Item K10
BOARD OF COUNTY COMMISSIONERS
AGENDAITEMSU~Y
Division:
Department:
Growth Management
Planning
Meeting Date: June 16. 2004
Bulk Item: Yes X No
AGENDA ITEM WORDING: Approval for the transfer of one buildable lot from Andrew & Erica Makar to
Monroe County by Warranty Deed and approval for one Restrictive Covenant to have one dwelling unit on
contiguous lots described as Lots 1 & 2, Block 11, South Creek Village, Key Largo.
ITEM BACKGROUND: On March 28, 2004 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, Andrew & Erica Makar submitted the Warranty Deed to donate one lot to Monroe County & the Restrictive
Covenant to Monroe County. The applicants are receiving a 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 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
DIVISION DIRECTOR APPROVAL:
Risk Management N/ A
APPROVED BY: County Atty l
DOCUMENTATION:
Included X
To Follow
Not Required
AGENDA ITEM fl{ I 0
DISPOSITION:
MEMORANDUM
TO:
FROM:
DATE:
RE:
Danny Kolhage, Clerk of the Court
Timothy J. McGarry, Growth Management Dire~
June 16, 2004
Clarification of Agenda Item
Land Dedications & Lot Aggregation
Permit
Number
Name on
Agenda Item
Name on
Warranty Deed
Legal
Description
03-3-1957
Andrew & Erica Makar
Andrew & Erica Makar
Lot 1, Block 34, Sands
Subdivision, Big Pine
Key
03-3-1957
Andrew & Erica Makar
Andrew & Erica Makar
Lots 1 & 2, Block 11,
South Creek Village, Key
Largo
I
I
This instrument was prepared by:
Gay Marie Smith
PO .Box 1638
Tavernier. FL 33070 \,
LOT AGGREGATION RESTRICTIVE COVENANT
1. WHEREAS, Andrew W. and Erica Bole Makar. a married couple, the
undersigned are the sole owners of the following described real property
located in Monroe County, Florida described as follows:
Lot(s): 1 &.2 Block: 11
Subdivision: South Creek Village
Key: Largo PB: 3-85
Real Estate #(s) 00468360.000000 & 00468370.000000: 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) were assigned additional points in
the Permit Allocation System for building permit #03-3-1957 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 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
Real Estate #(s) 00468360.000000 & 00468370.000000
· 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 ''''(".3 day of /1 ay-.
, c{J 00 1../
WITNESSESS:
Si~!'~ 9' -2'11
01lU J.
Printed ame - Witnes I 0 Both
OWNER OR OWNERS L
~_t, ,_~~f~ (lb. "
Andrew W. Makar
~~.
1(1'~
Signature .
t:)etJ))~ 3/1-Vt,s.
Printed Name-Witness To Both
()
~~ &,)Y(p~1
rica Bole Makar
STATE OF FLORIDA
COUNTY OF MONROE
. The foregoing instrument was acknowledged before me this /3";~ day
of ~~?1~ ~ ' 2004, by Andrew Wand Erica Bole Makar, who are
person lIy nown to me or produced l2R./ilif!.S .l/LIA/sl, as proof of
identification and did take an oath. ___ U lA-I-'" ~ ~ .
4""~ SAlmROHDY Notary Pl1bliMint N~
[*(Ji.~:o% MY COMMISSION # DO 076060
~;;~~j EXPIRES: December 3,2005
.~.Flr..ft.'" Bonded Thru Notary PUblIc Underwriters
S/JU J. efl~
No~taJ;Y Public (Signatur )
~ {'b->:2 /j-
<--/ ?fl I 7' /VONU{'
My Commission Expires
Lot Aggregation Restrictive Covenant Page 2 of 2
Real Estate #(s) 00468360.000000 & 00468370.000000
This instrument was prepared by:
Gay Marie Smith
PO Box 1638
Tavernier, FL 33070
WARRANTY DEED
This Indenture made this _ day of 200_between Andrew and Erica Makar, a married
couple, whose post office address is 312 Sound Drive, Key Largo, FL 33037 in the County of Monroe, State of
Florida, grantor, and THE COUNTY OF MONROE, a political subdivision of the State of Florida, whose post
office address is c/o Board of County Commissioners, 500 Whitehead Street, Key West, FL 33040, of the county of
MONROE, State of FLORIDA, grantee.
WITNESSETH, That said grantor, for and in consideration of the sum of TEN AND 00/100'S ($10.00)
Dollars and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof
is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever,
the following described land situate, lying and being in Monroe County, Florida, to-wit:
Lot 1, Block 34 of Sands Subdivision according to the Plat thereof, as recorded in Plat Book 1 at Page
65 ofthe Public Records of Monroe County, Florida
RE #00304630.000000
Subject to taxes subsequent to date of transfer. Subject to all
conditions, easements, restrictions and limitations of record, if any.
TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining,
TO HAVE AND TO HOLD, the same in fee simple forever.
AND, the grantors hereby convenant with said grantees that the grantor is lawfully seized of said land in fee simple:
that the grantor 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,
IN WITNESS WHEREOF, the said grantor have signed and sealed these presents the day and year the first above
written.
.-. f'
Signed, sealed and delivered in our presence:
- J41t2,z utA
Signature W., ess Q
SA-UX.:f. ~Ii~
Printed or Typed Na~ -Wi ess to Both
'\ 1 .
\ I i
f /
~ _(J ~,~~~ ~L '
Andrew Makar
312 Sound Drive
Key Largo, FL 33037
fb..tiv )y( aPJVu
rica Makar
STATE OF FLORIDA
COUNTY OF MONROE
BY
t06JD'7?>I1-i//S
Printed or Typed Name - Witness To Both
DATE
The foregoing instrument was acknowledged before me this dday of ~~ 2004, by
Makar who are personally known to me or have produced [J.te.li/l~~ as i ntification
. J u"jSf..
My Commission Expires: _ Jdtlff~ 9 .-:;g~
Notary Pu c
SALLY J. ROHDY
MY COMMISSION' DO 076060
EXPIRES: December 3, 2005
Bonded Thru Notary NJlic Umerwrllets
Andrew and Erica