Unity of Title 09/04/2024 Doc#2473692 Bk#3291 Pg#1095 Electronically Recorded 9/5/2024 at 3:28 PM Pages 17
Filed will Recorded in Official Records of MONROE COUNTY KEVIN MADOK
ElectronicallyREC: $146.00
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156Prepared 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
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• REFERENCED BY OFFICIAL RECORD BOOK AND PAGE NUMBER AND
DOCUMENT NUMBER ON ALL TRANSFERS OF THE BELOW DESCRIBED
REAL PROPERTY.
thisr 024,
WHEREAS, Unity of Title is granted this day of '��� �rby Nicholas J. Giamatti and
Deborah S.Giamatti,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
roe (hereinafter"PrimaryParcel")that is currentlydeveloped with one residential dwellingunit and is located
property P
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: 1857 Narcissus Avet.Bii Pine Kev,FL 33043 Approximate Mile Marker:30
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• Parcel(s)1Lot(s) 16 . „Block: .18
Subdivision Eden Pines Colony,.
Key:..... 1340499 •. .. Plat Book; 4 Page: .........:.... 158
Real'Estate Number(s): .00268860-000000 •
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:
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Parcel Address:.. 1857 Narcissus Ave.,Big Pine Key,.FL 33043 _Approximate Mile Marker:30
Parcel(s)/Lot(s): 15 Block: ... 18... .......
.... .......
Subdivision: Eden Pines Colony `P
Key: 1340499.,. Plat.Book: 4 Page:. 158
Real Estate Number(s): 00268860-000000
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
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 payment in the amount of Sixty Thousand, Four
Hundred Ten and 00/100 dollars($60,410.00)by Grantee to Grantor;and
WHEREAS, the undersigned Grantor(s) and Grantee hereby attest that such County payment in consideration
was/were given pursuant to this Unity of Title, and that this Unity of Title,together with its restrictions,conditions,
and limitations on future residential structure development are supported by good and valuable consideration; and
WHEREAS,this Unity of Title does not discharge,exempt,waive,or otherwise release the undersigned Grantor(s),
tenant(s) thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned
Grantor(s),or tenant(s)thereto,from their duty to obtain required federal,state,County,and local approval(s)for any
future construction of accessory structures or establishment of uses upon the Unified Parcel; and
NOW, THEREFORE, as an inducement to Grantee for and in consideration of Grantee's payment of good and
adequate consideration, the adequacy, sufficiency, and receipt of which are hereby expressly acknowledged and
attested to,the undersigned Grantor(s)hereby grants,creates,and establishes a Covenant of Unity of Title for and in
favor of Grantee upon the above legally described Unified Parcel which shall run with the land and be binding upon
the undersigned Grantor(s), and tenant(s) thereto, and shall remain in full force and effect forever, and Grantor(s)
declare(s)and grant(s)as follows:
1) Recitals.The foregoing recitals are true and correct and are hereby incorporated as if fully stated herein.
2) Restriction on Development.Notwithstanding the general permitted density,this Unity of Title:
A. limits the total density of the Unified Parcel to one residential dwelling unit; and
B. retires all other density and prohibits the transfer of density; and
C. prohibits new accessory structures providing habitable space on the Unified Parcel; and
D. does not prohibit accessory uses and non-habitable accessory structures on the Unified Parcel; and
E. does not prohibit additions to the one lawfully established existing residential unit.
F. notwithstanding the restrictions set forth herein, Grantee acknowledges that Grantor pursuant to Rogo
Exemption Request File #2022-R084 has two (2) ROGO exemptions associated with the Unified Parcel.
While this.Unity of Title restricts development to the Unified Parcel to one (1) single family residence,
nothing contained herein shall restrict the Grantor from moving any excess ROGO exemptions off of the
Unified Parcel.
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
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
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
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 attorneys 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 available under applicable
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
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 Laws/Venue. This Unity of Title is and the construction and enforcement of the restrictions,terms,
and obligations established therefrom are governed by the Monroe County Comprehensive Plan and the Monroe
County Code(s),and shall be liberally construed and enforced in favor of the grant to effectuate the public purpose
of this Unity of Title and the policy(ies) and purpose(s) of the Monroe County Comprehensive Plan and the
Monroe County Code(s). Exclusive venue for any dispute arising from or under, relating to, or in connection
with this Unity of Title shall be in the Sixteenth Judicial Circuit in and for Monroe County,Florida.
23) Authority to Attest. Each party to this Unity of Title represents and warrants to the other that the execution,
delivery, and performance of this Unity of Title has been duly authorized by all necessary corporate and other
organizational action,as required.
24) Integration/Merger. This Covenant of Unity of Title constitutes the entire Covenant of Unity of Title and any
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.
� �
44,046-7-
EXECUTED ON THIS day of September 2024
WITNESSES TO ALL: GRANTOR(S)
I
First op ess i Nichol,.'J.Giamat W
Print 4 me:
Address: ca C`'‘`
444/4"----
/de - - __ -
Second Witness Rae A. Bums Debora S.Giamatti
Print Name: 9 Ships Way
Address: Big Pine Key, FL 33043
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument, Covenant of Unity of Title and Restri,t'ons in Future Development and/or
Conveyances,was acknowledged before me this Ot* day of 2024,by Nicholas J.Giamatti
and Deborah S.Giamatti,who are personally known to me or X produced FL- as
proof of identification and did take an oath.
-
I 0 P RAE A.BURNS ./
* MY COMMISSION#HH 143687 Notary Public(Print Name and Notary No.)
*- �•;:o�.� EXPIRES:October 18 2025
[NOTARY SE1 L Fo
.,,, ;;,, Bonded Thru Notary Public Underwriters
Notary Public(Signature)
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:
/kiu teye-
d&
First Witness(Print Name)
eMlL'( 61 ECM-WI P
.� Senior Director,Monroe CountyPlanningand
iti/vviA (.�� (�`C
First Witnes (Signature) Environmental Resources Department(Print Name)
Address: 102050 Overseas Hwy
Key Largo,FL 33037
Senior Director,Monroe County Planning and
Environmental Resources Department(Signature)
11 e Pr it..111 a
Second Witness( int Name)
�t �f
lei �'
• itness
Secon �, �
Address: 102050 Overseas Hwy Date(Pri t)
Key Largo,FL 33037
STATE OF nor
COUNTY OF in onref,
Before me,the undersigned authority, personally appeared ern 1 �, `r
on this q'l'k day of JULj _20 , who is •-rsonally known t o me or produced
as proof of identification.
Sworn and subscribed to before me this I 'day of ?JUL'/ 20 .
:I-LIE- `Kit I LA u El 03cr1 (0)
Notary Public(Print Name and Notary No.)
[NOTARY SEAL]
iiisdbalwahwebiebiewaraidhAhrlidato Notary blic(Signature)
� iLZE AGUILA
-4.�L+fir: Notary Public-State of Florida
r; �o Commission#NH 030716
�•: k?�' My Comm.Expires Oct 31,2024
4 Bonded through National Notary Assn.
1
1
Exhibit A to Unity of Title
Lot 16,Block 18,EDEN PINES COLONY,according to the Plat thereof,recorded in Plat Book
4,Page 158,of the Public Records of Monroe County,Florida.
Exhibit B to Unity of Title
Lot 15,Block 18,EDEN PINES COLONY, according to the Plat thereof,recorded in Plat Book 4,
Page 158,of the Public Records of Monroe County,Florida.
Exhibit C To Unity of Title
Unified Parcel
Lots 15 and 16,Block 18,EDEN PINES COLONY,according to the Plat thereof,recorded in Plat
Book 4,Page 158,of the Public Records of Monroe County,Florida.
GRANTOR(S') AFFIDAVIT OF NO ENCUMBRANCES
1. WHEREAS,Nicholas J.Giamatti and Deborah S.Giamatti,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: 1857 Narcissus Ave,Big Pine Key,FL 33043 Approximate Mile Marker: 30
Parcel(s)/Lot(s): 16 Block: 18
Subdivision: Eden Pines Colony
Key: 1340499 Plat Book: 4 Page: 158
Real Estate Number(s): 00268860-000000
and
Parcel Address: 1857 Narcissus Ave,Big Pine Key,FL 33043 Approximate Mile Marker:30
Parcel(s)/Lot(s): 15 Block: 18
Subdivision: Eden Pines Colony
Key: 1340499 Plat Book: 4 Page: 158
Real Estate Number(s): 00268860-000000
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.
EXECUTED ON THIS ?i. _ day of SerA4pttlafr 2024
WITNESSES TO ALL: GRANTOR(S)
Fi t itnes,�U
. vLa_ - Nichola J.Giamat
Prin ame: Sr\ 35���
Address: �a c), .ti 1E L-
S .
•in
Second Witness Rae A.Bums Deborah S.Giamatti
Print Name: 9 Ships Way
Address: Big Pine Key,FL 33043
STATE OF FLORIDA
COUNTY OF MONROE
The f.re:oin:instrument,Grantor(s')Affidavit of No Encumbrances,was acknowledged before me this,0day
of 5 '-` 2024, by Nicholas J. Giamatti and Deborah S. Giamatti, who are personally known to me or has produced
as proof of identification and did take an oath.
��04r YpU O: RA EA.BURNS Notary P.:tic(PriOrNavA=and Notary No.)
:* .* COMMISSION 1#HH 143687 a-es' •
[NOTARY S: , '" `,,,,, EXPIRES:October 18 2025 otary (Signature)
o�FL;,•
Public
-,.,,, bonded Thru Notary Public Underwriters
Exhibit A to Affidavit of No Encumbrances
Lots 15 and 16,Block 18,EDEN PINES COLONY,according to the Plat thereof,recorded in Plat
Book 4,Page 158,of the Public Records of Monroe County,Florida.
4
(
•
Prepared by/Return to:
Gregory S.Oropeza,Esq.
Oropeza.Stones Cardenas
221 Simonton Street
Key West,FL 33040
srsas"a-------ew...---'owaieaesw---sv—.Space Above e This Line For Recording
JOINDER F MORTGAGEE
Select Portfolio Servicing, Inc.whose address is 3217 S 1 ticker Lake Drive,Salt Lake City,UT 84119,having a
record interest,more particularly described as being the owner and holder of mortgage dated June 19,2006,in the
:original principal'amount of S450,000.00 given by DEBORAH S.GIAMATTI and- ICHOLAS J.GIAMATTI
(" ortgagor(s)"),to Washington Mutual Bank,FA("Mortgagee(s)"),encumbering the real property described in
'that mortgage, which is recorded in Official'_Records,Book 222o, at Page 268, and having Document Number
1589946,and assumed by the Assignment of Mortgage recorded December 11,2018 in Official Records Book 2939,
Page 2257,having Document Number 2197841 (said mortgage is hereinafter referred to as the"Mortgage"),in the
• lands described in the Covenant of Unity of Title between DEBORAH S. GIAMATTI and NICHOLAS J.
GIAMATTI,I,Grantor(s)/Mortgagee(s),and Grantee,Monroe County,Floc'4'i,hereby joins in,consents to,ratifies
and joins in the filing of the Unity of Title for the purpose of subjecting its mortgage interest to the provisions of the
foregoing Covenant of Unity of Title,executed or to be executed in favor of Monroe County,Florida,with the.intent
that the Mortgage shall be subject to:tile Unity of Title,executed at Key West,Florida,on the date indicated below.
IN WITNESS WHEREOF,Mortgagee ee grants this Joinder and executed this instrument on the date set forth below.
SaMAdains Antonio Yompido
Witness No. I (Print Name) Mortgagee(Print Name)
s,-
aw l- .. , j, F., j F„ .i,
itriess oa 1 (S gnature rigagee(Sig 1turc)v (((:
Memnon Edmunds
step Erickson L ° o '"i isi tz , , ,
Witness No.2(Print Name) Authorized Official Capacity(Director,Officer,Trustee,or others
it„...a.„ 5.1-,-tiny
74141 -
Wit ess No.2(Signature)
STATE OF th
COUNTY OF :"'f .1
The foregoing instrument was(acknowledged/sworn to and subscribed)before me by a_cans of['•:..�hysica'pr; set ce
or[ I online notarization,thisIS_day..of _ • ,2024 by f '16.1.1Apke la
who is/are personally known or[]have produced driver's license as identification.
Al -
[Notary Seal) Notary P l
Printed Name:
Cynthia May
,7, �d,� . CYNTHIA MAY
' `.. votary Public State of Utah oil mission Expires: .
,t M Commission Expires on:
y P
5_________
Ktri
.�,.. April 27,202
`' �'' Comm. Number: 717370