01/21/2022 Restrictive Covenant Doc#2371831 Bk#3168 Pg#2200
Return to: Recorded 4/21/2022 9:20 AM Page 1 of 3
The Law Office of Anthony J. Barrows
540 Key Deer Blvd
Big Pine Key,FL 33043 Filed and Recorded in Official Records of
305-872-1050 MONROE COUNTY KEVIN MADOK,CPA
Space Above this Line for Recording
DECLARATION OF RESTRICTIVE COVENANT RUNNING WITH THE LAND
AND DECLARATION OF RESTRICTION ON FUTURE DEVELOPMENT
This Declaration of Restrictive Covenant is executed as of the 21 S` day of January, 2022 (the
"Effective Date"), by Monroe County, a political subdivision of the State of Florida, whose post
office address is 1100 Simonton Street, Suite 205, Key West, FL 33040, in reference to the
property ("Property") known as:
Legal Description: Lot 22, LONG KEY OCEAN-BAY COLONY, SECTION ONE, according
to the Plat thereof, as recorded in Plat Book 3, Page 130, Public Records of
Monroe County, Florida; AND Adjacent submerged land in the Atlantic
Ocean (Straits of Florida) in Section 7, Township 65 South, Range 35 East,
Long Key, Monroe County, Florida, being a portion of a parcel conveyed
by TIIF Deed No. 21883 described as follows: From the intersection of the
dividing line between Lots 19 and 20 and the SE'ly R/W line of Overseas
Highway, all as shown on Plat of LONG KEY OCEAN-BAY COLONY,
SECTION ONE, as recorded in Plat Book 3. Page 130, Public Records of
Monroe County, Florida, run N 61° 48' 15" E. along said R/W line, a
distance of 331.95 ft. To the most N'ly corner of Lot 22; thence S. along the
E. boundary line of said Lot 22 to the mean high tide line on the shore of
the Straits of Florida and the point of beginning of the parcel hereinafter
described; thence S. 28° 1 1' 45" E., a distance of 200 ft.; thence S. 48° 45'
35" W., a distance of 56.93 ft., more or less; thence N. 28° 11 '45" W., a
distance of 208 ft., more or less., to the Wly mean high tide line of Lot 22;
thence NE'ly, meandering said mean high tide line,a distance of 55 ft.. more
or less, to the point of beginning.
RE#: 00386570-000000
Address: 65914 Overseas Highway, Long Key, Florida 33001
conveyed by the Deed between Margaret M. Tempero and Martin S. Volland, participating in a
federally assisted acquisition project ("Grantor"), and Monroe County, ("Grantee"), its successors
and assigns:
WHEREAS, Hurricane Irma impacted the Florida Keys on September 10, 2017, destroying or
majorly damaging over 4,000 residential structures in Monroe County; and
WHEREAS, in response to the impacts statewide of Hurricane Irma,the Department of Economic
Opportunity (DEO) developed a Community Development Block Grant - Disaster Recovery
(CDBG-DR) Action Plan that detailed how the State will administer the funds statewide. The
Action Plan includes the Voluntary Home Buyout Program (VHBP) which was created to acquire
properties that are in high-risk flood areas, to reduce the impact of future disasters, and to assist
property owners to relocate to less risk prone areas; and,
WHEREAS, Monroe County was awarded $15 Million in CDBG-DR funding for the creation
and implementation of a VHBP for unincorporated portions of the County. The County adopted
Resolution 150-2020 to accept and execute the VHBP DEO Subrecipient Agreement for the
CDBG-DR funding on May 20, 2020, which was amended by an Amendment to the VHBP
Subrecipient Agreement approved on March 17, 2021, making the County a VHBP grantee; and
WHEREAS, the Subrecipient Agreement requires the County to restrict VHBP acquired
properties to uses stated in the County's grant application. The application included Resolution
224-2019 which stated the county's intention was to deed-restrict the properties in perpetuity to
open space uses, storm water improvements or to restore and conserve the natural floodplain
functions; and
NOW, THEREFORE, this DECLARATION is made from and after the Effective Date and
subject to the following terms and conditions:
1. Terms. Pursuant to the terms of the Subrecipient Agreement I0092 dated June 4, 2020,the
following conditions and restrictions shall apply in perpetuity to the Property described in
the attached deed and acquired by the Grantee pursuant to CDBG-DR requirements
concerning the acquisition of the Property:
a. Compatible uses. The Property shall be dedicated and maintained in
perpetuity to open space uses, storm water improvements or to restore and
conserve the natural floodplain functions.
b. Structures. Construction of new structures is only allowed where:
i. A public building is open on all sides and functionally related to a
designated open space use.;
ii. The structure is a public rest room; or
iii. The structure is compatible with the uses proposed included in
paragraph 1.a., and has DEO approval in writing before the
construction of the structure begins.
Any new structures built on the Property according to the subparagraph b.
above will be elevated or flood-proofed to the Base Flood Elevation (BFE)
plus two foot of freeboard as defined in the Federal Register 24 CFR
55.2(b)(I 0), or as amended and defined in the Federal Register, and meet
applicable requirements of the National Flood Insurance Program (NFIP)
floodplain management regulations or local codes.
c. Disaster Assistance and Flood Insurance. After settlement, no federal
disaster assistance for any purpose from any federal source, nor flood
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insurance payments will be made with respect to the Property,and no person
or entity shall seek such amounts.
d. Transfer. The subrecipient must obtain the approval of DEO before
conveying ownership (fee title) of the Property to another public agency or
qualified conservation organization. Property transfer to private citizens and
corporations will not be approved. All development rights in the form of a
conservation easement on the property must be conveyed to the
conservation organization or retained by the subrecipient or other public
entity.
2. Enforcement. The subrecipient must accept responsibility for monitoring and enforcing
this deed restriction and/or-easement.
3. Amendment. This agreement may be amended upon signatures of DEO and the Grantee
only to the extent that such amendment does not affect the fundamental and statutory
purposes underlying the agreement.
4. Severability. Should any provision of this grant or the application thereof to any person or
circumstance be found to be invalid or unenforceable, the rest and remainder of the
provisions of this grant and their application shall not be affected and shall remain valid
and enforceable.
IN WITNESS WHEREOF,the undersigned has caused this DECLARATION to be signed by its
duly authorized representatives, as of the day and year first above written.
Grantee/COUNTY: MONROE COUNTY, FLORIDA
ATTEST: Kevin Madok, CPA, Clerk
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DATE: 11