Item B11
ADD-ON
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 14.2002
Bulk Item: Yes X No
Division: Growth Manal!ement
Department: Planning
AGENDA ITEM WORDING: Approval for one Restrictive Covenant from Nora Jones and Warren Culver to have
one dwelling unit on contiguous lots described as Lots 34 & 35, Orchid Park, Sugarloaf Key; and the approval for
the transfer of one buildable lot from Nora Jones and Warren Culver to Monroe County by Warranty Deed.
ITEM BACKGROUND: On February 6, 2002 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. Nora Jones and Warren Culver submitted the Restrictive Covenant and Warranty Deed to donate one lot to
Monroe County. The applicants receiving one dwelling unit allocation award for the year ending July 13,2002, 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.
TOTAL COST:
None
BUDGETED: Yes
No N/A
COST TO COUNTY: None
REVENUE PRODUCING? Yes
AMOUNT PER MONTH
No
x
N/A
PER YEAR
N/A
APPROVED BY: County Attorney
X OMB/Purchasing N/ A
Risk Management N/A
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included
x
To follow
Not required
DISPOSITION:
Agenda Item #:
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ADD-ON
MEMORANDUM
TO::
FROM:
DATE:
RE:
Danny Kolhage, Clerk of the Court
Timothy J. McGarry, Growth Management DITeCCfl1
Februar 14,2002
Clarification of Agenda Item
Restrictive Covenant & Land Dedication
Permit
Number
Name on
Agenda Item
Name on
Legal Document
Legal
Description
01-1-1518
Nora Jones and Warren
Culver
Nora Jones and Warren
Culver
Lots 34 & 35, Orchid
Park, Sugarloaf Key
01-1-1518
Nora Jones and Warren
Culver
Nora Jones and Warren
Culver
Lot 2, Block 8, Eden
Pines Colony 1st
Addition, Big Pine Key
Prepared by: Alexis Colicchio
P. O. Box 420112
Summeraland Key, FL 33042
LOT AGGREGATION RESTRICTIVE COVENANT
1. Whereas, Nora Jones, a single women, and Warren Culver, a single man
are the sole owners of the following described real property located in Monroe County,
Florida:
Lot(s): 34 & 35
Block: n/a
Subdivision: Orchid Park
Key: Sugarloaf PB: 6-57
Real Estate Number(s): 00166977.003400 & 00166977.003500
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 011-1518 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
build a single-family residence; and
The restrictions herein shall be binding u~on 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
The covenant is intended to benefit and run in favor of the 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 {) g day of&h e ,~ (){J /
OWNER OR OWNERS
(Signature)
~. .L'
(S!gn;a re!; . .
/Lj/J:t~p /I d ~
(PrinVfype Name)
f~.{Q;, ; Li.sJ-tN
(Signat re)
t. O')Ori e ~-Io~
(PrinVfype Name)
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EGAL S
B' , A_'s Office
;t...'....,.....,"..'- v~ HEDRICK
t.[iJ: ':'i MY COMMISSION' CC 956765
~:~ :.#1 EXPIRES: October 6,2004
"'I;f.Rf..~. " Bonded Thru NoIIIy PubIc Underw.....
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TInS INSTRUMENT PREPARED BY:
Gretellea DoO..d
C<ral R<efT'rtIe ~
P.O. Box 1S43
Key Largo. Florida 33037
Property Appraisers Parcel Identification (F olio) Numbers: 00269998 . 00000o
Space Above This line Fa' Recading Data
mIS WARRANTY DEED. made lhe 19th day of September. 2001 by. Nora Jones, an unmarried woman, and
Warren Culver, an unmarried man herein called lhe grantor, 10 COUNTY OF MONROE, a political
subdivision of the State of Florida, whose post office address is c:lo Board of County Commissionen, 500
Whitehead Street, Key West, FL 33040, of the County of Monroe, State of Florida, hereinafter called lhe
Grantees:
(Wherever used herein the terms "grantor" and "grantee" include all the parties to this imtnonent and the heirs. legal
representatives and assigns if individuals. and the successors and assigns if corporations)
WIT N E SSE T H: That lhe grantor, for and in consideration oflhe sum ofTEN AND OO/IOO'S ($10.00) Dollars
and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens,
remises, releases, conveys and confirms unto lhe grantee all that certain land situate in Monroe County. State of
Florida, viz..:
Lot 2, Block 8, EDEN PINES COLONY FIRST ADDITION, a subdivision according to the Plat
thereof as recorded in Plat Book 5, at Page 26, of the Public Records of Monroe County, Florida.
TOGETIIER, wilh all lhe tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
TO HAVE AND TO HOLD, lhe same in fee simple forever.
AND, lhe grantor hereby covenants wilh said grantees that lhe grantor is lawfully seized of said land in fee simple;
that lhe grant<r has good right and lawful authority to sell and convey said land, and hereby warrants lhe title to said
land and will defend lhe same against lhe lawful claims of all persons whomsoever; and that said land is free of all
encumbrances. except taxes accruing subsequent to lhe date of transfer.
&~ mne
1 ess#2S~e ~
/1-1/, It.Jfrr
Witness #2 Printed Nmne
STATE OF FLORIDA
COUNTY OF Monroe
The foregoing instrument was acknowledged before me this 19th day of September, 2001 by, Nora Jones, an
...,1;!Dmarried woman, and Warren Culver, an unmarried man who are personally known to me or have produced
-yip ~ C uJ/"'~~~'5) asidentification.
SE 'w... ~ /hm ~
G'-f"~~"'~\ JOYCE ANN GIBSON N. I Pu~ (!. IE fJ P J() (i., i55~ ,(J
" .1 N~:.Jy PUblic - SIne d Floncla -.J l-
i lIy CommissO- EXIlila Jtl4, 2llO5 Printed Notary Name
Cl' 1 """,I' ::mmillict'l' 00031944