Item L02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December IS. 2002
Bulk Item: Yes X No
Division:
Department:
Growth Management
Plannin~
AGENDA ITEM WORDING: Approval for one Restrictive Covenant from Herbiberto Paez to limit the floor area
ratio of the described property to a maximum of twenty-three percent (23%) for a period of ten (10) years.
ITEM BACKGROUND: On November 19, 2002 the Planning Commission approved an allocation award for the
applicant listed below provided the applicants' Restrictive Covenant is approved by the BOCC. Heriberto Paez
submitted the Restrictive Covenant to Monroe County. The applicant is receiving a non-residential floor area
allocation award for the year ending July 13,2002 and has filed the document in accordance with Ordinance No. 32-
200 I.
PREVIOUS RELEVANT BOARD ACTION: On September 19,2001. the BOCC adopted Ordinance No. 032-
2001.
CONTRACT/AGREEMENT CHANGES: N/A.
STAFF RECOMMENDATION: Approval.
TOTAL COST:
N/A
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
AGENDA ITEM # b..-
DISPOSITION:
-\'\fV
MEMORANDUM
TO:
FROM:
DATE:
RE:
Danny Kolhage, Clerk of the Court _ I\n
Timothy J. McGarry, Growth Management Dire€91 'I
December 2,2002
Clarification of Agenda Item
Land Dedications & Restrictive Covenant
Permit
Number
Name on
Agenda Item
Name on Legal
Warranty Deed or Description
Restrictive Covenant
02-1-2085
Heriberto Paez
Heriberto Paez
Part of Lot 3, Ramrod
Shores Marina, Ramrod
Key
.This instrument prepared by:
Mr. Herberito Paez
2789 Angelfish Rd.
Summerland Key. FL 33042
INTENSITY REDUCTION RESTRICTIVE COVENANT
NON-RESIDENTIAL
1. WHEREAS -.It e IT''1' be ,,--9-0 \) a.. e 2. the undersigned is the sole
owner of the following described real property located in Monroe County, Florida,
described as follows:
Lot(s): ~
Block:
Subdivision: .R n N'\,~ D c-I .s h c "...~ S .Ai1 Q r-, '.., ,.,.
Key: go.......". () d PB
Real Estates Number(s): (') h I 14;;' Co.'" . 'Co on I'D C
; and
2. WHEREAS, an application for building permit # () ;;.../- do? .s- for the
construction of a commercial building on the above described parcel has been
submitted to the Monroe County Building Department; and
3. WHEREAS, Suburban Commercial (SC) Land Use District allows the construction
of office space/storage; and
4. NOW, THEREFORE, the undersigned agree as follows:
. The above described non-residential structure is permitted as a commercial
building, and upon completion of the structure and final approved inspections
will receive a Certificate of Occupancy for a commercial office building; and
. The floor area ratio of the property will be limited to a maximum of twenty-three
percent (23%) for a period often (10) years; and
Page 1 of 2
INTENSITY REDUCTION Restrictive Covenant
00114260.000100
· That the proposed structure has a Floor Area Ratio of 8 percent. The proposed
structure is 1,806 square feet on a 22,772 size parcel; 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 his restriction
shall run with the land and shall be forever biding upon the successors in title;
and
· This 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.
I
EXECUTED ON THIS ~day of )/Ot/f/n}JF(
, 200,.2...
WITNESSES \,/1
--Z~ 4" ~cL/
(Signature)
A.~t()/e ~ Ar~/cZ
(PrintfType Name)
G2 ,&-,~~ ~c _
(Signature)
--4c-<r~ /, ~ ~ v-e(.........
(PrintfType Name)
OWNER OR OWNERS
~~
W. " / ' //
(Signature) ,.
~erl'bev-rD Pa..e2-
(PrintfType Name)
(Signature)
(Print/Type Name)
'~\
Sworn before me this ,:)t/ day of L~([:,tH (\' I. )( ,r-
, 20c?:-A.D.
APPROVED t S TO FORM
, ~,. 1,.t-;:. = '-~72N~~.
/ f
D '~- J,.ltorn~y':> Of nee
I ..A-iL
~~~~.
Page 2 of 2
INTENSITY REDUCTION Restrictive Covenant
00114260.000100