Item L11
ADD-ON
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 16. 2003
Bulk Item: Yes X No
Division: Growth Mana~ement
Department: Planning
AGENDA ITEM WORDING: Approval for one Restrictive Covenant from Flynn S. & Marian Smith to have one
dwelling unit on ,contiguous lots described as Lots 2 & 3, Block 1, Cudjoe Gardens, and Lot 1, Block 15, Cudjoe
Gardens 4th Addition, Cudjoe Key.
ITEM BACKGROUND: On March 26, 2003 the Planning Commission approved an allocation award for the
applicants listed below provided the applicants' Restrictive Covenant is approved by the BOCC. Flynn S. & Marian
Smith submitted the Restrictive Covenant to Monroe County. The applicants receiving one dwelling unit allocation
award for the year ending July 13,2003, 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: NI A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH NI A Year
APPROVED BY: County Atty l OMB/Purchasing N/A
Risk Management N/ A
DIVISION DIRECTOR APPROVAL:
DOCUMENT A TION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #
LJ/
ADD-ON
MEMORANDUM
TO::
FROM:
DATE:
RE:
Danny Kolhage, Clerk of the Court
Timothy 1. McGarry, Growth Management DirectoqrJ
April 16, 2003
Clarification of Agenda Item
Restrictive Covenant
Permit
Number
Name on
A~enda Item
Name on
Restrictive Covenant
Legal
Description
02-1-4735
Flynn S. & Marian
Smith
Flynn S. & Marian
Smith
Lots 2 & 3, Block 1,
Cudjoe Gardens, and Lot
1, Block 15, Cudjoe
Gardens 4th Addition,
Cudjoe Key
'-'"
"",,-
LOT AGGREGATION RESTRICTIVE COVENANT
- ..- - .
1. Whereas, Flvnn S. and Marian Smith, 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): 2 and 3 Block: 1, Subdivision: Cudioe Gardens
and,
Lot(s): 1 Block: 15, Subdivision: Cudioe Gardens 4th Add.
Key: Cudjoe
PB: 4.78 and 6.38
Real Estate #(5): 00172100.000000, 00172110.000000
00174631.000100; 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 dE~scribed parcel(s) was assign'ed additional points in .
the Permit Allocation System for building permit # 02-1-4735 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 three
dwelling units to one dwelling unit in consideration of a building pennit to
build a single-family residence; and
. The restrictions herein shall be binding upon the representatives, heirs,
assigns and successClrS in title of the undersigned; it being the intention if
the undersigned by execution and recording of this document that this
Lot Aggregation Restrictive Covenant' Page 1 of2
RE: 00172100.000000,00174631.000100 and 00172110.000000
.~
'-
"
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
. 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.
WITNESSESS:
C\~tl~-
( "i nature)
J~M~ +\ .~eTi'
(PrintfType Name) h\ /
?s:~ h ~1--
(Signature)
-.....-. "~-vin L<..~O~~c \~r
(PrintlType Name)
Sworn before me this .;:2/ ~tI day of
rJ~U~
(Signature) Marian V. Smith
2:Jtcllmbtn, d2oc-A A.D.
/I!;IRy' (t,( r J~ft R-
Notary Public (Print Name)
"";:~I,."....
~~ "'ARy KATHLE~I.j TUCKeR
:JNctary Fubllc - Slae 01 FloriGa
~ My Com~l!"'.()~ Ell:pi~l Jun 13, 2005
..r..t COmr1'1i"~''Jn #- n0033/3li7
~,.".....
ot ry Public (Signature)
y Commission Expires
This instmment was prepared by:
Flynn S. Smith
2817 Venetian Drive
I(ev West, FL 33040
Lot Aggregation Restrictive Covenant Page 2 of 2
RE: 00172100.000000,00174631.000100 and 00172110.000000