Resolution 068-2022 RESOLUTION NO. 068 -2022
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
GRANTING APPROVAL OF A PURCHASE AGREEMENT OF
PROPERTY FUNDED BY THE COMMUNITY DEVELOPMENT
BLOCK GRANT—DISASTER RECOVERY VOLUNTARY HOME
BUYOUT PROGRAM, APPROVING EXECUTION OF A
RESTRICTIVE COVENANT RUNNING WITH THE LAND, AND
APPROVING THE MOVEMENT OF A MARKET RATE ROGO
EXEMPTION FROM THE PROPERTY TO THE
ADMINISTRATIVE RELIEF POOL FOR MARKET RATE
ALLOCATIONS.
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, 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 fiends statewide. The Action Plan allocated funding for the Voluntary
Home Buyout Program (VHBP) for the unincorporated portions of Monroe County. The County
was awarded $15 Million in funding; and
WHEREAS, the County adopted Resolution 150-2020 to accept and execute the VHBP
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; and
WHEREAS, the purpose of Rebuild Florida's CDBG-DR Voluntary Home Buyout Program
is to acquire properties that are in high-risk flood areas to help reduce the impact of future disasters.
and to assist property owners to relocate to less risk prone areas. The Subrecipient Agreement
requires the County to restrict VHBP acquired properties to uses stated in the County's grant
application. The application included Re.solu ior7 j24-2019 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. This deed-restriction is provided for in a
"Declaration of Restrictive Covenant Running with the Land and Declaration of Restriction on
Future Development", and
Resolution Page 1 of 3
WHEREAS, Monroe County is acquiring property through the VHBP for a purchase price of
$830,000.00. This acquisition has been reviewed and approved by DEO per the terms of the
Subrecipient Agreement; and
WHEREAS, Monroe County has one (1) ROGO Exemption on the property; and
WHEREAS,said one(1) market rate ROGO Exemption are not needed for the redevelopment
of the site. and
WHEREAS, the BOCC is moving one (1) market rate ROGO Exemption to the
Administrative Relief pool for market rate allocations.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
Section 1. Recitals ano The foregoing recitals and statements of
legislative intent are true and correct and are hereby incorporated as if fully stated
herein.
Section 2. This resolution shall become effective upon its adoption by the Monroe County
Board of County Commissioners.
Section 3, This resolution authorizes the Mayor to execute the Purchase Agreement attached
hereto as Exhibit A.
Se"c"tion 4. The resolution authorizes the Mayor to execute the Declaration of Restrictive
Covenant Running with the Land and Declaration of Restriction on Future
Development, attached hereto as Exhibit B.
Section 4.,., The resolution authorizes the Monroe County Planning Department to move one
(1) market rate POGO Exemption to the Administrative Relief pool for market
rate allocation. ROGO Exemption attached hereto as Exhibit C.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the I 6,h day of February 2022.
Mayor David Rice, District 4 Yes
Mayor Pro Tem. Craig Cates., District I Yes
Commissioner Michelle Coldiron, District 2 Yes
Vacant, District 3 nt
Commissioner Holly Merrill Raschein, District 5 Yes
Resolution Page 2 of 3
y 1Yy
1,J MADOK. CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By: "d?d ,,, ., "" ,��- By .
As Deputy Clerk Mayor
0"
4P � 1/ ATf R R NEY'S OFFICE
PAUNEG SCULL
ASSfSTAN� fl�„N A7T RNEY
Resolution Page 3 of 3
�t
MONROE COUNTY,FLORIDA
VOLUNTARY HOME BUYOUT PROGRAM
AGREEMENT FO PURCHASE
This AGREEMENT made this gift. day of .���t+ , 2022, by and between
Monroe County, a political subdivision of the State of lorida,whose post office address
is 1100 Simonton Street, Suite 205, Key West, FL 33040 (hereinafter referred to as "Buyer")
and Robert James Kinssies and Laura Marie Kinssies.(hereinafter referred to as"Seller(s)"):
1. OFFER AND DESCRIPTION. Buyer agrees to buy, and Seller(s)agrees to sell all of a certain
piece, parcel or lot of land, and for all of the lands and other interests, buildings, structures
and improvements thereon,which lands shall include all tenements, hereditaments, together
with fixtures and Personal Property (as described below), all water and other rights,
easements, appurtenances, and any and all of the Seller(s)' rights in or arising by reason of
ownership thereunto belonging, owned by there,situate and lying in the Monroe County, State
of Florida, more particularly described as follows (which will be collectively referred to as
"Property") ;to wit:
LEGAL DESCRIPTION:
Commencing at the Center of Section 25, Township 66 South, Range 29 East, Tallahassee
Meridian, Big Pine Key, Monroe County, Florida; thence South 89° 39' 12" East, along the East
West 1/4 line, 51.08 feet thence South 17° 48' 50" East, 658.52 feet; thence South 89° 39' 12"
East, 110.31 feet; thence South 20° 40' 20" East, 691.28 feet; thence South 04° 06' 48" East,
278.17 feet to the Point of Beginning; thence continue South 04° 06' 48" East along the Easterly
R/W line of Warner Street, 95.11 feet;thence South 89°39' 12"East, 313.78 feet to the Mean High
Water Line of the Gulf of Mexico; thence meandering said Mean High Water Line, North 06° 16'
33"West, 95.44 feet thence North 89° 39' 12" West, 310.27 feet to the Point of Beginning.
PLUS
Commencing at the Center of Section 25, Township 66 South, Range 29 East, Tallahassee
Meridian, Big Pine Key, Monroe County, Florida, as shown on the Plat of VIRGIL S. LOWE
SUBDIVISION, as recorded in Plat Book 3, Page 31, of the Public Records of Monroe County,
Florida; thence South 89° 39' 17' East, along the East West 1/4 line, 51.08 feet; thence South 17°
48' 50" East, along the Easterly right-of-way line of Warner Street, as shown on said plat, 658.52
feet; thence South 89° 39' 12" East, along the Northerly right-of-way line of Warner Street, 110.31
feet; thence South 20° 40' 20" East, along the Easterly right-of-way line of Warner Street, 691.28
feet; thence South 04° 06' 48" East, along the Easterly right-of-way line of Warner Street, 183.06
feet, to the Northwest Corner of those lands described in Official Records Book 1074, Page 656;
thence South 89° 39' 12" East, 306.76 feet, to the Northeast Corner of said lands; thence South
06° 16' 33" East, along the Easterly line of said lands described in Official Records Book 1074,
Page 656, 95.44 feet to the Point of Beginning of the filled bay bottom land hereinafter described;
thence continue South 06° 16' 33" East, along the Easterly line of said lands as described in
Official Records Book 1074, Page 656, 95.44 feet; thence South 89° 39' 12" East, along the
Easterly projection of the South line of said lands, 169.01 feet, to the Mean High Water Line of
Bogie Channel (Gulf of Mexico); thence Northwesterly, along the Mean High Water Line, on the
following two Courses; 1) North 29° 1T 57"West, 78.55 feet 2) North 28° 38'01" West, 30.40 feet;
thence North 89°39' 12" West, 126.23 feet, back to the Point of Beginning.
RE NUMBER: 00110650-000000
ate' ;, � �,
4 ::.t''< MONROE COUNTY,FLORIDA
VOLUNTARY HOME BUYOUT PROGRAM
Seller(s) must relinquish all development/building rights to the property including but not
limited to any and all allocations legally existing or granted under the MONROE COUNTY's
RATE OF GROWTH ORDINANCE (ROGO). The Seller(s) agree that they have full
right, power, and authority to convey, and that they will convey to the Buyer the fee
simple title together with legal and practical access thereto clear, free and unencumbered,
subject to the following easements or reservations for canals, ditches, flumes, pipelines,
railroads, public highways and roads, telephone, telegraph, power transmission lines and
public utilities.
2. CONSIDERATION. The purchase price for the Property and improvements above described
is $830,000.00 to be paid at dosing, minus any outstanding liens or assessments which are
due and payable at the date of settlement.
3. CONTINGENCIES.
3.1 Seller(s) shall vacate the property within 90 days from the date of this contract or by
the vacancy inspection date, whichever is earlier. If Seller(s) does not vacate the
property,the Buyer shall have the right to void this contract, unless an extension has
been agreed upon, in writing, between Seller(s)and the Buyer. The Property shall be
delivered by Seller(s) at settlement/closing date free of any tenant(s) or occupant(s)
and future tenancies.
3.2 Buyer shall have access to Property and the right to perform any and all inspections
on the Property up until day of closing/settlement date. If Buyer's inspections are not
satisfactory to the Buyer, the Buyer shall have the right to void this contract. Buyer
shall also have the right to void this contract lithe Buyer's intended use of the property
is a violation of any restrictive covenants on the property that cannot be modified.
3.3 Buyer and Seller(s) acknowledges that this Property is being purchased with U.S.
Department of Housing and Urban Development(HUD)funds that are being allocated
through Florida's Department of Economic Opportunity(DEO)in accordance with the
Voluntary Home Buyout Program. The Seller(s)acknowledges that this contract does
not constitute a guarantee to the commitment of funds or site approval, and that such
commitment of funds or approval is subject to satisfactory completion of an
environmental review, DEO approval of the purchase, and Monroe County, FL Board
of County Commissioner's approval of the purchase, and. The Buyer may terminate
this Agreement at any time if any of the above Contingencies are not met.
3.4 The Seller(s)shall resolve any open code enforcement proceedings prior to closing.
Page2 of 5 I Attachment 4 — Agreement for Purchase
MONROE COUNTY,FLORIDA
''`,:)./ VOLUNTARY HOME BUYOUT PROGRAM
4. TRANSACTION COSTS, Buyer's Transaction. Costs include the appraisal fee,
Buyer's attorney fees, deed preparation, title search charges, survey (if required) and title
insurance, owner's policy, inspections, municipal lien search, and all documentary stamp
taxes and recording fees, if applicable. Seller(s)'s Transaction Costs include deed
preparation and payoff fees. Buyer shall be responsible for Buyer's transaction costs and
Seller(s)'s transaction costs. SeHer(s) shall be responsible for any costs necessary to deliver
a marketable title (including recording of loan and/or lien satisfactions or other fees
needed to cure title). If Seller(s) is represented by a realtor or attorney, the Seller(s) is
responsible for all Seller(s)' realtor and attorney fees. Seller(s)shall furnish to Buyer at
Closing an affidavit attesting to the absence of any financing statement,claims of lien,or
potential lienors known to Seller(s).
5. REAL ESTATE TAXES. Buyer shall be responsible for the pro-rata share of prepaid real
property taxes, including any special taxes, due at the date of settlement/closing. It shall
be the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at
the date of settlement/closing, whether or not such taxes and assessments are then
due and payable.
6. ADJUSTMENTS. NONE.
7. CONVEYANCE DATE OF CLOSING/POSSESSION. Conveyance will be made subject to all
easements and covenants of record (provided they do not make the title unmarketable or
prohibits Buyer from its desired use of the property) and to all governmental statutes,
ordinances,rules,and regulations_The Seller(s)expressly agree herein to furnish to the Buyer
any documents in Seller(s)'s possession establishing evidence of title including, but not
limited to, abstracts,title commitments,title policies and opinions of title.Seller(s)agrees
to convey by marketable title with a general warranty deed,free of encumbrances. The deed
will be prepared by the Closing Attorney in the name of Monroe County,_FL, or as
otherwise stipulated by Buyer, and delivered to stipulated place of dosing. Closing Attorney
shall be authorized to disburse the sales proceeds at the time of settlement. This transaction
will be closed on or before 90 days of the signing of this contract unless an extension has been
agreed upon between Seller(s)and the Buyer.
8. FIXTURES AND PERSONAL PROPERTY. At the time of closing/settlement date, this sale
includes all property,fixtures, equipment and improvements of any kind left on the
premises. Personal property, such as fixtures, can be removed from the property prior
to Vacancy Inspection so long as this removal does not cause health or safety concerns on
the premises.
9. EXPIRATION OF OFFER. This offer from Buyer will be withdrawn at 5 o'clock PM.
(Eastern Time) on January 11, 2022 unless accepted or countered by Seller(s) in written
form prior to such time. If Seller(s) requires an extension to the time and date stated above
to accept or counteroffer the offer presented by the Buyer, a written request with
reasoning needs to be submitted to and approved by the Buyer prior to the expiration date.
10.TIME IS OF THE ESSENCE. Time is of the essence with respect to all provisions of this
contract that stipulate a specific period of time for performance. Failure of Seller(s)
to complete any provision of this contract within the stipulated period of time for
completion of the provision will constitute,where applicable,a default of this contract.
Page 3 of 5 I Attachment 4 — Agreement for Purchase
. �: MONROE COUNTY,FLORIDA
VOLUNTARY HOME BUYOUT PROGRAM
11.SURVIVAL. If any provision herein contained which by its nature and effect is required to be
observed, kept or performed after closing, it will survive-the-closing and remain binding upon
and for the Parties hereto until fully observed kept or performed.
12. ENTIRE AGREEMENT. This agreement, the Voluntary Transaction Agreement, the
Certificate of Removal of Personal Property and Abandonment, the Subrogation Agreement,
Right of Entry, Hold Harmless and Indemnification Agreement, and Certificate of Vacancy
Inspection supersedes any and all understandings and agreements between the parties and
constitutes the sole and entire agreement between the parties. No oral agreement or
representations prior hereto shall be included herein unless set forth in writing.Any change to
this contract shall be in writing.This agreement shall be constructed in accordance with the laws
of the State of Florida. It is understood by the parties that this agreement is subject to Chapter
119, Florida Statute regarding Public Records Law.
13.EFFECTIVE DATE The effective date of this Agreement shall be that date when the last one
of the Seller(s)and the Buyer has signed this Agreement.
Warning: Any person who knowingly makes a false claim or statement to HUD
may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31
U.S.C. 3729.
Page 4 of 5 I Attachment 4 — Agreement for Purchase
01.y0rs)r .� v'
Vic' .. "I.
,. MONROE COUNTY,FLORIDA
VOLUNTARY HOME BUYOUT PROGRAM
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
hereinabove acknowledge as received,have and do hereby grant unto the Buyer or its authorized
representative, or any other office or agent of the Buyer authorized to purchase said lands, the
option and right to enter into this Agreement and to purchase said lands as herein provided.
Seller/Robert James Kinssies,as Trustee for the Robert James Kinssies Revocable
Living Trust dated July 25,2007
14-u57-6 /4Jf)9Ze- j-7C;0--64(‘1(
ign re Date Phone Number
Seller/Laura Marie Kinssies,as Trustee for the Laura Marie Kinssies Revocable Living
Trust dated July 25, 2007
4-A-0 c-rn cm IA 1 iu At,;_,12--fl'uS,/ee 1 1g/L2- &SL/) 7 3 Z-6,4 E-o
Signature Date Phone Number
Buyer/COUNTY: MONROE COUNTY, FLORIDA
ATTEST: Kevin Madok, CPA, Clerk
TIV
AP 1I-DiAity?� lerk avid Rice, M yor
•r-s f„�,y ..� (SFI)r a1
�1 �= rlld� 1.:�� f
o f ice v:;a e
` tea '' !6 10 yy OE COUNTY ATTORNEY'S OFFICE
-. ‘j APP TO 0
A ECE CULL.
ASSISTANT OIU�f YC�1Tf�''RNEY
DATE: I] TT ,��
Page 5 of 5 1 Attachment 4 — Agreement for Purchase
Return to: Doe#2376049 Bk#3174 Pg#958
The Law Office of Anthony J. Barrows Recorded 5/18/2022 9:42 AM Page 1 of 7
540 Key Deer Blvd
Big Pine Key,FL 33043
305-872-1050 Filed and Recorded in Official Records of
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 16`1' day of February, 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: Commencing at the Center of Section 25, Township 66 South, Range 29
East, Tallahassee Meridian, Big Pine Key, Monroe County, Florida; thence
South 89° 39' 12" East, along the East West 1/4 line, 51.08 feet; thence
South 17° 48' 50" East, 658.52 feet; thence South 89° 39' 12" East, 110.31
feet; thence South 20° 40' 20" East, 691.28 feet; thence South 04° 06' 48"
East, 278.17 feet to the Point of Beginning; thence continue South 04° 06'
48" East along the Easterly R/W line of Warner Street, 95.11 feet; thence
South 89°39' 12" East, 313.78 feet to the Mean High Water Line of the Gulf
of Mexico; thence meandering said Mean High Water Line, North 06° 16'
33"west, 95.44 feet;thence North 89°39' 12" West, 310.27 feet to the Point
of Beginning.
PLUS:
Commencing at the Center of Section 25, Township 66 South, Range 29
East, Tallahassee Meridian, Big Pine Key, Monroe County, Florida, as
shown on the Plat of VIRGIL S. LOWE SUBDIVISION,as recorded in Plat
• Book 3, Page 31, of the Public Records of Monroe County, Florida; thence
South 89° 39' 12" East, along the East West 1/4 line, 51.08 feet; thence
South 17° 48' 50" East, along the Easterly right-of-way line of Warner
Street, as shown on said plat, 658.52 feet; thence South 89° 39' 12" East,
along the Northerly right-of-way line of Warner Street, 110.31 feet; thence
South 20° 40' 20" East, along the Easterly right-of-way line of Warner
Street, 691.28 feet; thence South 04° 06' 48" East, along the Easterly right-
of-way line of Warner Street, 183.06 feet, to the Northwest Corner of those
lands described in Official Records Book 1074, Page 656; thence South 89°
39' 12" East,306.76 feet,to the Northeast Corner of said lands;thence South
06° 16' 33" East, along the Easterly line of said lands described in Official
Records Book 1074, Page 656, 95.44 feet to the Point of Beginning of the
filled bay bottom land hereinafter described; thence continue South 06° 16'
33" East, along the Easterly line of said lands as described in Official
•
Records Book 1074, Page 656, 95.44 feet; thence South 89° 39' 12" East,
along the Easterly projection of the South line of said lands, 169.01 feet, to
the Mean High Water Line of Bogie Channel (Gulf of Mexico); thence
Northwesterly, along the Mean High Water Line, on the following two
Courses; 1) North 29° 17' 57" west, 78.55 feet; 2) North 28° 38' 01" west,
30.40 feet; thence North 89° 39' 12" West, 126.23 feet, back to the Point of
the Beginning.
RE #: 00110650-000000
Address: 31685 Warner Street. Big Pine Key, FL 33043
conveyed by the Deed between Mr. Robert James Kinssies and Mrs. Laura Marie Kinssies,
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 10092 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)(10), 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
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.
i
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
iff -(3:-3-1:JP1'
, f:,� A De; ut e 1 vid Rice, Ma or
Ik\0µGj , ''' I,J lif
O
y
p
MO 14 OUNTY A EY'S OF CE
D FOX/
PAU CE SCULL
ASSISTA �1NT �1QRNEY
DATE; oo '��J�
Exhibit C
ROGO Exemption Letter
f
County of Monroe
Growth Management Division
Planning&Environmental Resources Board of County Commissioners
Department t ;�a� � Mayor David Rice,Dist 4i
2798 Overseas Highway,Suite 410 �- 1 Mayor Pro Tern Kim Wigington,Dist. I
Marathon,FL 33050 Heather Carruthers,Dist.3
Voice: (305)289-2500 t — George Neugent,Dist.2
FAX: (305)289-2536 \< y Sylvia J.Murphy,Dist.5
We strive to be caring,professional and fair
February 1, 2012
REPH V, LLC
C/O Elisa Villegas
780 NW 42nd Avenue, Suite 413
Miami, FL 33126
RE: ROGO Exemption Request for 31685 Warner Street, Big Pine Key, parcel of land in Section 25,
Township 66 South, Range 29 East, Big Pine Key, Real Estate#(RE) 00110650.000000
Ms. Villegas,
You requested a determination as to whether one (1) residential dwelling unit is exempt from the
Residential Rate of Growth Ordinance(ROGO)on the above-described premises.
Pursuant to §13 8-22 of the Monroe County Code, the ROGO shall not apply to the redevelopment,
rehabilitation or replacement of any lawfully-established residential dwelling unit that does not increase
the number of dwelling units that existed on the site. Therefore, owners of land shall be entitled to one
(1) dwelling unit allocation, exempt from the ROGO permit allocation system, for each dwelling unit
lawfully-established on a given property. §138-22 (1) provides the criteria to be used by staff to
determine whether or not a dwelling unit was lawfully-established:
(a) A permit or other official approval from the Division of Growth Management for the dwelling unit:
The following table organizes building permits by date issued:
.Datelssued „
951-1303 10/18/1995 300 cubic yards of maintenance dredging
021-5406 01/14/2003 Disconnect riser and meter can&installation of new riser and meter can
(b) If a permit or other official approval from the Division of Growth Management is not available, the
following information may be used to further support or establish that a dwelling unit was lawfully-
established:
RE: ROGO Exemption Request for 31685 Warner St,Big Pine Key,Real Estate No. 00110650.000000 Page 1 of 2
Site Visit: A site visit was conducted by Timothy Finn, Planner on 02/01/2012. A single-family
residence was observed on RE No. 00110650.000000
Land Use District: The property is located in a Suburban Residential (SR) District, in which a
detached residential dwelling unit is a permitted use.
Aerial Photography: Aerial photography from 1984 to 2009 confirms the continuous existence of a
building on the property. As a note, aerial photography can only confirm the number of structures,
not the number of units,in existence at any given time.
Monroe County Property Record Card: The Property Appraiser currently assesses the property
under a property classification code of 01 (Single Family) and their records indicate that a residential
unit was on the tax roll from 1993 to 2011. One (1) building, with a year built date of 1964, is
currently attributed to the property.
Utility records: Keys Energy Services records indicate that electric service was provided from
January 25, 2010 to May 26, 2010. (Note: Water and or electric service may have been provided at
other times, however records stating such were not provided.)
Whether the residential use could have been permitted under the pre-1986 zoning: Prior to 1986,the
property was within RU-3 district (Multiple Family Residential). Residential uses were permitted in
the RU-3 district.
Based on a review of the records, the Planning & Environmental Resources Department has determined
that one(1) dwelling unit is lawfully-established on the subject property.
If the exempted dwelling unit is replaced, all existing accessory structures must also be demolished
unless written permission stating otherwise is provided by the Planning & Environmental Resources
Department. This letter does not provide any vesting to existing regulations and the replacement
dwelling unit and any new accessory structures must be built in compliance with all applicable
regulations of the Monroe County Code and Comprehensive Plan at the time of development approval.
Furthermore, if the exempted dwelling unit is not replaced, but substantially improved as defined in the
Monroe County Code, it must be brought into compliance with all applicable regulations.
If you have any questions regarding the contents of this letter or if we may further assist you, please feel
free to contact our office at (305) 289-2500.
Sincerely,
Timothy Finn, Planner
RE: ROGO Exemption Request for 31685 Warner St,Big Pine Key,Real Estate No. 00110650.000000 Page 2 of 2
Prepared by and return to:
Anthony J.Barrows Doc it 2376048 Bk#3174 Pg#955
Attorney at Law Recorded 5/.18/2022 9:42 AM Page 1 of 3
The Law Offices of Anthony J.Barrows,LLC
540 Key Deer Boulevard Deed Doc Stamp$5,810.00
Big Pine Key,FL 33043 Filed and Recorded in Official Records of
305-872-1050 MONROE COUNTY KEVLN MADOK,CPA
File Number:22-139
Consideration: $830,000.00
[Space Above This Line For Recording Data]
Trustee's Deed
This Trustee's Deed made this 12th day of May,2022 between Robert James Kinssies,Individually and as Trustee of
the Robert James Kinssies Revocable Living Trust,dated July 25,2007 and Laura Marie Kinssies,Individually and as
Trustee of the Laura Marie Kinssies Revocable Living Trust,date July 25,2007 whose post office address is 521 SE 18"'
Avenue, Deerfield Beach, FL 33441, grantor, and Monroe County, a political subdivision of the State of Florida whose
post office address is 1100 Simonton Street, Suite 205,Key West,FL 33040, grantee:
(Whenever used herein the terms grantor and grantee include all the parties to this instrument and the heirs,legal representatives,and assigns of individuals,
and the successors and assigns of corporations,trusts and trustees)
Witnesseth,that said grantor,for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00)and other good
and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has
granted,bargained, and sold to the said grantee, and grantees heirs and assigns forever,the following described land, situate,
lying and being in Monroe County,Florida,to-wit:
See attached Exhibit"A" made a part hereto.
Subject to taxes for 2022 and subsequent years; covenants, conditions, restrictions, easements,
reservations and limitations of record,if any.
Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's
homestead within the meaning set forth in the constitution of the state of Florida,nor is it contiguous
to or a part of homestead property.
Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold,the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons claiming by,through or under grantors.
In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written.
DoubleTime®
Signed,sealed and delivered in our presence:
WITNESSES AS TO ALL:
Wi m. Name: • , IMF- Robert J mes ssies,Indi •
a .
Witness �' _
l Robe Jam inssies,Trustee
A
ra Marie Kinssies,Individua ly
a/lc/a Laurie Marie Kinssies
•
y vim(c.. wl rsn>ti 1 t—
Laura Marie Kinssies,Trust e
a/k/a Laurie Marie Kinssies
State of Florida
County of Broward
The foregoing instrument was acknowledged before me by means of[X] physical presence or [I online notarization, this
/ - day of May, 2022 by Robert James Kinssies, Individually and as Trustee of the Robert James Kinssies Revocable
Living Trust, dated July 25,2007 and Laura Marie Kinssies, Individually as Trustee of the Laura Marie Kinssies Revocable
Living Trust,date July 25,2007,who[ ] is personally known or s produce iver' 'cense as identification.
[Notar 3.,a1] Notary, blic
A..,_AGE ENIDE LOUTS / J
ar A' Notary Public,State of Florida Printed Name: —�,i .€ al0 U
p h[ — r Commission#GG 277238�'�tt My comm.expires Nov.15,2022
My Commission Expires: /J / 27a,a
Trustee's Deed-Page 2 DoubleTime®
EXHIBIT "A"
(Legal Description)
Commencing at the Center of Section 25,Township 66 South,Range 29 East, Tallahassee Meridian,
Big Pine Key, Monroe County, Florida; thence South 89°39' 12" East, along the East West 1/4 line,
51.08 feet;thence South 17°48'50"East,658.52 feet;thence South 89°39' 12"East,110.31 feet;thence
South 20°40'20"East,691.28 feet;thence South 04°06'48"East,278.17 feet to the Point of Beginning;
thence continue South 04°06'48"East along the Easterly R/W line of Warner Street,95.11 feet;thence
South 89° 39' 12" East, 313.78 feet to the Mean High Water Line of the Gulf of Mexico; thence
meandering said Mean High Water Line,North 06°16'33"West,95.44 feet;thence North 89°39' 12"
West,310.27 feet to the Point of Beginning.
PLUS:
Commencing at the Center of Section 25, Township 66 South, Range 29 East, Tallahassee Meridian,
Big Pine Key,Monroe County,Florida,as shown on the Plat of VIRGIL S.LOWE SUBDIVISION,as
recorded in Plat Book 3,Page 31,of the Public Records of Monroe County,Florida; thence South 89°
39' 12"East,along the East West 1/4 line,51.08 feet;thence South 17°48'50"East,along the Easterly
right-of-way line of Warner Street,as shown on said plat, 658.52 feet; thence South 89°39' 12" East,
along the Northerly right-of-way line of Warner Street, 110.31 feet; thence South 20° 40' 20" East,
along the Easterly right-of-way line of Warner Street,691.28 feet;thence South 04°06'48"East,along
the Easterly right-of-way line of Warner Street, 183.06 feet, to the Northwest Corner of those lands
described in Official Records Book 1074,Page 656; thence South 89°39' 12" East,306.76 feet,to the
Northeast Corner of said lands; thence South 06° 16' 33" East, along the Easterly line of said lands
described in Official Records Book 1074,Page 656,95.44 feet to the Point of Beginning of the filled bay
bottom land hereinafter described; thence continue South 06° 16'33" East,along the Easterly line of
said lands as described in Official Records Book 1074,Page 656,95.44 feet; thence South 89°39' 12"
East,along the Easterly projection of the South line of said lands,169.01 feet,to the Mean High Water
Line of Bogie Channel(Gulf of Mexico); thence Northwesterly, along the Mean High Water Line,on
the following two Courses; 1)North 29°17'57"West,78.55 feet;2)North 28°38'01"West,30.40 feet;
thence North 89°39' 12"West,126.23 feet,back to the Point of Beginning.
Trustee's Deed-Page 3 DoubleTime®