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Home My WebLink About06/20/2007 Case No. CEO3080337 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: June 25, 2007 TO: Suzanne A. Hutton County Attorney ATTN: Kathy Peters Executive Assistant Pamela G. Hanc~ Deputy Clerk 0 FROM: At the June 20, 2007, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Settlt:ment Agreement in the Code Enforcement Case of Monroe County, Florida v. Valerie F Kennedy, Case No. CE05070055. Enclosed is a duplicate original for your handling. ./ Decla.ration of Restrictions and Covenant in the Code Enforcement Case of Monroe County, Florida v. Tracy Baker, Case No. CE03080337. Enclosed is the original for your handling. Should you have any questions please do not hesitate to contact this office. cc: Growth Management Finance - Kennedy Settlement only File! DECLARATION OF RESTRICTIONS AND COVENANT Whereas, Dr. Tracy M. Baker, Grantor herein, is the fee simple owner of real property located in Monroe County, Florida, more particularly described as; Lot 8, Block 7, Baypoint Subdivision, according to the amended plat thereof as recorded in Plat Book 3, Page 75, of the Public Records of Monroe County, Florida Where,its, the residential structure on the property is a pre-FIRM, ground level residence, which, at the time of purchase, contained a 750 square feet (more or less) apartment on the northerly side of the residence, and Wherells, Dr. Baker demolished the residential apartment and converted it into a storage area with flood compliant building materials, and Whereas, while the conversion of a below flood residential apartment into a storage area is in compliance with FEMA and the Monroe County Land Development Regulations, the work was performed without benefit of a building permit, in violation of the Monroe County Land Development Regulations, and Wherea:s, Monroe County Code Enforcement initiated proceedings against Dr. Baker for work without permit (Case No. CE 03080337) and, on 14th of June 2005 was found in violation, and Whereali Dr. Baker timely filed an appeal of the Code Enforcement case and began negotiations with Monroe County for the resolution of this issue, and Wherea!l, the parties have agreed on the terms of a settlement to resolve the Code Enforcement case and bring the entire property, including the remaining residence into eventual compliance. -1- Now therefore In consideration of the mutual covenants and conditions contained herein and for other good and valuable consideration, Dr. Baker hereby makes the following Declaration of Restrictions and Covenant as to limitations, restrictions, and uses, to which the property which he owns in Baypoint Subdivision may be put, and hereby specifies such Declaration shall constitute a covenant to run with the land, as provided by law, and shall be binding on all persons and all parties claiming under them, and for the benefit of all future owners in such property, this Declaration of Restrictions being designed for the purposes of protecting the property from hurricane damage, keeping the property in compliance with all relevant codes, regulations, and ordinances, and protecting this property, and the surrounding property as is more fully set forth herein. 1. The 750 square feet (more or less) apartment on the northerly side of the residence shall bt2, and shall remain, a storage area as defined in section 9.5-3 16.2 (f) of the Monroe County Land Development Regulations and shall not be equipped or used for habitation purposes. 2. That within two years the date of the acceptance of this Declaration of Restrictions and Covenant by Monroe County, Dr. Baker, his assigns or successors in interest, or the then owners of the property, shall cause the property to come into compliance with all Monroe County Code provisions, in existence or as amended, specifically including but not limited to flood plain and FEMA requirements. It is agreed between the parties that demolishing the residence in its entirety would bring the property into compliance. 3. That upon the acceptance of this Declaration of Restrictions and Covenant by Monroe County, and its recording in the Public Records of Monroe County, Monroe County -2- agrees to abate, without prejudice, the pending Code Enforcement case and waive, withdraw, or release the subject property from any liens, fines, assessments or penalties arising therefrom, pending compliance as set forth herein. 4. Upon the property coming into compliance, these restrictions, conditions, and covenants herein shall terminate and end and be of no further force and effect, and the County shall provide Dr. Baker, his assigns or successors in interest, or the then owners of the property with an Affidavit of Compliance recorded in the Public Records. 5. If the property is not brought into compliance within the time set forth herein Monroe County Code Enforcement may re-initiate the present Code Enforcement case, with all penalties available at law or equity. Dr. Baker, his assigns, or successors in interest, or the then owners of the property hereby waive any defense of Statute of Limitations, Laches, or similar defenses that might arise from this Agreement. 6. That it is the intent of this Declaration of Restrictions and Covenant to bring the subject property into full compliance with FEMA regulations and the Monroe County Land O<evelopment Regulations, and that if the time frames established herein prove impractical or impossible to fulfill, that Dr. Baker, or the then owner of the property can, upon good cause shown, request a reasonable extension of the time frame set forth he'rein by petition to the County Attorney of Monroe County, Florida. It is expl'E!ssly understood and agreed, that these Declaration of Restrictions and Covenant contained herein shall attach to and run with the land, and it shall be lawful for Grantor, his heirs and assigns, but also for Monroe County, through its Code Enforcement Department or other agencies to -3- institute suit or administrative proceedings and prosecute such proceedings at law or in equity against the person or persons iolating or threatening to violate the same. day of .4U " 2006 IN WITNESS WHEREOF, I have set my hand this JAMLJ~I~ Signature of Witness Jh 1\ ~ I ~ f-. en t3R.9R.A-_ inted name of Witness o d(Yv .L ignature of Witness ~ V ~f<' tc....n~A Y^v\t\1e.lIH}~L rinted name of Witness STATE OF FLORIDA , ' COUNTY OF MONROE il\1AA;t,I' D~ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared before me , Tracy M. Baker. who is personally known to me or who has produced as identification and who (did) (did not) take an oath, known to be the person described in and who executed the foregoing, anif11e""acknowledged before me that he executed the same for the purposes set out therein. ;o;/:st- ~.. WITNESS my hand and official seal in the County and State last aforesaid this~ day of _ ,2006. , J/Uit)ULe--~/V ~/'h< / NOTARY PUBLIC, ita; of ~ - Printed Notary Signature ~~'. "'I\'''': ':5,~" ~"'''t\.';;; f407J38f.Olb;;. .,:1, F SHAKEER .':ON * DD565!.6:'i " ;".!OIO ',,~;;,;om ~'~ SHIVONNEFSHAKEER ~WI MY COMMISSION (IJ DDj6.'1~1 "VI".." EXPIRES: lUff 19,2010 t407):JI8.0153 F\oItde~"'l~..com 1t\<;...,.,..,\~"..\IloI<<<.rr..,.I1fo<rllol..,c.........I...,.t CONTINUATION OF SIGNATURE PAGE: DECLARATION OF RESTRICTIONS AND COVENANT Monroe Counw. Florida v. Tnu:v Baker, Case No. CE03080337 Lot 8, Block 7, Baypoint Subdivision, according to the amended plat thereof as recorded in Plat Book 3, Page 75, of the Public Records of Monroe County, Florida (~E~),: A~ij+:, .~~~RK Deputy lCIerk NERS Mayor DI Gennaro JUN 2 0 Z007 MONROE COUNTY ATTORNEY APPROVEC; AS TO FORM: ~~~-- kJit.. :- ~ SUSAN M, GA SLEY ~ ASSIS~NT COUNTY ATTORNEY Dale - /1- (J 7 - 5 -