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Item L04 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 18. 2002 Bulk Item: Yes X No Division: Department: Growth Manag:ement Planning AGENDA ITEM WORDING: Approval for one Restrictive Covenant from Pamela Sante Trustee 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. Pamela Sante Trustee 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. 32-2001. 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 OMBlPurchasing N/ A Risk Management N/ A DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow Not Required_ DISPOSITION: AGENDA ITEM #4 ~ MEMORANDUM TO: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management DirectcJ.fl 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 95-3-1788 Pamela Sante Trustee Pamela Sante Trustee Lot 5, Block 3, Harbor Shores, Key Largo. This instrument prepared by: Gay Marie Smi th P.o. Box 1638 Tavernier, FL 33070 INTENSITY REDUCTION RESTRICTIVE COVENANT NON-RESIDENTIAL 1. WHEREAS Pamela Sante Trustee the undersigned is the sole owner of the following described real property located in Monroe County, Florida, described as follows: Lot(s): 5 Block: 3 Subdivision: Harbor Shores Key: T.arQ'o PB 3-44 Real Estates Number(s): 00521950.000000 ; and 2. WHEREAS, an application for building permit # 95-3-1788 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 of ten (10) years; and Page 1 of 2 INTENSITY REDUCTION Restrictive Covenant 00521951.000000 · That the proposed structure has a Floor Area Ratio of 19.1 percent. The proposed structure is 2,470 square feet on a 12,906 size parcel. The floor area ratio shall not exceed 23 percent, which would be 2,900 square feet; 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. EXECUTED ON THIS \ Q day of ;(1 Q~v6a./ .200"2- -' OWNER OR OWNERS (Signature) Gay Marie Smi th (PrinVType Name) ~ (Signature) t:h,:r. Gn~ (PrinVType Name) (PrinVType Name) ~\'~.~~'L ~~ (Signature) - 1=6~c \ ~ ,)Qf\'k- (PrinVType Name) Sworn before me this Q day oL{)opr1e~ ~ L - I) /1 )~LO<- ~.~ ..- Notary Public (Print Name) l. lo ' 0 . <.--tC:-1 Cc t lU1.S-<- Notary Public (Signature) My Commission Expires: ,200bA.D. ~~~:~'t-~ MARCIA L PANSE t(IJ..~:*1 MY COMMISSION 1/ CC 982204 ~~~.; eXPIRes; Mareh la, 2005 ""t:tf,I~'" BonCSed Tnru HOltry P'u"No UlWIerwrtteft Page 2 of 2 INTENSITY REDUCTION Restrictive Covenant 00521951.000000 r APPROVED AS TO FORM -1 ~.~:SUFF~ BY~ LL-:c :~/ L Attorney s OHlce