Item B15
ADD-ON
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Bulk Item:
October 19.2000
Yes X No
Division: Growth Management
Department: Planning
AGENDA ITEM WORDING: Approval for one Restrictive Covenant from George & Gloria Sellers to have one
dwelling unit on contiguous lots described as Lots I & 2, Block I, Johnsonville, Big Coppitt; and the approval for
the transfer of one buildable lot from George & Gloria Sellers to Monroe County by Warranty Deed. The applicants
receiving one dwelling unit allocation award for the year ending July 13, 2000, have filed the documents in
accordance with Ordinance No. 47-1999.
ITEM BACKGROUND: On August 23, 2000 the Planning Commission approved an allocation award for the
applicants listed below provided the applicants' Restrictive Covenant and Warranty Deed are approved by the
BOCC. George & Gloria Sellers submitted the Restrictive Covenant and Warranty Deed to donate one lot to Monroe
County.
PREVIOUS RELEVANT BOARD ACTION: On November II, 1999, the BOCC adopted Ordinance No. 047-
1999.
STAFF RECOMMENDATION: Approval.
TOT AL COST:
None
BUDGETED: Yes
No N/ A
COST TO COUNTY: None
REVENUE PRODUCING? Yes
AMOUNT PER MONTH N/A
APPROVED BY: County Attorney
No
x
X
PER YEAR N/A
OMB/Purchasing N/ A
Risk Management N/ A
DEPARTMENT DIRECTOR APPROVAL'
DIVISION DIRECTOR APPROVAL:
DOCUMENT A nON: Included
x
To follow
Not required
DISPOSITION:
Agenda Item #:
1- 13/5
ADD-ON
MEMORANDUM
TO::
FROM:
DATE:
RE:
Danny Kolhage, Clerk of the Court
41
Timothy J. McGarry, Growth Management Director
October 19,2000
Clarification of Agenda Item
Restrictive Covenant & Land Dedication
Permit
Number
Name on
A2enda Item
Name on
Le2al Document
Legal
Description
99-1-2082
George & Gloria Sellers
George & Gloria Sellers
Lots 1 & 2, Block 1,
Johnsonville, Big
Coppitt
99-1-2082
George & Gloria Sellers George & Gloria Sellers Lot 15, Block 40,
Sands Subdivision, Big
Pine Key
LOT AGGREGATION- RESTRICTI-VE COVEN-ANT
1. WHEREAS. GEORGE AND GLORIA SELLERS. a married couole, the
undersigned are the sole owners of the following described real property
located in Monroe County, Florida described as follows:
Lot(s): 1 & 2 Btock: 1
Subdivision: JohnsonvHfe
Key: Big CoPPitt PB: 1-53
Reat Estate #(s) 00151170-00000o & 00151180-00000o; 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 parcels were assigned additional points in
the Permit Allocation System for building permit .i.Y-- :! -~08d for
the voluntary reduction of density through aggregation of vacant, legally
platted, buildable lots; and
4. NOW, THEREFORE, the undersigned agree as follows:
· The above described- parcels shall have its density reduced from two
dwelling units to one dwelling unit in consideration of a building permit to
butld a single-famtly residence; and
· The restrictions herein shaH 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 shall run with the land and shaH 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 1 of 2
· 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 THIS1.i-day of ~d<R0 , ;:;1.000
WlTNESESS:
(~AA g CR7-
Signature
LViv>AJ G- We-
Print /Type Name
~
OWNER OR ZRS
'~E(LERS~
&~~
. RIA SELLERS
BY
Signature
'J.. 0 / t~ L - ~<2. ~ C. \j ~ ~ T
PrintlType Name
Sworn before me this / '-I
MAXINE GREAGER
... My Comm Up. 10l27,oc
~ a / No. cc 959270
PI' '-NIr IlNMl I J 0lIwr 1.0.
day of Se ii/i4ut.u , :2.000 AD.
o
flI ki " J/ € G If Elf- 6E7r:.
Notary Public (Print Name)
T~jnstruft'\ent ~ pre~ed by:
61 t) 17; ~ G) f? J"'-.S
Lot Aggregation Restrictive Covenant Page 2 of L
(SpIM:e Abcwe This LiDe far Rec:onIina DeIa)
WARRANTY DEED
nis IDdeature made this 1511l day of September. 2000 BETWEEN GEORGE SELLERS. AND
GLORIA SELLERS. husbud IUId wife, gnmtor whose post office address is 35 Cactus Drive, Big
Coppitt Key, Key West, Florida, of the County of Monroe. State of Florida, .1Id MODroe CoaDty, tIte
COlUlty of Mollroe, State of Florid.. ....Rtee. whose post office address is clo Monroe County Board of
County Commission. 500 Whitehead Stm:t, Key West, Florida, 33040.
WIT N E SSE T H, That said Grantor. for and in consideration of the sum ofTEN AND
00I100'S ($10.00) Dollars and other valuable considemtions, receipt whereof is hereby acknowledged. has
granted, bargained and sold to the grantee and grantee's heirs and assigns forewr the following described
land situated, lying and being in MONROE County. Florida, to-wit:
REtI 00305770-0000OO Block 40, Lot 15, SANDS SUBDIVISION, Bi& Pine key G26-
303 Prob Doeket 3-G-6 (JobD A Galtl) Prob Doeket #8-121 (EUa R Gald) OR 1030-
1326 Die OR 1544-938 (CMS) accordiaa to the plat thereof of record iD Plat Book 1,
pap 65 in tbe Public Records 01 Monroe County, Florid..
The Grantor berein covenants tlult the subject property is Rot hislher homestead
property as deOned by the Constitution of the State of Florida and fUrther states
that the subject property is vacant and unimproved laud.
TOGETHER, with all the tenements. hereditaments and appurtenances thereto belonging or in anywise
appertaining
TO HAVE AND TO HOLD, the same I fee simple fo~.
AND, the grantors hereby covenant with said grantees that the grantors are lawfully seized of said land in
fee simple; that the grantors have good right and lawful authority to sell and covey said land. and hereby
warrant the title to said land and will defCDd the same against the lawful claims ofall persons. whomsoever;
and that said land is free of all encwnbl'llDCCS. expect taxes accruing subsequent to date oftmnsfer.
IN WITNESS WHEREOF, the said arantors have signed and sealed these presents the day and year first
above written.
Sianed,~ed and delivered in our presence:
8;;4::U1- f1>~ L&
nn t}- 1 CUe.
Pri~~~ d;
~ /1/. . ~~)~A/' .s.
Signa~tff . p;;- a..e. G ~
Printed Signature APPROVED AS TO FORM
~ LEGAL SU!?;Jt=IEfji}'r'
STATE OF FLORIDA 8Y~ou~
COUNTY OF MONROE Attorney's Office
The foregoing instrument was acknowledged before me this / S- day of -t-.
2000 by GEORGE SELLERS aDd GLORIA SELLERS. who are (or are) personaIJ. . to be or
who has produced as identification. -" .
WITNESS my hand and official seal in the County and State last aforesaid
My Commission Expires: 7;' ,A /
~.~ ~j7~
Notary c
~o MAXINE GREACEII
- My c-.. Exp. 100'27.04
I'UMJC .. ./ No. CC 959270
~-'J_I.D.
Print, Type or Stamp Commissioned Name of Notary Public
Personally known or produced identification
Type of Identification Produced