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Item M01 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 19.2003 Bulk Item: Yes X No Division: Growth Management Department: Planning AGENDA ITEM WORDING: Approval for one Restrictive Covenant from Miller & Pacho, Inc. to have one dwelling unit on contiguous lots described as Lots 5, and 6, Block 3, Lazy Lagoon, Key Largo. ITEM BACKGROUND: On February 12, 2003 the Planning Commission approved an allocation award for the applicants listed below provided the applicants' Restrictive Covenant is approved by the BOCC. Miller & Pacho, lnc submitted the Restrictive Covenant to Monroe County. The applicants receiving one dwelling unit allocation award for the year ending July 13,2002, have filed the document 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 SOURCE OF FUNDS: 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: AGENDA ITEM # /J / , MEMORANDUM TO:: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management Directt:lJ! March 19,2003 Clarification of Agenda Item Restrictive Covenant Permit Number Name on A2enda Item Name on Restrictive Covenant Legal Description 02-3-3899 Miller & Pacho, Inc. Miller & Pacho, Inc Lots 5, and 6, Block 3, Lazy Lagoon, Key Largo This instrument prepared by: Miller & Pacho, Inc. 102025 Overseas Highway Key Largo. FL 33037 LOT AGGREGATION RESTRICTIVE COVENANT 1. WHEREAS, Miller & Pacho, Inc. is the owner of real property located in Monroe County, Florida, described as follows: Lots: 5&6 Block: 3 - Subdivision: Anolers Park Key: Laroo PB: 1-159 Real Estate Numbers: 00551340.000000 & 00551350.000000: 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 # 02-3-3899 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 Page 1 of 2 RE#00551340.000000, #00551350.000000LOT AGGREGATION shall run with the land and shall be forever binding 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 /..) day of (k-I , 2002 OWNER OR OWNERS ~. .:JO>>tJ rv1/~ C V"p,) PrintfType Name WITNESSES: ~kMdM~ (Signature) MP~/ti-d 6-, d~1f Jr__ (PrintfType Name) (Signature) PrintfType Name ~, :s-~y D. ~i-uV)~ (PrintfType Name) ~ - Sworn before me this /Sdayof OJ ,2002 A.D. 5fJIJ])tfJ J uJR/G--I-fr Notary Public (Print Name) '~-'i~ ~ g.tur~F My Commission Expires: FL Ix- fI1 C/WJ ,C/7t, -IR 3- M (p-o Page 2 of 2 RE#00551340.000000, #00551350.000000LOT AGGREGATION