Covenant of Unity of Title & Restrictions Doc#2423171 Bk#3231 Pg#2395 Electronically Recorded 6/27/2023 at 3:18 PM Pages 15
Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK
ElectronicallyREC: 5129.00
Prepared by/Return to:
Gregory S.Oropeza,Esq.
Oropeza Stones Cardenas
221 Simonton Street
Key West,FL 33040
----------------------------- Space Above'l his Line For Recording----------------------------
COVENANT OF UNrry OF TITLE AND RESTRICTION ON HJURE
DEVELOPMENT AND/QR CONVEYANCES
THIS 1,1NITY OFTITLE S11ALL 131"," INCORPOl'tA"FED IN WHOLE M'd)
REFERENCED 131" OFFICIAL RECOI�D BOOK AN[) PAGE, NUNUIER AND
ON AI.J., TRANSFE'RS OF "HIE BE1,0W I)ESCRIBE'D
REAL PR01"E111"Y.
WHEREAS,this L)nily 017'1"itlfw is granted this day of ------------------------1—,2023, by Randy
hidden and Ana Whidden, as husband and wife, (hereinafter "Grantor(s)"), to Monroe COUnly, a political
subdivision ofthe State of Florida(hereirrafter"Cyranot e"),whose address is 1100 Simonton Street,Key West,Florida
33040;raid
WHEREAS,the undersigned Grantor(s),is/are the soic fee simple title owner(s)of the certain below-described real
property(hereinafter"Primary Parcel")that is currently developed with one rcsidcntiad d'oVelfilIg Urlit arid is located
6`1 MMR)e COLUIty, F]orida.,having a iega9 description as fWlows mid which is shown on attak.-Iled Exhibit"A,"which
is hereby incorporated as if fully stated here,,in:
Parcel Address. 31040 Avenue F B I v Pine K( VL 33043 Approximate Mile Marker:31
Parcel(s)/Lot(s). 15 Block- 37
Subdivision: Sands JEB 1±5
Key: 1377317 -Plat Book: I Page- 65
Real Estate Number(s):_ 00305250-000000
WHEREAS,the undersigned Grantor(s),is/are the sole fee simple title owner(s)of the certain below-described real
property(hereinatler"Secondary Parcel")that is not currently developed with a residential dwelling unit or any other
ha ail able spiwe and is located in Monr(T COUnty, Florida,having a legal description as follows and which is shown
on attached Exhibit"[I,"which is hereby incorporated as if fuily Stated herein-
Parcel Address: 31041)Avenue_F Big Pine KeL F1,IL30,13 Approximate Mile Marker:31
Parccl(s)/Lot(s): 16 -Block: 37
Subdivision- Saunds
Key: 1377317 Plat Book- I :: I I i�g e, 65
Real Estate Number(s):_ 00305250-000000
WHEREAS, Grantee is a general purpose political subdivision of the.State offlorida and is authorized to regLllatC
and control tile USC Off'eal projnm-ty through the Monroe County Consprehensive Plan arid the Monroe County Code(s)
to protect the public,health,safisty,and welfi,.n-e,and
Doc.4 2423171 Page Number:2 of 15
WHEREAS,the Primary Parcel and Secondary Parcel are subJect to the.jurisdiction and requirements of the Monroe
County Cornprehensive Plan and the Monroe County Code(s),-and
WHEREAS, this Unity of Title encumbers the Primary Parcel and Secondary Parcel (hereinafter collectively
"U.nified Parcel");and
WHEREAS,Grantor(s)hereby attest(s)his/her/its/their recognition that this Unity of Title does not allow the Unified
Parcel to be divided into separate parcels;and
WHEREAS, (irantor(s) hereby attest(s) his/her/its/their recognition that the 1Jnified Parcel shall hereafter
exclusively be considered as one(1) parcel of land,and that no portion of said Parcel of land may hereafter be sold,
transferred,devised,or assigned separately,except in its entirety as one(1)parcel of]and;and
WHEREAS, Grantor(s) hereby attest(s) his/her/its/their recognition that in granting this Unity of Title, Grantor
ackDowledges and accepts the condition hereafter Inniting development to one principal use(residential)structure on
the Unified Parcel;and
WHERE'AS,the consent of all inotigagee(s)and hoider(s)of any all other encuinbrance(s)of or otherwise upon the
Unified Parcel is attached as Exhibit(s)"A"and"B." If no such consent is attached hereto,the undersigned Grantor
(s),hereby attest(s)to Grantee that no such mortgage(s)and that no such other encumbrance(s)exist(s);and
WHEREAS, this Unity of Tide is granted in consideration of payment in the arnoUDt of'Twenty-Two Thousand,
Y'ive Hundred and 00/100 dollars($22,500,00)by Grantee to Grantor;and
WHEREAS, the undersigned Grantor(s) and Grantee hereby attest that such County payment in consideration
was/were given pursuant to this Unity of Title,and that this Unity of Title,together with its restrictions, conditions,
and limitations on Suture residential structure development are supported by good and valuable consideration;and
WHERE AS,this T.Jnity of Title does not discharge,exempt,waive,or otherwise release the undersigned Grantor(s),
tenant(s) thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned
(Irrantor(s),or tenant(s)thereto,from their duty to obtain required federal,state,County,and local approval(s)for any
future construction of accessory structures or establishment of uses UPoT.j flW'Unified Parcel; and
NOW, THEREFORE, as in inducement: to Grantee for and in consideration of Grantee's payment ot'good and
adequate consideration, the adequacy, sufficiency, and receipt of'which. are, hereby expressly acknowledged and
attested to, the undersigned Grantor(s)hereby grants,creates,arid establishes a Covenant of Unity of Title for and in
favor of Grantee upon the ahoVre legally described Unified Parcel which shall run with the land and be binding upon
the undersigned Grantor(s), and tenant(s)thereto, and shall remain in fid] force and effect forever, and Grantor(s)
declare(s)and grant(s)as follows:
1) Recitals.The foregoing recitals are true and correct and are hereby incorporated as if fully stated herein,
2) Restriction on 1) Notwithstanding the general pens ritteAl density,this Unity of Title:
A. limits the total density ofthe thiffled Parcel to one residential dwelling unit;and
B, retires all other density and prohibits the transfer of density;and
C, prohibits new accessory structures providing habitable space on the Unified Parcel;and
Doc.4 2423171 Page Number:3 of 15
D. does not prohibit accessory uses and non-habitable accessory structures on the Unified Parcel;and
E. does not prohibit additions to the one lawflilly established existing residential unit.
Habitable space means any structure equipped f6r human habitation such as, but not limited to, (,)ffice, workshop,
kitchen, dining, living, lawidry, bathroom, bedroon.'i, den, family or recreational roorn; professional studio or,
commercial occupancy including all interior hallways, corridors, stairways and foyers connecting these areas.
Garages,exterior stairs and open(leeks and patios are not considered habitable structures.
3) Prohibition of Parcel Division.This Unity of Title prohibits the Unifted.Parcel from being divided into separate
parcels,subdivided,re-subdivided,platted,re-platted,or conveyed as separate parcels or transferred as separate
parcels regardless of whether owned by single or multiple owners.
4) Restriction on Co!LyfyL.nce. The Unified Parcel as set forth snore particularly in Exhibit "C" shall hereafter
exclusively be considerc.d as one(1)parcel of land, and that no portion of said parcel of land rnay hereafter be
sold,transferred, devised, pledged, encumbered or assigned separately,except in its entirety as one(1)pareel of
land,
5) Monroe CounLy_PrOp girt X Agpi-diser.Records, Simultaneously with execution of this covenant of Unity of
Title,Grantor shall make application with the Monroe County Property Appraiser to combine the Primary Parcel
and Secondary Parcel under this 1-linty of"Fifle as a single real estate parcel for tax roll purposes,
6) No Conflicts.'rhe undersigned Grantor(s)hereby covenant(s)with Grantee that Grantor(s)is/are lawfUlly seized
7of I.Te Unified Parcel in fee simple free and clear,of all encumbrances that are inconsistent with the ter1ris of and
exhibits attached to this Unit),of"fitle,and fully attest(s),waiTant(s),and defend(s)the title to and interest in the
Unity of Title hereby conveyed against the lawful claims of`all persons whomsoever.
7) P L Retual D!Lratio%. This Unity of"Title is intended to benefit, run with the land in favor of,and shall inure to
_ _
Grantee,Monroe County,Florida.
8) Bin d.nL, FffecL I'lle undersigned Grantor(s), and the personal representative(s), heir(s), assign(s), and
successor(s)in title of the undersigned Grantor(s),shall pay all taxes,assessments,fees,and ebarges of whatever
description levied upon or assessed by competent authority on the Unified Parcel therein before, delinquency,
shall keep such levies and assessments current,and shall not allow arry lien(s)on the Unified Parcel superior to
this Unity of"Title, In the event of failure to so disallow such lien(s),to extinguish such lien(s),and/or to obtain
subordination of inch lien(s)to this Unity of Title,in addition to any other rernedy,the darnage(s)and/or debt(s)
owed to Grantee shall constitute a Tien against the Unified Parcel which sliall automatically relate back to the
recording date of this Unity of"fitle.
9) Construction and IntLr2retation, The constniction and interpretation of'sueb,and all other, Monroe County
Comprehensive Plan provision(s)and Monroe County Cbde(s)provision(s)shall be construed in favor of'Grantee
and such construction and interpretation shall be entitled to great weight on trial and on appeal,
10)Lleeoi lation AmMdment Modification or Release,
A. The undersigned Grantor(s)here-by agree to the recording of the Unity of Title together with all appropriate
and required Joinder(s)with the Clerk of the Circuit Court of Monroe County and agree to the re-recording
of said documents at any tune Gyrairtee may require to preserve its(Grantee's)lights.
B. No arnendinent or modification to this unity orritle is effective unless agreed to in writing by both Grantee
and the undersigned Granter('s)and filed,together with all appropriate and required Joinder(s),with the Clerk
of Circuit Court of'Monroe County for recording in the Official Records ol'Monroc County, Florida,
Doc.4 2423171 Page Number:4 of 15
This Unity rnay riot be rescinded,, voided,or released unless and unffl the Monroe County Board of
County Cominissioners (hereinafter "BOCC") approves such rescission, voidance, or release by BOCC
Resolutioir,
l i)Su se(Luent Referen Re girement.
A. The undersigned Grantoz(s), tertara(s) thereto, the pea'sonal representative(s), heir(s), assign(s), and
Successor(s) in title of the,undersigrwd Grantor(s), and teriant(s)thereto,hereby agreeds)to and shaH subluit
as copy ofthis filed and recorded Unhy ofTide together with(shnultaneously in date arid flifle with)all fillure
development applications re Wing to the Unified Parcel, Such subinission by the undersigned (Jrantor(s),
teriant(s)thereto,the personal represcritative(s),herr(s),assign(s),and successor(s)in tith,of undersigned
Granlor(s), and teriant(s) thereto, sliall be to the agency(ies), departnient(s), and office(s) in receipt of`car
otherwise receiving such devekipment appFication(s). This requirenrent is norr-exclusive to Monroe CoulAy
agencies,departments,and offices,and is to be construed as inclusive of A reviewing federal,state,Monroe
COU11ty, and local agencies,departnients, and offices in receipt of or otherwise receiving such development
application(s),such that the undersigned Grantor(s),tenant(s)thereto,the personal representative(s),heir(s),
assign(s). and successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, must so
shimitaneously furnish a copy of this filed and recorded Unhy ol"Fifle to any and all federal and state,Monroe
County,and local agencies, departnients,and offices in receipt of or otherwise receiving such developi-nerit
application(s).
B. The undersigned Grantor(s), teriant(s), thereto, tic personal reprosentative(s), heir(s), assign(s), and
successor(s)in title of the undersigned Grantor(s),and tenanbs)hereto,shall reference this Unfty of'T ide and
all previously executed and rec.orded restrictions in any filtUre instrument conveying,title to or ail interest in
the Unified ParM,including the recoi ding book and page nUniber(s)and docurnem nUniberts)of this I Mity
ot"Fifle arid all Previously executed and recorded restrictions,
G2) Ioiiit-and-SevelaL_.Lial)ility. If the L"idersigned Grantor(s), tenant(s) thereto, the personal representative(s),
heir(s), assign(s), arid successor(s) in title of the undersigned (.3yrantor(s), tenanl(s), thereto, c.�a- any other non-
County natural person(s)or legal person(s)are party(res)to any suit, action,or proceeding, in law or in equity,
initiated, cross-initiated, counter-initiated, or filed by the County to enforce miy provision(s), reso,iction(s), or
terni(s)contained herein,arid c.onsist(s)of niore than one person(s)or entity(ies),such person(s)and entity(ies)
shall be jointly and severally liable,
l 3) Nqn-AssijMabffltv.This Unity of"Fitle shall not be assignable by the undersigned Grantor(s),tenant(s),thereto,
the personai representafive(s),, heir(s),assign(s),or successor(s)in title ofthe undersigned Grantor(s),teriant(s),
t1wreto,or,any other non-(",ounty party with title to or an interest in the Unified Parcel,LiffleSS SUCh assipnMent is
first approved by Monroe County BBC C Resolution.
14)Notice and Service of Process,
A Notice—To Grantee. All n(,rtices,consents,approvals,or other corrunurrications to irantee hereunder shall
be in writing and shall be deenied properly served ifsent by LJ.S,Postal Servkx Certified Mail,return reccipt
requested,in the following for,and address:
Mormle County Planning&Frivironniental Resources Departrrrc,nt
Min: Senior Director
Subject. Unity of"Fitle
2798 Overseas Highway
Marathon, FL 33050
Doc.4 2423171 Page Number:5 of 15
And with at copy to:
Monroe County AtIorney's Office
SubJect: [Jnity of Title
I I 11 12"'Street, Suite 408
Key West, FL 33040
15)I!LsLmte- Resolution — Meet-and-CojitLer_lllre.re(Luiy,,ite. The undersigned Grantor(s), renaril(s) thereto, the
personat representative(s), heir(s), assign(s). or successorts) in the title of the undersigned (.lranter(sf and
tenant(s) thereto, hereby agree(s)that as a first condition precedent to hisJwr/its/fl,wh-initiation elf Arfigation or
adversarial adininistrative proceedings against the County in the form of a,suit or action arising out of redated to,
or in connection with this Unity of Title;,shall first,prior to the iniflation of such suit or action,attenipt to resolve
their disputc(s) and disagreet-nerit(s) by as rn ect-and-con fer session between hi on sel f/hersel 6them selves and
Monroe County Planiving & Environtnental Resources Department staff'and counsel of the Monroe County
Planning& Environmental Resources Department. Ifito resolution can be agreed upon within thirty (30)days,
after occurrence offlie aforesaid ineet-aired-confer session,such issue(s)shall next as as second condition precedent
to the initiation of such suit or action, be discussed at a public rneeting of the Monroe County BOCV occurring
in the sante geographic stab-arena as the geographic location Of'SLICh Unity of-Fifle(i.e.. LIpper Keys Key Largo,
Middle Keys - Marathon,tower-Keys -Key West). The undersigned Grantor(s),tenant(s)therelo,the personal
representative(s), hearts), assign(s), or,successor(s) in title of the undersigned Grantor(s), and tenarn(s)thereto,
hereby agree(s) that in the event he/she/it/they so inifiotte such suil or action without satisfying both of these
conditions precedent to their initiation or litigation or adversarial adi-ninistrative proceedings against the C,ourfty,
that Clue County shall autorriaticaHy be entifled to an Order granting Grarace's Motion to Distniss and Florida
Statixte Sec. 57A05 (2015) Motion for Sanctions and Attorney's fee (or, al Cirantee's election (if applicable),
their Florida statriloty equivalent(s), Federal equivalent(s),or noti-Florida legal equrvaient(s)),
16) Limitation of(.,daubA it .
A. fit the event ofany litigation concerning the conditions.provisions,revisions.or terms of the (Jnity ofTitic,
Grantee,the undersigned Grantor(s), tenant(s)thereto, the personal representative(s), heir(s), assigri(s), and
successor(s)iii the title of the undersigned Orantor(s),and tenarit(s)thereto,hereby agree to expressly waive
and shalt be treated as having expressly waived the right tea a jury trial,
R The undersigned Grantor(s), tenant(s) thereto, the personaf representative(s), heir(s), assign(s), of,
SLICcessor(s)in title of the undersigned(.irantor(s),and teriant(s)thereto,hereby agree(s)that no charge(s)or
clahvi(s)shall be niade by it for any delay(s)or the effective date of this I.Jrfity of Title.
No Waiver. Grantee shail not be deerned to have waived any rights under this Unity ofTideg Unless such
7——
waiver has been giverr,within this instrument,both expressiy and speci-ficaUy.
D, No Personal LiAL)ifitI. The County expressly reserves and in no way shall be deenied to have waived for
itseif or for its officer(s), ernpk)yee(s), or agent(s), any sovereign, governmental, and any other similar
defense,ininiunity,exerription,or protection against any suit,caor se-of-2act ion,dernand,or fiabifity. Fullher,
no covenant, provision,or teat of this Unity cif"ride shall be deenred to be a coveriant car agreement of airy
officer,ernployee,or agent of the COL111ty in his or her individual capacity,and no officer,erriployee,Or agent
of the County shaH be liable persoriAy in this, Unity of Title or be subject to any personal Hability or
accountability by reason of thee execution of this fMity of"Fitle.
Doc.4 2423171 Page Number:6 of 15
E. Non-Reliance LvI'hird-Parties, No person(s)or entity(es)shall be enthled to My upon the terrns,or any
of thern,of this Lnnty of Tifle to enforce or aftenipt to enforce any third-party cWm(s)or entitlernent(s)to or
beneffi(s)ofany service(s),tertn(s),or prof arri(s)conternplated hereunder.
1'7) Enforcement.
A, Default Notice. In the event of breach or violation ofthe restrictions or ternis hereof by Grantor(s),tenant(s)
thereto.the personal representative(s),heir(s),assignis),or successor(s)in title ofthe undersigned Grantor(s),
or tenant(s) thereto, Grantee shall provide written "Notice of Default" or "Notice o' Violation" to such
breach(es)or violation(s)within thirty(30)days of receiving notice of such breach(es)or vioUion(s).
B, ('4gr0L)rjsL1lreaeh o!-Violation.
i, I.hicured breach(es) or violation(s), by the undersigned Grantor(s), tenant(s) thereto, the personal
representative(s), heir(s), assign(s), or successor(s) in title ofthe undersigned Grantor(s), or tenant(s)
thereto,ofthe terms of and restrictions imposed by this Unity ot-Thle shafl,WithOUI any additional notice
beyond this Unity ofTille's recordation,entitle(irantee to immediately suspend and/or rescind,without
Insbifity to Grantee, devch ptrnsnt applications,pending pertnits,approvals, and inspections,and issued
development order(s)contingent upon the effectiveness of this Unity of`Fille and Grantor(s)compliance
thereto, the compliance of tenant(s) thereto, the compliance ofthe personal representativc(s), heir(s),
assign(s),or successor(s) in title of the undersigned Grantor(s)thercir), .aid the compliance of tenant(s)
thereto, with tire ternis of this Unny ofTitle,applied for or those permus,approvals,and/or inspections
necessary to cure such breach(es) or violati(a)(S), SUCII Mewed breach(es) or violation(s) shall be
presunied to constitute breach(es)or vioWion(s)that is/are irreparable or irreversible in nature.
2. In the event of arty suit,action,or proceeding,in law or in equity,by the County to enforce flee restrictions
or terms contained herein,ifthe County prevails in any such stut,action,or proceeding,on trial or appeal,
the County shall be entitled to reasonable attorney's fees,including trial,appellate.,bankruptcy,and post-
judgernent costs and collection proceedings for the maintenance or del'anse Ofarly SUCII Suit, action, or
proceeding,to be paid by the losing party(ics)as fixed by the court. Anyjudgernent so rendered in f4vor
ofthe County in connection with any suit,action,or proceeding arising out of,related to,or in connection
with this f.inity it—rhic, shall bear intetest at the highest rate allows(]by law, The County rnziy recover
reasonable legal and professional fees attritwtable to the preparation,administration,and enforcement of
such suit, action, or proceeding, from any person(s) arid/or entity(ies) frorn or whore a dennind or
enforcement request is made, regardless of actual initiation of a suit, action, or proceeding. These
rernedies are in addition to any other renvedy,fine,or penalty which may be arpplicable under,including,
but not limited to,(Iuapters 162.373,and 403, Hori(Ja Statutes, and any other,aetion at law or in equity.
Grantee hereby agrees and the undersigned Grantor(s),tenant(s)thereto,the personal representative(s),
heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s), and lenara(s) thereto, hereby
a.-ree that suits, actions, and proceedings arising out of, related to, or in connection with this Unity of
Fitfe shall be in accordance with the f1orida Rules ot'('."ivjI procedure,
3 Curniflative Renwrlies. In the event of any breach or viotalion of the restrictions or terms contained
herein,Grantee shall,without liability to Grantee,have the right to proceed at la%v or in equity as may be
necessary to enforce corripHance with the restrictions or ternis hereof, to enjoin activities, construction,
maintenance, practices, repairs, and uses inconsistent with the restrictions or terryis hereof', and to
otherwise prevent the breach or violation of arty of there, to collect darnages, and both authorized and
entitled to enforce this Unity of'Fitle by emergency, preliminary, and permanent injunction, including
by ex parte motion and action for such in.junction(s), it being hereby expressly and specifically agreed
that Grantee has no adequate rernedy at law,or such other legal method as Grantee deems appropriate,
All rights and remedies accruing to the,County shall be assignable in whole or in part and be curnulative;
that is, the County rnay pursue such rights and remedies as the law and this Unity of Title afford it in
Doc.4 2423171 Page Number: 7 of 15
whatever order the COUnty desires end the law permits. The Cbunty's resort to any one law(s) and/or
rernedy(ies)in advance ofany other shall riot reSLdt in waiver or compromise ot'any other law(s)and/or
remedy(ics). The undersigned Grantor(s), temant(s) thereto, the personal represcrimfive(s), heir(s),
assign(s),or successor(s)in title of the undersigned Grantor(s),and tenant(s)thereto,hereby agree(s) to
and shail pay for call costs associated with Grarace's enforcement action(s).
4. Failure ol'tree Undersigned Grantor(s),tenant(s)t1wreto,the jwrsonal representative(s),heir(s),assigir(s),
or successor(s)in title of the undersigned Grantor(s),or terrant(s)thereto,to comply with or pet-form any
act required by or under this Unity of Title shali not impair the validity of this Lhiity of Tifle or the
conditions, provisions, reservadons, restrictions, rights, or terais hereof or litre their enforceability in
any way.
5. E iron eirient of the, conditions, provisions, restrictions, and ternis ofthis Unity ofTitie shall be at the:
discretion of the Grantee, Grantees deia. o r f,ailure to enforce or ortossion in tines e tilxercise of' any
y
condition, provision, reservation, restriction, right, or terni contained herein, however long Omtinljed,
shall not be deemed a waiver or estoppel of the right to do so thereafier as to tiny violation or breach. No
Grantee waiver of a.breach of any offfie conclition(s),provision(s),reservation(s),restrict i on(s),righl(s),
or term(s)hereof,shall be construed to be a waiver of arly SUCCeeding breach of the same condition(s),
provision(s),reservation(s),restriction(s), or terrn(s)hereof.
18) Miscellaneous.
A, 11aa.t1 to Coo ge,rate, Where reqt.rired under this Unity of Title or related agreenlent(s), the undersigned
Grantor(s),teriant(s)thereto,the personal representative(s),heir(s),assign(s),and successor(s)in title of tile
undersigned Grantor(s),and term nt(s)thereto,shall,to ensure the iniplementalion of government purpose
furthered by this Uinty of Tifle, cooperate with Grantee's reasonable requests submitted to Grantor(s),
teirant(s) thereto, Graritor's personal represeniative(s), heir(s), assign(s), and successor(s) in title, and
tenant(s)tiJereto,regarding the terms and conditions contained herein.
19)LaLonsistegEl'Partial Inv alidi , Severabili y and Survival of Provisions If any condition, provision,
rescnwafion,restriction,right,or term of this Unity ofTifle,or any portion(s)thereof,is/ held to be invaiid or
uncnforceaNe in or by any administrative hearing Officer Or COLirt of'coriipeter,�t.ja.r�'isdielioti, the invalidity or
UnenforcLability of such condition,pmvision,reservation,restriction,right,tenri,or arty 1:rorfion(s)thereof',shall
neither firrift nor iMpair the operation, enforceabdity, or validity of any other condition, provision, reservation,
restriction, right,lerin, or any rernaining portion(s)therc'01'' All such other conditions, provisions, reservation,
restrictions,rights,terms,and remaining portion(s)thereof shall continue unitripaired in Full forte and effect.
20) Clij)fion�La�ndlla ri [jadin s, C and Captions a paragraph headings, where used herem, are inserted for
_L y_
convenience only and are not inlended to descriptively limit the scope and intent of the paragraph or text to which
ti-rey refer.
2 l)No Encumbrances, The undersigned grantor(s), tenant(s) thereto, the personal ref)resentative(s), heir((),
assign(s),and successor(s)in title of the undersigrwd Grantor(s),and tenant(s)thereto,represent(s)and warrant(s)
that,to his/her/its/their knowledge, there are no superior encumbrances or material clairns, cause-of-action, or
other proceedings pending or threatened in respect to the ownership,operation,or erivironmental condition(s)of
the above tegaHy described property that may, shall, or wilt diminish, extinguish, interrupt, or subordinate the
effbctiverless or operation of'this Unity of Title's provisioms), restriction(s), right(s), and term(s) running in
perpetuity in favor of'Grantee,Monroe County,11orida.
22) (i�overnin.�1,aws/�V(�Liue. This Unity of Title is and the construction and enforcement of the restrictions,terms,
and obligations established therefrorn are governed by the Monroc County C.omprelwnsive Plan and the Monroe
County Code(s),and shall be liberally construed and enforced in favor of ttie grant to effecfijalc the public,lsarrpoase
Doc.#2423171 Page Number:8 of 15
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r r fi ign XAta L A VAUGHANlic-State of Floridaion#HH 292610Expires Jut 25,2026National Notary Assn,
Doc.#2423171 Page Number:9 of 15
MONROE COUNTY- FLORIDA ACCEPTANCE OF UNITY 0VrjT'i,E
In Witness Whereof,Grantee accepts the Covenant of'Unity of Title granted above and execrates this instRU-nent.
the date set forth below.
GR N'rEE:
Monroe County, Florida:
Senior Dir ;tor,Monroe Boaz tyF']anning and
Environmental Resources Department(Print Name)
First— lu es, rint Na ^
st V�Ji i 7natuzre __ ..... ._.__..r... -Senior Director,Monroe County Planning inl'
hai'"� gb � y i;and
..
1=�nvirc:anme Wal Resources Department(Signature)
Second Witness(I3'rit Name) Date(Print)
Second css(Signature)..
STATE 0FEkXidQ----.-
C OUNTY 01'_.._
oar this r clay of i ned asatlrority, personally as>peavha�is-(ill ersor�a y"CJ n t<r iris Mir arar------
lac tea me,the sunders
.._-._ _... _ - l d
proof ofidentducaflon,
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Sworn and subscribed to before me this_ clay c�C_�_ __ __ _.__..,20... . _
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•State of Flo6da HH 15559a � �dotary I�tr�slac(l'a"i��t 1d��ai�re anc�T�t�t��ry ado.)
lwOTAR.Y S,1:.�°+L.,� 4p s� � 1'
Notary I.ala Ire)
Doc.#2423171 Page Number: 10 of 15
Exhibit A to [Unity of Title
Lot 15,in Square 37, of SANDS SUBDIVISION,according to the Plat thereof as recorded in
Plat Book 1,at Page 65,of the Public Records of Monroe County,Florida.
Doc.#2423171 Page Number:11 of 15
Exhibit B to Unity of Title
Lot 16, in Square 37, of SANDS SIJBD[VISION,according to the Plat thereof as recorded in
Plat Book 1,at Page 65,of the Public Records of Monroe County,Florida.
Doc.#2423171 Page Number: 12 of 15
Exhibit C To Unity of Title
Unified Parcel
Lots 15 and 16, in Square 37, of SANDS SUBDIVISION, according to the Plat thereof as
recorded in Plat Book 1,at Page 65,of the Public Records of Monroe County,Florida.
Doc.4 2423171 Page Number: 13 of 15
GRANTO. S' AFFIDAyrr OF NO ENCUMBRANCES
WHEREAS,Randy E. rhidden and Ana Whidden,the undersigned, Ware the sole five siniple
title owner(s)of the certain below-described real property located in Monroe Courtly,Florida,having
a legal description as follows and which is shown on attached L'Ahibit "A," which is hereby
incorporated as if fully stated hercin:
Parcel Address. 31040 Avenut,F Rig Pine K Approximate Mile Marker-31
Payrcel(s)/Lot(s).- 15 and 16 Block: 37
Subdivision, Sands PR 1-651
Key. 1377317 Plat Book: I _Page: 65
Real Estate Number(s). 00305250-(t00000
and
2. WHEREAS,it is true and correct that as ofthis date no liens,loans,rnoilgage encumbrances,or non-
Mortgage encurnbrances,other than those ire which Joinder(s)have been executed and submitted for
this Corrective/Superseding Aggregation Restrictive Covenant corresponding to this A flidavit of`tsar
Encurribrances,currently encumber the above legally described real properly;and
3. NOW,THEREFORE,the undersigned hereby states that the above legally described property is free
ofall Hens, loans,mortgage,encumbrances,and non-niortgage enctanbrances at this tinic,other than
those in which Joinder(s)have been executed and SUbmitted as part of the Monroe County Covenant
ol'Unity ot—Fifle application corresponding to this Affidavit of'No EfICUmbrances,
Doc.#2423171 Page Number: 14 of 15
EX 1_JT D tY H IJ -1 dav fit` .202'.)
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{ CY'i'r INN'SiaA[.] Notary t�(rk(Sitinatur+:)
tr��Acy,"" NEILAVAUGHAN
` Notary Public-State of Florida
`` Commission k HH 292610
oP My Comm.Expires Jul 2S,2026
Banded through National Notary Assn,
Doc.#2423171 Page Number: 15 of 15
Exhibit A to Affidavit of No Encumbrances
Lots 15 and 16,in Square 37,of SANDS SUBDIVISION,according to the Plat thereof as recorded
in flat Doak 1,at Page.65,of the Public Records of Monroe County, Florida.