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Item B5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Bulk Item: December 14.2000 Yes X No Division: Growth Management Department: Planning AGENDA ITEM WORDING: Approval for one Restrictive Covenant from Loquat Management Co. to have one dwelling unit on contiguous lots described as Lots 2, & 3, Block 7, Ocean Isle Estates, Key Largo. The applicant receiving one dwelling unit allocation award for the year ending July 13,2000, has filed the document in accordance with Ordinance No. 47-1999. ITEM BACKGROUND: On November 16, 2000 the Planning Commission approved an allocation award for the applicant listed below provided the applicant's Restrictive Covenant is approved by the BOCC. Loquat Management Co. submitted the Restrictive Covenant to Monroe County. PREVIOUS RELEVANT BOARD ACTION: On November II, 1999, the BOCC adopted Ordinance No. 047- 1999. STAFF RECOMMENDATION: Approval. TOTAL COST: None BUDGETED: Yes No N/A COST TO COUNTY: None REVENUE PRODUCING? Yes AMOUNT PER MONTH N/ A APPROVED BY: County Attorney No x x PER YEAR N/A OMB/Purchasing N/ A Risk Management N/ A DIVISION DIRECTOR APPROVAL: DEPARTMENT DIRECTOR APPROV ~ '6 ,. K. DOCUMENTATION: Included x To follow Not required DISPOSITION: Agenda Item #: ~ MEMORANDUM TO:: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management Director ~ December 14,2000 Clarification of Agenda Item Restrictive Covenant Permit Number Name on Agenda Item Name on Restrictive Covenant Legal Description 99-3-2882 Loquat Management Co. Loquat Management Co. Lots 2, & 3, Block 7, Ocean Isle Estates, Key Largo LOT AGGREGATION RESTRICTIVE COVENANT 1. WHEREAS, Loquat Management Co, the undersigned is the sole owner of the following described real property located in Monroe County, Florida, described as follows: Lots: 2 and 3 Block: 7 Subdivision: Ocean Isle Estates Key: Largo PB: 5-14 Real Estate Numbers: 00539680.000000 and 00539690.000000; 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 #99-3-2882 for the voluntary ',\ reduction of density through aggregation of vacant, legally platted, buildable lots; '.'2\~ and :,~, 4. NOW, THEREFORE, the undersigned agree as follows: .:.. . The above described parcels shall have its density reduced from two 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 title; and . This covenant is intended to benefit and run in favor of the County of Monroe; and Lot Aggregation Restrictive Covenant Page 1 of 2 . 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 THIS \ 3 day of J G \, , 2000 OWNER OR OWNERS ~OMU~ C~~-k (S ature) Spencer S\o.f:..L WITNESSES: J. gnature) ~o...,'" ~. Hoc..)&(. (PrintlType Name) r%J/~A~~ (Signature) mU l.- ( tJ fC- "J::rJE:rk:ltYV] (PrintlType Name) (Signature) Sworn before me this ~ '2:, day of ~ \'( , 2000 A.D. E"r~y"\ RoJ\~ Notary Public (Print Name) o - ~~ L Notary Public (Sig at e) My Commission Expires: ~~ Erin R8Ir1H1y *.~* My ComrnIaion CC8oe5oe ~..=' EllJliI'IIF*'-Y10,2G04 Lot Aggregation Restrictive Covenant Page 2 of 2