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Item F05 F5 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting January 31, 2024 Agenda Item Number: F5 2023-1268 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 15 and 16, Pine Channel Estates Section Two on Big Pine Key near mile marker 29 from Adam Burrows 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 29446 Saratoga Avenue on the bay side of Big Pine Key near mile marker 29 and is developed with one dwelling unit. Lot 16 is developed with a house. Lot 15 is a pea rock lot with a mix of native and exotic landscaping and is being used for parking and storage. 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 Seller has 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 15 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 Independence Avenue (Block 6, Lot 47). The estimated closing costs for this transaction will be approximately $1,500. 1449 PREVIOUS RELEVANT BOCC ACTION: The Board established and modified the Less Than Fee program though the adoption of Resolutions: 6/20/18 - 175-2018, 12/19/18 - 438-2018, 2/19/20 - 063-2020, and 4/20/22 - 128-2022 which repealed and replaced the previous resolutions. INSURANCE REQUIRED: No 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: January 31, 2024 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: 1450 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 1451 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 50 000000/31906 Account# 1319066 Property ID 1319066 �� -� MillageGroup 100H Location 29446 SARATOGAAve,BIG Address PINE KEY Legal BK 6 LOTS 15&16 PINE Description CHANNEL EST SEC TWO BIG PINE KEY PB6-2 OR489-550 OR787-1197 O R804-1463 O R893-450 O R 978-841 O R 1003-2018 OR1052-1596 OR1162- 2330 OR1163-1567 r OR2220-156 OR2556-2017 O R2634-734 O R2850-880 I OR3162-2057 OR3173- 1301 �au'fa. II4ul ,au be ir,ud ouii augi,11 a larcunnonr�,) Neighborhood 623 Property Class SINGLE FAMILY RESID (0100) Subdivision PINE CHANNEL ESTATE SEC 2 Sec/Twp/Rng 27/66/29 Affordable No Housing Owner BURROWS ADAM M 29446 Saratoga Ave Big Pine Key FL 33043 Valuation 2022 Certified Values 2021 Certified Values 2020 Certified Values 2019 Certified Values + Market Improvement Value $231,995 $185,822 $188,403 $190,984 + Market Misc Value $55,926 $56,874 $54,266 $55,657 + Market Land Value $457,500 $260,625 $223,125 $215,625 = Just Market Value $745,421 $503,321 $465,794 $462,266 = Total Assessed Value $745,421 $503,321 $465,794 $462,266 School Exempt Value ($25,000) $0 $0 $0 = School Taxable Value $720,421 $503,321 $465,794 $462,266 Historical Assessments Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability 2021 $260,625 $185,822 $56,874 $503,321 $503,321 $0 $503,321 $0 2020 $223,125 $188,403 $54,266 $465,794 $465,794 $0 $465,794 $0 2019 $215,625 $190,984 $55,657 $462,266 $462,266 $0 $462,266 $0 2018 $210,000 $196,145 $52,629 $458,774 $457,057 $0 $458,774 $0 IIlia.IIAmiitrimuirinIaaniL;Ibllllulyir,uniiu, luirinala,oiiill;runid°d-ioidiiiolIbevdliudApnanri a,lI1uiaa,i.mllppoiilalbllRywnoi.uniL4oi[ilHa: oinof1cufovo. If7lI1u Ha mllppoiiMllrillaywnaiaiiL 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 1452 Building ID 14430 Exterior Walls ABOVE AVERAGE WOOD Style STILT2STORY Year Built 1990 Building Type S.F.R.-R1/R1 EffectiveYearBuilt 2012 Gross Sq Ft 3397 Foundation CONC PILINGS Finished SgFt 1478 Roof Type IRR/CUSTOM Stories 3 Floor Roof Coverage METAL Condition AVERAGE Flooring Type PLYWD/PR BD Perimeter 212 Heating Type FCD/AIRDUCTED Functional Obs 0 Bedrooms 3 Economic Obs 0 Full Bathrooms 2 Depreciation% 10 Half Bathrooms 0 Interior Walls DRYWALL Grade 500 Number of Fire PI 0 Code Description Sketch Area Finished Area Perimeter CPF COVERED PARKING FIN 420 0 86 FLA FLOOR LIVAREA 1,478 1,478 224 ODU OP PR UNFIN UL 345 0 146 OPF OP PRCH FIN LL 432 0 130 PUF SC PRCH FIN UL 224 0 72 SBF UTIL FIN BLK 498 0 118 TOTAL 3,397 1,478 776 Yard Items Description Year Built Roll Year Size Quantity Units Grade CONC DAVITS 1990 1991 O x 0 1 1 UT 1 SEAWALL 1990 1991 2 x 53 1 106 SF 4 WOOD DECK 1990 1991 4 x 34 1 136 SF 1 RW2 1990 1991 3 x 53 1 159 SF 4 WOOD DECK 1990 1991 6 x 16 1 96 SF 1 WOOD DOCKS 1990 1991 6 x 53 1 318 SF 3 BOAT LI FT 2017 2018 O x 0 1 1 UT 3 WOOD DOCKS 2017 2018 12 x 22 1 264 SF 5 SEAWALL 2017 2018 2 x 22 1 44 SF 4 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee 2/9/2012 $0 Quit Claim Deed 2556 2017 11-Unqualified Improved 6/15/2006 $690,000 Warranty Deed 2220 156 Q-Qualified Improved 2/1/1987 $30,000 Warranty Deed 1003 2018 Q-Qualified Vacant 9/1/1983 $25,000 Warranty Deed 893 450 Q-Qualified Vacant Permits Number Date Issued Date Amount Permit Type Completed 0 Notes 0 19100379 2/12/2019 11/18/2020 $42,300 Residential REMOVE&REPLACE SHEETROCK,CABINETS IN KITCHEN,VANITIES&LANY NEW PORCELAIN TILE THROUGHOUT HOUSE-NO ELEC OR PLUMBING 18105237 9/25/2018 12/5/2018 $20,000 Residential INSTALL IMPACTWINDOWS 17106402 12/5/2017 2/7/2018 $11,200 Residential RE-ROOF-REMOVE&REPLACE WITH POLYGLASS UNDERLAYMENT&INSTALL 5V CRIMP METAL ROOF(H U RR.I RMA) 17103236 5/9/2017 6/6/2017 $2,330 Residential ELECTRIC FOR BOAT LIFT 17100867 2/27/2017 6/6/2017 $9,500 Residential 16108893 1/27/2017 4/12/2017 $35,000 Residential CONCRETE DOCK 258SFWITH CONCRETE RETAINING WALL 22LF 16108740 12/20/2016 3/1/2017 $400 Residential SEWERCONNECTION 01103418 4/10/2002 7/6/2003 $1,700 Residential TIKI HUT 92-5526 1/1/1993 10/1/1993 $5,000 Residential ENCLOSURE 90-1186 7/1/1990 12/1/1991 $4,420 Residential DOCKS&DAVITS 90-0664 5/1/1990 12/1/1991 $475 Residential FENCE 89-2164 11/1/1989 7/1/1990 $93,665 Residential SFR&ENCLOSURE View Tax I nfo View axes ftur'Lhiis Ilaircelll ............................................................. Sketches(click to enlarge) 1453 16 UNDER Ol�j OP'F 13 OU,,Q, 13 (2016) I R 7 81 OPF PUIF Ouu J (2,244 8294) 9 (3,2) 16 SBF OPEN,TO BELOW (448) 28 FLA 26 36 FLA 10 GPF, (560) '(420) 18 li12i, 18 (50) Photos 1454 Map u ny,m i �V, r i TRIM Notice 1=1= 2022II'^4aha,es Only Schneider GEOSPATIAL U1! irll"iruv,aa., 11"sllua, I}II"II II"iriivaaylVsOiiat, 0 I,),a0 a Ulip 11 g a¢ „Z/V?,Q?' ,�03A s Aly1 1455 Block 6, Lots 15 and 16, Pine Channel Estates Section Two Big Pine Key 5048 �25047 25046 50 �J %250420250410 250400 5 250380 25036 250330 03 29400 FORRESTAL° o �AVE ��°w��-� 29500 FOR 29600 FORRESTAL v r m 499 i 24993� 4992 991 �ll + f o b 501 01 � 0 I �5021 5(3 5023 "i 2502 25030 250 � 68 75 75 2$ d m' y 75 O r 2 TOGA AVE — RATVE / 9400 SARATOGAAVE r 29500 SARA -�� '� r 296 OGA A�� 2494 2 240 �7 360; 4� 2493 a 2493 3 i% J , r2 96 9624965 r s d •I 111/r/////////! r d w l �r ENCE AVE l�i 295001NDEPENDENCE AVE ;, 29600 INDEPEND ... �r � 75 899 - 8 97 0 4891 2 r 24 9�S d 4913 249 2491 491 49 2491 249 922 492 r 482 /r; 14 75 RANGER-29400 AVE 29500 °°° � � 29600RANGERAVE�� RANGER A 4 9l, 16 r:«, � -,h it II�u I:u �,„r ✓,� sm ,vt� V �� ,a � '""' 4 � /rr ME A 4$ �$7 ; 24875 �r " 78 �248 r E248800 24881 248 O9 9500 FLYING CL UU 29400 FLYING CLOUD AVE 2 75 � �� OUDAVE 29600FLYIN I � G CLOUD AVE i 9� 4848 �2�{1 24B16o' N 4809 � fu / v 70 2 2480 s 483 „n 2483 83 4B ,,.., 248 0 0 24$24 � 248270 1456 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 r^lui frfrli li�;::��.�lrnli frli{II u.a-a:; ............................................................ 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 1457 View Tax I nfo .ra 1 Paxat��fortllmli:�Pairce.II ............................................................. Photos AW r Map FOP IN II J a...z TRIM Notice IEEE= 2022 II'^Noyiices Only No data available for the following modules:Buildings,Yard Items,Permits,Sketches(click to enlarge). Schneider ., ., GCOSPAT'IAL U1!ylrll'Iniygq,yll"lsllky II"IRII"iriivaa,,y Oiia,;y, 0 I b pt n UYwIlys,na�,l/ /lQf i,1,Q,f 3! )Al fl 1458 AGREEMENT FOR THE PURCHASE OF LESS THAN FEE INTEREST IN LANDS THIS AGREEMENT is made and entered into this day of , 20237 by and between Adam Burrows (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 16, Pine Channel Estaes Section Two (PB 6-2) RE #00249450-000000 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 15, Pine Channel Estates Section Two (PB 6-2) RE #00249450-000000 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 (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 1459 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$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, 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 1460 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: 29446 Saratoga Avenue 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 21, 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/Adam Burrows - — 6/16/23 860-689-2660 adam.burrows@yahoo.com Sign Date Phone Number Email Address Buyer/COUNTY: MONROE COUNTY, FLORIDA KEVIN MADOK, CPA, Clerk By: As Deputy Clerk Craig Cates, Mayor (Seal) Date: 3 1461 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 W`�IFTYOF 14 1T E SHALL BE P� " F L F r 'T ED P�i WHOLE L E V�M REFERU4"EL FY FFR I.AL , RE(" , LL BOOK VM M T �X BER VM CP�i A L L TRV`�ISFERS F THE E BELOW D ESU' I BED WHEREAS, this Unity of Title is granted this day of 20 , 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 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 1462 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. 1463 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) 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,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. 1464 11) Subsequent Reference Requirement. 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 12th Street, Suite 408 1465 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 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 1466 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 1467 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. Duty 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, Severability, 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 Paragraph 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/Merger. This Covenant of Unity of Title constitutes the entire Covenant of Unity of Title and any 1468 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. 1469 TO HAVE AND HOLD UNTO GRANTEE FOREVER. EXECUTED ON THIS day of , 20 WITNESSES TO ALL: GRANTOR(S) First Witness (Print Name) Grantor No. 1 (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) 1470 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 Name) Senior Director, Monroe CountyPlanning 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) Second Witness (Signature) STATE OF COUNTY OF Before me,the undersigned authority, personally appeared on this day of 20 , who is personally known t o me or produced as proof of identification. Sworn and subscribed to before me this day of ,20 Notary Public (Print Name and Notary No.) [NOTARY SEAL] Notary Public (Signature) 1471 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 1472 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 1473 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 1474 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 1475 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 1476