Item R4
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 16, 2002
Division r}.~nty Attorney
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AGENDA ITEM WORDING:
Approval to advertise a public hearing for a declaration of restrictive covenant
regarding the use of rights-of-way in Hibiscus Park, Key Largo, Monroe County,
Florida.
ITEM BACKGROUND
During a public hearing regarding the abando~ment of Troup Road, and Industrial
Park Subdivision, Key Largo, for the purposes of developing the area between
Buttonwood Lane and Troup Road, property owners from Hibiscus Park appeared.
Due to concerns raised by said property owners, the County Commission, at its May
22, 2002 meeting abandoned Troup Road with a caveat that there be established a
restrictive covenant restricting public access to the development in Industrial Acres
Subdivision from Hibiscus Park Subdivision. Said covenant was to allow emergency
vehicle access only.
PREVIOUS RELEVANT BOCC ACTION:
See above.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION:
Approval.
TOTAL COST:
Cost to County: $
BUDGETED: Yes
No
APPROVED BY: County Attorney...lL OMB/Purchasing_ Risk Management_
DIVISION DIRECTOR APPROVAL~~ ~~~
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DOCUMENTATION: Included To Follow Not Required
AGENDA ITEM #
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DECLARATION OF RESTRICTIVE COVENANT
The Board of County Commissioners of Monroe County, Florida, who
have an interest in the public roads of Hibiscus Park Subdivision, Key Largo,
Monroe County, Florida, by virtue of the plat of said subdivision, found at
Monroe County Plat Book 3, page 166, wherein said rights-of-way were
dedicated to the perpetual use of the public, makes and enters the
Restrictive Covenant below described:
WHEREAS, proposed development in Industrial Acres Subdivision,
north of and adjacent to Hibiscus Park Subdivision, both subdivisions being
situated on Key Largo, Monroe County, Florida, has resulted in public
discourse evidencing concerns by Hibiscus Park property owners and
residents that their rural and residenti~1 rights-of-way might become
congested with traffic to the development adjacent to Hibiscus Park
Subdivision; and
WHEREAS, the Board of County Commissioners of Monroe County has
caused a public hearing to be properly noticed and held concerning the
establishment of restrictive covenants governing the public rights-of-way in
Hibiscus Park and barring access along the public rights-of-way to the
adjacent subdivision to the north of Hibiscus Park Subdivision to any
vehicular traffic other than emergency vehicles; and
WHEREAS, the Board of County Commissioners of Monroe County has
determined that it is in the best interest of the public that fire trucks and
ambulances be allowed to access Industrial Acres Subdivision through the
public rights-of-way in Hibiscus Park Subdivision;
NOW THEREFORE, BE IT DECLARED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY that:
1. The above recitals are incorporated by reference into this
Declaration.
2. The following restrictions affect all of the rights-of-way dedicated to
the public, and not heretofore abandoned by official action of the
Board of County Commissioners of Monroe County, Florida, in the
Plat of Hibiscus Park Subdivision, Monroe County Plat Book 3, page
166, and shall be construed as covenants running with the land, it
being the intent of the County Commission that the following
restrictions shall bind and restrict the use of the rights-of-way.
3. This Declaration shall be recorded with the Clerk in the Official
Records of Monroe County, Florida.
4. All persons dealing with the rights-of-way and entitled by law to
enforce and compel compliance with this Declaration shall have a
full remedy both in law and in equity to enforce and compel
compliance with this Declaration and to benefit and take advantage
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of this Declaration; provided however, that the violation or
attempted violation of any restriction in this Declaration, shall not
be deemed to operate or work a reverter or forfeiture.
5. This Declaration in full does not amend or modify any statements
or representations of the County, or any requirements of the
respective ordinances of the County dealing with the subdividing
and platting of land or the design and construction of
improvements, but 'is intended as additional covenants and
agreements for the purposes set forth here.
6. The County does, by this Declaration, specifically estop itself and all
its successors and assigns from contending in any manner that the
above covenants are not full and \adequate covenants running with
the land and binding on the land' for all times after the making of
this declaration until expressly modified or amended, if at all, with
the consent of the majority of property owners of Lots in Hibiscus
Park Subdivision, Key Largo, Monroe County, Florida.
7. Invalidation of anyone of these covenants by judgment or Court
Order shall in no case affect any of the other covenants which shall
remain in full effect.
SPECIFIC CONDITIONS
1. There shall be installed on Buttonwood Lane, in the vicinity of Lot
1, Block 2, Hibiscus Park Subdivision, a lockable chain link gate
approximately six feet high and ten feet wide to prevent access to
the adjacent subdivision by any vehicle other than emergency
vehicles. .
2. The public rights-of-way in Hibiscus Park Subdivision, Key Largo,
Monroe County, Florida, shall retain the residential character of a
small rural lane providing general access only to the lots in said
platted subdivision and any vehicular access to properties adjacent
to said subdivision shall be limited to emergency vehicles.
IN WITNESS WHEREOF, the Board of County Commissioners has
caused this Declaration of Restrictive Covenant to be executed in its name by
its Board of County Commissioners acting by the Mayor or Vice-Mayor of said
Board, this day of , 2002.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
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DECLARATION OF RESTRICTIVE COVENANT
The Board of County Commissioners of Monroe County, Florida, who have an
interest in the public roads of Hibiscus Park Subdivision, Key Largo, Monroe County,
Florida, by virtue of the plat of said subdivision, found at Monroe County Plat Book 3,
page 166, wherein said rights-of-way were dedicated to the perpetual use of the
public, makes and enters the Restrictive Covenant below described:
WHEREAS, proposed development in Industrial Acres Subdivision, north of
and adjacent to Hibiscus Park Subdivision, both subdivisions being situated on Key
Largo, Monroe County, Florida, has resulted in public discourse evidencing concerns
by Hibiscus Park property owners and residents that their rural and residential
neighborhood might become congested with traffic to the development adjacent to
Hibiscus Park Subdivision; and
WHEREAS, Hibiscus Lane, the single developed road in Hibiscus Park
Subdivision, could become a main feeder thoroughfare to Industrial Acres
Subdivision upon its development, subject to an increase in traffic of 500 trips per
daYi and
WHEREAS, the Board of County Commissioners of Monroe County has
caused a public hearing to be properly noticed and held concerning the establishment
of restrictive covenants governing the public rights-of-way in Hibiscus Park
Subdivision and barring access by any vehicular traffic other than emergency
vehicles from said subdivision to the northerly adjacent subdivision; and
WHEREAS, the Board of County Commissioners of Monroe County has
determined that it is in the best interest of the publiC that fire trucks and ambulances
be allowed to access Industrial Acres Subdivision through the public rights-of-way in
Hibiscus Park Subdivision;
NOW THEREFORE, BE IT DECLARED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY that:
1. The above recitals are incorporated by reference into this Declaration.
2, The following restrictions affect all of the rights-of-way dedicated to the
public, and not heretofore abandoned by official action of the Board of
County Commissioners of Monroe County, Florida, in the Plat of Hibiscus
Park Subdivision, Monroe County Plat Book 3, page 166, and shall be
construed as covenants running with the land, it being the intent of the
County Commission that the following restrictions shall bind and restrict
the use of the rights-of-way,
3. This Declaration shall be recorded with the Clerk in the Official Records of
Monroe County, Florida.
4. All persons dealing with the rights-of-way and entitled by law to enforce
and compel compliance with this Declaration shall have a full remedy both
in law and in equity to enforce and com per compliance with this
Declaration and to benefit and take advantage of this Declaration;
prOVided however, that the violation or attempted violation of any
restriction in this Declaration, shall not be deemed to operate or work a
reverter or forfeiture.
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S. This Declaration in full does not amend or modify any statements or
representations of the CountYI or any requirements of the respective
ordinances of the County dealing with the subdividing and platting of land
or the design and construction of improvements, but is intended as
additional covenants and agreements for the purposes set forth here.
6. The County does, by this Declaration, specifically estop itself and all its
successors and assigns from contending in any manner that the above
covenants are not full and adequate covenants running with the land and
binding on the land for all times after the making of this declaration until
expressly modified or amended, If at all, with the consent of the majority
of property owners of Lots In Hibiscus Park Subdivision, Key Largo,
Monroe County, Florida.
7. Invalidation of anyone of these covenants by judgment or Court Order
shall in no case affect any of the other covenants which shall remain in full
effect,
SPECIFIC CONDITIONS
1. There shall be installed in the vicinity of the crossover route between
Buttonwood Lane and Hibiscus Lane, Hibiscus Park Subdivision, a
barrier(s) approved by the Monroe County Commission and Fire Marshall
to prevent access from said Subdivision to the adjacent subdivision by any
vehicle other than emergency vehicles.
2. The public rights-of-way in Hibiscus Park Subdivisionl Key Largo, Monroe
County, Florldal shall retain the residential character of a small rural lane
providing general access only to the lots In said platted subdivision and
any vehicular access to properties adjacent to said subdivision shall be
limited to emergency vehicles.
IN WITNESS WHEREOF, the Board of County Commissioners has caused
this Declaration of Restrictive Covenant to be executed in its name by its Board of
County Commissioners acting by the Mayor or Vice-Mayor of said Board, this
day of I 2002.
(SE:AL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By_
Deputy Clerk
By
Mayor/Chairman
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