Item M25
ADD-ON
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 20. 2002
Bulk Item: Yes X No
Division:
Department:
Growth Management
Planning
AGENDA ITEM WORDING: Approval for the transfer of one buildable lot from Marke & Holly Andre to
Monroe County by Warranty Deed; and approval for one Restrictive Covenant from Marke & Holly Andre to have
one dwelling unit on contiguous lots described as Lots 7 and 8, Ramrod Shores 3rd Addition, Ramrod Key.
ITEM BACKGROUND: On October 23, 2002 the Planning Commission approved an allocation award for the
applicant listed below provided the applicants' Warranty Deed and Restrictive Covenant are approved by the BOCC.
Marke & Holly Andre submitted the Warranty Deed to donate one lot to Monroe County and the Restrictive
Covenant to Monroe County. The applicants are receiving a dwelling unit allocation award for the year ending July
13,2003, have filed the documents 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.
STAFF RECOMMENDATION: Approval.
TOT AL COST:
x
BUDGETED: Yes N/A No
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/ A Year
APPROVED BY:
County Arty l
Risk Management N/ A
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # jJ1-E
ADD-ON
MEMORANDUM
TO:
FROM:
DATE:
RE:
Danny Kolhage, Clerk of the Court
Timothy J. McGarry, Growth Management Dire~
November 20, 2002
Clarification of Agenda Item
Land Dedications & Restrictive Covenant
Permit
Number
Name on
Agenda Item
Name on Legal
Warranty Deed or Description
Restrictive Covenant
02-1-0736
Marke & Holly Andre
Marke & Holly Andre
Lot 20, Block 24, Eden
Pines Colony 3rd
Addition, Big Pine Key
02-1-0736
Marke & Holly Andre
Marke & Holly Andre
Lots 7 and 8, Ramrod
Shores 3rd Addtition,
Ramrod Key
Prepared by: Alexis Colicchio
P. O. Box 420112
Summerland Key, FL 33042
(Space above this line for recording data)
WARRANTY DEED
THIS INDENTURE made this day of ,200_ between Mark Andre, a married man
and Holly Andre, his wife, ("GRANTOR(S)"), whose post office address is 701 Lot 136, Spanish Main
Drive, Cudjoe Key, FL 33042, and MONROE COUNTY, a political subdivision of the State of Florida
("GRANTEE"), whose address is 500 Whitehead Street, Key West, FLorida, 33040.
WITNESSEm
That said Grantors, for and in consideration of the sum of TEN AND OO/I OOths ($10,00) Dollars
and other good and valuable consideration to said Grantors in hand paid by said Grantee, the receipt
whereof is hereby acknowledged, have granted, bargained and sold to the Grantee and Grantee's heirs and
assigns forever the following described land located in the County of Monroe, State of Florida, to wit:
Lot 20, Block 24, Eden Pines Colony Third Addition, according to
the Plat thereof as recorded in Plat Book 5 page 59 of the
Public Records of Monroe County, Florida; Real Estate Number 00271680.000000
THE PROPERTY CONVEYED HEREIN IS NEITHER THE DOMICILE NOR THE HOMESTEAD
OF THE GRANTORS HEREIN NOR ANY OF THEIR IMMEDIATE HOUSEHOLD AS DEFINED
BY THE LAWS OF THE STATE OF FLORIDA.
TOGETHER, with all the tenements, hereditaments, and appurtenances thereto belonging or in anywise
appertaining, and TO HAVE AND TO HOLD the same in fee simple forever. The Grantors hereby
covenant with said Grantee that the Grantors are lawfully seized of said land in fee simple, that the
Grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to
said land and will defend the same against the lawful c1ainis of all persons whomsoever; and that said
land is free of all encumbrances, except taxes accruing subsequent to the date of transfer.
IN WITNESS WHEREOF, the said Grantors have signed and sealed these presents the day and year first
above written.
The foregoing instrument was acknowledged before me this~ day of .;;f!cIL, 2002. by
who personally appeared before me at the time of notarization and
who is personally known to me or who has produced as identification, and who (did/did not) take an oath.
LEONA T. COFFEY l
Y COMMISSION >> DO 101761 t..
EXPIRES: May 26. 2006
-----
(OFFICIAL SEAL)
LOT AGGREGATION RESTRICTIVE COVENANT
1. Whereas, Mark and Hollv Andre. 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): 7 and 8
Subdivision: Ramrod Shores 3rd Addition
Key: Ramrod PB: 6-108
Real Estate #(s): 00209971-000700 & 00209971-000800: 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 #02-1-0736 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 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 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
· This covenant is intended to benefit and run in favor of the County of
Monroe; and
Lot Aggregation Restrictive Covenant Page I of2
RE: 00209971.000700 and 00209971.000800
· 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
#0 cI
d2tDo 2...- .
,
~
~~
(Signature) Mark Andre
r-
1~O'}t(~'CL
Name)
~~~
ign ure)
)f/""I?~ y - } It (~~
(PrintfType Name)
Sworn before me this
I day of
4(/
;;;<('Jrl ~A. D.
1J!./I/2l(~ / UJ:~
Notary Public (Print Name)
This instrument was prepared by:
Mark Andre
701 Spanish Main Dr.
Cudioe Kev. FL 33042
ta Public (Signature)
ommission Expires
Lot Aggregation Restrictive Covenant Page 2 of 2
RE: 00209971.000700 and 00209971.000800
~ ,\'\~~~"I,...
~ ~~m"""~';;;-~- ".'fl~, ",,".THLEEN TUCKER
~. ^\l' .~"'OiiJ':1 r'..:;!ic - State of Florida
~~ .;CT'./ M1' C~.:n::s.son Expi-es Jun 13, 2005
#tI,:tlri.r:lt," Comrni~slon # D0033657