Item G12 G12
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
October 18, 2023
Agenda Item Number: G12
2023-1590
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 1 property for conservation
and a ROGO exemption for affordable housing: Block 8, Lots 1, 2, 15, 16, 17, and adjacent filled bay
bottom, Palm Villa on Big Pine Key near mile marker 31 from Vu Luong and Vien Vo for the price of
$750,000.
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 and to secure a Transferable ROGO Exemption that will be
transferred offsite to develop a Tier 3 lot with affordable housing.
The subject property is located at 30447 Oleander Boulevard on the bay side of Big Pine Key. One of
the lots was previously developed with a dwelling unit and is therefore ROGO exempt.
Purchase Price and Estimated Closing Costs:
• Purchase Price: $750,000.00
• Cost of Appraisal: $10,050.00
• Cost of Survey: $0.00
• Title Fees &Insurance: $4,300.00
• Attorney Fee and Mobile Notary Fees: $725.00
• Recording Fees: $35.50
• Total Costs: $765,110.50
Attributes of the Subject Property:
• Parcel ID#: 00278950-000000
• Size: 1.22 acres
• Tier Designation: Tier 1 —Natural Area
• Zoning Designation: Improved Subdivision (IS)
3208
• Future Land Use Map Designation: Residential Medium (RM)
• Vegetation: Developed and undeveloped land.
• Acquisition List Qualification: This property qualifies because it is Tier 1.
• Florida Forever Boundary: Lots 1 and 2 of this property are inside the Florida Forever boundary.
We may apply to add the remaining lots back into Florida Forever, as they were within the
boundary in the past.
• Transferrable Development Rights (TDRs): 5 TDRs
• Cost perTDR: $150,000
• ROGO Dedication Points: 10 points
• Cost per ROGO Dedication Point: $75,000
Once the subject property is acquired, its ROGO exemption will be transferred to an affordable housing
site to be determined. Some or all of the residual subject property could then potentially be sold to the
State of Florida which would result in some of the acquisition costs being reimbursed.
ADVISORY COMMITTEE ACTION: On September 27, 2023 the Committee voted 4/0 to
recommend purchasing this property for the price of$750,000.
PREVIOUS RELEVANT BOCC 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.pdf
Property Record Card.pdf
Purchase Agreement.pdf
FINANCIAL IMPACT:
N/A
3209
Block 8, Lots 1, 2, 15, 16, 17, and adjacent filled bay bottom
Palm Villa, Big Pine Key
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Monroe County, FL
Disclaimer
The Monroe County Property Appraiser's office maintains data on propertywithin 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 00278950-000000 11r�ipl
Account# 1350966 �
Property ID 1350966 /,- °/ "`
MillageGroup 100H
Location 30447OLEANDER Blvd,BIG PINE KEY
Address
Legal LTS 1-2&15-16-17 BILK 8&ADJ FILLED BAY BTM PALM VILLA BIG PINE KEY PB1-89
Description OR116-97 OR210-409 OR265-393194 OR302-156 OR596-80 OR731-103 OR731-
104 OR796-893 OR879-1948 OR915-1523 OR993-1462 OR1154-634/35 OR1199-
1463M/L OR1293-2004 OR1293-2005 OR1583/1553/54 OR2638-832/33 OR3112-
0760 ,
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(II"Jotea II"Jott to IP)e iiiisera aaua Illegaall doc uiiauv iiit,)
Neighborhood 581 aw
Property Class VACANT RES(0000)
Subdivision PALM VILLA 71Qu J
Sec g 23/66/29
Affordable
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Housing
Owner
p-UPM Yu �rc�rpl u�
702 E Adams St 702 E Adams St
Port Isabel TX 78578 Port Isabel TX 78578
Valuation
2023 Preliminary
Values 2022 Certified Values 2021 Certified Values 2020 Certified Values
+ Market Improvement Value $0 $0 $0 $0
+ Market MiscValue $40,682 $41,712 $6,240 $6,400
+ Market Land Value $922,579 $562,426 $351,509 $298,023
= Just Market Value $963,261 $604,138 $357,749 $304,423
= Total Assessed Value $664,552 $604,138 $357,749 $144,547
School Exempt Value $0 $0 $0 ($25,000)
= School Taxable Value $963,261 $604,138 $357,749 $119,547
Historical Assessments
Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability
2022 $562,426 $0 $41,712 $604,138 $604,138 $0 $604,138 $0
2021 $351,509 $0 $6,240 $357,749 $357,749 $0 $357,749 $0
2020 $298,023 $0 $6,400 $304,423 $144,547 $25,000 $119,547 $159,876
2019 $298,023 $0 $6,560 $304,583 $141,298 $25,000 $116,298 $163,285
2018 $311,831 $0 $5,544 $317,375 $138,664 $25,000 $113,664 $178,711
FheIIArrmAnniiuinII°aaaa°Jaallaii11utlyu;aanest inate only and slmuld not lan".a°aMIIlleduupoiiaaas the rracuirrallpaaau°Jaallaiil15tyasu°inoiiaintJ Contact ouiu°office toveii1ifytherraaluirrallpaaau°0llpiil15tyaau°inount,
Land
Land Use Number of Units Unit Type Frontage Depth
RES WATERFRONT UNPERMITTED(01WM) 34,625.00 Square Foot 0 0
PERMITTED SFR DRY(011313) 12,500.00 Square Foot 100 125
RESIDENTIAL DRY UNPERMITTED(01DM) 6,250.00 Square Foot 50 125
Yard Items
Description Year Built Roll Year Size Quantity Units Grade
WOOD DOCKS 2021 2022 5 x 103 1 515 SF 4
SEAWALL 2000 2015 2 x 120 1 240 SF 1
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Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee
7/9/2021 $649,000 Warranty Deed 2329979 3112 0760 01-Qualified Vacant
4/23/2013 $475,000 Warranty Deed 2638 832 02-Qualified Improved
1/1/1985 $1 Warranty Deed 933 1462 M-Unqualified Vacant
Permits
Number : Date Issued Date Completed Amount : Permit Type Notes
21102420 8/5/2021 8/6/2021 $100 Residential RECONNECT/SAFETY ELECTRICAL INSPECTION ONLY.-TEMRPOLE
17105819 11/2/2017 11/7/2017 $15,000 Residential DEMOENTIRE HOUSE,SLAB&FOUNDATION(HURR.IRMA)
15101977 4/22/2015 4/27/2015 $4,500 Residential REPLACE 2 TON AIR HANDLER&CONDENSER
14105426 12/18/2014 6/15/2015 $27,000 Residential REPLACE ALL WINDOWS AND DOORS
14100483 2/18/2014 8/7/2014 $4,800 Residential REMOVE/REPLACE AIR CONDITIONING HANDLER AND CONDENSER
98102826 2/5/1999 12/30/1999 $1 Residential DOCKS
98102756 12/14/1998 12/13/1999 $4,000 Residential ROOFING
98100861 6/1/1998 11/17/1998 $2,450 Residential CENTRALA/C
95100653 5/1/1995 12/1/1995 $1,500 Residential SCREEN PORCH
95100654 5/1/1995 12/1/1995 $4,000 Residential PLUMBING
93105708 2/1/1993 12/1/1993 $2,400 Residential STAIRS
91103804 12/1/1991 12/1/1992 $1 Residential DRIVEWAY
91-2342 3/1/1991 12/1/1991 $575 Residential FENCE
A-16679 12/1/1986 12/1/1986 $4,000 Residential STUCCOSIDING
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
Vu Luong and Vien Vo
(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 $750,000.00 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:
Big Pine Key property more particularly described in Exhibit A, including rights to the
property's ROGO exempt unit.
Parcel ID# 00278950-000000
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
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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, 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 $750,000.00. 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 the RV, cargo trailer, and yellow semi-trailer 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:
702 E. Adams Street with a copy to: Baris Leyla
Port Isabel, TX 78578 Coastal Collection Real Estate
baris.leyla@gmail.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 September 26, 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. In the event this transaction has not closed within one
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).
Seller/ Vu Luong
Signature Date Phone Number Email Address
Seller/ Vien Vo
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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EXHIBIT A
Lot It 2, 15, 16 and 17, Block 8, PALM VILLA, amording to the plat thoreof as, mord'ed in Plat
Book, 1, Page(s) 99, Public Records of Monroe Covinty, F14trido, including all improwInCIAS thereDn
and riparian rights ap ports vaot thvrew,,
TOGETRER WITH,all Oned lands lying between an extension, of the side lot lines of Lots I and 2,
Black ft, PALM VILLA,and extending to Pime.Key Channet a/k/a bogie Chanhtt.
3217