02/19/2003
Document Prepared by
Andrew Tobin, Esq.
P.O. Box 620
Tavernier, Florida 33070
MONROF: COUNTY
OPFICIAL RF:CORDS
FILE #1 3 5 5 993
BK#1866 PG#152
RCD Mar 12 2003 03:29PM
DANNY L KOLHAGE, CLERK
DEED RESTRICTION
This DEED RESTRICTION is made by and between KENTCO LIMITED
PARTNERSHIP, whose address is 2200 W. 138th Street, Blue Island, Illinois, 60406,
County of Cook, State of Illinois (Grantor), and MONROE COUNTY, a political
subdivision of the State of Florida, whose address is 5100 College Road, Stock Island,
Key West, Florida 33040 (Grantee).
The parties recite and declare as follow:
A. Grantor is the owner of certain real property in Key Largo, Monroe
County, Florida, more particularly described as Lot 11, Block 3, Harbor Course South
Section 4, Ocean Reef Plat 13, as recorded in Plat Book 7, page 8, RE# 00573670-
001100.
B. Grantor was issued a permit to develop a single family home and other
improvements pursuant to Permit #00-3-607. A copy of the site plan showing the extent
of the authorized development on the property is attached hereto
C. The Habitat Quality Rating of the property at the time of permitting was
"Moderate Quality Low Elevation Tropical Hardwood Hammock" and an isolated
wetland.
D. Sec. 9.5-336 of the Monroe County Land Development Regulation
provides that "once a development permit has been issued and site preparations
commenced, the habitat quality rating . . . shall remain in perpetuity and all future
~ILm #1 3 5 5 993
BK#1866 PG#153
development of the parcel shall conform to the applicable pineland or hammock so
analyzed or stipulated. This shall be assured by attachment of a deed restriction to run
with the land, stating the amount of required open space."
Now, therefore, the parties agree as follows:
1. Habitat Quality. The Habitat Quality Rating of the Property is Moderate
Quality Low Elevation Tropical Hardwood Hammock and an isolated wetlands.
2. Open Space. The open space for Moderate Quality Low Elevation
Tropical Hardwood Hammock at the time of permitting is Sixty Percent (60%) and the
open space for isolated wetlands is One hundred percent (100%).
3. Restraint Imposed. Grantor agrees that an Open Space of 60% for that
portion of the Property designated Moderate Quality Low Elevation Tropical Hardwood
Hammock shall remain in perpetuity, and all future development of the parcel shall
conform to the applicable pineland or hammock regulations analyzed or stipulated as of
the time of permitting, unless or until modified in accordance with applicable law.
4. Persons Bound. This Deed Restriction is perpetual, and shall run with the land
and is binding on all present and subsequent owners and mortgagees of the Property.
5. Entire Agreement. This agreement constitutes the entire agreement between the
parties and any prior understanding or representation of any kind preceding the date of
this agreement in not binding upon either party except to the extent incorporated in this
Agreement.
6. Modification of Agreement. Grantor shall have the right to submit an
application for development to amend or modify the terms of this Deed Restriction in
accordance with the current land development regulations, and as provided by law. Any
such modification or amendment is binding only if evidenced in writing and signed by
the owner of the property and an authorized representative of Monroe County.
7. Notice. Any notice provided for or concerning this Agreement must be in
writing and is sufficiently given when sent by certified or registered mail, or via an
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F I L E # 1 3 5 5p ~# i ~ 4
BK# 1 8 6 6
equivalent service furnished by a private carrier, to the respective address of each party as
set forth at the beginning of this agreement.
IN WITTNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
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Print Name
KENTCO LIMITED PARTNERSHIP
By: Kentco Capital Corporation,
General Partner
~.
By: Richard A. Kent, Chairman/CEO
Dated; .December 16, 2002
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
~ '171 ~J..j.w
by: ayor/Chairman
Dated: oOl.... 19
,2002
3
State of Illinois
County of Cook
FILE #1 3 5 5993
BK#1866 PG#155
On December 16, 2002, before me the undersigned authority, personally appeared
Richard A. Kent, Chairman/CEO of Kentco Capital Corporation, General Partner of
Kentco Limited Partnership, who is personally known to me, who acknowledged that he
executed the foregoing instrument for the purposes set forth therein.
~~
NOTARY PUBLIC
Notary Stamp and Seal
CAROL ANN COHODES
NOTARY PUBLIC STATE OF ILUNOIS
MY roMMISSION EXP. OCT. 27,2006
4
. 10/30/2002 17:40 3054512675
GAY MARIE
PAGE E:l2
FILE #13559
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~IBIf"A"1
LEGAL DESCRIPTION
LOT 11, BLOCK 3, HARBOR COURSE SECTION
FOUR, OCEAN REEF PLAT NO. 13, ACCORDING
TO THE PLAT fHEREOF', AS RECORDED IN PLAT
BOOK 7, AT PAGE 8. OF THE PUBLIC RECORDS
OF MONROE COUNTY.
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MONROE COUNTY
OFFIClf\L RECORDS
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