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Item G07 G7 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting January 31, 2024 Agenda Item Number: G7 2023-1918 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 2 property for conservation - Block 4, Lots 20 and 21, Doctors Arm First Addition on Big Pine Key near mile marker 30 from Deborah J. Casino, as Personal Representative of the Estate of Betty Lou Bruner a/k/a Betty Lou Shrouder for the price of$140,000. 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 is located on Malaga Lane on the bay side of Big Pine Key. Purchase Price and Estimated Closing Costs: • Purchase Price: $140,000.00 • Cost of Appraisal: $750.00 • Cost of Survey: $0.00 • Title Fees &Insurance: $1,250.00 • Attorney Fee and Mobile Notary Fees: $725.00 • Recording Fees: $35.50 • Total Costs: $142,760.50 Attributes of the Subject Property: • Parcel ID#: 00311480-000000 and 00311490-000000 • Size: 10,000 square feet • Tier Designation: Tier 2 —Transition and Sprawl Reduction Area • Zoning Designation: Improved Subdivision (IS) • Future Land Use Map Designation: Residential Medium (RM) • Vegetation: Mapped as Developed Land 1789 • Acquisition List Qualification: This property qualifies because it is Tier 2. • Florida Forever Boundary: This property is outside the Florida Forever boundary. • Transferrable Development Rights (TDRs): 2 TDRs • Cost per TDR: $70,000 • ROGO Dedication Points: 4 points • Cost per ROGO Dedication Point: $35,000 ADVISORY COMMITTEE ACTION: On January 8, 2024 the Committee voted 4/0 to recommend purchasing this property for the price of$140,000. PREVIOUS RELEVANT BOCC ACTION: The Board has approved the purchase of other conservation properties in this subdivision. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Aerial Photograph.pdf Property Record Card.pdf Purchase Agreement.pdf FINANCIAL IMPACT: N/A 1790 Block 4, Lots 20 and 21, Doctors Arm First Addition Big Pine Key ui ror o P N f r 1io MINORCADR�J / 1t rryti�� 30800 30900MINORC / ql vfiA A r, 311 0 r 4 ��/ � YY, i �s��,� 1 l > � fa N�� y r�✓ram�k, J u;9N �134 1�9 w 00 '7 / f/2 „a ' Sc% 114fi g nr. yw° �� f /�"r/M ,�}i,, �' J r, y'/� � 6 "',�c,, M7^„' ,r✓i /, �l( " ��„to i J i i 1;7 y61 ?fir �� r 31230 D r '„; y � i r I v M � I ill � "�ti1 r r � .. r 1 P' r✓ ^, r �r51 7 y ec IG 3101130- 1791 12/5/23,4:15 PM gPublic.net-Monroe County,FL-Report:00311480-000000 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 00311480-000000 Account# 1383554 Property ID 1383554 MillageGroup 100H Location Address 30909 MALAGA Ln,BIG PINE KEY Legal Description BK4LT20DOCTORSARM SUB ISTADDN BIG PINE KEY PB4-149OR365-138 O R707-191 O R 1041-109 9 (II"tuutea 11Not to be used on lleg alll docuu n naMu tsj Neighborhood 597 "u Property Class VACANT RES(0000) Subdivision DOCTORS ARM 1ST ADD ✓%/' Sec/Twp/Rng 14/66/29 Affordable No n^ Housing a a � K " �- I � �5a4-20180211 Owner 21!N c�.uu:�l a li.�l�IIXu..2�-! ............................................................ 5426 Old Hickory Ln Fruitland Park FL 34731 Valuation 2023 Certified Values 2022 Certified Values 2021 Certified Values 2020 Certified Values + Market Improvement Value $0 $0 $0 $0 + Market MiscValue $0 $0 $0 $0 + Market Land Value $105,300 $88,400 $58,500 $32,500 = Just Market Value $105,300 $88,400 $58,500 $32,500 = Total Assessed Value $30,852 $28,047 $25,497 $23,179 School Exempt Value $0 $0 $0 $0 = School Taxable Value $105,300 $88,400 $58,500 $32,500 Historical Assessments Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability 2022 $88,400 $0 $0 $88,400 $28,047 $0 $88,400 $0 2021 $58,500 $0 $0 $58,500 $25,497 $0 $58,500 $0 2020 $32,500 $0 $0 $32,500 $23,179 $0 $32,500 $0 2019 $43,350 $0 $0 $43,350 $21,072 $0 $43,350 $0 2018 $43,775 $0 $0 $43,775 $19,156 $0 $43,775 $0 Fhe II Aamxiiu°iao,a rn II'°auau taallaiilluty us an estii-namte only and should not be ii ellil ed uu pauuua as the actuiaall pauau taallaifity anu°irouuiu rat.Contact ouiu°office to va.0 lity the actuaiaall pauau tallaifity amu°irouuiu rat. Land Land Use Number of Units Unit Type Frontage Depth RESI DENTIAL CANAL UN PERM ITTED(01CM) 5,000.00 Square Foot 50 100 View Tax Info tJ ew"IFsaxaas f oir tllaii s IPaarcelll ............................................................. Photos 1792 https://gpublic.schneidercorp.com/Application.aspx?Appl D=605&LayerID=9946&PageTypel D=4&Pagel D=7635&Q=724671779&KeyValue=00311480-... ., 12/5/23,4:15 PM gPublic.net-Monroe County,FL-Report:00311480-000000 I Icy � Map W , TRIM Notice /023 l I /i ,r lic 0:I,I)J:V. No data available for the following modules:Buildings,Yard Items,Sales,Permits,Sketches(click to enlarge). Trr;'.lii (.,i ty :1r„ �YA3p 1'f-r r iv,,, it;,,, i, ty,/'Ai I It I Ity ., Ctl by Schneider ur. „r,„,i ,. )ron�rty iiii. i iJ if i ity,,i 1„,,i it f./l p p ei�� :,,�,i�r„r GEOSPATIAL a;�n i,i,,ti, �lii�.� ii,,,ah�i «/r�i� /u�,'i�,' ,, ,�,t,l.i t iii,� �,i., �✓iris., �., '%I i, u_i.sc «+ ii Ii �,u i,rf;,q r ity« I./ r rw ti ice,,-1^„.i r,i,,,You.'If Ufa it IFiriiy,a.,yIPanlliiay I IFpIf IPiriiyqay q,, ,05,31dal 1793 https://gpublic.schneidercorp.com/Application.aspx?Appl D=605&LayerlD=9946&PageTypel D=4&Pagel D=7635&Q=724671779&KeyValue=00311480.... ..- 12/5/23,4:16 PM gPublic.net-Monroe County,FL-Report:00311490-000000 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 00311490-000000 Account# 1383562a Property ID 1383562 Millage Group 100H Location Address VACANT LAN MALAGA Ln,BIG PINE KEY Legal Description BK4LT21DOCTORSARM SUB 1STADDN BIG PINE KEY PB4-149OR365-138 O R707-191 O R 1041-109 9 (II"totl eu 11Not to be used on Mega all docuu n nu:nt j Neighborhood 597 Property Class VACANT RES(0000) Subdivision DOCTORS ARM 1ST ADD Sec/Twp/Rng 14/66/29 Affordable No Housing 1383562-20160211 Owner 21!N c�.uu:E li.�l�11Ku 2. 1 ............................................................ 5426 Old Hickory Ln Fruitland Park FL 34731 Valuation 2023 Certified Values 2022 Certified Values 2021 Certified Values 2020 Certified Values + Market Improvement Value $0 $0 $0 $0 + Market MiscValue $0 $0 $0 $0 + Market Land Value $105,300 $88,400 $58,500 $32,500 = Just Market Value $105,300 $88,400 $58,500 $32,500 = Total Assessed Value $30,852 $28,047 $25,497 $23,179 School Exempt Value $0 $0 $0 $0 = School Taxable Value $105,300 $88,400 $58,500 $32,500 Historical Assessments Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability 2022 $88,400 $0 $0 $88,400 $28,047 $0 $88,400 $0 2021 $58,500 $0 $0 $58,500 $25,497 $0 $58,500 $0 2020 $32,500 $0 $0 $32,500 $23,179 $0 $32,500 $0 2019 $43,350 $0 $0 $43,350 $21,072 $0 $43,350 $0 2018 $43,775 $0 $0 $43,775 $19,156 $0 $43,775 $0 Fhe IIA aAr ni,air n IfauuatmallaiiIIuty us an estii--Qatar only and should not be aatolliled uupauuua as the rractuirrall pauautaaIlaiiIliac au°irnou nt.Contact ouiu°office to va.u.litythe rractuairraII pauautoIlaiiIliac rrau°irnou nt. Land Land Use Number of Units Unit Type Frontage Depth RESI DENTIAL CANAL UN PERM ITTED(01CM) 5,000.00 Square Foot 50 100 View Tax Info tJ ew"IFsaxals f oir tllaii s IPaarcelll ............................................................. Photos 1794 https://gpublic.schneidercorp.com/Application.aspx?Appl D=605&LayeriD=9946&PageTypel D=4&Pagel D=7635&KeyValue=00311490-000000 ., 12/5/23,4:16 PM gPublic.net-Monroe County,FL-Report:00311490-000000 i Jr J� %u�➢P .. Map `II ia�°Y9" iw 'i w I � TRIM Notice /ll 2°f l I /i ,r iic 0:I'I)J:V. No data available for the following modules:Buildings,Yard Items,Sales,Permits,Sketches(click to enlarge). T r;'.lii ,rat i ,T1 �r„ ,YAp 1'f", rA4Criv,,, it;,,, i, i , rvy/'it itur-,fiIty ., ',l by Schneider ur. „r,„,i ,. , ,�rty iJ if i ity,,i r IA'„, 1„,,i it „, f./l p„ el fr„r GEOSPATIAL ii I, �,u,,rf;+q r ity« I./ r rw ti i,r,,-1^„.i ,,i,,,You'If 'rDy Ufa it IFiriiy,a,,yIPanlliiay I IFpIf IPiriiyqay q,, L r ,IG U roll n rc„ ;V°! b9 P, P5'P W 1795 https://gpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&KeyValue=00311490-000000 — AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this day of , 20237 by and between Deborah J. Casino, as Personal Representative of the Estate of Betty Lou Bruner a/k/a Betty Lou Shrouder (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 $140,000.00 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 4, Lots 20 and 21, Doctor's Arm 1st Addition (PB 4-149) Parcel ID# 00311480-000000 and 00311490-000000 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 1 1796 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 $140,000.00. 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: 6221 Funston Street Hollywood, FL 33023 2 1797 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 December 6, 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/ Deborah J. Casino, as Personal Representative of the Estate of Betty Lou Bruner a/k/a Betty Lou Shrouder 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 3 1798