Item O3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
February 13, 2002
Division:
County Attorney
AGENDA ITEM WORDING:
Approval of transfer of development rights and authorization for Mayor to execute
acceptance of same.
ITEM BACKGROUND:
Gregory and Betty Klimock, owners of "The Hermitage" have offered to transfer development
rights on their property, which has been designated a Historical and Cultural Landmark, for a
period of ten years in order to receive a property tax exemption on the three parcels which,
together, comprise "The Hermitage."
PREVIOUS RELEVANT BOCC ACTION:
July 19, 2001, agenda item 2-B5 adoption of Resolution No. 276-2001 granting the designation
of "Historical and Cultural Landmark."
CONTRACT I AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
BUDGETED: Yes 0 No 0
COST TO COUNTY: Potential reduction of ad valorem taxes.
APPROVED BY:
County Attorney. OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL:~ ~
'~RICK
DOCUMENTATION: Included 0 To Follow 0 Not Required 0
AGENDA ITEM #
/-a3
TRANSFER OF DEVELOPMENT RIGHTS FOR TERM OF YEARS
A transfer of development rights is hereby granted and conveyed on the ~~ day of
~ C1.V\u.~t""~ ' 2002, by Gregory Klimock and Betty 1. Klimock (hereinafter referred to
as Grantors) of 340 Fourth Street, Summerland Key, Monroe County, Florida, to the Board of
County Commissioners of Monroe County (hereinafter referred to as Grantee) for and in
consideration of the benefit of the deferred tax liability available under Section 193.505, Florida
Statutes, in the following property:
The Hermitage, designated as a historical and cultural landmark by Resolution 276-2001
of the Board of County Commissioners of Monroe County, more particularly described as: Lots
18 through 20, Summerland Beach Amended Plat, Plat Book 2, Page 155, RE 196690; Corner of
E. Shore Drive and 4th Street, Lot 20, Summerland Beach Addition #1, Plat Book 3, Page 20, RE
196970; and Bay Bottom southeasterly of Lots 18 through 20, Summerland Beach Amended
Plat, Plat Book 2, Page 155 and Lot 20, Summerland Beach Addition #1, Plat Book 3, Page 20,
Monroe County, Florida.
Grantors own said property in fee simple. The property has historical and cultural value
in its current state.
Grantors are willing to grant a transfer of development rights over the property, thereby
restricting and limiting the use of the land and contiguous water areas of the property, on the
terms and conditions and for the purposes hereinafter set forth.
The Grantors and Grantee recognize the historical and cultural value of the property in its
present state and have, by the conveyance of this transfer of development rights to the Grantee,
the common purpose of conserving the historical and cultural values of the property and
preventing the use or development of the property for any purpose or in any manner which
would conflict with the maintenance of the property in its current state for historical and cultural
purposes, except as otherwise provided within this transfer of development rights deed,
Therefore, in consideration of the ad valorem tax exemption (or the deferred tax liability
if the transferors obtain a release from the restriction on development prior to the ten year period
of this transfer) which will result pursuant to Section'193.503, Florida Statutes, and Section 9.5-
461, et seq., Monroe County Code, from the granting of this transfer of development rights,
Grantors hereby grant and convey unto Grantee and its successors development rights of the
nature and character to the extent set forth, in respect to the lands of the Grantors located in
Monroe County which are described above.
The terms, conditions and restrictions of the transfer of development rights are as set
forth, pursuant to Florida Statute ~193.505(1)(a):
1. The conditions of this transfer of development rights shall inure to and
bind the Grantors, their successors, assigns and heirs, for a period of ten
years from the date first above written, with the grantor having the option
to renew this covenant by executing and recording in the public records a
document showing the renewal term.
..
2. Any release from this transfer of development rights shall require payment
of the deferred tax liability.
3. The Hermitage, which consists of approximately 1.84 acres with a home,
three outbuildings, a deep draft boat basin with dockage and boat ramp,
and fence, shall not be used for any purpose inconsistent with historic
preservation or the historic qualities of the property.
4. In any restoration or repair of the property, the architectural features of the
exterior shall be retained consistent with the historic qualities of the
property.
5. The property shall be maintained in good repair and condition to the extent
necessary to preserve the historic and cultural value and significance of
the property and shall not be permitted to deteriorate.
6. The Grantors agree that the terms, conditions, restrictions and purposes of
this transfer of development rights will be inserted in any subsequent deed
or other legal instrument by which the Grantors divest themselves of either
the fee simple title to or of its possessory interest in the subject property.
TO HA VB AND TO HOLD unto the Board of County Commissioners of Monroe
County, Florida to the use of the Grantee, its successors and assigns forever. The covenant
agreed to and the terms, conditions, restrictions and purposes imposed as aforesaid shall not only
be binding upon the Grantors but also their agents, personal representatives and assigns and all
other successors to their interest.
IN WITNESS WHEREOF, the Grantors have herein to set forth their signatures, with
signatures of attesting witnesses on the day and year first above written.
WITNESSES:
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WITNESSES:
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B 1. bmock
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State of Florida, County of Monroe
The foregoing instrument was acknowledged before me this ~~day of ~ ~G..'t-~ '
2002, by Gregory and Betty 1. Klimock, who are personally known to me or who have produced
t=L 1)r-~\).Q.__~ LI<'Qt'\s~ as identification.
_If.,.n.~~
Not bllc
ACCEPTANCE
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OF f"'O MAR.'
The Board of County Commissioners of Monroe County, did, at its meeting of
2002, authorize the Mayor to execute this document, establishing acceptance of the foregoing
Transfer of Development Rights.
ATTEST:
Clerk of Court
Mayor
This instrument prepared by
Suzanne A. Hutton
Assistant County Attorney
FBN 336122
Monroe County
PO Box 1026
Key West, FL 33041-1026
(305) 292-3470