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Item K06 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Au~ust 21. 2002 Bulk Item: Yes X No Division: Department: Growth Management Planning AGENDA ITEM WORDING: Approval for the transfer of three buildable lots from Clinton Miller to Monroe County by Warranty Deeds; and approval for one Restrictive Covenant from Clinton Miller to have one dwelling unit on contiguous lots described as Lots 5 and 6, Block 5, Seaside Estates, Key Largo. ITEM BACKGROUND: On August 7, 2002 the Planning Commission approved an allocation award for the applicant listed below provided the applicants' Warranty Deeds and Restrictive Covenant are approved by the BOCC. Clinton Miller submitted the Warranty Deeds to donate three lots to Monroe County and 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 documents in accordance with Ordinance No.4 7 -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: x BUDGETED: Yes N/ A No COST TO COUNTY: N/A REVENUE PRODUCING: Yes N/ A No AMOUNT PER MONTH N/ A Year APPROVED BY: County Atty l Risk Management N/ A DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDAITEM#~ 'i~ MEMORANDUM TO: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management Direc~ August 21, 2002 Clarification of Agenda Item Land Dedications & Restrictive Covenant Permit Number Name on Agenda Item Name on Legal Warranty Deed or Description Restrictive Covenant Ol-3-3835 Clinton Miller Clinton Miller Lot ll, Block ll, Palm Villa, Big Pine Key 01-3-3835 Clinton Miller Clinton Miller Lot 3, Block 55, Sands Subdivision, Big Pine Key 01-3-3835 Clinton Miller Clinton Miller Lot 37, Block 2, Eden Pines Colony, Key Largo 01-3-3835 Clinton Miller Clinton Miller Lots 5 and 6, Block 5, Seaside Estates, Key Largo Prepared By And Returned To: Keys Engineering Services, Inc. 86801 Overseas Highway Islamorada, Florida 33036 Property Appraisers Parcel Identification (Folio) Numbers: 00279460.00000o Space Above This Line For Recording Data THIS WARRANTY DEED, made the day of 2002 by Clinton Miller, an unmarried man, herein called the grantor, to COUNTY OF MONROE, a political subdivision of the State of Florida, whose post office address is c/o Board of County Commissioners, 500 Whitehead Street, Key West, Fl. 33040, of the County of Monroe, State of Florida, hereinafter called the Grantees: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the grantor, for and in consideration of the sum ofTEN AND OOIlOO'S ($10.00) Dollars and other valuable considerations, receipts whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in Monroe County, state of Florida, viz: Lot 11, Block 11, PALM VILLA SUBDIVISION, Big Pine Key, as recorded in Plat Book 1, Page 89, of the Public Records of Monroe County, Florida. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantor hereby covenants with the said grantees that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land and hereby warrants the title to said land and wil1 defend the same against the lawful claims of al1 persons whomsoever; and that said land is free of al1 encumbrances, except taxes accruing subsequent to the date of transfer. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: L~/~ ~itness # 1 Signature /.6m6 B~n Witness # 1 Printed Name ~~ Clinton Miller 8545 S. W. 124 S1. Miami, F1. 33156 zfil~~ ~/I(~ Witness # 2 Signature ~AJ~ p-f. -rN6-IeA fI1 Witness # 2 printed name STATE OF FWRIDA COUNTY OF MONROE SEAL Notary Public Prepared By And Returned To: Keys Engineering Services, IDe. 86801 Overseas Highway Islamorada, Florida 33036 Property Appraisers Parcel Identification (Folio) Numbers: 00307640.00000o Space Above This Line For Recording Data THIS WARRANTY DEED, made the day of 2002 by Clinton Miller, an unmarried man, herein called the grantor, to COUNTY OF MONROE, a political subdivision of the State of Florida, whose post office address is c/o Board of County Commissioners, 500 Whitehead Street, Key West, FI. 33040, of the County of Monroe, State of Florida, hereinafter called the Grantees: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the grantor, for and in consideration of the sum ofTEN AND OO/lOO'S ($10.00) Dollars and other valuable considerations, receipts whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in Monroe County, state of Florida, V1Z: Lot 3, Block 55, SANDS SUBDIVISION, Big Pine Key, as reeorded in Plat Book 1, Page 65, ofthe Public Records of Monroe County, Florida. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantor hereby covenants with the said grantees that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to the date of transfer. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: ~~ ~ ~~. ~ Witness # 1 Signature ~~ g~n Witness # 1 Printed Name Clinton Miller 8545 S.W. 124 St Miami, FL 33156 ~kd.~ Witness # 2 Signature "PPtJLIAJt M. IA/GeAf"I Witness # 2 printed name STATE OF FLORIDA COUNTY OF MONROE SEAL ~c));2002 by Clinton miller, an as identification. The foregoing instrume unmarried man, who i Notary Public G CORAL VOLLAND , NlIIaIy Public - sm. cf F10rtda .. . ~ !If ConmIIiln e.;na SoIpZ7. 2llO5 ~ &71 Commillion' 00080888 ',e:.W Bonded By Mallon.' Mlllal'J ANn. Prepared By And Returned To: Keys Engineering Services, Ine. 86801 Overseas Highway Islamorada, Florida 33036 Property Appraisers Parcel Identification (Folio) Numbers: 00264980.00000o Space Above This Line For Recording Data THIS WARRANTY DEED, made the day of 2002 by Clinton Miller, an unmarried man, herein called the grantor, to COUNTY OF MONROE, a political subdivision of the State of Florida, whose post office address is c/o Board of County Commissioners, 500 Whitehead Street, Key West, FI. 33040, of the County of Monroe, State of Florida, hereinafter called the Grantees: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the grantor, for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipts whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in Monroe County, state of Florida, viz: Lot 37, Block 2, Eden Pines Colony SUBDIVISION, Big Pine Key, as recorded in Plat Book 4, Page 158, ofthe Public Records of Monroe County, Florida. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantor hereby covenants with the said grantees that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to the date of transfer. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: ~~~/ ~ Witness # 1 Signature ,-'PeS i?rool:rnc,n Witness # 1 Printed Name d]~n~ /JI.~ Witness # 2 Signature PJf1t~/A)~ N. ~,a1L1 Witness # 2 printed name ~ )}ullM, Clinton Miller 8545 S.W. 124 St. Miami, F1. 33156 STATE OF FLORIDA COUNTY OF MONROE SEAL , 2002 by Clinton miller, an as identification. The foregoing instrume unmarried man, who i Nourry Public " CORAL VOLLAND G"". Notary Public . S18l8 of F10ricla _. .~ My~e.rnsSllll7:T,ZlCl6 i IJI'.J Comml..lon' DDOllOIl88 ...~ Bonded By National Notary .....n. LOT AGGREGATION RESTRICTIVE COVENANT 1. WHEREAS, Clinton Miller. is a single man and sole owner of the following described real property located in Monroe County, Florida, described as follows: Lots: 5 & 6 Block: 5 Subdivision: Seaside Estates Key: Largo Plat BooklPage: PB 1/ Pg. 97 Real Estate Numbers: 00492390.000000 and 00492390.000000; 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 parcels were assigned additional points in the Permit Allocation System for building permit #01303835 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 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 tittle; and . lbis covenant is intended to benefit and run in favor of the County of Monroe; and Re# 00492380.000000 & 00492390.000000 Lot Aggregation Restrictive Covenant Page 1 of2 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 TIllS , day of ~ 2002. WITNESS: ~~ 0Signature) ubA1es 8/"'1:l(?kman (Print/type name) #2L,A~ ~ (Signature) ThULI,oJ€. ~. IN 6-!&qfl/l (Print/type name) OWNER OR OWNERS ~~ (Signature) C I- 111/ rt) N 1~1i L t... f:-7L (print Name) Sworn before me this I day of AUJ' w;~J UfJ-!U (Notmy Public (print name) , 2002 AD. - to Vr[ /Jo(LAfJ{J Notmy Public (signature) My Commission Expires: ~....~,#- j .u.... AJlllON~ii84>3PUoe "21" olO ~ 99909000 '.'\lojft1UJUlO~~. .s SOCI!:'acilS~~~ ~ E 8P!J0\~ JO ~ - :l!lqnd AJBlON "',,""'"~~~~ ~ ONVllO^ Wl:lO~ - This Instrument prepared by: Keys Engineering Services, Inc. 8680 I Overseas Highway Islamorada, Florida 33036 Re# 00492380.000000 & 00492390.000000 Lot Aggregation Restrictive Covenant Page 2 of2