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Item M11 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Division: Growth Mana~ement Department: Planning Meeting Date: May 21. 2003 Bulk Item: Yes X No AGENDA ITEM WORDING: Approval for a Single Family Residence Restrictive Covenant from Gary C. Weiss and Sandra W. Libbey to have one single family residence and a guest house on Part Lot 7, Big Pine Key RE: 00 I 09540.000000. ITEM BACKGROUND: On February 10, 2003 the applicant submitted a Building Permit Application for the construction of a replacement single-family residence and convert an accessory building to a guest house. PREVIOUS RELEVANT BOARD ACTION: None CONTRACT/AGREEMENT CHANGES: N/A. STAFF RECOMMENDATION: Approval. TOTAL COST: x BUDGETED: Yes N/ A No COST TO COUNTY: N/A REVENUE PRODUCING: Yes N/ A No AMOUNT PER MONTH N/ A Year DIVISION DIRECTOR APPROVAL: Risk Management N/A APPROVED BY: County Atty l DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDA ITEM # ~// . MEMORANDUM TO:: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management Director May 21,2003 Clarification of Agenda Item Restrictive Covenant Permit Number Name on Agenda Item Name on Restrictive Covenant 03-1-0524 Gary C. Weiss and Sandra W. Libbey Gary C. Weiss and Sandra W. Libbey Legal Description Part Lot 7, Big Pine Key (RE: 00109540.000000. This instrument prepared by: Carrie Ryan P.O. Box 555 Big Pine Key, FL 33043 SINGLE FAMILY RESIDENCE RESTRICTIVE COVENANT 1. WHEREAS, Gary C. Weiss. a single man and Sandra W. Libbey a single woman. the undersigned are the sole owners of the following described real property located in Monroe County, Florida, described as follows: Lot(s): Part Lot 7. Key: Biq Pine Real Estate Numbers: 00109540.000000: and 2. WHEREAS, an application for building permit #03-1-0524 for the construction of a replacement single family residence on the above described parcel has been submitted to the Monroe County Building Department; and 3. WHEREAS, the Improved Subdivision (IS) Land Use District allows only the construction of single family residences; 4. WHEREAS, the property currently has two separate structures which each have a kitchen on the above-described premises; 5. WHEREAS, 6. NOW, THEREFORE, the undersigned agree as follows: · The replacement single-family residence permit 03-1-0524 will not be issued until the other residential unit on site has the kitchen removed and is converted to an accessory building for a guest house via a building permit and inspected by Monroe County Growth Management. · The above described replacement residence is permitted as a single family residence, and upon completion of the structure and final approved inspections will receive a Certificate of Occupancy for a single-family residence; and Single Family Residence Covenant 00109540.000000 Page 1 of 2 · That no structural changes or interior renovations will be made to the single- family residence which will allow the use of the residence as a duplex or multi-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 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 I L{-, day of ,4~r~ ( 2003 Signature earl R. C! vdfo. ('~ J'oS) 'rY\.QI".- (PrintfType Name) -\ ~~ Q).c)jLdl 1'\, (S' nature) Jtne ?a+.eV~f}cdYc' (PrintfType Name) ~~w ~~ (~) (Signature) APPROVED AS TO FORM ~cy :'_ . \ " ;"'._..... J" Anomer's Office Sandra W. Libbev (PrintfType Name) Sworn before me this I\..-t'''' day of -\nl i I \ ,2003 AD. Single Family Residence Covenant 001 09540.00000(1 Page 2 of2 1~:,e.5C L,1.,', No~ary Public ~rint Name) .It '-'-- .(,,11,1,,- Notary Public (Signature) My Commission Expires: ~'CL"j 12, leDL- TERi:SA LI L Notary Public - State of Ne" '.. i '. No. 01 L16042303 Qualified in Kings COt! My Comrni~c:ir'" r'T',. r.,'" ,-.."-