Resolution 519-1998
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RESOLUTION NO. 519-1998
A RESOLUTION BY THE MONROE COUNTY BOARD OF COM-
MISSIONERS APPROVING THE EXCHANGE OF LOT 10,
BLOCK, 6, TORCH KEY ESTATES FOR LOT 8, BLOCK 6,
TORCH KEY ESTATES, LITTLE TORCH KEY, MONROE COUN-
TY, FLORIDA, MILE MARKER 29.6, IN ORDER TO SATIS-
FY THE RESTRICTIVE COVENANT AGREEMENT MADE WITH
MONROE COUNTY WHICH GAVE THE APPLICANT 3 POINTS
TOWARDS THE ROGO SCORING SYSTEM.
WHEREAS, William Rozuk and Jody Gay received a ROGO
allocation allowing them to construct a Single Family Resi-
dence on Lots 15 and 16, Block 6, Torch Key Estates, Little
Torch Key, Monroe County, Florida, Mile Marker 29.6; and
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WHEREAS, William Rozuk and Jody Gay aggregated Lot
8 with Lots 15 and 16 for an additional 3 points in the Rate
of Growth Ordinance system (ROGO) and executed Restrictive
Covenants upon Lots 15, 16, 8, and 9, Block 6, Torch Key Es-
tates on July 3, 1996; and
WHEREAS, William Rozuk and Jody Gay are proposing
to the Monroe County Board of County Commissioners that the re-
strictive covenant be exchanged from Lot 8 to Lot ~ ~ ~o~
6, Torch Key estates and that the restrictive ctlt\7ei;Can~ bf;;
released on Lot 8, Block 6, Torch key Estates; and ~~~~ C"') 0
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WHEREAS, The Planning Department reviewed t1ii?'~e~sto
of William Rozuk and Jody Gay for the even excha~~~f~o~
10, Block 6, Torch Key Estates for Lot 8, Block 6, "'T1['o~h'.ikeE
Estates and recommended APPROVAL of the request to ~he"1 BgJrq:;
of County Commissioners based on the following findings of
fact:
1. William Rozuk and Jody Gay are the owners of Lots 8, 9,
10, 15 & 16, Block 6, Torch Key Estates; and
2. The approved exchange encompasses two (2) buildable lots
with the same environmental conditions; and
--
WHEREAS, the Board of
considered the recommendation
Planning Department and adopts
own;
County Commissioners has
and findings of fact of
the findings of fact as
duly
the
its
RELEASE OF REAL PROPERTY
. FROM
RESTRICTIVE COVENANTS
WHEREAS, WILLIAM ROZUK and JODY GAY, joint tenants, are the owners of the
following described real property located and being in Monroe County, Florida:
LOTS 8, 9,10,15 & 16, BLOCK 6, TORCH KEY ESTATES, as recorded in
Plat Book 4, at page 40, of the Public Records of Monroe County, Florida, and
WHEREAS, as pan of the building permit application to build a single family residence on
LOTS 15 and 16, WILLIAM ROZUK and JODY GAY executed and delivered to Monroe
County for recording, Restrictive Covenants upon LOTS 15, 16, 8, and 9, BLOCK 6, TORCH
KEY ESTATES, which restrictive covenant was dated July 3, 1996, and recorded in Official
Records Book 1411 at page 1408 of the Public Records of Monroe County, Florida, and
WHEREAS, WILLIAM ROZUK and JODY GAY executed and delivered for recording a
restrictive covenant dated April 11, 1998, and recorded in Official Records Book 1510 at page
1130 of the Public Records of Monroe County, Florida which Restrictive Covenant further
restricted the use of LOTS 15, 16, 8, and 9, Block 6, of TORCH KEY ESTATES and added
LOT 10, BLOCK 6, TORCH KEY ESTATE, increasing the number of Lots from 4 to 5, and
WHEREAS, the building permit issued to WILLIAM ROZUK and JODY GAY for
construction of a single family residence of LOTS 15 and 16 only required that a restrictive
covenant attach to four (4) lots, and not five (5) lots, and
WHEREAS, the proposal for an even exchange of LOT 10, BLOCK 6, TORCH KEY
ESTATE for LOT 8, BLOCK 6, TORCH KEY ESTATES in the Restrictive Covenant dated
April 11, 1998, and recorded in Official Records Book 1510 at page 1130 of the Public Records
of Monroe County, Florida, and the release of LOT 8, BLOCK 6, TORCH KEY ESTATES, has
been brought before the Board of County Commissioners for their approval, and
Page 1
NOW, THEREFORE in consideration of the mutual covenants contained herein, the Board
of County Commissioners has reviewed the foregoing proposal and undersigned agrees and
approves the following:
1. LOT 8, BLOCK 6, TORCH KEY ESTATES, as recorded in Plat Book 4, at page 40 of the
Public Records of Monroe County Florida is hereby released from the restrictions imposed by the
Restrictive Covenants referenced above and the said Lot shall hereafter have no restrictions upon
it as a result of the above restrictive covenants.
2. LOT 10, BLOCK 6, TORCH KEY ESTATE, is hereby exchanged and replaces LOT 8,
BLOCK 6 in the said Restrictive Covenant and all restrictions previously imposed on LOT 8 shall
now be imposed on LOT 10, BLOCK 6 TORCH KEY ESTATE.
. ca ~
DONE and ORDERED on this / ' day of uf LA,/vt iJ;4.12-., 1998,
STATE OF FLORIDA
COUNTY OF MONROE
BOARD OF ~ONRO=fUNTY COMMISS\3~ ;.),R,.....S
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By:. ___ ___::." .l..'\'~'
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. -t2-U:,t/\ Ma or I FD I ~ EAt). ".:'
5th R~fi.'f f= ,Il., y /t-fms-..., [' ~"~ "....'. "~;' 'Ar'][;l<
BY;J)6~
c_::;, Y l.LEr.:<
I HEREBY CERTIFY that on this day personally appeared before me, an officer duly
authorized to administer oaths and take acknowledgments,51t1r<~'( ~R.€t,A1I1NJ to me known to be
the individual described herein and who executed foregoing and acknowledged before me that he
executed the same freely and voluntarily for the purposes therein expressed,
IN WITNESS WHEREOF, I hereunto set my hand and official seal at tco~ We d
said County and State, this Jl.3Ild. day of J:~~ . 1998, ~has produced
as identification or ~is personally known,
~.
Notary Pub' , Sta of .
My Commission Expires:
./}.-,:~ RUTH ANN JANTZEN
/~:"~'.':1:~~;7 My Corom Exp. 12/30/99
i ,:',H,.).rA. R ',.0 l~onded By Service In!!
'., ~'1JBL/I> No. CC'S06335
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