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Item N06 N.6 G 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.6 Agenda Item Summary #5658 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 5, Lot 18, Summerland Estates Re-Subdivision No. 2 (PB 4-2) with parcel number 00200220- 000000 and a purchase price of$19,841 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 46th Street on the ocean side of Summerland Key near mile marker 25. The property is designated Tier 1 — Natural Area and is zoned Improved Subdivision. The property is a mowed lot with no accessory structures. The Seller's house encroaches on the property by approximately six feet. 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 $19,841. Since there is no separate market land value listed for Lot 18, the $19,841 purchase price is based on the $19,841 current market land value indicated on the Monroe County Property Appraiser's website for a comparable lot in the same subdivision (Block 5, Lot 14). 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 intended to reduce density and to reduce the County's potential exposure to property rights' related lawsuits through voluntary purchases. Packet Pg. 1949 N.6 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: MerkeyContract MerkeyMCPAData MerkeyCompBlock5 Lot 14 Merkey - Joinder 17 20 FINANCIAL IMPACT: Effective Date: June 19, 2019 Expiration Date: None Total Dollar Value of Contract: $19,841.00 plus estimated closing costs of$1,250.00 Total Cost to County: $21,091.00 Current Year Portion: $21,091.00 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: $19,841.00 plus closing costs estimated to be approximately $1,250.00 None 06/19/19 NEW COST CENTER ADDED $21,091.00 REVIEWED BY: Charles Pattison Completed 06/03/2019 3:04 PM Paunece Scull Completed 06/03/2019 3:11 PM Budget and Finance Completed 06/03/2019 3:26 PM Maria Slavik Completed 06/04/2019 7:52 AM Kathy Peters Completed 06/04/2019 9:26 AM Board of County Commissioners Completed 06/19/2019 9:00 AM Board of County Commissioners Pending 01/22/2020 9:00 AM Packet Pg. 1950 AGREEMENT FOR THE PURCHASE DF LESS THAN FEE INTEREST |NLANDS THIS AGREEMENT is made and entered into this day of 2019. by and between Glenn M. Markey IL (hereinafter "8e||er(S)^), for themselves, their heirs, executore, administrators, ouco�esor� and �� assigns, and K80NFl[)E CDUNTY, FLORIDA (hereinafter "COUNTY"\. U_ VV|TNESGETH� �c � � 1. The Seller(s) represent they are the owners of the following parcel (hereinafter "Primary Parcel") W th8reunto be|onging. OvvnBd by th8m, situate and lying in the County Of K8nnrVe. State of Florida, -^ that is currently developed with 8 residential dwelling unit and is more particularly described as follows; to-wit: Block 5, Lot19. 8ummmmmr|and Estates Re-Subdivision No. 3 /PB4-2\ n� RE #OU2O022O'OO000O 6 z The Seller(s) represent they are also the owners of the following parcel (hereinafter "Secondary Pa[c8|^) thereunto be|OOging. owned by [henn, 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 0r any other habitable space and iS more particularly described ee follows; tO-vvit Block 5, Lot18, Sunmmmer|and Estates Re-Subdivision No. 2 /PB4-2\ RE #OO2OO22O-OOOOOO 2. In consideration Of Ten [)V||arg ($10.00) in hand, paid by the COUNTY, the receipt of which is mu hereby 8CkOOxv|edged. the Seller(s) agree to sell to the COUNTY certain property rights associated with the Secondary Parcel owned by Ge||8r, upon the terms and conditions hereinafter set forth, and for the price of $19.841'00. TheGe||er(e) covenant tosurrender, re|enae, relinquish and transfer any and all of the Ge||er(S)'s property rights to develop: a\ residential dwelling unite; and C6 b\ accessory structures providing detached habitable space _J (hereinafter collectively "Less Than Fee Interest") on the Secondary Parcel. L6 3. The BeUer/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 `~ eerviant estate of the Secondary Parcel with the Primary Pgrce|, subject to the fO||Ovving conditions and obligations: The COUNTY, at the C(]UNTY'S expense, shall have atido report COnonnioaioned 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 option during the time permitted � for examination of title, have the Secondary P@rC8| surveyed and certified by @ registered Florida surveyor. If the survey or (] & E report disclose encroachments on the Secondary Parcel or the existence of improvements located thereon, or any other nestrictionS, contract covenants, liens, transfers 0f development rights, or applicable governmental regu|8tione, deemed not acceptable to the COUNTY, the same shall constitute a title defect. +^ 1 Packet Pg. 1951 The COUNTY shall have sixty (60) days from the effective date of this Agreement inwhich to examine the O & E of Seller's title. If title is found defective, as determined in the sole discretion of COUNTY, the COUNTY ohmU, within this specified time period, notify Seller(s) in writing specifying defe[t(S). If the defect(e) 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 aJ. 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 m[ W accepting the title aSit then iSOr rescinding the Agreement herein. mu U_ 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 oc Agreement is pending. In the event any such dinninution, encumbrance or other impairment occurs, the COUNTY may, without |iabi|ity, refuse to accept conveyance of said Less Than Fee W � Interest. 5. The Seller(s) further agree that during the period covered by this instrument officers and accredited agents of the COUNTY eho|| 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 6 z construed to constitute an acceptance of any existing or future code or building violation on the Primary Parcel Or the Secondary p@rC8|. This provision ehe|| survive closing. The Seller(s) hereby waive their rights to any and all C|8imS against the COUNTY or the State of Florida associated vvith, or arising from ownership of. the Secondary P@ro8| and this waiver shall survive closing. G. The Seller(s) will execute and deliver upon demand of the proper OffiCi@|S and agents of the COUNTY the h}UVxxng documents conveying to the COUNTY all of Seller's Leas Than Fee Interest in a manner satisfactory to the legal counsel of the COUNTY: W @) Covenant of Unity of Title and Restrictions on Future Development and/or Conveyances (hereinafter"Covenant nf Unity of Title doounnent'') b\ Joinder of Mortgagee (if applicable) C\ Joinder Of Non-Mortgagee Encumbrance Holder (if applicable) d\ Grantor's Affidavit ofNo Encumbrance (if neither borc above applies) e> Affidavit Of Trustee (if land owned byaTrust) C6 D Application to Monroe County Property Appraiser bJ Consolidate Real Estate Parcels 7. In consideration whereof the COUNTY agrees that it will purchase all of said Less Than Fee L6 Interest at the price Of $19.841.00. The COUNTY further agrees that after the preparation, eweuution, and delivery of the documents enumerated above, and after the |Bge| counsel of the ~� COUNTY shall have approved the documentation releasing the Laea 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, |8SS any COStS of closing payable by Seller, as set forth below. The COUNTY shall pay the fnUOvvinQ expenses associated with the conveyance of the L8SS Than Fee Interest: recording fees for the documents listed in Section O. settlement fees, [) & E report feeS, title examination fees, and the Buyer's attorney'ehaea. The Seller(s) Sh8U pay the nao| estate � connnoieeions, if any are due. Full transfer, surrender and pQSSe8SiOn of the development rights described above eheU pass to the COUNTY as of the date payment is made to the Seller(s) subject only to the reservations stated in Section 8b0wa. O. It shall be the obligation of the Seller(s) to pay any assessments outstanding as liens due tothe +^ County at the date the Less Than Foe Interest vests of record in the COUNTY. 2 S. 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) Et the following address: 318 46thSineat Summmneriand Key' FL 33042 0 IL W and shall be effective upon date Of ennai|ing or mailing and shall be binding upon all of the mu Seller(s) without sending a separate notice to each, except as such obligation may be affected by U- the provisions of Section G herein. 10 The effective date of this Agreement ehu|| be that date when the last one of the Seller(s) and the COUNTY has signed this Agreement. W � 11, If the Seller(s) wishes to proceed with this transaction, the Seller(s) have until May 30, 2013 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 ConnnniSSiOnerS, failing which the COUNTY and the Seller(s) shall release one another Of all 6 further obligations under this Agreenn�nt� — |N WITNESS WHEREOF, the Ge||er(a) have hereunto signed their names and affixed their respective seals on the day first above written and therefore the Seller(s) for and in consideration of the Ten Dollars ($10.00) herminebowe acknowledge as neceived, have and do hereby grant unto the COUNTY Or its authorized repreaentativo, or any other office or agent of the COUNTY authorized to purchase � � said Lees Than Fee Interest in |8nd, the option and right to enter into this Agreement for Purchase within ninety (SO) days from the execution thereof bythe Se||er(S), and to purchase the Less Than Fee Interest as herein prVvided, providing said Purchase is duly approved by the Monroe County Board of County Commissioners. mu 'Zienn M. Merkey 4244 �AL ,, '- c ' / Signature Phone Number Email Address C6 0 -j L6 Buyer/ C{}UNTY: K8[}NRC}E C(}UNTY, FLORIDA KEV|N MAOOK, CPA. Clerk By: Deputy Clerk Sylvia J. Murphy, Mayor (Seal) Date: gPublic.net-Monroe County, FL Pagel of 3 N.6.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. LL Summary Parcel ID 00200220-000000 Account# 1263532 - J- � Property ID 1263532 Q GI'k' Millage Group 120C Location 31846TH St,SUMMERLAND KEY Address Legal SUMMERLAND EST RE-SUB#2 P134-2 SUMMERLAND KEY LOTS 18&19 BILK 5 OR530-202 RE Description 20021 COMBINED FOR 1982 PER OWNER REQUEST SF 10-25-82OR903-582OR1001-1144(VE) >% OR1507-2408(1B) ���' ,,�' ��" Y i� � 'y 14a 4) (I`du C� I`doR Ru h� u red on I�Nal docrua.7�n Cs,) /r (J I su. � � Neighborhood 739 Property Class SINGLE FAMILY RESID(0100) Subdivision SUMMERLAND ESTATES RESUBD#2 �i�YJ���lrJ��iieJvyi See/Twp/Rng 36/66/28 �,?ilY�yli i '%) ���%i� I"Jell C'N Affordable No �'� ��i ii/J,, 6 Housing t rN11411 , z r e J (1nP 0 Owner MP I4'.I€PY(;L..I:::NN M 318 46th St Summerland Key FL 33042 (/) Valuation 2018 2017 2016 2015 U) + Market Improvement Value $125,606 $125,606 $108,290 $112,971 4) + Market Misc Value $4,320 $4,320 $4,319 $3,755 + Market Land Value $180,180 $202,703 $142,328 $98,852 = Just Market Value $310,106 $332,629 $254,937 $215,578 = Total Assessed Value $90,237 $88,381 $86,564 $85,962 - School Exempt Value ($25,000) ($25,000) ($25,000) ($25,000) = School Taxable Value $65,237 $63,381 $61,564 $60,962 E Land Land Use Number of Units Unit Type Frontage Depth RESIDENTIAL DRY(010D) 11,000.00 Square Foot 100 110 0 Buildings BuildinglD 12989 Exterior Walls C.B.S. L Style GROUND LEVEL Year Built 1958 Building Type S.F.R.-R1/R1 EffectiveYearBuilt 1978 Gross Sq Ft 1377 Foundation CONCRETE SLAB Finished Sq Ft 1237 Roof Type FLATORSHED Stories 2Floor Roof Coverage MIN/PAINTCONC Condition AVERAGE Flooring Type CONCABOVEGRD 4� Perimeter 196 Heating Type NONEwith O%NONE 4� Functional Ohs 0 Bedrooms 2 Economic Ohs 0 Full Bathrooms 1 Depreciation% 40 Half Bathrooms 0 Interior Walls DRYWALL Grade 500 (� Number of Fire PI 0 Code Description Sketch Area Fin ishedArea Perimeter FLA FLOOR LIV AREA 1,237 1,237 0 4) SBF UTIL FIN BILK 140 0 0 TOTAL 1,377 1,237 0 Yard Items Description Year Built Roll Year Quantity Units Grade CONC PATIO 1980 2006 1 285 SF 2 CH LINK FENCE 1980 2006 1 400SF 2 CH LINK FENCE 1990 2006 1 440SF 2 CONC PATIO 1980 2006 1 572SF 2 Packet Pg. 1954 https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTy... 5/28/2019 gPublic.net-Monroe County, FL Page 2 of 3 N.6.b Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved 4/1/1998 $113,000 Warranty Deed 1507 2408 U-Unqualified Improved 1/1/1987 $60,000 Warranty Deed 1001 1144 Q-Qualified Improved 1/1/1984 $40,000 Warranty Deed 903 582 Q-Qualified Improved View Tax Info Sketches(click to enlarge) IL 1a f!5 s SBF 10 10 110 ) 0 7 r- 0 (133) 19 29 a� U) 4) 23 FLA 23 (1104) E 48 0 LCb 0 Photos 6-3 .w L� IL u 1�✓ 1 �2a �r �'1 � � 1 , Packet Pg. 1955 https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTy... 5/28/2019 gPublic.net-Monroe County, FL Page 3 of 3 N.6.b Map r 0 t 1, � o ��uliillllllllil'jl � �i r ... TRIM Notice Cd 2018IPOfte S f hi ily 0 No data available for the following modules:Commercial Buildings,Mobile Home Buildings,Exemptions,Permits. 0 I he Monroe(.oun'ty Prol.re ty l:mol.re ty wi'than[he(C ounr y.:oke ly'tor the purpo..e o�kdN1hni�.,,, re.,jponuJhiky to Developed by e<.ure+a ju t v eluation for rid val)re.in Lax purpo e. of all property withhn flier(:ounty.The Monroe(C ounty Property Appr u..em's office c<.innot ��__ > i[ �<r��a<.�y for piny cxtlr r lrurlro..e:l ike wi ee,d i[ provided e^�,ardni,;one taxyrear may no, hr �,ipphca,Jrlr;�in prior or�.uh..e^quren't yr sir.; By reeque.;.hnC,,,,, � t�^ �! � ..uc h d�ita,you hereby undr r..[and ind�.igre e ti��[the S E D � I a.[Data(.irr1nad S/2W20'1I<t S:32 S2 q,lv ve i,ion 2.2.29.. (� U) U) C 0 L 0 Packet Pg. 1956 https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTy... 5/28/2019 gPublic.net-Monroe County, FL Page 1 of 2 N.6.c „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. LL By continuing into this site you assert that you have read and agree to the above statement. Summary Parcel I 00200170-000000 (/) Account# 1263486 f� Property I 1263486 Millage Group 120C Location Address VACANT LAN 46TH St,SUMMERLAND KEY 31 Legal Description BK 5 LT 14SUMMERLAND EST RE-SUB#2 SUMMERLAND KEY PB4-2OR542-648 OR931-1392 4) (I`duL,s I`4o[Lu Ih, a,,?d on dOCUN4n 1',) -19 Neighborhood 739 Property Class VACANT RES(0000) Subdivision SUMMERLAND ESTATES RESUBD#2 Sec/Twp/Rng 36/66/28 Cd Affordable Housing No Owner r_ NOVACIa €ROBI:kr a 339 Gorge View Dr °gay Blowing Rock NC 28605 Valuation 2018 2017 2016 2015 + Market Improvement Value $0 $0 $0 $0 + Market Misc Value $0 $0 $0 $0 + Market Land Value $19,841 $19,841 $20,517 $18,963 U) = Just Market Value $19,841 $19,841 $20,517 $18,963 4) = Total Assessed Value $9,248 $8,407 $7,643 $6,949 - School Exempt Value $0 $0 $0 $0 U) = School Taxable Value $19,841 $19,841 $20,517 $18,963 Land Land Use Number of Units Unit Type Frontage Depth RESIDENTIAL DRY UNPERMITTED(01DM) 5,500.00 Square Foot 50 110 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved 1/1/1985 $1 Warranty Deed 931 1392 M-Unqualified Vacant 0 View Tax Info eft 0 Map 6-3 fyy 6� LO I 0 U" �CL i r E i 0 Packet Pg. 1957 https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTy... 5/28/2019 qPublic.net -Monroe County, FL Page 2 of 2 TRIM Notice ................................................ EED 9 2018 NoI:IceSC)nly 0 No data available for the following modules:Buildings,Commercial Buildings,Mobile Home Buildings,Yard Items,Exemptions,Permits,Sketches(click to enlarge),Photos. W IL The Monroe(�ounl:y Propefty propefty wil:hd n:Ihe(�ounl:y.:ok�ly'or:he purpo..eol�'u IN I I 1:.. I 1:y:o Developed by W ..ecure a ju..I:v elualion for:id va&)rein Lax purpo..e..of�.dl propefty wil:hhn:he(�ounl:y.The Monroe(�ounl:y Propefty Appr�.d..er'..office c�.innot W 1:.. 'or any other purpo..e.Jkewi�.e,d�.il:a provided reg,�.irdhnC,,,one:�.ix year iyi�.iy nol:h�?�,ipphc�,ihle In prior or.uh..equenl:ye�.ir...By reque��I:inc.', U- -i d�,il:a,you hereby under..I:and�.ind�.igree 1:1-le Schr ucl z I a,I:Data UpInad: V2W201 9 4:32:'W AM ven ion 2.2.21 GEOS W C14 6 z r- 0 U) 4) U) W E E C6 0 -j L6 0 M 0 -j LO 0 E 0 Packet Pg. 1958 https:Hqpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerfD=9946&PageTy... 5/28/2019 N.6.d Prepared by/Return to; i Adele V.Stones,Esq. Oropeza Stones Cardenas 221 Simonton.Street Key West,FL 33040 -------------`--------------- Space Above This Line For Recording---------------------------- zj ER F M R A C. EE Quicken Loans Inc.,whose address is 1050 Woodward Avenue,City of Detroit, State of Michigan,having a record 31 interest,more particularly described as being.the owner and holder of a mortgage dated April 29,2016 in the 0 original principal amount of$139,000.00,given by Glenn M.Merkey("Mortgagor(s)"),to Quicken Loans Inc. 0 ("Mortgagee(s)"),encumbering the real property described in that mortgage,which is recorded in Official Records E Book 2796,at Page 1173,and having Document Number 275391, (said mortgage is hereinafter referred to as the `14 "Mortgage"), in the lands described in the Covenant of Unity of Title between Glenn M.Merkey, o Grantor(s)/Mortgagee(s),and Grantee,Monroe County,Florida,hereby joins in,consents to,ratifies and joins in i the filing of the Unity of Title for the purpose of subjecting its mortgage interest to the provisions of the foregoing U Covenant of Unity of Title,executed or to be executed in favor 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. " Witness o1 (Print Name):� Mortgagee(Print Name) A AZ Witness � o..I(Signature) Mortgagee(Signature) Witn es Nod '(Print Name) Authorized Official Capacity(Dir ctor.,Officer,Trustee;or other) � 1 � oc witness .2 si ..w ( gnature) Date(Print) LO ca STATE OF_& _ o COUNTY OF cv The foregoing instrument,.Joinder of Mo.t age,waif acknowledged before me this b 4k day UJI,by �w t . d n-- who is personally known to me ...... my as proof of identification and did take an oath. S Notary Pu' k Prot Name an otr it L o..--'®. art'No., k � [NOTARY SEAL] Notary "gnature--_" CYNTHIA CIEOROWSKI � l E Notary Public Michigan ca Wayne County MY Commission Expires ar 3,2021 Acting in the County of ( Packet Pg. 1959