Assignment of Development Rights orrt e5h •
ePNitecorded Electronically : ePN.Re orded.Electron ally
County
tM .
CountyIA&
Date Li is Data ll" _
Prepared by and return to: ? Time (: ryi Time •
Gregory S.Oropeza,Esq.
Oropeza,Stones&Cardenas,:PLLC
221 Simonton Street
Key.West;Florida 33040 Note to Recording: This Assignment is being rerecorded to.add
305.294.0252.
a missing.exhibit..
ASSIGNMENT OF.DEVELOPMENT RIGHTS
THIS ASSIGNMENT.OF DEVELOPMENT RIGHTS("Assignment'.').is entered into this
day of 2023 by and between, MONROE'.COUNTY COMPREHENSIVE.PLAN
LAND AUTHORITY, a land authority.under.section380.0663(1), .Florida Statutes, and Monroe,County
Ordinance Number 031-1986 ("MCLA") and MONROE COUNTY, FLORIDA, a.political subdivision of
the state of Florida("Monroe County".)and as to the following:
WHEREAS MCLA owns.the:real property located.at 148.Palmetto.Avenue, Big Pine Key;Florida
33043,.Parcel Identification:Number 00256790-000000 arid more particularly:described as::
Lots 15.and 16,Block 3,Big Pine Key, Inc.;according to the map or plat thereof, as
recorded in PIat Book 5, Page 4,-of.the:Public Records of Monroe County, Florida
(hereinafter referred to as the"Sender Site"):
and . . . .
WHEREAS pursuant to the ROGO Exemption Request File #2018-R028, with approval .letter.
dated February 22; 2018,'a copy of which is hereby attached to and incorporated herein as.Exhibit "A"the
Sender Site has a total of one(1)Rate of Growth( ROGO )market rate residential allocation;and
WHEREAS.Monroe County owns that certain real property,located at 190 Sands:Road,:Big,Pine
Key, :Florida: 330:43,: Parcel: Identification: Number: 00300180-000100 .collectively: more, particularly
described as:
Lot 1, Block:2,:Sam-N-Joe Subdivision, according to the map or plat thereof; as
recorded in Plat Book 3;Page 76,of the.Public Records of Monroe County,Florida.
(the"Receiver ver site) . .
and..
WHEREAS MCLA desires to:assign one (1) ROGO allocation to Monroe County in accordance
with Monroe.County Minor Conditional Use Permit Development Order.No: 04-23 approving the transfer
of:the ROGO. allocation from.the:Sender.Site.to the.Receiver Site,yMonroe County:Resolution 040-2023,
and MCLA Resolution 05-2023:.
NOW, THEREFORE, Monroe:County:for good and valuable consideration,:the sufficiency:of
which is acknowledged hereby agrees as follows: •
MCLA hereby transfers, conveys and assigns, all rights, title and interest to the one(1) market rate
ROGO allocation as evidenced by ROGO Exemption.Request File#2018-R028 with approval letter dated
,
February 22, 2018, attached hereto and incorporated herein as Exhibit "A" to Monroe County. Monroe
County and MCLA agree that this Assignment shall be deemed a covenant running with the land and shall
inure to and shall be binding upon all successors,assigns, mortgagees, and lessees.
IN WITNESS WHEREOF, MCLA has caused these presents to be executed this Mikii
2023.
Signed,Sealed and Delivered in the presence of:
Monroe County Comprehensive Plan Land
Authority, a land authority under section
380.0663(1),Florida Statutes
By:
David Rice,Chairman
Approved for form and legal sufficiency
Gregory S. Oropeza,Esq.
STAl'E OF FLORIDA
COUNTY OF MONROE:
The foregoing instrument was acknowledged before me by means of _physical presence this 141'ay of
, 2023 by David P. Rice as Chairman of the MONROE COUNTY COMPREHENSIVE PLAN
LAND THORITY, who (_ is personally known to me or(_)has produced
as identification.
4,011
NOTARY SEAL: NOTARY PUBLIC
Asn Ge"JAN
; "° •, DINAGAMBUZZA
:*. ,i MY COMMISSION#GG 336333
Q$ EXPIRES:September 17,2023
"figs FLOC` Bonded Thru Notary Public Underwriters
EX
•
HIBIT A .
County of Monroe
lna''&,�gnvtLonmentai Resourcao /.. .o•, ,PIA--ne !Board of CouatY CommissiaasnrDepartmentMayor David Rice,District
. 2798 Overseas Highway,'Suite 410 Mayor Pro Tern Sylvia J.Murphy,Dist.5
Marathon;FL 33050. :'., ," € ,..,.
�-�r .r-. ,� ,. ,. � .Danny L.Kolhage,District 1.
Voice: (305)289-2500 • ',Till':_.E ., .
�, ��,.;. George Neugent;�District 2
FAX (305)289-253b'
r
Heather Caruthers,District 3
We strive to be caring,professional and fair February 22,2018
•
e-mail: .gjsuarez1932 a'Igmail.com:.
Gilbert&Cheryl Suarez
10933.NW 12th.Manor
Coral.Springs,.FL 33071.
RE. ROGO Exemption Request (File:#2018-R028)'for property located at 148-Palmetto Ave,
Big Pine.Ke Lots 15& 16,Big Pine Inc.,real estate number 00256790-000000
Mr:&Mrs.Suarez:'
You requested a determination as to.whether one (1).residential-dwelling unit'is exempt from the
Residential Rate.of Growth-Ordinance(ROOD)on the above-described premises.
Pursuant to Section. 13 8.-22. of.the.Monroe County Land Development-Code,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 a .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 ROOD 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:
Building permit no..88100769, issued.4/28/.1988 for the single-family residence and-Certificate of
Occupancy issued.2/8/1:989 confirm the existence.of.the dwelling.unit'and its use 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 permits)supporting the existence of the structures).and
its.uses)on or about July 13,.1992:
The•following table'organizes relevant building permits by date issued;
.Permit No. Date Issued .. r,escrlpt omf . ,
: 17104692. .7/24/2017 AC Replacement.
09105161 .. 12/30/2009 •.Replace kitchen cabinets
07100196: 1/29/2007.• Demo for:FEMA Compliance'
.06106553 : 11/17/2006.. FEMA Inspection
ROGQ.Exemption Request-File#[2018-R028],148 Palmetto Ave,Big Pine Key Page 1 of 3
Permit No., Date Issued:, Description
99101709 6/9/1999 Re-roof
89100872 4/14/1989 Fence
88102342 : 12/5/1988 Installation central AC
88101977 10/13/1988 Enclosure.
88101631 8/22/1988 Concrete slab
88100769 4/28/1988 Single-Family on Lot 15
Countypermits support the existence of the structure(s) and its residential use(s) on or about July
PP O Y
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:.
One (1) building,with a year built date of 1989, is currently attributed to the.property. In addition,
the property received a homestead exemption from 1990 to 2017. . .
County Property.Appraiser's documentation indicates residential use 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 1995 to 2017 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 not reviewed by Planning Department staff
(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:
Utility records were not provided for review. (Note; Water and or electric service may have been
provided at other times; however,records stating such were not provided.),
8 .Similar.su supporting documentation not listed above as determined suitable b -the planning director.:
�) pp $
y p g
Land Use (Zoning).District:. From 1986 to present, the property is located. in .an .Improved.
Subdivision(IS), in which a detached residential dwelling is'a permitted use. Pre-1986 zoning was
RU-1.
Based on a review of the records, the Planning .& Environmental Resources Department has
determined that one (1) dwelling unit is lawfully-established on Lot 15 and its replacement would
thereby be exempt from the ROGO permit allocation system.
ROGO Exemption Request File# 2018=R028 148 Palmetto Ave,BigPine KeyPage 2 of 3
P 9 i ]� 1; g
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 e Planning.& 'ronmental Resources Department at(305)289-2500:
•
Sincere
tff. `: . 1 iewicz . .
'Development Administrator
ROGO.Exemption Request.File#[2018=R0281, 148 Palmetto Ave,Big Pine Key. Page 3 of 3