Loading...
Item G2LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date:Division: May 21, 2008 Land Authority Bulk Item:Contact / Phone #: Yes No X Mark Rosch / 295-5180 __________________________________________________________________________________ Agenda Item Wording: Approval of a contract to sell Parcel BBB, Summerland Key Properties to the United States of America for conservation. __________________________________________________________________________________ Item Background: This item is proposed to simplify stewardship activities and generate revenue while maintaining natural resource protection. The subject property is a 3.1-acre parcel located at the northern end of Niles Road on the bayside of Summerland Key. The property is zoned Native Area, is designated Tier 1, and consists of transitional and mangrove wetlands. The property provides access via bridge to Wahoo Key and has served as a launch site for kayakers going to Little Knockemdown Key. Both of these destinations include conservation lands managed by state or federal agencies. The proposed sale will assist the US Fish and Wildlife Service in managing access to the public lands on Little Knockemdown Key. The sales price of $31,300 corresponds to the property’s appraised value based on an appraisal commissioned by the US Fish and Wildlife Service. __________________________________________________________________________________ Advisory Committee Action: On April 30, 2008 the Land Authority Advisory Committee voted 4/0 to approve the sale of this property. __________________________________________________________________________________ Previous Governing Board Action: The subject property was purchased by the Land Authority on October 18, 1988 as part of a large transaction involving many other parcels. __________________________________________________________________________________ Contract/Agreement Changes: None. __________________________________________________________________________________ Staff Recommendation: Approval. __________________________________________________________________________________ Total Cost:Budgeted: N/A Yes No. Cost to Land Authority:Source of Funds: N/A N/A Approved By: Attorney X County Land Steward . Documentation: Included: X To Follow: Not Required: . Disposition: Agenda Item ____ SALES CONTRACT 05/21/08 SalesEnvr. Audit, SurveyTitleAttorneyRecordingNet PropertyPriceor Clean-upInsuranceFeeFeeProceeds Parcel BBB, $31,300.00N/AN/A$500.00N/A$30,800.00 Summerland Key Properties RE# 00114470-005400 Property Information for 1145149 Monroe County Property Appraiser Property Information for: Alternate Key: 1145149 RE Number: 00114470-005400 Property Details Owner of RecordProperty Map MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY 3706 N ROOSEVELT BLVD SUITE 1 KEY WEST FL 33040 Physical Location SUMMERLAND KEY Legal Description 23 66 28 SUMMERLAND KEYS PT LOT 7 (TRACT BBB) OR567-541-545Q OR669-834- 840 OR744-797-803 OR1079-268/269Q/C(JMH) OR1079-270(JMH) Section, Township, Range 23 - 66 - 28 Affordable No Housing Millage Group 120C PC Code COUNTIES OTHER THAN (PC/LIST) Land Details Land Use CodeFrontageDepthLand Area COUNTY000.92 AC TRANSITIONAL LANDS000.78 AC ENVIRONMENTALLY SENS001.6 AC COUNTY0.9 AC Parcel Value History MiscellaneousExemptions (not Tax Roll YearBuildingLandJustTaxable ImprovementsIncluding Seniors) 2007 00468,590468,590468,5900 2006 00468,140468,140468,1400 2005 00467,984467,984467,9840 2004 0053,98453,98453,9840 http://www.mcpafl.org/datacenter/search/record.asp (1 of 2)5/6/2008 5:44:52 PM Property Information for 1145149 2003 0053,98453,98453,9840 2002 0064,56464,56464,5640 2001 0064,56464,56464,5640 2000 0064,56464,56464,5640 1999 0064,56464,56464,5640 1998 0064,56464,56464,5640 1997 0064,56464,56464,5640 1996 0064,56464,56464,5640 1995 0064,56464,56464,5640 1994 0064,56464,56464,5640 1993 0064,56464,56464,5640 1992 0064,56464,56464,5640 1991 0064,56464,56464,5640 1990 0064,56464,56464,5640 1989 0064,56464,56464,5640 1988 0064,56464,564064,564 1987 0062,57562,575062,575 1986 0062,57562,575162,574 1985 0062,57562,575162,574 1984 0062,57562,575162,574 1983 0062,57562,575062,575 1982 0062,57562,575062,575 Parcel Sales History Note - Our records are typically two to three months behind from the date of sale. If a recent sale does not show up please give our office time to process it. Sale DateOfficial Records Book/PagePriceInstrument WD 01/19891079/2701 http://www.mcpafl.org/datacenter/search/record.asp (2 of 2)5/6/2008 5:44:52 PM LA-Florida National Key Deer NWR Monroe County Comprehensive Plan Land Authority Tract (4j) 3-1769C (Nov 1988) UNITED STATES DEPARTMENT OF THE INTERIOR U.S. FISH AND WILDLIFE SERVICE 1875 Century Boulevard, N.E. Atlanta, Georgia 30345 ßÙÎÛÛÓÛÒÌ ÚÑÎ ÌØÛ ÐËÎÝØßÍÛ ÑÚ ÔßÒÜÍ THIS AGREEMENT, made and entered into this day of ,Monroe County Comprehensive ________________ _______, by and between Plan Land Authority, whose address is 1200 Truman Avenue, Suite 207, Key West, Florida 33040, hereinafter styled the vendor, for itself, its administrators, UNITED STATES OF AMERICA successors, and assigns, and the , acting by and through the Secretary of the Interior or her authorized representative, under the Endangered Species Act of 1973. authority of the WITNESSETH: 1. In consideration of One Dollar ($1.00) in hand paid by the United States, the receipt of which is hereby acknowledged, the vendor agrees to sell to the United States certain lands upon the terms and conditions hereinafter set forth, and for the $31,300.00, Lump Sum, purchase price of for all of the lands and other interests herein agreed to be conveyed, which lands shall include all tenements, hereditaments, together with all water and other rights, easements, and appurtenances thereunto belonging, owned by it, situated and lying in Monroe 3.13 acres, County, Florida, consisting of more or less, and more particularly described as follows: Parcel BBB, Summerland Key Properties, as recorded on a map in Official Records Book 744, Page 801, Public Records of Monroe County, Florida. 2. The vendor agrees that it has full right, power, and authority to convey, and that it will convey to the United States the fee simple title 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, telephone, telegraph, power transmission lines and public utilities, and all other easements, covenants, conditions, and restrictions of record. 3. The vendor further agrees 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 United States of America by reason of the unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the vendor; and that, in the event any such loss or damage occurs, the United States 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 vendor further agrees that during the period covered by this instrument, officers and accredited agents of the United States 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. 5. The vendor will execute and deliver upon demand of the proper officials and agents of the United States, and without payment or the tender of the purchase price, a good and sufficient deed of warranty conveying to the United States a safe title to the said lands of such character as to be satisfactory to the Attorney General of the United States, 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 Secretary of the Interior governing the use, occupation, protection, and administration of areas under and in compliance with the Act of October 15, 1966 (80 Stat. 926), as amended. 6. In consideration whereof, the United States of America agrees that it will $31,300.00, purchase all of said lands and other interests at the purchase price of Lump Sum, the acreage to be ascertained by a survey to be made at the option and expense of the United States after reasonable notice to the vendor, and according to standard methods and procedures, or by recourse to the records of the Bureau of Land Management, or by both; and it further agrees that, after the preparation, execution, and delivery of the deed at no cost to the vendor, it will cause to be paid to the vendor the purchase price. The vendor agrees that the United States of America has the authority to disperse payments on vendor’s behalf to any mutually agreed-upon closing agent for performance of the closing services. The expenses of the vendor for recording fees, revenue stamps, transfer taxes, land survey, and similar expenses incidental to the conveyance of this property; and any amount paid as a penalty cost for prepayment of any pre-existing recorded mortgage entered into in good faith, encumbering such real property; as well as the pro rata share of prepaid real property taxes allocable to the period subsequent to the vesting of title in the United States, or the effective date of possession of such real property by the same, whichever is earlier; shall be subject to reimbursement as provided in Section 303 of the Act of January 2, 1971, 84 Stat. 1899. Full possession and use of the premises shall pass to the United States as of the date payment is made to the vendor subject only to the reservations stated in section 2 above. 7. It is understood and agreed that if the Secretary of the Interior determines that the title to said lands or any part thereof should be acquired by the United States by judicial proceedings, either to procure a safe title or, when it is in the public interest, to take immediate possession, or for any other reason, then the compensation to be claimed by the owner and the award to be made for said lands in said proceedings shall be upon the basis of the purchase price herein provided. 8. It is mutually agreed that an abstract, certificate of title, or other evidence of title to the property herein contracted to be sold, satisfactory to the Attorney General, will be obtained by the United States at its expense. 9. It is mutually understood and agreed that this contract shall not be assigned in whole or in part without the consent in writing of the United States. 10. It is further mutually agreed that no Member of or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract or agreement, or to any benefit to arise thereupon. Nothing, however, herein contained shall be construed to extend to any incorporated company, where such contract or agreement is made for the general benefit of such incorporation or company. 11. It shall be the obligation of the vendor to pay all taxes and assessments outstanding as liens at the date title vests of record in the United States, whether or not such taxes and assessments are then due and payable. 12. It is mutually understood and agreed that notice of acceptance of this MONROE agreement shall be given to the vendor by certified mail addressed to: COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, c/o Mark Rosch,whose address is 1200 Truman Avenue, Suite 207, Key West, Florida 33040 ; and shall be effective upon date of mailing and shall be binding upon all persons having an ownership interest without sending a separate notice to each, except as such obligation may be affected by the provisions of paragraph 7 hereof. 13. Acceptance of this agreement is contingent upon the results of a Contaminants Study. In the event that contaminants are found present on the site or on adjacent parcels, it will be at the discretion of the Service to either accept the property in the condition it is in, or to request that the vendor assume a responsible role in the removal or restoration of the property prior to a binding contract. If it is determined that the property is contaminated after a Study has been performed, but prior to final payment, the vendor will remain responsible to effect reasonable and satisfactory removal of the contamination or the vendor may chose to terminate this agreement. IN WITNESS WHEREOF, the vendor's representative has hereto signed its name and affixed the Corporate Seal on the day first above written, with the understanding that this agreement for purchase cannot be executed by the Secretary of the Interior or his authorized representative until after it is reported to him for his consideration, and therefore the vendor for and in consideration of the $1.00 hereinabove acknowledged as received, has and does hereby grant unto the United States of America by and through the Secretary of the Interior or his authorized representative, or any other officer or agency of the United States authorized to purchase said lands, the option and right to enter into this Agreement for Purchase within nine (9) months from the execution thereof by the vendor, and to purchase said lands as herein provided. In the presence of: Monroe County Comprehensive Plan Land Authority __________________________ Witness By: Its: ___________________________ Witness ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MONROE On this _________ day of _________________, ________, before me personally appeared ______________________________, who is the Monroe County Comprehensive Plan Land ________________________ of Authority known to me to be the person who is described in and who executed the within instrument on behalf of Monroe County Comprehensive Plan Land Authority, and acknowledged to me that he/she executed the same. My Commission Expires: ________________ _______________________________ Notary Public ACCEPTANCE The Secretary of the Interior, acting by and through his authorized representative, has executed this agreement on behalf of the United States of America on this day of, ________. THE UNITED STATES OF AMERICA By: __________________________________ Chief, Division of Realty U.S. Fish and Wildlife Service