02/16/2022 Restrictive Covenant Return to Doc#2376060 Bk#3174 Pg#1013
Page 1 of 7
The Law Office of Anthony J. Barrows Recorded 5/18;2022 9:48 AM
540 Key Deer Blvd
Big Pine Key,FL 33043 Filed and Recorded in Official Records of
305-872-1050 MONROE COUNTY KEVLN 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: A parcel of platted and filled submerged land, being part of Lot 6 and the
South one-half of Lot 7, Block "B", according to the Plat of Piney Point
Subdivision,as recorded in Plat Book 3,Page 88, Public Records of Monroe
County, Florida and a part of submerged land described in Deed No. 22214
(371-44) of the Trustees of the Internal Improvement Fund of the State of
Florida dated 30 July, 1959; and being more particularly described as
follows: COMMENCING at the Southeast comer of Lot 6, Block "B" of the
above plat; thence Westerly along the South line of Lot 6, 250 feet to the
Point of Beginning; thence continue Westerly 50 feet; thence Northerly
112.5 feet: thence Easterly 50 feet; thence Southerly 112.5 feet to the Point
of Beginning.
RE#: 00246470-000000
Address: 620 Elma Avenue, Big Pine Key, Florida 33043
conveyed by the Deed between Pamela Ruth-Elease Eanes, 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
110
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
0 0
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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Exhibit C
Property Record Card
5/5/22,8:41 PM qPublic.net-Monroe County,FL-Report:00246470-000000
OgPublic.netrm 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 00246470-000000 ,• /f,
Account# 1316130 1'-"'
Property ID 1316130 4..' t4.
Millage Group 100H - ,
Location 620 ELMA Ave,BIG PINE KEY — -- -Address
Legal BK B PT LT 6 AND PT OF S1/2 LT 7 PINEY POINT SUB PB3-88 BIG PINE KEY - ----
- -- -
Description OR63-320/21 OR87-284 OR1472-675D/C OR1523-1367/AFF OR1523-
1370/71UE OR1607-1780/81UE(UNR D/C)
(Note:Not to be used on legal documents.)
Neighborhood 547 a
Property SINGLE FAMILY RESID(0100) f�„
Class
Subdivision PINEYPOINTSUBD _ _ t
ti- ,
Secirwp/Rng 34/66/29 ry---N 4,.....,' '.� �-" ""`tc t .c- . - `y�" 't"� i, -.
Affordable No '. ' -: _,w
Housing " '- " 13' 16J3Q O196fiiB =
-t. .., 'a,' R'_. t" t -!. -..cam /
Owner
EANES PAMELA RUTH-ELEASE
8416 Harrison Ave
Munster IN 46321
Valuation
2021 2020 2019 2018
+ MarketlmprovementValue $120,491 $120,491 $122,345 $126,154
+ Market Misc Value $4,392 $4,392 $4,392 $3,666
+ Market Land Value $107,818 $107,818 $107,818 $119,729
• Just Market Value $232,701 $232,701 $234,555 $249,549
= Total Assessed Value $232,701 $232,701 $234,555 $249,549
- School Exempt Value $0 $0 $0 $0
School Taxable Value $232,701 $232,701 $234,555 $249,549
Land
Land Use Number of Units Unit Type Frontage Depth _ _
RESIDENTIAL CANAL(010C) 4,250.00 Square Foot 0 0 _
EASEMENT(000E) 1.00 Lot 0 0__
(9500) 0.02 Acreage 0 0
Buildings
Building ID 14275 Exterior Walls C.B.S.
Style GROUND LEVEL Year Built 1963
Building Type S.F.R.-R1/R1 EffectiveYearBuilt 1990
Gross SgFt 1668 Foundation CONCRETE SLAB
Finished Sq Ft 1580 Roof Type GABLE/HIP
Stories 1 Floor Roof Coverage METAL
Condition AVERAGE Flooring Type CONC ABOVE GRD
Perimeter 247 Heating Type NONE with 0%NONE
Functional Obs 30 Bedrooms 2
Economic Obs 0 Full Bathrooms 2
Depreciation% 35 Half Bathrooms 0
Interior Walls PLASTER Grade 500
Number of Fire PI 0
Code Description Sketch Area Finished Area Perimeter
SPX EXEC SC PORCH 88 0 38 _
FLA FLOOR LIV AREA 1,580 1,580 244
TOTAL 1,668 1,580 282
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Yard Items
Description Year Built Roll Year Quantity Units Grade
RW2 1975 1976 1 20SF 4
WALLAIRCOND 1989 1990 1 1UT 1
WALL AIR COND 1989 1990 1 1UT 3
CONCRETE DOCK 1975 1976 1 100 SF 1
SEAWALL 1975 1976 1 100 SF 3
Permits
Date
Number Date Issued Completed Amount Permit
• Type 0 Notes
21103729 2/3/2022 $2,496 Residential CORRECTIONS TO SERVICE ENTRANCE CONCUIT AND UPGRADE SERVICE TO 200 AMP,MAKE CORRECTIONS
FOR SUB-PANEL--CHECK CIRCUITS AND TRIM OUT
20103272 5/19/2021 $18,635 Residential INSTALL AND REPAIR DOORS AND WINDOWS,DRYWALL,TRIM,PAINTING AND STALATION OF KITCHEN AND
APPLIANCES
16108814 12/21/2016 6/6/2017 $2,000 Residential SEWER CONNECTION-GRINDER PUMP
15106001 11/25/2015 4/12/2016 $13,800 Residential REPLACE WINDOWS,FASCIA,SOFFITS
A-10229 2/1/1983 12/1/1983 $5,000 Residential ADDITION&GARAGE
View Tax Info
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Sketches(click to enlarge)
18 10.
3 3
16
FLA Yr=1983 •
(702)
• 28
39 39
• FLA Yr=1963
(878)
•
•
11
•
B
SPX Yr=1963
(88)
• 15
Photos
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