Item Q3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMI\1ARY
Meeting Date: May 20 (Key Largo)
Division: _ County Attornev
Bulk Item: Yes ----X- No
Suzanne Hutton
Staff Contact PersonjPhone #: X3470
AGENDA ITEM WORDING: Approval of acceptance of $12,000 offer to purchase Lot 60, Conch
Key, finding in accordance with Planning Director opinion that there is no beneficial use of property to
anyone other than adjacent property owners, direction to staff to provide the statutory notice to the
adjacent property owners, and approval for the mayor and clerk to execute a quitclaim deed (dated after
expiration of statutory notice period) for same upon the tendering of a cashier's check for $12,000,
contingent upon all recording costs being borne by the purchaser.
ITEM BACKGROUND: The owners of Nichols Seafood have been inquiring for several years as to
potential purchase of Lot 69, which is abutted only by the 2 lots which they already own and for which
the County never developed any use. Prior to the tax. roll year 2008, the Property Appraiser's valuation
of the property precluded disposal by any mechanism other than putting the property out for bid. The
current valuation is $12,000, under the $15,000 threshold requiring such a process. The Planning
Director has opined that the property has no beneficial use to anyone other than the adjacent property
owner. Those two criteria render it possible for sale of property directly to adjacent property owner
without placing the property for bid, per F.S. 125.35(2).
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:$O INDIRECT COST: $400 (est. staff time) BUDGETED: Yes X No
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes -X- No AMOUNT $12.000
APPROVED BY: County AttY~MB!PurchaSing _ Risk Management_
DOCUMENTATION:
Included
Not Required_
DISPOSITION:
Revised 1/09
AGENDA ITEM #
This instrument prepared by,
or under the direction of,
Suzanne A. Hutton. Esq.
FBN 336122
Office of County Attorney
P.O.Box 1026
Key West, FI. 33041-1026
QUITCLAIM DEED
THIS INDENTURE, Made this 10th day of June. 2009, by and between the Board of County Commissioners
for Monroe County. Florida, Party of the First Part, whose address is 500 Whitehead Street, Key West, FI. 33040, to
Gary Nichols and Beth Nichols, Party of the Second Part.
WITNESSEm
WHEREAS, the Board of County Commissioners (BOCC) for Monroe County, Florida, has determined at a
meeting dated May 20,2009, that Lot 69, Conch Key, has no beneficial use to anyone other than the adjacent property
owners; and
WHEREAS, the current valuation of the lot by the Monroe County Property Appraiser is $12,000; and
WHEREAS, under Florida Statutes, Section 125.35(2), the BOCC may sell the property directly to the
adjacent property owners after giving notice by certified mail to adjacent property owners; and
WHEREAS, the conditions for such sale have been met;
NOW, THEREFORE, THIS INDENTURE WITNESSETH: That the Party of the First Part does hereby
remise, release and quitclaim unto the Party of the Second Part, and assigns, forever, all the right, title and interest of
the Party of the First Part to the property herein described, all that certain land situate in Monroe_County, Florida, viz:
Lot 69, Conch Key, according to the plat thereof as recorded in Plat
Book 2, page 130, in the Public Records of Monroe County, Florida.
TO HAVE AND TO HOLD, the said premises and the appurtenances thereof unto the Party of the Second
Part.
TO HAVE AND TO HOLD, the said premises and the appurtenances thereof unto the Party of the Second
Part.
IN WITNESS WHEREOF, the Party of the First Part has caused these presents to be signed in its name by its
Board of County Commissioners acting by the Mayor of said Board, the day and year first above written.
(OFFICIAL SEAL)
ATTEST:
DANNY L. KOLHAGE
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
By:
Deputy Clerk
Mayor
MONHOE COUNTY ATTORNEY
APPROVE~~~~
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Property Information for 1470015
Monroe County Property Appraiser
Property Information for:
Alternate Key: 1470015
RE Number: 00386280-000000
Property Details
Owner of Record
MONROE COUNTY FLA
500 WHITEHEAD STREET
KEY WEST FL 33040
Physical Location
CONCH KEY
Le2al Description
CONCH KEY PB 2-130 A SUB IN
FRACTIONAL SECS 14 & 15 TWP 65S RGE
34E LOT 69 0R214-426
Subdivision:
CONCH KEY
Section, Township, Ran2e
14 - 65 - 34
Affordable
Housin2
No
MiIla2e Group
510D
PC Code
COUNTIES OTHER THAN (PC/LIST)
Exemptions
Property Map
Amount
Exemption
14 - COUNTYLANDS
Land Details
Land Use Code
COMMERCIAL DRY
Tax Roll Year
Miscellaneous
Improvements
o
o
o
o
Building
2008
2007
2006
2005
o
o
o
o
12000
Frontage
60
Parcel Value History
Depth
40
Land Area
2400 SF
Land Just Assessed School School
Exempt Value Taxable
12,000 12,000 12,000 12,000 0
16,200 16,200 16,200 16,200 0
16,200 16,200 16,200 16,200 0
16,200 16,200 16,200 16,200 0
http;//www.mcpafl.orglold/record.asp(1 of 2) 1/20/2009 1:16:58 PM
Property Information for 1470015
2004 0 0 12,600 12,600 12,600 12,600 0
2003 0 0 12,600 12,600 12,600 12,600 0
2002 0 0 12,600 12,600 12,600 12,600 0
2001 0 0 12,600 12,600 12,600 12,600 0
2000 0 0 12,600 12,600 12,600 12,600 0
1999 0 0 12,600 12,600 12,600 12,600 0
1998 0 0 12,600 12,600 12,600 12,600 0
1997 0 0 12,600 12,600 12,600 12,600 0
1996 0 0 12,600 12,600 12,600 12,600 0
1995 0 0 12,000 12,000 12,000 12,000 0
1994 0 0 12,000 12,000 12,000 12,000 0
1993 0 0 12,000 12,000 12,000 12,000 0
1992 0 0 12,000 12,000 12,000 12,000 0
1991 0 0 12,000 12,000 12,000 12,000 0
1990 0 0 11,400 11,400 11,400 11,400 0
1989 0 0 11,400 11 ,400 11,400 11 ,400 0
1988 0 0 7,236 7,236 7,236 7,236 0
1987 0 0 7,236 7,236 7,236 7,236 0
1986 0 0 7,236 7,236 7,236 7,236 0
1985 0 0 6,566 6,566 6,566 6,566 0
1984 0 0 6,566 6,566 6,566 6,566 0
1983 0 0 6,566 6,566 6,566 6,566 0
1982 0 .0 6,566 6,566 6,566 6,566 0
Parcel Sales History
There are no sales for this parcel.
http://www.mcpafl.orglold/record.asp (2 of 2) 1120/2009 1:16:58 PM
p NO STRESS It'
~OPERTY MAJJAGE.~t~/~ .
INC.
Phone 305-852-9607/Fax 305-852-9609
REeF!
MONROE COUW)'v c\ .~ C
, . nl JORNEY
Property Management; Construction Management; Project Management; Permit
Expediting; Building and Code Consultant
April 23,2009
Suzanne Hutton
County Attorney
Monroe County
PO Box 1026
Key West, FI 33041
RE: Conch Key Property Lot 69 RE 00386280.000000
Dear Ms. Hutton:
Please be advised that the undersigned is the agent for Gary and Beth Nichols, the current
owners of properties located at Lot 48 and Lot 51, Conch Key Subdivision. They are interested in
purchasing the property, currently owned by Monroe County, more particularly described as Lot
69 RE 00386280.000000.
Pursuant to your email of April 13, 2009 Florida Statute Section 125.35(2) allows my clients
to ask for this transaction be had. Please see attached emai!. Also attached is a letter dated
January 28, 2009 from Townsley Schwab who states that "... lot 69 has a minimal value to the
County and would only be beneficial to the owner's of contiguous Lots 48 & 51". My clients
would like to offer the County the appraised purchase price of Twelve Thousand Dollars
($12,000.00) to consummate the acquisition of the above same.
Accordingly, please forward this letter with the attachments to the BOCC for their review
to be placed on the agenda.
Please contact me at your soonest convenience to discuss further.
~(-
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Cc:
Gary & Beth Nichols
Townsley Schwab
No Stress Property'Management, Inc.
Physical Address: 88888 Overseas Highway TavEi!\"l;Il\?r, FI33070
Mailing Address: 144 Apache St. n:.IVetnierfl.33070
nostressdon@bellsoutn.net
don
From: Hutton-Suzanne [Hutton-Suzanne@MonroeGounty-FL.Gov]
Sent: Monday, April 13, 200912:59 PM
To: nostressdon@bellsouth.net
Subject: RE: Nichols Seafood
Attachments: AK 1470015Prop next Nichols Seafood Prop Rec Gaed.pdf
Don,
Sorry it has taken so long to respond. Fortunately, between the Planning Director's statement that the lot
has beneficial value only to the adjacent lot owners and the current Property Appraiser's value, less than
$15,000, the property qualifies for disposal under F.S. 125.35(2). If your clients wish to purchase the
property, they need to make a formal request for the SOGe to consider a private sale to them at whatever
price they propose. If they can do so before May 1 st, I can put the item on the soee agenda for the May
20 meeting. We will have to, if the soee says OK, send notice to adjacent property owners - I know, that
appears to be only your clients, so I can probably wrap the whole shebang into one agenda item inclusive
of authorization for the mayor to execute the deed if there is no objection from any adjacent property
owners within 10 working days after the date showing receipt of certified mail. We have faced this issue
before where the adjacent property owner wanted the property for less than the appraised value of the PA
and the proposed purchase didn't get processed, so, a word of caution may be in order when talking to
your clients.
Suzanne A. Hutton
County Attorney
Monroe County
PO Box 1026
Key West, FI. 33041-1026
305-292-3470
County of Monroe
Growth Management Division
Plannine: & Environmental Resources
Department
2798 Overseas Highway, Suite 410
Marathon, FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor George Neugent, Dist. 2
Mayor Pro Tern Sylvia J. Murphy, Dist. 5
Kim Wigington, Dist. 1
Heather Carruthers, Dist. 3
Mario Di Gennaro, Dist. 4
We strive to be caring, professional and fair
January 28,2009
Don Horton
,. No Stress Property Management
144 Apache Street
Tavernier, FL 33070
Mr. Horton,
The following information is presented to you in response to your inquiry to Suzanne Hutton,
County Attorney, concerning the purchase of Lot 69 (RE 00386280.000000) on Conch Key from
the County.
Lot 69 was platted in 1950 as part of the Conch Key Subdivision. The legal description is Lot
69, Sections 14 & 15, Township 65 South, Range 34 East, Conch Key Subdivision, PB2-130,
Conch Key, Monroe County, Florida. The lot is a 60-foot by 40-foot rectangle containing 2,400
square feet of land. The lot has a land use designation of Commercial Fishing Special District 16
(CSFD 16), a Future Land Use Map designation of Mixed Use/Commercial Fishing (MCF), and
a tier designation of Tier 3. The 2008 property card from the Monroe County Property
Appraiser's office lists the assessed value as $12,000.
The setbacks for the CFSD District are as follows: front yard - 25 feet; rear yard - 20 feet; and
side yard - 10/15 feet (where 10 feet is the required side y'!IdfoLOn.t:: side and 15 feet is the
minimwn combined total of both side yards).. .
Based on the information above, one residential dwelling unit could be allocated to and
constructed on the platted lot; how~ver, due to the size of the lot and the twenty percent open
space requirement, a building of minimal square footage could be built. While factoring in the
setbacks and open space, it appears that an approximate 300 square foot building footprint could
be built.
It appears Lot 69 has minimal value to the County and would only be beneficial to the owner's of
contiguous Lots 48 and 51, Gary and Beth Nichols. They are also the owners of Nichols
Seafood and could potentially aggregate Lot 69 with Lot 48 or Lot 51 to benefit the commercial
fishing operation or a residential use that could potentially be built in the future.
Page 1 of2
We trust that this information is of assistance. If you have any questions regarding the contents
of this letter, or if we may further assist you with your project, please feel free to contact our
Marathon office at (305)289-2500.
~Ce~yy~ " .:. /
~~~. ~7/k~#
Townsley Swab,
Acting S 'ior Director Planning & Environmental Resources
Page 20f2