Item G2 5 Ca.2
y;+ ' "tr, BOARD OF COUNTY COMMISSIONERS
County of Monroe , Mayor Michelle Coldiron,District 2
n{sJ ` °' Mayor Pro Tem David Rice,District 4
-re Florida.Keys �� � � Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
February 17, 2021
Agenda Item Number: G.2
Agenda Item Summary #7330
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Charles Pattison (305) 295-5180
9:15 A.M. Land Authority
AGENDA ITEM WORDING: Approval of a contract to purchase Tier 1 property for conservation
— Block 37, Lot 6, Port Pine Heights 2nd Addition, Big Pine Key.
ITEM BACKGROUND: This acquisition is proposed at the recommendation of and in consultation
with the County Attorney to reduce the County's potential liability for takings suits and to provide
ROGO Administrative Relief pursuant to Monroe County Commission Resolution 205A-2020. The
acquisition will also protect the natural environment and provide mitigation land in support of the
Big Pine Key Habitat Conservation Plan.
The subject property consists of a 5,250 square foot lot on Blue Lagoon 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, and vegetation consisting of disturbed upland with a
mangrove fringe. The property is the last undeveloped lot in private ownership on the street. The
Southeast Florida Regional Climate Change Compact sea level rise projection for the period from
2000 to 2070 is 21 to 54 inches. In the event of a 24-inch increase in sea level, estimates provided
by the South Florida Water Management District indicate approximately 1,600 square feet of this
property will have a 25.1% to 74.9% probability of being inundated. The property's mangrove
fringe will require periodic trimming along the canal to maintain navigational access. The property
qualifies for purchase under the Acquisition List because it is Tier 1.
The property owner has agreed to sell the property for the price of $173,389.80. The estimated
closing costs for this transaction are listed in the agenda documentation.
ADVISORY COMMITTEE ACTION: On January 27, 2021 the Committee voted 4/1 to approve
purchasing this property for the price of$173,389.80.
PREVIOUS RELEVANT GOVERNING BOARD ACTION: The Board has approved the
purchase of other conservation properties in this subdivision.
Packet Pg. 1044
G.2
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
B37,L6
Resolution 205A-2020
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Mark Rosch Completed 02/01/2021 10:00 AM
Charles Pattison Completed 02/01/2021 10:31 AM
Liz Yongue Completed 02/01/2021 4:00 PM
Board of County Commissioners Pending 02/17/2021 9:00 AM
Packet Pg. 1045
PURCHASE CONTRACT
02/17/21
Purchase Title Fees& Attorney Recording Total
Property Price Survey Insurance Fee Fee Costs
Block 37, Lot 6 $173,389.80 $0.00 $1,420.00 $475.00 $35.50 $175,320.30
Port Pine Heights 2nd Addition
Big Pine Key
Seller: Keith P. Radenhausen
0
CJ
CL
CL
N
r-
0
CL
ram.
r9
0
ram:
r9
Packet Pg. 1046
Aerial Photograph of Subject Property
Block 37, Lot 6, Port Pine Heights 2nd Addition
Big Pine Key
t
I
1t 5
r
9
,
r �
a i
6 }rati 4 eo t ,
�~�f�us..������.,ti � - ,«. S E�< �. R � ���}s o ®•�(t��1't�i�`1;Rl;--. -�Sj.S}�, S,t` t r4� �5,'�t�1 ��`t.�t��,> ?,� ,l„�i1 �
U
t8
Packet Pg. 1047
AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this day of 2021, by
and between
Keith P. Radenhausen
(hereinafter "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: y
0
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 $173,389.80 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 0.
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 37, Lot 6, Port Pine Heights 2nd Addition (PB 4-167)
RE# 00293150-000000
cv
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.
c
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, 4
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). 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 LAND AUTHORITY
shall have the option of either accepting the title as it then is or rescinding the Agreement herein.
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 while this Agreement is pending. It is further agreed
that any loss or damage occurring prior to the vesting of satisfactory title in the LAND
1
Packet Pg. 1048
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, without liability, refuse to accept conveyance of said lands.
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 reasonable 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 past, present, or future claims against the LAND AUTHORITY, Monroe County, or the
State of Florida associated with, or arising from ownership of, said lands (including but not limited
to inverse condemnation and Bert Harris Act claims) 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 �?
marketable 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 $173,389.80. The LAND AUTHORITY further agrees that, after the
preparation, execution, and delivery 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. 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 c
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. -J
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 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.
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:
10156 Heckscher Drive
Jacksonville, FL 32226
2
Packet Pg. 1049
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.
10. The property shall be delivered at closing free of any tenant or occupancy whatsoever.
11. The Seller(s) shall close any open building permits or code enforcement proceedings prior to
closing.
12. The effective date of this Agreement shall be that date when the last one of the Seller(s) and the c
LAND AUTHORITY has signed this Agreement.
13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until January 8, 2021 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/ Keith P. Radenhausen
0
Signature Date Phone Number
0
The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its
EXECUTIVE DIRECTOR in accordance with Resolution 03-2016, has executed this Agreement on
behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of c
12021. --
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(Seal)
Charles G. Pattison, Executive Director
3
Packet Pg. 1050
G.2.b
1 RESOLUTION NO. 205A-2020
2
3 A RESOLUTION BY THE MONROE COUNTY BOARD
4 OF COUNTY COMMISSIONERS APPROVING THE
5 REQUEST FOR ADMINISTRATIVE RELIEF MADE BY
6 KEITH P.RADENHAUSEN ON PROPERTY DESCRIBED
7 AS LOT 6,BLOCK 37, PORT PINE HEIGHTS 2ND ADD.,
8 BIG PINE KEY,RE#00293150.000000 IN THE FORM OF
9 A PURCHASE OFFER FROM THE MONROE
10 COUNTY LAND AUTHORITY OR REFERRAL TO
11 THE STATE OF FLORIDA DIVISION OF STATE
12 LANDS FOR POTENTIAL PURCHASE THROUGH _
13 THE FLORIDA FOREVER PROGRAM.
14
15
16 WHEREAS, Keith P. Radenhausen submitted an application for administrative
17 relief under Policy 101.7.1 of the Monroe County Year 2030 Comprehensive Plan;and
18
19 WHEREAS, the Monroe County Board of County Commissioners makes the
20 following findings of fact and conclusions of law:
21
22 1. The application for administrative relief from Keith P.Radenhausen is for Lot 6,Block
23 37,Port Pine Heights 2nd Add.,Big Pine Key in Monroe County, Florida having RE#
CL
24 00293150.000000. a-
25 2. The date of the ROGO application is 1 01912 0 1 5. o
26 3. The ROGO allocation application has been in the ROGO system for at least four (4)
27 consecutive years and qualifies for administrative relief under Policy 101.7.1 of the
28 Monroe County Year 2030 Comprehensive Plan.
29 4. Monroe County Code (MCC) Section 138-27 provides a mechanism whereby an
30 applicant who has not received an allocation award in ROGO may apply to the Board —
31 of County Commissioners for administrative relief.
32 5. The Board of County Commissioners (BOCC) has the authority to grant
33 administrative relief under Policy 101.7.1 and may grant the applicant a building LO
CD
34 allocation, offer to purchase the property at fair market value, or provide such other
35 relief as may be necessary and appropriate. o
- - ---3-6---- ,6.- The applicant applied for administrative relief on 4/22/2020, under Section 13 8-27 of
37 the MCC and Policy 101.7.1 of the Monroe County Year 2030 Comprehensive Plan. a
38 7. Policy 101.7.1 and Policy 105.2.8 of the Monroe County Year 2030 Comprehensive
39 Plan provides criteria to be used for determining lands that are appropriate for
40 acquisition and the criteria includes the environmental sensitivity of the vegetative
41 habitat on the lot and the applicable Tier designation.
42 8. Policy 101.7.3 and Land Development Code Section 138-27(d), the County shall
43 preclude the granting of administrative relief in the form of the issuance of a building
ADMINISTRATIVE RELIEF RESOLUTION Page 1 of 2
RE#OQ293150.00OWO
15104795
Packet Pg. 1051
G.2.b
I permit for lands within the Florida Forever targeted acquisition or Tier I lands areas
2 unless, after 60 days from the receipt of a complete application for administrative
3 relief,it has been determined the parcel cannot be purchased for conservation purposes
4 by any county,state or federal agency or any private entity.The County shall routinely
5 notify Department of Environmental Protection of upcoming administrative relief
6 request at least six (6)months prior to the deadline for administrative relief.
7 9. The subject property has the land use district designation of Improved Subdivision y
8 (IS) and is located in the Port Pine Heights 2nd Add. Subdivision and is located in a
9 Tier 1 designated area and is also within the Florida Forever acquisition boundary. �?
10 10. Monroe County Year 2030 Comprehensive Plan Policy 101.7.1 and Policy 105.2.8
11 states the Board may offer to purchase property as the preferred action for property
12 located within Tier 1. CL
13 —
14 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
15 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
16
17 Administrative relief is granted to Keith P. Radenhausen, for Lot 6, Block 37, Port Pine
18 Heights 2nd Add. Subdivision,Big Pine Key in the form of a purchase offer by the Monroe
19 County Land Authority or referral to the State of Florida Division of State Lands for
20 potential purchase through the Florida Forever Program.
21
22 PASSED AND ADOPTED by the Board of County Commissioners of Monroe_County,2g
23 Florida at a regular meeting held on the 15th day of July,2020. CL
-
24 _ W
c� c
25 Mayor Heather Carruthers Yes t r' CL
26 Mayor Pro Tem Michelle Coldiron Yes
27 Commissioner Craig Cates Yes _
28 Commissioner David Rice Yes r-1
29 Commissioner Sylvia Murphy Yes r
30
BOARD OF COUNTY COMMISSIONERS OF MONROE --
COUNTY, FLORID
N
I BY
r€
Mayor H ther thers cv
0
37
NROE COUNTY ATTORNEY
311 �WNE FORM �
39 ATTEST: KEVIN MADOK, CLERK
40PEOM
41 ASS NTY ATTORNEY m
42 Date 71 UU1 U
43 AS DEPUTY CLERK
ADMmisTRATIVE RELIEF RESOLUTION Page 2 of 2
RE4 00293150-000000
15104795
Packet Pg. 1052