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Item B13 ADD-ON BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 22.2001 Bulk Item: Yes X No Division: Growth Management Department: Planning AGENDA ITEM WORDING: Approval for the transfer of four buildable lots from Peter & Donna Norquoy to Monroe County by Warranty Deeds; and the approval for one Restrictive Covenant from Peter & Donna Norquoy to have one dwelling unit on contiguous lots described as Lots 22 & 23, Block 5, Key Haven 10th Addition, Raccoon Key. ITEM BACKGROUND: On December 27, 2000 the Planning Commission approved an allocation award for the applicant listed below provided the applicant's Warranty Deeds and Restrictive Covenant are approved by the BOCC. Peter & Donna Norquoy submitted the Warranty Deeds to donate four lots to Monroe County and the Restrictive Covenant. The applicants receiving a dwelling unit allocation award for the year ending July 13,2001, have filed the documents in accordance with Ordinance No. 47-1999. PREVIOUS RELEVANT BOARD ACTION: On November 11, 1999, the BOCC adopted Ordinance No. 047- 1999. ST AFF RECOMMENDATION: Approval. TOT AL COST: None BUDGETED: Yes No N/A COST TO COUNTY: None REVENUE PRODUCING? Yes AMOUNT PER MONTH N/A No --X_ PER YEAR N/A APPROVED BY: County Attorney X OMB/Purchasing NI A Risk Management NI A DEPARlMENTDIRECTORAPPROVAL: It' ~ ~~ K. Marlene Conaway, Director of. lannmg DIVISION DIRECTOR APPROVAL: Not required DOCUMENTATION: Included X To follow Agenda Item #: cJ - L~/:J DISPOSITION: ADD-ON MEMORANDUM TO:: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management Directk!V1. February 22,2001 Clarification of Agenda Item Land Dedication & Restrictive Covenant Permit Number Name on A2enda Item Name on Warranty Deed Legal Description 00-1-4039 Peter & Donna Norquoy Peter & Donna Norquoy Lots 29 & 30, Block 4, Doctors Arm Subdivision 1 st Addition, Big Pine Key Peter & Donna Norquoy Peter & Donna Norquoy Lot 15, Block 5, Doctors Arm Subdivision 1 st Addition, Big Pine Key Peter & Donna Norquoy Peter & Donna Norquoy Lot 24, Block 18, Palm Villa, Big Pine Key 00-1-4039 00-1-4039 00-1-4039 Peter & Donna Norquoy Lots 22 & 23, Block 5, Key Haven 10th Addition, Raccoon Key Prepared by and return to: Cynthia Civil Attomey at Law 5196 Overseas Highway Marathon, FL 33050 Folio Number: R.E. 00311570-000000, AK 1383643 R.E. 00311580.000000, AK 1383651 R.E. 00311730.000000, AK 1383805 WARRANTY DEED THIS INDENTURE made this ~ day oJtuI/Jn~ . CJ..o{J( ,Between Peter Norquoy and Donna Norquoy, husband and wife, County of Monroe, State of lorida, whose post office address is 201 Front Street/Bldg 21-Suite 109, Key West, FL 33040, Grantors and The County of Monroe, whose post office address is c/o Board of County Commissioners, 500 Whitehead Street, Key West, Florida 33040, of the County of MONROE, State of Florida, Grantee. WITNESSETH, that the said Grantor for and in consideration of the sum of TEN AND NO/100'S ($10.00) Dollars and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee and Grantee's .helrs and assigns forever the following described land situate, lying and being in MONROE county, State of Florida, to wit: Lot 29 and 30, Block 4, and Lot 15, Block 5, DOCTOR'S ARM SUBDIVISION, FIRST ADDITION, according to the Plat thereof, as recorded In Plat Book 4, Page 149 of the Public Records of Monroe County, Florida. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same In fee simple forever. AND, the grantors hereby covenant with said grantees that 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 date of transfer. IN WITNESS WHEREOF, the said Grantors have signed and sealed these presents the day and year first above written. SIGNED AND SEALED IN OUR PRESENCE: 109, Key West, FL 33040 DO~~~ 201 Front StreetIBldg 21.Sul1e 109, Key West, L 33040 .. 1 Ar::~~" -:-') AS TO POlU.: A:...~.....:.' sumcmt'. . p- . Attomey's State of ~ County of~ The foregoing Instrumen~~n acknowledged before me this tf'.4(; day of Norquoy and Donnl-'~\tr, .band and wife, who Is/are perso produced a il..~1 ......~ t1flcatlon. ;::.- ~~. ;:: . -,\-20.1. .. :;i!!! (Seal) ~ fj~~ ~ \ ~ =*i ...... :*: ;.~~ 1CC715376 ;~i "\~..~~~A.~~~ ~?}- ..ZF_~:i.."\"'.~ '~l......~ \)'~ '1111",/'911~~\\""~ ,~/ by Peter me or who has/have -- ~- c.~,~ ~P',/t//f72b Notary Public Printed Name: Prepared by and return to: Cynthia Civil Attorney at Law 5196 Overseas Highway Marathon, FL 33050 Folio Number: R.E. 00281250.000000, AK 31353221 WARRANTY DEED THIS INDENTURE made this ~ day of .J..Qf)U~. :HJDI . Between Peter Norquoy and Donna Norquoy, husband and wife, County of Monroe, State of FI rlda, whose post office address IS 201 Front Street, Bldg 21-Suite 109, Key West, FL 33040. Grantors and The County of Monroe, whose post office address is c/o Board of County Commissioners, 500 Whitehead Street, Key West, Florida 33040, of the County of MONROE. State of Florida, Grantee. WITNESSETH, that the said Grantor for and in consideration of the sum of TEN AND NO/100'S ($10.00) Dollars and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee and Grantee's heirs and assigns forever the following described land situate, lying and being In MONROE county, State of Florida, to wit: Lot 24 Block 18 PALM VILLA according to the Plat thereof as recorded In Plat Book 1 page 89 of the Public Records of Monroe County, Florida. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or In anywise appertaining. TO HAVE AND TO HOLD, the same In fee simple forever. AND, the grantors hereby covenant with said grantees that the grantors are lawfully seized of said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to date of transfer. IN WITNESS WHEREOF, the said Grantors have signed and sealed these presents the day and year first above written. SIGNED AND SEALED IN OUR PRESENCE: ~I#.~ ~ Signature C~ tf,1/V/'~ /11, 11144 a ~J Df:(LC k:- ~. t:')?f'f~ {'i PrInt8d Signature r 1 . Key Wesl, FL 33040 ~--rJM 1d!j Donna orquoy ~ 201 Front Slreet, Bldg 21-8ulte109. Key Wesl, FL 33040 i.~' State of County of The foregoing Instrument was aCknowledged before me this ~.Pf, day of Norquoy and Donna Norquoy, husband and wife, who Is/are perso y known produced a <,,"\I_iWW~tification. ~,~~1i \0\\8 L80"!/~ .s:,., ....... ~'Q".A.. ~ s-" .~....\SSlnl. -. ,'V ~ ~ ...~-:. ..".,~... ~ ~ . .~.J...Q$ ~\.tO'<42& ~:.. ~ ~ f::t ~ ~ 'ii>~ = =*: ..... :*:: s~\ #CC715376 i~~ .~"">-. a .-H -9:;::- ~~..!Jh:_OJIdtcl~A\.lI!r::s~ ~-"'.... .7F"1~;-!.t.<t..;:* ~I.~j):.."..~ 0' ~ :III "4/C. S1""\"~'~ 111""11Il1l\\\\~ (Seal) ~-- ------- ~~,.~ ~?7P'/f1eP Notary Public Printed Name: LOT AGGREGATION RESTRICTIVE COVENANT 1. WHEREAS, Peter Norquoy and Donna Norquoy, a married couple, the undersigned are the sole owners of the following described real property located in Monroe Country, Florida described as follows: Lot(s): 22 and 23 Block-L. Subdivision:. Kev Haven 10th Addition Key: Raccoon PB: 5-114 Real Estate Number(s): 00140850.000000 and 00140860.000000 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 00-1-4039 for the voluntary reduction of density through aggregation of vacant, legally platted, buildable lots; and 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 this document that this restriction shall run with the land and shall be forever binding the successors in title; and . This covenant is intended to benefit and run in favor of the County of Monroe; and . 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. EXECUTED ON THIS ~ day of Jt<."rl utl.-Y~, ~D I WITNESSES: ~jj/~ (Signature) t-t);!//fl'c ffJ. HI44!J (PrintlType Name) ~7 nat Dt)tClc 12- - Cffi::-~ I Y (PrintlType Name) OWNER OR OWNERS ~~~ (Signature) / , BY Sworn before me on this ~ day of ~, . ~ / AD. t!~//G ~t7#/UtJ Notary Public (Print Name) ~\\\\\'" ~"'illl;1. ~"" ~\-i\t., Lee,./II/, #' ~v::.~ ........~ ''11':)" ~~ ~ ...::~1/31(!.\.~:~..: ~ ~ . I"~' , 2- . "..... ~. .:: .. ;... '\J ,~:~ IJ. ......a. '1-.-. ~ .: :.:;- ~_?- :.~ ;J' ~ :to :*: .... :*: .. . . - ~~~ ~fCC7.1S::7S :tf_~;; ~ ~.. , . ..,'.~.;~' 'i: ~<.., ":. ~!on'e( ,::.) ~.;.. (~;';:' ~.' t'.... .'rF.' I ,....' ./v" S ..~.. . A -. fI-m. .:~. ".... ~," .,~ Th' D d b .~ ,.-..,.....,.~" ~ 15 ocument was prepare y: /!I~-;.L/l-. cT:;f:. ~..,:\.~ "'1., . ',,,. ~\'''' Donna Norquoy 'l'ill"'U\'" .- --- ~ Notary Public (Signature) My Commission Expires