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Item C4a LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: October 18, 2001 Bulk Item: Yes No X Department: Land Authority Agenda Item Wording: Approval to purchase property with Preservation 2000 funds - Upper Matecumbe (RE #96440) - Contract Amendment. Item Background: This purchase is proposed to protect property rights and natural resources. The contract amendment is proposed to resolve closing problems due to encroachments. The Village of Islamorada nominated this property for purchase as a conservation area. The property consists of 2.84 acres of hammock and mangroves near MM 80 on Upper Matecumbe Key. The adjoining property owner, Max's Marine, Inc., has a boat storage area that encroaches on the northern portion of the property. In order to exclude the encroachments from the acquisition area, the proposed resolution "carves out" 0.44 of an acre and the makes a proportional reduction of $25,204 in the purcl'lase price. The revised legal description for the property will be provided as "documentation to follow." Advisory Committee Action: On August 30, 2001 the Land Authority Advisory Committee voted 3/0 to recommend approval, provided there is a proportional reduction in the purchase price and area to be excluded does not exceed 0.75 acre. Both of these conditions have been satisfied. Previous Governing Board Action: On January 18, 2001 the Board approved the resolution of an encroachment issue on Lower Matecumbe in this manner. Contract/Agreement Changes: N/A Staff Recommendation: Approval Total Cost: $ 145,147.58 Budgeted: Yes X No Cost to Land Authority: $ 145,147.58 Approved By: Attorney ~ OMB/Purchasing ~'~h To Follow: X Risk Management Executive Director Approval: Documentation: Included: X Not Required: Disposition: Agenda Item LA #4a PURCHASE CONTRACTS 10/18/01 Purchase Envr. Audit, Survey Title Attorney Recording Acquisition Property Price - or Clean-up Insurance Fee Fee Total Upper Matecumbe Key (PB 3-93) Part of Lot 7, RE#00096440 $138,578.69 $5,000.00 $870.00 $692.89 $6.00 $145,147.58 (Goldsmith) . I RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY MODIFYING AN AGREEMENT" TO PURCHASE PROPERTY ON UPPER MA TECUMBE KEY. WHEREAS, the Village of Islamorada has nominated part of Lot 7, Upper Matecumbe Key (PB 3-93) for purchase by the Monroe County Comprehensive Plan Land Authority (hereinafter uLand Authority") as a conservation area and has entered into an interlocal agreement with the Land Authority dated February 22, 2001; and WHEREAS, on February 22, 2001 the Land Authority entered into an agreement with Harriett Goldsmith (hereinafter "Seller") to purchase said property at a purchase price of $163,783.00; and WHEREAS, a survey of said property indicates the presence of encroachments associated with the adjoining property developed by Max's Marine, Inc,; and WHEREAS, the Land Authority and the Seller propose to exclude the encroachment area from the transaction and make a proportional reduction in the purchase price; and WHEREAS, on August 30, 2001 the Land Authority Advisory Committee voted 3/0 to recommend approval of said proposal, provided there is a proportional reduction in the purchase price and area to be excluded does not exceed 0.75 acre; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY that Section 1. The Land Authority hereby approves amending the original agreement dated February 22, 2001 to identify the revised legal description shown in Attachment A as the property to be purchased. Said legal description reflects the exclusion of the northern 0.44 acre of the property. Section 2. The Land Authority hereby approves amending the original agreement dated February 22, 2001 to reduce the purchase price from $163,783.00 to $138,578.69. Said reduction is in proportion to the reduction in the acreage to be purchased (from 2.84 acres to 2.40 acres). PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this day of 2001. Page 1 of 2 (Seal) ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Mark J. Rosch Executive Director Nora Williams Chairman Larry R. Erskine Page 2 of 2 ATTACHMENT A [modified legal description to be prepared by surveyor] UO~ n -I!:i~ , ct<. ~ 00 ~5 O~ o <z Q~ C:z 0- ti< ~ D Oz ~jj ~g J a . . < ~~ 000 ri ~ (D 1 Mile Marker sc \ \ \ \ \- - '" / / , / Y '" / / / / / / ./ 80.5 Island Upper Katecumbe Property Goldsmith