Item H4 H.4
G BOARD OF COUNTY COMMISSIONERS
County of Monroe � "1 Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
October 16, 2019
Agenda Item Number: H.4
Agenda Item Summary #6170
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Charles Pattison (305) 295-5180
9:15 A.M. Land Authority
AGENDA ITEM WORDING: Approval of an addition to the Acquisition List and approval of a
contract to purchase previously developed Tier 1 property for affordable housing — 30936 Nathalie
Street (described as Block 3, Lot 5, Sam-N-Joe Subdivision), Big Pine Key.
ITEM BACKGROUND: This acquisition is proposed as an affordable housing site. The site was
previously developed with a mobile home that was substantially damaged during Hurricane Irma.
The owner has removed the mobile home and the County has recognized the property as ROGO
exempt.
The property consists of a 5,175 square foot lot at 30936 Nathalie Street on the bay side of Big Pine
Key near mile marker 31. The property has a tier designation of Tier 1 — Native Area, a zoning
designation of Urban Residential Mobile Home, and is a mowed lot. The Southeast Florida
Regional Climate Change Compact 50-year sea level rise projection is 14 to 26 inches by the year
2060. In the event of a 36-inch increase in sea level, estimates provided by the South Florida Water
Management District indicate this property will have a less than 25.1% probability of being
inundated.
The property owner has agreed to sell the property for the price of $99,000. The estimated closing
costs for this transaction are listed in the agenda documentation.
ADVISORY COMMITTEE ACTION: On September 25, 2019 the Committee voted 510 to
approve adding this property to the Acquisition List for affordable housing; purchasing the property
for the price of $99,000; and transferring the property to either the Monroe County Housing
Authority or the BOCC for development.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
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STAFF RECOMMENDATION: Approval
DOCUMENTATION:
B1k3,Lt5
ROGOExemptionLetter
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Charles Pattison Completed 10/01/2019 10:29 AM
Kathy Peters Completed 10/01/2019 10:54 AM
Board of County Commissioners Pending 10/16/2019 9:00 AM
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PURCHASE CONTRACT
10/16/19
Purchase Title Fees& Attorney Recording Total
Property Price Appraisal Insurance Fee Fee Costs
Block 3, Lot 5 $99,000.00 $0.00 $950.00 $475.00 $35.50 $100,460.50
Sam-N-Joe Subdivision
Big Pine Key
Seller: Patricia M. Detweiler
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Aerial Photograph of Subject Property
30936 Nathalie Street
Block 3, Lot 5, Sam-N-Joe Subdivision
Big Pine Key
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AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this day of , 20197 by
and between
Patricia M. Detweiler
(hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and
assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter
"Land Authority") acting by and through the Executive Director of the LAND AUTHORITY.
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WITNESSETH:
1. In consideration of Ten Dollars ($10.00) in hand, paid by the LAND AUTHORITY, the receipt of
which is hereby acknowledged, the Seller(s) agree to sell to the LAND AUTHORITY certain lands
upon the terms and conditions hereinafter set forth, and for the price of $99,000.00 for all of the
lands and other interests, which lands shall include all tenements, hereditaments, together with all
water and other rights, easements, appurtenances, and any and all of the Seller's rights in or
arising by reason of ownership thereunto belonging, owned by them, situate and lying in the
County of Monroe, State of Florida, more particularly described as follows; to-wit: a.
Block 3, Lot 5, Sam-N-Joe Subdivision (PB 3-76)
RE# 00300250-000000
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2. The Seller(s) agree that they have full right, power and authority to convey, and that they will
convey to the LAND AUTHORITY the fee simple title together with legal and practical access
thereto clear, free and unencumbered, except subject to the following easements or reservations:
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Existing easements for canals, ditches, flumes, pipelines, railroads, public highways and roads,
telephone, telegraph, power transmission lines and public utilities. E
The LAND AUTHORITY, at the LAND AUTHORITY'S expense, within the time allowed to deliver
evidence of title and to examine same, may have the real property surveyed and certified by a
registered Florida surveyor. If the survey discloses encroachments on the real property or that
improvements located thereon encroach on setback lines, easements, lands of others, or violate
any restrictions, contract covenants, or applicable governmental regulations, the same shall
constitute a title defect. M
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Seller(s) shall convey a marketable title subject only to the aforementioned liens, encumbrances, M
exceptions or qualification set forth herein. Marketable title shall be determined according to
applicable title standards adopted by authority of the Florida Bar and in accordance with law. The
LAND AUTHORITY shall have sixty (60) days from the effective date of this Agreement in which to 0
examine title. If title is found defective, the LAND AUTHORITY shall, within this specified time
period, notify Seller(s) in writing specifying defect(s). If the defect(s) render title unmarketable 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 LAND AUTHORITY
shall have the option of either accepting the title as it then is or rescinding the Agreement herein.
3. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or title to
said lands may be diminished or encumbered while this Agreement is pending. It is further agreed
that any loss or damage occurring prior to the vesting of satisfactory title in the LAND
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AUTHORITY by reasons of the unauthorized cutting or removal of products therefrom, or because
of fire, shall be borne by the Seller(s); and that, in the event any such loss or damage occurs, the
LAND AUTHORITY may, without liability, refuse to accept conveyance of said lands.
4. The Seller(s) further agree that during the period covered by this instrument officers and
accredited agents of the LAND AUTHORITY shall have at all reasonable times the unrestricted
right and privilege to enter upon said lands for all proper and lawful purposes, including
examination of said lands and the resources upon them. The Seller(s) hereby waive their rights to
any and all claims against the LAND AUTHORITY, Monroe County, or the State of Florida
associated with, or arising from ownership of, said lands and this waiver shall survive closing.
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5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the LAND
AUTHORITY a good and sufficient deed of warranty conveying to the LAND AUTHORITY a
marketable title to the said lands of such character as to be satisfactory to the legal counsel of the
LAND AUTHORITY and said deed shall provide that the use, occupation and operation of the
rights-of-way, easements and reservations retained therein, shall be subordinate to and subject to
such rules and regulations as may be prescribed by the LAND AUTHORITY governing the use,
occupation, protection and administration of lands.
6. In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and a.
other interests at the price of $99,000.00. The LAND AUTHORITY further agrees that, after the LM
preparation, execution, and delivery of the deed, and after the legal counsel of the LAND
AUTHORITY shall have approved the title thus vested in the LAND AUTHORITY, it will cause to g
be paid to the Seller(s) the purchase price. The LAND AUTHORITY shall pay the following .T
expenses associated with the conveyance of the property: deed recording fees, settlement fees,
abstract fees, title examination fees, the Buyer's attorney's fees, and title insurance, as well as the
prorata share of prepaid real property taxes allocable to the period subsequent to the vesting of
title in the LAND AUTHORITY, or the effective date of possession of such real property by the
same, whichever is earlier. The Seller(s) shall pay the expenses of documentary stamps to be
affixed to the deed and the removal of trash, debris, and structures from the property, if any, and E
real estate commissions, if any. Full possession of the premises shall pass to the LAND
AUTHORITY as of the date payment is made to the Seller(s) subject only to the reservations
stated in Section 2 above.
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7. It is mutually agreed that an abstract, title insurance policy or other evidence of title to the property
herein contracted to be sold, satisfactory to the legal counsel of the LAND AUTHORITY will be
obtained by the LAND AUTHORITY at its expense. The Seller(s) expressly agree herein to LO
furnish to the LAND AUTHORITY any documents in Seller(s)'s possession establishing evidence
of title including, but not limited to, abstracts, title commitments, title policies and opinions of title.
8. It shall be the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at
the date title vests of record in the LAND AUTHORITY, whether or not such taxes and
assessments are then due and payable.
9. It is mutually understood and agreed that notice of acceptance of this Agreement shall be given to
the Seller(s) by mail addressed to the Seller(s) at the following address:
850 Longfellow Place with a copy to: Michele Adams
Iowa City, IA 52240 Berkshire Hathaway Homeservices Keys RE
michele@keysrealestate.com
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and shall be effective upon date of 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
paragraph 6 hereof.
10. The property shall be delivered at closing free of any tenant or occupancy whatsoever.
11. The Seller(s) shall close any open building permits or code enforcement proceedings prior to
closing.
12. The effective date of this Agreement shall be that date when the last one of the Seller(s) and the
LAND AUTHORITY has signed this Agreement.
13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until September 27, 2019 2
to sign and return this Agreement to the LAND AUTHORITY. This Agreement may be executed in
counterparts. Notwithstanding any provision of this Agreement to the contrary, the closing of this
transaction is contingent upon approval by the Advisory Committee and Governing Board of the
LAND AUTHORITY, failing which the LAND AUTHORITY 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 a.
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 LAND
AUTHORITY or its authorized representative, or any other office or agent of the LAND AUTHORITY g
authorized to purchase said lands, the option and right to enter into this Agreement for Purchase
within sixty (60) days from the execution thereof by the Seller(s), and to purchase said lands as herein
provided.
Seller/ Patricia M. Detweiler
Signature Date Phone Number
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The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its cl'
EXECUTIVE DIRECTOR in accordance with Resolution 03-2016, has executed this Agreement on
behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of
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MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(Seal)
Charles G. Pattison, Executive Director
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County of Monroe
Planning Department
2798 Overseas Highway Board of County Commissioners
Suite 410 Mayor Dixie Spehar,Dist. 1
Marathon,Florida 33050 Mayor Pro Tem Charles McCoy,Dist.3
Voice: (305)289 2500 Comm.George Neugent,Dist.2
FAX: (305)289 2536 Comm. David Rice,Dist.4
Comm.Murray Nelson,Dist.5
July 11, 2005
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Patricia Detweiler F
915 N. Summit St. Z
Iowa City, IA 52245
RE: Lot 5, Block 3, Sam-n-Joe Subdivision, Big Pine Key
Dear Ms. Detweiler,
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You requested a research to determine exemption for a single-family residence from the Residential Rate of E
Growth Ordinance (ROGO)on the above-described premises.
A review of the records has determined:
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• Lot 5, Block 3, Sam-n-Joe Subdivision, Big Pine Key is located within the Urban Residential Mobile
Home (URM) Land Use District. A single-family residence or a mobile home is a permitted use in the
URM Land Use District.
• The following building permits were found: x
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Applicant Name Permit Number Permit Type Issue Date of Permit ® k
Burgess 14231 60 amp service 7/5/67 '
Burgess 14091 Tr. tie down 6/1/67
Burgess 14195 Septic tank 6/9/67 a-
Burgess B-1088 Tie down 4/21/76
• The Monroe County Property Record Card indicates one residence was established on the property
from 1962 to present.
• The 1988 Mobile Home study indicates one mobile home on Lot 5, Block 3, Sam-n-Joe.
Therefore, the mobile home may be replaced with a single-family residence or a mobile home without going
thru ROGO, provided it conforms to all current Monroe County Codes and a demolition permit is obtained
for the removal of all development on the property. Please note if any code violations exist on the property
the violations will need to be removed.
Pursuant to Monroe County Code tion 9.5-43 you are entitled to rely upon the representations set forth in
this letter as accurate under gulations currently in effect. Please feel free to contact me at (305) 289-
2500 if you have any que '
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REQUEST FOR RECORDS RESEARCH
The request for records research must contain ALL THE NAMES OF THE PROPERTY OWNERS you found
through the OR's at the Clerk's office. Please list them below. YOU WILL BE NOTIFIED WHEN YOUR FILE
HAS BEEN RETRIEVED. Arrangements in regards to payment and pick up will be made at time of notification.
Send this completed REQUEST FOR RECORDS RESEARCH to:
Marathon Building Department Plantation Key Building Department o
2798 Overseas Hwy. Ste. 300 88800 Overseas Hwy.
Marathon, FL 33050 Tavernier, FL 33070
Attn: MARY WINGATE Attn: DALE SPITZNAGAL
Phone (305) 289-2866 Phone (305) 852-7100 0
Please completp the f ISlowing:
Date: �
Your Name: — ._L_VA e-Twol r �
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Your Address:9 IL
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Your Daytime Phone: a
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What type of information are you looking for (ie. enclosure, ertificate of occupancy, dock plans etc.)?
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Legal Description from Property Record Card: Lot S Blk Subdivision 5A M
Real Estate# �(7 �1O� �y _ t7 Q 0OO LL Year built(if known)
Please attach Property Record card.
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List previous property owners names. Include contractors and permit#'s (if known):
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