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Item W11 BOARD OF COUNTY COMMISSIONERS Agenda Item Summary Meeting Date July 15, 2003 Division County Attorney AGENDA ITEM WORDING Approval of Release of Transfer of Development Rights for Gregory and Betty Klimock in connection with their real property known as The Hermitage on Summerland Beach. ITEM BACKGROUND The Klimock's have requested this Release since the Property Appraiser determined that the transfer of development rights was insufficient to entitle the Klimock's to an ad valorem tax exemption. PREVIOUS RELEVANT BOCC ACTION See above. CONTRACT I AGREEMENT CHANGES STAFF RECOMMENDATIONS Approval. BUDGETED Yes No TOTAL COST COST TO COUNlY SOURCE OF FUNDS APPROVED BY: County Attorney _ OMB/Purchasing 0 Risk Management 0 DIVISION DIRECTOR APPROVA~~ JO . C ' DOCUMENTATION: Included 0 To Follow 0 Not Required 0 AGENDA ITEM # W) J RELEASE OF TRANSFER OF DEVELOPMENT RIGHTS This Release of Transfer of Development Rights is hereby granted and conveyed by the Board of County Commissioners of Monroe County (hereinafter referred to as County), to Gregory Klimock and Betty J. Klimock (hereinafter referred to as the Klimock's), of 25340 Fourth Street, Summerland Key, Monroe County, Florida. WHEREAS, on January 28, 2002, The Klimock's transferred development rights for ten years to the real property known as The Hermitage; and WHEREAS, the transfer was made in consideration of, and condition that The Klimock's would obtain an ad valorem tax exemption (or deferred tax liability should the restriction on development be released prior to the end of the ten year period); and WHEREAS, the Property Appraiser of Monroe County has determined that the transfer of development rights was insufficient to entitle The Klimock's to such tax exemption or deferral; and WHEREAS, the historical designation of the property was rescinded on June 18, 2003; and WHEREAS, The Klimock's have requested that the transfer be released since its purpose was never achieved; now, therefore The Board of County Commissioners of Monroe County does hereby release to The Klimock's the restrictions on development granted via the Transfer of Development Rights dated January 28, 2002, to the following real 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of July, 2003. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairman JconHermitageRelease BY A ~~Et;;;'UTTON "' 'y 11')// ~3