Item G09 G9
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
September 20, 2023
Agenda Item Number: G9
2023-1353
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley
9:25 AM
AGENDA ITEM WORDING: Approval of a contract to purchase Tier 3 property for conservation -
Block IA, Lots 5, 6, and 7, Amended Plat of Bay Harbor on Key Largo near mile marker 95 from
Michael E. Theiss for the price of$260,000.
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 three contiguous lots that are located at 109 North Bay Harbor Drive
on the bay side of Key Largo.
Purchase Price and Estimated Closing Costs:
• Purchase Price: $260,000.00
• Cost of Appraisal: $1,900.00
• Cost of Survey: $0.00
• Title Fees &Insurance: $1,850.00
• Attorney Fee and Mobile Notary Fees: $725.00
• Recording Fees: $35.50
• Total Costs: $264,510.50
Attributes of the Subject Property:
• Parcel ID#: 00489230-000000
• Size: 15,000 square feet
• Tier Designation: Tier 3 —Infill Area
• Zoning Designation: Improved Subdivision (IS)
• Future Land Use Map Designation: Residential Medium (RM)
• Vegetation: Tropical hardwood hammock.
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• Acquisition List Qualification: This property qualifies because it is Tier 3.
• Florida Forever Boundary: This property is outside the Florida Forever boundary.
• Transferrable Development Rights (TDRs): I TDR
• Cost per TDR: $260,000
• ROGO Dedication Points: 5 points
• Cost per ROGO Dedication Point: $52,000
ADVISORY COMMITTEE ACTION: On August 30, 2023 the Committee voted 4/0 to recommend
purchasing this property for the price of$260,000.
PREVIOUS RELEVANT BOCC ACTION:
The Board has approved the purchase of other conservation properties near this site (in Bay Haven
subdivision).
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Aerial Photograph.pdf
Property Record Card.pdf
Purchase Agreement.pdf
FINANCIAL IMPACT:
N/A
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Block 1A, Lots 5, 6, and 7, Amended Plat of Bay Harbor
Key Largo
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7/21/23,9:12 AM gPublic.net-Monroe County,FL-Report:00489230-000000
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.
By continuing into this site you assert that you have read and agree to the above statement.
Summary
Parcel ID 00489230-000000
Account# 1604291
Property ID 1604291
MillageGroup 500K
Location 109 N BAY HARBOR Dr,KEY LARGO
Address
Legal BKIALTS5,6,AND 7 AMENDED PLAT OF BAY HARBR KEY LARGO PB2-91
Description OR529-835ORS30-971OR821-1875OR824-1873OR1123-1456OR1403-934
OR1428-407 OR2081-1370 OR2087-1642Q/C OR2092-1711 OR2149-1535
(II"Jote:Not to be umed on Mega 111 docuaui°iroents.(
Neighborhood 1835
Property Class VACANT RES(0000)
Subdivision BAYHARBORAMD
Sec/Twp/Rng 13/62/38
Affordable No
Housing
Owner
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PO Box 370233
Key Largo FL 33037
Valuation
2023 Preliminary
Values 2022 Certified Values 2021 Certified Values 2020 Certified Values
+ Market Improvement Value $0 $0 $0 $0
+ Market MiscValue $4,255 $4,440 $4,625 $4,810
+ Market Land Value $376,200 $120,575 $92,750 $84,800
= Just Market Value $380,455 $125,015 $97,375 $89,610
= Total Assessed Value $229,480 $4,963 $4,512 $4,102
School Exempt Value $0 $0 $0 $0
= School Taxable Value $380,455 $125,015 $97,375 $89,610
Historical Assessments
Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability
2021 $92,750 $0 $4,625 $97,375 $4,512 $0 $97,375 $0
2020 $84,800 $0 $4,810 $89,610 $4,102 $0 $89,610 $0
2019 $83,475 $0 $4,995 $88,470 $3,729 $0 $88,470 $0
2018 $66,250 $0 $5,179 $71,429 $3,390 $0 $71,429 $0
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Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL DRY UNPERMITTED(01DM) 15,000.00 Square Foot 50 100
Yard Items
Description Year Built Roll Year Size Quantity Units Grade
CH LINK FENCE 2016 2017 6x30O 1 1800SF 1
CH LINK FENCE 2016 2017 5x140 1 700SF 1
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Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee
9/7/2005 $1 Warranty Deed 2149 1535 M-Unqualified Vacant
1/31/2005 $35,500 Warranty Deed 2081 1370 M-Unqualified Vacant
1/1/1981 $40 Warranty Deed 821 1875 U-Unqualified Vacant
Permits
Number Date Issued Date Completed Amount : Permit Type Notes
16304317 6/27/2016 7/13/2016 $6,000 Residential CHAIN LINK FENCES
View Tax Info
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AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this day of , 20237 by
and between
Michael E. Theiss
(hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and
assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter
"Land Authority") acting by and through the Executive Director of the LAND AUTHORITY.
WITNESSETH:
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 $260,000.00 for all of the
lands and other interests, which lands shall include all tenements, hereditaments, together with all
water and other rights, easements, appurtenances, and any and all of the Seller's rights in or
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 1A, Lots 5, 6, and 7, Amended Plat of Bay Harbor(PB 2-91)
Parcel ID# 00489230-000000
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,
telephone, telegraph, power transmission lines and public utilities.
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
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
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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
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.
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
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,
occupation, protection and administration of lands.
6. In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and
other interests at the price of $260,000.00. 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
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 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:
PO Box 370233 with a copy to: Terry Canto
Key Largo, FL 33037 American Caribbean Real Estate
terry@terrycanto.com
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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.
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.
13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until August 1, 2023 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
further obligations under this Agreement. Notwithstanding any provision of this Agreement to the
contrary, in the event this transaction has not closed by September 28, 2023, 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).
Seller/ Michael E. Theiss
Signature Date Phone Number Email Address
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
12023.
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(Seal)
Christine Hurley, Executive Director
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