Item N09 N.9
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.9
Agenda Item Summary #6341
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 Lot
42, Amended Plat of Dolphin Harbour (PB 6-116) with parcel number 00319492-004200 and a
purchase price of$30,800 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 7,700 square foot canal lot on No Name Drive on the bay side of
No Name Key near mile marker 31. The property is designated Tier 1 — Natural Area and zoned
Improved Subdivision. The property is a partially wooded lot developed with accessory structures.
The stairs providing access to the Seller's house are also located on the subject property. The
Planning and Environmental Resources Department has confirmed the subject property has the
potential to be developed with one additional dwelling unit if the stairs to the existing house are
physically relocated to the same lot as the existing house or if the property owner applies for a lot
line adjustment.
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
$30,800. Since there is no separate market land value listed for Lot 42 on the Monroe County
Property Appraiser's website, the purchase price is based on the $30,800 current market land value
listed for a comparable lot in the same subdivision (Lot 32). The estimated closing costs for this
transaction will be approximately $1,250.
Once the proposed transaction closes, the Seller will continue to own the lot and may use it in
conjuction with her existing house on her 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
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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:
STAMPED EXECUTED Herman LTF Contract 12 3 19
HermanMCPAData
HermanMCPADataComp
FINANCIAL IMPACT:
Effective Date: December 11, 2019
Expiration Date: None
Total Dollar Value of Contract: $30,800.00 plus estimated closing costs of$1,250.00
Total Cost to County: $32,050.00
Current Year Portion: $32,050.00
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: $30,800.00 plus closing costs estimated to be approximately $1,250.00
None
12/11/19 NEW COST CENTER ADDED $32,050.00
REVIEWED BY:
Charles Pattison Completed 11/25/2019 12:40 PM
Bob Shillinger Completed 11/25/2019 1:06 PM
Budget and Finance Completed 11/25/2019 1:28 PM
Maria Slavik Completed 11/25/2019 3:11 PM
Kathy Peters Completed 11/25/2019 3:11 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 z
THIS AGREEMENT is made and entered into this day of 2019, by
and between
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Amy Herman
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(hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and
assigns, and MONROE COUNTY, FLORIDA (hereinafter"COUNTY"),
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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,
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that is currently developed with a residential dwelling unit and is more particularly described as a
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follows; to-wit: 0
Lot 43, Amended Plat of Dolphin Harbour(PB 6-116)
RE #00319492-004200
The Seller(s) represent they are also the owners of the following parcel (hereinafter "Secondary E
Parcel") thereunto belonging, owned by them, situate and lying in the County of Monroe, State of ci
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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: 0
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Lot 42, Amended Plat of Dolphin Harbour (PB 6-116)
RE #00319492-004200
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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 $30,800.00. The Seller(s) covenant to surrender, release, relinquish
and transfer any and all of the Sell er(s)'s property rights to develop:
a) residential dwelling units; and 0
b) accessory structures provi Usding detached habitable space U_
(hereinafter collectively "Less Than Fee Interest") on the Secondary Parcel.
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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
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servient estate of the Secondary Parcel with the Primary Parcel, subject to the following conditions
and obligations: M
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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) W
affecting title to the Secondary Parcel. The COUNTY may, at its option during the time permitted a.
for examination of title, have the Secondary Parcel surveyed and certified by a registered Florida
surveyor. If the survey or 0 & E report disclose encroachments on the Secondary Parcel or the (n
existence of improvements located thereon, or any other restrictions, contract covenants, liens,
transfers of development rights, or applicable governmental regulations, deemed not acceptable to
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the COUNTY, the same shall constitute a title defect.
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The COUNTY shall have sixty (60) days from the effective date of this Agreement in is to z
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 (n
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specifying defect(s). If the defect(s) render title unacceptable to the COUNTY, the Seller(s) will W
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 it within the time provided therefore,
including the bringing of necessary suits, failing which the COUNTY shall have the option of either E
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.
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5. The Seller(s) further agree that during the period covered by this instrument officers and 0
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
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) E
hereby waive their rights to any and all claims against the COUNTY or the State of Florida ci
associated with, or arising from ownership of, the Secondary Parcel and this waiver shall survive
closing. 0
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 .2
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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) 0
f) Application to Monroe County Property Appraiser to Cons Usolidate Real Estate Parcels U_
7. In consideration whereof the COUNTY agrees that it will purchase all of said Less Than Fee
Interest at the price of $30,800.00. The COUNTY further agrees that after the preparation, E
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
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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. M
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The COUNTY shall pay the following expenses associated with the conveyance of the Less Than W
Fee Interest: recording fees for the documents listed in Section 6, settlement fees, 0 & E report a
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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 tot 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 Z
the Seller(s) by it to the address provided by the Seller(s) or by mail addressed to the Seller(s)
at the following address:
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1910 No Name Drive
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 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. 0
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.
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11. If the Seller(s) is to proceed with this transaction, the Seller(s) have until November 22, 2019 a
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to sign and return this Agreement to the COUNTY. This Agreement may be executed in 0
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.
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IN WITNESS WHEREOF, the Seller(s) 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 1'q
Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the COUNTY 0
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
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Fee Interest as herein provided, providing said Purchase is duly approved by the Monroe County >
Board of County Commissioners.
Seller/Am Herman
ignatur Date Phone Number Email Address
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Buyer/ COUNTY: MONROE COUNTY, FLORIDA
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KEVI N MADOK, CPA, Clerk
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By: M
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Deputy Clerk Sylvia J. Murphy, Mayor W
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(Seal) a
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Date:
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M��-COUNTY AnORNEVS 0F1
PAUNECE SCULL
3 ASS18
_TAtNT__P_', ORNEY
DATE Packet Pg. 1215
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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 00319492-004200
Account# 1393924
Property ID 1393924 l
Millage Group 110H I
Location 1910 NO NAME Dr,NO NAME KEY d�Vi(�f ,� )
Address
Legal LTS 42AND 43AMENDED PLAT OF DOLPHIN HARBOUR NO NAME KEY P136-116 OR458- y V�
-
Description 448 449 OR578 17 20 OR773 328 OR1059 982 OR1083 1805 OR1183 bO5 OR1402-2293 ./..
OR1573-1158OR2810-1388
(I`do[, I`do[Lo Ih, a,?d on dOLUMI nI',)
Neighborhood 512
Property Class SINGLE FAMILY RESID(0100)
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Subdivision DOLPHIN HARBORAMD
Sec/Twp/Rng 18/66/30 4�
Affordable No
Housing
Owner
HERMANAMY
1910 No Name Dr
Big Pine Key FL 33043
Valuation
2019 2018 2017 2016
+ Market Improvement Value $117,682 $117,682 $119,465 $122,667
+ Market Misc Value $9,157 $9,128 $9,470 $11,793
+ Market Land Value $257,950 $261,800 $172,788 $220,934
= Just Market Value $384,789 $388,610 $301,723 $355,394
= Total Assessed Value $258,161 $253,348 $248,138 $355,394
- School Exempt Value ($25,000) ($25,000) ($25,000) $0
= School Taxable Value $233,161 $228,348 $223,138 $355,394
Land
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL CANAL(010C) 15,400.00 Square Foot 140 110
0
Buildings
BuildinglD 16554 Exterior Walls ABOVE AVERAGE WOOD
Style STILT STORY Year Built 1990
Building Type S.F.R.-R1/R1 EffectiveYearBuilt 1990
Gross Sq Ft 3551 Foundation CONC PILINGS
Finished Sq Ft 1072 Roof Type IRR/CUSTOM
Stories 1 Floor Roof Coverage METAL
Condition AVERAGE Flooring Type PLYWD/PR BD
Perimeter 120 Heating Type NONEwith O%NONE
Functional Ohs 0 Bedrooms 1
Economic Ohs 0 Full Bathrooms 1
Depreciation% 34 Half Bathrooms 0 E
Interior Walls WALL BD/WD WAL Grade 450
Number of Fire PI 0
Code Description Sketch Area Finished Area Perimeter
CPF CARPORT FIN 768 0 112
CPU CARPORTUNFIND 390 0 86
FLA FLOOR LIV AREA 1,072 1,072 200
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ODU OP PR UNFIN UL 1,017 0 334 4�
OUF OP PRCH FIN UL 48 0 32
PUF SC PRCH FIN UL 220 0 61
SBU UTIL UNFIN BILK 36 0 30
TOTAL 3,551 1,072 855
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Yard Items
Description Year Built Roll Year Quantity Units Grade
CISTERNS 1989 1990 1 12500GAL 4
UTI LITY B LDG 1990 1991 1 96 SF 3
WOODCOCKS 1994 1995 1 80 SF 2
SCRN ENCLOSURE 2000 2001 1 64 2
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
7/22/2016 $365,000 Warranty Deed 2810 1388 02-Qualified Improved
5/1/1996 $122,500 Warranty Deed 1402 2293 M-Unqualified Improved
9/1/1991 $135,000 Warranty Deed 1183 605 M-Unqualified Improved
2/1/1989 $1 Warranty Deed 1083 1805 M-Unqualified Vacant IL
Permits
Number Date Issued Date Amount Permit Type
Completed 0 Notes 0
17107503 1/4/2018 1/23/2018 $6,559 Residential INSTALL NEW 200AMP SERVICE ENTRANCE TO CONNECT HOME TO KEY POWER GRID,INCLUDINGRISER,
CU CONDUCTERS&ASSOCIATED GROUNDING SYSTEM
89100623 3/1/1989 12/1/1990 $42,240 Residential SFR&CISTERN f�
View Tax Info
Sketches(click to enlarge) E
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r,F1F`Yr 11990 (4 8) 1,2 (272) 12
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2 4 FLAYr 1999
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Photos
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„r,U Puiblic. "" Monroe County, FL
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of
fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property withint he County.The Monroe
County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data provided regarding
one tax year may not be applicable in prior or subsequent years.By requesting such data,you hereby understand and agree
that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose.
By continuing into this site you assert that you have read and agree to the above statement.
Summary
Parcel ID 00319492-003200 LL
Account# 1393827
Property ID 1393827 '"'v t`�in a�° v^$��.,
Millage Group 110H
Location Address NO NAME Dr NO NAME KEY a F
Legal Description LT 32AMENDED PLAT OF DOLPHIN HARBOUR NO NAME KEY P136-116 OR452-93-96 OR792
1353/1354 OR906 1285OR1481 1309OR2901-313
(I`4,rk<I`4,r[Lu Ih, a,?d on Norl docun7In I',) a•�i, ,v Rype
Neighborhood 512 f I, 'Lh� W
Property Class VACANT RES(0000) Q
Subdivision DOLPHIN HARBORAMD r
Sec/Twp/Rng 18/66/30 V aiUJx " III
Affordable No „ -o '� �"""
Housing
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Owner
P<-V::)RAIC:F'MPI(;[[AN AND ANN MA RIP JOINT LIVING,
.f..FtUSr 1.0/2d/01
526 Sound Dr
Key Largo FL 33037 _
Valuation
2019 2018 2017 2016
0
+ Market Improvement Value $0 $0 $0 $0
+ Market Misc Value $0 $0 $0 $0
+ Market Land Value $30,800 $31,724 $21,810 $29,606
= Just Market Value $30,800 $31,724 $21,810 $29,606
= Total Assessed Value $18,281 $16,619 $15,109 $13,735
- School Exempt Value $0 $0 $0 $0
= School Taxable Value $18,281 $16,619 $15,109 $13,735
Land N
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Land Use Number of Units Unit Type Frontage Depth
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RESIDENTIAL CANAL UNPERMITTED(01CM) 7,700.00 Square Foot 70 110 91
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacantor Improved 0
4/10/2018 $100 Quit Claim Deed 2164184 2901 313 11-Unqualified Improved Q�
5/1/1979 $10,000 Conversion Code 792 1353 Q-Qualified Vacant
View Tax Info
Photos
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