Item M04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 19.2003
Bulk Item: Yes X No
Division:
Department:
Growth Management
Planning
AGENDA ITEM WORDING: Approval for one Restrictive Covenant from Charles W. & Susan M. Peabody to
have one dwelling unit on contiguous lots described as Lots 27 and 28, Block 5, Doctors Arm I st Addition, Big Pine
Key.
ITEM BACKGROUND: On August 8, 1996 the Planning Commission approved an allocation award for the
applicants listed below provided the applicants Restrictive Covenant is approved by the BOCC. Charles W. & Susan
M. Peabody submitted the Restrictive Covenant to Monroe County. The applicants are receiving a 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. On June 19,2002 the Board of County Commissioners approved Resolution No. 263-2002 for a Beneficial
Use Determination Promulgated by the Special Master.
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 Arty l
DOCUMENTATION:
Included X
To Follow
Not Required
DIVISION DIRECTOR APPROVAL:
AGENDAlTEM#~
DISPOSITION:
MEMORANDUM
TO:
FROM:
DATE:
RE:
Danny Kolhage, Clerk of the Court /1,;1
Timothy J. McGarry, Growth Management rf(':;~r
March 19,2003
Clarification of Agenda Item
Lot Aggregation Restrictive Covenant
Permit
Number
Name on
A2enda Item
Name on
Restrictive Covenant
96-1-0971
Charles W. & Susan M.
Peabody
Charles W. & Susan M.
Peabody
Legal
Description
Lots 27 and 28, Block 5,
Doctors Arm 1 SI Addition,
Big Pine Key
LOT AGGREGATION RESTRICTIVE COVENANT
1. Whereas, Charles W. and Susan M. Peabody, 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): 27 and 28 Block(s): 5
Subdivision: Doctors Arm 1st Addition
Key: Bia Pine PB: 4-149
Real Estate #(s): 00311850.000000 and 00311860.000000.
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 #96-1-0971 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
Lot Aggregation Restrictive Covenant Page I of2
RE: 00311850.000000, and 00311860.000000
. 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
I~gal method, as the County deems appropriate.
EXECUTED ON THIS } 'I day of /~ 5',
;J ,.) D j
v..A
r
. ,(UYlu/Yj ~
(Signature)
tJGMFFN f/)!JYE"'j
. (PrintfType Name)
Sworn before me this :; '7 day of J;~, ~ 13 A.~.'
hJt::)~ U;{/ CJ0AJ~~
Notary ublic (Print Name)
~~b~n~
My Commission Expires
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This instrument was prepared by:
Charles W. Peabody, Jr.
3710 Monserrate
Coral Gables, FL 33134
Lot Aggregation Restrictive Covenant Page 2 of2
RE: 00311850.000000, and 00311860.000000