07/17/1996.ciT:aTL OF FLORTDAL
DIVISION OF ADMINISTRATIVE HEARINGS
DEP NIZ7'MENT OF COMMUNITY AFFAIRS,
Petitioner,
V.
CASE NO. 94--4253 DRI.
XENNETH CIANCHETTL, Owner of Sunrise
Strip Subdivision; and MONROE COUNTY,
a political subdivision of the State of
Florida,
Respondents.
SETTLEMENT_ v GR:Ei NT
This Aareement is entered into ar,ong KENNE'TH C IANCHETTE
(hi=rein '"Ow.^.er") , the FLORIDA DEPARTME"1T OF COMm TvI'A X 'FFAYRS
(herein 11DCAt1 or "the Department") , and rrlo?;1:'t e Co-int (.,ereir..
" o, my") .
W I L N E S S E T H:
WHEREAS, Kenneth C_anchette is the owner of rea.-:. prcP!n'1-~;
kno,an, as Sunr:"se Strin SubdIvIsion, Boot hey, in ll>:inC _!7;'?'at•
Monroe County, Florida., (herein "tbe subject property"); .. ti
TT EREAS, on Septe Seer ; , 1993, Monroe County is-svi c' to ,e
owner a final ,`7. lat for Sunrise Strip Subdivision; anc!
WHEREAS, the Department time-l`y' appealed the f i ral c: %a
approval to the Fler1c:a Land. and !,v7ate:v Ad)l d4. ;atcry C'_*i%'.^.ISSJ.:.iV_
parCuart to Section] 380.079, Florida Statutes: and
WHEREAS, most- �f MCY':r O C^ti�ty, inc +_ucyl:g t--,-.s'LiC
;hrcper; y, is located within t.hc_ Florida Keys krea of Crit.1cal. S-ate
concern, as designated under Sections 380.05 and 380. 0_,52 F l oricf a
S a u-tes j and.
WHEREAS, DC: is the state '1.ana 1.;lanning agency r. he duty
and responsibility of administering and enforcing the provisions of
Chapter 380, Florida Statutes, the rlorida Environmental Land and
Water Management Act of 1972 ("The Act"), and the rules and
regulations promulgated thereunder, which include the Monroe County
land development .regulations; and
WHEREAS, pursuant to Section 3£0.032(3), Florida Statutes, DCA
is authorized to enter into agreements with any landowner,
developer, or governmental agency as may be necessary to effec -aa.te
the provisions and purposes of. The Act or any roles promuigated
thereunder; and
VIikE:P.EAS, the parties wisp: to avoid the. dE ._ , expense and
uncsrt:ainty of litigation and. resolve the pending appeal of the
final plat for Sunrise Subdivision under the teen.= 3,1d c:)Iid_ti::1S
Set forth- herein, and it is in their :.hest interests tc-1 do sc.; arod
WHEREAS, the Departirnient has determined that this agreement is
necessary to of f.ectuate the provisions and purposes of The :act and
the Monroe County land developTnent regulations promulgated
thereUTIder. .
11'Ow, THEREFORE, in consi deratior. of the mut,:. i covenants and
l.`.::t' ertayin•=ss herein, and :in consideration cf the bEEteiits to accrue
tc the uarties to t*n.i.s ag e-enent, the rece_.pt and Sufficlency of
W ich are,here-by acknowi.edged , the parties hereby agree as fol.lows;
1 . c ta.ls A'A reca s contained above art, irc arpora ted
her:: in ;and are essential elements hereof.
. the parties st_.pulate that the zoning designation o
improved Subdivision under -the Monroe ir:'�:�ty Cod? does nct allow a
2
subdivision which was in existence when -Chapter 9.5 of. the. Monroe
County Code was adapted on February 28, 1986, to be replatted for
an increase in buildable lots.
3. The owner agrees to vacate the subject final plat for
Sunrise Strip Subdivision and cause that plat to be removed from
the official records of the Monroe County clerk of court. The
owner shall initiate this process by applying to Monroe County to
vacate_ the plat within 30 days after this agreement is executed.
4. Monroe County agrees to waive any fees associated with
vacating the Sunrise subdivision final plat.
5. after the Sunrise Property's final plat is vacated, the
previous Sombrero Proper -ties final prat shall be in effect.
6. Site Inspections. The owner hereby authorizes any monr-oe
County Growth Management Division employee and any Department of
Corin.unity affairs employee to enter onto the subject propera:y at
reasonable times and under reasonable conditions during the regula
work week, Monday tInrough Friday, between the hours of 8:30 a.m.
and 5: 00 p.m., for the Furpc;se of inspecting the site ffir
compliance with the terms of -.his agreement.
7. Further P.L _IiLi L Wit►.in five (5) working days af:.er
t:he Sunrise Strip Subdivision plat is vacated consistent- with this)
agreement, the Department scull file a r:,otice of voluntary
e 1 .^_ _ Y e -1 o ,_ ..z r r. - r F r i d
1:..5:t'. S •2 C3i 'ti... i�_',`:.=.ice ..:'�c� S :h S .i i.;.c.� b_t�E•: .i. Ji�� Z:lc. _ ._C�_ ...a
Land and Water djudicatory Commission concli,.ding this appeal
proceeding. By his signature hereon, the owner joins in any
request to place this matter in abeyance pending the vacation of
3
the u. r.L e Strip Subdivision fi-nal plat and the filing of a notice
of voluntary dismissal, and joins in any request_ for entry of a
final ord_r consistent with this agreement.
F'Es n %'an of Right to 'Final Hearing. If any party fails
tc, i.^plentert this Y.cjreenent, or if Monroe County refuses to vacate
f ;;e ?:anal plat, airy party shall be entitled to T4rithdraw from this
,gr•e ems sit and seek_ a final hearing in this case by motion filed
F:i,:lh the Florida Land and Water. Adjudicatory Commission.
uthority. This Agreement affects the rigl s
::�A 4 ob:'._iga tions of the parties under provisions of Chapter 380,
.c'lorida. SIt•.a.tutes, relating to areas of critical static concern. It
is riot intended to influence or determine the authority or
�.a i.ssions of any other state or federal government or. aq - ncy it
i ssuarice �1- any ce her permits or approvals that might be r•egaired.
by feds al or state law fcr any development authorized by this
Ag,- eei:lent .
10. Duplicate Originals. This Settlement Agreement may be
executed in any nun;ber of or.J finals, all of wh ch evidence une
agreement, and only one of which Need be produced for any purpose.
'.l. inndin -- eco•datio,:. of Agreement. This Agreement
F;halI iae hi -riding can the parties, their heirs, successors and
Within ten (10 ) days after entry of a final. order by `che
.7),dj ;dicator.y Comm :.ssion thIS
ap�_.c:al, t:Z-e Owner sharecord this Agreement in the public Y•eccrds
of Monre: County, Fl,oa-id«, an shall. promptly provide proof of
recordation to MonY`oe county and the Departnent, including the
4
official records book and page where this Agreement is recorded.
Proof of recordation shall be furnished by hand deilivery or U.S.
Mail, postage prepaid, to Monroe County by directing same to
Lorenzo Aghemo, Planning Director., Growth Management Divis_,M,
Marathon Regional Service Center, 779E Overseas Highway, Suite 400,
N:aratt+on, FL 33050, and to the Department. by di.rec vi ng same to
Yar_=n 3rodeen, Assistant General Counsel, Department :f Corrunity
"Ffairs, 2740 Centerview Drive, Tallahassee, FL 32.399-2100.
12. Release; Costs and L to ney's Fees. The parties i ��r= .v
release each other party frog any and all claims of whatever nature
which arise or may arise out cf the issuance or appeal of the prat
approval idn:ntified in this Agreeiment. Each party sha:,_l bear its
r.:wn costs and attorney's fees incurred in this proceedingf.
13. Entirety _ G�Aareement/��,nendment. TIi'! j 'iC{T" r33:iE'I'i ,
c.c1nst.i.tu� ess the entire agreement of the parties. m1 his I greer..ie t
ray be T-Podi..fied or amended only by a separate writing entered in"cc
between the parties hereto and recorded in the public reccris of
Monroe County as provided in paragraph 11 above.
1.4. Enforcement. 'Phis Agreement inav be enforced by any party
and by Monroe � s provided in Chapter 3 E G FloridaStatutes
C.oun�y a � �.�. ,
or as otherwise allowed by law.
13. Nate of _Agreement , The date of this Agreement is the
latr i'na I&S—% cart• s:i yns and a-:n,.;w ' ed.ges this agrees eni:
5
IN WITNESS WHEREOF, the parties have execute.& th-J-s i -ankgreemt-
on tI)e dates and year below written.
C,
zz'
i�E—NNETH C'IANCHE71L`17E
STATE OF FLORIDA
Cr'U.T."Y OF MONROE
The oregoing instrument was acknowledged. be-forel. me th*1 s
day of NN-*>:� 1995, by KENNETH CIAN'CHEVICE,, w IS
personally khown to me or who h.73 s -;:iroduce6
as ident-41"ication, and v,'111!--
did (did not) take an oath.
q—,
Rotary Public
--FiGIA! NOTARY. BEAL
Name rin
P RA0E(RNyW,4-FA"t;,ed)
C1 COMMISSION NUMBER
CC475619 XP
Co' 2,1999
nm's
My comicissi-on expires:
6
Date
DEPARTMENT OF COMML')Nl"--"Y.AFFAIRS
EB Y
r t C ries son,
_to j�
jVj.S 4 0
'rector, D n of Resource
Planning and Management
4VI
;3"-'r;.k'1,E OF Fl.-ORIDA
OF LIEON
iiment was ackno edged be- or.- -me t'llis -11(� ,pregoinq in.str
d y of 1-90-6, by CHARLES PATTISON, w50--1.1-:7
ly ;-... wn to m.e o4 ^Ate h&-lT pretln,--
and who aid not take an Fl;�7E -71.
Notary Public k&ga-k�
or stantpedI
name Pr
Cc�mvdss.kon liumber
m-v commission expires.,
,,, ... 11",
" Wy fp�
ANN J. WILD
My COMMISSION # CC 224224 EXPIRES
August 30, 1996
BONDED TIM TROY FAIN INSWANCE, INC.
M 0 t '4R,'-) 0 U01"Y
Bv.
D a '1- E�
STATE OF FLORIDA
r.'l
lhe -v7a;s acknowledged befox-e th,Ls
Who is
J•arsonai� has
as id.ent-4f- .cat -ion an,'-, who did not: `---akra an oath.
RUTH ANN JANTZEN
W CO=n Exp. 12/30Y99
puB C> Bonded By Service ins
NO. CC506335
P*809691Kellen I I Other L UL
11 )%--atry tbl ic P,
NaTMe. i'l-yp,,1,-i, or
CC50
Coruniss-lon Number
m
(SEA
U-r-
ATTEST: DIM L. KOLHAGE. CLERK
DEMM CM