Item F5 F5
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
Board of County Commissioners Meeting
July 19, 2023
Agenda Item Number: F5
2023-1214
BULK ITEM: Yes DEPARTMENT: County Land Acquisition And Land
Management
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley
AGENDA ITEM WORDING: Approval of a contract to purchase a less than fee interest in Block 6,
Lots 29 and 30,Pine Channel Estates Section Two on Big Pine Key near mile marker 29 from Mario E.
Jakob and Shelly A. Jakob, as Trustees of The Mario E. Jakob and Shelly A. Jakob Joint Revocable
Living Trust Agreement dated March 22, 2022 for density reduction purposes for the price of$99,999.
ITEM BACKGROUND:
This acquisition is proposed pursuant to BOCC Resolution 128-2022 (the Less Than Fee Acquisition
Program) to protect property rights, to reduce density, and to reduce the County's potential liability for
takings suits.
The subject property is a 15,000 square foot site at 29357 Independence Avenue on the bay side of Big
Pine Key near mile marker 29 and is developed with one dwelling unit. Lot 29 is developed with a
house. Lot 30 is a pea rock lot that is being used for parking. The less than fee interest being purchased
by the County will combine the site into a single Unified Parcel and will:
• Limit the total density of the Unified Parcel to one residential dwelling unit
• Retire all other density and prohibit the transfer of density off site
• Prohibit new accessory structures providing habitable space
• Not prohibit accessory uses and non-habitable accessory structures
• Not prohibit additions to the lawfully established existing residential unit
The Sellers have executed the attached purchase agreement requiring a restrictive covenant to be
recorded in the public records imposing the above restrictions.
The purchase price for the less than fee interest is the program's maximum of$99,999. Since there is no
separate market land value listed for Lot 30 on the Monroe County Property Appraiser's website, this
purchase price is based on the $187,500 current market land value listed for a comparable lot in the
same subdivision on the same street (Block 6, Lot 47). The estimated closing costs for this transaction
will be approximately $1,500.
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PREVIOUS RELEVANT BOCC ACTION:
The Board established and modified the Less Than Fee program though the adoption of Resolutions
175-2018, 438-2018, 063-2020, and 128-2022.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
MCPA Record Card - Subject Property.pdf
MCPA Aerial - Subject Property.pdf
Purchase Agreement with Exhibit A Restrictive Covenant.pdf
MCPA Record Card - Comparable Property.pdf
FINANCIAL IMPACT:
Effective Date: July 19, 2023
Expiration Date: None
Total Dollar Value of Contract: $99,999.00 plus estimated closing costs of$1,500.00
Total Cost to County: $101,499.00
Current Year Portion: $101,499.00
Budgeted: Yes
Source of Funds: 304 Funds infrastructure sales surtax
CPI: N/A
Indirect Costs: To be determined
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing:No If yes, amount:
Grant: No
County Match: N/A
Insurance Required: Yes, will be covered by County's liability policy
Additional Details: $99,999.00 plus closing costs estimated to be approximately $1,500.00
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gPublic.net -Monroe County, FL -Report: 00249580-000000 Page 1 of 4
„r,U Puiblic.i "" Monroe County, FL
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of
fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property withint he County.The Monroe
County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data provided regarding
one tax year may not be applicable in prior or subsequent years.By requesting such data,you hereby understand and agree
that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose.
By continuing into this site you assert that you have read and agree to the above statement.
Summary
Parcel ID 00249580-000000
Account# 1319198
Property ID 1319198
Millage Group 100H �� �
Location 29357 INDEPENDENCE Ave,BIG PINE KEY
Address
Legal BK6 LTS 29-30 PINE CHANNEL EST SEC TWO BIG PINE KEY P136-2 OR645-794-795 OR669-230
Description OR756-342 OR809-512 OR814-477 OR1097-1739D/C OR1849-1588 OR2140-771OR2140-
772D/C OR2341 789 OR2735 61D/C OR2735-64OR2901-976/77 OR2928-391
(1 dote.`dot tohe a ed on I(7"11 do(:ume nts,) i
Neighborhood 623
t
Property Class SINGLE FAMILY RESID(0100)
Subdivision PINE CHANNEL ESTATE SEC 2 ���/�
Sec/Twp/Rng 27/66/291
Affordable No P
Housing
Owner
JAKOB MARIO E JAKOB SHELLYA
29357 Independence Ave 29357 Independence Ave
Big Pine Key FL 33043 Big Pine Key FL 33043
Valuation
2019 2018 2017 2016
+ Market Improvement Value $307,269 $316,048 $320,437 $280,839
+ Market Misc Value $37,770 $33,333 $37,452 $32,015
+ Market Land Value $350,625 $210,000 $200,625 $180,000
= Just Market Value $695,664 $559,381 $558,514 $492,854
= Total Assessed Value $695,664 $559,381 $542,139 $492,854
- School Exempt Value $0 $0 $0 $0
School Taxable Value $695,664 $559,381 $542,139 $492,854
Land
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL CANAL(010C) 7,500.00 Square Foot 75 100
RESIDENTIAL CANAL UNPERMITTED(01CM) 7,500.00 Square Foot 75 100
Buildings
BuildinglD 14440 Exterior Walls ABOVE AVERAGE WOOD with 50%C.B.S.
Style STILT STORY Year Built 1977
Building Type S.F.R.-R1/R1 EffectiveYearBuilt 1997
Gross Sq Ft 4846 Foundation CONCR FTR
Finished Sq Ft 2460 Roof Type IRR/CUSTOM
Stories 2 Floor Roof Coverage METAL
Condition AVERAGE Flooring Type CERM/CLAYTILE
Perimeter 284 Heating Type FCD/AIR DUCTED with 0%NONE
Functional Ohs 0 Bedrooms 2
Economic Ohs 0 Full Bathrooms 2
Depreciation% 30 Half Bathrooms 0
Interior Walls DRYWALL Grade 550
Number of Fire PI 1
Code Description Sketch Area Finished Area Perimeter
ECF ELEVATED CON 1,230 0 0
FLA FLOORLIVAREA 2,460 2,460 0
ODU OP PR UNFIN UL 206 0 0
OPF OP PRCH FIN LL 550 0 0
PUF SC PRCH FIN UL 400 0 0
TOTAL 4,846 2,460 0
Yard Items
Description Year Built Roll Year Quantity Units Grade
RW2 1976 1977 1 180SF 3
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Description Year Built Roll Year Quantity Units Grade
SEAWALL 1982 1983 1 180 SF 4
BOATRAMP 1982 1983 1 300SF 2
RW2 1983 1984 1 210SF 2
CH LINK FENCE 1986 1987 1 680SF 1
CONC PATIO 1989 1990 1 120 SF 2
BRICKPATIO 1999 2000 1 399SF 2
BRICKPATIO 1999 2000 1 88SF 2
BRICKPATIO 2001 2002 1 70SF 2
BOAT LIFT 2003 2004 1 1 UT 2
BRICKPATIO 2003 2004 1 195 SF 1
BRICKPATIO 2003 2004 1 280SF 1
UTILITYBLDG 2003 2004 1 60SF 2
CONCRETE DOCK 1982 1983 1 420 SF 4
AIRCOND 1995 1996 1 1UT 1
FENCES 1999 2000 1 64SF 3
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
4/7/2015 $570,500 Warranty Deed 2735 64 02-Qualified Improved
1/6/2003 $499,000 Warranty Deed 1849 1588 Q-Qualified Improved
7/1/1980 $120,000 Warranty Deed 814 477 Q-Qualified Improved
3/1/1978 $71,700 Conversion Code 756 342 Q-Qualified Improved
Permits
Number Date Issued Date Completed Amount Permit Type
Notes 0
19100805 6/11/2019 $101,187 Residential CONSTRUCT A SEAWALL WITHOUT A DOCK/REVISION A-20 FTSECTIONOF DOCKTO BELOWER
WITH STEPS FOR MOORING ACCESS
18101119 2/20/2018 5/9/2018 $26,000 Residential RE-ROOF-REMOVE&REPLACEWITH GRACE ICE UNDERLAYMENT&METALROOF(HURR.IRMA)
16104869 7/5/2016 7/19/2016 $4,900 Residential REPLACE 2TON AIR HANDLER&CONDENSER
16101487 4/11/2016 6/22/2016 $14,000 Residential DEMO EXISTING WOOD STAIRS AND CONSTRUCT NEW CONCRETE STAIRS
15103234 6/25/2015 7/21/2015 $8,000 Residential INSTALL 4 IMPACTWINDOWS
08100363 2/4/2008 12/22/2008 $5,700 Residential REMOVE&REPLACES ROWS OF DAMAGED SHINGLES&REPAIR ROOF-INSTALLGRACE ICE&WATER
SHIELD-REPLACE SKYLIGHT
08100429 2/4/2008 12/22/2008 $1,900 Residential REMOVE AND REPLACE ROTTON CEDAR SIDING AROUND WINDOWS ON GABLE ENDWITH HARDI
BOARDSIDING
03101145 4/3/2003 7/6/2003 $4,000 Residential INSTALLA 10,000 LB BOATLIFT
00103595 8/17/2000 9/13/2000 $4,500 Residential CONCRETE REPAIRS TO TOP OF COLUMNS
98102780 12/17/1998 12/7/1999 $10,288 Residential RE-ROOF-REPLACE SHINGLES WITH SHINGLES(HURR.GEORGES)
95100400 3/1/1995 11/1/1995 $8,000 Residential INSTALL 2A/C UNITS(1)4TON&(1)2TONWITHTOTALOF 14DROPS
Sketches(click to enlarge)
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2611
AGREEMENT FOR THE PURCHASE OF LESS THAN FEE INTEREST IN LANDS
THIS AGREEMENT is made and entered into this_day of 2023, by and
between
Mario E. Jakob and Shelly A. Jakob, as Trustees of The Mario E. Jakob and Shelly A. Jakob
Joint Revocable Living Trust Agreement dated March 22, 2022
(hereinafter"Seller(s)"), for themselves, their heirs, executors, administrators, successors and assigns,
and MONROE COUNTY, FLORIDA (hereinafter"COUNTY").
WITNESSETH:
1. The Seller(s) represent they are the owners of the following real property (hereinafter "Primary
Parcel") thereunto belonging, owned by them, situate and lying in the County of Monroe, State of
Florida,that is currently developed with a residential dwelling unit and is more particularly described
as follows; to-wit:
Block 6, Lot 29, Pine Channel Estates Section Two (PB 6-2)
RE#00249680-000000
The Seller(s) represent they are also the owners of the following real property (hereinafter
"Secondary Parcel")thereunto,belonging, owned by them, situate and lying in the County of Monroe,
State of Florida, that borders the Primary Parcel and is currently not developed with a residential
dwelling unit or any other habitable space and is more particularly described as follows; to-wit:
Block 6, Lot 30, Pine Channel Estates Section Two (PB 6-2)
RE #00249580-000000
2. In consideration of Ten Dollars($10.00) in hand, paid by the COUNTY,the receipt of which is hereby
acknowledged, the Seller(s) agree to sell to the COUNTY certain property rights owned by Seller,
upon the terms and conditions hereinafter set forth, and for the price of$99,999.00. The Seller(s)
covenant to surrender, release, relinquish and transfer any and all of the Seller(s)'s property rights
in accordance with the Covenant of Unity of Title and Restrictions on Future Development and/or
Conveyances attached as Exhibit A together with the other documents listed in Section 6
(hereinafter collectively"Less Than Fee Interest")from the combined Primary Parcel and Secondary
Parcel (hereinafter collectively"Unified Parcel").
3. The Seller(s) agree that they have full right, power and authority to convey, and that they will convey
to the COUNTY the Less Than Fee Interest and will simultaneously unify title of the servient estates
of the Secondary Parcel with the Primary Parcel, subject to the following conditions and obligations:
The COUNTY, at the COUNTY'S expense, shall have a title report commissioned to allow the
COUNTY or its agent to examine all record detail of the ownership and encumbrances (0 & E)
affecting title to the Unified Parcel. The COUNTY may, at its option during the time permitted for
examination.of title, have the Unified Parcel surveyed and certified by a registered Florida surveyor.
If the survey or 0 & E report disclose encroachments on the Unified Parcel or the existence of
improvements located thereon, or any other restrictions, contract covenants, liens, transfers of
development rights, or applicable governmental regulations, deemed not acceptable to the
COUNTY, the same shall constitute a title defect.
The COUNTY shall have sixty (60) days from the Effective Date in which to examine the 0 & E of
Seller's title. If title is found defective, as determined in the sole discretion of COUNTY, the
COUNTY shall,within this specified time period, notify Seller(s) in writing specifying defect(s). If the
2612
defect(s) render title unacceptable to the COUNTY, the Seller(s)will have one hundred twenty(120)
days from receipt of notice within which to remove the defect(s). The Seller(s)will use diligent effort
to correct defect(s) in title within the time provided therefore, including the bringing of necessary
suits, failing which the COUNTY shall have the option of either accepting the title as it then is or
rescinding the Agreement herein.
4. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or property
rights associated with the Less Than Fee Interest may be diminished or encumbered while this
Agreement is pending. In the event any such diminution, encumbrance or other impairment occurs,
the COUNTY may, without liability, refuse to accept conveyance of said Less Than Fee Interest.
5. The Seller(s) further agree that during the period covered by this instrument officers and accredited
agents of the COUNTY shall have at all reasonable times the unrestricted right and privilege to enter
upon the Unified Parcel for all proper and lawful purposes, including examination of the Unified
Parcel and the resources upon it. Nothing herein shall be construed to constitute an acceptance of
any existing or future code or building violation on the Unified Parcel. This provision shall survive
closing. The Seller(s) hereby waive their rights to any and all claims against the COUNTY or the
State of Florida associated with, or arising from ownership of, the Unified Parcel and this waiver
shall survive closing.
6. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the
COUNTY the following documents conveying to the COUNTY all of Sellers Less Than Fee Interest
in a manner satisfactory to the legal counsel of the COUNTY:
a) Covenant of Unity of Title and Restrictions on Future Development and/or Conveyances
(hereinafter"Covenant of Unity of Title document")
b) Joinder of Mortgagee (if applicable)
c) Joinder of Non-Mortgagee Encumbrance Holder(if applicable)
d) Grantor's Affidavit of No Encumbrance (if neither b or c above applies)
e) Affidavit of Trustee (if land owned by a Trust)
0 Application to Monroe County Property Appraiser to Consolidate Real Estate Parcels
7. In consideration whereof the COUNTY agrees that it will purchase all of said Less Than Fee Interest
at the price of$99,999.00. The COUNTY further agrees that after the preparation, execution, and
delivery of the documents enumerated above, and after the legal counsel of the COUNTY shall have
approved the documentation releasing the Less Than Fee Interest to be surrendered to and vested
in the COUNTY, it will cause to be paid to the Seller(s)the purchase price, less any costs of closing
payable by Seller, as set forth below.
The COUNTY shall pay the following expenses associated with the conveyance of the Less Than
Fee Interest: recording fees for the documents listed in Section 6, settlement fees, 0 & E report
fees, title examination fees, and the Buyers attorney's fees. The Seller(s) shall pay the real estate
commissions, if any are due. Full transfer, surrender and possession of the development rights
described above shall pass to the COUNTY as of the date payment is made to the Seller(s) subject
only to the reservations stated in Section 2 above.
8. It shall be the obligation of the Seller(s) to pay any assessments outstanding as liens due to the
County at the date the Less Than Fee Interest vests of record in the COUNTY.
9. It is mutually understood and agreed that notice of acceptance of this Agreement shall be given to
the Seller(s) by email to the address provided by the Seller(s) or by mail addressed to the Seller(s)
at the following address:
36303 South Grays Airport
Fruitland Park, FL 34731
2
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and shall be effective upon date of emailing or mailing and shall be binding upon all of the Seller(s)
without sending a separate notice to each, except as such obligation may be affected by the
provisions of Section 6 herein.
10. The effective date of this Agreement (hereinafter"Effective Date") shall be that date when the last
one of the Seller(s) and the COUNTY has signed this Agreement.
11. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until June 30, 2023 to sign
and return this Agreement to the COUNTY, failing which the County shall have no obligations
pursuant to this Agreement. This Agreement may be executed in counterparts. Notwithstanding
any provision of this Agreement to the contrary, the COUNTY'S obligation to close this transaction
is contingent upon the availability of funds budgeted for the Less Than Fee Program and approval
of this Agreement by the Monroe County Board of County Commissioners, failing which the parties
acknowledge that each shall be released of all further obligations under this Agreement. In the
event this transaction has not closed within one hundred eighty (180) days from the Effective Date,
then either party may terminate this Agreement at any time thereafter by providing written notice, in
which case the parties acknowledge that each shall be released of all further obligations under this
Agreement.
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 of the Ten Dollars
($10.00) hereinabove acknowledge as received, have and do hereby grant unto the COUNTY or its
authorized representative, or any other office or agent of the COUNTY authorized to purchase said,
Less Than Fee Interest in land, the option and right to enter into this Agreement for Purchase within
ninety (90) days from the execution thereof by the Seller(s).
Seller/ Mario E. Jakob, Trustee of The Mario E. Jakob and Shelly A. Jakob Joint Revocable
Living Trust Agreemen da ed March 22, 2022
M ar-i LL&�m 6L;
Signature Date Phone Number Email Address
Seller/Shelly A. Jakob, Trustee of The Mario E. Jakob and Shelly A. Jakob Joint Revocable
Living Trust Agreement dated March 22, 2022
corn
Sig tur Dite Phone"Number Email Addrdss
Buyer/ COUNTY: MONROE COUNTY, FLORIDA
KEVIN MADOK, CPA, Clerk
By:
As Deputy Clerk Craig Cates, Mayor
(Seal)
Date:
3 2614
EXMrr A
Prepared by/Return to:
Gregory S.Oropeza,Esq.
Oropeza Stones Cardenas
221 Simonton Street
Key West,FL 33040
_____________________________ Space Above This Line For Recording----------------------------
COVENANT OF UNITY OF TITLE AND RESTRICTION ON FUTURE
DEVELOPMENT AND/OR CONVEYANCES
THIS UNITY OFTITLE SHALL BE INCORPORATEDIN WHOLE AND
REFERENCED FICIAL RECORD BOOKAND PAGE NUMBER
DOCUMENT NUMBER SF
REAL PROPERTY.
WHEREAS, this Unity of Title is granted this day of 2C_, by
(hereinafter"Grantor(s)"),to Monroe County,a political subdivision
of the State of Florida(hereinafter"Grantee"), whose address is 1100 Simonton Street, Key West, Florida 33040;
and
WHEREAS,the undersigned Grantor(s), is/are the sole fee simple title owner(s)of the certain below-described real
property(hereinafter"Primary Parcel")that is currently developed with a residential dwelling unit and is located in
Monroe County,Florida,having a legal description as follows and which is shown on attached Exhibit" "which
is hereby incorporated as if fully stated herein:
Parcel Address: Approximate MileMarker:
Parcel(s)/Lot(s): dock:
Subdivision:
Key: Plat Book: Page:
Real Estate Num er(s):
WHEREAS,the undersigned Grantor(s),is/are the sole fee simple title owner(s)of the certain below-described real
property(hereinafter"Secondary Parcel")that is not currently developed with a residential dwelling unit or any other
habitable space and is located in Monroe County,Florida,having a legal description as follows and which is shown
on attached Exhibit"^,"which is hereby incorporated as if fully stated herein:
Parcel Address: Approximate Mile Marker:
Parcel(s)/Lot(s): Block:
Subdivision:
Key: Plat Book: Page:
Real Estate Num er(s):
WHEREAS,Grantee is a general purpose political subdivision of the State of Florida and is authorized to regulate
and control the use of real property through the Monroe County Comprehensive Plan and the Monroe County Code(s)
to protect the public health, safety,and welfare;and
WHEREAS,the Primary Parcel and Secondary Parcel are subject to the jurisdiction and requirements of the Monroe
2615
County Comprehensive Plan and the Monroe County Code(s);and
WHEREAS, this Unity of Title encumbers the Primary Parcel and Secondary Parcel (hereinafter collectively
"Unified 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, Grantor(s) hereby attest(s) his/her/its/their recognition that the Unified 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 land; and
WHEREAS, Grantor(s) hereby attest(s) his/her/its/their recognition that in granting this Unity of Title, Grantor
acknowledges and accepts the condition hereafter limiting development to a single principal use(residential)structure
on the Unified Parcel; and
WHEREAS,the consent of all mortgagee(s)and holder(s)of any all other encumbrance(s)of or otherwise upon the
Unified Parcel is attached as Exhibit(s) " " and " ." 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 Title is granted in consideration of payment in the amount of XX thousand dollars
($XX,XXX.XX)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 future residential structure development are supported by good and valuable consideration;and
WHEREAS,this Unity 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
Grantor(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 upon the Unified Parcel;and
NOW, THEREFORE, as an inducement to Grantee for and in consideration of Grantee's payment of 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,and establishes a Covenant of Unity of Title for and in
favor of Grantee upon the above 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 full 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 Development.Notwithstanding the general permitted density,this Unity of Title:
A. limits the total density of the Unified 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
D. does not prohibit accessory uses and non-habitable accessory structures on the Unified Parcel;and
E. does not prohibit additions to the lawfully established existing residential unit.
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Habitable space means any structure equipped for human habitation such as,but not limited to,office,workshop,
kitchen, dining, living, laundry, bathroom, bedroom, den, family or recreational room; professional studio or
commercial occupancy including all interior hallways, corridors, stairways and foyers connecting these,areas.
Garages,exterior stairs and open decks and patios are not considered habitable structures.
3) Prohibition of Parcel Division.This Unity of Title prohibits the Unwed 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 Conveyance. The Unified 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,pledged, encumbered
or assigned separately,except in its entirety as one(1)parcel of land.
.5) Monroe Counly Pro eIg AD raiser 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 Unity of Title as a single real estate parcel for tax roll purposes.
6) No Conflicts.The undersigned Grantor(s)hereby covenant(s)with Grantee that Grantor(s)is/are lawfully seized
of the Unified Parcel in fee simple free and clear of all encumbrances that are inconsistent with the terms of and
exhibits attached to this Unity of Title,and fully attest(s),warrant(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) Perpetual Duration. This Unity of Title is intended to benefit,run with the land in favor of, and shall inure to
Grantee,Monroe County,Florida.
8) Binding Effect The 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 charges 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 any 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 such lien(s)to this Unity of Title,in addition to any other remedy,the damage(s)and/or debt(s)
owed to Grantee shall constitute a lien against the Unified Parcel which shall automatically relate back to the
recording date of this Unity of Title.
9) Construction and Interpretation. The construction and interpretation of such, and all other, Monroe County
Comprehensive Plan provision(s)and Monroe County Code(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) Recordation,Amendment,,Modi cation,or Release.
A. The undersigned Grantor(s)hereby 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 time Grantee may require to preserve its(Grantee's)rights.
B. No amendment or modification to this Unity of Title is effective unless agreed to in writing by both Grantee
and the undersigned Grantor(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 of Monroe County,Florida.
C. This Unity of Title may not be rescinded,voided, or released unless and until the Monroe County Board of
County Commissioners (hereinafter "BOCC") approves such rescission, voidance, or release by BOCC
Resolution.
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11) Subsea uent Reference Reauirement.
A. 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,hereby agree(s)to and shall submit
a copy of this filed and recorded Unity of Title together with(simultaneously in date and time with)all future
development applications relating to the Unified Parcel. Such submission by 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, shall be to the agency(ies), department(s), and office(s) in receipt of or
otherwise receiving such development application(s). This requirement is non-exclusive to Monroe County
agencies,departments,and offices,and is to be construed as inclusive of all reviewing federal,state,Monroe
County, and local agencies, departments, 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
simultaneously furnish a copy of this filed and recorded Unity of Title to any and all federal and state,Monroe
County, and local agencies,departments, and offices in receipt of or otherwise receiving such development
application(s).
B. 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)hereto,shall reference this Unity of Title and
all previously executed and recorded restrictions in any future instrument conveying title to or an interest in
the Unified Parcel, including the recording book and page number(s)and document number(s)of this Unity
of Title and all previously executed and recorded restrictions.
12)Joint-and-Several Liability. If 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), tenant(s), thereto, or any other non-
County natural person(s) or legal person(s)are party(ies)to any suit, action, or proceeding, in law or in equity,
initiated, cross-initiated, counter-initiated, or filed by the County to enforce any provision(s), restriction(s), or
term(s) contained herein, and consist(s)of more than one person(s)or entity(ies), such person(s) and entity(ies)
shall be jointly and severally liable.
13)Non-Assignability.This Unity of Title shall not be assignable by the undersigned Grantor(s),tenant(s),thereto,
the personal representative(s),heir(s),assign(s),or successor(s)in title of the undersigned Grantor(s),tenant(s),
thereto,or any other non-County party with title to or an interest in the Unified Parcel,unless such assignment is
first approved by Monroe County BOCC Resolution.
14)Notice and Service of Process.
A. Notice—To Grantee.All notices,consents,approvals,or other communications to Grantee hereunder shall
be in writing and shall be deemed properly served if sent by U.S.Postal Service Certified Mail,return receipt
requested, in the following for,and address:
Monroe County Planning&Environmental Resources Department
Attn: Senior Director
Subject:Unity of Title
2798 Overseas Highway
Marathon,FL 33050
And with a copy to:
Monroe County Attorney's Office
Subject:Unity of Title
1111 12''Street, Suite 408
2618
Key West,FL 33040
15)]Dispute Resolution — Meet-and-Confer Prerequisite. The undersigned Grantor(s), tenant(s) thereto, the
personal representative(s), heir(s), assign(s), or successor(s) in the title of the undersigned Grantor(s), and
tenant(s)thereto, hereby agree(s)that as a first condition precedent to his/her/its/their initiation of litigation or
adversarial administrative proceedings against the County in the form of a suit or action arising out of,related to,
or in connection with this Unity of Title,shall first,prior to the initiation of such suit or action,attempt to resolve
their dispute(s) and disagreement(s) by a meet-and-confer session between himself/herself/themselves and
Monroe County Planning & Environmental Resources Department staff and counsel of the Monroe County
Planning&Environmental Resources Department. If no resolution can be agreed upon within thirty(30)days
after occurrence of the aforesaid meet-and-confer session,such issue(s)shall next as a second condition precedent
to the initiation of such suit or action, be discussed at a public meeting of the Monroe County BOCC occurring
in the same geographic sub-area as the geographic location of such Unity of Title(i.e.,Upper Keys—Key Largo,
Middle Keys—Marathon,Lower Keys-Key West). The undersigned Grantor(s),tenant(s)thereto,the personal
representative(s), heir(s), assign(s), or successor(s) in title of the undersigned Grantor(s), and tenant(s)thereto,
hereby agree(s) that in the event he/she/it/they so initiate such suit or action without satisfying both of these
conditions precedent to their initiation or litigation or adversarial administrative proceedings against the County,
that the County shall automatically be entitled to an Order granting Grantee's Motion to Dismiss and Florida
Statute Sec. 57.105 (2015) Motion for Sanctions and Attorney's Fee (or, at Grantee's election (if applicable),
their Florida statutory equivalent(s),Federal equivalent(s), or non-Florida legal equivalent(s)).
16)Limitation of Liability.
A. In the event of any litigation concerning the conditions,provisions,revisions,or.terms of the Unity of Title,
Grantee,the undersigned Grantor(s), tenant(s)thereto,the personal representative(s),heir(s), assign(s), and
successor(s)in the title of the undersigned Grantor(s),and tenant(s)thereto,hereby agree to expressly waive
and shall be treated as having expressly waived their right to a jury trial.
B. The undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), or
successor(s)in title of the undersigned Grantor(s),and tenant(s)thereto,hereby agree(s)that no charge(s)or
claim(s)shall be made by it for any delay(s)or the effective date of this Unity of Title.
C. No Waiver. Grantee shall not be deemed to have waived any rights under this Unity of Title unless such
waiver has been given,within this instrument,both expressly and specifically.
D. No Personal Liability. The County expressly reserves and in no way shall be deemed to have waived for
itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any other similar
defense, immunity, exemption,or protection against any suit, cause-of-action,demand,or liability. Further,
no covenant,provision, or term of this Unity of Title shall be deemed to be a covenant or agreement of any
officer,employee,or agent of the County in his or her individual capacity,and no officer,employee,or agent
of the County shall be liable personally in this Unity of Title or be subject to any personal liability or
accountability by reason of the execution of this Unity of Title.
E. Non-Reliance bv Third-Parties. No person(s)or entity(ies)shall be entitled to rely upon the terms,or any
of them,of this Unity of Title to enforce or attempt to enforce any third-party claim(s)or entitlement(s)to or
benefit(s)of any service(s),term(s),or program(s)contemplated hereunder.
17) Enforcement.
A. Default Notice. In the event of breach or violation of the restrictions or terms hereof by Grantor(s),tenant(s)
thereto,the personal representative(s),heir(s),assign(s),or successor(s)in title of the undersigned Grantor(s),
or tenant(s) thereto, Grantee shall provide written "Notice of Default" or "Notice of Violation" to such
2619
breach(es)or violation(s)within thirty(30)days of receiving notice of such breach(es)or violation(s).
B. Grantor(s)Breach or Violation.
1. Uncured breaeh(cs) or violation(s), by the undersigned Grantor(s), tenant(s) thereto, the personal
representative(s), heir(s), assign(s), or successor(s) in title of the undersigned Grantor(s), or tenant(s)
thereto,of the terms of and restrictions imposed by this Unity of Title shall,without any additional notice
beyond this Unity of Title's recordation,entitle Grantee to immediately suspend and/or rescind,without
liability to Grantee, development applications, pending permits, approvals, and inspections, and issued
development order(s)contingent upon the effectiveness of this Unity of Title and Grantor(s)compliance
thereto, the compliance of tenant(s) thereto, the compliance of the personal representative(s), heir(s),
assign(s), or successor(s) in title of the undersigned Grantor(s)thereto, and the compliance of tenant(s)
thereto,with the terms of this Unity of Title,applied for or those permits, approvals,and/or inspections
necessary to cure such breach(es) or violation(s). Such uncured breach(es) or violation(s) shall be
presumed to constitute breach(es)or violation(s)that is/are irreparable or irreversible in nature.
2. In the event of any suit,action,or proceeding,in law or in equity,by the County to enforce the restrictions
or terms contained herein,if the County prevails in any such suit,action,or proceeding,on trial or appeal,
the County shall be entitled to reasonable attorney's fees,including trial,appellate,bankruptcy,and post-
judgement costs and collection proceedings for the maintenance or defense of any such suit, action, or
proceeding,to be paid by the losing party(ies)as fixed by the court. Any judgement so rendered in favor
of the County in connection with any suit,action,or proceeding arising out of,related to,or in connection
with this Unity if Title, shall bear interest at the highest rate allowed by law. The County may recover
reasonable legal and professional fees attributable to the preparation,administration,and enforcement of
such suit, action, or proceeding, from any person(s) and/or entity(ics) from or whom a demand or
enforcement request is made, regardless of actual initiation of a suit, action, or proceeding. These
remedies are in addition to any other remedy,fine,or penalty which may be applicable under,including,
but not limited to,Chapters 162.373, and 403,Florida Statutes,and any other action 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 tenant(s) thereto,hereby
agree that suits, actions, and proceedings arising out of, related to, or in connection with this Unity of
Title shall be in accordance with the Florida Rules of Civil Procedure.
3. Cumulative Remedies. In the event of any breach or violation of the restrictions or terms contained
herein,Grantee shall,without liability to Grantee,have the right to proceed at law or in equity as may be
necessary to enforce compliance with the restrictions or terms hereof, to enjoin activities, construction,
maintenance, practices, repairs, and uses inconsistent with the restrictions or terms hereof, and to
otherwise prevent the breach or violation of any of them, to collect damages, and both authorized and
entitled to enforce this Unity of Title by emergency, preliminary;and permanent injunction, including
by ex parte motion and action for such injunction(s), it being hereby expressly and specifically agreed
that Grantee has no adequate remedy 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 cumulative;
that is, the County may pursue such rights and remedies as the law and this Unity of Title afford it in
whatever order the County desires and the law permits. The County's resort to any one law(s) and/or
remedy(ies)in advance of any other shall not result in waiver or compromise of any other law(s)and/or
remedy(ies). The undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s),
assign(s),or successor(s)in title of the undersigned Grantor(s), and tenant(s)thereto,hereby agree(s)to
and shall pay for all costs associated with Grantee's enforcement action(s).
4. Failure of the undersigned Grantor(s),tenant(s)thereto,the personal representative(s),heir(s), assign(s),
or successor(s)in title of the undersigned Grantor(s),or tenant(s)thereto,to comply with or perform any
act required by or under this Unity of Title shall not impair the validity of this Unity of Title or the
2620
conditions, provisions, reservations, restrictions, rights, or terms hereof or limit their enforceability in
any way.
5. Enforcement of the conditions, provisions, restrictions, and terms of this Unity of Title shall be at the
discretion of the Grantee, Grantee's delay or failure to enforce or omission in the exercise of any
condition, provision, reservation, restriction, right, or term contained herein, however long continued,
shall not be deemed a waiver or estoppel of the right to do so thereafter as to any violation or breach. No
Grantee waiver of a breach of any of the condition(s),provision(s),reservation(s),restriction(s),right(s),
or term(s)hereof, shall be construed to be a waiver of any succeeding breach of the same condition(s),
provision(s),reservation(s),restriction(s),right(s),or term(s)hereof.
18) Miscellaneous.
A. Dyly to Cooperate. Where required under this Unity of Title or related agreement(s), 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,shall,to ensure the implementation of the government purpose
furthered by this Unity of Title, cooperate with Grantee's reasonable requests submitted to Grantor(s),
tenant(s) thereto, Grantor's personal representative(s), heir(s), assign(s), and successor(s) in title, and
tenant(s)thereto,regarding the terms and conditions contained herein.
19)Inconsistency, Partial Inyafiditv4 Severabilitva and Survival of Provisions. If any condition, provision,
reservation,restriction,right,or term of this Unity of Title, or any portion(s)thereof, is/are held to be invalid or
unenforceable in or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
unenforceability of such condition,provision,reservation,restriction,right,term,or any portion(s)thereof, shall
neither limit nor impair the operation, enforceability, or validity of any other condition,provision, reservation,
restriction, right, term, or any remaining portion(s) thereof. All such other conditions, provisions, reservation,
restrictions,rights,terms,and remaining portion(s)thereof shall continue unimpaired in full force and effect.
20) Captions and ParMgrawh Headings. Captions and paragraph headings, where used herein, are inserted for
convenience only and are not intended to descriptively limit the scope and intent of the paragraph or text to which
they refer.
21)No Encumbrances. The undersigned gantor(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,represent(s)and warrant(s)
that, to his/her/its/their knowledge, there are no superior encumbrances or material claims, cause-of-action, or
other proceedings pending or threatened in respect to the ownership,operation,or environmental condition(s)of
the above legally described property that may, shall, or will diminish, extinguish, interrupt, or subordinate the
effectiveness or operation of this Unity of Title's provision(s), restriction(s), right(s), and term(s) running in
perpetuity in favor of Grantee,Monroe County,Florida.
22) Governing Laws/'Venue. This Unity of Title is and the construction and enforcement of the restrictions,terms,
and obligations established therefrom are governed by the Monroe County Comprehensive Plan and the Monroe
County Code(s),and shall be liberally construed and enforced in favor of the grant to effectuate the public purpose
of this Unity of Title and the policy(ies) and purpose(s) of the Monroe County Comprehensive Plan and the
Monroe County Code(s). Exclusive venue for any dispute arising from or under, relating to,,or in connection
with this Unity of Title shall be in the Sixteenth Judicial Circuit in and for Monroe County,Florida.
23) Authority to Attest. Each party to this Unity of Title represents and warrants to the other that the execution,
delivery, and performance of this Unity of Title has been duly authorized by all necessary corporate and other
organizational action,as required.
24) Integration/Merge . This Covenant of Unity of Title constitutes the entire Covenant of Unity of Title and any
2621
representation or understanding of any kind preceding the date of this Unity of Title's execution or recordation
is not binding on the Grantee or the undersigned Grantor(s)except to the extent it has been incorporated into this
Unity of Title.
25)Effective Date. This Unity of Title will become effective upon recordation in the Official Records of Monroe
County,Florida.
2622
TO HAVE AND HOLD UNTO GRANTEE FOREVER.
EXECUTED ON THIS day of 20
WITNESSES TO ALL: GRANTOR(S)
First Witness(Print Name) Grantor No. I (Print Name)
First Witness(Signature) Grantor No. 1 (Signature)
(Complete Mailing Address above)
Second Witness(Print Name) Grantor No.2(Print Name)
Second Witness(Signature) Grantor No.2(Signature)
(Complete Mailing Address above)
STATE OF
COUNTY OF
The foregoing instrument,Monroe County Covenant of Unity of Title,was acknowledged before
me this day of_,20 ,by_,who is personally
known to me or produced_as proof of identification and did take an oath.
Notary Public(Print Name and Notary No.)
[NOTARY SEAL]
Notary Public(Signature)
2623
MONROE COUNTY, FLORIDAACCEPTANCE F UNITY OF TITLE
In Witness Whereof, Grantee accepts the Covenant of Unity of Title granted above and executes this instrument
the date set forth below.
GRANTEE:
Monroe County,Florida:
First Witness(Print Name) Senior Director,Monroe CountyPlanning and
Environmental Resources Department(Print Name)
First Witness(Signature) Senior Director,Monroe CountyPlanning and
Environmental Resources Department(Signature)
Second Witness(Print Name) Date(Print)
Second Witness(Signature)
STATE OF
COUNTY OF
Before me,the undersigned authority, personally appeared
, on
this ____day of ,20 , who is personally known to me or produced as
proof of identification.
Sworn and subscribed to before me this day of 920
Notary Public(Print Name and Notary No.)
[NOTARY SEAL]
Notary Public(Signature)
2624
2625
Monroe County, FL
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of
fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property within the County.The
Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data
provided regarding one tax year may not be applicable in prior or subsequent years.By requesting such data,you
hereby understand and agree that the data is intended for ad valorem tax purposes only and should not be relied on for
any other purpose.
By continuing into this site you assert that you have read and agree to the above statement.
Summary
Parcel ID 00249760-000000
Account# 1319376
Property ID 1319376
MillageGroup 100H ^ '
Location VACANT LAN INDEPENDENCE Ave,BIG PINE KEY
Address
Legal BK 6 LT 47 PINE CHANNEL EST SEC TWO BIG PINE KEY PB6-2OR707-253/54
Description OR1162-2330 OR2452-1642 OR2612-1414/15 OR2620-1865/66 OR2620-1867/68
OR2620-1869/70 OR3119-1808
�anla. II4on fo be w,a d oiiii Ilcg ill dociAnna.in�l,r'x)
Neighborhood 623
w
Property Class VACANT RES(0000)
Subdivision PINE CHANNEL ESTATE SEC 2
Sec/Twp/Rng 27/66/29
Affordable No ,, _"
Housing
Owner
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............................................................
439 Spring St
Houtzdale PA 16651
Valuation
2022 Certified Values 2021 Certified Values 2020 Certified Values 2019 Certified Values
+ Market Improvement Value $0 $0 $0 $0
+ Market Misc Value $0 $0 $0 $0
+ Market Land Value $187,500 $165,000 $165,000 $135,000
= Just Market Value $187,500 $165,000 $165,000 $135,000
= Total Assessed Value $187,500 $105,960 $96,327 $87,570
School Exempt Value $0 $0 $0 $0
= School Taxable Value $187,500 $165,000 $165,000 $135,000
Historical Assessments
Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability
2021 $165,000 $0 $0 $165,000 $105,960 $0 $165,000 $0
2020 $165,000 $0 $0 $165,000 $96,327 $0 $165,000 $0
2019 $135,000 $0 $0 $135,000 $87,570 $0 $135,000 $0
2018 $114,375 $0 $0 $114,375 $79,609 $0 $114,375 $0
p11ua.I11A1X!1111111ninnI4nil Ibfl!Ry li°,ni,u�,l unakl oindlsunid,I-iui.nllayiuua Ibe1. elluadAlpannida,d-lu ,a.lmllllpoiil&11RyuniouniL(annilR::,oinuaflua.a=,'kuvaiulisyllua!daa:bmllllpoiil,all711RyainnouniL
Land
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL CANAL UNPERMITTED(01CM) 7,500.00 Square Foot 75 100
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee
8/9/2021 $209,000 Warranty Deed 2335305 3119 1808 01-Qualified Vacant
3/22/2013 $100 Quit Claim Deed 2620 1867 11-Unqualified Vacant
3/15/2013 $100,000 Warranty Deed 2620 1869 02-Qualified Vacant
3/15/2013 $100 Warranty Deed 2620 1865 19-Unqualified Vacant
2/6/2013 $100 Quit Claim Deed 2612 1414 11-Unqualified Vacant
2/1/1977 $8,000 Conversion Code 707 253 Q-Qualified Vacant
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2627