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Item H7 H.7 County f � .�� ��� BOARD OF COUNTY COMMISSIONERS Mayor David Rice,District 4 Mayor Pro Tem Craig Cates,District 1 The Florida Keys ' Y � ��F' Michelle Coldiron,District 2 Vacant,District 3 --' Holly Merrill Raschein,District 5 County Commission Meeting February 16, 2022 Agenda Item Number: H.7 Agenda Item Summary #10218 BULK ITEM: No DEPARTMENT: County Land Acquisition and Land Management TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180 9:25:00 AM AGENDA ITEM WORDING: Discussion and Direction on whether to accept repayment for Transferrable Development Right (TDR) from Jane Gilbert and release Unity of Title recorded after Jane Gilbert sold the transferable development right(TDR)to Monroe County ITEM BACKGROUND: In 2019, Ms. Jane Gilbert sold one (1) transferrable development right to the County under the Less than Fee (LTF) program. She owned two adjacent lots, one with a house and the other with a swimming pool on it. Ms. Gilbert submitted her The Less Than Fee application on February 20, 2019. The Board approved the purchase on September 18, 2019 and that transaction closed on September 27, 2019. As part of the LTF transaction, a unity of title for the two lots was filed in the official land records. Three days later, Ms. Gilbert sold that property to Olivia and Peter Poto. The Potos recently sued Ms. Gilbert and others, claiming that they did not know about the Less than Fee transaction and would not have closed on the transaction had they known that they could not build a second house on the lot with the swimming pool. The Potos have also sued the closing agent and the title insurance company. The parties are scheduled to mediate the dispute in the near future. Attached is a letter from Ms. Gilbert, requesting to buy back the TDR and release the land from the Unity of Title. At this writing, it is unknown if the Potos and the title insurance company are joining in with this request. Ms. Gilbert is requesting the Board's position so she can determine if that would be a viable way of resolving the lawsuit. Ms. Gilbert's request, as framed, is contrary to the interests of the County and the State. The BOCC established the LTF program as one of several strategies for retiring development rights. The BOCC initiated these programs in contemplation of the County potentially reaching build-out in anticipation of the State of Florida stopping the issuance of additional Rate of Growth Ordinance (ROGO) allocations beyond that which is authorized under current law. Each building right retired is potentially one less property rights claim that the State and County may have to defend in the future. Packet Pg. 1779 H.7 A simple refund of the transaction costs would add to, not subtract from, the overall residential density potential for the County. Moreover, real estate values have increased so Ms. Gilbert simply refunding the funds the County paid her in exchange for the development rights would not likely be sufficient to close another LTF transaction. However, if at least one party to the lawsuit would retire a substantially equivalent development right from a different parcel of land at no cost to the County in exchange for a release of the unity of title for the Potos' property, that transaction would satisfy the County's interests and should resolve the Potos' suit. In order to avoid the costs of litigation, the title insurance company may find it in its best interest to purchase a lot with an equivalent development right and donate it to the County or the Land Authority. PREVIOUS RELEVANT BOCC ACTION: On June 20, 2018, the Board approved BOCC approved Resolution 175-2018 creating the Less Than Fee Acquisition Program (County Attorney Item P-4). On December 19, 2018, the Board approved Resolution 438-2018 amending Resolution 175-2018 (County Attorney Item P-4). On September 18, 2019, the Board approved the contract for the purchase of a Less Than Fee interest from Ms. Gilbert (Item T-6). CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Denial as requested. DOCUMENTATION: GilbertJ07ContractSignedBySeller GilbertJ08ClosingDocs Letter from Gilbert requesting LTF removal Subject Property Map and info FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Packet Pg. 1780 H.7 Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: n/a REVIEWED BY: Christine Hurley Completed 02/01/2022 9:37 AM Dina Gambuzza Completed 02/01/2022 9:38 AM Cynthia Guerra Completed 02/01/2022 9:44 AM Bob Shillinger Completed 02/01/2022 2:09 PM Purchasing Completed 02/01/2022 2:12 PM Budget and Finance Completed 02/01/2022 3:40 PM Risk Management Completed 02/01/2022 4:14 PM Liz Yongue Completed 02/01/2022 4:38 PM Board of County Commissioners Pending 02/16/2022 9:00 AM Packet Pg. 1781 H.7.a AGREEMENT FOR THE PURCHASE OF LESS THAN FEE INTEREST IN LANDS THIS AGREEMENT T is made and entered into this day of 2019, b and between Jane P. Gilbert, as Trustee of the Jane P. GilbertLiving Trust Under Trust Dated 11/1 1 7 (hereinafter ` eller(s)"), for themselves, their heirs, executors, administrators, successors and assigns, and MONROE COUNTY, FLORIDA I (hereinafter "COUNTY"), ), ITP E 'ETH: . The Seller(s) represent they are the owners of the following parcel (hereinafter "Primary Parcel" the eunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida, that is currently developed with a residential dwelling unit and is more particularly described as � follows-, to-wit: Block 18, Lot 1, Cutthroat Harbor Estates ( 4-165) RE #00179990-000000 TheSeller(s) represent they are also the owners of the following parcel (hereinafter "Secondary Parcel") thereunto belonging, owned by there, situate and lying in the County of Monroe, State of Florida, that borders the Primary Parcel and is currently not developed with a residential dwelling unit or any other habitable space and is more particularly described as follows; to-wit; E c Block 18, Lot 2, Cutthroat Harborstates p1 y RE#00179990-000000 2. In consideration of Ten Collars ( 10.00) in hand, paid by the COUNTY, the receipt of which is hereby acknowledged, the Seller(s) agree to sell to the COUNTY certain property rights associated with the Secondary Parcel owned by Seller, upon the terms and conditions hereinafter sat forth, and for the prig of $30,000,00, TheSeller(s) covenant to surrender, release, relinquish and transfer any and all of the ; eller(s)'s property rights to develop. a) residential dwelling units; and b) accessory structures providing detached habitable space (hereinafter collectively "Less Than Fee Interest") on the Secondary Parcel. . The Seller(s) agree that they have full right, power and authority to convey, and that they will convey to the COUNTY the Less Than Fee Interest and will simultaneously unify title of the � servient estate of the Secondary Parcel with the Primary Parcel, subject to the following conditions and obligations- The COUNTY, at the COUNTY'S COUNTY' expense, shall have a title report commissioned to allow the _ COUNTY or its agent to examine all record detail of the ownership and encumbrances (0 & E) affecting title to the Secondary Parcel. The COUNTY may, at its option during the time permitted for examination of title, have the Secondary Parcel surveyed and certified by a registered Florida surveyor. If the survey or 0 & E report disclose encroachments on the Secondary Parcel or the existence of improvements located thereon, or any other restrictions, contract covenants, liens, transfers of development rights, or applicable governmental regulations, deemed not acceptable to the COUNTY, the same shall constitute a title defect. 1 Packet Pg. 1782 H.7.a The COUNTY shall have sixty ( ) days from the effective date of this agreement in which to examine the 0 & E of Seller's title. If title is found defective, as determined in the sole discretion of COUNTY, the COUNTY shall, within this specified time period, notify Seller(s) in writing specifying defect(s). If the defect(s) render title unacceptable to the COUNTY, the Seller(s) will have one hundred twenty (1 ) 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 COUNTY shall have the option of either accepting the title as it then is or rescinding the Agreement herein. . The Seller(s) further agree not to do, or suffer others to do, any act by which the value or property . rights associated vAth the Less Than Fee Interest may be diminished or encumbered while this Agreement is pending. In the event any such diminution, encumbrance or other impairment occurs, the COUNTY may, without liability, refuse to accept conveyance of said Less Than Fee � Interest_ . The Seller(s) further agree that during the period covered by this instrument officers and accredited agents of the COUNTY shall have at all reasonable tunes the unrestricted right and privilege to enter upon the Secondary Parcel for all proper and lawful purposes, including examination of the Secondary Parcel and the resources upon it. Nothing herein shall be construed to constitute an acceptance of any existing or future code or building violation on the Primary Parcel or the Secondary Parcel. This provision shall survive closing, The Seller(s) hereby waive their rights to any and all claims against the COUNTY or the State of Florida associated with, or arising from ownership of, the Secondary Parcel and this waiver shall survive closing. . The Seller(s) will execute and deliver upon demand of the proper officials and agents of the COUNTY the following documents conveying to the COUNTY all of Seller's Less Than Fee Interest in a manner satisfactory to the legal counsel of the COUNTY: TY: a) Covenant of Unity of Title and Restrictions on Future Development and/or Conveyances 2 (hereinafter"Covenant of unity of Title document") ) Joinder of Mortgagee (if applicable) _ c) Joinder of Non-Mortgagee Encumbrance Holder (if applicable) d) Grantor's affidavit of No Encumbrance (if neither b or c above applies) � e) affidavit of Trustee (if land owned by a Trust) f) application to Monroe County Property appraiser to Consolidate Real Estate Parcels 7. In consideration whereof the COUNTY agrees that it will purchase all of said Less Than Fee Interest at the price of $30,000.00. The COUNTY further agrees that after the preparation, execution, and delivery of the documents enumerated above, and after the legal counsel of the 2 COUNTY shall have approved the documentation releasing the Less Than Fee Interest to be surrendered to and vested in the COUNTY, it will cause to be paid to the Seller(s) the purchase �i price, less any costs of closing payable by Seller„ as set forth below. The COUNTY shall pay the following expenses associated with the conveyance of the Less Than Fee Interest: recording fees for the documents listed in Section 6, settlement fees, 0 & F report fees, title examination fees, and the Buyers attorney's fees. The Seller(s) shall pay the real estate commissions, if any are due. Full transfer, surrender and possession of the development rights E described above shall pass to the COUNTY as of the date payment is made to the Seller(s) � subject only to the reservations stated in Section 2 above. . It shall be the obligation of the Seiler(s) to pay any assessments outstanding as liens due to the County at the date the Less Than Fee Interest vests of record in the COUNTY. 2 Packet Pg. 1783 H.7.a . 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; 777 Jolly Roger Drive with a copy to Lisa Ferringo Summerland Key, FL. 33042 Col ell Banker Schmitt Real Estate lisaferringo@gmaii.com and shall be effective upon date of er ailing or mailing and shall be binding upon all of the Seller(s) without ending a separate notice to each, except as such obligation may be affected by the provisions of Section 6 herein. 10. The effective date of this Agreement shall be that date when the last one of the Seller(s) and the COUNTY has signed this Agreement. 11. If the Seller(s) wishes to proceed with this transaction, the Seller(s) have until September 11, 2019 to sign and return this Agreement to the COUNTY. This Agreement may be executed in counterparts. Notwithstanding any provision of this Agreement to the contrary, the obligation of closing of this transaction is contingent upon approval by the Monroe County Board of County Commissioners, failing which the COUNTY and the Seller(s) shall release one another of all further obligations ender this Agreement. 12_. In the event this transaction has not closed by September 30, 2019, theSeller(s) shall have the right to terminate this Agreement by providing written notice to the COUNTY at the following address: Monroe County Land Authority, 1200 Truman Avenue, Suite 207, Key West, FL 33040. In the event the Seller(s) exercise said right, the COUNTY and theSeller(s) shall release one 6 0 another 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 COUNTY or its authorized representative, or any other office or agent of the COUNTY authorized to purchase = said Less Than Fee Interest in land, the option and right to enter into this Agreement for Purchase ~� within ninety (90) days from the execution thereof by the eller(s), and to purchase the Less Than 2 Fee Interest as herein provided, providing said Purchase is duly approved by the Monroe County 0) Board of County Commissioners. Seller/Jane P. Gilbert, as Trustee of the Jane P. Gilbert Living Trust Under Trust Dated 11/13/97 U) i,'g n-at u re [date -- Phone Number snail Address Buyer/ COUNTY: MONROE COUNTY, FLORIDA KEVIN MADOK, CPA, Clerk y: Deputy Clerk Sylvia J. Murphy, Mayor (Seal) Date; Packet Pg. 1784 H.7.a AGREEMENT FOR THE PURCHASE OF LESS THAN FEE INTEREST IN LANDS THIS AGREEMENT is made and entered into this day of , 2019, by and between Jane P. Gilbert, as Trustee of the Jane P. Gilbert Living Trust Under Trust Dated 11/13/97 (hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and assigns, and MONROE COUNTY, FLORIDA (hereinafter"COUNTY"). WITNESSETH: 1. The Seller(s) represent they are the owners of the following parcel (hereinafter "Primary Parcel") thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida, that is currently developed with a residential dwelling unit and is more particularly described as follows; to-wit: Block 18, Lot 1, Cutthroat Harbor Estates (PB 4-165) RE#00179990-000000 The Seller(s) represent they are also the owners of the following parcel (hereinafter "Secondary Parcel") thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida, that borders the Primary Parcel and is currently not developed with a residential dwelling unit or any other habitable space and is more particularly described as follows; to-wit: _6 Block 18, Lot 2, Cutthroat Harbor Estates (PB 4-165) RE#00179990-000000 2. In consideration of Ten Dollars ($10.00) in hand, paid by the COUNTY, the receipt of which is hereby acknowledged, the Seller(s) agree to sell to the COUNTY certain property rights associated with the Secondary Parcel owned by Seller, upon the terms and conditions hereinafter = set forth, and for the price of $30,000.00. The Seller(s) covenant to surrender, release, relinquish and transfer any,and all of the Seller(s)'s property rights to develop: a) residential dwelling units; and b) accessory structures providing detached habitable space (hereinafter collectively"Less Than Fee Interest") on the Secondary Parcel. 3. The Seller(s) agree that they have full right, power and authority to convey, and that they will convey to the COUNTY the Less Than Fee Interest and will simultaneously unify title of the servient estate of the Secondary Parcel with the Primary Parcel, subject to the following conditions and obligations: The COUNTY, at the COUNTY'S expense, shall have a title report commissioned to allow the COUNTY or its agent to examine all record detail of the ownership and encumbrances (O & E) affecting title to the Secondary Parcel. The COUNTY may, at its option during the time permitted for examination of title, have the Secondary Parcel surveyed and certified by a registered Florida surveyor. If the survey or O & E report disclose encroachments on the Secondary Parcel or the existence of improvements located thereon, or any other restrictions, contract covenants, liens, transfers of development rights, or applicable governmental regulations, deemed not acceptable to the COUNTY, the same shall constitute a title defect. 1 Packet Pg. 1785 H.7.a The COUNTY shall have sixty (60) days from the effective date of this Agreement in which to examine the O & E of Seller's title. If title is found defective, as determined in the sole discretion of COUNTY, the COUNTY shall, within this specified time period, notify Seller(s) in writing specifying defect(s). If the defect(s) render title unacceptable to the COUNTY, 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 COUNTY shall have the option of either accepting the title as it then is or rescinding the Agreement herein. 4. The Seller(s)further agree not to do, or suffer others to do, any act by which the value or property rights associated with the Less Than Fee Interest may be diminished or encumbered while this Agreement is pending. In the event any such diminution, encumbrance or other impairment occurs, the COUNTY may, without liability, refuse to accept conveyance of said Less Than Fee Interest. 5. The Seller(s) further agree that during the period covered by this instrument officers and accredited agents of the COUNTY shall have at all reasonable times the unrestricted right and privilege to enter upon the Secondary Parcel for all proper and lawful purposes, including examination of the Secondary Parcel and the resources upon it. Nothing herein shall be construed to constitute an acceptance of any existing or future code or building violation on the Primary Parcel or the Secondary Parcel. This provision shall survive closing. The Seller(s) hereby waive their rights to any and all claims against the COUNTY or the State of Florida associated with, or arising from ownership of, the Secondary Parcel and this waiver shall survive closing. 6. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the COUNTY the following documents conveying to the COUNTY all of Seller's Less Than Fee y Interest in a manner satisfactory to the legal counsel of the COUNTY: a) Covenant of Unity of Title and Restrictions on Future Development and/or Conveyances (hereinafter"Covenant of Unity of Title document") b) Joinder of Mortgagee(if applicable) _ c) Joinder of Non-Mortgagee Encumbrance Holder(if applicable) d) Grantor's Affidavit of No Encumbrance (if neither b or c above applies) e) Affidavit of Trustee(if land owned by a Trust) f) Application to Monroe County Property Appraiser to Consolidate Real Estate Parcels 7. In consideration whereof the COUNTY agrees that it will purchase all of said Less Than Fee Interest at the price of $30,000.00. The COUNTY further agrees that after the preparation, execution, and delivery of the documents enumerated above, and after the legal counsel of the COUNTY shall have approved the documentation releasing the Less Than Fee Interest to be surrendered to and vested in the COUNTY, it will cause to be paid to the Seller(s) the purchase price, less any costs of closing payable by Seller, as set forth below. The COUNTY shall pay the following expenses associated with the conveyance of the Less Than _ Fee Interest: recording fees for the documents listed in Section 6, settlement fees, O & E report fees, title examination fees, and the Buyer's attorneys fees. The Seller(s) shall pay the real estate commissions, if any are due. Full transfer, surrender and possession of the development rights described above shall pass to the COUNTY as of the date payment is made to the Seller(s) subject only to the reservations stated in Section 2 above. 8. It shall be the obligation of the Seller(s) to pay any assessments outstanding as liens due to the County at the date the Less Than Fee Interest vests of record in the COUNTY. 2 Packet Pg. 1786 H.7.a 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: 22777 Jolly Roger Drive with a copy to: Lisa Ferringo Summerland Key, FL 33042 Coldwell Banker Schmitt Real Estate lisaferringo@gmail.com and shall be effective upon date of emailing or 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 Section 6 herein. 10.The effective date of this Agreement shall be that date when the last one of the Seller(s) and the COUNTY has signed this Agreement. 11. If the Seller(s) wishes to proceed with this transaction, the Seller(s) have until September 11, 2019 to sign and return this Agreement to the COUNTY. This Agreement may be executed in counterparts. Notwithstanding any provision of this Agreement to the contrary, the obligation of closing of this transaction is contingent upon approval by the Monroe County Board of County Commissioners, failing which the COUNTY and the Seller(s) shall release one another of all further obligations under this Agreement. 12. In the event this transaction has not closed by September 30, 2019, the Seller(s) shall have the right to terminate this Agreement by providing written notice to the COUNTY at the following - address: Monroe County Land Authority, 1200 Truman Avenue, Suite 207, Key West, FL 33040. In the event the Seller(s) exercise said right, the COUNTY and the Seller(s) shall release one another 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 COUNTY or its authorized representative, or any other office or agent of the COUNTY authorized to purchase W said Less Than Fee Interest in land, the option and right to enter into this Agreement for Purchase within ninety (90) days from the execution thereof by the Seller(s), and to purchase the Less Than — Fee Interest as herein provided, providing said Purchase is duly approved by the Monroe County ) Board of County Commissioners. Seller/Jane P. Gilbert, as Trustee of the Jane P. Gilbert Living Trust Under Trust Dated 11/13/97 U) !9 �a'�,�17y- $o21 n'P- gnature Date Phone Number mail Address Buyer/COUNTY: MONROE COUNTY, FLORIDA KEVIN MADOK, CPA, Clerk By: Deputy Clerk Sylvia J. Murphy, Mayor (Seal) Date: 3 Packet Pg. 1787 a®l aBueqoxe ui al l}jo l4l n o4eumile ®4 4s n a :pegll ) all P ' }a a}u® L r l' :4u9ua 3 }} co s y . n 'tL r CV- CL <L _ 5 t AGREEMENT FOR THE PURCHASE OF LESS THAN FEE INTEREST IN LANDS THIS AGREEMENT is made and entered into this /0 day of ��� , 2019, by and between Jane P. Gilbert, as Trustee of the Jane P. Gilbert Living Trust Under Trust Dated 11/13/97 (hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and assigns, and MONROE COUNTY, FLORIDA (hereinafter"COUNTY"). WITNESSETH: 1. The Seller(s) represent they are the owners of the following parcel (hereinafter "Primary Parcel") thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida, that is currently developed with a residential dwelling unit and is more particularly described as follows; to-wit: X Block 18, Lot 1, Cutthroat Harbor Estates (PB 4-165) RE#00179990-000000 The Seller(s) represent they are also the owners of the following parcel (hereinafter "Secondary Parcel") thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida, that borders the Primary Parcel and is currently not developed with a residential dwelling unit or any other habitable space and is more particularly described as follows; to-wit: Block 18, Lot 2, Cutthroat Harbor Estates (PB 4-165) - RE#00179990-000000 0 2. In consideration of Ten Dollars ($10.00) in hand, paid by the COUNTY, the receipt of which is hereby acknowledged, the Seller(s) agree to sell to the COUNTY certain property rights associated with the Secondary Parcel owned by Seller, upon the terms and conditions hereinafter set forth, and for the price of $30,000.00. The Seller(s) covenant to surrender, release, relinquish and transfer any.and all of the Seller(s)'s property rights to develop: _ a) residential dwelling units; and b) accessory structures providing detached habitable space (hereinafter collectively"Less Than Fee Interest") on the Secondary Parcel. co 3. The Seller(s) agree that they have full right, power and authority to convey, and that they will convey to the COUNTY the Less Than Fee Interest and will simultaneously unify title of the servient estate of the Secondary Parcel with the Primary Parcel, subject to the following conditions and obligations: The COUNTY, at the COUNTY'S expense, shall have a title report commissioned to allow the E COUNTY or its agent to examine all record detail of the ownership and encumbrances (0 & E) affecting title to the Secondary Parcel. The COUNTY may, at its option during the time permitted for examination of title, have the Secondary Parcel surveyed and certified by a registered Florida surveyor. If the survey or 0 & E report disclose encroachments on the Secondary Parcel or the existence of improvements located thereon, or any other restrictions, contract covenants, liens, transfers of development rights, or applicable governmental regulations, deemed not acceptable to the COUNTY, the same shall constitute a title defect. 1 Packet Pg. 1789 The COUNTY shall have sixty (60) days from the effective date of this Agreement in which to examine the 0 & E of Seller's title. If title is found defective, as determined in the sole discretion of COUNTY, the COUNTY shall, within this specified time period, notify Seller(s) in writing specifying defect(s). If the defect(s) render title unacceptable to the COUNTY, 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 COUNTY shall have the option of either accepting the title as it then is or rescinding the Agreement herein. 4. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or property rights associated with the Less Than Fee Interest may be diminished or encumbered while this Agreement is pending. In the event any such diminution, encumbrance or other impairment occurs, the COUNTY may, without liability, refuse to accept conveyance of said Less Than Fee Interest. 5. The Seller(s) further agree that during the period covered by this instrument officers and accredited agents of the COUNTY shall have at all reasonable times the unrestricted right and privilege to enter upon the Secondary Parcel for all proper and lawful purposes, including examination of the Secondary Parcel and the resources upon it. Nothing herein shall be construed to constitute an acceptance of any existing or future code or building violation on the Primary Parcel or the Secondary Parcel. This provision shall survive closing. The Seller(s) hereby waive their rights to any and all claims against the COUNTY or the State of Florida associated with, or arising from ownership of, the Secondary Parcel and this waiver shall survive closing. 6. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the COUNTY the following documents conveying to the COUNTY all of Seller's Less Than Fee - Interest in a manner satisfactory to the legal counsel of the COUNTY: a) Covenant of Unity of Title and Restrictions on Future Development and/or Conveyances (hereinafter"Covenant of Unity of Title document") b) Joinder of Mortgagee (if applicable) c) Joinder of Non-Mortgagee Encumbrance Holder(if applicable) d) Grantor's Affidavit of No Encumbrance (if neither b or c above applies) _ e) Affidavit of Trustee(if land owned by a Trust) f) Application to Monroe County Property Appraiser to Consolidate Real Estate Parcels 7. In consideration whereof the COUNTY agrees that it will purchase all of said Less Than Fee Interest at the price of $30,000.00. The COUNTY further agrees that after the preparation, execution, and delivery of the documents enumerated above, and after the legal counsel of the co COUNTY shall have approved the documentation releasing the Less Than Fee Interest to be surrendered to and vested in the COUNTY, it will cause to be paid to the Seller(s) the purchase price, less any costs of closing payable by Seller, as set forth below. The COUNTY shall pay the following expenses associated with the conveyance of the Less Than Fee Interest: recording fees for the documents listed in Section 6, settlement fees, 0 & E report fees, title examination fees, and the Buyer's attorney's fees. The Seller(s) shall pay the real estate commissions, if any are due. Full transfer, surrender and possession of the development rights described above shall pass to the COUNTY as of the date payment is made to the Seller(s) subject only to the reservations stated in Section 2 above. B. It shall be the obligation of the Seller(s) to pay any assessments outstanding as liens due to the County at the date the Less Than Fee Interest vests of record in the COUNTY. 2 Packet Pg. 1790 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: 22777 Jolly Roger Drive with a copy to: Lisa Ferringo Summerland Key, FL 33042 Coldwell Banker Schmitt Real Estate lisaferringo@gmail.com and shall be effective upon date of emailing or 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 Section 6 herein. 10.The effective date of this Agreement shall be that date when the last one of the Seller(s) and the COUNTY has signed this Agreement. W 11. If the Seller(s) wishes to proceed with this transaction, the Seller(s) have until September 11, 2019 to sign and return this Agreement to the COUNTY. This Agreement may be executed in counterparts. Notwithstanding any provision of this Agreement to the contrary, the obligation of X closing of this transaction is contingent upon approval by the Monroe County Board of County Commissioners, failing which the COUNTY and the Seller(s) shall release one another of all 2 further obligations under this Agreement. 0 12. In the event this transaction has not closed by September 30, 2019, the Seller(s) shall have the right to terminate this Agreement by providing written notice to the COUNTY at the following address: Monroe County Land Authority, 1200 Truman Avenue, Suite 207, Key West, FL 33040. In the event the Seller(s) exercise said right, the COUNTY and the Seller(s) shall release one another of all further obligations under this Agreement. - 0 IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective y 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 COUNTY or its authorized representative, or any other office or agent of the COUNTY authorized to purchase said Less Than Fee Interest in land, the option and right to enter into this Agreement for Purchase within ninety (90) days from the execution thereof by the Seller(s), and to purchase the Less Than = Fee Interest as herein provided, providing said Purchase is duly approved by the Monroe County Board of County Commissioners. Seller/Jane P. Gilbert, as Trustee of the Jane P. Gilbert Living Trust Under Trust Dated 11/13/97 c �17 y- $D 2 I 1 h _ j [d wi•t'' oco gnature Date Phone Number mail Addr „ s 7r _ cD rr- - Buyer/COUNTY: MONROE COUNTY, FLORIDA M;�o, KEVIN MADOK, CPA, Clerk t� Clerk Sylvia X Murphy, Mayor pE^ .,^,nTrORNEY'S OFFIC F Date: 8 ►.� � PAUNECESCARNEY 3 ASSISTANT cou O DAB' Packet Pg. 1791 yoa' tom. COUITT CLOSING STATEMENT BUYER: MONROE COUNTY, FLORIDA SELLER: JANE P. GILBERT LIVING TRUST under trust dated November 13,1997 PROPERTY ADDRESS: Blk 18, Lot 2, Cutthroat Harbor Estates located at Jolly Roger Drive, Cudjoe Key, FL 33042 SETTLEMENT DATE: September 27, 2019 CREDITS SELLER BUYER SELLER................ 0 w PURCHASE PRICE $30,000.00 $30,000.00 $30,000.00 for less than fee interest x EXPENSES 0 Closing Fee to Oropeza, Stones & Cardenas, PLLC $ 500.00 Title Search to Oropeza, Stones & Cardenas, PLLC $ 125.00 Attorney's Fees to Adele V. Stones,PA $ 475.00 Recording Fee to Monroe County Clerk: Unity of Title—Pages 12 (Buyer) $ 103.50 E Affidavit of No Encumbrances—Pages 3 (Buyer) $ 27.00 6 Trustees Affidavit—Pages 2 (Buyer) $ 18.50 0 Fed Ex for Seller to Adele V. Stones, PA $50.00 rr SELLERS' PROCEEDS: $29,950.00 FUNDS DUE FROM BUYER: $31,249.00 0 a SELLER: BUYER: JANE P. GILBERT LIVING TRUST co CD under trust dated November 13, 1997 Jan /P. Gilbert Roman Gastesi As Trustee County Administrator, on behalf of Monroe County, Florida E Date: Datefi Packet Pg. 1792 H.7.b CLOSING STATEMENT BUYER. MONROE COUNTY,FLORIDA SELLER: JANE P. GILBERT LIVING TRUST under trust dated November _ 13,1997 PROPERTY SS: Blk 18, Lot 2, Cutthroat Harbor Estates located at Jolly Roger Drive, Cujoe Key,FL 33042 SETTLEMENT DATE: September 27,2019 CREDITS SELLER BUYER w PURCHASE PRICE $30,000.00 $30,000.00 $30,000.00 for less than fee interest x EXPENSES 0 Closing Fee to Oropeza, Stones& Cardenas,PLLC $ 500.00 Title Search to Oropeza, Stones& Cardenas,PLLC $ 125.00 Attorney's Fees to Adele V. Stones,PA 475.00 Recording Fee to Monroe County Clerk: Unity of Title—Pages 12 (Buyer) 103.50 _ Affidavit of No Encumbrances—Pages 3 (Buyer) $ 27.00 6 0 Trustees Affidavit—Pages 2 (Buyer) 18.50 Fed Ex for Seller to Adele V. Stones,PA $50.00 rr SELLS S' C : $29,950.00 FUNDS DUEBUYER: $31,249.00 0 SELLER: BUYER: 0 JANE P. GILET LIVING TRUST co under trust dated November 13, 1997 Jane P. Gilbert Shery G-. yam, Sr.Director, Social Services As Trustee Roman Gastesi, County Administrator, on behalf of Monroe County,Florida Date: ...... _ n Date: 1,� Packet Pg. 1793 Page 1 of 12 H.7.b Doc#2238473 Bk#2986 Pg#2217 Recorded 9/27/2019 at 3:14 PM Pages 12 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK REC:$103.50 Prepared by/Return to: Adele V.Stones,Esq. Oropeza Stones Cardenas 221 Simonton Street Key West,FL 33040 0 -----------------------------Space Above This Line For Recording---------------------------- W COVENANT OF UNITY OF TITLE AND RESTRICTION ON FUTURE DEVELOPMENT AND/OR CONVEYANCES THIS UNITY OF TITLE SHALL BE INCORPORATED IN WHOLE AND � REFERENCED BY OFFICIAL RECORD BOOK AND PACE NUMBER AND DOCUMENT NUMBER ON ALL TRANSFERS OF THE BELOW DESCRIBED REAL PROPERTY. WHEREAS,this Unity of Title is granted this "day of September 2019,by Jane P. Gilbert,as sole Trustee,of the JANE P. GILBERT LIVING TRUST under trust dated November 13, 1997(hereinafter"Grantor(s)"), whose address is 22777 Jolly Roger Drive,Summerland Key,FL 33042 to Monroe County,a political subdivision of the _ State of Florida(hereinafter"Grantee"),whose address is 1100 Simonton Street,Key West,Florida 33040;and WHEREAS, the undersigned Grantor(s), is/are the sole fee simple title owner(s) of the certain below-described 6 real property (hereinafter "Primary Parcel") that is currently developed with a residential dwelling unit 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: Cr Parcel Address: 22777 JOLLY ROGER Dr CUDJOE KEY FL 33042 Parcels)/Lot(s): Lot 1 Block: 18 Subdivision: Cutthroat Harbor Estates Key: Cudioe Key Plat Book:4 Page: 165 Real Estate Number(s): 00179990-000000 W WHEREAS, the undersigned Grantor(s), is/are the sole fee simple title owner(s) of the certain below-described real property(hereinafter"Secondary Parcel")that is not currently developed with a residential dwelling unit or any 0 other habitable space and is located in Monroe County,Florida,having a legal description as follows and which is shown on attached Exhibit"B,"which is hereby incorporated as if fully stated herein: N Parcel Address: Lot 2 JOLLY ROGER Dr CUDJOE KEY FL 33042 U Pareel(s)/Lot(s): Lot 2 Block: 18 00 Subdivision: Cutthroat Harbor Estates Key: Cudioe Key Plat Book:4 Page: 165 Real Estate Number(s): 00179990-000000 WHEREAS,Grantee is a general purpose political subdivision of the State of Florida and is authorized to regulate and control the use of real property through the Monroe County Comprehensive Plan and the Monroe County Code(s)to protect the public health,safety,and welfare;and WHEREAS, the Primary Parcel and Secondary Parcel are subject to the jurisdiction and requirements of the Monroe County Comprehensive Plan and the Monroe County Code(s);and i Packet Pg. 1794 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 10/3/2019 Page 2 of 12 H.7.b Doc.#2238473 Page Number:2 of 12 WHEREAS, this Unity of Title is located on the Primary Parcel and Secondary Parcel (hereinafter collectively "Unified Parcel");and WHEREAS, Grantor(s) hereby attest(s) his/her/its/their recognition that this Unity of Title does not allow the Unified Parcel to be divided into separate parcels;and WHEREAS, Grantor(s) hereby attest(s) his/her/its/their recognition that the Unified Parcel shall hereafter exclusively be considered as one(1)parcel of land,and that no portion of said parcel of land may hereafter be sold, transferred,devised,or assigned separately,except in its entirety as one(1)parcel of land;and WHEREAS, Grantor(s) hereby attest(s) his/her/its/their recognition that in granting this Unity of Title, Grantor acknowledges and accepts the condition hereafter limiting development to a single principal use (residential) structure on the Unified Parcel;and X WHEREAS,the consent of all mortgagee(s) and holder(s) of any all other encumbrances) of or otherwise upon the Unified Parcel is attached as Exhibit(s) "A" and`B:" If no such consent is attached hereto,the undersigned Grantor(s), hereby attest(s)to Grantee that no such mortgage(s) and that no such other encumbrance(s) exist(s); and WHEREAS,this Unity of Title is granted in consideration of payment in the amount of THIRTY THOUSAND DOLLARS($30,000.00)by Grantee to Grantor;and WHEREAS, the undersigned Grantor(s) and Grantee hereby attest that such County payment in consideration _ was/were given pursuant to this Unity of Title,and that this Unity of Title,together with its restrictions,conditions, and limitations on future residential structure development are supported by good and valuable consideration;and 0 WHEREAS, this Unity of Title does not discharge, exempt, waive, or otherwise release the undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of the y undersigned Grantor(s), or tenant(s) thereto, from their duty to obtain required federal, state, County, and local approval(s) for any future construction of accessory structures or establishment of uses upon the Unified Parcel; Cr and NOW,THEREFORE, as an inducement to Grantee for and in consideration of Grantee's payment of good and adequate consideration, the adequacy, sufficiency, and receipt of which are hereby expressly acknowledged and attested to,the undersigned Grantor(s)hereby grants,creates,and establishes a Covenant of Unity of Title for and y in favor of Grantee upon the above legally described Unified Parcel which shall run with the land and be binding upon the undersigned Grantor(s), and tenant(s) thereto, and shall remain in full force and effect forever, and Grantor(s)declare(s)and grant(s)as follows: 1) Recitals.The foregoing recitals are true and correct and are hereby incorporated as if fully stated herein. 00 2) Restriction on Development.Notwithstanding the general permitted density of one (1) residential dwelling unit allocation per platted parcel,this Unity of Title: A. restricts development on the Unified Parcel to one residential dwelling unit; B. prohibits new accessory structures providing habitable space on the Unified Parcel;and C. does not prohibit accessory uses and non-habitable accessory structures on the Unified Parcel. 2 Packet Pg. 1795 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 10/3/2019 Page 3 of 12 H.7.b Doc.#2238473 Page Number:3 of 12 3) Prohibition of Parcel Division. This Unity of Title prohibits the Unified Parcel from being divided into separate parcels,subdivided,re-subdivided,platted,re-platted,or conveyed as separate parcels or transferred as separate parcels regardless of whether owned by single or multiple owners. 4) Restriction on Conveyance.The Unified Parcel shall hereafter exclusively be considered as one(1)parcel of land, and that no portion of said parcel of land may hereafter be sold, transferred, devised, or assigned separately,except in its entirety as one(1)parcel of land. 5) Monroe County Property Appraiser Records. Simultaneously with execution of this covenant of Unity of Title, Grantor shall make application with the Monroe County Property Appraiser to combine the Primary Parcel and Secondary Parcel under this Unity of Title as a single real estate parcel for tax roll purposes. W 6) No Conflicts. The undersigned Grantor(s) hereby covenant(s) with Grantee that Grantor(s) is/are lawfully seized of the Unified Parcel in fee simple free and clear of all encumbrances that are inconsistent with the terms of and exhibits attached to this Unity of Title, and fully attest(s), warrant(s), and defend(s) the title to and W interest in the Unity of Title hereby conveyed against the lawful claims of all persons whomsoever. W 7) Perpetual Duration.This Unity of Title is intended to benefit,run with the land in favor of,and shall inure to Grantee,Monroe County,Florida. 8) Binding Effect. The undersigned Grantor(s), and the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s), shall pay all taxes, assessments, fees, and charges of whatever description levied upon or assessed by competent authority on the Unified Parcel therein before W delinquency, shall keep such levies and assessments current, and shall not allow any lien(s) on the Unified Parcel superior to this Unity of Title. In the event of failure to so disallow such lien(s), to extinguish such — lien(s),and/or to obtain subordination of such lien(s)to this Unity of Title,in addition to any other remedy,the damage(s) and/or debt(s) owed to Grantee shall constitute a lien against the Unified Parcel which shall W automatically relate back to the recording date of this Unity of Title. W 9) 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 Grantee and such construction and interpretation shall be entitled to great weight on trial and on appeal. 10)Recordation,Amendment,Modification,or Release. A. The undersigned Grantor(s)hereby agree to the recording of the Unity of Title together with all appropriate and required Joinder(s)with the Clerk of the Circuit Court of Monroe County and agree to the re-recording ur of said documents at any time Grantee may require to preserve its(Grantee's)rights. B. No amendment or modification to this Unity of Title is effective unless agreed to in writing by both Grantee and the undersigned Grantor(s) and filed, together with all appropriate and required Joinder(s), N with the Clerk of Circuit Court of Monroe County for recording in the Official Records of Monroe County, W Florida. C. This Unity of Title 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. _ It)Subsequent Reference Requirement. W A. The undersigned Grantor(s), tenants) 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 W 3 Packet Pg. 1796 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 10/3/2019 Page 4 of 12 H.7.b Doe.#2238473 Page Number:4 of 12 a copy of this filed and recorded Unity of Title together with (simultaneously in date and time with) all future development applications relating to the Unified Parcel. Such submission by the undersigned Gramor(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, 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 Grantor(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,must so simultaneously furnish a copy of this filed and recorded Unity of Title 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 Grantor(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 Unity of Title G) and all previously executed and recorded restrictions in any future instrument conveying title to or an interest in the Unified Parcel,including the recording book and page number(s)and document number(s)of ar this Unity of Title and all previously executed and recorded restrictions. 12)Joint-and-Several Liability. If the undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantor(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 terni(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. 13)Non-Assignability.This Unity of Title shall not be assignable by the undersigned Grantor(s),tenant(s),thereto, 6 the personal representative(s),heir(s),assign(s),or successor(s)in title of the undersigned Grantor(s),tenant(s), thereto,or any other non-County party with title to or an interest in the Unified Parcel,unless such assignment y is first approved by Monroe County BOGC Resolution. rr 14)Notice and Service of Process. A. Notice—To Grantee.All notices,consents,approvals,or other communications to Grantee 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:Unity of Title _ 2798 Overseas Highway y Marathon,FL 33050 CJ 00 And with a copy to: Monroe County Attorney's Office _ Subject:Unity of Title 1111 12'Street,Suite 408 Key West,FL 33040 15)Dispute Resolution — Meet-and-Confer Prerequisite. The undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), or successor(s) in the title of the undersigned Grantor(s), and 4 Packet Pg. 1797 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 10/3/2019 Page 5 of 12 H.7.b Doc.#2238473 Page Number:5 of 12 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 Unity of Title,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 suit or 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 Unity of Title(i.e.,Upper Keys— Key Largo,Middle Keys—Marathon,Lower Keys—Key West). 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)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 Grantee's Motion to Dismiss and Florida Statute Sec. 57.105 (2015) Motion for Sanctions and Attorney's Fee (or, at Grantee's election (if applicable), their Florida statutory equivalent(s), Federal equivalent(s), or non-Florida legal equivalent(s)). 16)Limitation of Liability. 0 A. In the event of any litigation concerning the conditions,provisions,revisions,or terms of the Unity of Title, Grantee,the undersigned Grantor(s),tenant(s)thereto,the personal representative(s),heir(s),assign(s),and successor(s) in the title of the undersigned Grantor(s), and tenant(s) thereto, hereby agree to expressly waive and shall be treated as having expressly waived their right to a jury trial. B. 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)that no charge(s) Z or claim(s)shall be made by it for any delay(s)or the effective date of this Unity of Title. C. No Waiver. Grantee shall not be deemed to have waived any rights under this Unity of Title 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 Unity of Title 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, y employee, or agent of the County shall be liable personally in this Unity of Title or be subject to any personal liability or accountability by reason of the execution of this Unity of Title. E. Non-Reliance by Third-Parties. No person(s)or entity(ies)shall be entitled to rely upon the terms,or any y 0 of them,of this Unity of Title to enforce or attempt to enforce any third-party claim(s)or entitlement(s)to or benefits)of any service(s),term(s),or programs)contemplated hereunder. 17)Enforcement. � A. Default Notice. In the event of breach or violation of the restrictions or terms hereof by 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,Grantee 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). 5 Packet Pg. 1798 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 10/3/2019 Page 6 of 12 H.7.b Doc.#2238473 Page Number:6 of 12 B. Grantor(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 Unity of Title shall, without any additional notice beyond this Unity of Title'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 Unity of Title 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 Unity of Title,applied for or those permits, W 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. X 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 attorney'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 W any other action at law or in equity. Grantee hereby agrees and the undersigned Gramor(s),tenant(s) thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned v� Grantor(s),and tenant(s)thereto,hereby agree that suits,actions,and proceedings arising out of,related to, or in connection with this Unity of Title shall be in accordance with the Florida Rules of Civil Cr C Procedure. 3. Cumulative Remedies. In the event of any breach or violation of the restrictions or terms contained _ herein,Grantee shall,without liability to Grantee,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 Unity of Title 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 Grantee has no adequate remedy at law, or such other legal method as Grantee 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 00 and this Unity of Title 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 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,to comply with or 6 Packet Pg. 1799 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 10/3/2019 Page 7 of 12 H.7.b Doe.#2238473 Page Number:7 of 12 perform any act required by or under this Unity of Title shall not impair the validity of this Unity of Title 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 Unity of Title shall be at the discretion of the Grantee, Grantee'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 Grantee 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. 18)Miscellaneous. A. Duty to Cooperate. Where required under this Unity of Title or related agreement(s), the undersigned Grantor(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, shall, to ensure the implementation of the government purpose furthered by this Unity of Title, cooperate with Grantee's reasonable requests submitted to Grantor(s), tenant(s) thereto, Grantor's personal representative(s), heir(s), assign(s), and successor(s) in title,and tenant(s)thereto,regarding the terms and conditions contained herein. 19)Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any condition, provision, reservation,restriction,right,or term of this Unity of Title,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, W reservation,restrictions,rights,terms,and remaining portion(s)thereof shall continue unimpaired in full force and effect. y 20)Captions and Paragraph Headings. Captions and paragraph headings, where used herein, are inserted for Cr convenience only and are not intended to descriptively limit the scope and intent of the paragraph or text to which they refer. 21)No Encumbrances. The undersigned grantor(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, 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 properly that may, shall, or will diminish,extinguish, interrupt, or CD subordinate the effectiveness or operation of this Unity of Title's provision(s), restriction(s), right(s), and C term(s)running in perpetuity in favor of Grantee,Monroe County,Florida. Vi 0 22)Governing LawsNenue. This Unity of Title is and the construction and enforcement of the restrictions,terms, 00 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 Unity of Title 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 Unity of Title shall be in the Sixteenth Judicial Circuit in and for Monroe County,Florida. 23)Authority to Attest. Each party to this Unity of Title represents and warrants to the other that the execution, E delivery,and performance of this Unity of Title has been duly authorized by all necessary corporate and other organizational action,as required. 7 Packet Pg. 1800 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 10/3/2019 Page 8 of 12 H.7.b Doe.#2238473 Page Number:8 of 12 24)Integration/Merger. This Covenant of Unity of Title constitutes the entire Covenant of Unity of Title and any representation or understanding of any kind preceding the date of this Unity of Title's execution or recordation is not binding on the Grantee or the undersigned Grantor(s)except to the extent it has been incorporated into this Unity of Title. 25)Effective Date. This Unity of Title will become effective upon recordation in the Official Records of Monroe County,Florida. 0 X 0 .6 0 rr 0 0 CD co Packet Pg. 1801 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 10/3/2019 Page 9 of 12 H.7.b Doe.#2238473 Page Number:9 of 12 TO HAVE AND HOLD UNTO GRANTEE FOREVER. EXECUTED ON THIS day of September 2019. WITNESSES TO ALL: GRANTOR(S) JANE P.GILBERT LIVING TRUST under trust dated November 13,1997 W /�1J Jane P.Gilbert,as sole Trustee 1 tl. �IL x x First Witness(Print Name) 17 Grantor No. 1 (Print Name) Witness(Signature) Gra for No. 1 (Signature) 0 6fll'-e Sec(Znj Witness(Print Name) XA&\ Sec Witness(Signature) W 0 22777 Jolly Roger Drive Ch Cudjoe Key,FL 33042 Cr (Complete Mailing Address above) STATE OF44 A/*�° a) COUNTY OF440N OE JL The foregoing instrument,Monroe County Covenant of Unity of Title,was acknowledged before y me this_l_q_day of September 2019,by Jane P.Gilbert,as sole Trustee of the Jane P.Gilbert Living Trust 0 under trust dated November 13,1997,who are personally known to me or produced i VI(ef5 [.a'MOIle—as proof of identification and did take an oath. Adele K.Simpson Notary Public,State of Maine My Commission Expires January 5,2024 00 Notary Public(Print Name and Notary No.) [NOTARY SEAL] 1 ,q Notary Public(Signature) 9 Packet Pg. 1802 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 10/3/2019 Page 10 of 12 H.7.b Doc.#2238473 Page Number:10 of 12 a Yf V MONROE COUNTY,FLORIDA ACCEPTANCE OF UNITY OF TITLE In Witness Whereof,Grantee accepts the Covenant of Unity of Title granted above and executes this instrument the date set forth below. GRANTEE: Monroe County,Florida: Emily Schemper (A-C-0- TY�,j C,(IL 0) Y—r — CD First Witness(Print Name) Senior Director,Monroe County Planning and Environmental Resources Department(Print Name) X First AlitnessXignature) Senior Director,Monroe County Planning and at Environmental Resources Department(Signature) 0 C Second Witness(Print Name) Date(Print) Seen ignature) 0 STATE OF FLORIDA COUNTY OF MONROE Cr Before me,the undersigned authority, personally appeared Emily Schemper,on this Z'-)day of September 2019,who is personally known to me or produced as proof of identification. a) Sworn and subscribed to before me this day of September 2019. SA1ZA LOPEZ al<� c7C=�z fr 16��5 U ' MY COMMISSION#GG102753 a? CD S�A4��s September 07 2021 Notary Public(Print Name and Notary No.) f _>a .:& _ Notary Public(Signature) CD 10 Packet Pg. 1803 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 10/3/2019 Page 11 of 12 H.7.b Doe.#2238473 Page Number:11 of 12 Exhibit"All LL Lot 1,Block 18 CUTTHROAT HARBOR ESTATES, according to the Plat Thereof as Recorded in Plat Book 4, at Page 165, of the Public Records of Monroe County,Florida. 0 w x 0 0 Cr 0 CD co CD r � Packet Pg. 1804 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 10/3/2019 Page 12 of 12 H.7.b Doe.#2238473 Page Number:12 of 12 Exhibit"B" Lot 2,Block 18 CUTTHROAT HARBOR ESTATES, according to the Plat Thereof as Recorded in Plat Book 4, at Page 165, of the Public Records of Monroe County,Florida. 0 w x 0 0 Cr 0 co CD Packet Pg. 1805 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 10/3/2019 11/12/21,2:37 PM Landmark Web Official Records Search 7 b, Doe#2238472 Bk#2956 Pg#2214 Recorded 9/27/2019 at 3:14 PM Pages 3 Filed and Recorded in Official Records ofMONROE COUNTY KEV1N MADOK REC:`+27.00 Prepared by/Return to: Adele V.Stones,Esq. Oropeza Stones Cardenas 221 Simonton Street Key West,FL 33040 ------- --------------------Space Above This Line For Recording—_------_-------- -----_ -- us 0 GRANTORS' AFFIDAVIT OF NO ENCUMBRANCES W 1, WHEREAS,.lane P. Gilbert, as sale Trustee of the JANE P. GILBERT LIVING TRUST under trust � dated November 13, 1997, the undersigned, are the sole fee simple title owner(s) of the certain below- � described real property 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: Parcel Address: Lot 2 JOLLY ROGER Dr CUD,IOE KEY FL 33042 Parcel(s)/Lot(s): Lot 2 Block.: 18 Subdivision:—Cutthroat Harbor Estates Key: Cudjoe Key Plat Book: 4 Page: 165 Real Estate Number(s): 00179990-000000 2. WHEREAS, it is true and correct that as of this date no liens, loans, mortgage encumbrances, or non- mortgage encumbrances, other than those in which Joinder(s) have been executed and submitted for this Covenant of Unity of Title and Restriction on Future Development and/or Conveyances corresponding to this Affidavit of No Encumbrances,currently encumber the above legally described real property;and 3. NOW,THEREFORE,the undersigned hereby states that the above legally described property is free of all Cr liens,loans,mortgage encumbrances,and non-mortgage encumbrances at this time,other than those in which Joinder(s) have been executed and submitted as part of the Monroe County Covenant of Unity of Title application corresponding to this Affidavit of No Encumbrances. EXECUTED ON THIS 62LI day of September 2019 WITNESSES TO ALL: GRANTOR(S) � 0 JANE P.GILBERT LIVING TRUST under trust dated November 13,1997 0 Jane P.Gilbert,as sole Trustee 00 CD irst fitness(Print N4 ame) Grantor No. 1 (Print Name) .W trst Witness(Signature Gradk6r No. I (Signature) E Seconj Witness(Print Name) 1r Sec 4ftnes,(Signature) hfps://or.monroe-clerk.com/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# Packet Pg. 1806 11/12/21,2:37 PM Landmark Web Official Records Search 7 b, Doc.#2238472 Page Number-. 2 of 3 STATE OF fal 1,/ i COUNTY OFF E]+a v)CzbejL The foregoing instrument,firantor(s')Affidavit of No Encumbrances,was acknowledged before tape this Ciq clay of September 2019,by Jane P.Gilbert,as sole Trustee of the,bane P.Gilbert Living Trust under trust sated November 13,199%who are personally known to me or produced 5 as proof of idea `ficat�n a d did an oath. Notary P blic(Print 1 e 2�lotary t^la.) 0 [NOTARY SEALI, Notary Public(Signature) � Adele K.Simper Notary Public,State Of Maine X My Commission Expires January 5,2024 - m y .6 0 rr fn U 0 CD Co https://or.monroe-clerk.com/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# Packet Pg. 1807 11/12/21,2:37 PM Landmark Web Official Records Search 7 b, Doc.#2238472 Page Number-.3 of 3 Exhibit"A" Lot 2, Block IS CUTTHROAT HARBOR ESTATES, according to the Flat Thereof as Recorded in'Plat Book 4, at Page 165, of the Public � Records of Monroe County,Florida.. c c .6 c Cr CD Co CD https://or.monroe-clerk.com/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# Packet Pg. 1808 11/12/21,2:38 PM Landmark Web Official Records Search Doe#2238471 Bk#2986 Pg#2212 Recorded 9/27/2019 at 3:14 PM Pages 2 Filed and Recorded in Official Records of MON ROE COUNTY KEV IN MADOK REC:S 18.50 Prepared by/Return to: Adele V.Stones,Esq. Oropeza Stories Cardenas 221 Simonton Street Key West,FL 33040 CD Parcel I.D.Numbers.00179990-000000 ---------------Space Above This Line For Recording----------------------------------- 0 W AFFIDAVIT AS TO AUTHORITY UNDER TRUST X 1,Jane P.Gilbert,THE UNDERSIGNED,first being duly sworn,deposes and states: I. THAT I am the designated(write-in or check): ......................................... (Authorized Official Capacity Under Trust) 0 Beneficiary-, Grantor-, Executor; Co-Executor Sole Trustee; Co-Trustee; Settlor, Co-Settlor of the The.TAME P.GILBERT TRUST LIVING TRUST under trust dated November 13, 1997, E (hereinafter the"Trust")and have personal knowledge of the facts set forth in this Affidavit. W 0 2. THAT part of the Trust corpus includes real property located in Monroe County, Florida (hereinafter the"Real Estate"),more particularly described as: rr Parcel Address: Lot 2 JOLLY ROGER Dr,CIJDJOE KEY,FL 33042 Parcel(s)/Lot(s): Lot 2 Block: 18 Subdivision: Cutthroat Harbor Estates Key: Cudioe Key Plat Book: 4 Page: 165 Real Estate Number(s): 00179990-000000 and 3. THAT the real estate was transferred to the Trust by means of the Quit Claim Deed; which was 0 recorded on the 2nd day of November, 2005, at Official Records Book 2162, Page 728, of the a Official Records of Monroe County,Florida. 0 4. THAT consistent with the foregoing, 1, the undersigned, swear under penalty of perjury that U under the Trust, said Trust's terms, and (if any) all amendments thereto, I (the undersigned) am 00 duly authorized to execute in relation to the aforesaid real estate(select one): �(Name and No.of Monroe County B ilding 64;artment or Monroe County Planning&Environmental Resources Department Pcnit :2 Application,Form,and Other Similar Monroe County Development Approval Docurrients and Instruments) All Monroe County Building Department and Monroe County Planning & Environmental Resources Department Permit Applications, Forms, and Other Similar Monroe County E Development Approval Documents and Instruments, 5. IN WITNESS WHEREOF,I have executed this Affidavit under penalty of perjury on thisi214 day of September,2019, hftps://or.monroe-clerk.com/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# Packet Pg. 1809 11/12/21,2:38 PM Landmark Web Official Records Search 7 b, Doc.#2238471 Page Number-. 2 of 2 WW`ITNESSESS TO ALL. AUTHORIZED TRUST OFFICIAL: Dane P.Gilbert First Witness(Print Name) Authorized official(Print Name) r4 Witness(Signature) rathari d Official(Signature) c Sewn l Witness(Print Name) Se d Witness(Signature c STATE OF FAQ COUNTY OF Hanc&JL The foregoing Affidavit,was acknowledged before me this day of September 2019,by Jame F.Gilbert,who are personally known to me or produced Was — proof of identification and did take an oath. —6 f Notary Public(Print Name) rr (NOTARY SEAL] Notary Public(Signature) m µ _ Adele K.Simpson Notary Public,State of Maine � Commission Expires January 5,2024 c Co CD CJ https://or.monroe-clerk.com/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# Packet Pg. 1810 H.7.b ❑ CORRECTED (If checked) FILERS name,street address,city ortown,state or province,country,ZIP 1 Date of closing OMB No.1545-0997 or foreign postal code,and telephone number Oropeza Stones Cardenas,PLLC 09/27/2019 proceeds From Real 221 Simonton Street �mm2 Gross proceeds Key West FL 33040 Estate Transactions (305)294-0252 > $ 3o,000.00 I' Form 1099- _ e_. _� ....._. ......�. S _.a......a...M.M.. w. ..... FILER'S federal identification number TRANSFEROR'S identification number 3 Address or legal description Copy B 82-0611987 Blk 18,Lot 2,Cutthroat Harbor Estates located at For Transferor TRANSFEROR'S name Jolly Roger Dr Cudjoe Key,FL 33042 This is important tax Jane P.Gilbert Living Trust under Trust dated 11/13/97 information and is being O furnished to the Internal Revenue Service.If you O Street address(including apt.no.) 4 Transferor received orwill receive property or services are required to file a 22777 Jolly Roger Drive as part of the consideration(if checked) . . . ❑ return,a negligence penalty or other City or town,state or province,country,and ZIP or foreign postal code 11 5 If checked,transferor is a foreign person(nonresident sanction maybe f8 alien,foreign partnership,foreign estate,or foreign , imposed on you if this Big Pine Key FL 33042 I El item is required to be trust) reported and the IRS Account or escrow number(see instructions) 6 Buyers part of real estate tax determines that it has 19 598 $ 0.00 not been reported. CD Form 1099-S (keep for your records) www.irs.gov/formlO99s Department of the Treasury-Internal Revenue Service X Instructions for Transferor For sales or exchanges of certain real estate,the person responsible for closing Account number.May show an account or other unique number the filer a real estate transaction must report the real estate proceeds to the IRS and assigned to distinguish your account. must furnish this statement to you.To determine if you have to report the sale or Box 1.Shows the date of closing. exchange of your main home on your tax return,see the instructions for Box 2.Shows the gross proceeds from a real estate transaction,generally the Schedule D(Form 1040).If the real estate was not your main home,report the sales price.Gross proceeds include cash and notes payable to you,notes transaction on Form 4797,Form 6252,and/or the Schedule D for the assumed by the transferee(buyer),and any notes paid off at settlement.Box 2 appropriate income tax form.If box 4 is checked and you received or will does not include the value of other property or services you received or will 0) receive like-kind property,you must file Form 8824. receive.See Box 4. Federal mortgage subsidy.You may have to recapture(pay back)all or part of Box 3.Shows the address or legal description of the property transferred. a federal mortgage subsidy if all the following apply. Box 4.If marked,shows that you received or will receive services or property •You received a loan provided from the proceeds of a qualified mortgage bond (other than cash or notes)as part of the consideration for the property or you received a mortgage credit certificate. transferred.The value of any services or property(other than cash or notes)is 0) Your original mortgage loan was provided after 1990. not included in box 2. O •You sold or disposed of your home at a gain during the first 9 years after you Box 5.If checked,shows that you are a foreign person(nonresident alien, ¢ received the federal mortgage subsidy, foreign partnership,foreign estate,or foreign trust). ¢ •Your income for the year you sold or disposed of your home was over a Box 6.Shows certain real estate tax on a residence charged to the buyer at 0) specified amount. settlement.If you have already paid the real estate tax for the period that This will increase your tax.See Form 8828 and Pub.523. includes the sale date,subtract the amount in box6 from the amount already Cr Transferor's taxpayer identification number.For your protection,this form may paid to determine your deductible real estate tax But if you have already show only the last four digits of your social security number(SSN), deducted the real estate tax in a prior year,generally report this amount as individual taxpayer identification number(ITIN),adoption taxpayer identification income on the"Other income"line of the appropriate income taxform.For more number(ATIN),or employer identification number(EIN).However,the issuer has information,see Pub.523,Pub.525,and Pub.530. ®_ reported your complete identification number to the IRS. U O CD YOU ARE REQUIRED BY LAW to provide your correct taxpayer name and identification number for the transaction described above to Oropeza Stones Cardenas, PLLC. co CD If you do not provide your correct taxpayer identification number, you may be subject to civil or criminal penalties imposed by law. � UNDER PENALTIES OF PERJURY, I certify that the number shown on this statement is my correct taxpayer identification number. I acknowledge that I have received a copy of this statement. AJ Seller Seller Seller DoubleTime® Packet Pg. 1811 ! app jo !4! n o4eumile ®}}s n a :peql! ) I AOWGJ gs nb i }ae l! ua®aj j9449-j :4u9wqoe44V 0400 , µ w - � a W a v � 6 1'N ° Q H� Sk Q 4 h E -� L 6 �s Q ® W r� O E p�9 � s � vo 37 o ol Ic 9 � m �� 6 _ m d O y - L E S m = a b O O ° _ C p _ � m C71 � V C �b � O _ C D — © � E m 12 _ — Q ° N to - c o p Klo m O b (W Monroe County, FL t },} 79960 Overview �y 2 s CD x f 1oL k �$ Legend c ' a - 0 Centerline CD � t r Easements Cr Hooks X r . t Lines C Road Center R d Rights of Way - r 0 Shoreline h L Condo Building Key Names (J4 - CV Subdivisions C ply' Parcels _ � Cr `22700 R L.f3IJCC,7NEE t ' tee a F !b lk` ; - 0 Parcel ID 00179990-000000 Alternate ID 1232009 Owner Address POTO OLIVIA _ Sec/Twp/Rng 28/66/28 Class SINGLE FAMILY RESID 22777JollyRogerDr Property Address 22777 JOLLY ROGER Dr Summerland Key,FL 33042 CUDJOE KEY District 100C Brief Tax BK18LTS1AND2 CUTTHROAT HARBOR ESTATES PB4-165CUDJOE KEY OR204-197OR522-953OR549-402COR710-31OR787- Description 1326 OR1072-1871R/S OR1442-304/05 OR1442-306/07 OR1551-1793/94 OR1789-941 OR1794-1569 OR2162-727 OR2162-728/29TR O R2986-2217C O V O R2987-1464 O R2987-1473 (Note:Not to bc used oin I SaI docurr s) CIL Date created:2/1/2022 Last Data Uploaded:2/1/2022 2:18:50 AM Developed by"Schneider GEOSPATIAL Packet Pg. 1813