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02/16/2022 Restrictive Covenant Return to: Doc#2376070 Bk#3174 Pg#1068 The Law Office of Anthony J. Barrows Recorded 5118I2022 10:06 AM Page l 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 16th 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: A parcel of land in a part of Government lot 2, Section 21, Township 66 South, Range 29 East on Little Torch Key, Monroe County, Florida, and being more particularly described by metes and bounds as follows: COMMENCING at the Intersection of the Easterly right of way line of Old State Highway No. 4A and the South line of Government Lot 2 Section 21, Township 66 South, Range 29 East, bear North 04°40' 05" West along the Easterly right of way line of Old State Highway No 4A for a distance of 1,300 feet to the Point of Beginning of the parcel of land hereinafter described; from said Point of Beginning continue bearing Northwesterly along the Easterly right of way line of Old State Highway No 4A for a distance. of 50 feet to a point; thence bear East for a distance of 290 feet, more or less, to a point on the shoreline of Pine Channel, thence meander the shoreline of Pine Channel in a Southerly direction to a point which is 49.98 feet, measured at right angles to the preceding course, thence bear West for a distance of 290 feet, more or less,back to the Point of Beginning. RE#: 00113150-000000 Address: 1561 State Road 4A, Little Torch Key, 33042 conveyed by the Deed between Barbara J. Longo, 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)(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. 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 f r 5 ' rD'eputM'erk David Rice, Mayor 1t '°,•�� �ae: rd,247.1- N COUNTY ATTORNEY'S OFFICE PPIRM7VtOtti • PAUNECE SCULL ASSISTANd UN1YfAL DATE: +V I I Exhibit C Property Record Card 5/5/22,5:03 PM qPublic.net-Monroe County, FL-Report:00113150-000000 AgPubliC.net'M Monroe County, FL Disclaimer The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property within the County.The Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data provided regarding one tax year may not be applicable in prior or subsequent years.By requesting such data,you hereby understand and agree that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose. By continuing into this site you assert that you have read and agree to the above statement. Summary Parcel ID 00113150-000000 �%. Account# 1142816 •' "%-.:1' g Property ID 1142816 _ 1142816 Millage Group 100H • ��` y Location 1561 STATE Rd,LITTLE TORCH KEY Address {` �� a ''' yi _ Legal 21 66 29 LITTLE TORCH KEY PT LOT 2OR525 8490R663 4800R800 6540R810 10500R832- �' ` — —�• ii' '.. Description 621/220R956-16970R992-354OR1001-11000R1001-1110R1290-1/20R1412-4200R1414- ,jq.64 \, a 220 OR2643-323/24 ' :' '{l,. (Note:Not to be used on legal documents.) 1., Neighborhood 688 J 1114/ ; i Property SINGLE FAMILY RESID(0100) iv..,; ,U,JLlIt Class !, Subdivision �te� '- Sec/Twp/Rng 21/66/29 Affordable No Housing 1; Owner LONGO FAMILY REVOCABLE LIVING TRUST 10/1/2012 5251 NW 80th Ter Parkland FL 33067 Valuation • 2021 2020 2019 2018 + Market Improvement Value $6,056 $6,140 $6,224 $6,392 + MarketMiscValue _ $260 _ $5,424 $5,445 $4,693 + Market Land Value $259,063 $375,641 $375,641 $359,858 • Just Market Value $265,379 $387,205 TJ $387,310 $370,943 = Total Assessed Value $265,379 $387,205 $303,325 $275,750 - School Exempt Value $0 $0 $0 $0 = School Taxable Value $265,379 $387,205 $387,310 $370,943 Land Land Use Number of Units Unit Type Frontage Depth RES WATERFRONT(010W) 10,885.00 Square Foot 0 0 Buildings Building ID 7561 Exterior Walls WD FRAME Style Year Built 1988 Building Type S.F.R.-R1/R1 EffectiveYearBuilt 2000 Gross Sq Ft 2514 Foundation CONC PILINGS Finished Sq Ft 888 Roof Type GABLE/HIP Stories 1 Floor Roof Coverage METAL Condition AVERAGE Flooring Type CONC S/B GRND Perimeter 122 Heating Type FCD/AIR DUCTED with 0%NONE Functional Obs 95 Bedrooms 2 Economic Obs 0 Full Bathrooms 2 Depreciation% 30 Half Bathrooms 0 Interior Walls DRYWALL Grade 450 Number of Fire PI 0 Code Description Sketch Area Finished Area Perimeter FLA FLOOR LIV AREA 888 888 0 OPU OP PR UNFIN LL 348 0 0 SPF SC PRCH FIN LL 73 0 0 PUF SC PRCH FIN UL 400 0 0 _ SBU UTILUNFINBLK 805 0 0 TOTAL 2,514 888 0 https://gpublic.schneidercorp.com/Application.aspx?Appl D=605&Layerl D=9946&PageTypel D=4&PageID=7635&Q=166335916&KeyValue=00113150-... 1/3 5/5/22,5:03 PM qPublic.net-Monroe County,FL-Report:00113150-000000 Yard Items Description Year Built Roll Year Quantity Units Grade FENCES 2004 2005 1 136SF 2 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved 7/29/2013 $100 Quit Claim Deed 2643 323 11-Unqualified Improved 7/1/1996 $205,000 Warranty Deed 1412 0420 U-Unqualified Improved 1/1/1987 $21,500 Warranty Deed 1001 111 Q-Qualified Vacant 5/1/1981 $20,000 Warranty Deed 832 621 U-Unqualified Vacant 5/1/1980 $15,000 Warranty Deed 810 1050 Q-Qualified Vacant 10/1/1979 $9,000 Conversion Code 800 654 Q-Qualified Vacant Permits Number 4 Date Issued4 Date Completed 4 Amount 4 Permit Type 4 Notes 4 19101286 4/3/2019 $500 Residential PERMIT APPROVAL FOR DEMOLITION OF SFR AS PER APPROVED PLANS.2-14-2022 10106283 10/18/2010 $5,500 Residential REMOVE AND REPLACE METAL ROOF 03-5229 2/10/2004 12/30/2004 $8,000 Residential BUILDING MISCELLANEOUS 16788-A 1/1/1987 1/1/1988 $59,015 Residential SFR View Tax Info View Taxes for this Parcel Sketches(click to enlarge) 29 29 10 OPU 10. PUF (349) (350) 24 20 24 22 10 SBU 12 (565) 17 5 5 12 37 FLA 21 (888) 15 14 20 SBU 5 (240) 12 10 PUF 6 SPF (50) (73) 12 24 https://gpublic.schneidercorp.com/Application.aspx?AppID=605&LayerID=9946&PageTypel D=4&PageID=7635&Q=166335916&KeyValue=00113150-... 2/3 5/5/22,5:03 PM gPublic.net-Monroe County, FL-Report:00113150-000000 Photos ' � 1142816 1 �p Y' hV V Aft 4}i a— ,. jl'tit T,b.ti E . Map 9 r ,* 4 . ; 4v aged ev od OQd, a (Q t• `� f -,w! `. f fit. �Y,.ti,- t;S-, 4. I� � 4? - .r;1' .,r �o ereeys� 1 • ,''-' , s', , •mot ..— ' LA ' '. 4 - ' ' # Kn f .. .. . .1 1 TRIM Notice 2021 TRIM Notice(PDF) 2021 Notices Only The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to Developed by secure a just valuation for ad valorem tax purposes of all property within the County.The Monroe County Property Appraiser's office cannot guarantee tzl Schneider its accuracy for any other purpose.Likewise,data provided regarding one tax year may not be applicable in prior or subsequent years.By requesting such GEOS PAT IAL data.you hereby understand and agree that the User Privacy Policy GDPR Privacy Notice Last Data Upload:5/5/2022,2:28:22 AM Version 2.3.193 https://gpublic.schneidercorp.com/Application.aspx?AppID=605&Layer)D=9946&PageTypel D=4&PageID=7635&Q=166335916&KeyValue=00113150-... 3/3