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
�p.° Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
January 22, 2020
Agenda Item Number: N.7
Agenda Item Summary #6476
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 8, Summerland Estates Re-Subdivision No. 2 (PB 4-2) with parcel number 00200110-000000
and a purchase price of$22,517 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 6,475 square foot lot on West Shore Drive on the ocean side of
Summerland Key near mile marker 25. The property is designated Tier 3 — Infill Area and is zoned
Improved Subdivision. The property is a partially wooded,partially mulched lot with no 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 $22,517, 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 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:
N/A
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STAFF RECOMMENDATION: Approval
DOCUMENTATION:
EXECUTED STAMPED DeMariaContract 1 10 20
DeMariaMCPAData
FINANCIAL IMPACT:
Effective Date: January 22, 2020
Expiration Date: None
Total Dollar Value of Contract: $22,517.00 plus estimated closing costs of$1,250.00
Total Cost to County: $23,767.00
Current Year Portion: $23,767.00
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: $22,517.00 plus closing costs estimated to be approximately $1,250.00
None
01/22/20 NEW COST CENTER ADDED $23,767.00
REVIEWED BY:
Charles Pattison Completed 01/07/2020 9:57 AM
Paunece Scull Completed 01/07/2020 12:18 PM
Budget and Finance Completed 01/07/2020 3:17 PM
Maria Slavik Completed 01/07/2020 3:32 PM
Kathy Peters Completed 01/07/2020 4:20 PM
Board of County Commissioners Pending 01/22/2020 9:00 AM
Packet Pg. 1961
AGREEMENT FOR THE PURCHASE OF LESS THAN FEE INTEREST IN LANDS
THIS AGREEMENT is made and entered into this day of 2019, by
and between
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Donald J. De Maria 6
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(hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and .2
assigns, and MONROE COUNTY, FLORIDA(hereinafter"COUNTY"). .Ln
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WITNESSETH-
I. 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,
that is currently developed with a residential dwelling unit and is more particularly described as U)
follows; to-wit: W
Block 5, Lot 7, Summerland Estates Re-Subdivision No. 2 (PB 4-2)
RE#00200100-000000 E
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The Seller(s) represent they are also the owners of the following parcel (hereinafter "Secondary (n
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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 0
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unit or any other habitable space and is more particularly described as follows; to-wit: L6
Block 5, Lot 8, Summerland Estates Re-Subdivision No. 2 (PB 4-2)
RE#00200110-000000
2. In consideration of Ten Dollars ($10.00) in hand, paid by the COUNTY, the receipt of which is
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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 $22,517.00. The Seller(s) covenant to surrender, release, relinquish
and transfer any and all of the Seller(s)'s property rights to develop: cv
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 Parcel, subject to the following conditions
and obligations: W
The COUNTY., at the COUNTY'S expense, shall have a title report commissioned to allow the
COUNTY or its agent to examine all record detail of the ownership and encumbrances (0 & E) (n
affecting title to the Secondary Parcel. The COUNTY may, at its option during the time permitted W
for examination of title, have the Secondary Parcel surveyed and certified by a registered Florida M
surveyor. If the survey or 0 & E report disclose encroachments on the Secondary Parcel or the U
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existence of improvements located thereon, or any other restrictions, contract covenants, liens, X
transfers of development rights, or applicable governmental regulations, deemed not acceptable to W
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 inwhich to
examine the 0 & E Of Seller's title. If title is found defective, as determined in the eo|a discretion
of COUNTY, the COUNTY She||' within this specified time period, notify Seller(s) in writing
specifying defect(e). K 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 de. ' (o)� ��
The Seller(s) will use diligent effort to correct defect(s) in title within the time provided the ^ ^, �
including the bhngin0of necessary suits, faUingwhich the (�(]UNTYgh8U have the option Cf either —
accepting the title aoit then isVr rescinding the Agreement herein.
4. The Se||er(s)further agree not iO do, Or suffer others to do, any act by which the value Vrpropertv
rights 8DSoci8tedvviththe Less Than Fee Interest nnmybe d|[niOished0renoUrnberedvvh||e this
'
Aon»a0eni is pending. In the event any such diminution, encumbrance or other impairment �
occurs, the COUNTY may, xv|thVUt |iabi|ity, 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 mu
accredited agents of the COUNTY shall have at all reasonable hrne8 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 mho|| survive closing. The Seller(s) m»
hereby waive their rights to any and all claims against the COUNTYor 1h� �tmt� �f F}oh` ' ��
associated with, or arising from ownership of, the ��0nU8ry Parcel and this waiver shall SVrVi-- ��
closing. w6
6. The Seller(s) will execute and deliver upon demand of the proper oDida|S and agents of the
COUNTY the following documents conveying to the COUNTY all of Seller's Less Than Fee
Interest in a manner satisfactory tV the legal counsel of the COUNTY:
o) Covenant of Unity of Title and Restrictions on Future Development and/or Conveyances
(hereinafter"Covenant uf Unity of Title dOuurnent")
b) Joinder of Mortgagee (if applicable)
o) Joinder of 0OD-K8odoGgea Encumbrance Holder (if applicable)
d) Grantor's Affidavit ofNn Encumbrance (if neither borc above applies) ^�
e\ Affidavit of Trustee (if land owned byeTrust)
� Application to Monroe County Property Appraiser tV Consolidate Real Estate Parcels
7. In consideration whereof the COUNTY agrees that it will purchase all of said Less Than Fee
Interest at the price of $22°517.00. The COUNTY further agrees that after the prepanahon,
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, me set forth below.
a.
The COUNTY shall pay the following expenses associated with the conveyance mf the Less Than
Fee Interest: recording fees for the documents UG1ad in Section 6` settlement fees, {] & E nap8d (n
fees, title examination fees, and the Buyer's @ttorney'efees. The Se||er(s) shall pay the real estate
commissions, if any are due. FU// 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)
subject only to the reservations stated in Section 2above. X
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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 Lase 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 it tot address provided by the Seller(s) or by mail addressed to the Seller(s)
at the following address:
PO Box 420975
6
Summeriand Key, FL 33042 z
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and shall be effective upon date of emailing or mailing and shall be binding upon all of the U)
Seller(s) without sending a separate notice to each, except as such obligation may be affected by Z
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. U)
11. If the Seller(s)wishes to proceed with this transaction, the Seller(s) have until December 10, 2019 U)
W
to sign and return this Agreement tot 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
Commissioners, failing is the COUNTY and the Seller(s) shall release one another of all E
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further obligations under this Agreement.
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IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective
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seals on the day first above written and therefore the Seller(s) for and in consideration oft Ten -j
Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the COUNTY L6
or its authorized representative, or any other office or agent of the COUNTY authorized to purchase
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said Less Than Fee Interest in land, the option and right to enter into this Agreement for Purchabrd
within ninety (90) days from the execution thereof by the Seller(s), and to purchase the Less Than
Fee Interest as herein provided, providing said Purchase is duly approved by the Monroe County
Board of County Commissioners. .0
Seller/Donald J. DeMaria
141
—10 Z')
S l§hatUre Phone Number Email Address
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Buyer/COUNTY: MONROE COUNTY, FLORIDA T
KEVIN MADOK, CPA, Clerk
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By-
Deputy Clerk Heather Carruthers, Mayor
(Seal) W
Date, M
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NROECjUNTY AMITORNErsi OFFICE
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3 FAUNECE SCULL
ASSISTANT UN A ORNEY
DATE: ---D 1104D-F - I Packet Pg. 1964
gPublic.net-Monroe County, FL Page 1 of 2
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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. IL
By continuing into this site you assert that you have read and agree to the above statement.
LL
Summary
Parcel I 00200110-000000
Account# 1263427
Property I 1263427
Millage Group 120C
Location Address 257W SHORE Dr,SUMMERLAND KEY
Legal Description BK 5 LT 8 SUMMERLAND EST RE-SUB#2 SUMMERLAND KEY P134-2OR453-138/39 OR810-1665 OR818-2386 OR1055-2309(VE)
(I`duL,s I`duL Lu h, a,,d on h porl dOCUN4 n I',)
Neighborhood 739 2
Property Class VACANT RES(0000) �
Subdivision SUMMERLAND ESTATES RESUBD#2
Sec/Twp/Rng 36/66/28
Affordable Housing No
Owner
I::)I:::M<-RIA DON<-U...D 1
PO Box 420975
Summerland Key FL 33042
0
Valuation ggg
2019 2018 2017 2016 Z
+ Market Improvement Value $0 $0 $0 $0
+ Market Misc Value $0 $0 $0 $0
+ Market Land Value $22,517 $22,517 $22,517 $23,211
= Just Market Value $22,517 $22,517 $22,517 $23,211
= Total Assessed Value $11,508 $10,462 $9,511 $8,646 U)
- School Exempt Value $0 $0 $0 $0
= School Taxable Value $22,517 $22,517 $22,517 $23,211
U)
Land
Land Use Number of Units Unit Type Frontage Depth
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RESIDENTIAL DRY UNPERMITTED(01DM) 6,475.00 Square Foot 0 0
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
6/1/1988 $9,500 Warranty Deed 1055 2309 U-Unqualified Vacant
5/1/1980 $8,500 Warranty Deed 810 1665 Q-Qualified Vacant 00
2/1/1970 $2,000 Conversion Code 453 138 Q-Qualified Vacant
View Tax Info
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