Item I08
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Division: Growth Management
Department: Planning
Meeting Date: May 19.2004
Bulk Item: Yes X No
AGENDA ITEM WORDING: Approval for one Restrictive Covenant from David Jachowski and William Niles to
have one dwelling unit on contiguous lots described as Lots 15 & 16, Block 3, Summerland Key Cove Amended,
Summerland Key,
ITEM BACKGROUND: On April 14, 2004 the Planning Commission approved an allocation award for the
applicants listed below provided the applicants' Restrictive Covenant is approved by the BOCC, David Jachowski
and William Niles submitted the Restrictive Covenant to Monroe County. The applicant is receiving one dwelling
unit allocation award for the year ending July 13,2004, 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: 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 K-
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM J<6
MEMORANDUM
TO::
FROM:
DATE:
RE:
Danny Kolhage, Clerk of the Court
Timothy J, McGarry, Growth Management~r
May 19, 2004
Clarification of Agenda Item
Restrictive Covenant
Permit
Number
Name on
Agenda Item
Name on
Restrictive Covenant
03-1-4537
David Jachowski and
William Niles
David Jachowski and
William Niles
Legal
Description
Lots 15 & 16, Block 3,
Summerland Key Cove
Amended, Summerland
Key
LOT AGGREGATION RESTRICTIVE COVENANT
1. WHEREAS, David Jachowski. a sinale man and William C. Niles. a sinale
man, the undersigned are the sole owners of the following described real
property located in Monroe County, Florida described as follows:
Lot(s) 15 & 16 Block(s) ~
Subdivision: Amended Plat of Summerland Kev Cove
Key: Summerland PB: 4-35
Real Estate #(s): 00189660.000000 and 00189650.000000
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 # 03104537 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
two 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: 00189660.000000 and 00189650.00000
FRO'! :
FAX NO. :386-289-2515
May. 04 2004 01:12PM PS
-
· 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 1"1 _day of JJovem ~.e( I ;J..0115
OWNER OR OWNERS
[};~
. ~
1'k/~C.
William C. Niles
~ro.h ~..t'rtlt4jQ
(PrintIType Name)
Sworn before me this ~ day of ;J;rll~ he r:' ~OO~ A.D.
n n'W. r ft'-'1
This instrument was pmparod by:
David Jacl10wski
747 We~t Shore Or.
Summerland Kay. FL 33042
ubllc (Signature)
My CommIssion ExpirEts:
-'" ....... II: ~ MII!TfY
#~ _ CtlI'I1/lIlUICl \XlO'l1.
'-"'/ EIoplM July '1 Da
MONROE COUNTY ATTORNEY
AP R T FORM:
lot Aggregation Restrictive Covenant P098 2 of 2
R~: 00189680.000000 ana 00189850.000000
f: /f:
3~'dd
A ' wo\..~e
h~~\E~~ ~r~'~~O~NeY
SISE~6~S0E'aI 3~IddO A11'd A1Nno~ 30~NOW'WO~d 81'~1 ~2'