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
July 17, 2024
Agenda Item Number: F1
2023-2526
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
25, Lots 14 and 15, Eden Pines Colony 3rd Addition on Big Pine Key near mile marker 30 from
Richard T. Collins and Patricia Collins for density reduction purposes for the price of$54,000.
ITEM BACKGROUND:
This acquisition is proposed pursuant to BOCC Resolution 039-2024 (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 12,000 square foot site located at 1563 Lantana Lane on the bay side of Big
Pine Key and is developed with one dwelling unit. Lot 15 is developed with a house. Lot 14 is a
vacant, landscaped, canal front lot. 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
• Prohibit secondary dwelling units, lock-out units or any other habitable structures, that are
occupied by a separate and independent household on the Unified Parcel, including but not
limited to the existing downstairs enclosure located on the Primary Parcel
• Not prohibit additions to the lawfully established existing residential unit
The Sellers have executed the attached purchase agreement requiring a restrictive covenant to be
recorded in the public records imposing the above restrictions.
The purchase price for the less than fee interest is $54,000, which is the market land value listed for Lot
14 on the Monroe County Property Appraiser's website. The estimated closing costs for this transaction
will be approximately $1,500.
2597
PREVIOUS RELEVANT BOCC ACTION:
The Board established and modified the Less Than Fee program though the adoption of Resolutions:
06/20/18 - 175-2018,
12/19/18 - 438-2018,
02/19/20 - 063-2020,
04/20/22 - 128-2022, which repealed and replaced the previous resolutions, and
01/31/24 - 039-2024, which authorized the BOCC to obtain appraisals for any LTF purchase over
$99,999.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
MCPA Property Record Card- Subject Property
Purchase Agreement with Exhibit A Restrictive Covenant
MCPA Aerial - Subject Property
BOCC Resolution 039-2024 (LTF)
FINANCIAL IMPACT:
Effective Date: July 17, 2024
Expiration Date: None
Total Dollar Value of Contract: $54,000 plus estimated closing costs of$1,500.00
Total Cost to County: $55,500
Current Year Portion: $55,500
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
2598
Revenue Producing:No If yes, amount:
Grant: No
County Match: N/A
Insurance Required: Yes, will be covered by County's liability policy
Additional Details: $54,000 plus closing costs estimated to be approximately $1,500.00
2599
Monroe County, FL
**PROPERTY RECORD CARD**
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 00271870-000000 ,
Account# 1343561
Property ID 1343561
MillageGroup 100H
Location 1563 LANTANA Ln,BIG PINE KEY
Address
Legal BK 25 LT 15 EDEN PINES COLONY 3RDADD BIG PINE KEY P135-59OR400-257OR935-601
Description OR996-2453Q/C OR1080-101 OR1256-3/C OR1266-1888 OR1658-1188 OR1862-157Q/C
O R 1926-1409Q/C O R2062-761 O R2395-1650/51F/J O R2406-885 POA O R2406-886 O R2408-
973/74AMDF/J
II4W W be iAm xl oiiii Ilcg ill ahwunna.in�l,rx.)
Neighborhood 635
Property Class SINGLE FAMILY RESID(0100)
Subdivision EDEN PINES COLONY 3RD ADD
Sec/Twp/Rng 15/66/29
Affordable No s r
Housing a�n��r�����nr�Fl���r,��Owner
a;�Ii.II.IIN�>lrl1a,11ti�Irll.a it a.;;::�u.u.uN�,Ipirlrlla:;u
1563 Lantana Ln 1563 Lantana Ln
Big Pine Key FL 33043 Big Pine Key FL 33043
Valuation
2023 Certified Values 2022 Certified Values 2021 Certified Values 2020 Certified Values
+ MarketlmprovementValue $220,387 $223,176 $198,625 $208,811
+ MarketMiscValue $19,942 $20,473 $20,710 $21,233
+ Market Land Value $429,300 $326,700 $172,800 $162,000
= Just Market Value $669,629 $570,349 $392,135 $392,044
= Total Assessed Value $289,700 $281,263 $273,071 $269,301
School Exempt Value ($25,000) ($25,000) ($25,000) ($25,000)
= School Taxable Value $264,700 $256,263 $248,071 $244,301
Historical Assessments
Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability
2022 $326,700 $223,176 $20,473 $570,349 $281,263 $25,000 $256,263 $289,086
2021 $172,800 $198,625 $20,710 $392,135 $273,071 $25,000 $248,071 $119,064
2020 $162,000 $208,811 $21,233 $392,044 $269,301 $25,000 $244,301 $122,743
2019 $153,900 $213,903 $21,754 $389,557 $231,469 $25,000 $206,469 $158,088
2018 $153,900 $125,194 $18,832 $297,926 $227,154 $25,000 $202,154 $70,772
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Land
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL CANAL(010C) 6,000.00 Square Foot 60 100
Buildings
2600
Building ID 15088 Exterior Walls HARDIE BD
Style STILT2STORY Year Built 1989
Building Type S.F.R.-R1/R1 EffectiveYearBuilt 2004
Building Name Foundation CONCRETE SLAB
Gross SgFt 3180 Roof Type GABLE/HIP
Finished Sq Ft 1456 Roof Coverage METAL
Stories 3 Floor Flooring Type PLYWD/PR BD
Condition AVERAGE Heating Type FCD/AIR DUCTED with 0%NONE
Perimeter 216 Bedrooms 2
Functional Obs 0 Full Bathrooms 2
Economic Obs 0 Half Bathrooms 0
Depreciation% 27 Grade 450
Interior Walls DRYWALL Number of Fire PI 0
Code Description Sketch Area Finished Area Perimeter
CPF COVERED PARKING FIN 336 0 80
FLA FLOOR LIVAREA 1,456 1,456 216
GBF GAR FIN BLOCK 350 0 78
ODU OP PR UNFIN UL 16 0 16
PTO PATIO 336 0 80
PUF SC PRCH FIN UL 252 0 66
SBF UTIL FIN BLK 434 0 116
TOTAL 3,180 1,456 652
Yard Items
Description Year Built Roll Year Size Quantity Units Grade
CONC DAVITS 1988 1989 O x 0 1 1 UT 1
SEAWALL 1987 1988 3 x 60 1 180 SF 2
CONCRETE DOCK 1988 1989 4 x 60 1 240 SF 5
CH LINK FENCE 1988 1989 4 x 220 1 880 SF 1
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee
3/25/2009 $325,000 Warranty Deed 2406 886 38-Unqualified Improved
10/13/2000 $232,500 Warranty Deed 1658 1188 Q-Qualified Improved
7/1/1993 $183,500 Warranty Deed 1266 1888 Q-Qualified Improved
1/1/1989 $1 Warranty Deed 1080 101 M-Unqualified Improved
2/1/1985 $17,000 Warranty Deed 935 601 Q-Qualified Vacant
Permits
Number : Date Issued 0 Date Completed : Amount : Permit Type 0 Notes 0
17107190 1/11/2018 3/16/2018 $69,798 Residential REPLACE VINYL SIDING&RE-ROOF TO STANDING SEAM ROOFING
17101054 2/24/2017 3/16/2018 $2,500 Residential SEWERCONNECTION
11101507 4/4/2011 4/20/2011 $9,500 Residential RE-ROOF-REMOVE&REPLACE WITH NEW METAL ROOF
09102791 9/1/2009 1/1/2010 $1,000 Residential DEMO FOR FEMA COMPLIANCE
09102789 7/24/2009 12/30/2009 $1,500 Residential REPLACE WOOD STAIRS&TREADS
09102124 6/8/2009 12/30/2009 $13,000 Residential RE-ROOF-REMOVE SHINGLES&REPLACE WITH 5 V CRIMP METAL ROOFING
89-2024 9/1/1989 12/1/1989 $200 Residential ENCLOSURE
89-1214 6/1/1989 12/1/1989 $97,020 Residential TO COMPLETE SFR
89-1594 6/1/1989 11/1/1989 $6,000 Residential SEAWALL
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Sketches(click to enlarge)
2601
28
BF
PTO MA) PUIF >
(336) (252)
14 14
15
SBF 2-5 GBF
(35.0) (350) 37 FLA 4
(1036) ``t (16)
14
18 FLA 5
112 k'F 2 (420)
(336),
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2603
Monroe County, FL
**PROPERTY RECORD CARD**
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 00271860-000000 ���
Account# 1343552
Property ID 1343552
MillageGroup 100H
Location Address VACANT LAN LANTANA Ln,BIG PINE KEY
Legal Description BK 25 LT 14 EDEN PINES COLONY 3RDADD BIG PINE KEY PB5-59OR452-876
O R3201-1993 O R3205-0246
'4a]'l','W Ilyu iA°,xl ouii Ilug zll d ucuilna.inil',°,J
Neighborhood 635 �)
Property Class VACANT RES(0000)
Subdivision EDEN PINES COLONY 3RDADD
Sec/Twp/Rng 15/66/29
Affordable No
Housing
1343552�tf%1.� �2 F9,, t0,99,9a'iv.,
Owner
a;�Ii.II.IIN�>lrl1a,11ti�Irll.a it a.;;::�u.u.uN�,Ipirlrlla:;u
1563 Lantana Ln 1563 Lantana Ln
Big Pine Key FL 33043 Big Pine Key FL 33043
Valuation
2023 Certified Values 2022 Certified Values 2021 Certified Values 2020 Certified Values
+ MarketlmprovementValue $0 $0 $0 $0
+ MarketMiscValue $0 $0 $0 $0
+ Market Land Value $54,000 $60,750 $40,500 $40,500
= Just Market Value $54,000 $60,750 $40,500 $40,500
= Total Assessed Value $54,000 $27,672 $25,156 $22,869
School Exempt Value $0 $0 $0 $0
= School Taxable Value $54,000 $60,750 $40,500 $40,500
Historical Assessments
Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability
2022 $60,750 $0 $0 $60,750 $27,672 $0 $60,750 $0
2021 $40,500 $0 $0 $40,500 $25,156 $0 $40,500 $0
2020 $40,500 $0 $0 $40,500 $22,869 $0 $40,500 $0
2019 $31,050 $0 $0 $31,050 $20,790 $0 $31,050 $0
2018 $18,900 $0 $0 $18,900 $18,900 $0 $18,900 $0
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Land
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL CANAL UNPERMITTED(01CM) 6,000.00 Square Foot 60 100
2604
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee
12/15/2022 $50,000 Warranty Deed 2400769 3205 0246 37-Unqualified Vacant
2/1/1970 $1,800 Conversion Code 452 876 Q-Qualified Vacant
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No data available for the following modules:Buildings,Yard Items,Permits,Sketches(click to enlarge).
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2605
AGREEMENT FOR THE PURCHASE OF LESS THAN FEE INTEREST IN LANDS
THIS AGREEMENT is made and entered into this day of , 2024, by and
between
Richard T. Collins and Patricia Collins
(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 25, Lot 15, Eden Pines Colony 3rd Addition, Big Pine Key (PB 5-59)
RE #00271870-000000
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 26, Lot 14, Eden Pines Colony 3rd Addition, Big Pine Key (PB 5-59)
RE #00271860-000000
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 $54,000.00. 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
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)
1
2606
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$54,000.00. 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.
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:
1563 Lantana Lane collins800304OD-bellsouth.net
Big Pine Key, FL 33043
2
2607
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 May 8, 2024, 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/ Richard T. Collins
la., Z 7- 3,d.-
Signature Date Phone Number Email Address gYVIQ;1, cowl
Seller/ Patricia Collins 0
.Qccd- CaQah,,� 95y-'SZ6-3272 ee11; s?oo3oq
Signature Date Phone Number Email Address be n e
Buyer/ COUNTY: MONROE COUNTY, FLORIDA
KEVIN MADOK, CPA, Clerk
By:
As Deputy Clerk Holly Merrill Raschein, Mayor
(Seal)
Date:
3
2608
EXHIBIT A
Prepared by/Return to:
Gregory S. Oropeza,Esq.
Oropeza.Stones Cardenas
221 Simonton Street
Key West,FL 33040
----------------------------- Space Above This Line For Recording----------------------------
COVENANT OF UNITY OF TITLE AND RESTRICTION ON FUTURE
DEVELOPMENT AND/OR CONVEYANCES
THIS UNITY OF TITLE SHALL BE INCORPORATED IN WHOLE AND
REFERENCED BY OFFICIAL RECORD BOOKAND PAGE NUMBER AND
DOC UMENTNUMBER ON ALL TRANSFERS OF THE BELOW DESCRIBED
REAL PROPERTY.
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 two residential dwelling units 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
2609
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 two principal use (residential) structures
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 two residential dwelling units; 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.
2610
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.
2611
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 12"Street, Suite 408
2612
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
2613
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 terns 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
2614
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 poliey(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
2615
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.
2616
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 SEAL] Notary Public(Print Name and Notary No.)
Notary Public(Signature)
2617
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 to me or produced as
proof of identification.
Sworn and subscribed to before me this day of , 20
[NOTARY SEAL] Notary Public(Print Name and Notary No.)
Notary Public(Signature)
2618
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2619
RESOLUTION NO. 039 —2024
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
COMBINING AND REPLACING RESOLUTION 175-2018,
RESOLUTION 438-2018, RESOLUTION 063-2020, AND
RESOLUTION 128-2022, 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,
Page 1 of 6
2620
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
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
Page 2 of 6
2621
of the Less Than Fee Program from the County Attorney, and to refine the prioritization of Less
Than Fee applications; and
WHEREAS, if the purchase price is over $100,000 the County is in a better position,
than the typical Less Than Fee applicant, to obtain an appraisal in a form that is acceptable to
the County:
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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, Resolution 063-2020, and Resolution 128-2022. Although the adoption of
this resolution rescinds those prior resolutions, all actions taken pursuant to
those resolutions are ratified and remain valid.
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;
Page 3 of 6
2622
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,
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
Page 4 of 6
2623
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 and is paid out of County funds.
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 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.
Page 5 of 6
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 31 st day of January, 2024.
Mayor Holly Merrill Raschein,District 5 Yes
Mayor Pro Tem James K. Scholl, District 3 Yes
Commissioner Craig Cates, District 1 Yes
w� Commissioner Michelle Lincoln, District 2 Yes
Commissioner David Rice,District 4 Yes
VIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA
By: By:
As Deputy Clerk Mayor
MONROE COUNTY ATTORNEY'S OFFICE
Approved for form and legal sufficiency
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orc m.nwn a sasye..wuwce coeay socG
Robert B. Shillinger: =:Us.e��,
Robert Shillinger,County Attorney
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Page 6 of 6
2625