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Item M19 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 20.2002 Bulk Item: Yes X No Division: Growth Management Department: Planning AGENDA ITEM WORDING: Approval for one Restrictive Covenant from Harold & Judith Zimmerman to have one dwelling unit on contiguous lots described as Lots 95, 96 and 97, Block 1, Yacht Club Island Sec. 4, Duck Key. ITEM BACKGROUND: On October 23, 2002 the Planning Commission approved an allocation award for the applicant listed below provided the applicants' Restrictive Covenant is approved by the BOCC. Harold & Judith Zimmerman submitted the Restrictive Covenant to Monroe County. The applicants receiving one dwelling unit allocation award for the year ending July 13,2003, have filed the document in accordance with Ordinance No. 47- 1999. PREVIOUS RELEVANT BOARD ACTION: On November 11, 1999, the BOCC adopted Ordinance No. 047- 1999. CONTRACT/AGREEMENT CHANGES: N/A, ST AFF RECOMMENDATION: Approval. TOTAL COST: x BUDGETED: Yes N/A No COST TO COUNTY: N/ A REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/ A Year DIVISION DIRECTOR APPROVAL: Risk Management N/ A APPROVED BY: County Atty l DOCUMENT A TION: Included X To Follow_ Not Required_ DISPOSITION: AGENDA ITEM ~ / If? / MEMORANDUM TO:: FROM: DATE: RE: Danny Ko1hage, Clerk of the Court Timothy J. McGarry, Growth Management Direct€JY1 November 20,2002 Clarification of Agenda Item Restrictive Covenant Permit Number Name on A~enda Item Name on Restrictive Covenant Legal Description 02-2-1619 Harold & Judith Zimmerman Harold & Judith Zimmerman Lots 95, 96 and 97, Block 1, Yacht Club Island Sec. 4, Duck Key LOT AGGREGATION RESTRICTIVE COVENANT 1. Whereas, Harold & Judith Zimmerman, a married couple, the undersigned are the sole owners of the following described real property located in Monroe County, Florida described as follows: Lot(s): 95. 96. and 97 Block: 1 Subdivision: Yacht Club Island Sec - 4 Key: Duck PB: 5-82 Real Estate #(5): 00385080.000000.00385090.000000 & 00385100.000000: 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 parcel(s) was assigned additional points in the Permit Allocation System for building permit # 02-02-1619 for the voluntary reduction of density through aggregation of vacant. legally platted, buildable lots. 4. NOW, THEREFORE. the undersigned agree as follows: . The above described parcel(s) shall have its density reduced from three 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 if 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 Lot Aggregation Restrictive Covenant Page 1 of 2 RE: 00385080.000000. 00385090.000000 and 00385100,000000 t . d t l..EBE~l..SOf; ao..mos u~ ~ SI::jQ dB t : ~O ~O EO 1 nr . 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 / tJ day of .:)(,;<-/7 z... v u 2..- WITNESSESS: OR OWNERS rold Zimmerman ~ ~ Ith Zim merman P'1 ~VJ ((~A..l~ .!Lt;;.d.. (8 nature) / ~"""'~.cI D. G.,7Dw'/i I ( rinVType Name) Sworn before me this / tJ ~ay of . M , )..4J d .........-A.D. PENNY J. DONNAHOO NOTARY PUBLIC OF NEW JERSEY COMMISSION EXPIRES 6/11/2003 N ry Public (Print Name) This ins1rumcnt was prepared by: Mickee Brown 11500 Overseas Hwy. Manlthon. FL 33050 Lot Aggregation Restrictive Covenant Page 20f2 RE: 00385080,000000, 00385090.000000 and 00385100.000000 aod 1l.E8E~l.SOE aO.Jnos u'~s~a dBl:~O ao EO ynr