Item F2c LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: July 16, 2014 Division: Land Authority
Bulk Item: Yes No X Contact/ Phone #: Mark Rosch / 295-5180
Agenda Item Wording: Approval of contracts to purchase property for conservation - Block 60, Lot 1,
Port Pine Heights 2nd Addition, Big Pine Key.
Item Background: This acquisition is proposed to protect property rights and the natural environment
and to provide mitigation land in support of the Big Pine Key Habitat Conservation Plan.
Port Pine Heights is one of the northernmost subdivisions on Big Pine Key. Each vehicular round-trip
from this subdivision to the US 1 commercial district involves driving eight miles through Key Deer
habitat. The subject property consists of a 7,788 square foot canal lot at the corner of Kyle Boulevard
and Gumbo Limbo Street on the bay side of Big Pine Key near mile marker 30. The property has a tier
designation of Tier 1 — Natural Area, a zoning designation of Improved Subdivision with an overlay of
Area of Critical County Concern, and vegetation that has been mowed and has some tropical hardwood
hammock species present. The Southeast Florida Regional Climate Change Compact 50-year sea
level rise projection is 9 to 24 inches by the year 2060. In the event of a 24-inch increase in sea level,
estimates provided by the South Florida Water Management District indicate approximately one-sixth of
the property will have a 25.1% to 100% probability of being inundated.
The owners have agreed to sell the property for the price of $30,921. The estimated closing costs for
this transaction are listed in the agenda documentation.
Advisory Committee Action: On June 25, 2014 the Committee voted 5/0 to approve purchasing this
property for the price of$30,921.
Previous Governing Board Action: The Board has approved the purchase of other conservation
properties in this subdivision.
Contract/Agreement Changes: N/A
Staff Recommendation: Approval
Total Cost: $ 31,867.75 Indirect Cost: $ Budgeted: Yes X No .
Cost to Land Authority: $ 31,867.75 Source of Funds: Land Authority
(Tourist Impact Tax and State Park Surcharge)
Approved By: Attorney X County Land Steward X .
Documentation: Included: X To Follow: Not Required:
Disposition: Agenda Item
PURCHASE CONTRACT
07/16/14
Purchase Title Fees& Attorney Recording Total
Property Price Survey Insurance Fee Fee Costs
Port Pine Heights 2nd Add. $30,921.00 N/A $553.25 $375.00 $18.50 $31,867.75
Block 60, Lot 1
Sellers: Myrt Carlson and Andrew M. Carlson, Jr. and
Jo Ann B. Kistner
Aerial Photograph of Subject Property
Port Pine Heights Subdivision
Including 1st, 2nd, 3rd, and ah Additions
Big Pine Key
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Aerial Photograph of Subject Property
Block 60, Lot 1, Port Pine Heights 2nd Addition
Big Pine Key
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AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this day of , 2014, is by
and between
Myrt Carlson, Andrew Carlson, Andrew M. Carlson, Jr., and Jo Ann B. Kistner
hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and
assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter,
"Land Authority") acting by and through the Executive Director of the LAND AUTHORITY.
WITNESSETH:
1. In consideration of Ten Dollars ($10.00) in hand, paid by the LAND AUTHORITY, the receipt of
which is hereby acknowledged, the Seller(s) agree to sell to the LAND AUTHORITY certain lands
upon the terms and conditions hereinafter set forth, and for the price of $30,921.00 for all of the
lands and other interests, which lands shall include all tenements, hereditaments, together with all
water and other rights, easements, appurtenances, and any and all of the Seller's rights in or
arising by reason of ownership thereunto belonging, owned by them, situate and lying in the
County of Monroe, State of Florida, more particularly described as follows; to-wit:
Block 60, Lot 1, Port Pine Heights 2nd Addition (PB 4-167)
RE# 00295420-000000
2. The Seller(s) agree that they have full right, power and authority to convey, and that they will
convey to the LAND AUTHORITY the fee simple title together with legal and practical access
thereto clear, free and unencumbered, except subject to the following easements or reservations:
Existing easements for canals, ditches, flumes, pipelines, railroads, public highways and roads,
telephone, telegraph, power transmission lines and public utilities.
The LAND AUTHORITY, at the LAND AUTHORITY'S expense, within the time allowed to deliver
evidence of title and to examine same, may have the real property surveyed and certified by a
registered Florida surveyor. If the survey discloses encroachments on the real property or that
improvements located thereon encroach on setback lines, easements, lands of others, or violate
any restrictions, contract covenants, or applicable governmental regulations, the same shall
constitute a title defect.
Seller(s) shall convey a marketable title subject only to the aforementioned liens, encumbrances,
exceptions or qualification set forth herein. Marketable title shall be determined according to
applicable title standards adopted by authority of the Florida Bar and in accordance with law. The
LAND AUTHORITY shall have sixty (60) days from the effective date of this Agreement in which to
examine title. If title is found defective, the LAND AUTHORITY shall, within this specified time
period, notify Seller(s) in writing specifying defect(s). If the defect(s) render title unmarketable the
Seller(s) will have one hundred twenty (120) days from receipt of notice within which to remove
the defect(s), failing which the LAND AUTHORITY shall have the option of either accepting the
title as it then is or rescinding the Agreement herein; thereupon the LAND AUTHORITY and the
Seller(s) shall release one another of all further obligations under this Agreement. The Seller(s)
will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time
provided therefore, including the bringing of necessary suits.
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3. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or title to
said lands may be diminished or encumbered. It is further agreed that any loss or damage
occurring prior to the vesting of satisfactory title in the LAND AUTHORITY by reasons of the
unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the
Seller(s); and that, in the event any such loss or damage occurs, the LAND AUTHORITY may
refuse, without liability, to accept conveyance of said lands, or it may elect to accept conveyance
upon an equitable adjustment of the purchase price.
4. The Seller(s) further agree that during the period covered by this instrument officers and
accredited agents of the LAND AUTHORITY shall have at all proper times the unrestricted right
and privilege to enter upon said lands for all proper and lawful purposes, including examination of
said lands and the resources upon them. The Seller(s) hereby waive their rights to any and all
claims against the LAND AUTHORITY or Monroe County associated with, or arising from
ownership of, said lands and this waiver shall survive closing.
5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the LAND
AUTHORITY a good and sufficient deed of warranty conveying to the LAND AUTHORITY a safe
title to the said lands of such character as to be satisfactory to the legal counsel of the LAND
AUTHORITY and said deed shall provide that the use, occupation and operation of the rights-of-
way, easements and reservations retained therein, shall be subordinate to and subject to such
rules and regulations as may be prescribed by the LAND AUTHORITY governing the use,
occupation, protection and administration of lands.
6. In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and
other interests at the price of $30,921.00. The LAND AUTHORITY further agrees that, after the
preparation, execution, delivery and recordation of the deed, and after the legal counsel of the
LAND AUTHORITY shall have approved the title thus vested in the LAND AUTHORITY, it will
cause to be paid to the Seller(s) the purchase price by a check drawn on the account of the LAND
AUTHORITY. The LAND AUTHORITY shall pay the following expenses associated with the
conveyance of the property: deed recording fees, settlement fees, abstract fees, title examination
fees, the Buyer's attorney's fees, and title insurance, as well as the prorata share of prepaid real
property taxes allocable to the period subsequent to the vesting of title in the LAND AUTHORITY,
or the effective date of possession of such real property by the same, whichever is earlier. The
Seller(s) shall pay the expenses of documentary stamps to be affixed to the deed and the removal
of trash, debris, and structures from the property, if any, and real estate commissions, if any. Full
possession of the premises shall pass to the LAND AUTHORITY as of the date payment is made
to the Seller(s) subject only to the reservations stated in Section 2 above.
7. It is mutually agreed that an abstract, title insurance policy or other evidence of title to the property
herein contracted to be sold, satisfactory to the legal counsel of the LAND AUTHORITY will be
obtained by the LAND AUTHORITY at its expense. The Seller(s) expressly agree herein to
furnish to the LAND AUTHORITY any documents in Seller(s)'s possession establishing evidence
of title including, but not limited to, abstracts, title commitments, title policies and opinions of title.
8. It is mutually understood and agreed that the LAND AUTHORITY may assign this Agreement.
9. It shall be the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at
the date title vests of record in the LAND AUTHORITY, whether or not such taxes and
assessments are then due and payable.
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10. It is mutually understood and agreed that notice of acceptance of this Agreement shall be given to
the Seller(s) by mail addressed to the Seller(s) at the following address:
5 Evansmill Place
Palm Coast, FL 32164
and shall be effective upon date of 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
paragraph 6 hereof.
11. The property shall be delivered at closing free of any tenant or occupancy whatsoever.
12. The effective date of this Agreement shall be that date when the last one of the Seller(s) and the
LAND AUTHORITY has signed this Agreement.
13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until June 24, 2014 to
sign and return this Agreement to the LAND AUTHORITY. This Agreement may be executed in
counterparts. Notwithstanding any provision of this Agreement to the contrary, the closing of this
transaction is contingent upon approval by the Advisory Committee and Governing Board of the
LAND AUTHORITY, failing which the LAND AUTHORITY and the Seller(s) shall release one
another of all further obligations under this Agreement.
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 LAND
AUTHORITY or its authorized representative, or any other office or agent of the LAND AUTHORITY
authorized to purchase said lands, the option and right to enter into this Agreement for Purchase
within sixty (60) days from the execution thereof by the Seller(s), and to purchase said lands as herein
provided.
Seller/ Myrt Carlson
Signature Date Phone Number
Seller/ Andrew Carlson
Signature Date Phone Number
Seller/ Andrew M. Carlson, Jr.
Signature Date Phone Number
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Seller/ Jo Ann B. Kistner
Signature Date Phone Number
The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its
EXECUTIVE DIRECTOR in accordance with Resolution 09-2004, has executed this Agreement on
behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of
, 2014.
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(Seal)
Mark J. Rosch, Executive Director
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