Item L13
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 19. 2003
Bulk Item: Yes X No
Division:
Department:
Growth Management
Planning
AGENDA ITEM WORDING: Approval for the transfer of two buildable lots from Marvin Barrett to Monroe
County by Warranty Deeds; and approval for one Restrictive Covenant from Marvin Barrett to have one dwelling
unit on contiguous lots described as Lots 16 and 17, Block 12, Anglers Park, Key Largo.
ITEM BACKGROUND: On December 17, 2002 the Planning Commission approved an allocation award for the
applicant listed below provided the applicant's Warranty Deeds and Restrictive Covenant are approved by the
BOCC. Marvin Barrett submitted the Warranty Deeds to donate two lots to Monroe County and the Restrictive
Covenant to Monroe County. The applicant is receiving a dwelling unit allocation award for the year ending July
13,2003, has 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: X
BUDGETED: Yes N/A No
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/ A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/ A Year
APPROVED BY: County Atty l OMBlPurchasing N/A
DOCUMENTATION:
Included X
Risk Management N/ A
DIVISION DIRECTOR APPROVAL:
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # L^,?
1< (V\ f
MEMORANDUM
TO:
FROM:
DATE:
RE:
Danny Kolhage, Clerk of the Court ./JO Il~
Timot~y J. McGarry, Growth ManagemenTff
January 15, 2003
Clarification of Agenda Item
Land Dedications & Restrictive Covenant
Permit Name on Name on Legal
Number Agenda Item Warranty Deed or Description
Restrictive Covenant
02-3-2622 Marvin Barrett Marvin Barrett Lot 8, Block 9, Koehn's
Subdivision, Big Pine
Key
02-3-2622 Marvin Barrett Marvin Barrett Lot 3, Woodsvale
Subdivision, Sugarloaf
Key
02-3-2622 Marvin Barrett Marvin Barrett Lots 16 and 17, Block 12,
Anglers Park, Key Largo.
<r'"
LOT AGGREGATION RESTRICTIVE COVENANT
1. WHEREAS, Marvin Barrett. a sinale man. the undersianed is the sole owner of
the following described real property located in Monroe County, Florida,
described as follows:
Lots:_ 16 & 17 Block: -1.k
Subdivision: Analers Park
Key: Largo PB: 1-159
Real Estate Numbers: 00553060.000000 & 00553080.000000: 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 # 02-3-2622 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
title; and
Lot Aggregration Restrictive Convenant Page 1 of 2
RE# 00553060.000000 & 00553080.000000 _
· This covenant is intended to benefit and run in favor of the County of Monroe;
and
In the event of any breach or violatioflt'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 26 day of January 2003
OWNER OR. ~EI!a
I' . (/,1tf!
(Signature) Marvin Barrett
Gay Marie Smi th
(PrinUType Name)
~
. ~ ~.
(Signature)
Leslie Pete Meyers
(PrinUType Name)
Sworn before me this 26 day of January 2003 A.D.
Prepared by:
Gay Marie Smith
P.O. Box 1638
Tavemier, FL 33070
I
Leslie Pete Mevers
NotarY Public (Print Name)
~~~7~-
Notary Public (Sig a ure)
My Commission Expires:
$~~I/fi;;;;:. lESUE PETE MEYERS
~f ~ MYCOMM~S~N#CC~U~
~~ EXPIRES: December62003
.~ "Bonded Thru NOlIIy PllbIic UnUerwmers
Lot Aggregration Restrictive Convenant
RE# 00553060.000000 & 00553080.000000 _
Page 2 of 2
This ~ was pcpued by:
Ca1 Marie Smltb
PO 110& 1638
Tavenaler. n. 33070
WARRANTY DEED
This Indenture made this _ day of 2003 between Marvin
Barrett, an unmarried man, whose post office address is P.O. Box 2883, Key
Largo, FL 33037 of the County of Monroe, State of Florida, grantor, and THE
COUNTY OF MONROE, a political subdivision of the State of Florida, whose
post office address is clo Board of County Commissioners, 500 Whitehead Street,
Key West, FL 33040, of the county of MONROE, State of FLORIDA, grantee.
WITNESSETH, That said grantor, for and in consideration of the sum of
TEN AND OO/IOO'S (510.00) Dollars and other good and valuable considerations
to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted. bargained and sold to the said grantee, and grantee's
heirs and assigns forever, the following described land situate, lying and being in
Monroe County, Florida, to-wit:
Lot 3 ofWoodJvale Subdivilion according to the Plat tbereof, u recorded in tbe
Plat Book 4, Page 24, of tbe Public Records of Monroe County, Florida.
RE IlOO167020.00000o
Subject to taxes .ub.equent to date of tran.fer. Subject to all
conditions, easements. restrictions and limitations of record, if any.
TOGETHER, with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TOHA VE AND TO HOLD, the same in fee simple forever.
AND, the grantors hereby convenant with said grantees that the grantor is lawfully
seized of said land in fee simple: that the grantor have good right and lawful
authority to sell and convey said land, and hereby warrant 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.
IN WITNESS WHEREOF, the said grantor have signed and sealed these presents
the day and year the first above written.
Signed eale and delivered in our presence: M t
:I/L:i W~
. Marvin B ett
P.O. Box 2883
ay Marie Smith Key Largo, FL 33037
Printed or Typed Name
~~
Signature of Witness
Chris Sante
Printed or Typed Name
~OVEDASTor-
AT ro'
P._-
....~....j I; Office
/'
STATE OF FLORIDA
COUNTY of MONROE
The foregoing instrument was acknowledged before me this 17 day of
January 2003, by Marvin Barrett, who is personally known to me.
My Commission Expires:
.:~c *
~~~
CHRIS SANTE
MY COMMISSION' CC 939488
C i. diES: June 15. 2004
'j., ,.:..a Thru Budg.t Notlry Strvicet
This iDIlnuDcm was prepucd by.
G.)' MarIe SmIt11
PO 1Ioll1631
TavcnUer. n.. 33070
WARRANTY DEED
This Indenture made this _ day of 2003 between Marvin
Barrett, an unmarried man, whose post office address is P.O. Box 2883, Key
Largo, FL 33037 of the County of Monroe, State of Florida, grantor, and THE
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, grantee,
WITNESSETH, Tha, said grantor, for and in consideration of the sum of
TEN AND 00/1 OD'S ($10.00) Dollars and other good and valuable considerations
to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted. bargained and sold to the said grantee, and grantee's
heirs and assigns forever, the following described land situate, lying and being in
Monroe County, Florida, to-wit:
Lot 8. Block 9 of Koebn', Subdivision, Big Pine Key according to tbe Plat tbereof, as
recorded in tbe Plat Book 3, Page 83, of the Public Records of Monroe County,
Florida.
RE 1/00315160.00000o
Subject to tues subsequent to date of transfer. Subject to all
conditions, easements, restrictions and limitations of record. if any.
TOGETHER, with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HA VB AND TO HOLD, the same in fee simple forever.
AND, the grantors herebyconvenant with said grantees that the grantor is lawfully
seized of said land in fee simple: that the grantor have good right and lawful
a~thority to sell and convey said land, and hereby warrant the title to said land and
~l defe~d the same against the lawful claims of all persons whomsoever; and that
slUd land IS free of all encumbrances.
IN WITNESS WHEREOF, the said grantor have signed and sealed these presents
the day and year the first above written,
5i... ""'~ ond "'Ii""d m ."' _" . , ~
. ~. ,r'1~
Witness 'n Barrett
P.O, Box 2883
Key Largo, FL 33037
'-Gav Marie Smith
Printed or Typed Name
~~
Signature of Witness
Chris Sante
Printed or Typed Name
STATE OF FLORIDA
COUNTY of MONROE
The foregoing instrument was acknowledged before me this 17 day of
January 2003, by Marvin Barrett, who is personally known to me.
~~
Notary Public
My Commission Expires:
CHRIS SANTE
. MY CO\lMISSION * CC 939486
Exoi~ES: June 15, 2004
, dOli No..ry Servic..
e:-