Resolution 227-2022 GVS COURTq c
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: December 30, 2022
TO: Christine Hurley, Executive Director
Monroe County Land Authority
ATTN: Dina Gambuzza
Office Manager
FROM: Liz Yongue, Deputy Clerk
SUBJECT: August 17th BOCC Meeting
The following item has been added to the record:
G1 Resolution 227-2022 granting approval of a Purchase Agreement of property pending
final Department of Economic Opportunity approval, funded by the Community Development Block
Grant-Disaster Recovery, Voluntary Home Buyout Program in the amount of$460,000.00, execution of a
Restrictive Covenant running with the land, and moving one Market Rate -Rate of Growth Ordinance
Exemption from the acquired property to the Administrative Relief pool for market rate allocation(s).
Should you have any questions please feel free to contact me at(305) 292-3550!
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
RESOLUTION NO. 227 -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 funds 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 1 SO-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 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. This deed-restriction is provided for in a
"Declaration of Restrictive Covenant Running with the Land and Declaration of Restriction on
Future Development"; and
Page I of 3
WHEREAS, Monroe County is acquiring property through the VHBP for a purchase price of
$460,000.00. 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 and Legislative Intent: 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.
Section 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 ROGO Exemption to the Administrative Relief pool for market
rate allocation. ROGO Exemption attached hereto as Exhibit C.
Page 2 of 3
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 17th day of August 2022.
` is �3 '4, Mayor David Rice, District 4 Yes
4 Mayor Pro Tem Craig Cates,District 1 Yes
I Commissioner Michelle Coldiron, District 2 Yes
_ . Commissioner Jim Scholl,District 3 Yes
`� - = „; Commissioner Holly Merrill Raschein, District 5 Yes
oop c.,,Hiv
Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By:
As 4eputy C Mayor
MONROE COUNTY ATTORNEY
r-- APPROVED AS TO FORM
F:- R_ Iy lk Digitally signed by James D.
`=' James D. Molenaar•olenaar
r ' Date:2022.08.03 12:23:25-04'00'
Lai }---
_� ... , JAMES MOLENAAR
R ASSISTANT COUNTY ATTORNEY
-=, Date:
•
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Page 3 of 3
Jr a .1,
MONROE COUNTY,FLORIDA
VOLUNTARY HOME BUYOUT PROGRAM
AGREEMENT FOR PURCHASE
This AGREEMENT made this \ day of 1 ttL 4`5+ , 2022, by and between
Monroe County, a political subdivision of the State of Florida, whose post office address
is 1100 Simonton Street, Suite 205, Key West, FL 33040 (hereinafter referred to as "Buyer")
and Mark Weinberg and:Michelle.Weinberg(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 them,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:
See attached Exhibit A
RE NUMBER: parcel#00110810-000200
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 wi0 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 $460,000.00 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.
st016 n ,?t
MONROE COUNTY,FLORIDA
VOLUNTARY HOME BUYOUT PROGRAM
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.
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,
owners 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.
Seller(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 closing. 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.
�. MONROE COUNTY,FLORIDA
v /, VOLUNTARY HOME BUYOUT PROGRAM
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 Thursday, July 21, 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.
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.
-,. n ry
2 ',/, � MONROE COUNTY,FLORIDA
\ : , VOLUNTARY HOME BUYOUT PROGRAM
loam
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.
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/Mark Weinberg and,Michelle WeinbergeLier // 03-5-22- g a 6 el
Signature Date Phone Number
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Sig ature -./ Date Phone Number
fir;.. en COUNTY: MONROE COUNTY, FLORIDA
a _ '; g•T: Kevin Madok, CPA, Clerk
Al. iik‘„,--: .0 "-,,* C) 6.410 A3
eputy O�lerk n,...
David Rice,Mayor
(Seal)
Date: QJ 11Ilan- i ` 4
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ONROE C U
ATTORNEY - ..
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RQSER7 B.SMI ING JR' '
s MONROE COUNTY,FLORIDA
,.,' VOLUNTARY HOME BUYOUT PROGRAM
AGREEMENT FOR PURCHASE EXHIBIT A: LEGAL DESCRIPTION
Parcel 1:
A parcel of land,Part of Government Lot 4,Section 25,Township 66 South,Range 29 East,at Big Pine Key,Monroe
County,Florida,being more particularly described by metes and bounds as follows:
Commencing at the center of Section 25, bear South 89 degrees 39 minutes and I2 seconds East 51.08 feet to the
Easterly line of Warner Road;thence bear South 17 degrees 48 minutes and 50 seconds East,along the Easterly line of
Warner Road,658.52 feet;thence bear South 89 degrees 39 minutes and 12 seconds East,along the Northerly line of
Warner Road, 110.31 feet to the Point of Beginning of the parcel of land herein being described;thence continue South
89 degrees 39 minutes and 12 seconds East, 300 feet to a point; thence run South 20 degrees 44 minutes and 13
seconds East,60 feet to a point;thence run North 89 degrees 39 minutes and 12 seconds West,300 feet to a point on
the Easterly line of Warner Road;thence North 20 degrees 40 minutes and 20 seconds West,60 feet back to the Point
of Beginning.
Parcel 2
A parcel of land,part of Government Lot 4,Section 25,Township 66 South,Range 29 East,at Big Pine Key,Monroe
County,Florida,and being more particularly described by metes and bounds as follows:
Commencing at the center of Section 25,bear South 89 degrees 39 minutes and 12 seconds East 51.08 feet to the
Easterly line of Warner Road;thence bear South 17 degrees 48 minutes and 50 seconds East,along the Easterly line of
Warner Road,658.52 feet;thence bear South 89 degrees 39 minutes and 12 seconds East,along the Northerly line of
Warner Road, 110.31 feet to a point;thence South 20 degrees 40 minutes and 20 seconds East,along the Easterly line
of Warner Road for a distance of 60 feet;thence South 89 degrees 39 minutes and 12 seconds East,for a distance of
300 feet to the Point of Beginning;thence continue South 89 degrees 39 minutes and 12 seconds East,for a distance of
25 feet,more or less,to the Mean High Water Line of Bogie Channel;thence Northwesterly along the said Mean High
Water Line for a distance of 87 feet,more or less,to a point that bears North 20 degrees 44 minutes and 13 seconds
West from the Point of Beginning;thence South 20 degrees 44 minutes and 13 seconds East,for a distance of 60 feet
back to the Point of Beginning.
Less and Except the following described parcel:
A parcel of land,part of Government Lot 4,Section 25,Township 66 South,Range 29 East,at Big Pine Key,Monroe
County,Florida,and being more particularly described by metes and bounds as follows:
Commencing at the center of Section 25, bear South 89 degrees 39 minutes and 12 seconds East 51.08 feet to the
Easterly line of Warner Road;thence bear South 17 degrees 48 minutes and 50 seconds East,along the Easterly line of
Warner Road,658.52 feet;thence bear South 89 degrees 39 minutes and 12 seconds East,along the Northerly line of
Warner Road, 110.31 feet to a point;thence South 20 degrees 40 minutes and 20 seconds East,along the Easterly line
of Warner Road for a distance of 60 feet;thence South 89 degrees 39 minutes and 12 seconds East for a distance of
251.45 feet to the Point of Beginning;thence North 17 degrees 15 minutes West for a distance of 2.50 feet ; thence
North 72 degrees 45 minutes East,for a distance of 27.33 feet;thence South 17 degrees 15 minutes East,for a distance
of 6.95 feet;thence North 72 degrees 45 minutes East,for a distance of 8.10 feet;thence South 17 degrees 15 minutes
East, for a distance of 6.80 feet;thence North 89 degrees 39 minutes and 12 seconds West,for a distance of 37.23 feet
back to the Point of Beginning.
Together with a perpetual easement over the following described land:
A parcel of land,part of Government Lot 4,Section 25,Township 66 South,Range 29 East,at Big Pine Key,Monroe
County,Florida,and being more particularly described by metes and bounds as follows:
Commencing at the center of Section 25, bear South 89 degrees 39 minutes and 12 seconds East 51.08 feet to the
Easterly line of Warner Road;thence bear South 17 degrees 48 minutes and 50 seconds East,along the Easterly line of
Warner Road,658.52 feet;thence bear South 89 degrees 39 minutes and 12 seconds East,along the Northerly line of
Warner Road, 110.31 feet to a point;thence South 20 degrees 40 minutes and 20 seconds East,along the Easterly line
of Warner Road for a distance of 60 feet;thence South 89 degrees 39 minutes and 12 seconds East for a distance of
248.3 feet to the Point of Beginning;thence North 17 degrees 15 minutes West for a distance of 4.54 feet ; thence
North 72 degrees 45 minutes East,for a distance of 33.33 feet;thence South 17 degrees 15 minutes East,for a distance
of 6.95 feet;thence North 72 degrees 45 minutes East,for a distance of 8.10 feet;thence South 17 degrees 15 minutes
East, for a distance of 10.82 feet; thence North 89 degrees 39 minutes and 12 seconds West, for a distance of 3.15,
thence North 17 degrees 15 minutes West,for a distance of 6.80 feet;thence South 72 degrees 45 minutes West,for a
distance of 8.10 feet;thence North 17 degrees 15 minutes West,for a distance of 6.85 feet;thence South 72 degrees 45
minutes West,for a distance of 27.33 feet;thence South 17 degrees 15 minutes East,for a distance of 2.50 feet;thence
North 89 degrees 39 minutes and 12 seconds West,for a distance of 3.15 feet back to the Point of Beginning.
Prepared by and return to:
Anthony J.Barrows -
Attorney at Law Doc#2396051 Bk#3199 Pg#1673
The Law Offices of Anthony J.Barrows,LLC Recorded 10/31/2022 10:37 AM Page 1 of 4
540 Key Deer Boulevard
Big Pine Key,FL 33043 Deed Doc Stamp$3,220.00
305-872-1050 Filed and Recorded in Official Records of
File Number: 22-159 MONROE COUNTY KEVIN MADOK,CPA
Consideration: $460,000.00
Parcel Identification No.00110810-000200
[Space Above This Line For Recording Data]
Warranty Deed
(STATUTORY FORM-SECTION 689.02,F.S.)
This Indenture made this 27th day of October,2022 between Mark Weinberg and Michelle Weinberg, husband and
wife whose post office address is 31715 Warner Street,Big Pine Key,FL 33043 of the County of Monroe,State of Florida,
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 of the County of Monroe, State of Florida,grantee*,
Witnesseth that said grantor,for and in consideration of the sum of 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 grantee's heirs and assigns forever,the following described land, situate,
lying and being in Monroe County,Florida,to-wit:
Parcel 1:
A parcel of land,Part of Government Lot 4,Section 25,Township 66 South,Range 29 East,at Big Pine
Key,Monroe County,Florida,being more particularly described by metes and bounds as follows:
Commencing at the center of Section 25,bear South 89 degrees 39 minutes and 12 seconds East 51.08
feet to the Easterly line of Warner Road;thence bear South 17 degrees 48 minutes and 50 seconds East,
along the Easterly line of Warner Road,658.52 feet; thence bear South 89 degrees 39 minutes and 12
seconds East, along the Northerly line of Warner Road, 110.31 feet to the Point of Beginning of the
parcel of land herein being described; thence continue South 89 degrees 39 minutes and 12 seconds
East, 300 feet to a point; thence run South 20 degrees 44 minutes and 13 seconds East, 60 feet to a
point;thence run North 89 degrees 39 minutes and 12 seconds West,300 feet to a point on the Easterly
line of Warner Road; thence North 20 degrees 40 minutes and 20 seconds West, 60 feet back to the
Point of Beginning.
Parcel 2
A parcel of land,part of Government Lot 4,Section 25,Township 66 South,Range 29 East,at Big Pine
Key,Monroe County,Florida,and being more particularly described by metes and bounds as follows:
Commencing at the center of Section 25,bear South 89 degrees 39 minutes and 12 seconds East 51.08
feet to the Easterly line of Warner Road;thence bear South 17 degrees 48 minutes and 50 seconds East,
along the Easterly line of Warner Road,658.52 feet; thence bear South 89 degrees 39 minutes and 12
seconds East,along the Northerly line of Warner Road,110.31 feet to a point;thence South 20 degrees
40 minutes and 20 seconds East,along the Easterly line of Warner Road for a distance of 60 feet;thence
South 89 degrees 39 minutes and 12 seconds East,for a distance of 300 feet to the Point of Beginning;
thence continue South 89 degrees 39 minutes and 12 seconds East, for a distance of 25 feet, more or
less,to the Mean High Water Line of Bogie Channel; thence Northwesterly along the said Mean High
Water Line for a distance of 87 feet, more or less,to a point that bears North 20 degrees 44 minutes
and 13 seconds West from the Point of Beginning;thence South 20 degrees 44 minutes and 13 seconds
East,for a distance of 60 feet back to the Point of Beginning.
DoubleTime®
•
Less and Except the following described parcel:
A parcel of land,part of Government Lot 4,Section 25,Township 66 South,Range 29 East,at Big Pine
Key,Monroe County,Florida,and being more particularly described by metes and bounds as follows:
Commencing at the center of Section 25,bear South 89 degrees 39 minutes and 12 seconds East 51.08
feet to the Easterly line of Warner Road;thence bear South 17 degrees 48 minutes and 50 seconds East,
along the Easterly line of Warner Road,658.52 feet; thence bear South 89 degrees 39 minutes and 12
seconds East,along the Northerly line of Warner Road,110.31 feet to a point;thence South 20 degrees
40 minutes and 20 seconds East,along the Easterly line of Warner Road for a distance of 60 feet;thence
South 89 degrees 39 minutes and 12 seconds East for a distance of 251.45 feet to the Point of Beginning;
thence North 17 degrees 15 minutes West for a distance of 2.50 feet ; thence North 72 degrees 45
minutes East, for a distance of 27.33 feet; thence South 17 degrees 15 minutes East, for a distance of
6.95 feet;thence North 72 degrees 45 minutes East,for a distance of 8.10 feet;thence South 17 degrees
15 minutes East,for a distance of 6.80 feet; thence North 89 degrees 39 minutes and 12 seconds West,
for a distance of 37.23 feet back to the Point of Beginning.
Together with a perpetual easement over the following described land:
A parcel of land,part of Government Lot 4,Section 25,Township 66 South,Range 29 East,at Big Pine
Key,Monroe County,Florida,and being more particularly described by metes and bounds as follows:
Commencing at the center of Section 25,bear South 89 degrees 39 minutes and 12 seconds East 51.08
feet to the Easterly line of Warner Road;thence bear South 17 degrees 48 minutes and 50 seconds East,
along the Easterly line of Warner Road,658.52 feet; thence bear South 89 degrees 39 minutes and 12
seconds East,along the Northerly line of Warner Road,110.31 feet to a point;thence South 20 degrees
40 minutes and 20 seconds East,along the Easterly line of Warner Road for a distance of 60 feet;thence
South 89 degrees 39 minutes and 12 seconds East for a distance of 248.3 feet to the Point of Beginning;
thence North 17 degrees 15 minutes West for a distance of 4.54 feet ; thence North 72 degrees 45
minutes East, for a distance of 33.33 feet; thence South 17 degrees 15 minutes East, for a distance of
6.95 feet;thence North 72 degrees 45 minutes East,for a distance of 8.10 feet;thence South 17 degrees
15 minutes East,for a distance of 10.82 feet;thence North 89 degrees 39 minutes and 12 seconds West,
for a distance of 3.15, thence North 17 degrees 15 minutes West, for a distance of 6.80 feet; thence
South 72 degrees 45 minutes West, for a distance of 8.10 feet; thence North 17 degrees 15 minutes
West,for a distance of 6.85 feet;thence South 72 degrees 45 minutes West,for a distance of 27.33 feet;
thence South 17 degrees 15 minutes East,for a distance of 2.50 feet;thence North 89 degrees 39 minutes
and 12 seconds West,for a distance of 3.15 feet back to the Point of Beginning.
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.
and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons
whomsoever.
*"Grantor"and"Grantee"are used for singular or plural,as context requires.
Warranty Deed(Statutory Form)-Page 2 DoubleTime®
In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed,sealed and delivered in our presence:
(Seal)
Witness Name: Mark Weinberg
yn
1
Witness Name:
State of Florida
County of Monroe
The fo a oing instrument was acknowledged before me by means of[X] physical presence or [J online notarization, this
arg lAy of October, 2022 by Mark Weinberg, who [_] is personally known or 0 has produced a driver's license as
identification.
aVt il ie C Q—Z.itk„. _)
[Notary Seal] 1 Notary Public
, q,A,YPp,c DANYELCLYNES
• *' * MY COMMISSION#GG 351234
,��.�v� EXPIRES:November 3,2023 Printed Name: Danyel Clynes
is, '',FC �4°;
� C!F F�,,� Bonded Thru Notary Public Underwriters
=- My Commission Expires: 1 I I •3 I
Warranty Deed(Statutory Form)-Page 3 DoubleTime®
In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
�� #4,-6 (Seal)
Witnes Name: Danyel Clyne einberg
Witnessame:
1 \'t DO W
State of Florida
County of Monroe
The foregoing instrument was acknowledged before me by means of[X] physical presence or L] online notarization, this
cal-0-day of October, 2022 by Michelle Weinberg, who L] is personally known or N has produced a driver's license as
identification.
ak-, _.Q.. QS).-k—,
[Notary Seal] Notary Public
o Y" ; DANYEL CLYNES Printed Name: Donyel Clynes
* . L * MY COMMISSION#GG 351234
. t :; EXPIRES:November 3,2023 \1 13\a 3
f;2.f�°Q Bonded Thru Notary Public Underwriters My Commission Expires: ,
Warranty Deed(Statutory Form)-Page 4 DoubleTime
Return to: Doc##2396052 Bk#3199 Pg#1677
The Law Office of Anthony J.Barrows Recorded 10/31/2022 10:37 AM Page 1 of 8
540 Key Deer Blvd
Big Pine Key,FL 33043 Filed and Recorded in Official Records of
305-872-1050
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 17st day of August, 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: See Attachment A: Legal Description.
RE#: 00110810-000200
Address: 31551 Warner Street,Big Pine Key, Florida 33043
conveyed by the Deed between Mark Weinberg and Michelle Weinberg, 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 l.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
By:
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As�Dputy Cler David Rice,Mayor
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James D. Mo naar
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DECLARATION OF RESTRICTIVE COVENANT RUNNING WITH THE LAND
AND DECLARATION OF RESTRICTION ON FUTURE DEVELOPMENT
ATTACHMENT A: LEGAL DESCRIPTION
Parcel 1:
A parcel of land, Part of Government Lot 4,Section 25,Township 66 South, Range 29 East,at Big Pine Key,Monroe
County,Florida,being more particularly described by metes and bounds as follows:
Commencing at the center of Section 25, bear South 89 degrees 39 minutes and 12 seconds East 51.08 feet to the
Easterly line of Warner Road;thence bear South 17 degrees 48 minutes and 50 seconds East,along the Easterly line of
Warner Road,658.52 feet;thence bear South 89 degrees 39 minutes and 12 seconds East,along the Northerly line of
Warner Road, 110.31 feet to the Point of Beginning of the parcel of land herein being described;thence continue South
89 degrees 39 minutes and 12 seconds East, 300 feet to a point; thence run South 20 degrees 44 minutes and 13
seconds East, 60 feet to a point;thence run North 89 degrees 39 minutes and 12 seconds West,300 feet to a point on
the Easterly line of Warner Road;thence North 20 degrees 40 minutes and 20 seconds West,60 feet back to the Point
of Beginning.
Parcel 2
A parcel of land,part of Government Lot 4, Section 25,Township 66 South, Range 29 East,at Big Pine Key,Monroe
County,Florida,and being more particularly described by metes and bounds as follows:
Commencing at the center of Section 25, bear South 89 degrees 39 minutes and 12 seconds East 51.08 feet to the
Easterly line of Warner Road;thence bear South 17 degrees 48 minutes and 50 seconds East,along the Easterly line of
Warner Road, 658.52 feet;thence bear South 89 degrees 39 minutes and 12 seconds East, along the Northerly line of
Warner Road, 110.31 feet to a point;thence South 20 degrees 40 minutes and 20 seconds East,along the Easterly line
of Warner Road for a distance of 60 feet; thence South 89 degrees 39 minutes and 12 seconds East, for a distance of
300 feet to the Point of Beginning;thence continue South 89 degrees 39 minutes and 12 seconds East,for a distance of
25 feet,more or less,to the Mean High Water Line of Bogie Channel;thence Northwesterly along the said Mean High
Water Line for a distance of 87 feet, more or less, to a point that bears North 20 degrees 44 minutes and 13 seconds
West from the Point of Beginning;thence South 20 degrees 44 minutes and 13 seconds East, for a distance of 60 feet
back to the Point of Beginning.
Less and Except the following described parcel:
A parcel of land,part of Government Lot 4, Section 25, Township 66 South,Range 29 East,at Big Pine Key, Monroe
County,Florida,and being more particularly described by metes and bounds as follows:
Commencing at the center of Section 25, bear South 89 degrees 39 minutes and 12 seconds East 51.08 feet to the
Easterly line of Warner Road;thence bear South 17 degrees 48 minutes and 50 seconds East,along the Easterly line of
Warner Road, 658.52 feet;thence bear South 89 degrees 39 minutes and 12 seconds East, along the Northerly line of
Warner Road, 110.31 feet to a point;thence South 20 degrees 40 minutes and 20 seconds East,along the Easterly line
of Warner Road for a distance of 60 feet; thence South 89 degrees 39 minutes and 12 seconds East for a distance of
251.45 feet to the Point of Beginning; thence North 17 degrees 15 minutes West for a distance of 2.50 feet ; thence
North 72 degrees 45 minutes East,for a distance of 27.33 feet;thence South 17 degrees 15 minutes East,for a distance
of 6.95 feet;thence North 72 degrees 45 minutes East, for a distance of 8.10 feet;thence South 17 degrees 15 minutes
East, for a distance of 6.80 feet;thence North 89 degrees 39 minutes and 12 seconds West,for a distance of 37.23 feet
back to the Point of Beginning.
Together with a perpetual easement over the following described land:
A parcel of land,part of Government Lot 4, Section 25,Township 66 South, Range 29 East,at Big Pine Key, Monroe
County,Florida,and being more particularly described by metes and bounds as follows:
Commencing at the center of Section 25, bear South 89 degrees 39 minutes and 12 seconds East 51.08 feet to the
Easterly line of Warner Road;thence bear South 17 degrees 48 minutes and 50 seconds East,along the Easterly line of
Warner Road, 658.52 feet; thence bear South 89 degrees 39 minutes and 12 seconds East,along the Northerly line of
Warner Road, 110.31 feet to a point;thence South 20 degrees 40 minutes and 20 seconds East, along the Easterly line
of Warner Road for a distance of 60 feet; thence South 89 degrees 39 minutes and 12 seconds East for a distance of
248.3 feet to the Point of Beginning; thence North 17 degrees 15 minutes West for a distance of 4.54 feet ; thence
$ North 72 degrees 45 minutes East,for a distance of 33.33 feet;thence South 17 degrees 15 minutes East,for a distance
of 6.95 feet;thence North 72 degrees 45 minutes East, for a distance of 8.10 feet;thence South 17 degrees 15 minutes
East, for a distance of 10.82 feet; thence North 89 degrees 39 minutes and 12 seconds West, for a distance of 3.15,
thence North 17 degrees 15 minutes West,for a distance of 6.80 feet;thence South 72 degrees 45 minutes West, for a
distance of 8.10 feet;thence North 17 degrees 15 minutes West,for a distance of 6.85 feet;thence South 72 degrees 45
minutes West,for a distance of 27.33 feet;thence South 17 degrees 15 minutes East,for a distance of 2.50 feet;thence
North 89 degrees 39 minutes and 12 seconds West,for a distance of 3.15 feet back to the Point of Beginning.
Exhibit C
ROGO Exemption Letter
County of Monroe
Planning&Environmental Resources
Board of County Commissioners
Department Lirt 2; Mayor George Neugent,District 2
2798 Overseas Highway,Suite 410 ^4`- Mayor Pro Tern David Rice,Dist.4
Marathon,FL 33050 Heather Carruthers,District 3
Voice: (305)289-2500 i= Danny L.Kolhage,District 1
FAX: (305)289-2536 r`\ Sylvia J.Murphy,District 5
We strive to be caring,professional and fair
October 30, 2017
Kathryn Yates
31551 Warner Street
Big Pine Key, FL 33043
RE: ROGO Exemption Request File #2017-R077 for property located at 31551 Warner Street,
Big Pine Key, legally described as a parcel of land, part of Government Lot 4, Section 25,
Township 66 South, Range 29 East, at Big Pine Key, Monroe County, Florida having Real
Estate Number 00110810-000200
Ms. Yates:
You requested a determination as to whether one (1) residential dwelling unit(s) is 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(s) supporting the existence of the structure(s) and
its use(s) on or about July 13, 1992:
No County permits for the subject property could be located at the time of review.
ROGO Exemption Request File#2017-R077,31551 Warner St,Big Pine Key Page 1 of 3
(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 1982 to 2016. One (1) building, with a year built date of 1949, is currently attributed to the
property. In addition, the property received a homestead exemption from 1991 to 2016.
Documentation from the Monroe County Property Appraiser's Office indicates residential use of
the subject property on or about July 13, 1992.
(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 from 1981 to 2015 confirms the continuous existence of a structure on the
property. As a note, aerial photography can only confirm the number of structures, not the number
of dwelling units, in existence at any given time.
(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. Residential county directory entries on or about July 13, 1992 did not support the
residential use of the subject property.
(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.
(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 records indicate that residential electric service was provided from 1980 to
September 25, 2017 to one meter on the subject property. (Note: Water and or electric service may
have been provided at other times; however, records stating such were not provided.)
Documentation from the utility providers indicates residential service to one meter on or about July
13, 1992.
(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 the Suburban
Residential (SR) Land Use District, in which a detached residential dwelling is a permitted use.
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.
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.
ROGO Exemption Request File#2017-R077,31551 Warner St,Big Pine Key Page 2 of 3
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.
Sincerely,
Devin Tolpin, Planner
ROGO Exemption Request File#2017-R077,31551 Warner St,Big Pine Key Page 3 of 3