Item K18
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21. 2004
Bulk Item: Yes X No
Division:
Department:
Growth Management
Planning
AGENDA ITEM WORDING: Approval for the transfer of three buildable lots from Lee J. Leighton to Monroe
County by Warranty Deeds and approval for one Restrictive Covenant from Gene Brian Demambro to have one
dwelling unit on contiguous lots described as Lots 7 & 8, Block 6, Cutthroat Harbor Estates 1 st Addition, Cudjoe
Key.
ITEM BACKGROUND: On March 10, 2004 the Planning Commission approved an allocation award for the
applicants listed below provided the applicants' Warranty Deeds and Restrictive Covenant are approved by the
BOCC. Lee J. Leighton submitted the three Warranty Deeds to donate three lots to Monroe County & Gene Brian
Demambro submitted the Restrictive Covenant to Monroe County. The applicants are receiving a dwelling unit
allocation award for the year ending July 13, 2004, have filed the document in accordance with Ordinance No. 47-
1999.
PREVIOUS RELEVANT BOARD ACTION: On November 11, 1999, the BOCC adopted Ordinance No. 047-
1999.
CONTRACT/AGREEMENT CHANGES: N/A.
STAFF RECOMMENDATION: Approval.
TOTAL COST:
x
BUDGETED: Yes N/ A No
COST TO COUNTY:
N/A
SOURCE OF FUNDS: N/ A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/A Year
APPROVED BY: County Atty l OMB/Purchasing N/A Risk Management N/A
DIVISION DIRECTOR APPROVAL: rf~ .14- ~ ,~ _
~J. McGfry, AICP
DOCUMENTATION:
Included X
To Follow
Not Required
AGENDA ITEM # 1:1 P
DISPOSITION:
MEMORANDUM
TO:
FROM:
DA TE:
RE:
Danny Kolhage, Clerk of the Court
Timothy J. McGarry, Growth Management Direc~
April 21, 2004
Clarification of Agenda Item
Land Dedications & Lot Aggregation
Permit
Number
Name on
Agenda Item
Name on
Warranty Deed
Legal
Description
03-1-4095
Lee J. Leighton
Lee J. Leighton
Lot 13, Block 14, Eden
Pines Colony, Big Pine
Key
03-1-4095
Lee J. Leighton
Lee J. Leighton
Lot 23, Block 5, Ramrod
Shores, Ramrod Key
03-1-4095
Lee J. Leighton
Lee J. Leighton
03-1-4095
Gene Brian
DeMambro
Gene Brian
DeMambro
Lot 5, Block 26, Sands
Subdivision, Big Pine
Key
Lots 7 & 8, Block 6,
Cutthroat Harbor Estates
1 sl Addition, Cudjoe Key
r-------.
Prepared by: Carl E. Schror
Po Box 421214
Surnmerland Key
Florida 33042
Property Appraiser's Parcel J.D.
(Folio) Numbers(s)
00303230.000000
(Space above this line for recording data)
WARRANTY DEED
THIS INDENTURE made this day of ,200 _ between Lee J. Leighton, a
Single Man (uGRANTOR(S)"), whose post office address is 2400 E. Las Olas, #276, Ft. Lauderdale, Florida, 33301,
and MONROE COUNTY, a political subdivision of the State of Florida (uGRANTEE"), whose address is 500
Whitehead Street, Key West, Florida 33040.
WITNESSETH
That said Grantors, for and in consideration of the sum ofTEN AND OO/IOOths ($10.00) Dollars and other
good and valuable consideration to said Grantors in hand paid by said Grantee, the receipt whereof is hereby
acknowledged, have granted, bargained and sold to the Grantee and Grantee's heirs and assigns forever the following
described land located in the County of Monroe, State of Florida, to wit:
Lot 5, Square 26, Sands Subdivision, Big Pine Key, according to the Plat thereof, recorded in Plat Book],
Page 65 of the Public Records of Monroe County, Florida.
Parcel Identification Number: 00303230.000000
THE PROPERTY CONVEYED HEREIN IS NEITHER THE DOMICILE NOR THE
HOMESTEAD OF THE GRANTORS HEREIN NOR ANY OF THEIR IMMEDIATE
HOUSEHOLD AS DEFINED BY THE LAWS OF THE STATE OF FLORIDA.
TOGETHER, with all the tenements, hereditaments, and appurtenances thereto belonging or in
any wise appertaining, and TO HAVE AND TO HOLD the same in fee simple forever. The
Grantors hereby covenant with said Grantee the Grantors are lawfully seized of said land in fee
simple, that the Grantors have good right and lawful authority to sell and convey said land, and
hereby warrant the title to said land and will defend the same against the lawful claims of all
persons whomsoever; and that said land is free of all encumbrances, except taxes accruing
subsequent to the date of transfer.
~ ,lj~ /JTftJ;v.;1lJ
,7~*f~n
WIlNESSES:
NOTARY:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this
3 day of A..o..;/t".-a-A',e., ,2003-- by
who personally appeared before me at the time of notarization and who is personally known to
me or who has produced as identification, and who (did/did not) take an oath.
(QF.'fICIAL SEA.L)
~' "" '. '/ '''." . M';C;,'U'OTARV SEAL -
O' , '\:0 ERICA I GARRtcI< :
I/; llgjJ ~ OOM~sruON, NUMBER i
1[" ~ J? GCll9o~.4
i ~ Or. c-Q, 'W iX'MMIS8ION EXPIRES
".-_.:_t:~.'__ "nr::~~'!._
r!l~J ,
~ ~>j . " '"t,.~
Signatur' of Notary Public - State '(;'f Florida
Personally Known or Produced Identification
Type of Identification Produced
v
----
Prepared by: Carl E. Schror
Po Box 421214
Summerland Key
Florida 33042
Property Appraiser's Parcel I.D.
(Folio) Numbers(s)
00267890.000000
(Space above this line for recording data)
WARRANTY DEED
THIS INDENTURE made this day of ,200 _ between Lee J. Leighton, a
Single Man ("GRANTOR(S)"), whose post office address is 2400 E. Las Olas, #276, Ft. Lauderdale, Florida, 33301,
and MONROE COUNTY, a political subdivision of the State of Florida ("GRANTEE"), whose address is 500
Whitehead Street, Key West, Florida 33040.
WITNESSETH
That said Grantors, for and in consideration of the sum ofTEN AND OO/lOOths ($10.00) Dollars and other
good and valuable consideration to said Grantors in hand paid by said Grantee, the receipt whereof is hereby
acknowledged, have granted, bargained and sold to the Grantee and Grantee's heirs and assigns forever the following
described land located in the County of Monroe, State of Florida, to wit:
Lot 13, Block 14, Eden Pines Colony, Big Pine Key, according to the Plat thereof, recorded in Plat Book 4,
Page 158 of the Public Records of Monroe County, Florida.
Parcelldentitication Number: 00267890.000000
THE PROPERTY CONVEYED HEREIN IS NEITHER THE DOMICILE NOR THE
HOMESTEAD OF THE GRANTORS HEREIN NOR ANY OF THEIR IMMEDIATE
HOUSEHOLD AS DEFINED BY THE LAWS OF THE STATE OF FLORIDA.
TOGETHER, with all the tenements, hereditaments, and appurtenances thereto belonging or in
any wise appertaining, and TO HAVE AND TO HOLD the same in fee simple forever. The
Grantors hereby covenant with said Grantee the Grantors are lawfully seized of said land in fee
simple, that the Grantors have good right and lawful authority to sell and convey said land, and
hereby warrant the title to said land and will defend the same against the lawful claims of all
persons whomsoever; and that said land is free of all encumbrances, except taxes accruing
subsequent to the date of transfer. IJJ1:
WITNESSES: _. /.
i-'. JX\~t~ /,' I1>ATht "7
\. f~' ~ ~ ~. "I1J;I!J;;r''7
SI &:"-$: _.' , // ~eJ.Lel~n/k/t~/?"D
Sign & Print N"", SkilL T" ,M L r7--P
NOTARY: (
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this
.:J day of k:J/J,o.,/:Jfl'.L ,200 --3- by
who personally appeared before me at the time of notarization and who is personally known to
me or who has produced as identification, and who (did/did not) take an oath.
(OFFICIAL SEAL)
~o~' Y", "',~,S (',:~,:~~,'~;:,';.~::'"!~,",':~,'_:,,,:,','"
.,.~ d~~ ~lV r0M~ffi~ r:Y~p[.'"
~~____ .nr:f'...25..?!)('~ ".l...:..
Personally Known _ or Produced Identification ~
Type of Identification Produced
........----.
P~bY
Carl E. Schror
Po Box 421214
SummerIand Key
Florida 33042
Property Appraiser's Parcel LD.
(Folio) Numbers(s)
00207810.000000
(Space above this line for recording data)
WARRANTY DEED
THIS INDENTURE made this day of ,200 _ between Lee J. Leighton, a
Single Man ("GRANTOR(S)"), whose post office address is 2400 E. Las Olas, #276, Ft. Lauderdale, Florida, 33301,
and MONROE COUNTY, a political subdivision of the State of Florida ("GRANTEE"), whose address is 500
Whitehead Street, Key West, Florida 33040.
WITNESSETH
That said Grantors, for and in consideration of the sum ofTEN AND OO/IOOths ($10.00) Dollars and other
good and valuable consideration to said Grantors in hand paid by said Grantee, the receipt whereof is hereby
acknowledged, have granted, bargained and sold to the Grantee and Grantee's heirs and assigns forever the following
described land located in the County of Monroe, State of Florida, to wit:
Lot 23, Block 5, Ramrod Shores, Ramrod Key, according to the Plat thereof, recorded in Plat Book 4, Page
6 of the Public Records of Monroe County, Florida.
Parcel Identification Number: 00207810.000000
THE PROPERTY CONVEYED HEREIN IS NEITHER THE DOMICILE NOR THE
HOMESTEAD OF THE GRANTORS HEREIN NOR ANY OF THEIR IMMEDIATE
HOUSEHOLD AS DEFINED BY THE LAWS OF THE STATE OF FLORIDA.
TOGETHER, with all the tenements, hereditaments, and appurtenances thereto belonging or in
any wise appertaining, and TO HAVE AND TO HOLD the same in fee simple forever. The
Grantors hereby covenant with said Grantee the Grantors are lawfully seized of said land in fee
simple, that the Grantors have good right and lawful authority to sell and convey said land, and
hereby warrant the title to said land and will defend the same against the lawful claims of all
persons whomsoever; and that said land is free of all encumbrances, except taxes accruing
subsequent to the date oftransfer. _ ~!
WITNESSE&--
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intN ,/. '/~;~f ~FMA
NOTARY: ~'~ r7k~
STATE OF FLORIDA
COUNTY OF MONROE
~YATTORNEY
S TO FORM
Date: iI#
~
The foregoing instrument was acknowledged before me this
:3 day of /l..t:)vlj;;~/J/r""" ,200 --2- by
who personally appeared before me at the time of notarization and who is personally known to
me or who has produced as identification, and who (did/did not) take an oath.
(OFFICIAL SEAL)
lorida
r',;\"
(~,::~" ,.,>"c-._,: ~"l ~I.", /., '~'-r1
(:~~I:Y,y"V;'I'~,:',
:~':'f f" ~rf.':;''S'<:::',,'''i. r-v"<<",----
f:r.:r: ~"':~n""'!'
Personally Known or Produced Identification V'
Type of Identification Produced
Prepared by: Carl E. Schror
Po Box 421214
Summerland Key
Florida 33042
(Space above this line for recording data)
LOT AGGREGATION RESTRICTIVE COVENANT
I. Whereas, Lee J Leighton, A single man, and Gene Brian DeMambro, A single man, undersigned are the
sole owners of the following described real property located in Monroe County, Florida:
Lots: 7 & 8 Block: 6
Subdivision: Cutthroat Harbor Estates First Addition
Key: Cudjoe Key PB: 5-60
Real Estate Numbers: 00184540.000000, 00184550.000000
2. Whereas, this lot Aggregation Restrictive Covenant that restricts the use of the legally described
property in order to receive a building permit; and
3. Whereas, the above described parcels were assigned additional points in the Permit Allocation System
for building permit number 03-] -4095 for the voluntary reduction of density through aggregation of vacant, legally
platted, buildable lots.
4. Now, Therefore, the undersigned agree as follows:
The above described parcels shall have its density reduced from two dwelling units to one dwelling
unit in consideration of a building permit to build a single-family residence; and
The restrictions herein shall be binding upon the representatives, heirs, assigns and successors in
title of the undersigned; it being the intention of the undersigned by execution and recording of the
document that this restriction shall run with the land and shall be forever binding upon the
successors in title; and
The covenant is intended to benefit and run in favor of the County of Monroe; and
EXECUTED ON THIS
In the event of any breach or violation of the covenant contained herein, the said County may
enforce the covenant by injunction or such other legal method, as the County deems appropriate.
;;24 DAY OF J).ec ern ber-
llc-t
..~.-,,'-
WITNESSES:
STATE OF FLORIDA
COUNTY OF MONROE
~7 /' /
( ,/'
~/
NOTARY:
The fore~oing instrument was acknowled~ed before m.e this . .',
~;)"'l../ day ofDeC ' ,200~ by U'e5. l~ '~h-J-I1f) f1nd~e'A,--,o.....n )e~
who personally appeared before me at the time of notarization an who is personally own to
me or who has produced as identification, and who (did/did not) take an oath.
"
. S
MY COMMISSION' 00 180635
EXPIRES: March 9, 2007
Bonded Thru Notary Public Underwriters
Lot Aggregation Restrictive Covenant
'" _ _I T'"_4_"_ "T.._L.__~. f\f\1 0;14:'11(\ nf\i\l\nn not VII"''''/) ()(\()(\(\O
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