02/16/2022 Restrictive Covenant g# Page 1 of 7
Return to: Recorded 5/17'2022 10:38
The Law Office of Anthony J. Barrows Doc#2375852 Bk#3174 AP�bt a
540 Key Deer Blvd
Big Pine Key, FL 33043 Filed and Recorded in Offici M �CPA
305-872-1050 NiIONnROE COUNTY KE
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°i 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: Lot 22, Block 8, Rockland Hammock Section 2, Located in Government
Lots 1, 2 & 3 Section 28, Township 67 South, Range 26 East on East
Rockland Key, according to the plat thereof as recorded in Plat Book 3,
Page(s) 153, Public Records of Monroe County, Florida.
RE#: 00148370-000000
Address: 516 Park Drive, Key West, Florida 33040
conveyed by the Deed between Charles Weitzel, 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
�\�,s epi tx lerk vi Rice, Mayor
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DATE:
Exhibit C
ROGO Exemption Letter
County of Monroe
Planning& Environmental Resources ,• k4A9147N. Board of County Commissioners
Department .) E,� `, \lay or Sylvia J.Murphy.Dist.5
2798 Overseas High\va .Suite 410 r I 1 -% 11 Mayor Pro Tem Dann I.. Kolitage. District
Marathon. FL 33050 x, irk t c (ieur u ce\eeent. District 2
Voice: (305)289-2500 <" r I leather( ;urutheu. District
FAX: (305)289-2536 �. . IriviLI0ice. l)i>ttict 4
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We strive to be caring,professional and fair
January 29. 2019
keywestcpa0),aol.com
Charles Weitzel
6810 Front St.
Key West, FL 33040
RE: ROGO Exemption Request (File #2018-R162) for property located at 516 Park Dr.
Rockland Key, Block 8, Lot 22, Rockland Hammock Section 2 Subdivision, real estate
number 00148370-000000.
Mr.Weitzel:
You requested a determination as to whether two (2) residential dwelling unit are exempt from the
Residential Rate of Growth Ordinance (ROGO) on the above-described premises.
Pursuant to Section 138-22 of the Monroe County Land Development Code, the redevelopment,
rehabilitation or replacement of any lawfully established dwelling unit or space that does not increase
the number of dwelling units above that which existed on the site prior to the redevelopment,
rehabilitation or replacement shall be exempt from the residential ROGO system.
For dwelling units that were established prior to the effective date of the ROGO and therefore did not
receive a ROGO allocation through the ROGO permit allocation system, the Monroe County Land
Development Code requires a body of evidence to support the existence of the dwelling unit on or about
July 13, 1992, the effective date of the original ROGO. Any Monroe County building permit(s) for the
original construction of the structure confirming the existence of the dwelling unit and its use(s) on or
about July 13, 1992 can stand as the only piece of evidence for a ROGO exemption.
No building permit(s) or certificate of occupancy was provided by the applicant or found by staff in
the County records confirming the existence of the dwelling unit and its use(s) on or about July 13,
1992.
If there are no building permit(s) for the original construction of the structure, in order to grant an
exemption, at least two of the following documents supporting the lawful existence of the dwelling unit
must be found:
(1) Any other issued Monroe County building permit(,) supporting the existence of the structure(s) and
its use(s) on or about July 13, 1992:
The following table organizes relevant building permits by date issued:
Permit No. Date Issued Description
17104159 6/15/2017 Sewer tie in (one SFR)
18101151 2/14/2018 ATF emergency repair—permit not issued
ROGO Exemption Request File# [2018-R 162], [516 Park Dr.], [Rockland Key] Page 1 of 3
•
Permit No. Date Issued Description
18101660 5/30/2018 Fence repair
County permits do not support the existence of the structure(s) and its residential use(s) on or about
July 13, 1992.
(2) Documentation from the Monroe County Property Appraiser's Office indicating residential use on
or about July 13, 1992:
The Property Appraiser currently assesses the property under a property classification code of 01-
Single Family Residential and their records indicate that a residential unit has been on the tax roll
from 1987 to 1989. Property appraiser records indicate a building value of zero on the property from
1990 to 1995. A building value is attributed to the property from 1996 to 2017. Two (2) buildings.
with a year built date of 1998, are currently attributed to the property. In addition, the property
received a homestead exemption from 1988 to 1989 and again from 1991 to 2012
Different property appraiser reports provide conflicting information.
Appraiser data from 10/27/2011 gives the property a PC code of 02, mobile home and indicates that
there were two residences on the property because the exemptions are listed as 30—2500 homestead
and 44—additional homestead. No details on existing buildings was provided.
Appraiser data from 2/5/2014 gives the property a PC code of 02, mobile home and lists the property
as having l building, a SFR built in 1972 with a living area of 1,200 SF.
Appraiser data from 6/30/2014 gives the property a PC code of 01, single family, and lists the
property as having 2 buildings. One SFR with a total living area of 2,091 SF and a year built date of
1998 and another SFR with 600SF and a year built date of 1998.
County Property Appraiser's documentation does not indicate residential use on or about July 13,
1992. (Please note that if a mobile home was owned by a person other than the property owner and
was not claimed as real property, the building value on the appraiser data would be listed as zero.)
(3) Aerial photographs (to confirm the number of structures, not the number or type of dwelling units)
and original dated photographs showing the structure(s) existed on or about July 13, 1992:
Aerial photography in 1975 indicates a small trailer on the property. From 1981 to 1994 aerial photos
depict a building of the same size and location as the larger structure currently on the property. From
1998 to 2018 aerial photos depict the smaller structure on the rear of the property. Aerial
photography indicates one building on the property in 1992.
(4) Residential county directory entries on or about July 13, 1992:
Residential county directory entries were reviewed by Planning Department staff for the years 1991
and 1992. The 1991 and 1992 directories did not have an entry for the subject property's address.
(5) Rental. occupancy or lease records on or about July 13, 1992. indicating the number, type and term
of the rental or occupancy:
No occupancy or lease records were provided by the applicant for review.
(6) State and/or county licenses on or about July 13, 1992, indicating the number and types of rental
units:
No state or county licenses were provided by the applicant for review.
ROGO Exemption Request File# [2018-R 162], [516 Park Dr.], [Rockland Key] Page 2 of 3
(7) Documentation from the utility providers indicating the type of service (commercial or residential)
provided and the number of meters in existence on or about July 13, 1992:
Keys Energy Services and Florida Keys Aqueduct Authority records were not reviewed.
(8) Similar supporting documentation not listed above as determined suitable by the planning director:
Land Use (Zoning) District: From 1986 to present, the property is located in Native Area (NA)
zoning, in which a detached residential dwelling is a permitted use, with an allocated density of.25
per gross upland acre, with a minimum open space requirement of 95%. RU-1, single family
residential, was the zoning from 1973 to 1986.
1988 Monroe County Mobile Home Study: The 1988 Monroe County Mobile Home Study does
record the existence of a mobile home on the property at that time.
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 and its replacement would
thereby be exempt from the ROGO permit allocation system, but would be required to meet all other
land development code requirements, including open space.
If the exempted dwelling units are 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
units 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 units are not replaced, but substantially improved as defined in the Monroe
County Code, they must be brought into compliance with all applicable regulations.
If you have any questions regarding the contents of this letter or if I may further assist you, please feel
free to contact the Planning & Environmental Resources Department at (305) 289-2500.
Since
Emily Schemper, AICP, CFM
Acting Senior Director of Planning and Environmental Resources
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ROGO Exemption Request File# [2018-R 162], [516 Park Dr.], [Rockland Key] Page 3 of 3