Item L13
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Division:
Department:
Growth Management
Planning
Meeting Date: July 15. 2003
Bulk Item: Yes X No
AGENDA ITEM WORDING: Approval for the transfer of one buildable lot from David & Lyubov Taulbee to
Monroe County by Warranty Deed; and approval for one Restrictive Covenant from David & Lyubov Taulbee to
have one dwelling unit on contiguous lots described as Lots 18 and 19, Block 10, Breezeswept Beach Estates,
Ramrod Key.
ITEM BACKGROUND: On June II, 2003 the Planning Commission approved an allocation award for the
applicants listed below provided the applicants' Warranty Deed and Restrictive Covenant are approved by the
BOCC. David & Lyubov Taulbee submitted the Warranty Deed to donate one lot to Monroe County and the
Restrictive Covenant to Monroe County. The applicants are receiving a dwelling unit allocation award for the year
ending July 13,2003, have filed the documents in accordance with Ordinance No. 47-1999.
PREVIOUS RELEVANT BOARD ACTION: On November II, 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 Arty l
Risk Management N/A
DIVISION DIRECTOR APPROVAL:
arry, AICP
DOCUMENTATION:
Included X
To Follow_
Not Required_
AGENDA ITEM # Llj
DISPOSITION:
MEMORANDUM
TO:
FROM:
DATE:
RE:
Danny Kolhage, Clerk of the Court
Timothy J. McGany. Growth Management Directo'qil
July 15, 2003
Clarification of Agenda Item
Land Dedications & Restrictive Covenant
Permit
Number
Name on
Agenda Item
Name on Legal
Warranty Deed or Description
Restrictive Covenant
02-1-5237
David Taulbee
David & Lyubov
Taulbee
Lot 15, Block 26, Sands
Subd., Big Pine Key
02-1-5237
David Taulbee
David & Lyubov
Taulbee
Lots 18 and 19, Block 10,
Breezeswept Beach
Estates, Ramrod Key.
LOT AGGREGATION RESTRICTIVE COVENANT
]. WHEREAS, David & Lyubov Taulbee, a married couple the undersigned are sole
Omlers of the following described real propel1)' located in ~lonroe COilllty, Florida
described as follows:
Lot(s):
18 & 19
Block:
10
Subdivision: ..Bre~zeswept Beach Estates
Key: Ramrod
PB: 4-143
Real Estate Number(s): 00204050.000000. and 00204060.000000
2. \VHEREAS, 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 parels were assigned additional points in the
Pemnt Allocation System for building a Penuit Allocation System for building
permit 02-1-5237 for the voluntaIy reduction of density through aggregation of vacant,
legally platted, buildable lots: and
4. NOW, THEREFORE, the undersigned agree as follows:
. The above described parcels shall have its density reduced from twQ dwelling
Units to one dwelling unit in consideration of a building unit pemnt to build a-
single family residence; and
. The restrictions herein shall be binding upon 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 tlus restriction shall nul with the
land and shall be forever binding upon successors in title; and
. This covenant is intended to benefit and nm in favor of the County of Monroe; and
Lot Aggregation Restrictive Covenant Page 1 of 2
RE No.: 00204050.000000 & 00204060.000000
./'{l ()yJ\C<. ~~
ct).~~o~
This instrument was prepared by:
~drn. Wiltill1m
30051 Pond T nne
Bi~ Pine ~ Fl. 33043
. In the event of any breach or violation of the covenant contained herein, the said
County may enforce the covenant by inj~ction or such other legal method, as the
County deems appropriafh
EXECUTEDONTHIS~ DaYOfC/ eMW 2002
C ~:of:t=(lavJktL
t) ~ --z-~
(David Taulbee)
O,c,V 0> TAuJ"BE E
(prini Name)
~bo"/ T tut j~
(Lyubov Taulbee)
~"bov Tau Lbee.
(p li Name)
r~ I/~ ~
, rintfI'ype Name) 0
dMf1~ SIJLbh'Oi]
(Signature
J~M~ SWlL-t; "'1
(PrintIType Name) #l
Sworn. before me the l~Day of
if ~ Kendra EUen W\Il8ma
rJ . My eommlSSion 00075111
,~" Explre& November 28. 2005
~
A.D.
em 'e-e-r zs,J "'Z..O~
-~d-WO-A- cD. ~
.Lot Aggregation Restrictive Covenant Page 2 of2
RE.: 00204050.000000 & 00204060.000000
-
,
II
, This Instrument Prepared By,
Record and Return to:
MEYER & ERSKINE, P.A.
31211 AVENUE A
BIG PINE KEY, FL 33043
Parcel Identification Number: 00303330.000000
SPACE ABOVE TInS LINE FOR RECORDING DATA
WARRANTY DEED
THIS INDENTURE, made this day of .2003, between DavId
Taulbee and Lyubov Taulbee, his wife, GRANTOR., whose address is 27359 Jamaica Lane. Ramrod Key, FL
33042 , and MONROE COUNTY, a political subdIvision of the State of Florida, whose address is 500
Whitehead Street, Key West, FL 33040, GRANTEE.;
(Wherever used herein the terms "Grantor" and "Grantee" shall include all the parties to this instrument and heirs,
legal representatives, and assigns of individuals, and the successors and assigns of corporations.)
WITNESSETH, That said Grantors, for and in consideration of the sum ofTEN AND 00/100 ($10.00)
DOLLARS and other good and valuable consideration, to said Grantors in hand paid by said Grantee, the receipt
whereof is hereby acknowledged, have granted, bargained and sold to the Grantee and Grantee's heirs and assigns
forever the following described land located in the County of MONROE, State of Florida, to-wit:
Lot 15, Block 26, SANDS SUBDMSION, according to the Plat thereof, recorded In Plat Book
1, Page 65, of the Public Records of Monroe County, Florida.
THE PROPERTY CONVEYED HEREIN IS NEITHER THE DOMICILE NOR THE HOMESTEAD OF THE
GRANTORS HEREIN OR ANY OF THEIR IMMEDIATE HOUSEHOLD AS DEFINED BY THE LAWS OF
THE STATE OF FLORIDA.
TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining, and To HA VB AND TO HOLD, the same in fee simple forever. The Grantors hereby covenant with
said Grantee that the Grantors are lawfully seized of said land in fee simple; that the Grantors have good right and
lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against
the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing
subsequent to the date of transfer.
IN WITNESS WHEREOF, the said Grantors have signed and sealed these presents the day and year flTSt
above written.
Signed, sealed and delivered in the presence of:
~t/.f?(,ck.'-1Y) {l)U~JJ-
W).tpess Signature i 1_
'f<nh.(rJ..@. rYI U)[~A~r.e.-('~
Printed Signature
~V~J=::P
Witn~s Signaqu:e
sharon V. Staudt
Printed Signature
STATE OF FLORIDA
COUNTY OF MONROE
I ~..r
The foregoing instrument was acknowledged before me this d ~ ~ of
David Taulbee and Lyubov Taulbee, who [ ] is personally known to me or vn>roduce
as identification, and who (did/did not) take an oath. ~
Notary Seal ~
Notary ~n: V. Staudt
1!) fjJ~
, ~
David Taulbee
~t.{ btlv TOtM/~
Lyub v Taulbee
r."::\~~,~:~;,"".'."SHARONV~STAUDT
il~~v P1i:\ Cvmmls8lon" 000085401
, ii ~ . 1t'; ~ Expl.... 2IZ3I2OllI
~~ ~~ Bonded lImlugIl
1 lit,,, OFf~~,\,'~ Florida NoWry Ann., 1nc.
.:~~I:...................................""'''
Printed Notary Signature J I
My Commission Expires: c:!)-/d-3l~