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Item G12 G12 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: G12 2023-2734 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 - Block 28, Lots 10 and 11, Sands on Big Pine Key near mile marker 31 from Antonius Johannus Petrus Smits et al. for the price of$120,000. 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 Avenue E at the corner of lst Street on the bay side of Big Pine Key. Purchase Price and Estimated Closing Costs: • Purchase Price: $120,000.00 • Cost of Appraisal: $750.00 (paid by the BOCC and eligible for reimbursement by DEP) • 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: $122,660.50 Attributes of the Subject Property: • Parcel ID#: 00303610-000000 and 00303620-000000 • Size: 10,000 square feet • Tier Designation: Tier 1 —Natural Area • Zoning Designation: Improved Subdivision (IS) • Future Land Use Map Designation: Residential Medium (RM) • Vegetation: Mapped as exotics, hammock, and developed. • Acquisition List Qualification: This property qualifies because it is Tier 1. 1230 • Florida Forever Boundary: This property is inside the Florida Forever boundary. • Transferrable Development Rights (TDRs): 2 TDRs • Cost per TDR: $60,000 • ROGO Dedication Points: 4 points • Cost per ROGO Dedication Point: $30,000 The subject property could potentially be sold to the State of Florida, which would result in some or all of the acquisition costs being reimbursed. ADVISORY COMMITTEE ACTION: On July 31, 2024 the Committee voted 510 to recommend purchasing this property for the price of$120,000. 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 1231 Block 28, Lots 10 and 11, Sands Big Pine Key ma 309 f Yi f' '. C><7 w,yff //M, �' 'f✓J I 4 , ..i li .,.I „�.. 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By continuing into this site you assert that you have read and agree to the above statement. Summary Parcel ID 00303610-000000 Account# 1375667 N , Property ID 1375667 MillageGroup 100H � Location Address VACANT LAN AVENUE E,BIG PINE KEY Legal BK 28 LT 10 SANDS SUB PBI-65 BIG PINE KEY OR484-388 Description OR752-1830 OR1069-1736 OR1163-536 (II"t'uuter II"taut to be umed on Ilegaall docuui°irnent j Neighborhood 549 Property Class VACANT RES(0000) � Subdivision SANDSSUBD Sec/Twp/Rng 25/66/29 Affordable No Housing r i JJ lad a3'7t��r•2aaawsas '+Slaa, /fir Owner p..tr KN Ki.uRir C/O GILMORE&GILMORE PROFRESSIONAL CORP 458 VICTORIAST Alliston 1-911 1J8 CA Valuation 2023 Certified Values 2022 Certified Values 2021 Certified Values 2020 Certified Values + Market Improvement Value $0 $0 $0 $0 + Market MiscValue $533 $533 $533 $533 + Market Land Value $28,750 $22,500 $17,500 $15,000 = Just Market Value $29,283 $23,033 $18,033 $15,533 = Total Assessed Value $20,675 $18,795 $17,086 $15,533 School Exempt Value $0 $0 $0 $0 = School Taxable Value $29,283 $23,033 $18,033 $15,533 Historical Assessments Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability 2022 $22,500 $0 $533 $23,033 $18,795 $0 $23,033 $0 2021 $17,500 $0 $533 $18,033 $17,086 $0 $18,033 $0 2020 $15,000 $0 $533 $15,533 $15,533 $0 $15,533 $0 2019 $17,500 $0 $533 $18,033 $14,456 $0 $18,033 $0 2018 $26,250 $0 $533 $26,783 $13,142 $0 $26,783 $0 FheIIAaArnuairnIfloatmallaiiIIutyusane»tii-nQatar only and shouldunot IIbeaatolliieduupoiima,the rractuivallpoiitaaIlanlfityrrbu°irnouainto Contact ou,aiu office tauveiiIity the rractuivaIIpaaautrraIlanIliacrrau°irnouainto Land Land Use Number of Units Unit Type Frontage Depth RESIDENTIAL DRY UNPERMITTED(01DM) 5,000.00 Square Foot 50 100 htt s:// ublic.schneidercor .com/A lication.as x?A ID=605&La erlD=9946&Pa eT eID=4&Pa eID=7635&Q=l811890674&Ke Value=00303610... 1233 P gP P PP P PP Y 9 YP 9 Y 7/10/24, 11:33 AM gPublic.net-Monroe County,FL-Report:00303610-000000 Yard Items Description Year Built Roll Year Size Quantity Units Grade CH LINK FENCE 1979 1980 150x4 1 600SF 1 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee 3/1/1991 $15,000 Warranty Deed 1163 536 M-Unqualified Vacant View Tax Info V ew"IFaxps fair O-fls IPaircelll ............................................................. 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Schneider r, r,Of :I 0 rty iJ it r i ity,i r lir t i.y/p 1J r, ffr^„r GEOSPA71Al, '""n i i 'U a r,v CxC: y r""5 tJ u,r pju �u�L i � iii„�; .�i,� � ai�� ��,� ul i., au irarc ,u i,rf q r ity« I./ r rw ti i,,„lh.i r,i„you'if 'rDy Ups lrIFlriisVia,yIPalliia sI IFpIf IPirii 4yNpIlIcR htt s:// ublic.schneidercor .com/A lication.as x?A ID=605&La erlD=9946&Pa eT eID=4&Pa eID=7635&Q=1811890674&Ke Value=00303610... 1234 P gP P PP P PP Y 9 YP 9 Y 7/10/24, 11:34 AM gPublic.net-Monroe County,FL-Report:00303620-000000 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 fr W( %I r`f /ti ilia r Parcel ID 00303620-000000 Accoount# 1375675 Property ID 1375675 MillageGroup 100H Location VACANT LAN AVENUE E,BIG PINE KEY Address Legal BK28LT11 SANDS SUB PBI-65 BIG PINE KEY OR484- - Description 388/38901175218300/COR1069-1736OR1163-536 Neighborhood 549 eu INot�to be used on Iludr�;,,uall docuaui°iaanntsj Property Class VACANT RES(0000) Subdivision SANDSSUBD " Sec/Twp/Rng 25/66/29 Affordable No Housing Owner p..cRla N KiEl 458 VICTORIASt Alliston 1-911 1J8 CA Valuation 2023 Certified Values 2022 Certified Values 2021 Certified Values 2020 Certified Values + Market Improvement Value $0 $0 $0 $0 + Market MiscValue $178 $178 $178 $178 + Market Land Value $28,750 $22,500 $17,500 $15,000 = Just Market Value $28,928 $22,678 $17,678 $15,178 = Total Assessed Value $20,203 $18,366 $16,696 $15,178 School Exempt Value $0 $0 $0 $0 School Taxable Value $28,928 $22,678 $17,678 $15,178 Historical Assessments Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability 2022 $22,500 $0 $178 $22,678 $18,366 $0 $22,678 $0 2021 $17,500 $0 $178 $17,678 $16,696 $0 $17,678 $0 2020 $15,000 $0 $178 $15,178 $15,178 $0 $15,178 $0 2019 $17,500 $0 $178 $17,678 $13,911 $0 $17,678 $0 2018 $26,250 $0 $178 $26,428 $12,646 $0 $26,428 $0 FIhe II'7auAa°i nuair n II loa taallnpIlky u»a n es tlu°iaawh e orally a nd should not be a arils°lamp uu p oiim as the aua tiu illl paea I asllaiilfty auu°irno uiin,Contact t ouiu office to veii i°ify the aua tuuaull p oii taullniillfty auu°iroo uint, Land Land Use Number of Units Unit Type Frontage Depth RESIDENTIAL DRY UNPERMITTED(01DM) 5,000.00 Square Foot 50 100 1235 https://qpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=l273742767&KeyValue=00303620... - 7/10/24, 11:34 AM gPublic.net-Monroe County,FL-Report:00303620-000000 Yard Items Description Year Built Roll Year Size Quantity Units Grade CH LINK FENCE 1979 1980 Si 1 200SF 1 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee 3/1/1991 $1 Warranty Deed 1163 536 M-Unqualified Vacant View Tax Info V ew"IFaxps fair O-fls IPaircelll ............................................................. Photos j I' i 6y f Y „e Map r TRIM Notice No data available for the following modules:Buildings,Permits,Sketches(click to enlarge). T f"Oui./ O one ry I'Jth I t l it r 0:j I ty r:01t i. ;by -4i ly I tJu pjurpc"'f"�ffi')H r�l�p m, i�iHu yY -, , r' i juatk', i t °.I rn i:,< "'! Schneider r, r,Of :I 0 rty iJ it r i ity,i r lir t i.y/p 1J r, lfr^„r GEOSPA71Al, '""n I i 'U a r,v CxC: y r""5 tJ u,r pju �u�L i � iii„�; .�i,� � ai�� ��,� ul i., au irarc ,u i,rf q r ity« I./ r rw ti i,,„lh.i r,i„you'if 'rDy Ups lrIFlriisVia,yIPalliia sI IFpIf IPirii 4yNpIlIcR https://gpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&Pagel D=7635&Q=1273742767&KeyValue=00303620... 1236 AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this day of , 20247 by and between Antonius Johannus Petrus Smits, Monique Johanna Theresia Smits, Aloe Ananda De Vries, Yvonne Johanna Catharina Smits a/k/a Yvonne Catharina Johanna Smits, Rafael Aran Ka'an Bachmayer, Chantal Renate Smits, Charlene Juliette Hoogkamer, Angelique Simone Van Der Heiden a/k/a Angelique Simone van der Heiden-van der Hyden, Floris Laurens Van Der Heiden, Carmen Julia Van De Heiden a/k/a Carmen Julia Van Der Heiden, Iris Gaerthe, Wesley John Bonnell, and Lisa Smith (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 28, Lots 10 and 11, Sands (PB 1-65) ParcelID# 00303610-000000 and 00303620-000000 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 1 1237 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 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 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: 2 1238 c/o Lisa Smith lorenzestatel933@gmaii.com 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 August 9, 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/ Antonius Johannus Petrus Smits Signature Date Phone Number Email Address Seller/ Monique Johanna Theresia Smits Signature Date Phone Number Email Address Seller/ Aloe Ananda De Vries Signature Date Phone Number Email Address 3 1239 Seller/ Yvonne Johanna Catharina Smits a/k/a Yvonne Catharina Johanna Smits Signature Date Phone Number Email Address Seller/ Rafael Aran Ka'an Bachmayer Signature Date Phone Number Email Address Seller/ Chantal Renate Smits Signature Date Phone Number Email Address Seller/ Charlene Juliette Hoogkamer Signature Date Phone Number Email Address Seller/ Angelique Simone Van Der Heiden a/k/a Angelique Simone van der Heiden-van der Hyden Signature Date Phone Number Email Address Seller/ Floris Laurens Van Der Heiden Signature Date Phone Number Email Address Seller/ Carmen Julia Van De Heiden a/k/a Carmen Julia Van Der Heiden Signature Date Phone Number Email Address Seller/ Iris Gaerthe Signature Date Phone Number Email Address 4 1240 Seller/ Wesley John Bonnell Signature Date Phone Number Email Address Seller/ Lisa Smith 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 5 1241