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Item P11 P.11 J �� BOARD OF COUNTY COMMISSIONERS County of Monroe ire �f �r�l � � Mayor Heather Carruthers,District 3 The Florida.Keys 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.11 Agenda Item Summary #6680 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 12, Lots 3, 4, 5, and 6, Pirates Cove (PB 3-18)with parcel number 00494490-000000 and a purchase price of$99,999 for density reduction purposes. ITEM BACKGROUND: This acquisition is proposed pursuant to BOCC Resolution 063-2020 (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 four adjoining lots totaling 13,390 square feet on Pirates Drive, Buccaneer Drive, and Frances Drake Drive on the bay side of Key Largo near mile marker 98. The property is designated Tier 3 — Infill Area and zoned Improved Subdivision-Masonry. Lot 3 is a mowed and landscaped lot with no structures. Lot 4 is a pea rock lot with two storage sheds, a fire pit, and a picnic bench. Lots 5 and 6 are tropical hardwood hammock lots with no structures. 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 $99,999. Since there is no separate market land value listed for Lots 3, 4, 5, and 6 on the Monroe County Property Appraiser's website, the purchase price is based on the $18,688 ($7.48/sf) current market land value listed for a comparable lot in the same block (Block 12, Lot 1). 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 lawsuits through voluntary purchases. Packet Pg. 2492 P.11 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: STAMPED EXECUTED HajdikContract 3 5 20 HajdikJoinder HajdikMCPAData HajdikMCPADataComp HajdikAerial 3 10 20 FINANCIAL IMPACT: Effective Date: March 18, 2020 Expiration Date: None Total Dollar Value of Contract: $99,999.00 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: 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: $99,999.00 plus closing costs estimated to be approximately $1,250.00 None 03/18/20 NEW COST CENTER ADDED $101,249.00 REVIEWED BY: Charles Pattison Completed 03/03/2020 9:59 AM Paunece Scull Completed 03/03/2020 10:24 AM Budget and Finance Completed 03/03/2020 2:50 PM Maria Slavik Completed 03/03/2020 2:57 PM Kathy Peters Completed 03/03/2020 3:08 PM Board of County Commissioners Completed 03/18/2020 9:00 AM Packet Pg. 2493 P.11.a AGREEMENT FOR THE PURCHASE OF LESS THAN FEE INTEREST IN LANDS THIS FF is made and entered into this _ _ day of 2020, y and between Tomas i U) (hereinafter ell r(s)") for themselves, their heirs, executors, administrators, successor'sand assigns, and , FLORIDA (hereinafter"COUNTY"). WITNESSETK 1. The Seller(s) represent they arethe owners of the following parcel (hereinafter "Primary rc I") thereunto belonging, owned by them, situate n lying in the Countyof Monroe, State f Florida, that is currently toped with a residential llin it and is more particularlydescribed s _ follows; to-wit: Block 12, Lot ! -1 The Seller(s) represent they are alson f the following parc l (hereinafter "Secondary Parcel") thereunto belonging, , situate n lying in the Countyf Monroe, State of Florida, that borders the PrimaryParcel and is currently not developed withresidential dweIlia unit or any other habitable space is moreparticularly described s follows; to-wit: T_ RE#00494490-000000 . In consideration of Ten Dollars ( 1 .0 ) in hand, paid by the COUNTY, the receipt hic is hereby acknowledged, the Seller(s) agree to sell to the COUNTY certain property rights N associated with the SecondaryParcel owned by Seller, upon the terms and conditions hereinafter set forth, and for the price of $99,999.00. The Seller(s) covenant to surrender, release, relinquish and transfer any and all of the Seller(s)'s property rights todevelop: LO } residential ellin units; an accessory structures providing detachedhabitable space 0 (hereinafter collectively"Less Than Fee Interest") on the SecondaryParcel. . The Seller(s) r 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: ca The COUNTY, at the COUNTYS expense, shall have a title report commissioned to allow the COUNTY or its agent to examine all record it of the ownership an ncu r nc s ( ) 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 n ifie y a registered to surveyor. If the survey or 0 & E report isclos encroachments on the SecondaryParcel or the existence of improvements located thereon, or any other restrictions, contract covenants, Dens, transfers of development rights, or applicable governmental regulations, deemed not acceptable to the COUNTY, the same shall constitute a title defect. Packet Pg. 2494 P.11.a The COUNTY shall have sixty ( ) days fromthe effectivet f this Agreement in which t examine the 0 & E of Seller's title. If title is found defective, as determined in the soleiscr ti n of COUNTY, the COUNTY shall, within this specified time period, notify ll r(s) in writing specifying def (s). If the defect(s) render title unacceptable to the COUNTY, the Seller(s) will have n hundred n (1 ) days from receipt of notice i in which to remove the defect(s), The Seller(s ) will use ili nt effort to correct dedefect(s) in title within the time provided therefore, including the bringingf necessary suits, failing is the COUNTY shall have the option of either accepting the titleit then is or rescinding the Agreement herein. 4. The Seller(s) further agree not to do, or suffer others to do, any act by whichvalue or property rights associated withthe Less Than Fee Interest may be diminishedr encumbered whilethis 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 ss Than Fee Interest. The Seller(s) further agree that duringthe periodcovered y this instrument officers and accredited is of the shall have at all reasonable ti s the unrestricted right and privilege to enter upon the SecondaryParcel for all proper and lawful purposes, including examination of the SecondaryParcel and the resources upon it. Nothing herein shall construed to constitute an acceptance of any existingor future code or building violation on the vi Primary Parcel or the SecondaryParcel. This provision shall survive closing. The Seller(s) hereby waive their rights to any and all claims against the COUNTY or the StateFlorida associated with, or arising from n r i of, the SecondaryParcel and this waiver shall survive T_ closing. 6. The Seller(s) will execute anddeliver upon demand of the proper officials and agents of the COUNTY the following cu nts conveying to the COUNTY all of Seller's Less Than Fee Interest in a manner satisfactory to the legal counsel of the COUNTY: Q N } Covenant of Unity of Title n tri i ns on Futurev I nt and/or Conveyances (hereinafter"Covenant of Unity of Title document") } Joinder of Mortgagee (if applicable) LO c} Joinder on-Mortgagee Encumbrance HoI r(if applicable) } Grantor's Affidavit of No Encumbrance (if neither r c above applies) } Affidavit of Trustee (if land owned rust) fl Application to MonroeCounty Property Appraiser to Consolidate Real Estate Parcels 7. In consideration whereof the COUNTY agrees that it will purchase all of said ss Than Fee 1� Interest at the pricef . The further agrees that after the preparation, execution, and deliveryf the documents enumerated above, and after the legal counsel of the COUNTY EI have approvedthe documentationreleasing the Less Than Fee Interest to be surrendered to and vested in the COUNTY, it will cause to be paidto the Seller(s) the purchase price, less any costs of closing payable y Seller, as set forth below. The COUNTY shall pay the following ex ns s associated withthe conveyance f the Less Than Fee Interest: recording fees for the documents listed in Section 6, settlement fees, 0 & E report fees, title x in i n fees, and the Buyer's y°s fees. The Seller(s) shall pay the real estate commissions, if any areu ull transfer, surrender and possessionof the development rights described v shall pass tote COUNTY as of the date payment is made to the Seller(s) subject only to the reservations stated in Section 2 above. 2 Packet Pg. 2495 P.11.a 8. It shall be the obligation of the Seller(s) to pay anyassessments ut n i liens u to the County at the date the s n Fee Interest v t f record in the . It is mutuallyunderstood r that noticef acceptance oft is Agreement shall be given t the Seller(s) by email to the address providedy the Seller(s) or by mail addressed to the Seller(s) t the following address: PO Box 371113 ith a copy to: Sally Stribling Largo,Key f fl Banker Schmitt Key Largo keysproperty@bellsouth.not and shall be effectiveupon date of emailing or mailing andshall be bindingon all of the Seller(s ) without sending a separate notice each, except as such obligation y be affected the provisions of Section 6 herein. 10. The effective date of this Agreement shall be that daten the last one of the Seller(s) and the COUNTY s signed this Agreement. 1 . If the Seller(s) wishes to proceed with this transaction, the Seller(s) have until December to sin and return this Agreement to the COUNTY. This Agreement may be executedin counterparts. Notwithstandingany provision of this Agreement to the contrary, the obligation of vi closing f this transaction is contingent upon approval by the MonroeCounty r of County Commissioners, failing is the COUNTY andthe Seller(s) shall release one another of all further obligations under this Agreement. ci T- IN WITNESS , the Seller(s) have hereuntosigned their names and affixedtheir respective seals on the day first above written n therefore the Seller(s) for and in consideration of the Ten -- Dollars ( 1 ) hereinabove acknowledges received, have n o hereby grant unto the COUNTY r its authorized representative, or any other office or agent of the COUNTY authorizedto purchase said Less Than Fee Interest in land, the option and right to enter into this Agreement for Purchase N within ninety ( ) days from the execution thereof by the Seller(s), and to purchasethe Less Than Fee Interest as herein provided, providingsaid urc s is duly approved by the MonroeCounty Boardof County Commissioners. LO Seller/Toma HajdIk iSo gnatu e' Date Phone Number it Add ess Buyer/COUNTY, MONROE COUNTY, FLORIDA KEVIN MADOK, CPA, Clerk Y Deputy Clerk Heather Carruthers, Mayor (Seal) Date: E'eeUN7y ATrORNEY'S OFFICE A nn"VED"TO FOR V®ors,. . ., Packet Pg. 2496 Prepared by/Return to: Adele V.Stones,Esq. Oropeza Stones Cardenas 221 Simonton Street Key West,FL 33040 ----------------------------- Space Above This Line For Recording---___------------------- J02WER OF MORTGAGEE Quicken Loans Inc.,whose address is 1050 Woodward Avenue,City of Detroit, State of Michigan,having a record interest,more particularly described as being the owner and holder of a mortgage dated October 19,2016 in the original principal amount of$211,525.00,given by Tomm' Hajdik("Mortgagor(s)"),to Quicken Loans Inc. ("Mortgagee(s)'%encumbering the real property described in that mortgage,which is recorded in Official Records Book 2823,at Page 2239,and having Document Number 2097914,(said mortgage is hereinafter referred to as the "Mortgage"),in the lands described in the Covenant of Unity of Title between Tomas Hajdik, Grantor(s)/Mortgagee(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 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. r Witness Io. l(Prat Name) Mortgagee(Print Name) Witness y. o. 1 (Signature) Mortgagee(Signature) Witnes o.2(Print Name Authorized Official Capacity(Director,Officer,Trustee,or other) W n is W Witn�To. (Signature) Da, (Pri t) STATE OF COUNTY OF ;tCL The foregoing instrument was(acknowledged/sworn to angsubscribed)before me by means of[ ysical presence or[ online notarization this .7S day of f 2020 by L6 who[J is/are personally kno n or ave produced a driver's license as identification. ai w N a [Notary Seal] ��otary Public - ci Printed Name: _ _ u Co M Commission s- y Expire : �. PM t MAXESA HARRI State of micmga, r 0 a,i the County o is gPublic.net-Monroe County, FL -Report: 00494490-000000 Pagel of 3 P.11.c , 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 Parcel I 00494490-000000CL Account# 1610658 UJ Property I 1610658UJ ` Millage Group 500K - Location 13 PIRATES Dr,KEY LARGO � Address Legal BK 12 LTS 2-6 PIRATES COVE P133-18 KEY LARGO OR265-54/55 OR348-203/204 OR343-518 Description OR500-303 OR1505-1951 OR1582-967 OR2021-886 OR2021-867 OR2067-128 OR591-467 OR2685-1818 OR2685-1819 OR2926-2149F/J (I ce:Ivot tr boused on ia�a,documents.) Neighborhood 3343 Property Class SINGLE FAM I LY RESID(0100) n _ ' UJ Subdivision PIRATESCOVE - Sec/rwp/Rng 32/6V39 Affordable No Housing Owner HAJ DI K TOMAS PO Box 371113 N Key Largo FL 33037 Valuation CL 2019 2018 2017 2016 C6 + Market Improvement Value $94,294 $83,361 $84,728 $73,890 + Market Misc Value $11,914 $12,336 $12,760 $13,640 + Market Land Value $174,790 $148,572 $148,572 $149,787 = Just Market Value $280,998 $244,269 $246,060 $237,317 1.6 = Total Assessed Value $246,286 $241,694 $236,723 $231,855 - School Exempt Value ($25,000) ($25,000) ($25,000) ($25,000) v = School Taxable Value $221,286 $216,694 $211,723 $206,855 N 0 Land cV Land Use Number of Units Unit Type Frontage Depth r RESIDENTIAL DRY(010D) 15,890.00 Square Foot 50 50 U O Buildings _ BuildinglD 28007 Exterior Walls C.B.S. Style GROUND LEVEL Year Built 1953 .rr Building Type S.F.R.-R1/R1 EffectiveYearBuilt 2000 Gross Sq Ft 842 Foundation CONCR FTR Finished Sq Ft 730 Roof Type GABLE/HIP Stories 1 Floor Roof Coverage METAL CL Condition GOOD Flooring Type CERM/CLAYTILE Perimeter 128 Heating Type NONEwith O%NONE Functional Ohs 0 Bedrooms 1 Economic Ohs 0 Full Bathrooms 1 Depreciation% 27 Half Bathrooms 0 Interior Walls DRYWALL Grade 500 Number of Fire PI 0 ¢; Code Description Sketch Area Finished Area Perimeter SPX EXEC SC PORCH 112 0 0 FLA FLOOR LIVAREA 730 730 0 TOTAL 842 730 0 Packet Pg. 2498 https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTyp... 3/3/2020 gPublic.net -Monroe County, FL -Report: 00494490-000000 Page 2 of 3 P.11.c Yard Items Description Year Built Roll Year Quantity Units Grade WOOD DECK 2000 2001 1 273 SF 2 BRICKPATIO 2000 2005 1 32 SF 4 FENCES 2004 2005 1 234SF 2 BRICKPATIO 2004 2005 1 30 SF 5 WOOD DECK 2004 2005 1 352 SF 1 UTILITYBLDG 2004 2005 1 80 SF 2 BRICKPATIO 2005 2006 1 800 SF 2 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved 5/16/2014 $0 Warranty Deed 2685 1819 11-Unqualified Improved 5/16/2014 $270,000 Warranty Deed 2685 1818 01-Qualified Improved CL 6/21/2004 $357,800 Warranty Deed 2021 0886 Q-Qualified Improved Permits Number 0 Date Issued 0 Date Completed 0 Amount 0 Permit Type 0 Notes 0 14305258 12/4/2014 12/29/2014 $5,683 Residential REPLACEMENT WIN DOWS/DOORS 08300097 1/15/2008 7/10/2008 $1 Residential RE-ROOFTO METAL&BITUMEN 05301530 4/27/2005 11/10/2005 $1 Residential PAVER DRIVEWAY 00303823 9/8/2000 12/1/2004 $875 Residential DECK/FENCE LLJ 00303333 7/28/2000 1/1/2001 $1 Residential UP GRADE ELECTRIC View Tax Info View Taxes for this Parcel Sketches(click to enlarge) > 0 U :m CL 22 7 I6 FLA 10 (70) ki FLA M (660) N 15 F' 0 N T— O 6-3cu cu SPX CL (112) 20 14 I 22 Packet Pg. 2499 https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTyp... 3/3/2020 gPublic.net-Monroe County, FL -Report: 00494490-000000 Page 3 of 3 P.11.c Map V/ CL k t# _r r , y .F+ L. TRIM Notice Trim Notice 2093 Notices Only M U) No data available for the following modules:Commercial Buildings,Mobile Home Buildings,Exemptions. ¢' O The Monroe County Property Appraiser's office rnaintainsdataon propertysothin the County solelyforthe purposeoffulfilling its responsibilityto Developed by secureajusi valuaaonforadvalorer7;taxpurposesofallpropertysothintheCounty.TheMonroeCountyPropertyAppraiser'sofficecannot-uarantee c is ccuracy forany other purpose Likewise d taprovidedregardingonetaxyearmaynotbeapplicableinpriororsubsequentyears.Byrequesung � r such d.ta,you hereby understand�.,nd�.,greethai he c 'le User Prr.; cY..�'.0.1.!5.Y 9 O G P P-la-Nouc w lastData Unload:3 3 9 9 2:14:91 Ate Version 2.3.42 CL L) O O U Packet Pg. 2500 https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTyp... 3/3/2020 gPublic.net -Monroe County, FL -Report: 00494480-000000 Page 1 of 2 P.11.d , 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 00494480-000000 UJ Account# 1610640 UJ Property I 1610640 Millage Group 500K Location Address VACANT LAND,KEY LARGO Legal Description BK 12 LT 1 PIRATES COVE P133-18 KEY LARGO OR530-627 OR780-1481 OR1485-1243/44 OR1667-570/86F/J OR1679-2140/41 (NOte:NOt tO be Used oo lej;al duct men Ts..) Neighborhood 3343 Property Class VACANT RES(0000) Subdivision PIRATESCOVE UJ Sec/Twp/Rng 32/61/39 Affordable Housing No Owner UOI-I-ER MICHAELG UOI-I-ERSUSAN K 127 Pirates Dr 127 Pirates Dr Key Largo FL 33037 Key Largo FL 33037 0 Valuation (, 2019 2018 2017 2016 N + Market Improvement Value $0 $0 $0 $0 � + Market Misc Value $0 $0 $0 $0 + Market Land Value $18,688 $10,781 $10,781 $10,782 CL = Just Market Value $18,688 $10,781 $10,781 $10,782 = Total Assessed Value $7,281 $6,619 $6,018 $5,471 - School Exempt Value $0 $0 $0 $0 = School Taxable Value $18,688 $10,781 $10,781 $10,782 Lfy Land ai Land Use Number of Units Unit Type Frontage Depth vj RESIDENTIAL DRY UNPERMITTED(01DM) 2,500.00 Square Foot 50 50 Sales ci r Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacantor Improved 2/28/2001 $1 Warranty Deed 1679 2140 M-Unqualified Improved O 11/V1997 $1 Warranty Deed 1485 1243 M-Unqualified Improved 2/1/1973 $2,500 Conversion Code 780 1481 Q-Qualified Vacant View Tax Info View Taxes for this Parcel Map (U CL f, 2 � Et',Y III t S G3 U its y , Packet Pg. 2501 https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTyp... 3/3/2020 gPublic.net -Monroe County, FL -Report: 00494480-000000 Page 2 of 2 TRIM Notice Trim Notice 2019 Notices Only No data available for the following modules:Buildings,Commercial Buildings,Mobile Home Buildings,Yard Items,Exemptions,Permits,Sketches(click to enlarge),Photos. The Monroe County Property Appraiser s office maintains data on propertysothin the County solely for the purpose of fulfilling its responsibility to Developed by secure ajust valuauon forad'valorem tax purposes ofall propertysothin the County.The Monroe County Property Appraiser's office ca nnot-uarantee is cciracyforany other purpose Likewise,d to provided regarding one tax year may not beapplicable in prior or subsequent years.By req uesti ng such d.t a,you hereby understand and agree that the GDPR Pri: cy_Natic,e W Last�,;ta Uhl,u 3/3/2020 2.:14:21 AM Version 2.3,42 O O L) CL O L M U) O N P' U O O CL O U Packet Pg. 2502 https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTyp... 3/3/2020 P.11'e %,, �1 li r1 "' Monroe County, FL Overview t� � �: � t� ( a • CL CL 1 Legend z Centerline s c W al} U) � ` �� ��l Easements U) Hooks J L ~- Lot Lines Road Center =� t r, Rights of Way s d 6 �I Y 'ijD ..•s Shoreline L Condo Building U • • Key Names Subdivisions . � Parcels CL a C� v 8 f Pv, ci qC. i . a �E nM t8 Date created:3/10/2020 Last Data Uploaded:3/10/2020 3:38:03 AM Developed by Schneider � OEOSPATEAL Packet Pg. 2503