02/16/2022 Restrictive Covenant 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