01/22/2020 Declaration of Restriction-BLK6/Lot12 •
Doc M 2266349 Ban 3022 Phi 1958
Prepared by/Return to: Recorded 5'182020 10:39 AM Page 1 of 10
Adele V.Stones,Esq.
Oropeza Stones Cardenas Filed and Recorded in Official Records of
221 Simonton Street MONROE COUNTY KEVIN MADOK,CPA
Key West,FL 33040
Space Above This Line For Recording
DECLARATION OF RESTRICTION ON FUTURE DEVELOPMENT
THIS DOCUMENT SHALL BE INCORPORATED IN WHOLE AND
REFERENCED BY OFFICIAL RECORD BOOK AND PAGE NUMBER
AND DOCUMENT NUMBER ON ALL TRANSFERS OF THE BELOW
DESCRIBED REAL PROPERTY.
WHEREAS,this Declaration of Restriction on Future Development(herein"Declaration")is granted this
' Q) I2{+1'day of May, 2020, by Monroe County, a political subdivision of the State of Florida (hereinafter
_ "Grantor"), whose address is 1100 Simonton Street, Key West, Florida 33040; and is acknowledged and
accepted concurrent with the conveyance and acceptance of ownership and title to be vested in 221
CORSAIR, LLC, a Florida limited liability company (herein "Grantee"), whose address is 222 Corsair
_ C) Road, Marathon, FL 33050.
QJ rt WHEREAS,the undersigned Grantor, is the sole fee simple title owner(s)of the certain below-described
9(Z real property (hereinafter "Restricted Parcel") that is currently undeveloped and is located in Monroe
County,Florida,having a legal description as follows and which is shown on attached Exhibit"A,"which
is hereby incorporated as if fully stated herein:
C C Parcel Address: BLK 6.Lot 12 Corsair Road.Duck Key.FL 33050 Approx.Mile Marker:_
O Parcel(s)/Lot(s): 12 Block: 6
Subdivision: Plantation Island
Key: Duck Key _ Plat Book: 5 Page: 82
Real Estate Number(s): 00383750-000000— n03P3Pt-O- f)C)OOCX'
) WHEREAS,Grantor is a general purpose political subdivision of the State of Florida and is authorized to
- engage in the sale of publicly owned property when deemed to be in the best interest of the citizens of
Monroe County to protect and provide for the public health, safety, and welfare; and
n,
WHEREAS, the Restricted Parcel is subject to the jurisdiction and requirements of the Monroe County
Comprehensive Plan and the Monroe County Code(s) as well as voluntarily imposed limitations and
restrictions imposed by this Declaration; and
WHEREAS, Grantee hereby attest(s) his/her/its/their recognition that this Declaration restricts certain
CJ future development of this land, specifically prohibiting the development of any residential dwelling as a
U a principal use and Grantee acknowledges and accepts the condition hereafter limiting development to
otherwise permitted non-habitable accessory uses to a principal use (residential)if located on an adjacent
^ or contiguous parcel also owned by Grantee, or if Grantee is not an adjacent or contiguous parcel owner
ause shall be restricted to such other non-residential principal and accessory uses as may be permitted by the
controlling land use district for the Restricted Parcel; and
z .� Doc 0 2274723 Bait 3034 Pgt 295
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V VV
Filed and Recorded in Official Records of
MONROE COUNTY KEVIN MADOK,CPA
WHEREAS,the undersigned Grantor and Grantee(s)hereby attest that the transfer of the Restricted Parcel
subject to this Declaration imposing this limitation prohibiting any future residential structure development
is supported by good and valuable consideration;and
WHEREAS, this Declaration does not discharge, exempt, waive, or otherwise release the undersigned
Grantee(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of
the undersigned Grantee(s), or tenant(s) thereto, from their duty to obtain required federal, state, County,
and/or other local approval(s) for any future construction of accessory structures or establishment of
permitted uses upon the Restricted Parcel; and
NOW, THEREFORE, as an inducement to Grantee for and in consideration of Grantor's
transfer/conveyance of good and adequate consideration, the adequacy, sufficiency, and receipt of which
are hereby expressly acknowledged and attested to,the undersigned Grantor hereby grants,creates,imposes
and establishes a Declaration of Restriction on Future Development for and in favor of Grantor upon the
above legally described Restricted Parcel which shall run with the land and be binding upon the undersigned
Grantee(s),and tenant(s),heirs,assigns and successors in interest thereto,and shall remain in full force and
effect forever,and Grantor and Grantee(s)declare(s)and grant(s)and accept as follows:
1) Recitals.The foregoing recitals are true and correct and are hereby incorporated as if fully stated herein.
2) Restriction on Development. Notwithstanding the general density standard of one (1) residential
dwelling unit per platted lot in the Improved Subdivision Land Use District,per this Declaration:
A. The Restricted Parcel shall have a residential density of zero(0)dwelling units.No development
rights may be transferred off of the Restricted Parcel,nor shall any Restricted Parcel be eligible
as a Receiver Site for the transfer of development rights from another Sender Site or location.
B. Limits development on the Restricted Parcel to non-habitable residential accessory use(s)if
otherwise qualified,and/or permitted non-residential principal and accessory uses in the
applicable Restricted Parcel land use district now existing or as it may be amended from time to
timer; and
C. The Restricted Parcel shall not be eligible for use as a land dedication parcel or lot aggregation
parcel for purposes of the ROGO allocation system. The Restricted Parcel shall be worth zero(0)
points for land dedication or lot aggregation.
D. The Restricted Parcel shall not be eligible for use as a land dedication parcel for purposes of the
NROGO allocation system.The Restricted Parcel shall be worth zero(0)points for land
dedication.
3) No Conflicts.The undersigned Grantor hereby covenant(s)with Grantee that Grantor(s)is/are lawfully
seized of the Restricted Parcel in fee simple free and clear of all encumbrances that are inconsistent
with the terms of and exhibits attached to this Declaration.
4) Perpetual Duration.This Declaration is intended to benefit,run with the land in favor of,and shall in
perpetuity inure to Grantor,Monroe County,Florida.
5) Construction and Interpretation.The construction and interpretation of such, and all other, Monroe
County Comprehensive Plan provision(s)and Monroe County Code(s)provision(s)shall be construed
in favor of Grantor and such construction and interpretation shall be entitled to great weight on trial
and on appeal.
6) Recordation.Amendment.Modification,or Release.
A. The undersigned Grantee(s)hereby agree to the recording of the Declaration with the Clerk of the
Circuit Court of Monroe County and agree to the re-recording of said documents at any time
Grantor may require in order to preserve its(Grantor's)rights.
B. No amendment or modification to this Declaration is effective unless agreed to in writing by both
Grantor and the undersigned Grantee(s) and filed, together with all appropriate and required
Joinder(s),with the Clerk of Circuit Court of Monroe County for recording in the Official Records
of Monroe County,Florida.
C. This Declaration may not be rescinded, voided, or released unless and until the Monroe County
Board of County Commissioners (hereinafter `BOCC") approves such rescission, voidance, or
release by BOCC Resolution.
7) Subsequent Reference Requirement.
A. The undersigned Grantee(s),tenant(s)thereto,the personal representative(s),heir(s),assign(s),and
successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, hereby agree(s) to and
shall submit a copy of this filed and recorded Declaration together with(simultaneously in date and
time with) all future development applications relating to the Restricted Parcel. Such submission
by the undersigned Grantee(s), tenant(s) thereto, the personal representative(s),heir(s), assign(s),
and successor(s) in title of the undersigned Grantee(s), and tenant(s) thereto, shall be to the
agency(ies), department(s), and office(s) in receipt of or otherwise receiving such development
application(s). This requirement is non-exclusive to Monroe County agencies, departments, and
offices,and is to be construed as inclusive of all reviewing federal,state,Monroe County,and local
agencies, departments, and offices in receipt of or otherwise receiving such development
application(s), such that the undersigned Grantee(s), tenant(s) thereto, the personal
representative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantee(s), and
tenant(s)thereto, must so simultaneously furnish a copy of this filed and recorded Declaration to
any and all federal and state,Monroe County,and local agencies,departments,and offices in receipt
of or otherwise receiving such development application(s).
B. The undersigned Grantee(s),tenant(s),thereto,the personal representative(s),heir(s),assign(s),and
successor(s) in title of the undersigned Grantor(s), and tenant(s) hereto, shall reference this
Declaration and all previously executed and recorded restrictions in any future instrument
conveying title to or an interest in the Restricted Parcel, including the recording book and page
number(s)and document number(s)of this Declaration.
8) Joint-and-Several Liability. If the undersigned Grantee(s), tenant(s) thereto, the personal
representative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantee(s), tenant(s),
thereto, or any other non-County natural person(s)or legal person(s)are party(ies)to any suit, action,
or proceeding, in law or in equity,initiated, cross-initiated, counter-initiated,or filed by the County to
enforce any provision(s), restriction(s), or term(s) contained herein, and consist(s) of more than one
person(s)or entity(ies), such person(s)and entity(ies)shall be jointly and severally liable.
9) Notice and Service of Process.
A. Notice — To Grantor. All notices, consents, approvals, or other communications to Grantor
hereunder shall be in writing and shall be deemed properly served if sent by U.S. Postal Service
Certified Mail,return receipt requested,in the following for,and address:
Monroe County Planning& Environmental Resources Department
Attn: Senior Director
Subject: Declaration of Restriction on Future Development
2798 Overseas Highway
Marathon,FL 33050
And with a copy to:
Monroe County Attorney's Office
Subject: Declaration of Restriction on Future Development
1111 12th Street, Suite 408
Key West,FL 33040
10) Dispute Resolution—Meet-and-Confer Prerequisite.The undersigned Grantee(s),tenant(s)thereto,
the personal representative(s), heir(s), assign(s), or successor(s) in the title of the undersigned
Grantee(s), and tenant(s)thereto,hereby agree(s)that as a first condition precedent to his/her/its/their
initiation of litigation or adversarial administrative proceedings against the County in the form of a suit
or action arising out of, related to, or in connection with this Declaration, shall first, prior to the
initiation of such suit or action, attempt to resolve their dispute(s)and disagreement(s)by a meet-and-
confer session between himself/herself/themselves and Monroe County Planning & Environmental
Resources Department staff and counsel of the Monroe County Planning& Environmental Resources
Department. If no resolution can be agreed upon within thirty (30) days after occurrence of the
aforesaid meet-and-confer session, such issue(s) shall next as a second condition precedent to the
initiation of such suitor action,be discussed at a public meeting of the Monroe County BOCC occurring
in the same geographic sub-area as the geographic location of such Restricted Parcel(i.e.,Upper Keys
— Key Largo, Middle Keys — Marathon, Lower Keys — Key West). The undersigned Grantee(s),
tenant(s) thereto, the personal representative(s), heir(s), assign(s), or successor(s) in title of the
undersigned Grantee(s),and tenant(s)thereto,hereby agree(s)that in the event he/she/it/they so initiate
such suit or action without satisfying both of these conditions precedent to their initiation or litigation
or adversarial administrative proceedings against the County, that the County shall automatically be
entitled to an Order granting Grantor's Motion to Dismiss and Florida Statute Sec. 57.105 (2015)
Motion for Sanctions and Attorney's Fee(or,at Grantor's election(if applicable),their Florida statutory
equivalent(s),Federal equivalent(s),or non-Florida legal equivalent(s).
11) Limitation of Liability.
A. In the event of any litigation concerning the conditions, provisions, revisions, or terms of the
Declaration,Grantor,the undersigned Grantee(s),tenant(s)thereto,the personal representative(s),
heir(s),assign(s),and successor(s)in the title of the undersigned Grantee(s),and tenant(s)thereto,
hereby agree to expressly waive and shall be treated as having expressly waived their right to ajury
trial.
B. The undersigned Grantee(s), tenant(s)thereto,the personal representative(s), heir(s), assign(s), or
successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, hereby agree(s) that no
charge(s)or claim(s)shall be made by it for any delay(s)or the effective date of this Declaration.
C. No Waiver. Grantor shall not be deemed to have waived any rights under this Declaration unless
such waiver has been given,within this instrument,both expressly and specifically.
D. No Personal Liability. The County expressly reserves and in no way shall be deemed to have
waived for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and
any other similar defense, immunity, exemption, or protection against any suit, cause-of-action,
demand, or liability. Further, no covenant,provision,or term of this Declaration shall be deemed
to be a covenant or agreement of any officer, employee, or agent of the County in his or her
individual capacity, and no officer,employee,or agent of the County shall be liable personally in
this Declaration or be subject to any personal liability or accountability by reason of the execution
of this Declaration.
E. Non-Reliance by Third-Parties. No person(s) or entity(ies) shall be entitled to rely upon the
terms,or any of them,of this Declaration to enforce or attempt to enforce any third-party claim(s)
or entitlement(s)to or benefit(s)of any service(s),term(s),or program(s)contemplated hereunder.
12) Enforcement.
A. Default Notice. In the event of breach or violation of the restrictions or terms hereof by Grantee(s),
tenant(s) thereto, the personal representative(s), heir(s), assign(s), or successor(s) in title of the
undersigned Grantee(s), or tenant(s) thereto, Grantor shall provide written "Notice of Default"or
"Notice of Violation"to such breach(es)or violation(s)within thirty(30)days of receiving notice
of such breach(es)or violation(s).
B. Grantee(s)Breach or Violation,
1. Uncured breach(es) or violation(s), by the undersigned Grantor(s), tenant(s) thereto, the
personal representative(s), heir(s), assign(s), or successor(s) in title of the undersigned
Grantor(s), or tenant(s) thereto, of the terms of and restrictions imposed by this Declaration
shall, without any additional notice beyond this Declaration's recordation, entitle Grantee to
immediately suspend and/or rescind, without liability to Grantee, development applications,
pending permits,approvals,and inspections,and issued development order(s)contingent upon
the effectiveness of this Declaration and Grantor(s) compliance thereto, the compliance of
tenant(s) thereto, the compliance of the personal representative(s), heir(s), assign(s), or
successor(s) in title of the undersigned Grantor(s) thereto, and the compliance of tenant(s)
thereto, with the terms of this Declaration, applied for or those permits, approvals, and/or
inspections necessary to cure such breach(es) or violation(s). Such uncured breach(es) or
violation(s) shall be presumed to constitute breach(es) or violation(s)that is/are irreparable or
irreversible in nature.
2. In the event of any suit,action,or proceeding,in law or in equity,by the County to enforce the
restrictions or terms contained herein, if the County prevails in any such suit, action, or
proceeding, on trial or appeal, the County shall be entitled to reasonable attomey's fees,
including trial,appellate,bankruptcy,and post-judgement costs and collection proceedings for
the maintenance or defense of any such suit, action, or proceeding, to be paid by the losing
party(ies) as fixed by the court. Any judgement so rendered in favor of the County in
connection with any suit,action, or proceeding arising out of,related to,or in connection with
this Unity if Title, shall bear interest at the highest rate allowed by law. The County may
recover reasonable legal and professional fees attributable to the preparation, administration,
and enforcement of such suit,action,or proceeding,from any person(s)and/or entity(ies)from
or whom a demand or enforcement request is made, regardless of actual initiation of a suit,
action, or proceeding. These remedies are in addition to any other remedy, fine, or penalty
which may be applicable under, including, but not limited to, Chapters 162.373, and 403,
Florida Statutes, and any other action at law or in equity. Grantee hereby agrees and the
undersigned Grantee(s),tenant(s)thereto,the personal representative(s),heir(s),assign(s),and
successor(s)in title of the undersigned Grantee(s),and tenant(s)thereto,hereby agree that suits,
actions,and proceedings arising out of,related to,or in connection with this Declaration shall
be in accordance with the Florida Rules of Civil Procedure.
3. Cumulative Remedies. In the event of any breach or violation of the restrictions or terms
contained herein,Grantor shall,without liability to Grantor,have the right to proceed at law or
in equity as may be necessary to enforce compliance with the restrictions or terms hereof, to
enjoin activities, construction, maintenance, practices, repairs, and uses inconsistent with the
restrictions or terms hereof,and to otherwise prevent the breach or violation of any of them,to
collect damages, and both authorized and entitled to enforce this Declaration by emergency,
preliminary, and permanent injunction, including by ex parte motion and action for such
injunction(s), it being hereby expressly and specifically agreed that Grantor has no adequate
remedy at law, or such other legal method as Grantor deems appropriate. All rights and
remedies accruing to the County shall be assignable in whole or in part and be cumulative;that
is,the County may pursue such rights and remedies as the law and this Declaration afford it in
whatever order the County desires and the law permits. The County's resort to any one law(s)
and/or remedy(ies) in advance of any other shall not result in waiver or compromise of any
other law(s) and/or remedy(ies). The undersigned Grantor(s), tenant(s) thereto, the personal
representative(s), heir(s), assign(s), or successor(s) in title of the undersigned Grantor(s), and
tenant(s) thereto, hereby agree(s) to and shall pay for all costs associated with Grantee's
enforcement action(s).
4. Failure of the undersigned Grantee(s),tenant(s)thereto,the personal representative(s),heir(s),
assign(s),or successor(s)in title of the undersigned Grantor(s),or tenant(s)thereto,to comply
with or perform any act required by or under this Declaration shall not impair the validity of
this Declaration or the conditions,provisions, reservations,restrictions,rights,or terms hereof
or limit their enforceability in any way.
5. Enforcement of the conditions,provisions, restrictions, and terms of this Declaration shall be
at the discretion of the Grantor,Grantor's delay or failure to enforce or omission in the exercise
of any condition, provision, reservation, restriction, right, or term contained herein, however
long continued, shall not be deemed a waiver or estoppel of the right to do so thereafter as to
any violation or breach. No Grantor waiver of a breach of any of the condition(s),provision(s),
reservation(s),restriction(s),right(s),or term(s)hereof,shall be construed to be a waiver of any
succeeding breach of the same condition(s),provision(s),reservation(s),restriction(s),right(s),
or term(s)hereof.
13) Duty to Cooperate. Where required under this Declaration or related agreement(s), the undersigned
Grantee(s),tenant(s)thereto,the personal representative(s),heir(s), assign(s), and successor(s)in title
of the undersigned Grantee(s), and tenant(s) thereto, shall, to ensure the implementation of the
government purpose furthered by this Declaration, cooperate with Grantor's reasonable requests
submitted to Grantee(s), tenant(s)thereto, Grantee's personal representative(s), heir(s), assign(s), and
successor(s)in title,and tenant(s)thereto, regarding the terms and conditions contained herein.
14) Inconsistency. Partial Invalidity. Severability, and Survival of Provisions. If any condition,
provision, reservation, restriction, right, or term of this Declaration, or any portion(s) thereof, is/are
held to be invalid or unenforceable in or by any administrative hearing officer or court of competent
jurisdiction, the invalidity or unenforceability of such condition, provision, reservation, restriction,
right, term, or any portion(s) thereof, shall neither limit nor impair the operation, enforceability, or
validity of any other condition, provision, reservation, restriction, right, term, or any remaining
portion(s) thereof All such other conditions, provisions, reservation, restrictions, rights, terms, and
remaining portion(s)thereof shall continue unimpaired in full force and effect.
15) Captions and Paragraph Headings.Captions and paragraph headings,where used herein,are inserted
for convenience only and are not intended to descriptively limit the scope and intent of the paragraph
or text to which they refer.
16)No Encumbrances. The undersigned grantee(s), tenant(s) thereto, the personal representative(s),
heir(s), assign(s), and successor(s) in title of the undersigned Grantee(s), and tenant(s) thereto,
represent(s) and warrant(s)that, to his/her/its/their knowledge,there are no superior encumbrances or
material claims, cause-of-action, or other proceedings pending or threatened in respect to the
ownership, operation,or environmental condition(s)of the above legally described property that may,
shall, or will diminish, extinguish, interrupt, or subordinate the effectiveness or operation of this
Declaration's provision(s),restriction(s),right(s),and term(s)running in perpetuity in favor of Grantor,
Monroe County,Florida.
17) Governing LawsNenue.This Declaration is and the construction and enforcement of the restrictions,
terms,and obligations established therefrom are governed by the Monroe County Comprehensive Plan
and the Monroe County Code(s), and shall be liberally construed and enforced in favor of the grant to
effectuate the public purpose of this Declaration and the policy(ies) and purpose(s) of the Monroe
County Comprehensive Plan and the Monroe County Code(s). Exclusive venue for any dispute arising
from or under, relating to, or in connection with this Declaration shall be in the Sixteenth Judicial
Circuit in and for Monroe County,Florida.
18)Authority to Attest. Each party to this Declaration represents and warrants to the other that the
execution, delivery, and performance of this Declaration has been duly authorized by all necessary
corporate and other organizational action, as required.
19) Effective Date. This Declaration will become effective upon recordation in the Official Records of
Monroe County, Florida.
TO HAVE AND HOLD UNTO GRANTOR and GRANTEE FOREVER.
EXECUTED ON' THIS // day of May,2020
Gd//I GRANTOR:
First Witness P t Name) Monroe C unty,Florida:
First Witness ignat Ma r Hea er arruthers
Ada/c tK - fontc
Second Witness(Print Name)
Second Witness(Signature)
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me by means of LTphysical presence or 0 online
notarization,this it day of May, 2020 by Heather Carruthers,who is personally known to me or has
produced as identification.
[Notary Seal] Notary Public
C. t-1 Sec,A.%t.
pirs," CAROL A.SCHRECK I Printed Name:
MY COMMISSION#O0 06e264 I
L EXPIRES:Feleuary 1S,2021
+yd.(t Bonded NuNorm Rfs UNeMMfete 2fir/am
My Commission Expires:
WITNESSES TO ALL: GRANTEE(S)
221 CORSAIR, LLC,
A Florida limited liability company
David Williamson,as M.lager
;ko A30Wr, i j to t Itsroli
First,Wfitness(Print Nam Gm (Pit ame)
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First Witness(Signature) GranteeNo. I ?ignature)
Second Witness(Print Name)
bv(r iL BascitrNf
Second Witness(Signature)
pas CarSai Li
Duct/ FL 3305a
(Complete Mailing Address above)
STATE OF FLORIDA
COUNTY OF MONROE ..,,
The foregoing instrument was acknowledged before me by means of$physical presence or 0 online
notarization,this 13 day of May,2020 by David Williamson,as 221 Corsair,LLC,a Florida
limited liability company,who are personally known to me or has produced
as identification. /9
]Notary Seal] Notary Public
rHOMAS o.WRIGHTi
Printed Name'. --rho_.,5 b Lr//' y L-�
h�� Notary dIC-4t of Honda
yrg - Commission GG 111628
'+a, My Exp Jul 6.2023
Bonded mlo�gn NationalNotary Assn. My Commission Expires: lV Jly 6/ 10a3
Exhibit"A"
Lot 12, Block 6,PLANTATION ISLAND,DUCK KEY, according to the map or plat thereof,as
recorded in Plat Book 5,Page 82, of the Public Records of Monroe County,Florida.