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Item F1 F1 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 m' David Rice,District 4 Board of County Commissioners Meeting September 20, 2023 Agenda Item Number: F1 2023-1267 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 3, Lots 8 and 9, Eden Pines Colony on Big Pine Key near mile marker 29 from David Cruz and Amy Cruz for density reduction purposes for the price of$56,250. 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 10,000 square foot site at 29132 Rose Drive on the bay side of Big Pine Key near mile marker 29 and is developed with one dwelling unit. Lot 9 is developed with a house. Lot 8 is a pea rock lot with a boat basin and 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 $56,250. Since there is no separate market land value listed for Lot 8 on the Monroe County Property Appraiser's website, this purchase price is based on the $56,250 current market land value listed for a comparable lot in the same subdivision on the same street (Block 3, Lot 14). The estimated closing costs for this transaction will be approximately $1,500. 2482 PREVIOUS RELEVANT BOCC ACTION: The Board established and modified the Less Than Fee program though the adoption of Resolutions: 06/20/18 - 175-2018; 12/19/18 - 438-2018; 02/19/20 - 063-2020; and 04/20/22 - 128-2022 which repealed and replaced the previous resolutions. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: MCPA Record Card - Subject Property MCPA Aerial - Subject Property MCPA Record Card K" Comparable Property Purchase Agreement with Exhibit A Restrictive Covenant BOCC Resol 128-2022 (LTF).pdf FINANCIAL IMPACT: Effective Date: September 20, 2023 Expiration Date: None Total Dollar Value of Contract: $56,250.00 plus estimated closing costs of$1,500.00 Total Cost to County: $57,750.00 Current Year Portion: $57,750.00 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 2483 Additional Details: $56,250.00 plus closing costs estimated to be approximately $1,500.00 2484 5/23/23, 10:16 AM gPublic.net-Monroe County, FL-Report:00265140-000000 „,, Pub1ic.net"" 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 00265140-000000 Account# 1336785 l Property ID 1336785 i MillageGroup 100H �� Location 29132 ROSE Dr,BIG PINE KEY Address Legal BK 3 LTS 8AND 9 EDEN PINES COLONY PB4-158 BIG PINE KEY OR371-484OR406- Description 275 OR759-1055 OR775-1552 OR796-192 OR861-357 OR861-358 OR898-813 OR1215-2393 OR1247-1124 OR1380-369F/J OR1383-2215 OR1792-2271-2272 OR 1975-296 O R2033-534 O R2076-152 O R2273-2219/20 O R2273-2223/24 OR2324-2298-2301TR OR2605-571/73 OR2968-2065i II4anl,'P',a]Ilya,in°,xl ouii Ilug.II vyancuilna.inil',rx.) Neighborhood 635 g Property Class SINGLEFAMILYRESID(0100) Subdivision EDEN PINES COLONY Sec/Twp/Rng 15/66/29 wl✓ " Affordable No n !✓6r Muir�r n�a, ��-Housing Owner CRUZ DAVID CRUZ AMY M 29132 Rose Dr 29132 Rose Dr Big Pine Key FL 33043 Big Pine Key FL 33043 Valuation 2022 Certified Values 2021 Certified Values 2020 Certified Values 2019 Certified Values + Market Improvement Value $177,079 $155,059 $156,744 $155,201 + Market Misc Value $31,524 $31,363 $31,842 $30,405 + Market Land Value $358,750 $197,500 $187,500 $171,250 = Just Market Value $567,353 $383,922 $376,086 $356,856 = Total Assessed Value $392,791 $381,351 $376,086 $239,555 School Exempt Value ($25,000) ($25,000) ($25,000) ($25,000) = School Taxable Value $367,791 $356,351 $351,086 $214,555 Historical Assessments Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability 2021 $197,500 $155,059 $31,363 $383,922 $381,351 $25,000 $356,351 $2,571 2020 $187,500 $156,744 $31,842 $376,086 $376,086 $25,000 $351,086 $0 2019 $171,250 $155,201 $30,405 $356,856 $239,555 $25,000 $214,555 $117,301 2018 $164,800 $121,825 $17,094 $303,719 $235,089 $25,000 $210,089 $68,630 p11ua.I11A1X!1111111ninnI4nil Ibdllluyli°, uni,u�,liuunn,la>oulllsunid,I-iui.nllayiuua Ibe1. elluadAlpannida°xllu ,a.lmllllpoiilYnlllllRyunnounik',.4annilR::,oinuWlua.a=,'k',aavaiulisyllua!daa:bmllllpoiil,all711RyainnouniL Land Land Use Number of Units Unit Type Frontage Depth RESIDENTIAL CANAL(010C) 5,000.00 Square Foot 50 100 RESIDENTIAL CANAL UNPERMITTED(01CM) 5,000.00 Square Foot 50 100 Buildings Building ID 14733 Exterior Walls WD FRAME Style STILT 1STORY Year Built 1988 Building Type S.F.R.-R1/R1 EffectiveYearBuilt 2011 Gross Sq Ft 2456 Foundation CONC PILINGS Finished Sq Ft 912 Roof Type GABLE Stories 2 Floor Roof Coverage METAL Condition AVERAGE Flooring Type CERM/CLAYTILE Perimeter 124 Heating Type FCD/AIR DUCTED with 0%NONE Functional Obs 0 Bedrooms 2 https://qpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypeID=4&PagelD=7635&KeyValue=00265140-000000 2485 5/23/23, 10:16 AM gPublic.net-Monroe County, FL-Report:00265140-000000 Economic Obs 0 Full Bathrooms 2 Depreciation% 12 Half Bathrooms 0 Interior Walls DRYWALL Grade 450 Number of Fire PI 0 Code Description Sketch Area Finished Area Perimeter CPF COVERED PARKING FIN 624 0 124 EUF ELEV UNFIN FD 288 0 72 SPX EXEC SC PORCH 288 0 72 FLA FLOOR LIVAREA 912 912 124 ODU OP PR UNFIN UL 56 0 36 SBF UTIL FIN BLK 288 0 72 TOTAL 2,456 912 500 Yard Items Description Year Built Roll Year Size Quantity Units Grade CONC DAVITS 1986 1987 O x 0 1 1 UT 1 CH LINK FENCE 1989 1990 4x150 1 600SF 1 WOOD DECK 1989 1990 4 x 4 1 16 SF 1 CONC PATIO 1986 1987 4 x 8 1 32 SF 2 SEAWALL 1986 1987 2 x 50 1 100 SF 4 CONCRETE DOCK 1986 1987 5 x 50 1 250 SF 4 FENCES 1989 1990 7 x 16 1 112 SF 2 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee 5/29/2019 $490,000 Warranty Deed 2223638 2968 2065 01-Qualified Improved 12/4/2012 $300,000 Warranty Deed 2605 571 05-Qualified Improved 8/1/1982 $17,500 Warranty Deed 861 357 Q-Qualified Vacant 11/V1978 $5,500 Conversion Code 775 1552 Q-Qualified Vacant Permits Date Issued Date Completed Amount Permit Type Number : 1v 10 10 10 Notes 0 21102436 8/18/2021 9/13/2021 $5,100 Residential REPLACE 3 TON CONDENSER A/C UNIT WITH NEW3TON 16SEERA/CUNIT 17102838 4/20/2017 5/24/2017 $2,400 Residential WASTEWATER CONNECTION-GRAVITY SYSTEM 16102228 5/5/2016 8/10/2016 $6,000 Residential INSTALL NEW REPLACEMENT SET OF EXTERIOR STAIRS AND LANDING 15103965 7/24/2015 7/27/2015 $850 Residential REPLACE CONDENSER ONLY 13101321 4/18/2014 8/14/2014 $8,000 Residential REMOVE AND REPLACE ROOF WITH HT WATERPROOFING AND 5V METAL CRIMP ROOF 11102014 4/27/2011 1/29/2013 $2,769 Residential REPLACE 2.5 TON A/H AND CONDENSER 98101959 11/4/1998 11/18/1999 $5,000 Residential ROOFING 98101959 11/4/1998 10/9/2012 $5,000 Residential REMOVE SOME ROOF PANELS FOR UNDERLAYMENTAND FINAL INSPECTION- REOPENED 10/04/2012 89102409 12/7/1989 10/9/2012 $1,700 Residential INSTALL BOAT DAVITS ON EXISTING SEAWALL 87100704 10/1/1987 11/1/1988 $1,800 Residential 12'X 24'(288 SF)ENCLOSURE UNDER HOUSE.ENCLOSURE FOR STORAGE& PARKING ONLY NO HABITATION A17748/ 6/V1987 12/30/1988 $50,160 Residential SFR&SLAB 87100460 View Tax I nfo View axes'ftn LIhiis Ilaircell ............................................................. Sketches(click to enlarge) https://qpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypeID=4&PagelD=7635&KeyValue=00265140-000000 2486 5/23/23, 10:16 AM gPublic.net-Monroe County, FL-Report:00265140-000000 2.4 12 EUf Yr-198B 11,2 112 SPX (28;8,) (2B8) 12 12 24 12 BBF Yr=1988 (2'88) 24 + FLA Yr=1988 (91,2) ''ODU Yi 38 14, (56) 12 CPF Yir=11988 (624) 114 12 24 Photos I U https://qpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypeID=4&PagelD=7635&KeyValue=00265140-000000 2487 5/23/23, 10:16 AM gPublic.net-Monroe County, FL-Report:00265140-000000 Map l 1 y fi I f 1 TRIM Notice 1111= 2022I11'4uha,es Only Schneider , GEOSPATULL VY,'XII° iv,pa,r11°ysllq"Y }IE,RjDjwaayrIV saua ,t go,l a pay u�i�u�p p�e�� aMq,M https://qpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypeID=4&PagelD=7635&KeyValue=00265140-000000 2488 Block 3, Lots 8 and 9, Eden Pines Colony Big Pine Key is O" 1 o N �29200OLEANDER DRj 0 2 rn rn rn C µ CO (fl (fl rr,v N N N N N i01 i 1 6 01P � r 3 9 4' CEDA 7113 lo °• � � 29000 CEDAR DR ' " ° �q ,� 29100 R DR � ' 500 N N N 4 co N s k. s N c � I SE DR ` � OSE DR; r u 29100 R 2 26 26 � 7122 i 10 i � (r rp � a cn N 2 co co N N, 'ITN N N ` I M'' CG2... �. N S f N w ' �65a �O 10 O ems-: 9 j � II 00 PINE AVE' , �� r'' 29200 CYPRESS DR % / loci, //ll/ %lJ" r %//i ii* /ii 29000 WATSON BLVDw / 29100 WATSON BLVD WATSON BLVD 2489 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 00265190-000000 Account# 1336831 Property ID 1336831 MillageGroup 100Hr Location 29082 ROSE Dr,BIG PINE KEY Address 7 Legal BK 3 LT 14 EDEN PINESCOLONY PB4-158 BIG PINE KEYOR490-1082OR697-809 Description OR1531-1438/39 OR2849-1753D/C OR2908-1265/66 OR2938-432 �anla. II4anf,'fu be ir,ud oini Ila.c9.11 duciunna.inil',rx.) Neighborhood 635 Property Class VACANT RES(0000) Subdivision EDEN PINES COLONY Sec/Twp/Rng 15/66/29 Affordable No Housing Owner PATON MARK ERIC 31f:F II.r IhVAIhVCY ..................................... 27588 Shore Dr 27588 Shore Dr Bonita Springs FL 34134 Bonita Springs FL 34134 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 $56,250 $37,500 $37,500 $28,750 = Just Market Value $56,250 $37,500 $37,500 $28,750 = Total Assessed Value $38,267 $34,788 $31,625 $28,750 School Exempt Value $0 $0 $0 $0 = School Taxable Value $56,250 $37,500 $37,500 $28,750 Historical Assessments Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability 2021 $37,500 $0 $0 $37,500 $34,788 $0 $37,500 $0 2020 $37,500 $0 $0 $37,500 $31,625 $0 $37,500 $0 2019 $28,750 $0 $0 $28,750 $28,750 $0 $28,750 $0 2018 $18,025 $0 $0 $18,025 $18,025 $0 $18,025 $0 p11ua.I11A1 X!1linnininnI4nil Ibdlllulsu°,ni,u�,l unakl oindls unid,I-iui.nllayiuua Ibe1. elluad Alpannidw,d-lu ,a.lmllllpoiil&11Ry unnouniL(annilR::,oinuaflua.a=,'kovaiuli sy llua!daa:bmllllpoiil,all711Ry ainnouniL Land Land Use Number of Units Unit Type Frontage Depth RESIDENTIAL CANAL UNPERMITTED(01CM) 5,000.00 Square Foot 50 100 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee 5/11/2018 $35,000 Warranty Deed 2170715 2908 1265 37-Unqualified Vacant 2/1/1971 $2,000 Conversion Code 697 809 Q-Qualified Vacant 2490 Permits Number Datelssued Date Amount Permit Type Completed 0 Notes 0 20100033 3/9/2020 3/9/2020 $900 Residential LANDCLEAR LIMITED TO INVASIVE EXOTIC VEGETATION AND DOWNED TREES FROM HURRICANE IRMAONLYTHIS PERMIT.NATIVE VEGETATION IS NOTTO BE DISTURBED. View Tax I nfo View axes'ftn LIhiis Ilaircell ............................................................. Photos ' r /i, Map I TRIM Notice 1=1= 2022 II'^Nuhce s Only No data available for the following modules:Buildings,Yard Items,Sketches(click to enlarge). Schneider ., ., GEES ATIAL UlUsylrll"Iriiyac II'olliia,y U }II'll 11"iriivasy,IVs0ua,y, U,lbpUaUjpjls,pa�,l/U/lQf i,l,Q,f !1,)Alfl 2491 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 David Cruz and Amy Cruz (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 3, Lot 9, Eden Pines Colony (PB 4-158) RE #00265140-000000 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 3, Lot 8, Eden Pines Colony(PB 4-158) RE#00265140-000000 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$56,250.00. 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 (O & 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 O & 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 O & E of Seller's title. If title is found defective, as determined in the sole discretion of COUNTY, the 1 2492 COUNTY shall,within this specified time period, notify Seller(s) in writing specifying defect(s). If the 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 Seller's 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) f) 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$56,250.00. 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, O & E report fees, title examination fees, and the Buyer's 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. 2 2493 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: 29132 Rose Drive Big Pine Key, FL 33043 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 19, 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). SeRsfI ,d Cn►� /3 ignature Date Phone Number Email Address Seller/Amy Cruz Sl� •13 2►03.3 g 35ai�at�c�3 3�u►�1►ea��'1So� . may\ .Gov,r, i nature Date Phone Number Email Address Buyer/COUNTY; MONROE COUNTY, FLORIDA KEVIN MADOK, CPA, Clerk By: _..__ As Deputy Clerk Craig Cates, Mayor (Seal) Date: 3 2494 EXHIBIT 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 OF TITLE SHALL BE INCORPORATED IN WHOLE AND REFERENCED BY OFFICIAL RECORD BOOK.AND PACE NUMBER AND DOCUMENT NUMBER ON ALL TRANSFERS OF THE :BELOW DESCRIBED REAL PIt.OPI+ WrY. WHEREAS, this Unity of Title is granted this —day of 20_, by m.....(hereinafter"Grantor(s)"),to Monroe County,apolitical 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 Mile Marker: Parcel(s)/Lot(s): Block: Subdivision: Key: Plat Book: Page: Real Estate Number(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 Number(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 2495 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 Develo:ment.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. 2496 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 Unified 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 County Property Appraiser 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) Pertetual 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) BindinL 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 Modification 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. 2497 11)Subse went Reference Reg uirement. 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`h Street, Suite 408 2498 Key West,FL 33040 15)Dis)ute Resolution — Meet-and-Confer Prere(uisite. 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 Liabilit' 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 by 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 2499 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 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 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(ies) 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 2500 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. Dut)r 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 Invalidity, SeverabilitN, 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) Cautions and Para Yra,h 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 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,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) Governin LawsNenue. 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) Interati_on/Merer. This Covenant of Unity of Title constitutes the entire Covenant of unity of Title and any 2501 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. 2502 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 N, ame) ................................................ .............. .............. ............. First Witness(Signature) Grantor No. I (Signature) --------—--------- —-——----------—--_,-, (Complete Mailing Address above) ....................................----- Second Witness(Print Name) Grantor No. 2(Print Name) ........ .. ......... Second Witness(S_ignatur_e)'_' 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 120�by_.... -,who is personally known tome or produced- as proof of identification and did take an oath. Notary Public(Print Name and Notary No. [NOTARY SEAL] Notary Public(Signature) 2503 MONROE COUNTY FLORIDA ACCEPTANCE OF 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 Senior Director,Monroe Coun Plann g( ) ty in and Environmental Resources Department(Print Name) — . ----—-----_.. First Witness(Signature) Senior Director,Monroe County Planning and Environmental Resources Department(Signature) Second Witness( )Print Name Date(Print) �...... 111111", ...... Se ------ —..._._. , . Second Witness (Signature) STATE OF COUNTY OF � ......... Before me,the undersigned authority, personally appeared m... . ........, on this _______day of 20 , who is personally known to me or produced--... as proof of identification. Sworn and subscribed to before me this—,—,-,,, of 20 Notary Public(Print Name and Notary No.) [NOTARY SEAL] Notary Public(Signature) 2504 RESOLUTION NO, 128 - 2022 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, COMBINING AND REPLACING RESOLUTION 175-2018, RESOLUTION 438-2018, AND RESOLUTION 063-2020 WHICH CREATED AND AMENDED THE LESS THAN FEE ACQUSITION PROGRAM FOR THE PURPOSE OF RETIRING RESIDENTIAL DEVELOPMENT RIGHTS ON PROPERTY LOCATED IN THE IS, IS-M AND URM LAND USE DISTRICTS FROM WILLING SELLERS; TO CLARIFY PROGRAM ADMINISTRATION AND TO INCLUDE ADDITIONAL PRIORITIZATION GUIDANCE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of Monroe County, Florida hereinafter "BOCC") adopted Resolution 175-2018 on June 20, 2018, which created the Less Than Fee Program that is designed to purchase residential development rights from willing sellers that own a vacant parcel that is located immediately adjacent to their homes, and which are located in the Improved Subdivision(IS), Improved Subdivision -Masonry(IS-M), Urban Residential -Mobile Home (URM)land use districts; and WHEREAS,the goal is to reduce ongoing development pressures on hurricane evacuation clearance times and demands on public facilities and infrastructure while protecting property owner rights and avoiding unnecessary costs associated with defending property rights claims; and WHEREAS, this program is consistent with Policies 102.4.3 and 102.4.6 of the 2030 Monroe County Comprehensive Plan; and WHEREAS, in adopting Resolution 175-2018, the BOCC found that a less than fee acquisition program was an appropriate alternative to costlier fee simple acquisitions; and WHEREAS, the BOCC and the Monroe County Land Authority (hereinafter "MCLA") entered into an interlocal agreement on July 21, 2021, and amended the ILA on September 15, 2021 which includes the acquisition of infill property for density reduction, among other government purposes; and WHEREAS, F.S. 125.355 authorizes the BOCC to exempt any purchase of an interest in realty valued at under $100,000 from the requirement of obtaining an appraisal; and Page 1 of 5 2505 WHEREAS,the BOCC agrees to use dollars raised through the local option infrastructure sales surtax as authorized in F.S. 212.055(2)(d which the County has budgeted in Fund 316 to cover costs associated with this program; and WHEREAS,the MCLA and County staff have worked together to develop and implement the Less Than Fee Program; and WHEREAS, due to additional growth limits on Big Pine Key and No Name Key, which are imposed as a result of the Incidental Take Permit, both islands are closer to build out than the rest of the County; and WHEREAS, the BOCC adopted Resolution 438-2018 which made adjustments to the program to: prioritize any eligible lots on Big Pine Key and No Name Key regardless of Tier designation;prioritize transactions where the purchase price for the development rights is less than $100,000; clarify that the County does not waive its right to prosecute code violations on parcels participating in the program; and allow the use of market land values on comparable vacant lots as the basis for making a purchase offer from lots that have already been combined with another lot for tax purposes; and WHEREAS, the BOCC adopted Resolution 063-2020 to prioritize purchases where the adjacent vacant parcel contains no accessory uses or structures therefore targeting parcels that may be more likely to require the County to defend a property rights claim; and WHEREAS, County staff have recommended additional minor adjustments to the Less than Fee program to clarify that the Monroe County Land Authority has assumed administration of the Less than Fee Program from the County Attorney, and to refine the prioritization of Less than Fee applications; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIRDA: Section 1. The recitals set forth above are incorporated herein as findings of fact by the Board. Section 2. This Resolution combines and replaces Resolution 175-2018, Resolution 438- 2018, and Resolution 063-2020. Although the adoption of this resolution rescinds those prior resolutions, all actions taken pursuant to those resolutions are ratified and remain valid. Page 2 of 5 2506 Section 3. The BOCC authorizes the MCLA to represent the BOCC in these matters. Section 4. MCLA will identify properties that will be eligible for participation in this program under the parameters set forth below. Section 5. To be eligible to participate in the program, subject parcels must be: a)Located within an Improved Subdivision (IS), Improved Subdivision—Masonry (IS-M), or Urban Residential —Mobile Home (URM) Land Use District; b) Consist of a lot with at least one (1) buildable unit or Transfer of Development Right(TDR). Priority shall be given as follows: Priority One — Otherwise eligible vacant lots with no accessory structures or uses on Big Pine Key and No Name Key, regardless of Tier designation, in the order of lowest MLV to highest MLV with an agreed upon purchase price of less than $100,000. Priority Two— Otherwise eligible vacant lots with accessory structures or uses on Big Pine Key and No Name Key, regardless of Tier designation, in the order of lowest MLV to the highest MLV with an agreed upon purchase price of less than $100,000. Priority Three— Otherwise eligible vacant lots with no accessory structures or uses outside of Big Pine Key and No Name Key that are designated Tier III, in the order of lowest MLV to highest MLV, with an agreed upon purchase price of less than $100,000. All otherwise eligible vacant lots will be processed after those described in the above priorities in the order of highest Tier designation to lowest Tier designation, Page 3 of 5 2507 with no accessory structures or uses and in the order of lowest MLV to highest MLV, with an agreed upon purchase price of less than $100,000. c)Be held in common ownership with an immediately adjacent parcel that contains a residential structure as its principal structure; d) Eligible to receive a building permit for construction of a new residential dwelling unit under the current Monroe County Comprehensive Plan and Land Development Code, and not prohibited by deed restriction or other instrument or legal impairment from receiving such a building permit; e)Free of all code compliance liens and not the subject of a current code compliance case or other enforcement proceeding by the County or other regulatory agency; however, the property owner should be notified that the County does not waive its right to prosecute existing but undiscovered code violations at the time of the transaction; and f) Owned by a seller who is willing to convey the building rights to the County under the terms and conditions set forth herein. Section 6. The MCLA is authorized to make offers to purchase the right to build a separate residential unit on the subject property at the most recent "Market Land Value" indicated on the Monroe County Property Appraiser's website in exchange for the retirement of that development right and execution of a title restriction, unity of title instrument, and other documents prepared by the County Attorney and/or MCLA legal counsel which are necessary to implement this program subject to the limitation that no purchase shall be made for more than $99,999 without an appraisal, in a form that is acceptable to the County, which is paid for by the property owner. In the event an otherwise eligible vacant parcel of property has been combined for tax purposes only by the Property Appraiser into a single parcel with another lot with a residential principal structure on it, MCLA staff is Page 4 of 5 2508 authorized to use the market land value from a comparable vacant lot in the vicinity as the basis for the offer to purchase the remaining, unused development rights. Section 7. This resolution shall take effect upon adoption and the additional criteria may be applied to applications already submitted for consideration. Section 8. Each agreement is subject to final approval by the Board, which retains the discretion to reject each transaction and/or otherwise modify this program. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 20th day of April, 2022. Mayor David Rice, District 4 Yes Mayor Pro Tem Craig Cates, District 1 Yes Commissioner Michelle Coldiron, District 2 Yes ® �® Commission District 3 Vacant 1 'e3 Commissioner Holly Merrill Raschein, District 5 Yes S � p - IN MADOK, CLERIC BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 0�4hr` w THE�r`4` t By: By: AsE puty Cler c Mayor Approved as to form and legal sufficiency Robert B. Shillinger, Monroe County Attorney Digitally signed by Robert Shillinger Robert B. � DN:cn=Robert B..Shillingerr,,o=B.O.C.C.of p� Monroe County,FL,ou=County Attorney, _emai I=shi(linger-bob@mon roecounty-Fl.gov, S h.i(l i n g e r �� Date:2022.04.26 09:19:24-04'00' c—U O L GJ CJ Page 5 of 5 2509