Item G09 G.9
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
January 18, 2023
Agenda Item Number: G.9
Agenda Item Summary #11546
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180
9:25 A.M. Land Authority
AGENDA ITEM WORDING: Approval of a contract to purchase Tier 1 property for conservation
- Block 6, Lots 29 and 30, Bay Haven Section 2 on Key Largo near mile marker 95 from J.
DeWayne Nall for the price of$50,000.
ITEM BACKGROUND: This acquisition is proposed to protect property rights and the natural
environment and to reduce the County's potential liability for takings suits.
The subject property consists of two adjoining lots located on Central Avenue on the bay side of Key
Largo.
Purchase Price and Estimated Closing Costs:
• Purchase Price: $50,000
• Cost of Appraisal: $750
• Cost of Survey: $0
• Title Fees & Insurance: $762.50
• Attorney Fee: $475
• Recording Fees: $35.50
• Total Costs: $52,023
Attributes of the Subject Property:
• Parcel ID#: 00517050-000000 and 00517060-000000
• Size: 10,000 square feet
• Tier Designation: Tier 1 —Natural Area
• Zoning Designation: Suburban Residential (SR)
• Future Land Use Map Designation: Residential Low (RL)
• Vegetation: Tropical hardwood hammock
• Acquisition List Qualification: This property qualifies because it is Tier 1.
• Florida Forever Boundary: This property is inside the Florida Forever boundary.
• Transferrable Development Rights (TDRs): 0.115 TDR
Packet Pg. 1949
G.9
• Cost per TDR: $434,783
• ROGO Dedication Points: 2 points
• Cost per ROGO Dedication Point: $25,000
The subject property could potentially be sold to the State of Florida, which would result in some or
all of the acquisition costs being reimbursed.
ADVISORY COMMITTEE ACTION: On December 14, 2022 the Committee voted 4/0 to
recommend purchasing this property for the price of$50,000.
PREVIOUS RELEVANT GOVERNING BOARD ACTION: The Board has approved the
purchase of other conservation properties in this subdivision.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Aerial Photograph
Property Record Card
Purchase Agreement
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:
Packet Pg. 1950
G.9
REVIEWED BY:
Mark Rosch Completed 12/16/2022 12:04 PM
Christine Hurley Completed 12/16/2022 12:55 PM
Lindsey Ballard Completed 12/19/2022 10:33 AM
Board of County Commissioners Pending 01/18/2023 9:00 AM
Packet Pg. 1951
G.9.a
Aerial Photograph of Subject Property
Block 6, Lots 29 and 30, Bay Haven Section 2
Key Largo
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12/8/22,3:14 PM gPublic.net-Monroe County,FL-Report:00517050-000000
rug it . f' Monroe County, FL
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of
fulfilling its responsibility to secure ajustvaluation for ad valorem tax purposes of all property within the County.The
Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data
provided regarding one tax year may not be applicable in prior or subsequent years.By requesting such data,you
hereby understand and agree that the data is intended for ad valorem tax purposes only and should not be relied on for
any other purpose.
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By continuing into this site you assert that you have read and agree to the above statement.
Summary
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Parcel ID 00517050-000000 9=
Account# 1636304 O
Property ID 1636304 L)
MillageGroup Soop O
Location Address VACANT LAND,KEY LARGO
Legal Description BK 6 LT 29 BAY HAVEN SEC 2 13132-34 KEY LARGO E6-261 OR878-1581 OR1374-818/19 OR1632-1678/79 OR1632-1680/84/AFF OR2197- M
1846/1870DEC OR2312-1281/83DEC OR2891-1055/56 OR2897-1977/78C OR3027-2358
III14ot IINot to be uused on Ilegaall docu iii-rent.)
Neighborhood 1737
Property Class VACANT RES(0000) C1
Subdivision BAY HAVEN SEC 2
Sec/TWp/Rng 14/62/38 0
O
Affordable No
Housing
LO
Owner
Apt7 SE 15th St M
777
Fort Lauderdale FL 33316
Valuation
2022 Certified Values 2021 Certified Values 2020 Certified Values 2019 Certified Values
+ Market Improvement Value $0 $0 $0 $0
+ Market MiscValue $0 $0 $0 $0
+ Market Land Value $50 $50 $50 $50 N
= Just Market Value $50 $50 $50 $50
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= Total Assessed Value $50 $45 $41 $37 ®!
School Exempt Value $0 $0 $0 $0
= School Taxable Value $50 $50 $50 $50 119
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Land
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL DRY UNPERMITTED(01DM) 1.00 Lot 50 100 )
Sales O
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Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee
6/6/2020 $0 Quit Claim Deed 2270222 3027 2358 30-Unqualified Improved
2/2/2018 $100 Quit Claim Deed 2154844 2891 1055 30-Unqualified Improved NALL JAMES DEWAYNE
4/1/1983 $0 Warranty Deed 878 1581 M-Unqualified Vacant CL
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https://gpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=729702113&KeyVal Packet Pg. 1953
12/8/22,3:14 PM gPublic.net-Monroe County,FL-Report:00517050-000000
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https://gpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=729702113&KeyVal Packet Pg. 1954
12/8/22,3:17 PM gPublic.net-Monroe County,FL-Report:00517060-000000
rug it . f' Monroe County, FL
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of
fulfilling its responsibility to secure ajustvaluation for ad valorem tax purposes of all property within the County.The
Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data
provided regarding one tax year may not be applicable in prior or subsequent years.By requesting such data,you
hereby understand and agree that the data is intended for ad valorem tax purposes only and should not be relied on for
any other purpose.
0
By continuing into this site you assert that you have read and agree to the above statement.
Summary
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Parcel ID 00517060-000000 9=
Account# 1636312 O
Property ID 1636312 L)
MillageGroup Soop O
Location Address VACANT LAND,KEY LARGO
Legal Description BK 6 LT 30 BAY HAVEN SEC 2 13132-34 KEY LARGO E6-261 OR878-1581 OR1374-818/19 OR1632-1678/79 OR1632-1680/84/AFF OR2197- M
1846/1870DEC OR2312-1281/83DEC OR2891-1055/56 OR2897-1977/78C OR3027-2358
III14ot IINot to be uused on Ilegaall docu iii-rent.)
Neighborhood 1737
Property Class VACANT RES(0000) C1
Subdivision BAY HAVEN SEC 2
Sec/TWp/Rng 14/62/38 0
O
Affordable No
Housing
LO
Owner
Apt7 SE 15th St M
777
Fort Lauderdale FL 33316
Valuation
2022 Certified Values 2021 Certified Values 2020 Certified Values 2019 Certified Values
+ Market Improvement Value $0 $0 $0 $0
+ Market MiscValue $0 $0 $0 $0
+ Market Land Value $50 $50 $50 $50 N
= Just Market Value $50 $50 $50 $50
O
= Total Assessed Value $50 $45 $41 $37 ®!
School Exempt Value $0 $0 $0 $0
= School Taxable Value $50 $50 $50 $50 119
O
Land
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL DRY UNPERMITTED(01DM) 1.00 Lot 50 100 )
Sales O
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Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee
6/6/2020 $0 Quit Claim Deed 2270222 3027 2358 30-Unqualified Improved
2/2/2018 $100 Quit Claim Deed 2154844 2891 1055 30-Unqualified Improved NALL JAMES DEWAYNE
4/1/1983 $2,700 Warranty Deed 878 1581 M-Unqualified Vacant CL
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View Tax Info ,
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https://gpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=1911464222&Keyv Packet Pg. 1955
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https://gpubIic.schneidercorp.com/Application.aspx?AppID=605&LayeriD=9946&PageTypeID=4&PageID=7635&Q=1911464222&Keyv Packet Pg. 1956
G.9.c
AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this day of 2022, by
and between
J. DeWayne Nall
(hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and c
assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter M
2.1
"Land Authority") acting by and through the Executive Director of the LAND AUTHORITY.
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WITNESSETH: U
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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 $50,000.00 for all of the
lands and other interests, which lands shall include all tenements, hereditaments, together with all C;
water and other rights, easements, appurtenances, and any and all of the Seller's rights in or a
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 6, Lots 29 and 30, Bay Haven Section 2 (PB 2-34)
Parcel ID# 00517050-000000 and 00517060-000000
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, U)
telephone, telegraph, power transmission lines and public utilities. 0
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 2
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 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. 1957
G.9.c
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 c
any and all claims against the LAND AUTHORITY, Monroe County, or the State of Florida
associated with, or arising from ownership of, said lands and this waiver shall survive closing.
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5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the LAND c?
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, C;
occupation, protection and administration of lands. a
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6. In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and
other interests at the price of $50,000.00. 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 0
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.
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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:
1777 SE 15th Street with a copy to: Barbara Eads
Apt 404 Barbara Eads Realty, Inc.
Ft. Lauderdale, FL 33316 barbara@keysforsale.com
2
Packet Pg. 1958
G.9.c
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. c
12. The effective date of this Agreement (hereinafter"Effective Date") shall be that date when the last
one of the Seller(s) and the LAND AUTHORITY has signed this Agreement. a
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13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until December 12, 2022
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 parties acknowledge that each shall be released of all C;
further obligations under this Agreement. In the event this transaction has not closed within one a
hundred eighty (180) days from the Effective Date, then either party may terminate this Agreement
at any time thereafter by providing written notice, in which case the parties acknowledge that each
shall be released 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).
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Seller/ J. DeWayne Nall 0
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Signature Date Phone Number Email Address M
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
12022.
MONROE COUNTY COMPREHENSIVE U)
PLAN LAND AUTHORITY
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(Seal)
Christine Hurley, Executive Director
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3
Packet Pg. 1959