Item K03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Division: Growth Management
Department: Planning
Meeting Date: June 16. 2004
Bulk Item: Yes X No
AGENDA ITEM WORDING: Approval for one Restrictive Covenant from Gregory O. and Diana A, Pardo for
floor area intensity reduction on a property described as a Part of Lot 12, Section 32, Township 61, Range 39 East,
and further described in attached covenant, and Lot IB of Block 3, of the Resubdivision of Tract A, Harbor Shores.
ITEM BACKGROUND: On March 10,2004 the Planning Commission approved an NROGO floor area allocation
award for the applicants listed below provided the applicant's Restrictive Covenant is approved by the BOCC.
Gregory o. and Diana A. Pardo, a married couple, submitted the Restrictive Covenant to Monroe County. The
applicant is receiving one allocation award for 2,499 square feet for the year ending July 13, 2004, have filed the
document in accordance with Ordinance No. 032-2001.
PREVIOUS RELEVANT BOARD ACTION: On July 18, 2001, the BOCC adopted Ordinance No. 032-2001, the
NROGO Ordinance. The Board of County Commissioners approved floor area allocation for NROGO Year 12 at
their meeting on November 19,2003.
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 ..lL
DOCUMENTATION:
Included X
To Follow
Not Required_
AGENDAITEM#~
DISPOSITION:
MEMORANDUM
TO::
FROM:
DATE:
RE:
Danny Kolhage, Clerk of the Court
Timothy J. McGarry, Growth Management Direc~
May 26, 2004
Clarification of Agenda Item
Restrictive Covenant
Permit
Number
Name on
A~enda Item
03303097
Gregory O. and Diana
A. Pardo
Name on
Restrictive Covenant
Gregory O. and Diana
A. Pardo
Legal
Description
Part of Lot 12, Section
32, Township 61, Range
39 East, and further
described in attached
covenant, and Lot 1 B of
Block 3, of the
Resubdivision of Tract
A, Harbor Shores
Ma~ 27 04 10:16a
Gre~ Pardo
3058524268
p. 1
nit ~ pnJllInld by:
<m:aorY PanIo
P.O. Bmc 371042
~ LaIp. Florida 33037
DAmn' l KCUiAGE
i'lOHRoE CDUtm'
C1.ERt: OF CIRCUIT comr
Aug 21~ 2003 09:10.
Receipt" 264551 Dr..,. CASH-MAlar"
DIANA PARDo IOl;/\
Operator: raaaro
Aaourtt: lO.50
11lstl'Utlerrt tI 1391295 T
BooJc ype REScOV
I 1922 Page I 1491 Iue 09"09
Recordiftg F.e 10.50'
Refer~: PARDO
Cash
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10.SO
INTENSITY REDUcnON RESTRlCfIVE COVENANT
NON-RESIDENTIAL
1. WHEREAS GregOl)' Pardo and Diana Pardo the uodersigned is tile sole 0WDeI" ofthc
fullowing described real ~ 1ocat.ed ill Moaroc CounI:y. Florida, described as follows:
A part of lot 12 in Section 32. Township 61 SouIb. Range 39 East, according to MODEL LAND
COMPANY PLAT. recorded ill Plat Book I, Page 68, of tile Public R.ecords ofMomoe County. FJorida..
Begioniug at 1be SouIbwest comer of1be said Lot 12.l1IIIIIiDg East along tbe SouIb bouDdary tiDe of1be
said Lot 12 h a d~ of 12.4 feet to a point of1hc Nortbwestafy boundary line of Old 8aBfe Road 4A;
tbeoce with a deflected qle to tile left of 45 degJees 23 feet run Northeas1e.Jy aJoag the NOI1hwatedy
boundary 1ioe of Old State Road 4A fOI' a dist3Dc:e of 155.90 feet to a point; tbeDce at right angles aod
NOI1hwatedy for a ~ of 125.00 feet to a point on the Soatbwesb::rIy boundary line ofU.s. Highway
1; 1bcnce at rigid aogIes aDd Southwesterly aJoag tile SouIbcaslaty bouDdary 1iDe of U.S. Highway No. 1
foe a d,stance of50.0 feet to a poiot OIl the West I3ouDc:By line of1be said Lot 12; dIa1c:e willa a clcftec:ted
angle to the left of 45 degrees 23 feet, run Somh along the West boundary line of said Lot 12 for a distance
of 163.5 feet bac:k to the Poa of BegjnniDg.
AND
Lot IB ofBJock 3, of the :Resubdivision of Tract (A), HARBOR SHORES. aa:ontiDg to 1be PI8t tbcno(
reoorded in Pial Book 3, Page 44, oftbe Public Records of Monroe Couaty, flOrida. plat ofsaid
resubdivision rec:orded in Plat Book 3, Page 56, ofthc Public Records of Monroe Couuty. Florida.
Real Estate N1UDber(.): oosnnO-OOO88O
2. WHEREAS, an application for building permit # O~~ ~~., for the
construction of a commercial building on the above descn"bed parcel has been submitted
to the Monroe County Building Department; and
3. WHEREAS, Suburban Commercial (SC) Land Use District allows the
construction of office spacelstorage; and
4. NOW, THEREFORE, the undersigned agree as follows:
a. The above descn"bed non-residential structure is permitted as a commercial
building, and upon completion of the structure and final approved inspections
will receive a Certificate of Occupancy for a commercial office building; and
b. 1be floor area ratio of the property will be limited to a maximum oftweDty-
~ percent (23%) for a period often (10) years; and
Ma~ 27 04 10:17a
Gre~ Pardo
3058524268
p.2
Co That the proposed structures have a Floor Area Ratio of 19.0 percent. The
proposed commercial structure is 2499 square feet and a future employee
housing structme of 2~500 square feet of ground floor area on the 26,203
square foot sized parcel. The floor area ratio shall not exceed 23 percent,
which would be 6,026 square feet; and
d. 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 1his document that his restriction
shall run with the land and shall be forever binding upon the successors in
title; and
e. This covenant is intended to benefit and nms in favor of the County of
Monroe; and
In the event of any breach or violation of the covenant herein, the said County may
enforce the covenant by injunction or such other legal method, as the County deems
appropriate.
EXECUTED ON ="4> T"day of A t?uS;; 1- ,2003
WITNESSES
$'Y1 .sf-
.Yh~~il~? -
(Printrr ame)
Sworn belbre me this ~day of A (~
Gut"'''", ~A,/J(J
(printlfyPc N e)
~ ' \~-4.,
(Slgnature~
1'.\~ Q~\~
(printffype Name)
~~Benif~~
4?~P
t-'.l<l~
nil .......... "..,.,.. by:
GretorY PIrdo
p,o, Bail 371042
K.y IMp. Flarida .1303 7
INTENSITY REnucnoN RESTRlCfIVE COVENANT
NON-RESIDENTIAL
1. WHEREAS GregO!)' Pardo and Diana Pardo Ibe UGdcniened it the IOIe owner oflbo
following deacn'bed n:aJ pI'Opert)' located In Monroe County, Florida, described .. follows:
A part onot 12 in Section 32, Township 6.' Sourh, Range 39 East, according to MODEL LAND
COMPANY PLAT, recorded.ill PIlltBook], Pqe 68, oftbe Public RecmIs of Monroe COUDly, Florida.
B~ing at the Southwest comer oftbc said Lot 12, tlInDina East along die SouIb bound8ty line oC1he
said Lot 12 fur a diltance of 12.4 feet to 8 point ofabe Northwesterly bouncIaJy Jine ofOJd State Ro8d 4A;
thence with a deflemd ansIe to Ibe left of 45 desrees 23 feet JUn Nonheuterly along the Northwesterly
bowadary line of Old State Road 4A for a distance of 15S.90 feet to a point; thence. right aogleImd
Northwesterly for 8 di518nce of ]25.00 feet to . point on the Soudnwsterly boundwy liDe ofV.S. Highway
1; thence at right angles and Southwesterly along the Southeasterly boundary liDc of U.S. Hichway No, 1
for a distance of 50.0 ~ 10 B point on the West BOUDdary line of the said Lot 12; thence wiIb B deflected
angle to the left of 45 degrees 23 feet, run South along the West boundary line of said Lot 12 for a distllDce
of 163,5 feet back to the Point of BeJinnin,.
AND
Lot IB ofBIoek 3, of the ResubdMaioa ofTtaet (A), HARBOR SHORES, aceord.iog to the PlIIt thc.mJf.
recorded in Plat Book 3, Page 44, ofdte Public Records ofMoMle Counly, FJOrida, plat oftaid
resubdivision recorded in Plat Book 3, Page 56, ofllle Public: Reeords of Monroe County, Florida.
Real Estate Number(I): OOS:UZZ0-800000
Z. WHEREAS, an application for building permit II C' ::1- 3: -30'l7for the
construction of a commercial building on the above described parcel has been submitted
to the Monroe County Building Department; and
3. WHEREAS, Suburban Commercial (SC) Land Use District allows the
construction of office .spacelstorage; and
4. NOW, THEREFORE, the undersigned agree as follows:
.. The above described non-residential structure is pennitted as a commercial
building, and upon completion of the structure and final approved insl*tioos
will receive a Ce~cate of Occupancy for a commercial office building; and
b. The floor area ratio of the property will be limited to a maximum of twen1y-
three percent (23%) for a period often (to) years; and
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Co That the proposed structures have a Floor Area Ratio of 19.0 percent. The
proposed commercialltructure is 2.499 square feet and a future employee
bousm, structure of 2,SOO square feet of ground floor area on the 26,203
square foot sized~. The tloor area ratio aball DOt exceed 23 perceDt,
which would be 6.026 square feet; and
d. The res1rictions 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 reconting of this document that his restriction
shall run with the land and shall be forever bindina upon the successors in
title;ancl
e. This covenant is intended to benefit and runs in favor oftbe County of
Monroe; and
I;'
~
In the event of any breach or violation of the COvenant herein, the said County may
enforce the COvenant by injunction or such other legal method, as the County deems
appropriate.
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EXECUTED ON nns_ day of
WTINESSES
.200_
OWNER OR OWNERS
(Signature)
(Signature)
(Print/Type Name)
(Print/Type Name)
(Signature)
(Signature)
(printlJype Name)
I ! Sworn before me this_ day of
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(PrintIType Name)
. 200-, A.D.
Notary Public (Print Name)
Commission Expires: