07/18/2012 Final JudgmentDoca 1893765 08/01/2012 2:38PM
Filed 6 Recorded in Official Records of
MONROE COUNTY DANNY L. KOLNAGE
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
KEY WEST DIVISION
ALAN CHUNG and ELISABETH REDSECKER,
Plaintiffs,
V .
MONROE COUNTY,
Defendant.
STIPULATED FINAL JUDGMENT
It is hereby ORDERED AND ADJUDGED as follows:
1. The Stipulation Settlement Agreement entered into by and between the
parties, attached hereto and incorporated herewith, be and is hereby
APPROVED by this Court;
2. The parties shall abide by the terms and conditions of this Stipulated
Settlement Agreement and Final Judgment and this Court reserves and
retains jurisdiction for the entry of any and all further orders necessary to
enforce all terms and conditions of the Stipulation Settlement Agreeement.
DONE AN ORDERED in Chambers at Key West, Monroe County, Florida
this_ day of 2012.
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MARK H. NE ,
CIRCUIT G
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CASE NO: 2011- CA- 344111�
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STIPULATED FINAL JUDGMENT
It is hereby ORDERED AND ADJUDGED as follows:
1. The Stipulation Settlement Agreement entered into by and between the
parties, attached hereto and incorporated herewith, be and is hereby
APPROVED by this Court;
2. The parties shall abide by the terms and conditions of this Stipulated
Settlement Agreement and Final Judgment and this Court reserves and
retains jurisdiction for the entry of any and all further orders necessary to
enforce all terms and conditions of the Stipulation Settlement Agreeement.
DONE AN ORDERED in Chambers at Key West, Monroe County, Florida
this_ day of 2012.
BkN 2582 P9N 858
MARK H. NE ,
CIRCUIT G
51
Copies to: All Counsel of Record
BkN 2582 37
PON 859
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
KEY WEST DIVISION
ALAN CHUNG and ELISABETH REDSECKER,
Plaintiffs,
V. CASE NO: 2011 -CA -344 -K
MONROE COUNTY,
Defendant.
STIPULATED SETTLEMENT AGREEMENT AND FINAL JUDGMENT
This Agreement is entered into by and between the Plaintiffs and the Defendant
regarding the Community Inspection Report dated September 8, 2010 which was
necessitated by the Plaintiff s continued participation in the National Flood Insurance
Program for parcel # 00192740 000000, bearing address 586 East Caribbean Drive,
Summerland Key. Florida 33042 and the Circuit Court Case herein, Case No. 2011 -CA-
344-K. The parties having a desire to amicably resolve their differences that have given
rise to this litigation hereby agree to the following terms and conditions:
1. Plaintiffs and Defendant Monroe County hereby agree to the following
settlement:
(a) The elevated "house" (the structure above the original ground -level
house) shall not be extended, expanded or structurally altered in a
substantial manner ("substantial manner' means exceeding 50% of market
value) as defined in Monroe County Code Section 122 -3 unless and until
the original structure (below the base flood elevation lower level of the
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house) is brought into compliance with Monroe County Floodplain codes.
Additionally, the original structure (below the base flood elevation lower
level of the house) shall not be expanded or improved or repaired from
damages of any origin. If this agreement becomes unacceptable to FEMA
then the agreement will be re- visited by both parties.
(b) Plaintiffs agree that use of their single- family house at 586 E.
Caribbean Drive, Summerland Key, Florida will be restricted by
restrictive covenant to single- family use only. Said restrictive covenant is
attached hereto as Exhibit A. The Plaintiffs shall record the restrictive
covenant with the Clerk of Court in the Monroe County Official Public
Records within 5 calendar days of the date of this agreement and shall
provide a certified filed copy to the Defendant within 5 calendar days of
filing.
(c) Both Plaintiffs and Defendant acknowledge that a prior owner of the
property did not convert what is now the below base flood elevation lower
level of the house (the "original house ") to storage and parking only, as
promised, upon obtaining a permit from Defendant for a vertical addition
to the original ground -level house. Plaintiffs and Defendant acknowledge
that upon completion of the vertical addition to the house on July 25,
1995, the Monroe County Building Department inspected the premises
and approved the final building inspection
(d) At the time prior to when the vertical addition was constructed, the
property had been a ground -level home with its floor located at the then
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controlling base flood elevation of eight feet above mean sea level. The
original house was built in 1976 -77. Subsequent to construction of the
original house in 1976 -77, FEMA established a higher base flood
elevation for Plaintiffs' property and surrounding properties rendering the
original house non - conforming.
(e) At the time Plaintiffs purchased the property on October 26, 2000,
they had no knowledge of the property's history as set forth above.
(f) The Defendant recognizes that the elevated house is lawful and not
non - conforming. As long as the below base flood elevation structure
("original house") remains then the elevated house cannot be expanded,
improved or repaired or structurally altered beyond 50% of its market
value. The below base flood elevation lower level structure is a non-
conformity both in current use and construction. The use and structure
may remain as it is now until such time as it is damaged or destroyed or
improved pursuant to Monroe County Code 122 -4 (a)(9).
(g) The Plaintiffs agree that the below base flood elevation lower level
cannot be improved or repaired other than for a permit to remedy a life
safety hazard unless the structure is brought into compliance with Monroe
County Code Chapter 122. The below base flood elevation lower level
may be maintained in its present state. Plaintiffs may make only those
repairs necessary to correct safety violations when necessary and with
proper permits to maintain the below base flood elevation lower level in a
safe condition.
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(h) The parties hereto warrant each to the other that they have
the lawful authority to enter into this Agreement and be bound by this
Agreement and hereby stipulate that they shall be estopped to claim
otherwise.
(i) In the event either party is required to initiate legal proceedings to
enforce the terms of this Settlement Agreement, the prevailing party shall
be entitled to an award of reasonable attorneys' fees and costs of suit.
0) In settlement of these proceedings, each party shall bear its own
attorneys fees and costs. The parties have no objection to the entry of the
below Stipulated Final Judgment, without notice or hearing, which
incorporates the terms and agreements set forth herein, and which reserves
jurisdiction to enforce the terms of this Stipulated Final Judgment. The
Stipulated Final Judgment is set forth below and incorporated herein. The
effective date of this Stipulated Settlement Agreement and The Stipulated
Final Judgment shall be the date on which it is entered by the Court.
PLAINTIFF ALAN CHUNG J, £. ? ! 2
Notary Public
Dated: b � r /ZD� A` �uz� ;n,
Notes; F t No, g-'� Js of J ^w York
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Ou8lrf d in Yo :% Coun'y
CorTmM Expires AUQ. 4,2U
PLAINTIFF;VLISAJ�ETH REDSECKER
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Notary Public
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Dated:
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By:� -,.�. ,�
Depu y Clerk
Dated: July 18, 2012
DEFENDANT MONROE COUNTY
By: �--,
ayor David ice
Dated: July 18, 2012
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This instrument was prepared by:
Lee Robert Rohe, Esquire
25000 Overseas Highway
Summerland Key, Florida 330.12
SINGLE FAMILY RESTRICTI'
TO PROHIBIT DUPLEX OR MUI
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RECEIVED
MnNq.OE cuu,;1
WHEREAS, ALAN CHUNG, a single man and ELI .,.. UcA-n -;R, a single
woman, as undersigned are the sole owners of the following described real property
located at 586 East Caribbean Drive, Summerland Key. Florida 33042 in Monroe
County, Florida and legally described as follows:
Lot 7 and Lot 8 less the West 2 feet thereof, Block 1, SUMMERLAND
KEY COVE, ADDITION NO. 6, according to the Plat thereof, as
recorded in Plat Book 5, page 41 of the Public Records of Monroe
County, Florida.
Real Estate Number: 00192740- 000000
WHEREAS, the above described parcel is a single - family residence located in an
Improved Subdivision (IS) land use district and was issued a Certificate of Occupancy
(477080) on June 30` 1977 as a single family residence under permit number A 1303 and
Final Approved Building and Enclosure Inspections on July 25, 1995 under permit
number 941 -962.
NOW, THEREFORE, the undersigned agree as follows:
The above described residence is permitted only as a single family residence,
and shall be used only as a single family residence.
2. No structural changes or interior renovations will be made to the single family
residence for the use of the residence as a duplex or multi - family residence.
3. 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
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EXHIBIT
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shall run with the land and shall be forever binding upon the successors in
title.
4. This covenant is intended to benefit and run in favor of the County of Monroe.
and 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 day of
. 2012.
WITNESSES as to Both Owners:
Witness #1 Signature
Su; un L fZc he_
Witness #1 Printed Name and FL 33oq E q
Address
Witness # gnature
op!AV4
Witness # 2 Printed Name and
Address'''�K� ols r ,, Q
e�cu�a ti '&y F(. 7
ALAN CHUNG, OWNER
64N (2A1U1
Print d N e for Owner
, ELISABETH REDSECKER
c ` SR �ez� 1�Edscc�te/'
Printed Name for Owner
SWORN TO BEFORE ME THIS 21 day of ✓�E , 2012.
STATE OF NEW YORK
COUNTY OF IV Y
The foregoing instrument was acknowledged before me this � dad of ✓ufre ,
2012, bi ALAN CHUNG, who is personally known to me or who have produced
U L as proof of identification and did take an oath.
MY Commission Expires: 091001 ,
Notary r u`.Iic, S. of 0CW York
`;o. Q'EL-:1 ^0770
G`;�a�s;•:d n t ?err Yu;•Coan!y
l,:lTtTil6E10� Expir r, 20„f,�
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Notary Public Name (Print)
H ✓ILG.r� � �� 7�}„� �L/
Notary Public Signature
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SWORN TO BEFORE 111E THIS �_ day of JU AI 2012.
STATE OF FLORIDA
COUNTY OF 1110 ytr�
The foregoing instrument was acknowledged before me this `—� day of JuAl
2012, by ELISABETH REDSECKER, who is personalh known to me or w o have
produced as proof of identification and did take an oath.
All Commission Expires:
Notary Public Name (Print)
Notary Public Signature
t, ... SUSAN L ROHE
_.: Commission DD 504103
Expims August 8, 2012
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MONROE COUNTY
OFFICIAL RECORDS