08/07/1987 AgreementSTATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
IN RE: MONROE COUNTY, FLORIDA )
PLANNING COMMISSION RESOLUTION )
NO. 10-87 ISSUED TO FRED E. )
SNOWMAN, JR., AND FRANCES M. )
SNOWMAN IN AN AREA OF CRITICAL )
STATE CONCERN. }
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SETTLEMENT AGREENENT'BETWEEN THE FLORIDA DEPARTMENT OF
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COMMUNITY AFFAIRS, FRED E. SNOWMAN, AND TRANCES N.
SNOWMAN, AND MONROE COUNTY, FLORIDA
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THIS SETTLEMENT AGREEMENT made by and among Monroe County,
Florida, a political subdivision of the State of Florida ("Monroe
County"); the Florida Department of Community Affairs, an agency
of the State of Florida ("DCA"); and Fred E. Snowman and Frances
11. Snowman ("the Snowmans").
WHEREAS the Snowmans are owners of Lot 63, Section "A",
Matecumbe Ocean Beach on Lower Matecumbe Key, located in Section
21, Township 64 S, Range 35 E, Monroe County, Florida, further
described in Exhibit A which is attached hereto and made a part
hereof (the subject property).
WHEREAS, a controversy has arisen between Monroe County,
DCA and the Snowmans regarding Resolution 10-87 which is marked
Exhibit B and is attached hereto and made a part hereof.
WHEREAS, DCA has filed a petition with the Florida Land
and Water Adjudicatory Commission from Monroe County Planning
Commission Resolution No. 10-87 whereby the denial for a variance
to the 50 foot setback requirement established in Subsection
9-811.L.G. Monroe County Land Development Regulations for the
subject property was overturned by the Planning Commission ("the
Petition"); and
WHEREAS, all parties are desirous of amicably resolving
the controvery and establishing the setback from the beach berm
complex to be allowed on the subject property and to identify
where on the property the structure may be placed.
NOW THEREFORE, in consideration of the mutual covenants
enterd into between the parties hereto to be made and performed,
and in consideration of the benefits accrued to each of the
respective parties, receipt of which is hereby acknowledged, it
is convenanted and agreed to as follows:
Section 1. Incorporation_ by Reference. The above
representations are hereby incorporated by reference and are
acknowledged to be true and correct.
Section 2. Survey. A copy of a survey of the subject
property is'marked Exhibit C and attached hereto and made a part
hereof. The survey shows the mean high water line on the subject
property. No structure shall be located within (50) feet of the
mean high water line on the subject property as it is reflected
on Exhibit C.
Section 3. Execution. This agreement will take effect
upon the signing of it by the last party.
Section 4. Dismissal. Upon execution of this Agreement
the Department will file its Notice of Voluntary Dismissal with
the Florida Land and Water Adjudicatory Commission dismissing its
appeal of Monroe County Planning Commission Resolution No. 10-87.
Section 5. Enforceability —of_Settlement —Agreement.
Enforcement of this Agreement may be in equity against any
parties or persons violating, or attempting to violate, any
provision hereof. The Department may also enforce this
Settlement Agreement pursuant to Section 380.11, Florida
Statutes. The prevailing party in the action, or suit, shall be
entitled to recover, in addition costs and disbursements allowed
by law, such sum as the Court may adjudge to be reasonable for
the services of his attorney.
Section 6. Recording. This Agreement shall be filed of
record among the Public Records of Monroe County, Florida, at the
cost of the Snowmans.
EXECUTED this _ day of Alw ____, 1987.
MONR E COUNTY, FLORIDA
Witnesses:
By:
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— ---1 '�
L. L Lam".° `iMerk
______ .�
At es
County Clerk
-2-
STATE OF FLORIDA )
SS.
COUNTY OF �, )
SWORN TO AND SUBSCRIBED before me this day of
_ 1987.
— ary blic
State of Flori a at Large
My Commission Expires: Nd4rY Mks State of Amid&
Commission Expires June 24; IM
Bonded Thru Troy F.J. - Inauranu, hu.
FLORIDA DEPARTMENT OF COMMUNITY
Witnesses: AFFAIRS
By
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Thomas G. Pelham, Secretary
STATE OF FLORIDA
SS.
COUNTY OF LEON )
SWORN TO AND SUBSCRIBED before me this day of
1987. -----
My Commission Expires:
Witnesses:
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STATE OF FLORIDA
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Notary Public
State of Florida at Large
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Fred E. Snowman, Jr.
SS:
COUNTY OF )
SWORN TO AND SUBSCRIBED before me this day of
, 1987. ---
My Commission Expires:
Witnesses:
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Notary Public
State of Florida at Large
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Frances M. Snowman
1912
STATE OF FLORIDA
SS:
COUNTY OF ---------)
SWORN TO AND SUBSCRIBED before me this day of
1987. ----
My Commission Expires:
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Notary Public
State of Florida at Large
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APPRt?Vct, ii. To FORM
AND LEGAL -SfjF 1C1VwCy
BY &-v
Attorney's Office
Monroe County Commission
RESOLUTION NO. 303 -1987
A RESOLUTION AUTHORIZING THE MAYOR/CHAIRMAN
OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, TO EXECUTE A
SETTLEMENT AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, FRED E.
SNOWMAN AND FRANCES M. SNOWMAN, AND MONROE
COUNTY, FLORIDA, CONCERNING SETTLEMENT OF THE
APPEAL FILED BY THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, IN RE: MONROE COUNTY
PLANNING COMMISSION RESOLUTION NO. 10-87.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that said Board hereby authorizes the
Mayor/Chairman of the Board to execute a Settlement Agreement
between the Florida Department of Community Affairs, Fred E.
Snowman and Frances M. Snowman,
copy of which is attached hereto,
and Monroe County, Florida, a
concerning settlement of the
appeal filed by the Florida Department of Community Affairs, in
re: Monroe County Planning Commission Resolution No. 10-87.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 4th day of August, A. D. 1987.
(Seal)
Attest- DANNY L. KOLHAGE, Clerk
IX r
BOARD OF COUNTY COMMISSIONE S
OF ROE COUN / FLORIDA
AFPROVCD AS TC FORD
AND LEGAL sUFFICIVP Cy.
(Al
ay Attu. n _ ✓. n `-
s Office