Item P10 P.10
J �� BOARD OF COUNTY COMMISSIONERS
County of Monroe ire �f �r�l � � Mayor Heather Carruthers,District 3
The Florida.Keys � � m�� ���r a�i�]�1 Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
April 15, 2020
Agenda Item Number: P.10
Agenda Item Summary #6669
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
9, Lots 4 and 5, Palm Villa(PB 1-89) with parcel number 00279000-000000 and a purchase price of
$37,500 for density reduction purposes.
ITEM BACKGROUND: This acquisition is proposed pursuant to BOCC Resolution 63-2020 (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 two adjoining lots totaling 12,500 square feet on Oleander
Boulevard on the bay side of Big Pine Key near mile marker 30. The property is designated Tier 1 —
Natural Area and zoned Improved Subdivision. Lot 4 is a mowed lot with no structures and is being
used for parking. Lot 5 is a partly mowed, partly pea rock lot that is being used for parking and also
has the following structures on it: a laundry/storage room addition, an outdoor shower, and a storage
closet.
The Planning and Environmental Resources Department has confirmed that each lot 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 $37,500. Since there is no separate market land value listed for
Lots 4 and 5 on the Monroe County Property Appraiser's website, the purchase price is based on the
$18,750 current market land value listed for a comparable lot in the same block (Block 9, 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 lots and may use them in
conjuction with his existing house on his adjoining parcel but will be precluded from developing the
lots 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
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lawsuits through voluntary purchases.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
STAMPED EXECUTED WintermyerContract
WintermyerJoinder
WintermyerMCPAData
WintermyerMCPADataComp
WintermyerAerial 3 10 20
FINANCIAL IMPACT:
Effective Date: March 18, 2020
Expiration Date: None
Total Dollar Value of Contract: $37,500.00 plus estimated closing costs of$1,250.00
Total Cost to County: $38,750.00
Current Year Portion: $38,750.00
Budgeted: Yes
Source of Funds: 316 Land Acquisition Fund.
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: $37,500.00 plus closing costs estimated to be approximately $1,250.00
None
03/18/20 NEW COST CENTER ADDED $38,750.00
REVIEWED BY:
Charles Pattison Completed 03/02/2020 12:15 PM
Paunece Scull Completed 03/02/2020 1:34 PM
Budget and Finance Completed 03/02/2020 2:48 PM
Maria Slavik Completed 03/02/2020 3:23 PM
Kathy Peters Completed 03/02/2020 4:03 PM
Board of County Commissioners Completed 03/18/2020 9:00 AM
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AGREEMENT FOR THE PURCHASE OF LESS THAN FEE INTEREST IN LANDS
THIS AGREEMENT is made and entered into this I UVday of ��G � , 2019, by
and between
Adam Wintermyer
(hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and
assigns, and MONROE COUNTY, FLORIDA (hereinafter"COUNTY").
WITNESSETH: S
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,
that is currently developed with a residential dwelling unit and is more particularly described as
follows; to-wit:
M
Block 9, Lot 6, Palm Villa (PB 1-89) CL
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RE#00279000-000000
The Seller(s) represent they are also the owners of the following parcel (hereinafter "Secondary
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 9, Lots 4 and 5, Palm Villa (PB 1-89)
RE#00279000-000000
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 $37,500.00. 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. E
3. The Seller(s) agree that they have full right, power and authority to convey, and that they will E
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:
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 (O & 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
surveyor. If the survey or O & E report disclose encroachments on the Secondary Parcel or the
existence of improvements located thereon, or any other restrictions, contract covenants, liens,
transfers of development rights, or applicable governmental regulations, deemed not acceptable to
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 which to Lu
examine the O & 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
specifying defect(s). 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, Lu
including the bringing of necessary suits, failing which the COUNTY shall have the option of either
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.
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
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)
hereby waive their rights to any and all claims against the COUNTY or the State of Florida
associated with, or arising from ownership of, the Secondary Parcel and this waiver shall survive
closing.
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 M
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
7. In consideration whereof the COUNTY agrees that it will purchase all of said Less Than Fee E
Interest at the price of $37,500.00. 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
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.
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 6, settlement fees, O & E report
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 to the Seller(s)
subject only to the reservations stated in Section 2 above.
8. It shall be the obligation of the Seller(s) to pay any assessments outstanding as liens due to the E
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
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:
30434 Oleander Boulevard
Big Pine Key, FL 33043
and shall be effective upon date of emaiiing 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.
11. If the Seller(s) wishes to proceed with this transaction, the Seller(s) have until December 9, 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 CL
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.
N
IN WITNESS WHEREOF, the Seller(s) 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) 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
Fee Interest as herein provided, providing said Purchase is duly approved by the Monroe County
Board of County Commissioners. 2
Seller/Adam Wintermyer
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Signature Date Phone Number Email Address
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Buyer/COUNTY: MONROE COUNTY, FLORIDA
KEVIN MADOK, CPA, Clerk
:
Deputy Clerk Heather Carruthers, Mayor
(Seal) CL
Date:
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Prepared by[Return to:
Adele V,Stones,Esq.
Oropeza Stones Cardenas
221 Simonton Street
Key West 33040
----------------------------- Space Above ThisLine For Recording-------------------------
CL
JOINDER OF MORTGAGEE W
u-
kynn G.Wintennyer,whose address is 1068 Gordon Drive,City of Big Pine Key, State of Florida,ha
record interest,more particularly described as being the owner and holder of a mortgage dated February 1,2016 in
the original principal amount of 157,500.00,given by Adarn Wintermyer(" ortgagor(s)"),to Lyhn G.
' to yer C' ortgagee(s)") encumbering the real property described in that mortgage,which is recorded in
Off-icial records Boole 2750,at]Page 1702,and having Document Number 2062648, (said mortgage is hereinafter
referred to as the"Mortgage"),in the lands described in the Covenant of Unity of Title between Adam
Wintermyer, tor(s)/ ortgagee(s),and Grantee,Monroe County,Florida,hereby joins in,consents to,ratifies
d 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 of Monroe oe Count ,Florida,with the
y
tent that the Mortgage shall be subject to the Unity of Title,executed at Ivey West,Florida,on the date indicated
below.
IN SS WHEREOF,Mortgagee grants this Joinder and executed this instrument on the date set forth low
W Hess No. 1(Print Name) M'oi aagee(Print Name) ni
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The foregoing instrument was(acknowledged/sworn to and subscribed)before me by means of[4 physical
presence or online notarization,this y of_ Jan u 0,0 0 2020 by
...v who LA is/are per Wallyo orave produced a driver®s license as
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FLORIDA JUAT
FS 117.05(13)— Effective January 1, 2020
State of Florida
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County of� .
Sworn to(or affirmed)and subscribed before me by
means of
Physical Presence,
—OR—
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this 9-1 day of ZT0 V1 ,by
Day Month Year
N N f Perso S, ring or Affirming
Signa, re of Nato ublic—State of Florida
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Name of Notary Typed, Printed or Stamped
COLLEEN L.FULLER
MY COMMISSION#GG 311142 59-PersonallyKnown
"a• EXPIRES:June 3 2023
ST,;�•..•�, ilwu ❑Produced Identification
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Type of Identification Produced:
Place Notary Seal Stamp Above
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Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _m �lflDevo T, C�CtC �
Document Date: �`�✓
. Number of Pages: ., a
Signer(s)Other Than Named Above:
Z2019 National Notary Association
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, Pu rl c.n 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
CL
Parcel I 00279000-000000 �' , ' - "
Account# 1351016
Property lD 1351016
Millage Group 100Hn''
Location 30434 OLEANDER Blvd,BIG PINE KEY �' - ,i• '" z
Address
Legal BK 9 LOTS 45 AND 6 PALM VILLA BIG PINE KEY LIDA R CALKINS ETAL ,
Description SUB LT ISEC 23 PB1-89 TWP 66S R 29E OR562-1072 OR960-1593/AFF .m-
OR960-1596 OR1012-538 OR2603-1716/22 OR2643-805/06ORD t `�'—'�'
OR2643-805/06ORD OR2667-1298/300ORD OR2693-1713/14OR2703 U)
LLJ
137/39 OR2707-2050/51 OR2780-1699/701
(I uce:Ivot to e iced en ir��,documents.) _
Neighborhood 581
Property Class SINGLE FAM I LY RESI D(0100)
Subdivision PALM VILLA
Sec/rwp/Rng 23/66/29
Affordable No
Housing - - .......
Owner
WINTERMYERADAM
30434 Oleander Blvd
Big Pine Key FL 33043
Valuation
2019 2018 2017 2016
+ Market Improvement Value $36,400 $37,288 $38,175 $45,080 CL
+ Market MiscValue $456 $456 $456 $456 Lf)
+ Market Land Value $159,031 $139,313 $128,125 $114,688
= Just Market Value $195,887 $177,057 $166,756 $160,224
= Total Assessed Value $173,491 $170,257 $166,756 $160,224
- School Exempt Value ($25,000) ($25,000) ($25,000) $0 (JJ
= School Taxable Value $148,491 $145,257 $141,756 $160,224
Land
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL DRY(010D) 12,500.00 Square Foot 100 125
RESIDENTIAL DRY UNPERMITTED(01DM) 6,250.00 Square Foot 50 125 w
Buildings
Building ID 15183 Exterior Walls WD FRAME
Style 1 STORY ELEV FOUNDATION Year Built 1933 CL
Building Type S.F.R.-R1/R1 EffectiveYearBuilt 1953 (�
Gross Sq Ft 2032 Foundation CONC BLOCK
Finished Sq Ft 684 Roof Type GABLE
Stories 1Floor Roof Coverage MIN/PAINTCONC
Condition AVERAGE Flooring Type PLYWD/PR BD
Perimeter 110 Heating Type NONEwith O%NONE
Functional Ohs 0 Bedrooms 1
Economic Ohs 0 Full Bathrooms 1 ¢'
Depreciation% 60 Half Bathrooms 0
Interior Walls WALL BD/WD WAL Grade 400
Number of Fire PI 0 ¢;
Code Description Sketch Area Finished Area Perimeter
EUF ELEV UNFIN FD 684 0 110
FLA FLOOR LIVAREA 684 684 110
OPU OP PR UNFIN LL 528 0 112
SBU UTIL UNFIN BILK 136 0 51 ¢'
TOTAL 2,032 684 383
Yard Items
Description Year Built Roll Year Quantity Units Grade
UTILITYBLDG 1975 1976 1 120 SF 1
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Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
2/1/2016 $155,000 Warranty Deed 2780 1699 01-Qualified Improved
10/10/2014 $0 Warranty Deed 2707 2050 11-Unqualified Improved
9/5/2014 $0 Warranty Deed 2703 137 11-Unqualified Improved
6/18/2014 $0 Warranty Deed 2693 1713 19-Unqualified Improved
1/12/2012 $0 Other 2603 1716 19-Unqualified Improved
5/1/1987 $43,000 Warranty Deed 1012 538 M-Unqualified Vacant
12/1/1985 $38,000 Warranty Deed 960 1596 M-Unqualified Vacant
View Tax Info
View Taxes for this Parcel
Sketches(click to enlarge) C.
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EUF Yr=1933
(684)
SBIJ Yr=1 D90
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The Monroe County Property Appraisersoffice rnaintainsdataon propertysothin the County solelyforthe purposeoffulfilling its responsibilityto Developed by
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, Pu rl c.n 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.
CL
Summary
Parcel I 00279080-000000 -
Account# 1351083
Property ID 1351083 ,,',` d ,n°P•
Millage Group 100H
Location VACANT LAN PALM Dr,BIG PINE KEY
Address
Legal BK9 LT 14PALMVILLABIG PINE KEY LIDA RCALKINS ETALSUB LT ISEC 23 PB1-89TWP66SR M- -'
Description 29EOR128-67OR824-273/275A/GOR898-2018OR898-2019OR898-2018OR1287-1038/39PR _2
OR1287-1040/51W ILL - �
i
LLJ
(Iwce.lootto e�,edenie�a•documents.)
Neighborhood 581
Property Class VACANT RES(0000) '��
Subdivision PALM VILLA ''^ _ C
Sec/rwp/Rng 23/66/29
Affordable No --
Housing til
Owner
NEVIN MICHAELANTON ®_
30433 Palm Dr
Big Pine Key FL 33043
Valuation
CL
2019 2018 2017 2016
+ Market Improvement Value $0 $0 $0 $0
+ Market Misc Value $178 $178 $192 $222
+ Market Land Value $18,750 $20,313 $21,875 $21,875
= Just Market Value $18,928 $20,491 $22,067 $22,097
= Total Assessed Value $18,928 $20,491 $22,067 $22,097
- School Exempt Value $0 $0 $0 $0
= School Taxable Value $18,928 $20,491 $22,067 $22,097 0
Land
0
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL DRY UNPERMITTED(01DM) 6,250.00 Square Foot 50 125 wr
Yard Items
Description Year Built Roll Year Quantity Units Grade
CH LINK FENCE 2000 2001 1 200SF 1 ¢'
Sales CL
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
12/1/1983 $7,500 Warranty Deed 898 2019 U-Unqualified Vacant �.
View Tax Info
View Taxes for this Parcel
Photos
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secure ajusi valuaaon for ad valoren)iax purposes of all property sothin the County.The Monroe County Property Appraiser's office ca.nnot guarantee
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Date created:3/10/2020 _
Last Data Uploaded:3/10/2020 3:38:03 AM
Developed by Schneider
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