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Item M23 ADD-ON BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Au~ust 20. 2003 Bulk Item: Yes X No Division: Growth Management Department: Planning AGENDA ITEM WORDING: Approval for one Restrictive Covenant from Mark Boalch to have one dwelling unit . on contiguous lots described as Lots 21, 22, & 23, Block 2, Largo Beach, Key Largo. ITEM BACKGROUND: On July 9, 2003 the Planning Commission approved an allocation award for the applicant listed below provided the applicant's Restrictive Covenant is approved by the BOCC. Mark Boalch submitted the Restrictive Covenant to Monroe County. The applicant receiving one dwelling unit allocation award for the year ending July 13,2003, has 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 Risk Management N/ A DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDA ITEM # /7o:z:1 ADD-ON MEMORANDUM TO:: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management Directc:t5n August 20, 2003 Clarification of Agenda Item Restrictive Covenant Permit Number Name on Agenda Item Name on Legal Restrictive Covenant Description 02-3-5392 Mark Boalch Mark BoaIch Lots 21, 22, & 23, Block 2, Largo Beach, Key Largo This Instrument prepared by: Mark D. Boalch PO Box 82 Tavernier, FL 33070 LOT AGGREGATION RESTRICTIVE COVENANT 1. WHEREAS, Mark D. Boalch, a sinale man. is the owner of real property located in Monroe County, Florida, described as follows: Lots: 21.22 & 23 Block: 2 - Subdivision: Lamo Beach Key: Larao PB: 1-1 08 Real Estate Numbers: 00477340.000000 00477350.000000 & 00347360.00000: 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 parcels were assigned additional points in the Permit Allocation System for building permit # 02-3-5392 for the voluntary 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 three dwelling units to one dwelling unit in consideration of a building permit to build a single-family residence; and Page 1 of 2 Lot Aggregation Restrictive Covenant RE#00477340.000000 00477350.000000 00477360.000000 · 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 ~ \ -day of WITNESSES: !Jf/czuL ~/ P (Signature) ~N ['1IfittM;~ (Print/Type Nam ) ~~ (8&,e) . hI ~/~ ~~ 0 (Print/Type Name) MONROE COUNTY ATTORNEY ~RM: R N. WOLFE CHIEF ~!!A~~~ ~ORNEV Dale ~ ~.{ Sworn before me this ~ \ - day 0 ~ , 2002 A.D. "1111',,, Dale M Kelleher ", ~v PIJ '" . '11.~~' DDIl35284 : . : .:: 1l~;~ June 20. 2005 Notary~' [(Prij,~ , loc- '1/"1"" AtIa1\~ ~roo. \ ......()~~~ Notary Public ignature) My Commissio Expires: Page 2 of 2 Lot Aggregation Restrictive Covenant RE#00477340.000000 00477350.000000 00477360.000000