Item N05 N.5
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers,District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2
�p.° Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
January 22, 2020
Agenda Item Number: N.5
Agenda Item Summary #5650
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
26, Dobie's Subdivision (PB 2-135) and adjoining lands with parcel number 00188870-000000 and a
purchase price of$99,999 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 7,188 square foot lot on Henry Street on the ocean side of
Summerland Key near mile marker 24. The property is designated Tier 3 — Infill Area and is zoned
Improved Subdivision. The property is a scarified, ROGO-exempt lot and is currently being
developed with accessory 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 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 $99,999, which is below the property's $173,295 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 Seller will continue to own the lot and may use it in
conjuction with his existing house on his 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:
Packet Pg. 1939
N.5
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
KlarenbeekContract
KlarenbeekMCPAData
Klarenbeck-joinder of mortgagee 16 20
FINANCIAL IMPACT:
Effective Date: June 19, 2019
Expiration Date: None
Total Dollar Value of Contract: $99,000.00 plus estimated closing costs of$1,250.00
Total Cost to County: $101,249.00
Current Year Portion: $101,249.00
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: $99,000.00 plus closing costs estimated to be approximately $1,250.00
None
06/19/19 NEW COST CENTER ADDED $101,249.00
REVIEWED BY:
Charles Pattison Completed 06/03/2019 10:17 AM
Paunece Scull Completed 06/03/2019 10:24 AM
Budget and Finance Completed 06/03/2019 12:04 PM
Maria Slavik Completed 06/03/2019 12:15 PM
Kathy Peters Completed 06/03/2019 12:19 PM
Board of County Commissioners Completed 06/19/2019 9:00 AM
Board of County Commissioners Pending 01/22/2020 9:00 AM
Packet Pg. 1940
AGREEMENT FOR THE PURCHASE {JF LESS THAN FEE INTEREST |NLANDS
THIS AGREEMENT is made and entered into this day Of 11 a. 2019' by
and between
Dwayne A.A. KlGM3Mbeek
(hereinafter ^Se||er(8)^), for themselves, their heirs, OXeCUtonS' @dDliOiSt[8tO[S' SuCCeSSOFS and
mneigna. and K8C}NF{[)E C{]UNTY, FLORIDA (hereinafter ''C{]UNTY'').
VV|TMEG8ETH:
IL
1. The Seller(s) represent they are the owners of the following parcel (hereinafter "Primary Parcel") mu
thereunt0 belonging, owned by them, Situate and lying in the County of Monroe, State of Florida, U_
that iS currently developed with 8 residential dVVBUiOg unit and is more particularly described ga
follows; to-wit: -�
Lot25, C|obie'aGubdivision (Pl32-135) and adjoining lands, more particularly described W
in Exhibit "A". —
RE #OO188B6O-O00O0O
The GeUBr/S\ represent they are also the owners of the following perCS| (hereinafter "Secondary
Parcel") thereuOtO belonging, OVVOed by them, situate and lying in the County of Monroe, State Of �e
Florida, that borders the Ph[D8Fy Parcel and is CU[FeOt|y not developed with 8 residential dwelling —
unit or any other habitable space and is more particularly described as follows; to-wit:
Lot26, Dobie's Subdivision (PB 2-135) and adjoining |ands, more particularly described
in Exhibit "B". �
R|E #OO18887O-OODOOO
2. In COnSid� �iOD Of Ten [Dollars ($10.00) in hand, paid by the (COUNTY, the receipt Of vvhi�h iS °
consideration
hereby acknowledged, the G8||O[(S) agree to sell to the COUNTY certain property rights (6
N
associated with the SeCOOd8n/ P@[Ce| 0vVDed by 8eUe[. upon the terms and conditions hereinafter
Set forth, and for the price of $99,999.00. The Seller(s) CoVeOGDt to SUFFeDde[' [8|B8Se' relinquish '�
and transfer any and all of the Q8||e[(B)'S property rights to develop:
8) residential dwelling UDitS� and
b) accessory structures providing detached habitable space
(hereinafter collectively "Less Than Fee Interest") OO the Secondary Parcel. Said Less Than Fee
Interest includes the rights to the residential dwelling unit exempt from the Rate of Growth
Ordinance referenced in the June 29. 2007 letter from Bill Harbert and Joseph Haberman to =
StepheDSz@kDS.
3. The S8||e[/S\ agree that they have full right, power and authority to convey, and that they will
CVOVeV to the COUNTY the Less Than Fee |DtenGSt and will simultaneously unify title of the
servient estate of the Secondary Parcel with the Primary Parcel, subject to the following conditions <
and obligations:
The COUNTY, at the CC}UNTY'8 expense, shall have o title report commissioned to allow the
COUNTY or its agent to examine all record detail of the ownership and encumbrances /{} & E\
affecting title tOthe Secondary Parcel. The COUNTY may, at its ODtiOO during the time permitted
for examination of title, have the Secondary Parcel SUn/eySd and certified by a registered Florida
surveyor. If the survey or [} & E report disclose encroachments on the Secondary Parcel or the
1
existence of improvements located thereon, or any other restrictions, COOt[a(t CnveO3DtR. |ieDS,
transfers of development rights, or applicable governmental regulations, deemed not acceptable to
the COUNTY, the same shall constitute 8 title defect.
The COUNTY shall have sixty (OO) days from the effective date Of this Agreement in which to
eX8DliOe the [) & E Of Seller's title. If title is found defective, GS determined in the sole discretion
Of COUNTY, the COUNTY shall, within this Specified time period, notify Seller(s) in writing
specifying defect(0). 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 8Sit then iSOr rescinding the Agreement herein.
W
4. The Seller(s) further agree not to dO, or suffer others to do, any act by which the value or property u-
riQht8 associated with the Less Than Fee |Dte[8St may be diminished or encumbered while this
Agreement is pending. In the event any such di[OiOUti0O' eOCU0b[aOCe or other impairment
0CCU[S' the COUNTY may, without liability, refuse to accept C0OV8yaOce of said Less Than Fee
|OteFeSL W
�
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 UpOD it. Nothing herein Sh8|| be �e
construed to constitute GD 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 nr th� St8t� 0f F|O[id8 '
associated with, or arising from ownership of. the Secondary P8[:e| and this waiver Sh8|| survive
closing. �
O. The Seller(s) will execute and deliver UpOO demand of the proper OffiCi8|S and 8g8DtG of the
COUNTY the following documents conveying to the COUNTY all Seller's0Seller's Less Than Fee °
Interest in 8 Dl8OOer satisfactory to the legal counsel of the COUNTY: w�
0
G\ Covenant of Unity of Title and Restrictions on Future Development and/or Conveyances
(hereinafter"Covenant Of Unity Of Title docurnent^)
b\ Joinder of Mortgagee (if 8pp|iC8b|e)
C\ Joinder Of Non-Mortgagee Encumbrance Holder (if applicable)
d\ Grantor's Affidavit of No Encumbrance (if neither orcabove applies)
e) /#fidavitnf Trustee (if land owned by8Trust)
D Application to Monroe County Property Appraiser to Consolidate Real Estate Parcels
7. In COnSid8[8tiOD whereof the COUNTY agrees that it will purchase all of said Less Than Fee
Interest at the price of $99,999.00. The COUNTY further agrees that after the preparation,
eXeCUtiOD' and delivery of the documents enumerated above, and after the legal counsel ofthe
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, |eam 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 O' settlement fees, C} & E report
fees, title examination fees, and the Buyer's 8ttOrney'Sfees. The 8e||er(S) shall pay the real estate
commissions, if any are due. Full trenafer, surrender and possession of the development rights
described above shall p000 to the COUNTY as of the date payment is made to the Seller(s)
subject only tothe reservations stated in Section 2 above.
2
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,
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:
c/o Van Fischer, Esquire
Suite 205, Mail Box 7
626 Josephine Parker Drive 0
W
Key West, FL 33040-7487 IL
W
W
and shall be effective upon date of emailing or mailing and shall be binding upon all of the U-
Z
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 W
COUNTY has signed this Agreement.
11, If the Seller(s) wishes to proceed with this transaction, the Seller(s) have until May 30, 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 �e
closing of this transaction is contingent upon approval by the Monroe County Board of County r-
Commissioners, failing which the COUNTY and the Seller(s) shall release one another of all U)
further obligations under this Agreement. .5
IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective (n
seals on the day first above written and therefore the Seller(s) for and in consideration of the Ten JA
Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the COUNTY Z
0
or its authorized representative, or any other office or agent of the COUNTY authorized to purchase a
said Less Than Fee Interest in land, the option and right to enter into this Agreement for Purchase
N
within ninety (90) days from the execution thereof by the Seller(s), and to purchase the Less Than
0
Fee Interest as herein provided, providing said Purchase is duly approved by the Monroe County Z�
Board of County Commissioners.
Seller/ Dwayne A. Klarenbeek
0
U
Iq -366-
Signatur4 Date Phone Number Email Address
Buyer/ COUNTY: MONROE COUNTY, FLORIDA
E
KEVIN MADOK, CPA, Clerk
By:
Deputy Clerk Sylvia J. Murphy, Mayor
(Seal)
Date:
3
Packet Pg. 1943
Exhibit "A"
Lot 25 of DOBIE'S SUBDIVISION, according to the Amended Plat thereof, recorded in Plat Book 2,
Page 135, Public Records of Monroe County, Florida, together with all of the right, title and interest
of the Grantor to and to all that land lying between the southerly extensions of the west line and the
east line of Lot 25 of DOBIE'S SUBDIVISION, according to the said Amended Plat, and extended to
the shore line of the Straits of Florida, Subject to the right of the owners of Lots 20 through 25,
inclusive, of said Lot 25 Dobit's Subdivision to use the property hereby conveyed for the purpose of
ingress and egress to Henry Street and the Waterway.
0
W
Together with a tract of bay bottom land in the Straits of Florida lying Southerly of and abutting a.
W
Government Lot 1, Section 34, Township 6,6 south, Range 28 East, Monroe County, Florida, more W
U-
particularly described as: Begin at the southwest corner of Lot 25 of the Amended Plat of Dobie's z
Subdivision, on Summerland Key, as recorded in Plat Book 2, page 135, Public Records of Monroe Z:
County, Florida; thence run South 300.00 feet; thence South 86 degrees 21 minutes 38.6 seconds Fast
62.5 feet; thence North 300.00 feet back to the shoreline; thence North 86 degrees 21 minutes 38.6 W
seconds West 62.5 feet to the Point of Beginning.
T
Z
2D
.0
0
N
0
zz�
cu
0
U
E
Packet Pg. 1944
Exhibit "B"
Lot 26 of DOBIE'S SUBDIVISION, according to the Amended Plat thereof,recorded in Plat Book 2,
Page 135, Public Records of Monroe County, Florida,together with all of the right, title and interest
of the Grantor to and to all that land lying between the southerly extensions of the west line and the
east line of Lot 26 of DOBIE'S SUBDIVISION, according to the said Amended Plat, and extended to
the shore line of the Straits of Florida, Subject to the right of the owners of Lots 20 through 25,
inclusive, of said Lot 26 Dobie's Subdivision to use the property hereby conveyed for the purpose of
ingress and egress to Henry Street and the Waterway.
0
W
Together with a tract of bay bottom land in the Straits of Florida, lying southerly of and abutting (L
W
Government Lot 1, Section 34, Township 66 South, Range 28 East, Monroe county, Florida, more W
U-
particularly described as follows: z
Begin at the Southwest corner of Lot 26 of Amended Plat of Doble's Subdivision, according to the
map or plat thereof, recorded in Plat Book 2, page 135, Public Records of Monroe County, Florida;
thence run south 300.00 feet; thence south 86 degrees 21 minutes 38.6 seconds East 62.5 feet; thence W
North 300.00 feet back to the Shoreline; and thence North 86 degrees 21 minutes .38.6 seconds West
62.5 feet to the Place of Beginning.
D
Z
2D
.0
0
N
0
zz�
0
U
E
Packet Pg. 1945
gPublic.net-Monroe County, FL Page 1 of 2
N.5.b
„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 D 00188870-000000 1 L �J�� /� //%/„%//////////////%�/i/iiai /�/iiii%/N
Accoount 1250881 ��� i/� � /nr III �,
Property ID 1250881 � � ti ovi� �i )��'..
Millage Group 120C W
Location 23911 HENRY St,SUMMERLAND KEY
Address
Legal LT 26 DOBIES SUBAMENDED PLAT P132-135 SUMMERLAND KEYANDADJ PORTION OF MARY
Description ST G65-315 OR239-486-487 BBC RES-97-1961 OR1032-26/27 OR1234-1851/54OR1234-
1855/58 OR1279-2478/80/AFF OR1279-2481D/C OR1329-1319/21 OR2293-166/67 OR2514-
1726/27C/T OR2523-786/87 OR2868-744/45
tl
(I`do[, Idol Lo Ih, a,?d on d0LUffl1?11 Cw)
Neighborhood 773
Property Class VACANT RES(0000) ((i� �lfLyi�iy�;P �, d))�IiY e W
Subdivision DOBIES SUBD AMD
Sec/Twp/Rng 26/66/28
t p
Affordable No
Housing 04, ..........1NSS
G8
Owner
€L A14'.P NI:?,I:::I:::K I::)WAYN I:::A
3905 S Mesqu ite Ave
Sioux Falls SD 57110
0
Valuation
a�
2018 2017 2016 2015
+ Market Improvement Value $0 $0 $0 $0
+ Market Misc Value $1,167 $1,167 $778 $649
+ Market Land Value $173,295 $170,784 $177,215 $177,215 U)
= Just Market Value $174,462 $171,951 $177,993 $177,864
= Total Assessed Value $174,462 $171,951 $177,993 $170,230
- School Exempt Value $0 $0 $0 $0
= School Taxable Value $174,462 $171,951 $177,993 $177,864
Cd
Land
0
Land Use Number of Units Unit Type Frontage Depth zzz
PERMITTED SFR CANAL(01CP) 7,188.00 Square Foot 0 0
EASEMENT(000E) 1.00 Lot 0 0
Yard Items
Description Year Built Roll Year Quantity Units Grade
WOOD DOCKS 1975 1976 1 189 SF 1
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
5/25/2017 $1,245,000 Warranty Deed 2134457 2868 744 05-Qualified Improved
6/15/2011 $93,000 Warranty Deed 2523 786 05-Qualified Vacant
4/26/2011 $100 Certificate of Title 2514 1726 12-Unqualified Vacant
4/5/2007 $450,000 Warranty Deed 2293 166 Q-Qualified Improved
10/1/1987 $45,000 Warranty Deed 1032 26 Q-Qualified Improved
Permits
Number 0 Date Issued 0 Date Completed 0 Amount 0 Permit Type 0 Notes 0
07104179 10/23/2007 1/10/2008 $6,500 Demo SFR
Photos
Packet Pg. 1946
https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTy... 3/18/2019
gPublic.net-Monroe County, FL Page 2 of 2
N.5.b
i
u u o iiip� v
l� 1,
ra
0
Map IL
l
� w Z
rim i W
/ �t . 1 �
GCP
4)
f _ 9q c7
�PAum >_
No data available for the following modules:Buildings,Commercial Buildings,Mobile Home Buildings,Exemptions,Sketches(click to enlarge).
The^Monroe C.ournty Prolpefty Appr a e.r..office iri eurtahi.daCa on 1prolpefty wi'thnn[he(:ourn[y.oke ly'For Che purpo..e of lulNIhnC.,;i[ e. lronuJNe Ry'to Developed by �
e<.uree a ju t valuation her ad valore.in tax 1purlpo e. of all 1prop erty witlnn flied(:ounty.I he Monroe County Prol.reerty A rim u..e+r'..office c;.innot i u�r��nte:+e:+ U)
ura<.�y for any o he r lrurlro..e: ike wi e^,d i[ provided i e�„ardni;one Caxye:ar inay not N a,ipp ca,ihle;�in prior or�.uh..e^que:rnt year.: By reeque.;.hnC,,,,, ��Ik A� �
,.u<h data,you hereby undo r..[and ind apse e,^tia[Che GE Os D
1 a.[Data Upload:3/9.W201I9'I:'iS61'�S q,IV Ve i,ion 2.2.6 �
Cd
0
IL
19
Packet Pg. 1947
https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTy... 3/18/2019
N.5.c
Prepared by/Return to:
Adele V. Stones,Esq.
Oropeza Stones Cardena
221 Simonton Street
Key West,FL 33040
IL
---------------,------------,-- Space Above This Line For Recording-----------------
JOINDER OF MORTGAGEE
First Horizon Bank, a Tennessee banking corporation, successor by conversion to First Tennessee Bank National
association, a national banking association, successor by merger to Capital Bank Corporation("Mortgagee"),whose (n
address is 165 Madison Avenue,Memphis, Tennessee 38103, having a record interest, more particularly described
as being the owner and holder of a mortgage dated June 2, 2017 in the original principal amount of$996,000.00,
given by Dwayne A. Klarenbeek("Mortgagor(s)"),to Capital Bank Corporation, encumbering the real property
described in that mortgage, whicli is recorded in Official Records Book 2868, at Page 750, and having Document
Number 2134460, (said mortgage is hereinafter referred to as the"Mortgage"), in the lands described in the
Covenant of Unity of Title between Dwayne A. Klarenbeek, Grantor(s), and Grantee, Monroe County, Florida,
hereby joins in, consents to, ratifies and joins in the filing of the Unity of Title for the purpose of subjecting its _
mortgage interest to the provisions of the foregoing Covenant of Unity of Title, executed or to be executed in favor T
of Monroe County,Florida,with the intent that the Mortgage shall be subject to the Unity of Title, executed at Key
West, Florida, on the date indicated below.
IN WITNESS WHEREOF,Mortgagee grants this Joinder and executed this instrument on the date set forth below.
tJ F-6A-7- Eg5vA/
Wi n o. nn ante o gagee nn ame cv
ne o. rgna ur Ao gagee �ignaure
Wi ness nix Name) u o wd OfficialCapacity 7-lrec or, Officer,Trustee, or other)
PL _ �
�_......_...._ 0
Wi ness o. rgna ure Date nnt)
4-
0
STATE OF Tennessee COUNTY OF Shelby,
0
19
The foregoing instrument,Joinder of Mortgage,was acknowledged before me this 20'day of December,2019,by Paula 0
Featherston,who is personally known to me and did take an oath.. 0
Notary Public(Print Name and Notary No.)
[NOTARY
SEAL] J ®���
�Sw®® W 9� *taSig4na!tiLui-rre
STATE OF
i TENNEPSSE wp
N TA
PUBLIC
Packet Pg. 1948