10-AFFIDAVIT OF ACKNOWLEDGMENT OF RECORDED DEED RESTRICTION.docx
DOCX document 30 KB Posted
- Solicitation number
- ITB-654
- Issued by
- Monroe County, Florida
About this file
This is an Affidavit of Acknowledgment of Recorded Deed Restriction prepared by Monroe County, Florida, relating to the county-owned property located at 2855 Overseas Highway, Marathon, Florida (Parcel Identification No. 00321730-000000) that is being sold pursuant to Monroe County Resolution 123-2026. The affidavit requires the purchaser, owner, or prospective owner to acknowledge receipt and understanding of a Declaration of Restriction recorded in the Official Records of Monroe County, Florida, at Book 3408, Page 114. The document confirms that the affiant has had the opportunity to review the Declaration of Restriction in its entirety and understands that it is a legally binding covenant running with the land that will bind all future owners, successors, assigns, and heirs.
The Declaration of Restriction imposes a medical use restriction on the property through the year 2036, prohibiting Monroe County and any successor owner from developing or utilizing the property for medical-related uses, with limited exceptions for non-profit federally qualified health centers and low-cost health providers offering comprehensive primary and behavioral health care services that are already operating within the City of Marathon. The affidavit must be notarized and signed by the purchaser to evidence acknowledgment of this restriction prior to transfer of the property by Statutory Quit Claim Deed pursuant to Florida Statute 125.411.
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Other files
| File | Type | Posted |
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| 6-Attachment D.10 Non-Collusion Affidavit 11 12 25.pdf | ||
| 8-Deed.pdf | ||
| 1-Bonfire Packet FINAL lgl appvd.docx | DOCX document | |
| 7-Attachment D.9 Sworn Statement Under Ordinance No. 010-1990 11 12 25 LobbyingConflict.pdf | ||
| 9-Fishermens Health Inc Corrective Declaration of Restrictions Recorded.pdf | ||
| 4-Property Record Card.pdf | ||
| 5-Bid Deposit.docx | DOCX document | |
| 2-Legal Notice.docx | DOCX document | |
| 11-Bid Form.docx | DOCX document | |
| 3-Resolution 123-2026 SIGNED 5.20.26 Approving Sale.pdf |
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Text version
AFFIDAVIT OF ACKNOWLEDGMENT OF RECORDED DEED RESTRICTION
STATE OF FLORIDA
COUNTY OF __________________
Before me, the undersigned authority, personally appeared ______________________________ ("Affiant"), who, being first duly sworn, deposes and states as follows:
1. Identity of Affiant. Affiant is the purchaser, owner, or prospective owner of the real property located in Monroe County, Florida, more particularly described as:
Property Address: 2855 Overseas Highway, Marathon, Florida 33050 Legal Description:
RE#00321730-000000 (the "Property").
2. Acknowledgment of Recorded Restriction. Affiant acknowledges that the Property is subject to a Declaration of Restriction recorded in the Official Records of Monroe County, Florida, at Official Records Book 3408, Page 114 (the "Declaration of Restriction").
3. Notice of Restriction. Affiant acknowledges having received notice of the Declaration of Restriction and understands that it contains legally binding covenants and restrictions affecting the use of the Property.
4. Medical Use Restriction. Affiant specifically acknowledges and understands that the Declaration of Restriction provides that, until the year 2036, neither Monroe County nor any successor owner of the Property may develop or utilize the Property for medical-related uses, except for those low-cost health providers, operators, and users of comprehensive primary and behavioral health care services that:
· are already operating and/or providing medical services within the City of Marathon, Florida; and
· are non-profit federally qualified health centers, all as more fully set forth in the Declaration of Restriction.
5. Opportunity to Review. Affiant acknowledges having had the opportunity to review the Declaration of Restriction in its entirety and understands that this Affidavit does not amend, modify, or replace the recorded Declaration, which shall control in the event of any inconsistency.
6. Binding Effect. Affiant understands that the Declaration of Restriction runs with the land and is binding upon the Property and its owners, successors, assigns, heirs, personal representatives, and any other persons claiming an interest in the Property, as provided therein.
7. Purpose of Affidavit. This Affidavit is executed for the purpose of evidencing Affiant's acknowledgment of the existence of the recorded Declaration of Restriction and Affiant's understanding that the Property is subject thereto.
FURTHER AFFIANT SAYETH NAUGHT.
Affiant Signature Printed Name: ______________________________ Date: ___________________
NOTARY ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF __________________
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization this ____ day of ______________, 20, by ____________________________________, who is personally known to me or who has produced ______________________________ as identification.
Notary Public, State of Florida Printed Name: ______________________________ My Commission Expires: ______________________ Commission No.: ____________________________ image1.png
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