Item E2LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Division:
Meeting Date: Land Authority
July 18, 2012
Bulk Item:Contact / Phone #:
Yes No X Mark Rosch / 295-5180
__________________________________________________________________________________
Agenda Item Wording:
Approval of a resolution authorizing the purchase of 21 parcels in Crains
subdivision for conservation and authorizing the subsequent conveyance of the property to the City of
Marathon subject to a conservation easement.
__________________________________________________________________________________
Item Background:
This acquisition is proposed to protect property rights and the natural environment.
The subject property is located within the City of Marathon and has been nominated by Marathon City
Council Resolution 2012-57.
The proposed resolution calls for the Land Authority to purchase the property and subsequently transfer
title to the City subject to a conservation easement. The property consists of 21 parcels totaling 3.3
acres in Crains subdivision on the bayside of Grassy Key near mile marker 58. Two of the lots are
zoned Residential Conservation (R-C) and consist of tropical hardwood hammock and exotic
vegetation. The balance of the property is zoned Conservation Native Area (C-NA) and consists of
saltmarsh, buttonwood, and mangrove wetlands as well as submerged land.
The owners have agreed to sell the property for $25,700.20. The estimated closing costs for
purchasing the property and conveying the property to the City are listed in the agenda documentation.
__________________________________________________________________________________
Advisory Committee Action:
On June 27, 2012 the Committee voted 5/0 to approve the proposed
resolution.
__________________________________________________________________________________
Previous Governing Board Action:
N/A
__________________________________________________________________________________
Contract/Agreement Changes:
N/A
__________________________________________________________________________________
Staff Recommendation:
Approval
__________________________________________________________________________________
Total Cost:Indirect Cost:Budgeted:
$ 27,071.20 $______ Yes X No .
Cost to Land Authority:Source of Funds:
$ 27,071.20 Land Authority
(Tourist Impact Tax and State Park Surcharge)
Approved By:
Attorney X County Land Steward X .
Documentation:
Included: X To Follow: Not Required: .
Disposition:
Agenda Item ____
PURCHASE CONTRAC
T
07/18/12
PurchaseTitleAttorneyRecordingTotal
PropertyPriceSurveyInsuranceFeeFeeCosts
Crains$25,700.20N/A$274.50$500.00$35.50$26,510.20
Block 30, Lots 10 and 11;
Block 37, Lot 5;
Block 44, Lots 2 - 13, and
the northwesterly 4 feet of Lots 1 and 14; and
Block 51, Lots 1, 2, 15 and 16
Sellers: Mitchell Appelrouth,
Constance P. Appelrouth,
Daniel Appelrouth,
Eileen Appelrouth Farr and
Stewart Appelrouth
DONATION TO MARATHON
07/18/12
PurchaseTitleAttorneyRecordingTotal
PropertyPriceSurveyInsuranceFeeFeeCosts
Crains$0.00N/A$0.00$500.00$61.00$561.00
Block 30, Lots 10 and 11;
Block 37, Lot 5;
Block 44, Lots 2 - 13, and
the northwesterly 4 feet of Lots 1 and 14; and
Block 51, Lots 1, 2, 15 and 16
RESOLUTION NO. ________
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING
THE PURCHASE OF 21 PARCELS IN CRAINS SUBDIVISION
FOR CONSERVATION AND AUTHORIZING THE SUBSEQUENT
CONVEYANCE OF THE PROPERTY TO THE CITY OF
MARATHON SUBJECT TO A CONSERVATION EASEMENT.
______________________________________________
WHEREAS, Lots 10 and 11, Block 30; Lot 5, Block 37; Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
and the northwesterly 4 feet of Lots 1 and 14, Block 44; and Lots 1, 2, 15, and 16, Block 51,
Crains, according to the plat thereof as recorded in Plat Book 1, Page 51 of the Public Records
of Monroe County, Florida (hereinafter "subject property") consist of environmentally sensitive
land located within the City of Marathon’s municipal boundary (hereinafter “City”); and
WHEREAS, the City Council has adopted Resolution 2012-57 nominating the subject property
for purchase by the Monroe County Comprehensive Plan Land Authority (hereinafter “Land
Authority”) as conservation land and requesting the Land Authority to transfer title to the City
subject to a conservation easement; and
WHEREAS, on June 27, 2012, the Land Authority Advisory Committee considered this
resolution and voted 5/0 to recommend approval; NOW, THEREFORE,
BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY:
Section 1. The subject property is hereby added to the Land Authority’s Acquisition List and the
Land Authority’s purchase of the subject property pursuant to the purchase agreement in
Attachment A is hereby approved.
Section 2. The Chairman is hereby authorized to execute a deed and associated closing
documents to convey title to the subject property as a donation to the City of Marathon and to
execute as Grantee the conservation easement in Attachment B.
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regular meeting on this ______ day of _________________, 2012.
Page 1 of 2
Chairman Kim Wigington _____
Vice Chairman Heather Carruthers _____
Commissioner Sylvia Murphy _____
Commissioner George Neugent _____
Mayor David Rice _____
(Seal)
ATTEST: MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
________________________ ________________________
Mark J. Rosch Kim Wigington
Executive Director Chairman
Approved as to Legal Form
________________________
Larry R. Erskine
Page 2 of 2
the defect(s), failing which the LAND AUTHORITY shall have the option of either accepting the
title as it then is or rescinding the Agreement herein; thereupon the LAND AUTHORITY and the
Seller(s) shall release one another of all further obligations under this Agreement. The Seller(s)
will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time
provided therefore, including the bringing of necessary suits.
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. It is further agreed that any loss or damage
occurring prior to the vesting of satisfactory title in the LAND 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
refuse, without liability, to accept conveyance of said lands, or it may elect to accept conveyance
upon an equitable adjustment of the purchase price.
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 proper 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
claims against the LAND AUTHORITY, City of Marathon, or Monroe County associated with, or
arising from ownership of, said lands 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 safe
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
$25,700.20
other interests at the price of . The LAND AUTHORITY further agrees that, after the
preparation, execution, delivery and recordation 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 by a check drawn on the account of the LAND
AUTHORITY. 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 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.
8. It is mutually understood and agreed that the LAND AUTHORITY may assign this Agreement.
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9. 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.
10. It is mutually understood and agreed that notice of acceptance of this Agreement shall be given to
the Seller(s) by mail addressed to the Seller(s) at the following address:
Mitchell Appelrouth
11805 Coat Bridge Lane
Richmond, VA 23238
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.
11. The property shall be delivered at closing free of any tenant or occupancy whatsoever.
12. The effective date of this Agreement shall be that date when the last one of the Seller(s) and the
LAND AUTHORITY has signed this Agreement.
April 6, 2012
13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until 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.
Mitchell Appelrouth
Seller/
________________________ ___________ __________________
Signature Date Phone Number
Constance P. Appelrouth
Seller/
________________________ ___________ __________________
Signature Date Phone Number
Daniel Appelrouth
Seller/
________________________ ___________ __________________
Signature Date Phone Number
Page 3 of 4
Eileen Appelrouth Farr
Seller/
________________________ ___________ __________________
Signature Date Phone Number
Stewart Appelrouth
Seller/
________________________ ___________ __________________
Signature Date Phone Number
The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its
EXECUTIVE DIRECTOR in accordance with Resolution 09-2004, has executed this Agreement on
behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this ______ day of
______________________, 2012.
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(Seal)
________________________________
Mark J. Rosch, Executive Director
Page 4 of 4
Attachment B
THIS INSTRUMENT PREPARED BY AND RETURN TO:
Larry R. Erskine, Esq.
1200 Truman Avenue, Suite 207
Key West, FL 33040
Property Appraiser’s Parcel Identification (Folio) Number:
00370090-000000, 00370100-000000, 00371200-000000,
00372260-000000 through 00372390-000000, 00373340-000000, 00373350-000000,
00373480-000000, and 00373490-000000
____________________________SPACE ABOVE THIS LINE FOR RECORDING DATA______________________
GRANT OF CONSERVATION EASEMENT
THIS GRANT OF EASEMENT is made on this ________ day of ________________, 2012, by
The City of Marathon, Florida
of 9805 Overseas Highway, Marathon, Florida 33050, Grantor,
Monroe County Comprehensive Plan Land Authority
to, a land authority under Section
380.0663 (1), Florida Statutes and Monroe County Ordinance No. 031-1986, whose address is
1200 Truman Avenue, Suite 207, Key West, Florida 33040, as Grantee.
A) The Grantor is the owner of certain real property (the servient estate) located in Monroe
County, Florida, more particularly described as Lots 10 and 11, Block 30; Lot 5, Block 37;
Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and the northwesterly 4 feet of Lots 1 and 14, Block
44; and Lots 1, 2, 15, and 16, Block 51, Crains, according to the plat thereof as recorded in
Plat Book 1, Page 51 of the Public Records of Monroe County, Florida.
B) This easement is a conservation easement created pursuant to Section 704.06, Florida
Statutes, and is to be governed by, construed, and enforced in accordance with that statute
along with applicable laws of the State of Florida.
1.Grant of easement.
In consideration for the sum of Ten and 00/100 Dollars ($10.00) and other good and
valuable considerations to said Grantor in hand paid by said Grantee, the receipt of
which is hereby acknowledged, the Grantor hereby grants to Grantee the easement
described below.
2.Easement area.
The location of the easement area on the servient estate is as follows: Lots 10 and 11,
Block 30; Lot 5, Block 37; Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and the northwesterly
4 feet of Lots 1 and 14, Block 44; and Lots 1, 2, 15, and 16, Block 51, Crains, according
to the plat thereof as recorded in Plat Book 1, Page 51 of the Public Records of Monroe
County, Florida.
3.Baseline conditions within easement area.
The Grantor acknowledges as of the date of this instrument the easement area is
undeveloped upland, wetland, and submerged land forested with tropical hardwood
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hammock, buttonwood, salt marsh, and mangrove vegetation with no clearing,
development, or structures of any kind.
4.Restraints imposed by the conservation easement.
The conservation easement granted by this instrument prohibits the following within the
easement area:
a) Construction or placing of buildings, roads, signs, billboards or other advertising,
utilities, or other structures on or above the ground.
b) Dumping or placing of soil or other substance or material as landfill or dumping or
placing of trash, waste, or unsightly or offensive materials.
c) Removal or destruction of trees, shrubs, or other vegetation except non-native
vegetation whose removal is authorized by the Grantee.
d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material
substance in such manner as to affect the surface.
e) Surface use except for purposes that permit the land or water area to remain
predominately in its natural condition.
f) Activities detrimental to drainage, flood control, water conservation, erosion control,
soil conservation, or fish and wildlife habitat preservation; specifically no suffering,
permitting, or allowing invasive exotic species of animals or plants to exist.
g) Acts or uses detrimental to such retention of land or water areas.
h) Transfer of development rights to or from the easement area.
5.Terms and persons bound.
This conservation easement is perpetual, runs with the land and is binding on all present
and subsequent owners and mortgagees of the servient estate. Grantor represents that
the mortgagee(s), if any, whose consent is attached hereto, is (are) the only
mortgagee(s) having a security interest in the servient estate.
6.Modification of easement.
No modification of this easement is binding unless evidenced in writing and signed by an
authorized representative of the Grantee.
7.Attorney's fees.
In the event of any controversy, claim or dispute arising under this instrument, the
prevailing party shall be entitled to recover reasonable attorney's fees and costs,
including appeals.
8.Entry of Grantee's representative on the servient estate.
The Grantee may enter upon the servient estate, after first furnishing the Grantor no less
than 24 hours notice, for the purpose of inspection to determine the Grantor's
compliance with this Grant of Easement.
9.Limitation on Liability for Personal Injury or Injury to Property.
The Grantor waives any rights the Grantor may have to bring a claim against Grantee for
personal injury or injury to property that is caused by the negligent action or inaction of
Grantee or an employee or agent of Grantee during the course of Grantee’s activity
related to this Grant of Easement. To the extent allowed by law, the Grantor is liable for
and must fully defend, release, discharge, indemnify and hold harmless the Grantee, its
officers and employees, agents and contractors, from and against any and all claims,
demands, causes of action, losses, costs and expenses of whatever type - including
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investigation and witness costs and expenses and attorneys’ fees and costs - that arise
out of or are attributable to the Grantor’s operations on the premises except for those
claims, demands, damages, liabilities, actions, causes of action, losses, costs and
expenses that are the result of the sole negligence of the Grantee. Grantor and Grantee
do not waive any of their sovereign immunity rights, including, but not limited to, those
expressed in Section 768.28, Florida Statutes.
10.Notice.
Any notice provided for or concerning this grant of easement must be in writing and is
sufficiently given when sent by certified or registered mail, or via an equivalent service
furnished by a private carrier, to the respective address of each party as set forth at the
beginning of this Grant of Easement.
IN WITNESS WHEREOF, Grantor grants the Conservation Easement above and executes this
instrument on the date first above written.
The City of Marathon, Florida
Grantor:
______________________________ ______________________________
Pete Worthington, Mayor
Witness #1 Signature By:
_____________________________
Witness #1 Printed Name
_____________________________
Witness #2 Signature
_____________________________
Witness #2 Printed Name
IN WITNESS WHEREOF, Grantee accepts the Conservation Easement granted above and
executes this instrument.
Monroe County Comprehensive
Grantee:
Plan Land Authority
______________________________ ______________________________
Kim Wigington, Chairman
Witness #1 Signature By:
_____________________________
Witness #1 Printed Name
_____________________________
Witness #2 Signature
_____________________________
Witness #2 Printed Name
Page 3 of 4
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this ________ day of ________________, 2012, by Pete
Worthington, Mayor of The City of Marathon, Florida who is personally known to me or has produced
___________________________________ as identification.
SEAL
Signature of Notary Public
My Commission Expires: Printed Name of Notary Public
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this ________ day of ________________, 2012, by Kim
Wigington, Chairman of the Monroe County Comprehensive Plan Land Authority who is personally known to me or
has produced ___________________________________ as identification.
SEAL
Signature of Notary Public
My Commission Expires: Printed Name of Notary Public
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