Item Y6
BOARD OF COUNTY COMMIssIONERS
AGENDA ITEM SUMMARY
Meeting Dote:
November 20,2002
Division:
County Attorney
AGENDA ITEM WORDING:
Public hearing of a Declaration of Restrictive Covenant regarding the right-of-way in Hibiscus Park
Subdivision, Key Largo.
ITEM BACKGROUND:
PREVIous RELEVANT 80CC ACTION:
Approval to advertise on October 16, 2002.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
COST TO COUNTY:
BuDGETED: Yes D
NoD
APPROVED BY:
County Attorney 0
OMS/Purchasing D Risk Management D
llIVISIoN DIREcroR APl'ROVAL~
;rAM . DRIC
DOCUMENTATION:
Included D
To Follow D
Not Required D
AGENDA ITEM #
y~
DECLARATION OF RESTRICTIVE COVENANT
The Board of County Commissioners of Monroe County, Florida, who have an
interest in the public roads of Hibiscus Park Subdivision, Key Largo, Monroe County,
Florida, by virtue of the plat of said subdivision, found at Monroe County Plat Book 3,
page 166, wherein said rights-of-way were dedicated to the perpetual use of the
public, makes and enters the Restrictive Covenant below described:
WHEREAS, proposed development in Industrial Acres Subdivision, north of
and adjacent to Hibiscus Park Subdivision, both subdivisions being situated on Key
Largo, Monroe County, Florida, has resulted in public discourse evidencing concerns
by Hibiscus Park property owners and residents that their rural and residential
neighborhood might become congested with traffic to the development adjacent to
Hibiscus Park Subdivision; and
WHEREAS, Hibiscus Lane, the single developed road in Hibiscus Park
Subdivision, could become a main feeder thoroughfare to Industrial Acres
Subdivision upon its development, subject to an increase in traffic of 500 trips per
day; and
WHEREAS, the Board of County Commissioners of Monroe County has
caused a public hearing to be properly noticed and held concerning the establishment
of restrictive covenants governing the public rights-of-way in Hibiscus Park
Subdivision and barring access by any vehicular traffic other than emergency
vehicles from said subdivision to the northerly adjacent subdivision; and
WHEREAS, the Board of County Commissioners of Monroe County has
determined that it is in the best interest of the public that fire trucks and ambulances
be allowed to access Industrial Acres Subdivision through the public rights-of-way in
Hibiscus Park Subdivision;
NOW THEREFORE, BE IT DECLARED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY that:
1. The above recitals are incorporated by reference into this Declaration.
2. The following restrictions affect all of the rights-of-way dedicated to the
public, and not heretofore abandoned by official action of the Board of
County Commissioners of Monroe County, Florida, in the Plat of Hibiscus
Park Subdivision, Monroe County Plat Book 3, page 166, and shall be
construed as covenants running with the land, it being the intent of the
County Commission that the following restrictions shall bind and restrict
the use of the rights-of-way.
3. This Declaration shall be recorded with the Clerk in the Official Records of
Monroe County, Florida.
4. All persons dealing with the rights-of-way and entitled by law to enforce
and compel compliance with this Declaration shall have a full remedy both
in law and in equity to enforce and compel compliance with this
Declaration and to benefit and take advantage of this Declaration;
provided however, that the violation or attempted violation of any
restriction in this Declaration, shall not be deemed to operate or work a
reverter or forfeiture.
5. This Declaration in full does not amend or modify any statements or
representations of the County, or any requirements of the respective
ordinances of the County dealing with the subdividing and platting of land
or the design and construction of improvements, but is intended as
additional covenants and agreements for the purposes set forth here.
6. The County does, by this Declaration, specifically estop itself and all its
successors and assigns from contending in any manner that the above
covenants are not full and adequate covenants running with the land and
binding on the land for all times after the making of this declaration until
expressly modified or amended, if at all, with the consent of the majority
of property owners of Lots in Hibiscus Park Subdivision, Key Largo,
Monroe County, Florida.
7. Invalidation of anyone of these covenants by jUdgment or Court Order
shall in no case affect any of the other covenants which shall remain in full
effect.
SPECIFIC CONDITIONS
1. There shall be installed in the vicinity of the crossover route between
Buttonwood Lane and Hibiscus Lane, Hibiscus Park Subdivision, a
barrier(s) approved by the Monroe County Commission and Fire Marshall
to prevent access from said Subdivision to the adjacent subdivision by any
vehicle other than emergency vehicles.
2. The public rights-of-way in Hibiscus Park Subdivision, Key Largo, Monroe
County, Florida, shall retain the residential character of a small rural lane
providing general access only to the lots in said platted subdivision and
any vehicular access to properties adjacent to said subdivision shall be
limited to emergency vehicles.
IN WITNESS WHEREOF, the Board of County Commissioners has caused
this Declaration of Restrictive Covenant to be executed in its name by its Board of
County Commissioners acting by the Mayor or Vice-Mayor of said Board, this
day of , 2002.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
BY
_,.~ ."~~y~~ON