Item M02
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 Byron R. & Nancy G. Ashby to have
one dwelling unit on contiguous lots described as Lots 8, 9, 10, and II, Block 1, 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. Byron R. & Nancy
G. Ashby 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. 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.
TOT AL 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 Arty l OMB/Purchasing N/ A
Risk Management N/ A
DIVISION DIRECTOR APPROVAL:
CP
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # ~ 2./
MEMORANDUM
TO::
FROM:
DATE:
RE:
Danny Kolhage, Clerk of the Court
Timothy J. McGarry, Growth Management Direct~
March 19,2003
Clarification of Agenda Item
Restrictive Covenant
Permit
Number
Name on
A~enda Item
Name on
Restrictive Covenant
Legal
Description
02-3-3363
Byron R. & Nancy G.
Ashby
Byron R. & Nancy G.
Ashby
Lots 8, 9,10, and 11,
Block 1, Lazy Lagoon,
Key Largo
LOT AGGREGATION RESTRICTIVE COVENANT
1. Whereas, Byron R. & Nancy G. Ashby. a married couple, the undersigned are
the sole owners of the following described real property located in Monroe
County, Florida described as follows:
Lot(s): 8. 9. 10 and 11 Block(s): 1
Subdivision: Lazy Laaoon
Key: Larao PB: 2-126
Real Estate #(s): 00496590.000000. 00496600.000000.
00496610.000000. 00496620.000000. 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 parcel(s) was assigned additional points in
the Permit Allocation System for building permit #02-3-3363 for the voluntary
reduction of density through aggregation of vacant, legally platted, buildable
lots.
4. NOW, THEREFORE, the undersigned agree as follows:
. The above described parcel(s) shall have its density reduced from four
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 if
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 Aggregation Restrictive Covenant Page 1 of2
RE: 00496590.000000,00496600.000000,00496610.000000, and 00496620.000000
· 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 ~b
,~.
WITNESSESS:
(Signature)
!J\OV'"l Ct1 \\ D1 V\e.
(PrintlType Name)
~~~
ignature)
-- '-~
\. Cf''f... '" ~
(PrintlType Name)
Sworn before me this
\<6
day of ~"(-:) , dro3 A.D.
L~ ~BLG\
Notary Public (Print Nam~
Notary Public (Signa e ~
My Commission Expires
'>'?P~. USA SENTZ-GUY
...: ~*: MY COMMISSION # DO 096090
~ EXPIRES: April 20, 2006
"'~iif.:.: ,,' Bonded Thru Notary Public Underwriters
This instrument was prepared by:
Byron R. Ashby
159 Dickie Way
Tavernier, FL 33070
Lot Aggregation Restrictive Covenant Page 2 of2
RE: 00496590.000000,00496600.000000,00496610.000000, and 00496620.000000