Item S1 S.1
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe 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: S.1
Agenda Item Summary #6187
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
3, Lot 32, Doctors Arm First Addition (PB 4-149) with parcel number 00311280-000000 and a
purchase price of$42,625 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 5,500 square foot lot on Delgado Lane 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 pea rock and mowed grass lot with a mulched
landscaping bed. There are no structures on the property.
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 owners have 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 $42,625, which is the current 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:
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N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
EXECUTED STAMPED AdamContract 10 8 19
AdamMCPAData
FINANCIAL IMPACT:
Effective Date: October 16, 2019
Expiration Date: None
Total Dollar Value of Contract: $42,625.00 plus estimated closing costs of$1,250.00
Total Cost to County: $43,875.00
Current Year Portion: $43,875.00
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: $42,625.00 plus closing costs estimated to be approximately $1,250.00
None
10/16/19 NEW COST CENTER ADDED $43,875.00
REVIEWED BY:
Charles Pattison Completed 10/04/2019 4:11 PM
Paunece Scull Completed 10/07/2019 8:49 AM
Budget and Finance Completed 10/07/2019 9:26 AM
Maria Slavik Completed 10/07/2019 9:28 AM
Kathy Peters Completed 10/08/2019 10:34 AM
Board of County Commissioners Pending 10/16/2019 9:00 AM
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AGREEMENT FOR THE PURCHASE OF LESS THAN FEE INTEREST IN LANDS
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THIS AGREEMENT is made and entered into this - day of 2019, by U_
and between z
James T. Adam and Diane C.Adam
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(hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and
assigns, and MONROE COUNTY, FLORIDA(hereinafter"COUNTY").
WITNESSETH.-
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1. The Seller(s) represent they are the owners of the following parcels (hereinafter"Primary Parcels")
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: LL
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Block 3, Lots 30 and 31, Doctom Arm First Addition(PB 4-149)
RE#00311260-000000
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The Seller(s) represent they are also the owners of the following parcel (hereinafter "Secondary a
Parcel") ter t longing, owned by them, situate and lying in the County of Monroe, State of ci
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Florida, that borders the Primary Parcels and is currently not developed with a residential dwelling
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unit or any other habitable space and is more particulady described as follows; to-wit. _J
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Block 3, Lot 32, Doctors Arm First Addlition(PB 4-149)
RE#00311280-000000
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 .2
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associated with the Secondary Parcel owned by Seller, upon the terms and conditions hereinafter >
set forth, and for the price of $42,625.00. The Seller(s)covenant to surrender, release, relinquish W
and transfer any and all oft Seller(s)s property rights to develop:
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a) residential dwelling units; and
b) accessory structures providing detached habitable space
(hereinafter collectively"Less Than Fee Interest")on the Secondary Parcel. 0
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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
servient estate of the Secondary Parcel with the Primary Parcels, subject to the following W
conditions and obligations:
The COUNTY, at the COUNTY'S expense, shall have a t® report commissioned to allow the (n
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COUNTY or its agent to examine all record detail of the ownership and encumbrances (0 & E) W
affecting title to the Secondary Parcel. The COUNTY may, at its option during the time permitted M
for examination of title, have the Secondary Parcel surveyed and certified by a registered Florida U
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surveyor. If the survey or 0 & E report disclose encroachments on the Secondary Parcel or the X
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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 sames ll constitute a title defect. E
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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 W
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of COUNTY, the COUNTY shall, within this specified time period, notify Seller(s) in writing U-
specifying defect(s). If the defect(s) render title unacceptable to the COUNTY, the Seller(s) will z
have one hundred twenty (120) days from receipt of notice within is 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 W
accepting the title as it then is or rescinding the Agreement herein.
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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 .2
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 U-
accredited agents of the COUNTY shall have at all reasonable times the unrestricted right and E
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
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Primary Parcels or the Secondary Parcel. This provision shall survive dosing. 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
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closing. -J
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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
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(hereinafter"Covenant of Unity of Title document") >
b) Joinder of Mortgagee (if applicable)
c) Joinder of Non-Mortgagee Encumbrance Holder(if applicable)
d) Grantors Affidavit of No Encumbrance(if neither b or c above applies) 00
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 0
Interest at the price of $42,625.00. The COUNTY further agrees that after the preparation, E
execution, and delivery of the documents enumerated above, and after the legal counaloft he
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 W
price, less any costs of dosing payable by Seller,as set forth below.
The COUNTY shall pay the following expenses associated with the conveyance oft Less Than
Fee Interest: recording fees for the documents listed in Section 6, settlement fees, 0 & E report W
fees, title examination fees, and the Buyer's attorney's fees. The Seller(s)shall pay the real estate M
commissions, if any are due. Full transfer, surrender and possession of the development rights U
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described above shall pass to the COUNTY as of the date payment is made to the Seller(s) X
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subject only to the reservations stated in Section 2 above.
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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.
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9. It is mutually understood and are that notice of acceptance of this Agreement all be given to
the Seller(s)by small to the address provided by the Selfer(s)or by mail addressed to the Seller(s) W
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at the following address: U-
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30829 Delgado Lane
Big Pine Key, FIL 33043
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and shall be effective upon date of emailing or mailing and shall be binding upon all ofthe
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 .2
COUNTY has signed this Agreement.
11. If the Seller(s) wishes to proceed with this transaction, the Seller(s) have until September 23, E
2019 to sign and return this Agreement to the COUNTY. This Agreement may be executed in U-
counterparts. Notwithstanding any provision of this Agreement to the contrary, the obligation of E
closing ofthis transaction is contingent upon approval by the Monroe County Board of County
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Commissioners, failing which the COUNTY and the Seller(s) shall release one another of all
further obligations under this Agreement.
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IN WITNESS WHEREOF, the Sell ens) have hereunto signed their names and affixed their respective ci
seals on the day first above written and therefore the Seller(s) for and in consideration of the Ten
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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 co
Fee Interest as herein provided, providing said Purchase is duly approved by the Monroe County
Board of County Commissioners.
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Seller/James T.Adam >
n ore Phone Number Email Address
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Sell r/Diane C. Adam
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Signature D*at -2�-.- Lone Number Email Address
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Buyer/COUNTY- MONROE COUNTY, FLORIDA (n
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KEVIN MADOK, CPA, Clerk
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By- W
Deputy Clerk Sylvia J. Murphy, or
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(Seal)
Date: KAONROE COUNTY ATTORNEY'S OFFICE
PPROVED AS PG FOR!U
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PAUNECE SCULL
ASSISTANT COVU Pg. 2625
DATE: ---Ik TPacket
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„r,U Puiblic. "" 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
Parcel ID 00311280-000000 '"
Account# 1383350 '
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Property ID 1383350
Millage Group 100H °,�iq� ILL.
Location Address VACANT LAN DELGADO In,BIG PINE KEY r�
Legal Description BK 3 LT 32 DOCTORSARM SUB-1STADDN BIG PINE KEY P134-149 OR427-447 OR858- '
2115D/C OR1460-2176 OR2515-2333C
(I`duL,<I`4o[Lu lh, a,?d on dOLUN4 n Cs,)
Neighborhood 597
Property Class VACANT RES(0000)
Subdivision DOCTORS ARM 1ST ADD r
Sec/Twp/Rng 14/66/29 ��� �
Affordable No
Housing �i���i��`1�� ��� i E
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Owner
AI..AM JAMI::S..C.. AI..AM DIANI::C:
30829 Delgado In 30829 Delgado In
Big Pine Key FL 33043 Big Pine Key FL 33043
888
Valuation
2019 2018 2017 2016
+ Market Improvement Value $0 $0 $0 $0
+ Market Misc Value $0 $0 $0 $0
+ Market Land Value $42,625 $43,051 $22,220 $19,514
= Just Market Value $42,625 $43,051 $22,220 $19,514
= Total Assessed Value $22,812 $20,738 $18,853 $17,139 0
- School Exempt Value $0 $0 $0 $0
= School Taxable Value $42,625 $43,051 $22,220 $19,514 cN
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Land
Land Use Number of Units Unit Type Frontage Depth
END CANAL UNPERMITTED(01ECM) 5,500.00 Square Foot 55 100
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacantor Improved
4/28/2011 $100 Warranty Deed 2515 2333 11-Unqualified Vacant
5/1/1997 $13,000 Warranty Deed 1460 2176 C-Unqualified Vacant
2/1/1974 $2,400 Conversion Code 427 447 Q-Qualified Vacant
View Tax Info
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Photos
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