Resolution 251-2008Doc# 1710584 09/04/2008 12:46PM
Filed & Recorded in Official Records of Doc# 1710584
MONROE COUNTY DANNY L. KOLHAGE Bk# 2378 Pon 2217
RESOLUTION NO. 251 -2008
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS GRANTING APPROVAL OF A
FINAL PLAT FOR THE SUBDIVISION OF LAND INTO 43
RESIDENTIAL LOTS AND TWO COMMERCIAL TRACTS TO BE
KNOWN AS KEY HAVEN ESTATES, WHICH IS A REPLAT OF
KEY HAVEN 4 TH ADDITION LOTS 19 -23, 9 TH ADDITION LOTS
3 -8 AND 11 -24, AND ENCHANTED ISLAND LOTS 39 -44, 63 -72,
AND 77 -83, LOCATED WITHIN SECTIONS 25 AND 26,
TOWNSHIP 67, RANGE 25 EAST, MONROE COUNTY, FLORIDA
follows:
NOW, THEREFORE, the Board of County Commissioners of Monroe County resolves as
Section 1. The Board of County Commissioners makes the following findings:
1. The Board of County Commissioners approved Development Agreement
Resolution 85 -2005 on February 9, 2005 pertaining to the subject properties. The agreement is
between Key Haven Estates, LTD and Monroe County and the duration of the Agreement is ten
(10) years. The permitted uses as outlined in the agreement is for forty-three (43) single - family
estate lots and 10,000 square feet of commercial floor area. Through this platting application, the
applicant intends on meeting this portion of the agreement which required development permits for
an approved resubdivision of the subject properties.
2. The Board of County Commissioners approved Resolution 021 -2005 on September
5, 2005 amending the land use district zoning map from Sub Urban Commercial (SC) to Sub Urban
Residential (SR) for the parcel known as the triangle parcel and from Mixed Use /
Commercial (MC) to Improved Subdivision (IS) for Lots 6, 7, and 8 of the Key Haven's
Ninth Addition and further described as sections 25, Township 67 South, and Range 25
East, Raccoon Key, Monroe County, Florida. The Real Estate Numbers are:
00123170.000000, 00123220.000000, 00139360.000000, 00139350.000000 and
00139340.000000.
3. The Planning Commission approved Resolution P39 -06 on September 13, 2006
granting approval of a preliminary plat for the subdivision of land into forty-three (43) residential
lots and two (2) commercial tracts to be known as Key Haven Estates, which is a replat of Key
Haven 4th Addition Lots 19 -23, 9 addition Lots 3 -8 and 11 -24, and Enchanted Island Lots 39 -44,
63 -72, and 77 -83, located within sections 25 and 26, Township 67, Range 25 East Monroe County,
Florida.
Key Haven Estates and Enchanted Isle P. I of 4 Final Plat Approval
June 18, 2008
4. The Board of County Commissioners granted approval on September 19, 2007 of a
one (1) year extension to file for final plat approval for Key Haven Estates, Inc.
5. The final plat, which was signed and sealed by Frederick H. Hildebrandt on March
6, 2008, was reviewed by the Development Review Committee on June 10, 2008 and recommended
for approval by the Planning Commission on June 11, 2008.
6. After review of the Final Plat application, Staff has found three (3) Real Estate
numbers, which were scrivener's errors, when comparing the Preliminary Plat application packet
with the Final Plat application packet:
1. RE No.: 00123120.000000 does not exist
2. RE No.: 00123250.000000 should be RE # 00123250.000100
3. A portion of the RE # 00 123250.000 100 is used in the final plat
4. RE No.: 00135510.000000 should be RE: No.: 00139510.000000
5. The Preliminary Plat Staff Report stated the plat was dated June 06, 2006;
however it should have been dated June 14, 2006.
7. After review of the Final Plat application, the real estate numbers were corrected
on the Final Plat application packet and signed off by the applicant's agent, Rodney Corriveau,
AICP, The Craig Company, on June 3, 2008.
8. The Planning Commission was presented with the following documents and
information:
A. A final plat of Key Haven Estates dated, signed and sealed by Frederick H.
Hildebrandt, a registered surveyor in the State of Florida, on March 6, 2008; and
B. The Final Plat Application filed by Key Haven Estates, LLC; and
C. The file packet prepared by the Planning Department, which is hereby
incorporated as part of the record; and
D. The Planning Department staff report prepared by Kathy Grasser,
Comprehensive Planner, dated May 20, 2008; and
E. The sworn testimony by the Planning Department staff and the agent for
the applicant.
9. The following Letters of Coordination and other documentation were received:
A. Pursuant to Section 9.5 -83, The Florida Keys Aqueduct Authority (FKAA)
letter dated December 14, 2005, indicates there is adequate water service to this
project.
B. Pursuant to Section 9.5 -83, The Office of the Fire Marshall, Monroe
County, letter dated April 30, 2007, indicated approval of the submitted Fire
Hydrant plan and recommended approval of the subject plat.
C. Pursuant to Section 9.5 -83, The Florida Department of Environmental
Protection letter dated January 3, 2008, addressed the Key Haven Utility
wastewater treatment plant and stated compliance with the State's adopted water
quality standards for wastewater effluent, as addressed in the Consent Order from
the Florida Department of Environmental Protection (OGC FILE NO. 05- 2023 -44-
DW).
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Key Haven Estates and Enchanted Isle P. 2 of 4 Final Plat Approval
Junel8,2008
D. Pursuant to Section 9.5 -83, The Keys Energy Systems letter dated
December 19, 2005 requests that the applicant provide a full set of plans and a
completed project review form (separate form for each new meter) for the replat
project. x o
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E. Pursuant to Sections 9.5 -83 and 9.5 -294, The Key Haven Utility W
Corporation letter dated, December 22, 2005 indicates there is adequate capacity to
serve the 43 residential units proposed for Key Haven and Enchanted Island. m
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F. Pursuant to Sections 9.5 -83 and 9.5 -293, a conceptual storm water N
management plan were provided and indicated they are consistent with the revised
dead end street turn- arounds required by the Fire Marshall.
G. The South Florida Water Management District Environmental Resource
Permit #440 - 00357 -P, issued on January 11, 2007, was approved for the storm
water management master plan.
H. Pursuant to Sections 9.5 -293 and 9.5 -85, the applicant provided a
conceptual street plan. As stated in the Development Agreement per Resolution
No. 85 -2005, Key Haven Estates, LTD shall construct, own and maintain all new
roads and signage and design of roads must be provided to the County Engineer for
review.
I. Pursuant to Sections 9.5 -293 and 9.5 -85, the County Traffic Engineer letter
dated July 20, 2007 stated the Right -of -way permit needs to be obtained once final
plat approval is granted.
J. Pursuant to Section 9.5 -302, cost estimates and construction drawings for
curbs and gutters will be required and shall be reviewed by the County Engineer
prior to final plat approval.
K. Pursuant to Section 9.5 -297, the applicant's final plat remarks "easements
are to be dedicated to the public for utilities or infrastructure, or to be retained for
private use ".
L. Pursuant to Sections 9.5 -88, 9.5 -90, and 9.5 -297, any easements for public
infrastructure such as roads, drainage and utility lines, for example, shall be
provided of the Monroe County Code.
M. Pursuant to Section 9.5 -83 (d), states that no plat shall be approved which
creates an unbuildable lot.
N. Pursuant to the Monroe County Year 2010 Comprehensive Plan, Policy
101.19.2 states "Purchase of a platted lot shown hereon confers no right to build
any structure on such lot, nor to use the lot for any particular purpose, not to
develop the lot. The development or use of each lot is subject to, and restricted by,
the goals, objectives, and policies of the adopted comprehensive plan and land
development regulations implementing the plan; there for, no building permit shall
be issued by the County unless the proposed development complies with the
comprehensive plan and land development regulations."
Key Haven Estates and Enchanted Isle P. 3 of 4 Final Plat Approval
June 18, 2008
O. Pursuant to Sections 9.5 -349, the setback areas are stated in the BOCC
Development Agreement, Resolution #85 -2005 and in the Department of
Community Affairs instrument, Document #1508583, Book 2102, Page 1749.
P. Pursuant to Section 9.5 -426, the County Traffic Engineer letter and Traffic
Analysis, dated January 2006, prepared by Transport Analysis Professionals, Inc
from Miami, Florida was received in the Planning Department
Q. Pursuant to Section 9.5 -303, the applicant provided cost estimates for the
construction of sidewalks.
R. Pursuant to Section 9.5 -85, the Subdivision Bond, No. 5029935, was
submitted and signed by the Bond Safeguard Insurance Company guaranteeing the
installation of all required and conditioned improvements for $5,492,819.51.
Section 2. Based on the preceding findings, the Board of County Commissioners of
Monroe County grants approval of the Final Plat dated, signed and sealed by Frederick H.
Hildebrandt on March 6, 2008 for the subdivision of land into 43 residential lots and two
commercial tracts to be known as Key Haven Estates, which is a replat of Key Haven 4 th Addition
lots 19 -23, 9 1h Addition lots 3 -8 and 11 -24, and Enchanted Island lots 39 -44, 63 -72, and 77 -83,
located within Sections 25 and 26, Township 67, Range 25 east, Monroe County, Florida.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 20tiday of August, 2008.
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Mayor Mario Di Gennaro Yes
Mayor Pro Tem Charles "Sonny" McCoy Yes
Commissioner Dixie Spehar Yes
Commissioner George Neugent Yes
Commissioner Sylvia Murphy No
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA
BY
Mayor Di Gennaro'
(SEAL)
ATTEST; - -DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Key Haven Estates and Enchanted Isle
June 18, 2008
MONO COUNTY T WY
P. 4 of4 Final Plat Approval
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Key Haven Final Plat Request
Doco 1710584
Bkp 2378 Pg# 2220 —A-
overseas HWY.
FINAL PLAT FOR THE SUBDIVISION OF LAND INTO 43 RESIDENTIAL LOTS AND
TWO COMMERCIAL TRACTS TO BE KNOWN AS KEY HAVEN ESTATES, WHICH
IS A REPLAT OF KEY HAVEN 4TH ADDITION LOTS 19 -23, 9TH ADDITION LOTS N
3-8 AND 11 -24, AND ENCHANTED ISLAND LOTS 39-44,63-72, AND 77 -83,
LOCATED WITHIN SECTIONS 25 AND 26, TOWNSHIP 67, RANGE 25 EAST,
MONROE COUNTY, FLORIDA
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overseas HWY.
FINAL PLAT FOR THE SUBDIVISION OF LAND INTO 43 RESIDENTIAL LOTS AND
TWO COMMERCIAL TRACTS TO BE KNOWN AS KEY HAVEN ESTATES, WHICH
IS A REPLAT OF KEY HAVEN 4TH ADDITION LOTS 19 -23, 9TH ADDITION LOTS N
3-8 AND 11 -24, AND ENCHANTED ISLAND LOTS 39-44,63-72, AND 77 -83,
LOCATED WITHIN SECTIONS 25 AND 26, TOWNSHIP 67, RANGE 25 EAST,
MONROE COUNTY, FLORIDA
Bond Safeguard
9 Insurance Company
256 Jackson Meadows Drive - Suite 201
Hermitage, TN 37076
phone (615) 250 -3040
fax (615) 250 -3044
BOND RIDER
To be attached to and form a part of Bond No. 5029935 dated 11/29/07 with Key Haven Estates, LLC as Principal,
and Bond Safeguard Insurance Co, as Surety, in favor of County of Monroe, as Obligee and in the amount of
Five Million Four Hundred Ninety Two Thousand Eight Hundred Nineteen &
511100 Dollars -• - - -- ($5,492,819.51).
It is understood and agreed that the Bond is changed or revised in the particulars as indicated below.
That the bond amount be changed:
From: Five Million Four Hundred Ninety Two Thousand Eight Hundred Nineteen &
511100 Dollars - - - -- ($5,492,819.51)
To: Four Million Eight Hundred Eighty One Thousand Nine Hundred Sixty Seven &
23/100 Dollars - - -- ($4,881,967.23)
Said Bond shall be subject to all its terms, conditions, and limitations, except as herein expressly modified.
This Bond Rider shall become effective the 30th day of November, 2010.
Signed, Sealed and Dated, this 9 day of December, 2010.
Principal
Bond Safeguard Insurance Company
Surety
Witnessed before me this 1 2— day of
January,
i
Benj in McPherson
Jalene Brown- Attorney -in -Fact
POWER OF ATTORNEY
Ao 38180
Bond Safeguard iNSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEG IN UR N MP��►►NNY, app� Illinois a
rinci al office i L rd II' o' h r n It e d n : C hrlstOp er �. 0� S, Jalene tSTOWri
its true and lawful Attorney(s) -In -Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings
or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND
SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company
or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of
indemnity or other writings obligatory in nature of a bond, $
6,500,000.00 S ix milli five hundred thousand dollars
which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such
documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the
regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so
granted may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of
attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of
any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.
Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it
is attached, continue to be valid and binding on the Company.
IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its
President, and its Corporate seal to be affixed this 7th day of November, 2001.
BOND SAFEGUARD INSURANCE COMPANY
A po 1 NSUJq�_
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o a>,.aJas � BY
INSU E David E. Campbell
RANC
c.MPANY
President
ACKNOWLEDGEMENT
On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which
executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By -laws
of said corporation.
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"OFFICIAL SEAL"
MAL:'REEN K. AYE IkAaureen K. Aye
Notary Public, State of Illinois 'Notary Public
My Commission Expires 09/21/13
CERTIFICATE
I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY
CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been
revoked and the resolutions as set forth are now in force.
9th Dec. 10
Signed and Sealed at Lombard, Illinois this Day of
� INSU
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INSURANCE 9
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Donald D. Buchanan
Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files an application for insurance
or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact
material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties."
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