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Item M29 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 one Restrictive Covenant from Dietmar Menck and Gudrun Menck a.k.a. Gudrun Schulz to have one dwelling unit on contiguous lots described as Lots 4 and 5, Block 24, Eden Pines Colony 3rd Addition, Big Pine Key. ITEM BACKGROUND: On November 7, 1996 the Planning Commission approved an allocation award for the applicants listed below provided the applicants Restrictive Covenant is approved by the BOCC. Dietmar Menck and Gudrun Menck a.k.a. Gudrun Schulz submitted the Restrictive Covenant to Monroe County. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2002, have filed the document in accordance with Ordinance No. 47-1999. PREVIOUS RELEVANT BOARD ACTION: On November II, 1999, the BOCC adopted Ordinance No. 047- 1999. On June 19, 2002 the Board of County Commissioners approved Resolution No. 263-2002 for a Beneficial Use Determination Promulgated by the Special Master. 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 cGarry, AICP DOCUMENT A TION: lncl uded X To Follow_ Not Required_ AGENDA ITEM # /1} _-2(7 DISPOSITION: ADD-ON MEMORANDUM TO: FROM: DATE: RE: Danny Kolhage, Clerk of the Court r-J/IJ Timothy J. McGarry, Growth Management Di~ ! November 20, 2002 Clarification of Agenda Item Land Dedications Permit Number Name on Agenda Item Name on Warranty Deed Legal Description 96-1-1457 Dietmar Menck and Gudrun Menck a.k.a. Gudrun Schulz Dietmar Menck and Gudrun Menck a.k.a. Gudrun Schulz Lots 4 and 5, Block 24, Eden Pines Colony 3rd Addition, Big Pine Key LOT AGGREGATION RESTRICTIVE COVENANT 1. Whereas, Dietmar Menck and Gudrun Menck a.k.a. Gudrun Schulz. 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): 4 and 5 Block: 24 Subdivision: Eden Pines Colonv 3rd Addition Key: Bia Pine PB: 5-59 Real Estate #(s): 00271520-000000 & 00271530-000000: 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 # 96-1-1457 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 Lot Aggregation Restrictive Covenant Page I of 2 RE: 00271520.0000000 and 00271530.0000000 . 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 II day of JL-<-L y 2,' -~~ ( gn . /,,' av:/ ~'ti,;,U/,;,,?_ (Printrrype Nime) *)d~ id(;!;/;yp~~!trfe( BY Sworn before me this 3 / day of J L.t L Y I 2002 A.D. IY! /l ~ <IT'c f--:-t;? f2- Notary Public (Print Name) ~~~~~ . I l~W\M'<'R,( KATHLEEN TUCKER . ~. .g"lOlary P~b'iC - S~ale of Florida ~ ~~ ...."'~; MyC:mr.c;"'&:>n ~;~Jun 13.2005 . -"1.'" ~<r..' 'III"," Co,,,,, ','1 I; D0033657 - This instrument was prepared by: Dietmar Menck P.O. Box 3 - 07.66 Cala D'OR / Mallorca Balearic Islands. Spain Lot Aggregation Restrictive Covenant Page 2 of2 RE: 00271520.0000000 and 00271530.0000000