Item G09 G9
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
July 17, 2024
Agenda Item Number: G9
2023-2545
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 3A property for conservation
- Block 3, Lot 1, Harris Ocean Park Estates on Key Largo near mile marker 93 from Key Largo Reef,
LLC for the price of$130,000.
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 at the corner of Indian Avenue and Dove Creek Drive on the ocean side
of Tavernier on Key Largo.
Purchase Price and Estimated Closing Costs:
• Purchase Price: $130,000.00
• Cost of Appraisal: $1,000.00
• Cost of Survey: $0.00
• Title Fees &Insurance: $1,200.00
• Attorney Fee and Mobile Notary Fees: $725.00
• Recording Fees: $35.50
• Total Costs: $132,960.50
Attributes of the Subject Property:
• ParcelID#: 00447610-000000
• Size: 6,030 square feet
• Tier Designation: Tier 3A— Special Protection Area
• Zoning Designation: Improved Subdivision (IS)
• Future Land Use Map Designation: Residential Medium (RM)
• Vegetation: Mapped as hammock.
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• Acquisition List Qualification: This property qualifies because it is Tier 3A.
• Florida Forever Boundary: This property is outside the Florida Forever boundary.
• Transferrable Development Rights (TDRs): 1 TDR
• Cost per TDR: $130,000
• ROGO Dedication Points: 2 points
• Cost per ROGO Dedication Point: $65,000
ADVISORY COMMITTEE ACTION: On June 20, 2024 the Committee voted 4/0 to recommend
purchasing this property for the price of$130,000.
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
KeyLargoReef Property Record Card.pdf
Purchase Agreement.pdf
FINANCIAL IMPACT:
N/A
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Block 3, Lot 1, Harris Ocean Park Estates
Key Largo
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4/29/24,9:24 AM gPublic.net-Monroe County,FL-Report:00447610-000000
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 00447610-000000
Account# 1547263
Property ID 1547263
MillageGroup 500P
M
Location 101 INDIAN Ave,TAVERNIER
Address
Legal BK 3 LT 1 HARRIS OCEAN PK ESTATES KEY LARGO 13134-126 OR489-146 OR776-
r
Description 1348 OR936-1913 OR1485-1917/18 OR2654-53 OR2693-1042C OR2792-501/02
QII"Joter II"Jot to Ihaav uaised auua Iluigaall docuauiii neiiit.)
Neighborhood 1673 h P U
Property Class VACANT RES(0000)
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Subdivision HARRIS OCEAN PARK ESTATES
Sec/Twp/Rng 23/62/38 Z,
Affordable No
Housing i
Owner
KIMIAR�t RlED u..u..t::
.......................................................
1923 SE 10th St
Homestead FL 33035
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 $144,238 $94,309 $84,601 $84,601
= Just Market Value $144,238 $94,309 $84,601 $84,601
= Total Assessed Value $69,923 $63,566 $57,787 $52,534
School Exempt Value $0 $0 $0 $0
= School Taxable Value $144,238 $94,309 $84,601 $84,601
Historical Assessments
Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability
2022 $94,309 $0 $0 $94,309 $63,566 $0 $94,309 $0
2021 $84,601 $0 $0 $84,601 $57,787 $0 $84,601 $0
2020 $84,601 $0 $0 $84,601 $52,534 $0 $84,601 $0
2019 $52,913 $0 $0 $52,913 $47,758 $0 $52,913 $0
2018 $43,416 $0 $0 $43,416 $43,416 $0 $43,416 $0
Fhe IIAaaAr nuair n Ifloa taallpiiIIuty us an e»tii-mate only and should a of be aatolliled uuparuiim as the aactuiaal pauautaaIlanlfity rrbu°irnouaint.Contact ouaiu°office to va.u.lifythe aactuiaaII paaautoIlpiiIfity rrau°irnouaint.
Land
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL DRY UNPERMITTED(01DM) 6,030.00 Square Foot 0 0
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee
4/7/2016 $75,000 Warranty Deed 2792 501 01-Qualified Vacant
6/30/2014 $100 Warranty Deed 2693 1042 11-Unqualified Vacant
10/9/2013 $30,000 Warranty Deed 2654 53 01-Qualified Vacant
2/1/1971 $3,100 Conversion Code 489 146 Q-Qualified Vacant
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https://gpublic.schneidercorp.com/Application.aspx?Appl D=605&LayeriD=9946&PageTypel D=4&Pagel D=7635&Q=859517474&KeyValue=00447610... .,
4/29/24,9:24 AM gPublic.net-Monroe County,FL-Report:00447610-000000
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https://qpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=859517474&KeyValue=00447610... —
AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this day of , 20247 by and
between
Key Largo Reef, LLC
(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$130,000.00 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 3, Lot 1, Harris Ocean Park Estates (PB 4-126)
Parcel ID# 00447610-000000
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 AUTHORITY by
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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 $130,000.00. 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:
1923 SE 10th Street Amaya Castro
Homestead, FL 33035 Keyes- Homestead Office
Amayac921@aol.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 May 24, 2024, 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/ Key Largo Reef, LLC
By: Fernando De Leon, Manager
Signature Date Phone Number Email Address
By: Victor M. Pacheco, Manager
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
12024.
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(Seal)
Christine Hurley, Executive Director
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