Item B07
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Bulk Item:
November 22.2000
Yes X No
Division: Growth Management
Department: Planning
AGENDA ITEM WORDING: Approval for a Restrictive Covenant from John Podpirka to have one dwelling unit
on contiguous lots described as Lots 14 and 15, Block 17, Cudjoe Gardens Sixth Addition and Lot 13, Block 17,
Cudjoe Gardens Fifth and Seventh Addition, Cudjoe Key (RE: #001746330-000200).
ITEM BACKGROUND: A restrictive covenant is required to limit the number of dwelling units on the property
described above.
PREVIOUS RELEVANT BOARD ACTION: None
STAFF RECOMMENDATION: Approval.
TOTAL COST: None
COST TO COUNTY: None
REVENUE PRODUCING? Yes
AMOUNT PER MONTH N/ A
APPROVED BY: County Attorney
BUDGETED: Yes
No N/ A
No
x
x
PER YEAR N/ A
OMB/Purchasing N/ A
Risk Management N/ A
DEP AR TMENT DIRECTOR APPROV AL: ;t' 1lildL.u t1c......l
K. Marlene Conaway Di ector of Plannmg
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included
x
To follow
Not required
DISPOSITION:
Agenda Item #:
a-8L
MEMORANDUM
TO::
FROM:
DATE:
RE:
Danny Kolhage, Clerk of the Court
Timothy J. McGarry, Growth Management Director
November 22,2000
Clarification of Agenda Item
Restrictive Covenant
Permit
Number
Name on
A2enda Item
Name on
Restrictive Covenant
00-1-3843
John Podpirka
John Podpirka
Legal
Description
Lots 14 and 15, Block
17, Cudjoe Gardens
Sixth Addition and Lot
13, Block 17, Cudjoe
Gardens Fifth and
Seventh Addition,
Cudjoe Key (RE:
#001746330-000200)
LOT AGGREGATION RESTRICTIVE COVENANT
1. WHEREAS, JOHN PODPIRKA , the undersigned is the sole owner of the
following described real property located in Monroe County, Florida described as
follows:
Lot(s): 14 and 15. Block: 17, Cudjoe Gardens Sixth Addition,
Cudjoe Key, PB: 6-66; and
Lot(s): 13. Block: 17, Cudjoe Gardens Fifth and Seventh
Addition, Cudjoe Key, PB: 6-88
Real Estate Number: 001746330-000200; and
2. WHEREAS, this Lot Aggregation Restrictive Covenant that restricts the use of the
legally described property in order to receive a building permit for a detached home
theater to be constructed across internal lot lines as seen in building permit
application 00-1-3843; and
3. WHEREAS, the property owner is developing the above described property and
desires to utilize the property without internal lot setbacks; and
4. NOW, THEREFORE, the undersigned agree as follows:
· The property described as Lots 14 and 15, Block 17, Cudjoe Gardens Sixth
Addition and Lot 13, Block 17, Cudjoe Gardens Fifth and Seventh Addition,
Cudjoe Key shall only be entitled to a density of one dwelling unit in consideration
of an addition to be constructed across lot lines; and
· A residential dwelling unit was issued a certificate of occupancy on November 2,
1993, (Certificate of Occupancy No. 93100145). The entire kitchen must be
removed from this residential structure in consideration for the placement of an
accessory structure proposed under building permit application #00-1-3843.
Lot Aggregation Restrictive Covenant
· The restrictions herein shall 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 shall be forever binding upon the successors in title; and
· This covenant is intended to benefit and run in favor of tne 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 ~ day of Oc. Jt)L'~1 ;;<000.
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(PrintlType Name)
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(PrintlType Name)
Sworn before me this :2 Ll:Jay of
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Notary Public (Print Name)
N~gnaIUre)
My Commission Expires
This instrument ~ prepared by:
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Lot Aggregation Restrictive C~enant
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)~ .......... Kendra Foster . '
~~ /-;,,'~~~;."~\. N~':uY pubEc, State of Florida :;
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