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Item J16ADD -ON BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 16 2002 Division: Growth Management Bulk Item: Yes x No Department: Planning AGENDA ITEM WORDING: Approval for one Restrictive Covenant from Island Escapes, LLC to have one dwelling unit on contiguous lots described as Lots 27, 28, 29, 30 and 31, Tavernier Cove No. 1, Key Largo. ITEM BACKGROUND: On September 25, 2002 the Planning Commission approved an allocation award for the applicant listed below provided the applicant's Restrictive Covenant is approved by the BOCC. Island Escapes, LLC submitted the Restrictive Covenant to Monroe County. The applicant receiving one dwelling unit allocation award for the year ending July 13, 2002, 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. CONTRACT/AGREEMENT CHANGES: N/A. STAFF RECOMMENDATION: Approval. TOTAL COST: X COST TO COUNTY: N/A REVENUE PRODUCING: Yes N/A No BUDGETED: Yes N/A No AMOUNT PER MONTH N/A Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A_ DIVISION DIRECTOR APPROVAL: Timot Mc AICP DOCUMENTATION: Included X To Follow, Not Required DISPOSITION: AGENDA ITEM # J_ �' ADD -ON M E M O R A N D U M TO:: Danny Kolhage, Clerk of the Court FROM: Timothy J. McGarry, Growth Management Director DATE: October 16, 2002 RE: Clarification of Agenda Item Restrictive Covenant Permit Name on Name on Legal Number Agenda Item Restrictive Covenant Description 02-3-1201 Island Escapes, LLC Island Escapes, LLC Lots 27, 28, 29, 30 and 31, Tavernier Cove No. 1, Key Largo. LOT AGGREGATION RESTRICTIVE COVENANT 1. WHEREAS, Island Escapes LLC authorized agent, Earnest Gardner. is the sole owner of the following described real property located in Monroe County, Florida, described as follows: Lots: 27, 28, 29, 30, 31 Block: N/A Subdivision: Tavernier Cove 91 Key: Largo Plat Book/Page: PB 1/ Pg. 103 Real Estate Numbers: 00506150.000000, 00506160.000000: 00506170.000000; 00506180.000000.00506190.000000 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 3. WHEREAS, the above described parcels were assigned additional points in the Permit Allocation System for building permit #02-3-1201 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 five 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 upon the successors in tittle; 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. Re# 00506150.000000 & 00506160.000000; 00506170.000000; 00506180.000000; 00506190.000000 Lot Aggregation Restrictive Covenant Page 1 of 2 lo/08/2002 09:53 305-289-2536 PLANNING DEPT PAGE 03l03 FROM • ; _ FAX NO, : �llllqlq�llll 11111111111�pl 11�1111111 UJUI � - JA 0 ik 0 J, v6v000— \^ ,.% 2=0l Oct. OB ?002 06:43PM F3 . j. (PAW) 1�0 -Ar� s SWom bef = me dais , day of 0M A.D. (NAY Public (prat name) ,._ . of r4ft ba�ip�r ! DpQl4�li ND=Y pwft (*nab=) Am My CammieiM Expirm Tins bm*umet preporcd by: KWs Eu&ming Swvxw, Im SM1 oversm m,w;ky Wznumdm, Florida 39036 aktorney's VER �PTO FORM A FF �lE BY Office Re# 0050d150.000000 & 005t160,0W0 ,- 00506170.000OW; 00506140.000000 00506190.000000 Lot Agffepfim Rndiot w covenant Pinta 2 of 2