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Item K27 ADD-ON BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 18. 2002 Bulk Item: Yes X No Division: Department: Growth Management Planning AGENDA ITEM WORDING: Approval for one Restrictive Covenant from Kenneth J. Neuman to have one dwelling unit on contiguous lots described as two parcels ofland in Tract 'A', Eden Pines Colony 1st Addition, Big Pine Key of record in Plat Book 5, Page 26 in the Public Records of Monroe County. ITEM BACKGROUND: On June 6, 1996 the Planning Commission approved an allocation award for the applicant listed below provided the applicant's Restrictive Covenant is approved by the BOCC. Kenneth J. Neuman submitted the Restrictive Covenant to Monroe County. The applicant receiving one dwelling unit allocation award for the year ending July 13,2001, has 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. On June 19, 2002 the Board of County Commissioners approved Resolution No. 263-2002 for a Beneficial Use Determination Promulgated by the Special Master. CONTRACT/AGREEMENT CHANGES: N/A. STAFF RECOMMENDATION: Approval. TOT AL COST: x BUDGETED: Yes N/ A No COST TO COUNTY: 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 C\ ( '\() /./ d^4!~. i:. ..1, ./'/4__ T; 0.. try, AICP ,\ ) . . '-' /! IJ DIVISION DIRECTOR APPROVAL: To Follow_ Not Required_ DOCUMENT A TION: Included X DISPOSITION: AGENDA ITEM # k) '7 MEMORANDUM TO: FROM: DATE: RE: ADD-ON Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management Director01j September 18, 2002 Clarification of Agenda Item Land Dedications Permit Number Name on Agenda Item Name on Warranty Deed 96-1-0393 Kenneth J. Neuman Kenneth J. Neuman Legal Description Two parcels of land in Tract 'A', Eden Pines Colony 151 Addition, of record in Plat Book 5, Page 26 in the Public Records of Monroe County, Big Pine Key. The above described property was previously identified by the following Real Estate # 00270370.000700 and 00270370.000701 and subsequently combined into one RE #0020370.000700 LOT AGGREGATION RESTRICTIVE COVENANT 1. Whereas, Kenneth J. Neuman. a sincle man, the undersigned is the sole owner of the following described real property located in Monroe County, Florida described as follows: Two parcels of land in Tract "A", Eden Pines Colony 1st Addition, of record in Plat Book 5, Page 26 in the Public Records of Monroe County, Florida, and adjacent filled Bay Bottom, more particularly described as follows: Parcel #1: From the southeast corner of Eden Pines Colony First Addition go west along the south line of said Eden Pines Colony First Addition a distance of 595 feet to a point; thence North a distance of 60.08 feet to a point which is the point of beginning; thence continue north a distance of 65 feet to a point; thence west a distance of 126 feet, more or less, to a point on the shoreline; thence south a distance of 65 feet to a point; thence east a distance of 126 feet, more or less, back to the point of beginning. Parcel #2: From the southeast corner of Eden Pines Colony First Addition, Plat Book 5, Page 26 in the Public Records of Monroe County, Florida, go west along the south line of said Eden Pines Colony First Addition a distance of 625 feet to a point which point is the point of beginning; thence north a distance of 60.08 feet to a point; thence west a distance of 96 feet, more or less, to a point; thence south a distance of 60.08 feet to a point; thence east a distance of 96 feet, more or less, back tot he point of beginning. Key: Bic Pine The above described property was previously identified by the following Real Estate Numbers 00270370.000700 and 00270370.000701 and subsequently combined into one Real Estate Number 00270370.000700: and 2. WHEREAS, this Lot Aggregation Restrictive Covenant that restricts the use of the legally described property in order to receive a building permit; and Lot Aggregation Restrictive Covenant Real Estate Numbers: 00270370.000700 Page 1 of2 3. WHEREAS, the above described parcel(s) was assigned additional points in the Permit Allocation System for building permit # 96-1-0393 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 parcel(s) shall have its density reduced from two dwelling units to one dwelling unit in consideration of a building eermit 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 if the undersigned by execution and recording of this document that this restriction shall run with the land and shall be forever binding upon 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 THISU day o~&ZZ; ,,.;2C1C:::2 WITNESSESS: OWN ~AAAA{5levS~ ~Jl~t~-r~) J_ ~v{'e11 API"So" (Printrrype Name) Prepared by: Kenneth J. Neuman 710 NE 1 ih Way Apt. #3 Ft. Lauderdale, FL 33304-3431 ,,'''''1', "D' T" "'"I" ~"'......!'MS;~. lon& "W Ilelms i*?' \;~ MY COMMISSION # D0020309 EXPIRES ~. . : June 26, 2005 '''" "" "" ".....'... BONDED THRU TROY FAiN INSURANCf., INe. ~""" NO EGA 1 FIGI Y BY ; Attorney's Office Sworn before me this ~ 7 day of , ~:L A.D. . Notary Public (Print Name) :])JlWf~-r M '/!/tmS Notary Public (Signature) My Commission Expires 6 -:26 -~ Lot Aggregation Restrictive Covenant Real Estate Numbers: 00270370.000700 Page 2 of2