Restrictive Covenant 11/15/2022 Return to: Doc#2400589 Bk#3204 Pg#2296
The Law Office of Anthony J.Barrows Recorded 12;15/2022 10:22 AM Page 1 of 5
540 Key Deer Blvd
Big Pine Key,FL 33043 Filed and Recorded in Official Records of
305-872-1050 I MONROE COUNTY KEV LN 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 th day of
novie,mbe,r , 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 tract of land in "LONG BEACH ESTATES, SECTION B" and being
more particularly described by metes and bounds as follows:
COMMENCING at the Northwest Corner of Lot 24 of "LONG BEACH
ESTATES, SECTION A" as recorded in Plat Book 5,page 38 of the Public
Records of Monroe County, Florida, said Corner being on a curve having a
central angle of 26 degrees and 45 minutes and a radius of 550 feet, bear
Westerly along said curve and deflecting to the right, 182.93 feet to a Point
of Tangent; thence bear South 82 degrees and 00 minutes West, 1,676.11
feet to a point of curve, said curve having a central angle of 11 degrees and
11 minutes and a radius of 950 feet; thence along said curve in a Westerly
direction and deflecting to the left 133.89 feet to the POINT OF
BEGINNING of the tract of land hereinafter described; from said POINT
OF BEGINNING continue bearing along said curve in a Westerly direction
and deflecting to the left, 51.54 feet to a Point of Tangent;thence bear South
70 degrees and 49 minutes West, 48.46 feet; thence bear South 19 degrees
and 11 minutes East, 180 feet, more or less,to the shoreline of the Atlantic
Ocean; thence meander the shoreline of the Atlantic Ocean in an Easterly
direction for a distance of 100 feet, more or less to a point which in bearing
South 16 degrees 04 minutes and 30 seconds East from the POINT OF
BEGINNING; thence bear North 16 degrees 04 minutes and 30 seconds
West, 214 feet, more or less, back to the POINT OF BEGINNING. The
aforesaid description covers Lot 21 in Section B, of an unrecorded Plat to
be recorded in the future.
RE#: 00112340-000900
Address: 1811 Long Beach Drive, Big Pine Key, Florida 33043
conveyed by the Deed between Harry J. Appel and Jennifer Demaria, 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 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
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A=-Rgiltµ .11 - = MONROE COUNTY ATTORNEY
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JAMES MO ENAAR
ASSISTANT co TY TTORNEY
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