Item F1 F1
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
April 17, 2024
Agenda Item Number: F1
2023-2191
BULK ITEM: Yes DEPARTMENT: County Land Acquisition And Land
Management
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley
AGENDA ITEM WORDING: Approval of a Termination of an existing Declaration of Restriction
on Future Development recorded in Monroe County Official Record Book 3015, Page 249 contingent
upon Approval and recording of a Unity of Title to be recorded against unified parcel owned by Jeffrey
King and Kellie King located at Block 6, Lots 4 and 13, Plantation Island, Duck Key.
ITEM BACKGROUND:
Jeffrey and Kellie King own Block 6, Lot 4 on Plantation Island, Duck Key(217 Schooner Lane).
Through Resolution 378-2019, the BOCC's Density Reduction Resale Program, Jeffrey and Kellie King
purchased an adjacent parcel on Block 6, Lot 13 on Plantation Island, Duck Key. A Declaration of
Restriction on Future Development was recorded against Block 6, Lot 13 in Monroe County Official
Record Book 3015, Page 249 on March 24, 2020. The Declaration of Restriction on Future
Development limited development on the parcel to non-habitable residential accessory uses. This was
done prior to adoption of the Resale Program ordinance.
Mr. and Mrs. King competed in the Monroe County ROGO system and were awarded a building permit
for a single family residence on Block 6, Lot 4, 217 Schooner Lane, Plantation Island, Duck Key, on
March 28, 2024. This parcel is adjacent and contiguous to the parcel the King's purchased from the
County.
Mr. and Mrs. King contacted the Monroe County Land Authority requesting that the restrictive
covenant be removed to allow them to build their primary home with habitable space and/or non-
habitable accessory structures onto a portion of the lot purchased from the County. The Kings will not
build any detached habitable space on Lot 13.
Staff researched the properties and the Kings'purchase of Lot 13 was during the early stages of the
Density Reduction Resale Program. The program has since evolved to allow the expansion of an
existing residential structure, as long as it isn't detached, onto the density reduction lot and the
construction of non-habitable accessory structures. If approved, the Kings agree to enter into a new
Unity of Title on both parcels thereby creating one lot with one residential structure, which satisfies the
2357
ultimate goal of the BOCC's Density Reduction Program and is consistent with how the Density
Reduction Resale Program works now.
The Unity of Title will continue to assure no transfer of development right(TDR) is available for a 2nd
unit on the 2nd site.
Staff recommends that the Board terminate the existing Declaration of Restriction on Future
Development and allow a new Unity of Title to be entered for Block 6, Lots 4 and 13.
PREVIOUS RELEVANT BOCC ACTION:
10/16/19 BOCC adopted Resolution 378-2019
01/22/20 BOCC approval to accept bid and sale of Parcel ID #003383860-000000 to Mr. and Mrs. King
for $25,333.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
Terminate Declaration of Restriction on Future Development recorded in Monroe County Official
Record Book 3015,page 249 and approval of a Unity of Title to be entered on Block 6, Lots 4 and 13,
Plantation Island, Duck Key.
STAFF RECOMMENDATION: Approval of Termination of Existing Restrictive Covenant against
Block 6, Lot 13, Plantation Island, Duck Key, contingent upon approval of Unity of Title Block 6, Lots
4 and 13, Plantation Island, Duck Key.
DOCUMENTATION:
King Allocation Award for Building Permit Application 20-20-0303.pdf
King Request.pdf
BOCC Resolution 378-2019.pdf
BOCC Agenda ItemN17-200122.pdf
Declaration of Restriction on Future Development OR3015-0249.pdf
Aerial Photograph.pdf
Termination of Declaration of Restriction on Future Devleopmentpdf
Unity of Title.pdf
FINANCIAL IMPACT:
Effective Date: April 17, 2024
Expiration Date: None
Total Dollar Value of Contract: N/A
2358
Total Cost to County: Attorney fee $475.00 plus estimated recording fees of$154.50 = $629.50
(estimated)
Current Year Portion: $629.50 (estimated)
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: N/A
Additional Details: Attorney fee $475.00 plus estimated recording fees of$154.50 (estimated)
2359
County of Monroe
Planning vi eta Resources Dept. Board of County Commissioners
Marathon Government Center Mayor Holly Merrill Raschein,District 5
it
2798 Overseas Highway,Suite 400 � , Mayor ProTem James K. Scholl,District 3
Marathon,FL 33050 � � 00 1 1 ` Craig Cates,District 1
Voice: (305)289-2500 Michelle Lincoln,District 2
FAX: (305)289-2536 David Rice,District 4
CERTIFIED MAIL 7021 2720 0000 1837 7074
March 28, 2024
Jeffrey King
242 Navajo St
Islamorada, FL 33070-
Re: Notification of One-Hundred Eighty Day Deadline to submit plan revisions for Building Permit
Application—Allocation Award for Building Permit Application 20-20-0303
NOT LIKELY TO ADVERSELY AFFECT ( !° AAA DETERM I ATIQ
Dear Mr. King:
The Planning and Environmental Resources Department (Department) forwarded a report to the Monroe
County Planning Commission that included a ranking of applications submitted for the second quarter,
year thirty-two of the Dwelling Unit Allocation System. On 2/28/2024 the Planning Commission held a
public hearing to review the report and rankings. As a result of that meeting, and pursuant to Section 138-
26 of the Monroe County Land Development Regulations and Resolution 03-24, the Planning
Commission granted your application an allocation award.
e applicant shall submit plan revisions tote building applicationy 9/24/2024, demonstrating
full compliance with the current r Building o e in effect, otherwise the applicant shall
forfeit the ROGO allocation awar rs a t to Monroe County Code Sections - ( ) and 138-
25(1). If the permit is not issued e the permitshall automatically expire and become null and
void pursuantto Monroe e Section 6-102. Once the permit is issued, remember t
obtain e required inspection appr v s in the allowable time frames so that the permit does not
expire. er i expires, then e allocation award x ires, which means the project would be
subject tote ROGO process again.
The building permit 20-20-0303 cannot be issued until you provide and comply with the following items:
1. Department of Health permit or a letter from the local sewer authority indicating the residential
unit will be on a sewer system with immediate hook up required.
2. Pursuant to Rick Griffin, Building Official any plans submitted prior to the Jan. 1st, 2024, date and
approved by our department plan review and forward to ROGO for their approval must be updated
to the new code cycle if the permit was not issued. Applicants must also satisfy any other task or
activity required to comply with regulations, requirements, or conditions to obtain a building
permit.
3. If applicable to your application, coordination with other state or federal agencies for impacts to
wetlands or other surface waters may be required. This coordination could result in additional
changes to your building plans which would require further review. If you choose to pick up your
permit prior to the completion of your coordination with the other state or federal agencies, the
Allocation Ltr NLAA 180 day Page 1 of 2
20-20-0303
2360
County of Monroe
County may require you apply for and to receive a"Notice to Proceed"prior to the commencement
of development.
4. Applications cannot be revised that would result in a reduction of ROGO points which were the
basis of the allocation award. Section 138-25(i)(2) of the Monroe County Land Development
Code, states: "After receipt of an allocation award, and either before or after receipt of a building
permit, but prior to receipt of a certificate of occupancy, no revisions shall be made to any aspect
of the proposed residential development which formed the basis for the evaluation review,
determination of points and allocation rankings, unless such revision would have the effect of
increasing the points awarded."
5, Your property is within one or more Species Focus Areas for federally protected species. In order
to meet your obligations under the Federal Endangered Species Act, you must comply with the
USFWS issued Biological Opinion. Review of your permit application by the Department has
resulted in a determination that the proposed development is "NOT LIKELY TO ADVERSELY
AFFECT" federally protected species under the Endangered Species Act. This determination was
made based on the permit application information and may be further based upon the assumption
that you will agree to certain specific conditions included in the building permit. These conditions
may include, but are not limited to:
• Providing mitigation to compensate for lost habitat in accordance with Sections 118-2 and
118-8 of the Monroe County Land Development Code.
• Acknowledging receipt of a copy of the U.S. Fish and Wildlife Service's indigo snake
protection measures and agreeing to implement the measures and post the informational
sign on-site during development.
• Recording a Deed Restriction agreeing that no free-roaming cats shall be allowed on the
subject property.
Please contact the Monroe County Planning & Environmental Resources Department to determine
if any of these conditions apply to your permit.
Please allow ample time to provide and comply with the above requirements. When you have
secured the required documents, submit them tote Building Department [Upper Keys (305) 453-
8800; Middle (305) 289-2501 or Lower Keys, or (305) 295-39901 to coordinate and schedule an
appointment for the processing of your application.
AS INDICATED, PRIOR TO BUILDING PERMIT ISSUANCE THE ABOVE ITEMS MUST BE
COMPLETED. Once the permit is issued, remember to obtain the required inspection approvals in
the allowable time frames so that the permit does not expire. If the permit expires, then the
allocation award expires,which means the project would be subject to the ROGO process again.
If you need further information, please contact me at(305)289-2513.
Sincerely,
10
Tiffany Stankiewicz, Development Administrator
cc: Monroe County Building Department
Allocation Ltr NLAA 180 day Page 2 of 2
20-20-0303
2361
Scull-Paunece
From: CKK <ckkduckhouse@gmail.com>
Sent: Tuesday, March 12, 2024 10:18 PM
To: Hurley-Christine
Cc: Schemper-Emily; Greg Oropeza; Guerra-Cynthia; Scull-Paunece; Lustberg-Elizabeth; rains-devin;
Tolpin-Devin; Shillinger-Bob; Gambuzza-Dina; Rosch-Mark; Stankiewicz-Tiffany;
KKsaltlife@outlook.com
Subject: Re: FW: 217 Schooner Ln Duck Key
Attachments: LOTS 4 AND 13 survey.pdf
CAUTION
To whom it may concern,
I am the property owner of 00383770-000000 and 00383860-000000. 1 purchased the second lot with an existing
covenant ("OR3015-249 Duck Key DR Private Covenant 00383860-000000")that eliminated the ability to obtain a permit
to build. I am requesting the elimination of the Duck Key DR Private Covenant and a replacement Unity of Title, after I
obtain a ROGO allocation, which would enable me to build my primary home with habitable space over the lot line onto
the lot purchased from the County, as long as it isn't detached habitable space.
I attached a copy of a combined survey.
Sincerely,
Jeffrey and Kellie King
2362
RESOLUTION NO. 378 -2019
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE COUNTY ATTORNEY TO
INITIATE THE STATUTORY PROCESS FOR
DISPOSING OF ELEVEN (11) VACANT COUNTY
OWNED LOTS ON DUCK KEY THROUGH THE
STATUTORY PROCESS PROVIDED THAT THE LOTS
ARE DEED-RESTRICTED TO PROHIBIT THE
CONSTRUCTION OF PRINCIPAL RESIDENTIAL
STRUCTURES THEREON AS PART OF THE
COUNTY'S DENSITY REDUCTION PROGRAM.
WHEREAS, in 2016, the County Commission initiated a Density Reduction Program to
purchase development rights from the owners of private property in anticipation of the State's
expected cessation of new development once the current pool of Rate of Growth Ordinance
(ROGO) allocations expires; and
WHEREAS, the goals of the County's Density Reduction Program are to 1) reduce
ongoing development pressures and the resulting effect on hurricane evacuation clearance times,
2) reduce the demands on public facilities and infrastructure and 3)protect property owner rights,
thus ultimately avoiding unnecessary costs associated with defending property rights claims; and
WHEREAS, the BOCC has an obligation to review County owned property and ensure it
is being maintained at its highest and best use; and
WHEREAS, the BOCC and the Monroe County Land Authority (hereinafter "MCLA")
entered into an interlocal agreement on October 19, 2016 regarding the acquisition of infill
property for density reduction, among other government purposes; and
WHEREAS, the BOCC acquired eleven (11) vacant parcels on Duck Key, Florida:
RE00379720-000000, RE00379800-000000, RE00379820-000000, RE00380440-000000,
RE00383270-000000, RE00383850-000000, RE00383860-000000, RE00380240-000000,
RE00383780-000000, RE00383380-000000, and RE00383390-000000; and
WHEREAS,the BOCC finds that the best and highest use of the eleven(11)county-owned
parcels located on Duck Key, Florida, previously acquired for density reduction purposes, is to
offer the parcels for sale with a deed restriction prohibiting the building of a residential structure
on the parcel; and
WHEREAS, the deed restricted parcel will be offered for sale to the highest and best
bidder pursuant to the requirements set forth in F.S. 125.35(1)(a); and
WHEREAS,the sale of these eleven(11)deed restricted parcels is consistent with Policies
102.4.3 and 102.4.5 of the 2030 Monroe County Comprehensive Plan; and
ti
Page 1 of 2
2363
J
WHEREAS, the Duck Key Property Owners Association, as well as individual property
owners on Duck Key, have expressed an interest in acquiring at least some of the subject lots;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The Whereas clauses set forth above are incorporated herein as
findings by the Board.
Section 2: The County Attorney is authorized to initiate the process set forth in
F.S. 125.35(1)(a) to dispose of the eleven (11) County owned lots
on Duck Key with the following real estate numbers:
RE00379720-000000,RE00379800-000000,RE00379820-000000,
RE00380440-000000,RE00383270-000000,RE00383850-000000,
RE00383860-000000,RE00380240-000000,RE00383780-000000,
RE00383380-000000, and RE00383390-000000
Section 3: The advertisement shall inform prospective bidders that each lot will
be subject to a deed restriction prohibiting the construction of a
principal residential structure on it.
Section 4: Any revenue derived from the sale of these lots shall be deposited
to Fund 308, the fund used to pay for land acquisitions under the
density reduction program.
Section 5: This resolution shall take effect upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Mmroe C int}'
Florida, at a regular meeting of said Board held on the 161" day of October, 2019?_=D
Mayor Sylvia J. Murphy Absent
Cis ; Mayor Pro Tern Danny L. Kolhage Yes `_-J o
+ z� Commissioner Michelle.Coldiron Yes
Commissioner Heather Carruthers Yes a-
_.
Commissioner David Rice Yes
b�
4;
ATTEST: KEVIN MADOK, Clerk BOARD OF COUNTY COMMISSIONERS
OF M OE COUP RIDA
By: By: -�
Deputy Clerk Mayor
MONROE COUNTY ATTORNEY
APPRO S FORM:
R9 R'T'B.. - ILLINO ,JR.
Page 2 of 2 A/�7 k�Y
2364
County of Monroe
H, BOARD OF COUNTY COMMISSIONERS
� F '�l Mayor Heather Carruthers,District 3
Mayor Pro Tern Michelle Coldiron,District 2
The Florida Keys ,, l f
Craig Cates,District 1
- o David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
January 22, 2020
Agenda Item Number: N.17
Agenda Item Summary #6438
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
None
AGENDA ITEM WORDING: Approval to Accept Bid and Sell Duck Key Non-Conservation
Density Reduction Lot Parcel ID No. 00383860-00000 for $25,333.00.
ITEM BACKGROUND: In 2017, the County Commission started purchasing undeveloped single-
family lots from willing sellers to buy down potential takings liability in anticipation of the State
cutting off additional ROGO allocations in 2023. Eleven of these lots are located on Duck Key.
Residents of that community have repeatedly inquired about the possible purchase of these lots for
non-housing uses.
On October 16, 2019, the Board authorized the County Attorney to initiate the statutory process for
disposing of County owned property with respect to these 11 lots on the condition that they be deed
restricted so that no residential housing could be built upon them. Pursuant to the process set forth in
F.S. 125.35, the lots were placed out for bid in December of 2019. The request for bids was
advertised in the Key West Citizen on December 7th and December 14th. The Citizen is the County's
only local newspaper of general circulation that meets the statutory requirements for noticing sale of
excess property. In order to reach more readers, ads were also placed in the Keys Weekly on
December 12th and December 19th and the News Barometer on December 13th and December 20th
Notice was also published online at w.w.w......d1.or.. on the County's website
>
DemandStar.com, and www.MonroeCountybids.com. The request for bids was also publicized on
social media.
Each parcel had a minimum bid that was established by an appraisal. The minimum bid for Parcel
ID No. 003 83 860-000000 was $19,800.
Bids were opened on January 7, 2020. The highest Bid for Parcel ID No. 00383860-000000 was
$25,333.00 and is presented to the Board of County Commissioners for acceptance and authorization
to sell. The Board reserves the right to reject any and all Bids.
County staff has determined that these lots are not required to provide municipal services on Duck
Key. The sale of this lot would reduce the County's maintenance costs and liability exposure should
2365
someone be injured on the lots, as well as return the lot to the tax rolls.
PREVIOUS RELEVANT BOCC ACTION: On 10/16/19, the BOCC adopted Resolution 378-
2019.
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Appraisal for Parcel ID No. 00383860-000000
Final Bid Tabulation Sheet
Bid Packet
Notice of Intent to Award
FINANCIAL IMPACT:
Effective Date: 01/22/2020
Expiration Date: n/a
Total Dollar Value of Contract: $25,333.00
Total Cost to County: n/a
Current Year Portion: n/a
Budgeted: n/a
Source of Funds: n/a
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: Yes If yes, amount: $25,333.00
Grant: No.
County Match: No.
Insurance Required: No.
Additional Details: Proceeds to be deposited into FUND 316 to replenish land acquisition
fund.
Possible Revenue
REVIEWED BY:
Paunece Scull Completed 01/07/2020 5:55 PM
Bob Shillinger Completed 01/07/2020 6:25 PM
Budget and Finance Completed 01/08/2020 8:07 AM
Maria Slavik Skipped 01/07/2020 6:24 PM
2366
Kathy Peters Completed 01/08/2020 10:28 AM
Board of County Commissioners Completed 01/22/2020 9:00 AM
2367
EXECUTIVE SUMMARY-PROPERTY K
LOT 13,BLOCK 6,PLANTATION ISLAND, DUCK KEY
Property: Lot 13, Block 6, Plantation Island, Duck Key, Plat Book
5, Page 82, Monroe County, Florida.
Location: 221 Corsair Drive, Duck Key, Monroe County, Florida.
This location is south of Overseas Highway (U.S.
Highway 1) at Mile Marker 61.
Ownership: Monroe County
1100 Simonton Street
Key West, FL 33040
Date of Valuation: November 1, 2019
Date of Report: November 11, 2019
Interest Appraised: Fee simple estate based on the deed restriction
prohibiting development with a dwelling unit (non-
buildable lot)
Land Area: 7,917 square feet(0.18 acre)
Shape/Dimensions: Mostly rectangular
82.69'x 100.00', more or less
Ownership History: Ownership of the subject property is currently held by
Monroe County. Monroe County purchased the lot,
along with a second, adjacent lot, in December, 2017
from Frank Edmund Lefler and Elizabeth Prout Lefler for
an indicated sales price of $160,000 (ORB 2885, Pg.
1757). To the best of our knowledge, the property is not
currently listed for sale.
Parcel Access: The property is accessible via Corsair Drive. It is not
waterfront.
Real Estate Taxes and Assessments:
Parcel ID: 00383860-000000
Alternate Key: 1467545
2019 Just/Assessed Value: $106,549
2019 Real Estate Taxes: $0.00 (Exempt)
45
JOHNSTC N
2368
Flood Zone: Zone AE (9). Special flood hazard areas subject to
inundation by the 1% annual chance flood. National
Flood Insurance Community Panel Number
12087C I 168K, dated February 18, 2005.
Easements: There are no known easements or encroachments that
would adversely affect the utilization of the subject
property for its highest and best use.
Soil Conditions: No soil report of the property was provided. It is
assumed that the soil is of sufficient load bearing capacity
to support the construction of permanent structures. No
evidence of any adverse soil conditions at the site was
observed upon our visit to the property.
Utilities: All public utilities are available in the area.
Land Use Restrictions: No authoritative report of title has been provided or
reviewed. There do not appear to be any easements or
encroachments that would adversely affect the utilization
of the site.
Environmental Study: An environmental risk study was not provided for our
review. This appraisal report is based on the assumption
that no conditions exist that would adversely affect the
utilization or marketability of the property.
Highest and Best Use: Open space and/or accessory uses
Present Use: Vacant
Future Land Use: RM(Residential Medium); Monroe County
Zoning: IS-M (Improved Subdivision-Masonry); Monroe County
Tier Designation: Tier III (Infill Area)
Habitat: Undeveloped Land
Opinion of Value: $19,800
46,
JOHNSTON
-M&WINU 2369
PHOTOGRAPH OF THE SUBJECT PROPERTY
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Source; Monroe County Property Appraisers Office. Boundaries shown are approximate.
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Bid Deposit
KNOW ALL MEN BY THESE PRESENTS,that we4LLY—
(11
as Principal,hereinafter called the Principal,are held and firmly bound unto Monroe County Board of County
Commissioners as Obligee,hereinafter called the Obligee, in the sum of
IYAVA �61 Ma ---------------------------),which is
(t
A ten(10)percent of the underlying bid am t of Dollars
for the payment of which sum well and truly to be made, the said Principal,bind ourselves,our heirs,
executors,administrators,successors and assigns,jointly and severally,fintily by these presents
WHEREAS,the Principal has submitted a bid
(11crc insert full Parcel ID Number)
NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall-enter a
Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be
specified in the bidding or Contract documents with good and sufficient surety for the faithful performance of
such Contract. This Bid Deposit will be applied to the purchase price should the Principal be awarded the
Contract. The Principal understands the Bid Deposit will be retained by the County until(a)the contract has
been executed,or(b)the ninety-first(91 st)day after the Bid opening,or(c)all Bids have been rejected.
17 -7. G-W elof a,
Signed and sealed this------------------------------------day ............. ......................
------------ ...... .L
rincip Seat)
(Witness)
(Title)
(Witness)
e, %, YANILEY SIERRA GARCIA
MY COMMISSION 9 GG936899
EXPIRES January 07.2024
2376
NON-COLLUSION AFFIDAVIT
1, r\ of the city off Irk Acarding to law on my
oath', and under penalty erjury, depose and say that;
1 1 am—WJ If f k Ina the bidder
making the Bid pursuant" Notice of Accepting Bids for:
The Sale of Eleven (11) County-Owned Non-Conservation Density Reduction Lots
on Duck Key with a Deed Restriction Prohibiting the Construction of Habitable Space
Monroe County, Florida
and that I executed the said Bid with full authority to do so;
2. the price in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such process with any other bidder or with
any competitor;
3. unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder and will not be knowingly disclosed by the bidder prior to
bid opening, directly or indirectly, to any other bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit,or not to submit,a bid for the purpose
of restricting competition;
5. the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained
in this
Il*fd,v' in awarding contracts for said project.
(Signature of Bidder) J (Date)
47 L
STATE OF: Jov 4
.......... ................
COUNTY OF:
PERSONALLY APPEARED BEFORE ME,the undersigned authority, 4-14e-
_____(name of individual si Wing} who, after first bein sworn by me, affixed his/her signature in the space
provided above on this day of 20020
ARY BLI
My commission expires YANILEY SIERRA GARCIA
MY COMMISSION N M368"
EXPIRES January 07,2024
2377
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
ON OE COUNTY,FLORIDA
14
(Company)
warrants that it has not employed,retained or otherwise had act on its behalf any former County officer
or employee subject to the prohibition of Section 2 of Ordinance No. 0 10-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision
the County may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full arnount of any fee, commission,
percentage,gift,or consideration pai to the former County fficer or employee".
(Signature)`
STATE OF -F149".4��:re) 0 (Date)
......................
COUNTY OF
..............
PERSONALLY APPEAR-ED BEFORE ME,the undersigned authority,
who,after first being sworn by me,affixed his/her
Signature ' in the space provided
(Name of individual signing)
Above on this day 20
NOTARY PUBLIC
44-0"N- YANILEY SIERRA GARCIA
1W My COMMISSION N GG936899
EXPIRES January 07,2024
My commission expiresR Em
2378
le-V
BOARD OF COUNTY COMMISSIONERS
Uounty of Monroe Mayor I leather Carruthers District 3
Mayor Pro Tem Michelle Coldiron,District 2
The Florida Keys Craig Cates,District I
DaNid Rice,District 4
S)Ivia J,Murph),District 5
Robert B.Shillinger,County Attorney"
Pedro J, Mercado,Assistant County Attorney' office of the County Attorney
Cynthia L.I]all,Assistant County Attorney" 1111 1211 Street,Suite 408
Christine Limberi-Barrows,Assistant County Attorney** Key West,FL 33040
Derek V.Howard,Assistant County Attorney'* (305)292-3470—Phone
Steven T.Williams,Assistant County Attorney*" (305)292-3516—Fax
Peter ll Morris,Assistant County Attorney**
Patricia Eabics,Assistant County Attorney
Paunece Scull,Assistant County Attorney
Joseph X.DiNovo,Assistant County Attorney
**Board Certified in City,County&Local Govt.Law
January 8, 2020
To: All Bidders
Re: Notice of Intent to Award a Contract
For Sale of Duck Key Parcel ID No. 00383860-000000
To Whom It May Concern:
This letter will serve as notice of Monroe County's intent to award a contract to Kellie King, the highest
bidder for Duck Key Parcel ID No. 00383860-000000 at the January 22, 2020, Meeting of the Board of
County Commissioners.
Monroe County Purchasing Department received bids for the Sale of Duck Key Parcel ID No.
00383860-000000 on January 7, 2020.
Sincerely,
Paunece Scull
Assistant County Attorney
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Doc#2261058 Bk#3015 Pg#249 Recorded 3/24/2020 at 11:16 AM Pages 10
Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK
REC: $86.50
Prepared by/Return to:
Adele V.Stones,Esq.
Oropeza Stones Cardenas
221 Simonton Street
Key West,FL 33040
---------------------------- Space Above This Line For Recording--------------------------
DECLARATION OF RESTRICTION ON FUTURE DEVELOPMENT
THIS DOCUMENT SHALL BE INCORPORATED IN WHOLE AND
REFERENCED BY OFFICIAL RECORD BOOK AND PAGE NUMBER
AND DOCUMENT NUMBER ON.ALL TRANSFERS OF THE BELOW
DESCRIBED REAL PROPERTY,
WHEREAS,this Declaration of Restriction on Future Development(herein"Declaration')is granted this
' day of March, 2020,by Monroe County, a political subdivision of the State of Florida(hereinafter
"Grantor"), whose address is 1100 Simonton Street,Key West,Florida 33040; and is acknowledged and
accepted concurrent with the conveyance and acceptance of ownership and title to be vested in Jeffrey King
and Kellie King(herein"Grantee"),whose address is 88005 Overseas Highway, 10-236, Islamorada,FL
33036.
WHEREAS,the undersigned Grantor,is the sole fee simple title owner(s)of the certain below-described
real property (hereinafter "Restricted Parcel") that is currently undeveloped and is located in Monroe
County,Florida,having a legal description as follows and which is shown on attached Exhibit"A,"which
is hereby incorporated as if fully stated herein:
Parcel Address: 221 Corsair Drive,Duck Key,FL 33050 Approximate Mile Marker:
Parcel(s)/Lot(s): 13 Block: 6
Subdivision: Duck Key Plantation Island
Key: Duck Key Plat Book: 5 Page: 82
Real Estate Number(s): 00383860-000000
WHEREAS,Grantor is a general purpose political subdivision of the State of Florida and is authorized to
engage in the sale of publicly owned property when deemed to be in the best interest of the citizens of
Monroe County to protect and provide for the public health,safety,and welfare;and
WHEREAS,the Restricted Parcel is subject to the jurisdiction and requirements of the Monroe County
Comprehensive Plan and the Monroe County Code(s) as well as voluntarily imposed limitations and
restrictions imposed by this Declaration;and
WHEREAS, Grantee hereby attest(s) his/her/its/their recognition that this Declaration restricts certain
future development of this land,specifically prohibiting the development of any residential dwelling as a
principal use and Grantee acknowledges and accepts the condition hereafter limiting development to
otherwise permitted non-habitable accessory uses to a principal use(residential)if located on an adjacent
or contiguous parcel also owned by Grantee, or if Grantee is not an adjacent or contiguous parcel owner
use shall be restricted to such other non-residential principal and accessory uses as may be pennitted by the
controlling land use district for the Restricted Parcel;and
8
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WHEREAS,the undersigned Grantor and Grantee(s)hereby attest that the transfer of the Restricted Parcel
subject to this Declaration imposing this limitation prohibiting any future residential structure development
is supported by good and valuable consideration;and
WHEREAS, this Declaration does not discharge, exempt, waive, or otherwise release the undersigned
Grantee(s),tenant(s)thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of
the undersigned Grantee(s),or tenant(s)thereto,from their duty to obtain required federal, state, County,
and/or other local approval(s) for any future construction of accessory structures or establishment of
permitted uses upon the Restricted Parcel;and
NOW, THEREFORE, as an inducement to Grantee for and in consideration of Grantor's
transfer/conveyance of good and adequate consideration,the adequacy,sufficiency, and receipt of which
are hereby expressly acknowledged and attested to,the undersigned Grantor hereby grants,creates,imposes
and establishes a Declaration of Restriction on Future Development for and in favor of Grantor upon the
above legally described Restricted Parcel which shall run with the land and be binding upon the undersigned
Grantee(s),and tenant(s),heirs,assigns and successors in interest thereto,and shall remain in full force and
effect forever,and Grantor and Grantee(s)declare(s)and grant(s)and accept 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 density standard of one (1) residential
dwelling unit per platted lot in the Improved Subdivision Land Use District,per this Declaration:
A. The Restricted Parcel shall have a residential density of zero(0)dwelling units.No development
rights may be transferred off of the Restricted Parcel,nor shall any Restricted Parcel be eligible
as a Receiver Site for the transfer of development rights from another Sender Site or location.
B. Limits development on the Restricted Parcel to non-habitable residential accessory use(s)if
otherwise qualified,and/or permitted non-residential principal and accessory uses in the
applicable Restricted Parcel land use district now existing or as it may be amended from time to
time.;and
C. The Restricted Parcel shall not be eligible for use as a land dedication parcel or lot aggregation
parcel for purposes of the ROGO allocation system.The Restricted Parcel shall be worth zero(0)
points for land dedication or lot aggregation.
D. The Restricted Parcel shall not be eligible for use as a land dedication parcel for purposes of the
NROGO allocation system.The Restricted Parcel shall be worth zero(0)points for land
dedication.
3) No Conflicts.The undersigned Grantor hereby covenant(s)with Grantee that Grantor(s)is/are lawfully
seized of the Restricted Parcel in fee simple free and clear of all encumbrances that are inconsistent
with the terms of and exhibits attached to this Declaration.
4) Perpetual Duration.This Declaration is intended to benefit,run with the land in favor of,and shall in
perpetuity inure to Grantor,Monroe County,Florida.
5) 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 Grantor and such construction and interpretation shall be entitled to great weight on trial
and on appeal.
6) Recordation,Amendment,Modification,or Release.
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A. The undersigned Grantee(s)hereby agree to the recording of the Declaration with the Clerk of the
Circuit Court of Monroe County and agree to the re-recording of said documents at any time
Grantor may require in order to preserve its(Grantor's)rights.
B. No amendment or modification to this Declaration is effective unless agreed to in writing by both
Grantor and the undersigned Grantee(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 Declaration 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.
7) Subsequent Reference Requirement.
A. The undersigned Grantee(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 Declaration together with(simultaneously in date and
time with)all future development applications relating to the Restricted Parcel. Such submission
by the undersigned Grantee(s), tenant(s)thereto,the personal representative(s),heir(s), assign(s),
and successor(s) in title of the undersigned Grantee(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 Grantee(s), tenant(s) thereto, the personal
representative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantee(s), and
tenant(s)thereto,must so simultaneously furnish a copy of this filed and recorded Declaration 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 Grantee(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
Declaration and all previously executed and recorded restrictions in any future instrument
conveying title to or an interest in the Restricted Parcel, including the recording book and page
number(s)and document number(s)of this Declaration.
8) Joint-and-Several Liability. If the undersigned Grantee(s), tenant(s) thereto, the personal
representative(s),heir(s), assign(s), and successor(s) in title of the undersigned Grantee(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.
9) Notice and Service of Process.
A. Notice — To Grantor. All notices, consents, approvals, or other communications to Grantor
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
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Attn: Senior Director
Subject: Declaration of Restriction on Future Development
2798 Overseas Highway
Marathon,FL 33050
And with a copy to:
Monroe County Attorney's Office
Subject: Declaration of Restriction on Future Development
1111 12`h Street,Suite 408
Key West,FL 33040
10)Dispute Resolution—Meet-and-Confer Prerequisite.The undersigned Grantee(s),tenant(s)thereto,
the personal representative(s), heir(s), assign(s), or successor(s) in the title of the undersigned
Grantee(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 Declaration, 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 Restricted Parcel(i.e., Upper Keys
— Key Largo, Middle Keys — Marathon, Lower Keys — Key West). The undersigned Grantee(s),
tenant(s) thereto, the personal representative(s), heir(s), assign(s), or successor(s) in title of the
undersigned Grantee(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 Grantor's Motion to Dismiss and Florida Statute Sec. 57.105 (2015)
Motion for Sanctions and Attorney's Fee(or,at Grantor's election(if applicable),their Florida statutory
equivalent(s),Federal equivalent(s),or non-Florida legal equivalent(s).
11) Limitation of Liability.
A. In the event of any litigation concerning the conditions, provisions, revisions, or terms of the
Declaration,Grantor,the undersigned Grantee(s),tenant(s)thereto,the personal representative(s),
heir(s),assign(s),and successor(s)in the title of the undersigned Grantee(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 Grantee(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 Declaration.
C. No Waiver. Grantor shall not be deemed to have waived any rights under this Declaration 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, govermnental, and
any other similar defense, immunity, exemption, or protection against any suit, cause-of-action,
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demand,or liability. Further,no covenant,provision,or term of this Declaration 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 Declaration or be subject to any personal liability or accountability by reason of the execution
of this Declaration.
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 Declaration 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.
12) Enforcement.
A. Default Notice. In the event of breach or violation of the restrictions or terms hereof by Grantee(s),
tenant(s) thereto, the personal representative(s), heir(s), assign(s), or successor(s) in title of the
undersigned Grantee(s),or tenant(s)thereto,Grantor shall provide written"Notice of Default"or
"Notice of Violation"to such breach(es)or violation(s)within thirty(30)days of receiving notice
of such breach(es)or violation(s).
B. Grantee(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 Declaration
shall, without any additional notice beyond this Declaration'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 Declaration 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 Declaration, 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 Grantee(s),tenant(s)thereto,the personal representative(s),heir(s),assign(s),and
successor(s)in title of the undersigned Grantee(s),and tenant(s)thereto,hereby agree that suits,
actions,and proceedings arising out of,related to,or in connection with this Declaration shall
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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,Grantor shall,without liability to Grantor,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 Declaration 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 Grantor has no adequate
remedy at law, or such other legal method as Grantor 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 Declaration 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 Grantee(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 Declaration shall not impair the validity of
this Declaration or the 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 Declaration shall be
at the discretion of the Grantor,Grantor'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 Grantor 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.
13)Duty to Cooperate. Where required under this Declaration or related agreement(s),the undersigned
Grantee(s),tenant(s)thereto,the personal representative(s),heir(s),assign(s),and successor(s) in title
of the undersigned Grantee(s), and tenant(s) thereto, shall, to ensure the implementation of the
government purpose furthered by this Declaration, cooperate with Grantor's reasonable requests
submitted to Grantee(s),tenant(s)thereto,Grantee's personal representative(s),heir(s),assign(s),and
successor(s)in title,and tenant(s)thereto,regarding the terms and conditions contained herein.
14)Inconsistency Partial Invalidity Severability, and Survival of Provisions. If any condition,
provision, reservation, restriction, right, or term of this Declaration, 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.
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15) Cautions 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.
16)No Encumbrances. The undersigned grantee(s), tenant(s) thereto, the personal representative(s),
heir(s), assign(s), and successor(s) in title of the undersigned Grantee(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
Declaration's provision(s),restriction(s),right(s),and term(s)running in perpetuity in favor of Grantor,
Monroe County,Florida.
17) Governing Laws/Venue.This Declaration 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 Declaration 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 Declaration shall be in the Sixteenth Judicial
Circuit in and for Monroe County,Florida.
18)Authority to Attest. Each party to this Declaration represents and warrants to the other that the
execution, delivery, and performance of this Declaration has been duly authorized by all necessary
corporate and other organizational action,as required.
19)Effective Date. This Declaration will become effective upon recordation in the Official Records of
Monroe County,Florida.
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TO HAVE AND HOLD UNTO GRANTOR and GRANTEE FOREVER.
EXECUTED ON THIS=day of March,2020
A�yU U ' a GRANTOR:
First Witness(Print Name) Monroe yotmty,Florida:
First Witness(Signature) Ma r Heat er C ruthers
Second Witness(P 'nt Na e)
Second i nes ignature)
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online
notarization,this f gkday of March,2020 by Heather Carruthers,who is personally known to me or
has produced as identification.
[Notary Seal] Notary Public
;H a} �,, CAROL A.SCHRECK Gr.>- f A-
Si�
MY COMMISSION#GG 068284 inted Name:
�o EXPIRES:February 18,2021
BmM TNv NotM NW UN6'*T-
My Commission Expires:
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Doc.#2261058 Page Number:9 of 10
WITNESSES iTO ALL: GRANTEE(S)
V'�t=`v � Jeffrey King
�F
First Witness(Prin Nai e) Granto t Ame)
g
First Witness(Signature) for No. 1(Si ature)
88005 OVERSEAS Hwy
10-236
Tslamorada FL 33036
(Complete Mailing Address above)
Kellie King
lA �dl�Th
Second Witness(Print Name) Gra for No.2 Print Name)
Second W' ess(Signature) Gran
88005 OVERSEAS Hwy
10-236
Islamorada FL 33036
(Complete Mailing Address above)
STATE OF -F'L,�r iolo.
COUNTY OF flk-N,n,-
The foregoing instrument was acknowledged before me by means of vp/hysical presence or❑online
notarization,this k0ay of March,2020 by Jeffrey King and KeDie King,who are personally known
to me or has produced FL -0 L- as identification.
[Notary Seal] Notary Public
Printed Name: Jwt4W s Va�\j.,J>.,
9- JUDELYS VALLADARES
MY COMMISSION#GG76984
o' ,c�'EXPIRES:February 26,202 i My Commission Expires: p.b. Z U
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Doc.#2261058 Page Number:10 of 10
Exhibit"A"
Lot 13,Block 6,PLANTATION ISLAND,DUCK KEY, according to the Plat thereof,recorded in Plat
Book 5,Page 82,of the Public Records of Monroe County,Florida.
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Block6, Lots 4and 13, Plantation Island
Duck Key
r
/
4
1
r,
i
e o
/
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PREPARED BY AND RETURN TO:
GREGORY S.OROPEZA,ESQ.
ATTORNEY AT LAW
OROPEZA,STONES&CARDENAS,PLLC
221 SIMONTON STREET
KEY WEST,FL 33040
305-294-0252
TERMINATION OF DECLARATION OF RESTRICTION ON FUTURE
DEVELOPMENT
THIS TERMINATION OF DECLARATION OF RESTRICTION ON FUTURE
DEVELOPMENT is entered into this day of 2024 by and between
JEFFREY KING and KELLIE KING (collectively the "KINGS") and Monroe County, a political
subdivision of the State of Florida(hereinafter"MONROE COUNTY") and provides as follows:
WHEREAS, the KINGS executed that certain Declaration of Restriction on Future
Development dated March 20, 2020("Restrictive Covenant"), and recorded on March 24, 2020, in
Official Records Book 3015,Page 249,Public Records of Monroe County,Florida,encumbering the
real property located at 221 Corsair Drive, Duck Key, Florida 33050, and more particularly
described as:
Lot 13,Block 6,PLANTATION ISLAND,DUCK KEY,according to the Plat thereof,
recorded in Plat Book 5,Page 82, of the Public Records of Monroe County,Florida.
Parcel ID No. 00383860-000000 ("Lot 13")
and,
WHEREAS,the KINGS also own adjacent real property to Lot 13 which the KINGS desire to build
a single family residence primarily constructed on the adj acentparcel with a portion of the improvements on
Lot 13. The adjacent parcel is more particularly described as:
Lot 4,Block 6,PLANTATION ISLAND,DUCK KEY, according to the Plat thereof,
recorded in Plat Book 5,Page 82,of the Public Records of Monroe County,Florida.
Parcel ID No. 00383770-000000 ("Lot 4")
WHEREAS,Restrictive Covenant prohibits the KINGS from building any improvements on Lot 13
and the KINGS have requested that MONROE COUNTY release the Restrictive Covenant in
exchange for executing a Covenant of Unity of Title and Restriction on Future Development and/or
Conveyances, executed simultaneously herewith.
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NOW,THEREFORE,in consideration of Covenant of Unity of Title and Restriction on Future
Development and/or Conveyances executed by the KINGS on even date herewith and other good and
valuable considerations, the parties agree as follows.
1. That, contingent upon signing and recording of the Covenant of Unity of Title and
Restriction on Future Development and/or Conveyances, the Declaration of Restriction on
Future Development is hereby released, extinguished, and discharged of record,having no
further force and effect.
SIGNED, SEALED,EXECUTED and acknowledged on this day of 2024.
Witnesses:
By:
Printed Name: Jeffrey King
Printed Name:
By:
Printed Name: Kellie King
Printed Name:
STATE OF FLORIDA )
COUNTY OF MONROE )
Subscribed and acknowledged before me by means of physical presence on this of 2024,
by Jeffrey King and Kellie King,who are personally known to me or who have produced drivers licenses as
identification and who did not take an oath.
Notary Public
My Commission Expires:
My Commission Number is:
2
2392
IN WITNESS WHEREOF,MONROE COUNTY has caused these presents to be executed
in its name by its Board of County Commissioners acting by the Chair or Vice Chair of said board,
the day and year aforesaid.
(OFFICIAL SEAL)
ATTEST:
Clerk (or Deputy Clerk of the
Circuit Court)
Monroe County, Florida
By its Board of County Commissioners
By:
Holly Raschein, Mayor/Chairperson
APPROVED AS TO LEGAL SUFFICIENCY:
County Attorney
3
2393
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 TI III"LE SHALL BE INCORPORATED IN WHOLE AND
REFERENCED BY OFFICIAL RECORD BOOK AND PAGE NUMBER AND
DOCUMENTNUMBER ON ALLTRANSFERS O $ III HE BELOW i ESC BE
REA
L PROPERTY.
WHEREAS, this Unity of Title is granted this day of February 2024, by Jeffrey King and Kellie King, as
husband and wife (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 vacant and which Grantors intend to develop with one
residential dwelling unit and is located in Monroe County, Florida, having a legal description as follows and which
is shown on attached Exhibit"A,"which is hereby incorporated as if fully stated herein:
Parcel Address: 217 Schooner Lane,Duck Key,Florida 33050 Approximate Mile Marker: 61
Parcel(s)/Lot(s): 4 Block: 6
Subdivision: PLANTATION ISLAND,DUCK KEY
Key: 1467456 Plat Book: 5 Page: 82
Real Estate Number(s): 00383770-000000
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`B,"which is hereby incorporated as if fully stated herein:
Parcel Address: Corsair Drive,Duck Key,Florida 33050 Approximate Mile Marker: 61
Parcel(s)/Lot(s): 13 Block: 6
Subdivision: PLANTATION ISLAND,DUCK KEY
Key: 1467545 Plat Book: 5 Page: 82
Real Estate Number(s): 00383860-000000
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
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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 one 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) "A" and`B." If no such consent is attached hereto,the undersigned Grantor
(s),hereby attest(s) to Grantee that no such mortgage(s) and that no such other encumbrance(s) exist(s); and
WHEREAS, this Unity of Title is granted in consideration of the release of that certain Declaration of Restriction
on Future Development dated March 20,2020 and recorded on March 24,2020 in Official Records Book 3015,Page
249,Public Records of Monroe County, Florida; 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
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E. does not prohibit additions to the one lawfully established existing residential unit.
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 as set forth more particularly in Exhibit "C" 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
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County Commissioners (hereinafter `BOCC") approves such rescission, voidance, or release by BOCC
Resolution.
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
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And with a copy to:
Monroe County Attorney's Office
Subject: Unity of Title
1111 12th Street, Suite 408
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
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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
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
2399
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
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 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) Governing 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
2400
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
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.
TO HAVE AND HOLD UNTO GRANTEE FOREVER.
EXECUTED ON THIS day of February 2024
WITNESSES TO ALL: GRANTOR(S)
First Witness Jeffrey King
Print Name:
Address:
Second Witness Kellie King
Print Name:
Address:
STATE OF
COUNTY OF
The foregoing instrument, Covenant of Unity of Title and Restriction on Future Development and/or
Conveyances,was acknowledged before me this day of 2024, by
Jeffrey King and Kellie King, who are 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)
2401
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 County Planning and
First Witness (Signature) Environmental Resources Department(Print Name)
Address:
Senior Director, Monroe County Planning and
Environmental Resources Department(Signature)
Second Witness(Print Name)
Second Witness (Signature)
Address: Date (Print)
STATE OF
COUNTY OF
Before me, the undersigned authority, personally appeared
on this _______day of _20 , who is personally known to me or produced
as proof of identification.
Sworn and subscribed to before me this day of ,20
Notary Public(Print Name and Notary No.)
[NOTARY SEAL]
Notary Public(Signature)
2402
Exhibit A to Unity of Title
Lot 4,Block 6,PLANTATION ISLAND,DUCK KEY,according to the Plat thereof, recorded
in Plat Book 5,Page 82,of the Public Records of Monroe County,Florida.
2403
Exhibit B to Unity of Title
Lot 13,Block 6,PLANTATION ISLAND,DUCK KEY,according to the Plat thereof,recorded
in Plat Book 5,Page 82,of the Public Records of Monroe County,Florida.
2404
Exhibit C To Unity of Title
Unified Parcel
Lot 4 and Lot 13,Block 6,PLANTATION ISLAND,DUCK KEY,according to the Plat thereof,
recorded in Plat Book 5,Page 82,of the Public Records of Monroe County,Florida.
2405
GRANTOR(S') AFFIDAVIT OF NO ENCUMBRANCES
1. WHEREAS,Jeffrey King and Kellie King,as husband and wife,the undersigned,is/are the sole fee simple
title owner(s) of the certain below-described real property located in Monroe County, Florida, having a legal
description as follows and which is shown on attached Exhibit "A," which is hereby incorporated as if fully
stated herein:
Parcel Address: 217 Schooner Lane,Duck Key,Florida 33050 Approximate Mile Marker: 61
Parcel(s)/Lot(s): 4 Block: 6
Subdivision: PLANTATION ISLAND,DUCK KEY
Key: 1467456 Plat Book: 5 Page: 82
Real Estate Number(s): 00383770-000000
and
Parcel Address: Corsair Drive,Duck Key,Florida 33050 Approximate Mile Marker: 61
Parcel(s)/Lot(s): 13 Block: 6
Subdivision: PLANTATION ISLAND,DUCK KEY
Key: 1467545 Plat Book: 5 Page: 82
Real Estate Number(s): 00383860-000000
2. WHEREAS,it is true and correct that as of this date no liens,loans,mortgage encumbrances,or non-mortgage
encumbrances, other than those in which Joinder(s) have been executed and submitted for this
Corrective/Superseding Aggregation Restrictive Covenant corresponding to this Affidavit of No
Encumbrances, currently encumber the above legally described real property; and
3. NOW, THEREFORE, the undersigned hereby states that the above legally described property is free of all
liens, loans, mortgage encumbrances, and non-mortgage encumbrances at this time, other than those in which
Joinder(s) have been executed and submitted as part of the Monroe County Covenant of Unity of Title
application corresponding to this Affidavit of No Encumbrances.
2406
EXECUTED ON THIS day of 2024
WITNESSES TO ALL: GRANTOR(S)
First Witness Jeffrey King
Print Name:
Address:
Second Witness Kellie King
Print Name:
Address:
STATE OF
COUNTY OF
The foregoing instrument, Grantor(s')Affidavit of No Encumbrances, was acknowledged before me this_day
of 2024, by Jeffrey King and Kellie King who are personally known to me or have
produced as proof of identification and did take an oath.
Notary Public(Print Name and Notary No.)
[NOTARY SEAL] Notary Public(Signature)
2407
Exhibit A to Affidavit of No Encumbrances
Lot 4 and Lot 13,Block 6,PLANTATION ISLAND,DUCK KEY,according to the Plat thereof,
recorded in Plat Book 5,Page 82,of the Public Records of Monroe County,Florida.
2408