Item N07 N.7
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers,District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2
�pw° Danny L.Kolhage,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
December 11, 2019
Agenda Item Number: N.7
Agenda Item Summary #6339
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
2, Lot 7, Eden Pines Colony (PB 4-158) with parcel number 00264690-000000 and a purchase price
of$28,750 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 5,000 square foot canal lot on Iris Drive on the bay side of Big
Pine Key near mile marker 30. The property is designated Tier 2 — Transition and Sprawl Area and
zoned Improved Subdivision. The property is a fenced, pea rock lot developed with assessory
structures.
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 $28,750. Since there is no separate market land value listed for
Lot 7 on the Monroe County Property Appraiser's website, the purchase price is based on the
$28,750 current market land value listed for a comparable lot in the same subdivision (Block 2, Lot
38). 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.
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CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
STAMPED EXECUTED BergerContract (12 3 19)
BergerMCPAData
BergerMCPADataComp
FINANCIAL IMPACT:
Effective Date: December 11, 2019
Expiration Date: None
Total Dollar Value of Contract: $28,750.00 plus estimated closing costs of$1,250.00
Total Cost to County: $30,000.00
Current Year Portion: $30,000.00
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: $28,750.00 plus closing costs estimated to be approximately $1,250.00
None
12/11/19 NEW COST CENTER ADDED $30,000.00
REVIEWED BY:
Charles Pattison Completed 11/25/2019 9:15 AM
Bob Shillinger Completed 11/25/2019 11:22 AM
Budget and Finance Completed 11/25/2019 12:39 PM
Maria Slavik Completed 11/25/2019 3:03 PM
Kathy Peters Completed 11/25/2019 3:09 PM
Board of County Commissioners Pending 12/11/2019 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-
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and between
Robert E. Berger and Debra J. Berger, as Trustees of The Robert E. Berger (n
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Revocable Trust dated 211/01 W
(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 parcel (hereinafter "Primary Parcel") U
thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida, U)
that is currently developed with a residential dwelling unit and is more particularly described as
follows; to-wit:
Block 2, Lot 8, Eden Pines Colony(PB 4-158) W
RE#00264690-000000
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The Seller(s) represent they are also the owners of the following parcel (hereinafter "Secondary ci
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 2, Lot 7, Eden Pines Colony(P13 4-158)
RE#00264690-000000 U)
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 $28,750.00. 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 W
convey to the COUNTY the Less Than Fee Interest and will simultaneously unify title of the
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servient estate of the Secondary Parcel with the Primary Parcel, subject to the following conditions U
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and obligations: X
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The COUNTY, at the COUNTY'S expense, shall have a title report commissioned to allow the W
COUNTY or its agent to examine all record detail of the ownership and encumbrances (0 & 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 (n
surveyor. If the survey or 0 & E report disclose encroachments on the Secondary Parcel or the
existence of improvements located thereon, or any other restrictions, contract covenants, liens, E
transfers of development rights, or applicable governmental regulations, deemed not acceptable to
the COUNTY, the same shall constitute a title defect. .0
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The COUNTY shall have sixty (60) days from the effective date of this Agreement in which to W
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 z
specifying defect(s). If the defect(s) render title unacceptable to the COUNTY, the Seller(s) will
have one hundred twenty (120) as 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, (n
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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.
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 0
Interest. U
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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 W
construed to constitute an acceptance of any existing or future code or building violation on the
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Primary Parcel or the Secondary Parcel. This provision shall survive closing. The Seller(s) _J
hereby waive their rights to any and all claims against the COUNTY or the State of Florida ci
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associated with, or arising from ownership of, the Secondary Parcel and this waiver shall survive 0
closing. M
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
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7. In consideration whereof the COUNTY agrees that it will purchase all of said Less Than Fee
Interest at the price of $28,750.00. 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 W
surrendered to and vested in the COUNTY, it will cause to be paid to the Seller(s) the purchase M
price, less any costs of closing payable by Seller, as set forth below. W
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The COUNTY shall pay the following expenses associated with the conveyance of the Less Than a
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Fee Interest: recording fees for the documents listed in Section 6, settlement fees, 0 & E report a.
fees, title examination fees, and the Buyers attorneys 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) (n
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 agreed that notice of acceptance of this Agreement shall be given to W
the Seller(s)by email to the address provided by the Seller(s)or by mail addressed to the Seller(s) W
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at the following address: Z
8296 Farm Road 2035
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Monett, MO 65708 (n
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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. 0
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11. If the Seller(s)wishes to proceed with this transaction, the Seller(s) have until November 19, 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
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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 Seller(s) have hereunto signed their names and affixed their respective N
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seals on the day first above written and therefore the Seller(s) for and in consideration of the Ten 0
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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 .2
Fee Interest as herein provided, providing said Purchase is duly approved by the Monroe County
B oard B County Commissio
Iners.oard I
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be7r!,P, erger, as Trustee of The Robert E. Berger Revocable Trust dated 2/11/01
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Signature Date Phone Number Emai Adress
Seller/Debra J. Berger, as Trustee of The Robert E. Berger Revocable Trust dated 2/11/01
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Signature Date Phone Number Email Address W
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Buyer/COUNTY: MONROE COUNTY, FLORIDA a
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KEVIN MADOK, CPA, Clerk
By:
Deputy Clerk Sylvia J. Murphy, Mayor E
(Seal)
MONROE COUNTY ATTORNEY'S OFFICE Date: APPROVE - T�
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PAUNECESCULL
3 ASSISTANT CO' NTY A RRNEY
DAM
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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 I 00264690-000000
Account# 1336343
Property ID 1336343 (L
Millage Group 100H �'' , ,NF
Location 291381R15 Dr,BIG PINE KEY W
Address
Legal BK2LTS7-8 EDEN PINES COLONY P134-158 BIG PINE KEYOR397-597
Description OR660-351/52OR580-745OR758-387OR795-1252OR1177-1850 '
OR1177-1851 OR1816-123 OR1822-1770/71 OR2779-2032/34F/1 f
OR2782 1863/64
(I`du C� Id�RRoh� a red on l�dal ducurr7t nCs,)
Neighborhood 635
Property Class SINGLE FAMILY RESID(0100)
Subdivision EDEN PINES COLONY
Sec/Twp/Rng 15/66/29
Affordable No
Housing
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Owner
BERGER ROBERT E REVOCABLE TRUST 2/1/01
8296 Farm Road 2035
Monett MO 65708
Valuation U
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2019 2018 2017 2016
+ Market Improvement Value $140,536 $140,536 $142,840 $150,431
+ Market Misc Value $24,335 $21,169 $21,715 $18,417
+ Market Land Value $171,250 $164,800 $167,375 $175,100 GS
= Just Market Value $336,121 $326,505 $331,930 $343,948
= Total Assessed Value $336,121 $326,505 $331,930 $271,698
- School Exempt Value $0 $0 $0 ($25,000)
= School Taxable Value $336,121 $326,505 $331,930 $246,698
Land N
19
Land Use Number of Units Unit Type Frontage Depth U
0
RESIDENTIAL CANAL(010C) 5,000.00 Square Foot 50 100
RESIDENTIAL CANAL UNPERMITTED(01CM) 5,000.00 Square Foot 50 100
4�
Buildings
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BuildinglD 14706 Exterior Walls VINYLSIDING
Style 1 STORY ELEV FOUNDATION Year Built 1977
Building Type S.F.R.-R1/R1 EffectiveYearBuilt 1980
Gross Sq Ft 4224 Foundation CONCR FTR
Finished Sq Ft 1472 Roof Type MANSARD
Stories 1Floor Roof Coverage ASPHALTSHINGL
Condition AVERAGE Flooring Type CERM/CLAYTILE
Perimeter 156 Heating Type FCD/AIR NON-DC with 0%NONE
Functional Ohs 0 Bedrooms 2
Economic Ohs 0 Full Bathrooms 2
Depreciation% 39 Half Bathrooms 0
Interior Walls WALL BD/WD WAL Grade 450
Number of Fire PI 0
Code Description Sketch Area Finished Area Perimeter (�
EFD ELEVATED FOUND 1,544 0 0
FLA FLOOR LIV AREA 1,472 1,472 0
GBF GAR FIN BLOCK 280 0 0
ODU OP PR UNFIN UL 204 0 0
OUF OP PRCH FIN UL 724 0 0
TOTAL 4,224 1,472 0
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Yard Items
Description Year Built Roll Year Quantity Units Grade
CONC PATIO 1979 1980 1 400 SF 2
CH LINK FENCE 1984 1985 1 1120 SF 1
CONC DAVITS 2007 2008 1 1 UT 1
CONCRETE DOCK 1984 1985 1 300 SF 4
SEAWALL 1984 1985 1 200SF 3
CONC PATIO 1984 2016 1 374SF 2
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacantor Improved
2/17/2016 $392,000 Warranty Deed 2782 1863 02-Qualified Improved
9/16/2002 $294,000 Warranty Deed 1816 0123 Q-Qualified Improved
7/1/1991 $135,000 Warranty Deed 1177 1851 M-Unqualified Improved
3/1/1978 $55,000 Conversion Code 758 387 Q-Qualified Improved
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Permits
Number 0 Date Issued 0 Date Completed 0 Amount 0 Permit Type 0 Notes 0
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08102437 7/1/2008 12/30/2007 $4,875 Residential REPLACE 3TON CONDENSER/AH
07103374 8/13/2007 12/30/2007 $7,500 Residential R&R Davit pads
03-4299 9/23/2003 6/19/2004 $6,978 Residential VINYLSIDING
View Tax Info
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Sketches(click to enlarge)
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Photos
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;,,,�I, a lien f" 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
within the 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 00264990-000000
Account# 1336637
Property ID 1336637
MillageGroup 100H
Location Address VACANT LAN I RIS Dr,BIG PINE KEY
Legal Description BK 2 LT 38 EDEN PINES COLONY P64-158 BIG PINE KEYOR485- (/)
89/90 O R306-235 O R 1163 1797/99 isms
(I"Jate:I"Jat to k]e caned arc le,
MI�iaa�iu mierrts)
Neighborhood 635
Property Class VACANT RES(0000) CD
Subdivision EDEN PINESCOLONY
Sec/Twp/Rng 15/66/29 1 „�t
Affordable No ,W
Housing Rps �,,, C:
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Owner
MORAVEC LORETTA
12337 SW 250th St
Homestead FL 33032
Valuation
0
2019 2018 2017 2016
+ Market Improvement Value $0 $0 $0 $0
Cd
+ Market Misc Value $0 $0 $0 $0 0
+ Market Land Value $28,750 $18,025 $18,025 $18,025
= Just Market Value $28,750 $18,025 $18,025 $18,025
= Total Assessed Value $19,828 $18,025 $18,025 $17,136
School Exempt Value $0 $0 $0 $0
= School Taxable Value $19,828 $18,025 $18,025 $17,136 ($
Land
Land Use Number of Units Unit Type Frontage Depth (L
RESIDENTIAL CANAL UN PERMITTED(01CM) 5,000.00 Square Foot 50 100
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
2/1/1971 $1,800 Conversion Code 485 89 Q-Qualified Vacant
View Tax Info
Photos
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responsibility to secure ijusl' for Id\/-florern t,3x puriYC} es of,,.-ill proper ly within the County, I he Monroe County �
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n7'iy not(Yf ir7 r7 1c;f,M lY c:.'in prior or ruiY.lf?qu;.nt yeF,ir.r By requesting suc;i"16i ritfl,you hereby ur'der rt Sir'd'.-md -igree l"iirit the SdIL
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