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Item M03 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 Joseph Micheal & Agnes Brunke to have one dwelling unit on contiguous lots described as Lots 4, and 5, Block 4, Largo Sound Park, 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. Joseph Micheal & Agnes Brunke 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. 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 DIVISION DIRECTOR APPROVAL: DOCUMENT A TION: Incl uded X To Follow_ Not Required_ DISPOSITION: AGENDAITEM# //A.? MEMORANDUM TO:: FROM: DATE: RE: Danny Kolhage, Clerk of the Court /fJ1 Timothy J. McGarry, Growth Management Direct~1j March 19,2003 Clarification of Agenda Item Restrictive Covenant Permit Number Name on Agenda Item Name on Restrictive Covenant Legal Description 02-3-2707 Joseph Micheal & Agnes Brunke Joseph Micheal & Agnes Brunke Lots 4, and 5, Block 4, Largo Sound Park, Key Largo LOT AGGREGATION RESTRICTIVE COVENANT 1. Whereas, Joseph Micheal and AQnes Brunke. 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): 4 and 5 Block: 4 Subdivision: Larao Sound Park Key: Larao PB: 3-111 Real Estate #(s): 00470970-000000 & 00470980-000000; 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 #02-3-2707 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 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 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 . This covenant is intended to benefit and run in favor of the County of Monroe; and Lot Aggregation Restrictive Covenant Page 1 of2 RE: 00470970.000000 and 00470980.000000 . 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 --'!L day of ~~_, 0003 OWNER OR OWNERS WITNESSESS: (Signature) '---fIw ~rlL L. tOld At- (PrintlType Name) Ql TA UA-fZ.v/EY (Signature) Sworn before me this /9 day of 1k~ ~3 A.D. ~~s~ ~::liW~~~~ Notary Public (Signature) My Commission Expires ~. ~,,/.;;a;? This instrument was prepared by: Joseph M. Brunke 118 Seminole Blvd. Tavernier. FL 33070 Lot Aggregation Restrictive Covenant RE: 00470970.000000 and 00470980.000000 Page 2 of2 LAURA LASKI&cARROLL MY COMMISSION' 00 1~ EXPIRES: Auauat 26, 2006 IoncIIlIllllu NcIlIIy 'NlIio UncIIIwItlIrI