Restrictive Covenant 8/17/2022 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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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