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
August 21, 2024
Agenda Item Number: G7
2023-2703
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 Administrative
Relief and Conservation- Block 6, Lot 36, Harris Ocean Park Estates on Key Largo near mile marker
93 from Harold Fried and Sherry Fried for the price of$120,000.
ITEM BACKGROUND:
This acquisition is proposed to provide ROGO Administrative Relief pursuant to Monroe County
Commission Resolution 57213-2023 and to protect the natural environment.
The subject property is located at 128 Caribbean Avenue on the ocean side of Tavernier on Key Largo.
Purchase Price and Estimated Closing Costs:
• Purchase Price: $120,000.00
• Cost of Appraisal: $1,900.00
• Cost of Survey: $0.00
• Title Fees &Insurance: $1,150.00
• Attorney Fee and Mobile Notary Fees: $725.00
• Recording Fees: $35.50
• Total Costs: $123,810.50
Attributes of the Subject Property:
• Parcel ID#: 00449340-000000
• Size: 5,025 square feet
• Tier Designation: Tier 1 —Native Area
• Zoning Designation: Improved Subdivision (IS)
• Future Land Use Map Designation: Residential Medium (RM)
• Vegetation: Mapped as hammock and developed land.
• Acquisition List Qualification: This property qualifies because it is for Administrative Relief.
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• Florida Forever Boundary: This property is outside the Florida Forever boundary.
• Transferrable Development Rights (TDRs): 1 TDR
• Cost per TDR: $120,000
• ROGO Dedication Points: 2.5 points
• Cost per ROGO Dedication Point: $48,000
ADVISORY COMMITTEE ACTION: On July 31, 2024 the Committee voted 4/1 to recommend
purchasing this property for the price of$120,000.
PREVIOUS RELEVANT BOCC ACTION:
The Board has approved the purchase of other properties in this subdivision.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
BOCC Resolution 572B®2023.pdf
Aerial Photograph.pdf
Property Record Card.pdf
Purchase Agreement.pdf
FINANCIAL IMPACT:
N/A
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I RESOLUTION NO. 572B —2023
2
3 A RESOLUTION BY THE MONROE COUNTY BOARD
4 OF COUNTY COMMISSIONERS APPROVING THE
5 REQUEST FOR ADMINISTRATIVE RELIEF MADE BY
6 HAROLD & SHERRY FRIED ON PROPERTY
7 DESCRIBED AS LOT 36, BLOCK 6, HARRIS OCEAN
8 PARK ESTATES, KEY LARGO, RE 4 00449340-000000
9 IN THE FORM OF A PURCHASE OFFER FROM THE
10 MONROE COUNTY LAND AUTHORITY OR
11 REFERRAL TO THE STATE OF FLORIDA DIVISION
12 OF STATE LANDS FOR POTENTIAL PURCHASE
13 THROUGH THE FLORIDA FOREVER PROGRAM.
14
15
16 WHEREAS, Harold & Sherry Fried submitted an application for administrative
17 relief under Policy 101.7.1 of the Monroe County Year 2030 Comprehensive Plan; and
18
19 WHEREAS, the Department of Planning and Environmental Resources provided
20 a staff report to the Monroe County Board of County Commissioners regarding the
21 application; and
22
23 WHEREAS, the Monroe County Board of County Commissioners makes the
24 following findings of fact and conclusions of law:
25
26 1. The application for administrative relief from 7/18/2023 is for Lot 36, Block 6, Harris
27 Ocean Park Estates, Key Largo in Monroe County, Florida having RE# 00449340-
28 000000.
29 2. The date of the ROGO application is 07/09/2019.
30 3. The ROGO allocation application has been in the ROGO system for at least four (4)
31 consecutive years and qualifies for administrative relief under Policy 101.7.1 of the
32 Monroe County Year 2030 Comprehensive Plan.
33 4. Monroe County Code (MCC) Section 138-27 provides a mechanism whereby an
34 applicant who has not received an allocation award in ROGO may apply to the Board
35 of County Commissioners for administrative relief.
36 5. The Board of County Commissioners (BOCC) has the authority to grant
37 administrative relief under Policy 101.7.1 and may grant the applicant a building
38 allocation, offer to purchase the property at fair market value, or provide such other
39 relief as may be necessary and appropriate.
40 6. The applicant applied for administrative relief on 7/18/2023, under Section 138-27 of
41 the MCC and Policy 101.7.1 of the Monroe County Year 2030 Comprehensive Plan.
42 7. Policy 101.7.1, Policy 101.7.3, and Policy 105.2.8 of the Monroe County Year 2030
43 Comprehensive Plan provides criteria to be used for determining lands that are
44 appropriate for acquisition and the criteria includes the environmental sensitivity of
45 the vegetative habitat on the lot and the applicable Tier designation.
ADMINISTRATIVE RELIEF RESOLUTION Page 1 of 2
RE# 00449340.000000
19300570
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8. Policy 1013.3 arid Land Development Code Section 138-27(d), the County shall
preclude the graming of administrative reliefin the forni of die issuance of a Wilding
3 pennit for lands within the Florida Forever targeted acquisition o�r Tier I hands arcane
4 unless, after ,60 days from the receipt of a complete application for administrative
5 relief,it has been dctcnnined the parcel can not be purchased for conservation purposes
6 by ariy county,state or federal agency or any private entity.The County shall routinely
7 notify I,)epartnient, of Einvirownevital Protection of upcoming administrative relief
8 request at least six (6)months prior to the deadline for administrative relief,
9 9, The subJect propert5r has the land use district designation of Improved SubdivisfUll,
10 (IS) and is located in the Harris (:.la,Rcan Park Estates Subdivision and is located in a
I I "Ner I desioiated area-
12 10, Monroe County Year 2030 Cornprehensive Plan Policy 101.7,1, Policy 101.7.3, and
13 Policy 105.2.8 states the Board may offer to purchase property ws the preferred action
14 for property located within Tier 1.
15
16 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTV
17 COMMISSIONERS OF MONROE COUNTV, FLORIDA:
is
I c) Adniinistnative relied is granted to Harold&Sherry Fried,for Lot 36,Block 6,Harris Ocean
20 Park Estates, Key Largo in the form of purchase offer, by the Monroe County Land
21 Authority.
22
23 PASSED AND ADOVITI) by the Board of County Corni"nissioners of'Montoe County,
24 Florida at a regular triecting lield on the 13th day of Dccetntx-r, 2023.
25
26 Mayor Holly Merrill Raschein Yes _X
27 Mayor Pro Tern Jan'tes K. Scholl Yes
28 Cotrintissioner Craig Cates 'Yes C_ M
29 CommissionerMichelle Lincoln Ye s
30 Conirnissioner Da �Te
vid Rice s
3
12 BOAR D OF COUNTY COMMISSIONERS M
33 OFMONROE COUNTY. FIX)RIDA
34 N
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3 By-
3 3 Mayr)r Holly Merrill Raschein
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44 DEPUTY CLE" K.
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Block 6, Lot 36, Harris Ocean Park Estates
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7/3/24, 10:44 AM gPublic.net-Monroe County,FL-Report:00449340-000000
Monroe County, FL
**PROPERTY RECORD CARD**
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 a just valuation 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 00449340-000000
Account# 1548987
Property ID 1548987
MillageGroup SOOP
Location 128 CARIBBEAN Ave,TAVERNIER
Address
Legal BK 6 LT 36 HARRIS OCEAN PK ESTATES KEY LARGO OR447-134-135 OR789-1732
Description OR1003-2476AFF OR1627-1107/08 OR2448-1522/32 OR2448-1524/25 OR2947-
0412 OR2962-100/101(DEC/REST)
(II"Jau ter IINot to be used d on Ilegua ll a ocuu n gent,)
Neighborhood 1673
Property Class VACANT RES(0000)
Subdivision HARRIS OCEAN PARK ESTATES
Sec/Twp/Rng 23/62/38
Affordable No
Housing
Owner
PO Box 9357 PO Box 9357
Tavernier FL 33070 Tavernier FL 33070
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 $131,957 $86,279 $77,398 $77,398
= Just Market Value $131,957 $86,279 $77,398 $77,398
= Total Assessed Value $93,652 $85,138 $77,398 $77,398
School Exempt Value $0 $0 $0 $0
School Taxable Value $131,957 $86,279 $77,398 $77,398
Historical Assessments
Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability
2022 $86,279 $0 $0 $86,279 $85,138 $0 $86,279 $0
2021 $77,398 $0 $0 $77,398 $77,398 $0 $77,398 $0
2020 $77,398 $0 $0 $77,398 $77,398 $0 $77,398 $0
2019 $48,994 $0 $0 $48,994 $11,926 $0 $48,994 $0
2018 $40,200 $0 $0 $40,200 $10,842 $0 $40,200 $0
FIhe II'7auAa°i n iair n II loa taallnplIky u»a n es tlu°iaawh e only and should not be a aril°lamp uu p oiia as the aaa tiu illl p aii i asllaiilfty auu°ino uint,Contact aaa t ouiu office to veil i°ify the aaa tuuaull paaau taullniillfty aaii-n uiuint,
Land
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL DRY UNPERMITTED(01DM) 5,025.00 Square Foot 0 0
https://qpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&Pagel D=7635&Q=l228167182&KeyValue=00449340... 1 189
7/3/24, 10:44 AM gPublic.net-Monroe County,FL-Report:00449340-000000
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee
1/30/2019 $20,000 Warranty Deed 2204219 2947 0412 37-Unqualified Vacant
11/9/2007 $12,100 Quit Claim Deed 2448 1522 J-Unqualified Vacant
8/16/2007 $12,100 Quit Claim Deed 2448 1524 J-Unqualified Vacant
2/1/1970 $1,000 Conversion Code 447 134 Q-Qualified Vacant
View Tax Info
VJ ew"Ilauxes for tl Units IPeircell
.............................................................
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AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this day of , 20247 by and
between
Harold Fried and Sherry Fried
(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 $120,000.00 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 6, Lot 36, Harris Ocean Park Estates (PB 4-126)
Parcel ID# 00449340-000000
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 $120,000.00. 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 9357
Tavernier, FL 33070
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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 July 8, 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/ Harold Fried
Signature Date Phone Number Email Address
Seller/ Sherry Fried
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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