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Item F1 F1 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 August 21, 2024 Agenda Item Number: F1 2023-2596 BULK ITEM: Yes DEPARTMENT: County Land Acquisition And Land Management TIME APPROXIMATE: STAFF CONTACT: Christine Hurley AGENDA ITEM WORDING: Approval of a contract to purchase Tier 3 property for density reduction Block 6, Amended Lot 5, Stillwright Point Plat No. 2 near mile marker 105 from Kevin Michael Guy for the price of$180,000. ITEM BACKGROUND: This acquisition is proposed to protect property rights, to reduce density, and to reduce the County's potential liability for takings suits. The Monroe County Land Authority(MCLA) negotiated the proposed agreement on the Board's behalf pursuant to an interlocal agreement between MCLA and the County authorizing MCLA to administer the County's Density Reduction Acquisition Program. The subject property is located on South Drive on the bay side of Key Largo. Purchase Price and Estimated Closing Costs: • Purchase Price: $180,000.00 • Cost of Appraisal: $1,200.00 • Cost of Survey: $0.00 • Title Fees &Insurance: $1,450.00 • Attorney Fee &Notary Fee: $725.00 • Recording Fees: $35.50 • Total Costs: $183,410.50 (estimated) Attributes of the Subject Property: • Parcel ID#: 00515260-000100 • Size: 4,100 square feet • Tier Designation: Tier 3 • Zoning Designation: Improved Subdivision (IS) • Future Land Use Map Designation: Residential Medium (RM) • Vegetation: Developed Land 1131 • Florida Forever Boundary: This property is outside the Florida Forever boundary. • Transferrable Development Rights (TDRs): 1 TDR • Cost per TDR: $180,000 • ROGO Dedication Points: 5 points • Cost per ROGO Dedication Point: $36,000 This site is within the Stillwright Point Neighborhood where the County is working on a Road Elevation project to eliminate future flooding of roadways. While the site is smaller than needed for a pump station, it may still be useful for contractor storage of materials or other uses during construction. The appraisal of this site was $150,000. The negotiated purchase price is $180,000 plus closing costs outlined above. The County Attorney has advised that even though the purchase price exceeds the appraised price, this purchase may be approved by a simple majority vote because the extraordinary vote requirement only applies to purchase in excess of $500,000, where two appraisals are required. See, F.S. 123.355(1)(b) 125.355 Proposed purchase of real property by county; confidentiality of records;procedure. (1)(a) In any case in which a county,pursuant to the provisions of this section, seeks to acquire by purchase any real property for a public purpose, every appraisal, offer, or counteroffer must be in writing. Such appraisals, offers, and counteroffers shall not be available for public disclosure or inspection and are exempt from the provisions of s. 119.07(1)until an option contract is executed or, if no option contract is executed, until 30 days before a contract or agreement for purchase is considered for approval by the board of county commissioners. If a contract or agreement for purchase is not submitted to the board of county commissioners for approval, the exemption from s. 119.07(1)will expire 30 days after the termination of negotiations. The county shall maintain complete and accurate records of every such appraisal, offer, and counteroffer. For the purposes of this section, the term "option contract" means a proposed agreement by the county to purchase a piece of property, subject to the approval of the local governing body at a public meeting after 30 days' public notice. The county will not be under any obligation to exercise the option unless the option contract is approved by the governing body at the public hearing specified in this section. (b) If the exemptions provided in this section are utilized, the governing body shall obtain at least one appraisal by an appraiser approved pursuant to s. 253.025 for each purchase in an amount of not more than $500,000. For each purchase in an amount in excess of$500,000, the governing body shall obtain at least two appraisals by appraisers approved pursuant to s. 253.025. If the agreed purchase price exceeds the average appraised price of the two appraisals, the governing body is required to approve the purchase by an extraordinary vote. The governing body may, by ordinary vote, exempt a purchase in an amount of$100,000 or less from the requirement for an appraisal. PREVIOUS RELEVANT BOCC ACTION: On September 21, 2022 the Board approved the Third Amended and Restated Interlocal Agreement between MCLA and the County authorizing MCLA to administer the County's Density Reduction Acquisition Program. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A 1132 STAFF RECOMMENDATION: Approval. DOCUMENTATION: Aerial Photograph Property Record Card Signed Purchase Agreement FINANCIAL IMPACT: Effective Date: July 17, 2024 Expiration Date: None Total Dollar Value of Contract: $180,000.00 plus estimated closing costs of$3,410.50 (estimated) Total Cost to County: $183,410.50 (estimated) Current Year Portion: $183,410.50 (estimated) Budgeted: Yes Source of Funds: 304 Funds infrastructure sales surtax CPI: N/A Indirect Costs: To be determined Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing:No If yes, amount: Grant: No County Match: N/A Insurance Required: Yes, will be covered by County's liability policy Additional Details: $180,000.00 plus estimated closing costs of$3,410.50 (estimated) 1133 Block 6, Amended Lot 5, Stillwright Point Plat No. 2 Key Largo �� � w���J� /�� q✓d �£� / %'� ,, ' III/ �� W" i On v � Y 515821 51 5790 51 IATER LN uwu IVY" .uo .n u4 p 1 0 rr l 1134 2/23/24, 11:49 AM gPublic.net-Monroe County,FL-Report:00515260-000100 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 00515260-000100 e Account# 9093503 v Property lD 9093503 Millage Group 500K Location 41 SOUTH Dr,KEY LARGO Address Legal BK6 LOT 5STILLWRIGHT POINT PLAT#2PB4-154OR-646-707OR646-709OR765-939 Description OR821-1120 OR981-2035 OR1774-1048 OR1774-1052/53 OR1785-1906/07 OR1797- 1139 OR1797-1145/47 OR2265-1842 OR2857-201/03 OR2997-1141 OR3219-2479 OR3222-2435 P Neighborhood Class VACANTRES(0000)uuirmllaa,aallr,Iua aui°i Mumt,) j r ff, � 1 ,rP Q^4ota.Not to be used Subdivision STILLWRIGHT POINT NO 2 Sec/TWp/Rng 01/61/39 uNi Affordable No Housing Owner GUY KEVIN MICHAEL 1471 State Road 4A Summerland Key FL 33042 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 $67,035 $95,291 $49,914 $18,151 = Just Market Value $67,035 $95,291 $49,914 $18,151 = Total Assessed Value $24,159 $21,963 $19,966 $18,151 School Exempt Value $0 $0 $0 $0 = School Taxable Value $67,035 $95,291 $49,914 $18,151 Historical Assessments Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability 2022 $95,291 $0 $0 $95,291 $21,963 $0 $95,291 $0 2021 $49,914 $0 $0 $49,914 $19,966 $0 $49,914 $0 2020 $18,151 $0 $0 $18,151 $18,151 $0 $18,151 $0 2019 $18,151 $0 $0 $18,151 $17,658 $0 $18,151 $0 2018 $17,016 $0 $0 $17,016 $16,053 $0 $17,016 $0 Fhe II'7amAr no,air n Ifloii taallpiilluty us an e»tii-namte only and should not be ii elliied uupauuum as the actuiaall pauautaallaiilliac rrbr nuuu rat.Contact ouiu°office to va.u.litythe a ctuiaall ppoiitrrallpiilliac amr nuuu rat. Land Land Use Number of Units Unit Type Frontage Depth RESIDENTIAL DRY UNPERMITTED(01DM) 4,100.00 Square Foot 0 0 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee 4/25/2023 $0 2415963 3222 2435 11-Unqualified Improved 4/3/2023 $475,000 Warranty Deed 2413510 3219 2479 05-Qualified Vacant 6/1/2017 $100 Quit Claim Deed 2125301 2857 201 11-Unqualified Improved GUY KEVIN MICHAEL 1135 https://gpublic.schneidercorp.com/Application.aspx?Appl D=605&LayerID=9946&PageTypel D=4&Pagel D=7635&Q=676558335&KeyValue=00515260... ., 2/23/24, 11:49 AM gPublic.net-Monroe County,FL-Report:00515260-000100 View Tax Info �Jiic "IruuasfleairL.IlnitsIP ira:211 Photos w I Irit ` �t o� d, Map ,o 1Vli 4� �f TRIM Notice No data available for the following modules:Buildings,Yard Items,Permits,Sketches(click to enlarge). T COui./ O one ty tlifC0:jIty r:01t t ;by -4i lyi v;,l ni:,< "rp Schneider P,„„r5 Of l ty ilii. i i iJiif i ity,i r I!r t :1 f.yA 1 ifr„r GEOSPATIAL ,u,,rf;+q r it/«":r, I./ r rw ti ice,,-1^„.i r,i,,,you'ir'rDy Ups IrIFlriiaVia,yIPalliia DI IFpIf IPirii 4yMrAl1q,, 1136 https://qpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=676558335&KeyValue=00515260... — AGRSWEN'T FOR THE PILJR(;HASE OF LANDS, Tli SAGREE 'ENT i,sryiade grid e,r diiitothrs *dlayofIA,le, by and between Kievin Michael Guy (hemnafter "Sell er(s)"), forr thernselves, their heirs, executors, administratoiri successors and assigns, i MONROE CiOUNTY, FLORIDA Qwreinater 11C0UN*r1(") WITNESSETK I, In consideration of Teri DoHars ($10 00) in hand, piaud by the C,DUNTY, the- receipt of which ns hereby acknoWledged, the Seller(s)a ele t ell to the C101UNITY oefllclin lands tipon the terms and condfions hereinafter set fo;tJh, and for the in of$180,000.00 for all of the lands and other interests, whith tanids sh,211 includie i teneaventes, hereditaments, ticigether wfth a�l water and otheqnghts, erime errits, appurten-ance.9, and any and ali of te! Seflers rights in or,arising b'i reaswn ofownership theret,into belrong�rig, owned bytheirn, s�tivafe, ai d 19rin, in t, o e C nty y I C4 of Monroe, State of Florida, more particulairly descnbed asfbflows„ to-,Nvit Block 16, Amended Lot 5, Still1wright Point Plat#2 (PS 4-164) Parcel 0#00515260-000100 2, The Se flea"s� agireethat t�iey have fuli nght, power and aluthioriTy to convey, and that they wiry to the, C0UNTY the fee simpile tttle ter getheirwith 1egai and practical aicces,s therete clear, free, and Unencum,,bered, excCpt Spubiect to thic Wowing casernients or reservations, Exisfilng easerne rota, fioir canals, ddches, flumes, pipeliines, raflroads, pubfic Nighway's, and raads,, te;iephaine, felegraoi, power tea nsrrusSlilion Imes and public Liblibes, i COUNTY, at tilte COUNTY'S expense, v0thin the firr)#2 12flVoWeid to dekvier evnden(,,,e Of tifle and to examJrve s,am!e, may have the red Ipiroperty s m) eyed and certified, by a ri gisteried Florida urn err. If the sunvoy dts6oses encroachmerds, on thie real Ipfoperty or that impfDveiments bcated thaereon encroachi oin slethaak, lineS, eaSeMe,,ntS., larldS, of others, or viclate atny restric tiams, cantract covenaints,or applicable govem,,,n,,,ien tall iire,,g(utatiozis, thie sarne shall conslit"Wei a title dogifert Siefler(s) shall convey a marketable fit[th subject io,6[y 111r) thie afarernentioned 4ens, encumbrances, excepbons or quafiflicafion, set ferti, herein. Markieitr-We title shaft be deterniiinied accoridinq to applicable titlestandards adopted by authority net the Morida Bar and in accordance with law. The COUNTY shaH h,ave sixty (160) days from the Effective Date in whijb1h to exaimnne tide, If tide is tbund deflacfive, the COUNTY shall,, within this specined bm�e piefiod, rotty Selleri en writing specifying del ectrs),, It the deli render title unnmai*etiablle the Selleir(s) viaill have one hundriiad twenly ('tam 0) days frorn receipt of notfoo withO W�,,i tic) remove, the defect(s). The Seller(s) wilt use, dfligent effori,,to coirriect defpicVs) in Wdle inithin thie firne provtded therefore, including thia bringing of nacessary suftsi, failing whilich the 1i OUNTY hay l have 0-ie option of either accepbrig the title as it term is or rescinding the, Agreement hiarek'n, 3. T'hei SeBef s) further agree not tio do, or suffer others to do, any art Iby which the value?,,)r btle to swd lands imay be diminislied or,encurnberedvivhile this Agreerywent is penii It is,further 1137 agreed that any WS rx da Iran age occurring prior to the, vesbrig of satsfactory title 0 the C0k)NTY by relasons of thie unauthorized cutfing CW renIaval Df products therefrom, ar because of fired hall be borne tq the Seller(s)., amid that, in the event any such loss or damage occurs, the COUNTil may, without IGl,t)jfity, refuse to accept conveyance of sald Wilds, 4 ""the Sefler(s) flaftief algree that dWing the period CO'VeTed t>lf V1,,iS Mtr`Urnent officer's and accredite fu t ii the COU NITY shafl have w afl reasoinabite hmes tile unrestricted rigtyll, and pnvifege to enter upon said liands for all proper and laill purposes, induding exarrurlabon of Shirt land5 and the resources uplon them, The Selleir(5) Iheretpiwl Ohi6r rights toany and aR dairris against, the C,DUNT�` or the State of Flonda, associated wilh, or atising from ownership of, said Lands and this waiver shall sunvive clos ng, 5, The Sell rl(s) Mi exiecute and defiver upon demnarid of the proper off i6aisl and agents of the COUNTY a good and sufficivint deed of wry arrarty conveying to the COUNTY a marketa fat e U110. to the said tends of such charaic.1pr as to bel sate sfactoiry to,the ftal counsel of the COU N7Y and said i shafll that the use, occupatuon and oper2tuoln of tha therein,shafl be sum lordin2te,to arlid Sil,jbject to Such routes and regulabons as Ismay ble preschbeid by then, COUNTY goo e-r61l tfie use, occupation,, protection and adiniinistTa tie n of 4nds, 6, l n consideration whereof the COUNTY agrees that ift M11 purthase aH cif said Illarrwrts and other The COUNTY'further agrees that, after the prep aratio,in, executocin, and defivery of the die le"d, and after the legal counsel of the COUNTY Qiafl have approved the Me thus vested in, the COUNTY, it wiH cause to be ,aid to the SeHer(s) the purchase ph ice. The COUNTY shaH pay the following ill�uS associated with, the conveyarce of the properhy, dieled recording, trees, soulement fees, abstract fees, title exam, inaflon fe es, time Buylef's attorney's feels,and fibs in,,swancie, as welias thie piroreata s1haire of prepaid real property taxes a tie rAb ill e to the period SUbiseqUelnttea the vesting of fitile in the C',C)U NI-rl(, of',ft, offevintive date of pmsessrion of such reaM prop" by the sanmPle,whichilevelf i)s ea6w ThelSel shall pay the expenses of diocumelntwy stamps tic) be affixed to the deed and th rernovat of trash, debris, and structures from the r�xroperty, if any and relai estate cam,missicris, if any, Full possessuron of the prernises !sU- I IPass to thle! C(,)UNTY' as Of the date payment is imade to the EWler(s) subje<wt only to the reservations stated in Section 2 �above. 7, It is multually agreed that an, abstract, fitie insuranole Dkey or other eviderKe (9, title to the pro;*rty herein contracted to be soJd, satisfactory to ftw 1,egai (;f the COUNrf' win The obtaeneid by theCOUf,JY at its expenise, The SeKer(s) expres,,40y agree herein to kvrniish to the COUNTY any docurnents in Sefler(s)'s posseslsiiort estabill'ishing endence,of tree inid,Aing, but not hnCded to, abstracts, titJe wallints, t1be policies and opinions of titte. 8, It sli be,the obfigation of thi Slelle,r(s)to pay all taxes and assess rem ents out stainding lliens at the l firbe viests of record in the COUN7yr wtioalftair or not' such taxes arl assessrnents are then dUel and payahV . 9 it is rnutuariy unde matte ad and age e,*,.4,d that notice of' WceT.Aance of this Agreement shall be givien to the SeRer(ls) by urn it tio,the address primrideld by the Sefler(s) or by ma,4 addrp-ssed to the SeMer(s) at the following addres& 1471 State Road 4A Lc�MIrv�—Min-RUM2112 uw—tlo ' Summertand Kit FL 33042 2 1138 amid shall be effective upoin date of maifing,and shall Ide binding upion all of the Seker(s)wiftunit sending a separate notice to each, except as, such oVigation maiy be affected by true provisions of pwagraph 6 hereof, 10, Thie property shaV t>e,Wivemd� t closing free lolf wy tenant of occupancy,wh tsoever, 11. Th:eSefi�er(,$)shaIIL-Joseany'lolpenbui�ildin!gIperrriit!sorcodeenforcerTient pros ceedwr,igs, ,pn"orto cjo'SuN' 12 The of date of Oiis Agreement (hereinafter, "Effective DaW) shall bethal date when the Iasi One, of the Sellew(s) nd the COUN7Y hais signed this Agreement 13, 1,f the Selier(s),vAsh to proceed with awls transaction, the�S�efier(s,) have unfil June 191, 2024,to sign and return fts Agreement to the COUNTY This, Agreement may, be exiecArted in co meat erparts. Notwithstanding 211y provision of this Agreement to the contrary, the dosing of this transaebon is contingewd upon approval by the Monroe County Sciard of GIOUnry Commissioners, on or before AQgUSt 21, 2024, faifing which the pairbes ackmintedge that each shafl be released of all fiafther obligafions wonder this Agreement. In the event this trainsaction has not dosed on or I efolre Septeimlber 3, 2024,, then either plarty may termi.natt thisAgre error em, at any tome thereafter 1pra ading ,mitten wboe, rn which case the pies acknoWedge thial each shall be releasied of afl furtheir obligations under ft,,s Agreement, IN WTNESS WHEREOF, the SoHer(s) have hereunto sign d thleir names and affixed thei�r respective seals on the day first above written and therefore the 'z.-44er(s) for and in con'sideration ,of the Ten Dc4lars, ($10.00) heremabove ackno wart iedge as reoeived,, have and do hereby grara unto the COUNTY or its authorized representatve, or any other office or agent of the, C01.141"Y authionzed to purchase said lands, the oplion and night to eider into this Agreement for Purchase wrftri sixty (B(T) days from the executionthereof b thie SA,Her(s), Seflierf Kevin Michael G ';y ,&gnature [Dmg Phom Add7v$-' Buyer.1 COLJNTY tONROE COUNTY, FLORIDA ATrEST: Kevin Maidok, CPA, Clerk By; As Deputy Clerk Hody Merrill Raschein, Mayor (Sear", D ate 1139