Item T5 County of Monroe BOARD OF COUNTY COMMISSIONERS
,Q
73'r \ Mayor Sylvia Murphy,District 5
wu Mayor Pro Tern Danny Kolhage,District 1
The Florida Keys Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
September 18, 2019
Agenda Item Number: T.5
Agenda Item Summary #6083
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
N/A
AGENDA ITEM WORDING: Approval of a contract to purchase a less than fee interest in Block
7, Lot 43, Doctors Arm First Addition (PB 4-149) with parcel number 00312430-000000 and a
purchase price of$54,562.00 for density reduction purposes.
ITEM BACKGROUND: This acquisition is proposed pursuant to BOCC Resolution 438-2018 (the
Less Than Fee Acquisition Program) to protect property rights, to reduce density, and to reduce the
County's potential liability for takings suits.
The subject property consists of a 11,175 square foot canal lot on Coral Way on the bay side of Big
Pine Key near mile marker 31. The property is designated Tier 2 —Transition and Sprawl Area and
is zoned Improved Subdivision. The property is a mowed lot that is developed with accessory
structures and has a mangrove fringe along the canal.
The Planning and Environmental Resources Department has confirmed the property has the potential
to be developed with one dwelling unit and the Land Authority has prepared and negotiated the
proposed purchase contract on behalf of the BOCC. The property owner has agreed to retire the
development rights for dwelling units and detached habitable space on the property. The purchase
price for this less than fee interest is $54,562, which is the 2018 market land value indicated on the
Monroe County Property Appraiser's website. The estimated closing costs for this transaction will
be approximately $1,250.
Once the proposed transaction closes, the Sellers will continue to own the lot and may use it in
conjuction with their existing house on their adjoining parcel but will be precluded from developing
the lot with a dwelling unit or other detached habitatable space.
PREVIOUS RELEVANT BOCC ACTION: The Board budgeted funds for purchases which are
intended to reduce density and to reduce the County's potential exposure to property rights' related
lawsuits through voluntary purchases.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
AMSContract
AMSMCPAData
AMSDetailedMCPAData
09/18/2019 Agreement
FINANCIAL IMPACT:
Effective Date: September 18, 2019
Expiration Date: None
Total Dollar Value of Contract: $54,562.00 plus estimated closing costs of$1,250.00
Total Cost to County: $55,812.00
Current Year Portion: $55,812.00
Budgeted: Yes
Source of Funds: 304 Funds infrastructure sales surtax
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: No
County Match: N/A
Insurance Required: N/A
Additional Details: $54,562.00 plus estimated closing costs of$1,250.00
None
09/18/19 NEW COST CENTER ADDED $55,812.00
REVIEWED BY:
Charles Pattison Completed 09/10/2019 4:37 PM
Paunece Scull Completed 09/10/2019 4:44 PM
Budget and Finance Completed 09/10/2019 4:49 PM
Maria Slavik Completed 09/11/2019 9:16 AM
Kathy Peters Completed 09/11/2019 9:23 AM
Board of County Commissioners Completed 09/18/2019 9:00 AM
AGREEMENT FOR THE PURCHASE OF LESS THAN FEE INTEREST IN LANDS
THIS AGREEMENT is made and entered into this day of , 2019, by
and between
AMS of South Florida Keys, Inc.
(hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and
assigns, and MONROE COUNTY, FLORIDA (hereinafter"COUNTY").
WITNESSETH:
1. The Seller(s) represent they are the owners of the following parcel (hereinafter"Primary Parcel")
thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida,
that is currently developed with a residential dwelling unit and is more particularly described as
follows; to-wit:
Block 7, Lot 42, Doctor's Arm First Addition (PB 4-149)
RE #00312430-000000
The Seller(s) represent they are also the owners of the following parcel (hereinafter "Secondary
Parcel") thereunto belonging, owned by them, situate and lying in the County of Monroe, State of
Florida, that borders the Primary Parcel and is currently not developed with a residential dwelling
unit or any other habitable space and is more particularly described as follows; to-wit:
Block 7, Lot 43, Doctor's Arm First Addition (PB 4-149)
RE#00312430-000000
2. In consideration of Ten Dollars ($10.00) in hand, paid by the COUNTY, the receipt of which is
hereby acknowledged, the Seller(s) agree to sell to the COUNTY certain property rights
associated with the Secondary Parcel owned by Seller, upon the terms and conditions hereinafter
set forth, and for the price of $54,562.00. The Seller(s) covenant to surrender, release, relinquish
and transfer any and all of the Seller(s)'s property rights to develop:
a) residential dwelling units; and
b) accessory structures providing detached habitable space
(hereinafter collectively"Less Than Fee Interest") on the Secondary Parcel.
3. The Seller(s) agree that they have full right, power and authority to convey, and that they will
convey to the COUNTY the Less Than Fee Interest and will simultaneously unify title of the
6 servient estate of the Secondary Parcel with the Primary Parcel, subject to the following conditions
and obligations:
The COUNTY, at the COUNTY'S expense, shall have a title report commissioned to allow the
COUNTY or its agent to examine all record detail of the ownership and encumbrances (O & E)
affecting title to the Secondary Parcel. The COUNTY may, at its option during the time permitted
for examination of title, have the Secondary Parcel surveyed and certified by a registered Florida
surveyor. If the survey or O & E report disclose encroachments on the Secondary Parcel or the
existence of improvements located thereon, or any other restrictions, contract covenants, liens,
transfers of development rights, or applicable governmental regulations, deemed not acceptable to
the COUNTY, the same shall constitute a title defect.
1
The COUNTY shall have sixty (60) days from the effective date of this Agreement in which to
examine the 0 & E of Seller's title. If title is found defective, as determined in the sole discretion
of COUNTY, the COUNTY shall, within this specified time period, notify Seller(s) in writing
specifying defect(s). If the defect(s) render title unacceptable to the COUNTY, the Seller(s) will
have one hundred twenty (120) days from receipt of notice within which to remove the defect(s).
The Seller(s) will use diligent effort to correct defect(s) in title within the time provided therefore,
including the bringing of necessary suits, failing which the COUNTY shall have the option of either
accepting the title as it then is or rescinding the Agreement herein.
4. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or property
rights associated with the Less Than Fee Interest may be diminished or encumbered while this
Agreement is pending. In the event any such diminution, encumbrance or other impairment
occurs, the COUNTY may, without liability, refuse to accept conveyance of said Less Than Fee
Interest.
5. The Seller(s) further agree that during the period covered by this instrument officers and
accredited agents of the COUNTY shall have at all reasonable times the unrestricted right and
privilege to enter upon the Secondary Parcel for all proper and lawful purposes, including
examination of the Secondary Parcel and the resources upon it. Nothing herein shall be
0 construed to constitute an acceptance of any existing or future code or building violation on the
Primary Parcel or the Secondary Parcel. This provision shall survive closing. The Seller(s)
hereby waive their rights to any and all claims against the COUNTY or the State of Florida
associated with, or arising from ownership of, the Secondary Parcel and this waiver shall survive
closing.
6. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the
COUNTY the following documents conveying to the COUNTY all of Seller's Less Than Fee
Interest in a manner satisfactory to the legal counsel of the COUNTY:
a) Covenant of Unity of Title and Restrictions on Future Development and/or Conveyances
(hereinafter"Covenant of Unity of Title document')
b) Joinder of Mortgagee (if applicable)
c) Joinder of Non-Mortgagee Encumbrance Holder(if applicable)
d) Grantor's Affidavit of No Encumbrance (if neither b or c above applies)
e) Affidavit of Trustee (if land owned by a Trust)
f) Application to Monroe County Property Appraiser to Consolidate Real Estate Parcels
7. In consideration whereof the COUNTY agrees that it will purchase all of said Less Than Fee
Interest at the price of $64,662.00. The COUNTY further agrees that after the preparation,
execution, and delivery of the documents enumerated above, and after the legal counsel of the
COUNTY shall have approved the documentation releasing the Less Than Fee Interest to be
surrendered to and vested in the COUNTY, it will cause to be paid to the Seller(s) the purchase
price, less any costs of closing payable by Seller, as set forth below.
The COUNTY shall pay the following expenses associated with the conveyance of the Less Than
Fee Interest: recording fees for the documents listed in Section 6, settlement fees, 0 & E report
fees, title examination fees, and the Buyer's attorney's fees. The Seller(s) shall pay the real estate
commissions, if any are due. Full transfer, surrender and possession of the development rights
described above shall pass to the COUNTY as of the date payment is made to the Seller(s)
subject only to the reservations stated in Section 2 above.
8. It shall be the obligation of the Seller(s) to pay any assessments outstanding as liens due to the
County at the date the Less Than,Fee Interest vests of record in the COUNTY.
2
9. It is mutually understood and agreed that notice of acceptance of this Agreement shall be given to
the Seller(s) by email to the address provided by the Seller(s) or by mail addressed to the Seller(s)
at the following address:
2125 Middle River Drive
Ft. Lauderdale, FL 33305
and shall be effective upon date of emailing or mailing and shall be binding upon all of the
Seller(s) without sending a separate notice to each, except as such obligation may be affected by
the provisions of Section 6 herein.
10. The effective date of this Agreement shall be that date when the last one of the Seller(s) and the
COUNTY has signed this Agreement.
11. If the Seller(s) wishes to proceed with this transaction, the Seller(s) have until July 26, 2019 to
sign and return this Agreement to the COUNTY. This Agreement may be executed in
counterparts. Notwithstanding any provision of this Agreement to the contrary, the obligation of
closing of this transaction is contingent upon approval by the Monroe County Board of County
Commissioners, failing which the COUNTY and the Seller(s) shall release one another of all
further obligations under this Agreement.
IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective
seals on the day first above written and therefore the Seller(s) for and in consideration of the Ten
Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the COUNTY
or its authorized representative, or any other office or agent of the COUNTY authorized to purchase
said Less Than Fee Interest in land, the option and right to enter into this Agreement for Purchase
within ninety (90) days from the execution thereof by the Seller(s), and to purchase the Less Than
Fee Interest herein provided, providing said Purchase is duly approved by the Monroe County
0 ou y mmissioners.
Se r/AM of Sou h Florida Keys, Inc.
Shan Fox, President
Signature Sr ate Phone Number Email Address �e11sotll"14 &/E
Buyer/COUNTY: MONROE COUNTY, FLORIDA
KEVIN MADOK, CPA, Clerk
By:
Deputy Clerk Sylvia J. Murphy, Mayor
(Seal)
Date:
3
gPublic.net-Monroe County, FL Page 1 of 4
„r,U � Puiblic.nef" Monroe County, FL
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of
fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property withint he County.The Monroe
County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data provided regarding
one tax year may not be applicable in prior or subsequent years.By requesting such data,you hereby understand and agree
that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose.
By continuing into this site you assert that you have read and agree to the above statement.
Summary
ParcelAccou t 13845030-000000
Account# 1384500 /%�����
Property lD 1384500
Millage Group 100H
Location 2056 CORAL Way,BIG PINE KEY
Address 10
Legal BK 7 LTS 4243 DOCTORSARM SUB-1STADDNP134-149 BIG PINE KEY
Description OR409-382/85 OR426-170 OR501-1058D/C OR724-763OR727-762
OR769-608 OR832-1439 OR1090-1998/99P/R OR 1141-1067 OR 1144-307
OR1177-1194/95 OR1220-976 OR1382-1013AFF OR1382-1014D/C
OR1382-1015 OR1382-1016 OR1564-2407 OR1589-1001 OR1655-
1081AFF OR2075-1379D/C OR2075-1376 OR2885-241/42
(I`do[ I`do[Lo h, a,d on h yal d0LU1 i W11 Cs.)
Neighborhood 597
Property Class SI NGLE FAM ILY RESID(0100)
Subdivision DOCTORS ARM 1ST ADD
Sec/Twp/Rng 14/66/29
Affordable No
Housing
Owner
AMS OF SOUTH FLORIDA KEYS INC
2125 Middle River Dr
Fort Lauderdale FL 33305
Valuation
2018 2017 2016 2015
+ Market Improvement Value $140,085 $167,063 $148,833 $160,638
+ Market Misc Value $19,805 $19,810 $16,130 $14,344
+ Market Land Value $182,091 $182,091 $180,796 $166,647
= Just Market Value $341,981 $368,964 $345,759 $341,629
= Total Assessed Value $341,981 $368,964 $345,759 $326,632
- School Exempt Value $0 $0 $0 $0
= School Taxable Value $341,981 $368,964 $345,759 $341,629
Land
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL CANAL(010C) 6,825.00 Square Foot 0 0
END CANAL UNPERM ITTED(01ECM) 11,475.00 Square Foot 0 0
Buildings
BuildinglD 16295 Exterior Walls C.B.S.
Style STILT 1 STORY Year Built 1968
Building Type S.F.R.-R1/R1 EffectiveYearBuilt 2003
Gross Sq Ft 3024 Foundation CONCRETE SLAB
Finished Sq Ft 1152 Roof Type GABLE
Stories 2 Floor Roof Coverage METAL
Condition AVERAGE Flooring Type CONCABOVEGRD
Perimeter 136 Heating Type FCD/AIR DUCTED with 0%NONE
Functional Ohs 0 Bedrooms 2
Economic Ohs 0 Full Bathrooms 2
Depreciation% 18 Half Bathrooms 0
Interior Walls WALL BD/WD WAL Grade 500
Number of Fire PI 0
Code Description Sketch Area Fin ishedArea Perimeter
FLA FLOOR LIV AREA 1,152 1,152 136
GBU GAR UNFIN BILK 448 0 92
LLF LOW LEV FIN 264 0 68
ODU OP PR UNFIN UL 360 0 92
OFF OP PRCH FIN LL 360 0 112
SBF UTIL FIN BILK 440 0 84
TOTAL 3,024 1,152 584
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gPublic.net-Monroe County, FL Page 2 of 4
Yard Items
Description Year Built Roll Year Quantity Units Grade
WALLAIRCOND 1982 1983 1 2UT 2
CONC PATIO 1999 2000 1 30SF 1
CONC PATIO 1979 1980 1 585 SF 2
WALLAIRCOND 2000 2001 1 1UT 2
CONC PATIO 1979 1980 1 90SF 2
CONCRETE DOCK 1968 1970 1 184SF 4
SEAWALL 1968 1970 1 312 SF 4
TIKI 2018 2019 1 600SF 2
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
12/28/2017 $100 Warranty Deed 2149050 2885 241 11-Unqualified Improved
12/30/2004 $560,000 Warranty Deed 2075 1376 M-Unqualified Improved
3/2/1999 $140,000 Warranty Deed 1564 2407 Q-Qualified Improved
5/1/1991 $70,000 Warranty Deed 1177 1194 P-Unqualified Improved
4/1/1989 $136,400 Warranty Deed 1090 1998 Q-Qualified Improved
4/1/1978 $60,000 Conversion Code 769 608 Q-Qualified Improved
Permits
Number Date Issued Date Completed Amount Permit Type
Notes 0
19100320 3/1/2019 $3,500 Residential INSTALL262 LFOF4 FT HIGH WOOD FENCINGWITH IEXISTINGGATE
18105211 11/19/2018 12/10/2018 $16,000 Residential CONSTRUCT20'x 30'CHICKEETIKI HUT
18100397 1/30/2018 3/20/2018 $8,000 Residential RE-ROOF-REMOVE&REPLACE WITH POLYG LASS PEEL&STICK TU PLUS UNDERLAYMENT&INSTALL
5V CRIMP METAL ROOF
11104623 2/22/2011 4/24/2012 $10,000 Residential ATFREMODEL/REPAIR,WINDOW/DOOR INSTALLATION,STAIR REPLACEMENT
05100556 9/27/2006 12/4/2008 $1,500 Residential CHAIN LINK FENCE
View Tax Info
V1F.X
Sketches(click to enlarge)
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gPublic.net-Monroe County, FL Page 3 of 4
BOAT G, GE
S B F Yr=1568
(440)
32 GBU'Yr=1968
(448)
22
12 LLF Yr=1968 32 FLA Yr 1968
(264) (1152)
1,4 22
PF Yr�ibG8'; OFF Yr=1968
(149)i (229),
0IUU,Y 11,908, 9
Photos
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