Restrictive Covenant 08/25/2023 Recorded Eectronical
OR Book Z Page /t2Lé A
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Wright Barrows,PLLC.
540 Key Deer Blvd County
Big Pine Key,FL 33043 Date 2-'3
305-872-1050 4
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Space Above this Line for Recording
DECLARATION OF RESTRICTIVE COVENANT RUNNING WITH THE LAND
AND DECLARATION OF RESTRICTION ON FUTURE DEVELOPMENT
This eclaration of Restrictive Covenant is executed as of the DS th day of
,2023 (the"Effective Date"), by Monroe County, a political subdivision of
the State o Florida, whose post office address is 1100 Simonton Street, Suite 205, Key West, FL
33040, in reference to the property ("Property") known as:
Legal Description: A parcel of land on Big Pine Key, Monroe County,Florida, lying and being
in Section 25, Township 66 South, Range 29 East, described by metes &
bounds as follows: Commencing at the Northeast Corner of Lot 10, Block
33 of Sands Subdivision as recorded in Plat Book 1, Page 65, of the Public
Records of Monroe County, Florida, bear South 89 degrees and 52 minutes
East along Avenue "F", 163 Feet to the Point of Beginning bear South 89
degrees and 52 minutes East 81 feet,thence South 50 feet,thence bear North
89 degrees and 52 minutes West 81 feet, thence North 50 feet back to the
point of the beginning.
f/k/a—Part of Lot 7, Square 33, Sands Subdivision,as recorded in Plat Book
1, Page 65, of the Public Records of Monroe County, Florida, as set forth in
that conveyance recorded in Official Records Book 463, Page 362-3, of the
Public Records of Monroe County, Florida
RE#: 00304430-000100
Address: 31484 Avenue F, Big Pine Key, Florida 33043
conveyed by the Deed between Atul Kumar,participating in a federally assisted acquisition project
("Grantor"), and Monroe County, ("Grantee"), its successors and assigns:
WHEREAS, Hurricane Irma impacted the Florida Keys on September 10, 2017, destroying or
majorly damaging over 4,000 residential structures in Monroe County; and
WHEREAS,in response to the impacts statewide of Hurricane Irma,the Department of Economic
Opportunity (DEO) developed a Community Development Block Grant - Disaster Recovery
(CDBG-DR) Action Plan that detailed how the State will administer the funds statewide. The
Action Plan includes the Voluntary Home Buyout Program (VHBP) which was created to acquire
properties that are in high-risk flood areas, to reduce the impact of future disasters, and to assist
property owners to relocate to less risk prone areas; and,
WHEREAS, Monroe County was awarded $15 Million in CDBG-DR funding for the creation
and implementation of a VHBP for unincorporated portions of the County. The County adopted
Resolution 150-2020 to accept and execute the VHBP DEO Subrecipient Agreement for the
CDBG-DR funding on May 20, 2020, which was amended by an Amendment to the VHBP
Subrecipient Agreement approved on March 17, 2021, making the County a VHBP grantee; and
WHEREAS, the Subrecipient Agreement requires the County to restrict VHBP acquired
properties to uses stated in the County's grant application. The application included Resolution
224-2019 which stated the county's intention was to deed-restrict the properties in perpetuity to
open space uses, storm water improvements or to restore and conserve the natural floodplain
functions; and
NOW, THEREFORE, this DECLARATION is made from and after the Effective Date and
subject to the following terms and conditions:
1. Terms. Pursuant to the terms of the Subrecipient Agreement I0092 dated June 4, 2020,the
following conditions and restrictions shall apply in perpetuity to the Property described in
the attached deed and acquired by the Grantee pursuant to CDBG-DR requirements
concerning the acquisition of the Property:
a. Compatible uses. The Property shall be dedicated and maintained in
perpetuity to open space uses, storm water improvements or to restore and
conserve the natural floodplain functions.
b. Structures. Construction of new structures is only allowed where:
i. A public building is open on all sides and functionally related to a
designated open space use.;
ii. The structure is a public rest room; or
iii. The structure is compatible with the uses proposed included in
paragraph l.a., and has DEO approval in writing before the
construction of the structure begins.
Any new structures built on the Property according to the subparagraph b.
above will be elevated or flood-proofed to the Base Flood Elevation (BFE)
plus two foot of freeboard as defined in the Federal Register 24 CFR
55.2(b)(10), or as amended and defined in the Federal Register, and meet
applicable requirements of the National Flood Insurance Program (NFIP)
floodplain management regulations or local codes.
c. Disaster Assistance and Flood Insurance. After settlement, no federal
disaster assistance for any purpose from any federal source, nor flood
insurance payments will be made with respect to the Property,and no person
or entity shall seek such amounts.
d. • Transfer. The subrecipient must obtain the approval of DEO before
conveying ownership (fee title) of the Property to another public agency or
qualified conservation organization.Property transfer to private citizens and
corporations will not be approved. All development rights in the form of a
conservation easement on the property must be conveyed to the
conservation organization or retained by the subrecipient or other public
entity.
2. Enforcement. The subrecipient must accept responsibility for monitoring and enforcing
this deed restriction and/or easement.
3. Amendment. This agreement may be amended upon signatures of DEO and the Grantee
only to the extent that such amendment does not affect the fundamental and statutory
purposes underlying the agreement.
4. Severability. Should any provision of this grant or the application thereof to any person or
circumstance be found to be invalid or unenforceable, the rest and remainder of the
provisions of this grant and their application shall not be affected and shall remain valid
and enforceable.
IN WITNESS WHEREOF,the undersigned has caused this DECLARATION to be signed by its
duly authorized representatives, as of the day and year first above written.
Grantee/COUNTY: MONROE COUNTY, FLORIDA
ATTEST: Kevin Madok, CPA, Clerk
` #*7,c1.4-,-,.-I' ',;�� uty Clerk Craig tes, ayor
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gz . ' MONROE COUNTY ATTORNEY
Date: Aliteiwitvt-, l'41, 7,, 2-3 APPROVED AS TO FORM
KELLY AN
ASSISTANT COUNTY ATTORNEY
Date: W,C.23