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Item M12BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 15, 2003 Division: Growth Management Bulk Item: Yes x No Department: Planning AGENDA ITEM WORDING: Approval for one Restrictive Covenant from Robert & Patricia Holeman to have one dwelling unit on contiguous lots described as Sec. 14, Twp 61, Rng 39 Island of Key Largo Part Lot 2 a.k.a. Lots 7, 8, & 9, Block 3, Unrecorded Plat of Oceana, Key Largo. ITEM BACKGROUND: On September 10, 2003 the Planning Commission approved an allocation award for the applicants listed below provided the applicants' Restrictive Covenant is approved by the BOCC. Robert & Patricia Holeman submitted the Restrictive Covenant to Monroe County. The applicants are 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 COST TO COUNTY: N/A REVENUE PRODUCING: Yes N/A No APPROVED BY: BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A AMOUNT PER MONTH N/A Year County Atty X OMB/Purchasing N/A DIVISION DIRECTOR APPROVAL: Risk Management N/A DOCUMENTATION: Included X To Follow Not Required. DISPOSITION: AGENDA ITEM # �/ ADD -ON M E M O R A N D U M TO:: Danny Kolhage, Clerk of the Court FROM: Timothy J. McGarry, Growth Management D' DATE: October 15, 2003 RE: Clarification of Agenda Item Restrictive Covenant Permit Name on Name on Legal Number Agenda Item Restrictive Covenant Description 02-3-4095 Robert & Patricia Robert & Patricia Holeman Holeman Sec. 14, Twp 61, Rng 39 Island of Key Largo Part Lot 2 a.k.a. Lots 7, 8, & 9, Block 3, Unrecorded Plat of Oceana, Key Largo (RE: 00085460.000000 & 00085470.000000) LOT AGGREGATION RESTRICTIVE COVENANT 1. Whereas, Robert & Patricia Holeman, a married couple, the undersigned are the sole owners of the following described real property located in Monroe County, Florida described as follows: Section 14, Township 61, Range 39, Island of Key Largo, Part Lot 2 (A.K.A. Lot(s): 7, 8, and 9 Block: 3 Subdivision: Unrecorded Plat of Oceana) Key: Largo PB: 1-68 Real Estate #(s): 00085460.000000 & 00085470.000000 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 # 02-3-4095 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 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 1 of 2 RE: 00085460.000000 & 00085470.000000 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 legal method, as the County deems appropriate. EXECUTED ON THIS day of aloo Signature) Robert Holeman WITNESSESS: 9 -',Lk �&� (Signature) (Signature) Patricia Holeman , nn ynccc- ram- y (Print/Type Name) 1�1�- 121 (Signature) 4vivG (Print/Type Name) Sworn before me this _L�_day of VONROE COUNTY ATTORNEY TO FORM: E N. WOLFE Date— IEF�, $TAt9%�O�1Y ATTORNEY , This Instrument Prepared by: Robert Holeman 330 3r4 Rd. Key Largo, FL 33037 Lot Aggregation Restrictive Covenant Page 2 of 2 RE: 00085460.000000 & 00085470,000000