Item H16
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18. 2004
Bulk Item: Yes X No
Division: Growth Management
Department. Planning
AGENDA ITEM WORDING: Approval for one Restrictive Covenant from Thomas and Kathleen Kelly. for a
floor area intensity reduction on a property described as Parcels C & D Part of Government Lot 8,
and further described by Metes and Bounds on attached warranty deed having Parcel Identification Numbers
00114700.000000 and 00114660.000000
ITEM BACKGROUND: On April 28, 2004, the Planning Commission conducted a public hearing to
review, discuss, and make formal motions regarding amended Year 12 annual allocation and the Non-
Residential Floor Area Ranking Report; and P25-04 approved a floor area allocation of 1250 square feet for
Permit 031-5135 for Thomas and Kathleen Kelly.
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. On March 18, 2004, during a regular public meeting, the Board of
County Commissioners, passed and adopted by Resolution an amendment to the Year 12 annual allocation
that increased the available floor area to 16,000 square feet all of which is to be made available for
applicants in a single allocation in January, 2004.
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
APPROVED BY: County Atty l
Risk Management N/ A
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow_Not Required_
AGENDA ITEM #~
DISPOSITION:
MEMORANDUM
TO:
FROM:
DATE:
RE:
Danny Kolhage, Clerk of the Court
Timothy J. McGarry, Growth Management DirecMj
July 29, 2004
Clarification of Agenda Item
Restrictive Covenant
Permit
Number
Name on
Agenda Item
Name on Legal
Restrictive Covenant Description
03105135
Thomas and Kathleen
Kelly
Thomas and Kathleen
Kelly
Metes and Bounds
Warranty Deed att~ched
This instrument prepared by:
Whitney Meehan
26351 State Road 4
Ramrod Key, FL 33042
INTENSITY REDUCTION RESTRICTIVE COVENANT
NON-RESIDENTIAL
WHEREAS Thomas Kel1y and Kathleen Kelly, the undersigned is the sole owners of the
following described real property located in Monroe County, Florida, described as
follows:
Lot(s): Parcels C&D Palt of Govt. Lot 8-24171 Overseas Highway and as further
described on the attached warranty deed Block: N/ A
Subdivision: N/A
Key: Sununerland Key
PB:
Real Estate Number(s): 00114700.000000 and 00114660.000000; and
WHEREAS, an application for building permit # 03105135 for the construction ofa
conunercial building on the above described parcel has been submitted to the Monroe
County Building Department; and
WHEREAS, Suburban Conunercial (SC) Land Use District allows the construction of
officespacejand
NOW, THEREfORE, the undersigned agree as follows:
· The above described non-residential structure is pennitted as a couunercial buildUlg, and
upon completion of the structure and final approved inspections will receive a Certificate
of Occupancy for a commercial office building; and
Page lofl
Intensity Reduction Restricti ve Covenant
00114700.000000 and 001 i4660,OOOOOO
· The floor area ratio of the property will be limited to a maximum of twenty-three percent
(23%) for a period often (10) years; and
· That the proposed structure has a Floor Area Ratio of 17.3 percent. The proposed
structures are 1,992 square feet on an 11,508 square foot size parcel; and
· 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 this document that his restriction shall run with the land and
shall be forever binding upon the successors in title; and
. 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 TIllS ;J 0 'tk day of ~ JLI
J
WITNESSES
l&~\l~r\l~~1~
(Signature) ~
LUh, -\- ne.-I..t rYlec\ICl.J\
(Printffype Name)
?v-J~ V~_
(Signatu
R vA 'J ~( /-\.u. ~
.
(Printffype Name)
~
,200 .
Page 2 of2
,-1_k-L~
lJj h ( ~ ~\ e~Lj m € -t l'-O-- V\
Notary Public (Prfut Name)
AIW"'I, Whitney Meehan
;'~~~~~ Com!l1is~ion#DDI53191
:.~. ':).j1= ExpIres. Sep 24, 2006
--,~ft OF f\.O~ ,-- Bonded Thru
""11 \' Atlantic Bonding Co., Inc.
'""~
(Signature)
'~/"'\AS
(Printffype Name)
~~V~
(Signature) ..
~~~eJ ~el-J.-\r
(Printffype Name)
,20~.
1<U(L.j
Sworn before me this ~\l.,,- day of
Intensity Reduction Restrictive Covenant
00114700.000000 and 00114660.000000
ee
ee
[Space Above This Line for Recording Data]
WARRANTY DEED
This Indenture made this '-I day of "3"l.A.nC,.....l . , 1998 BETWEEN FLORIDA
KEYS ASSOCIATES, INC., a Florida Corporation, a corporation existing under the laws of Florida, and having
Its principal place of business at P.O. Box 420255, Summerland Key, FL 33042, GRANTOR., and THOMAS KELLY
and KATHLEEN KELL V, his wife, of 19141 Rocky Road, Sugarloaf Key, FL 33042, as GRANTEE.,
WIT N E SSE T H, 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 receipl whereof Is hereby
acknowledged. has granted, bargained and sold to the grantee and grantee's heirs forever the followIng described land
located In the County of Monroe, State 01 Florida, lo-wlt:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
Subject to taxes for the year 1998 and subsequent years.
Subject to conditions, restrictions, easements and limitations of record, If any.
Subject to purchase money mortgage given by grantees herein In favor of
Joseph H. Elkins flied even date herewith.
RE# 00114700;00114660
THE PROPERTY CONVEYED HEREIN IS NEITHER THE DOMICILE NOR THE
HOMESTEAD OF THE GRANTOR HEREIN NOR HIS SPOUSE NOR ANV OF HIS
IMMEDIATE HOUSEHOLD AS DEFINED BV THE LAWS OF THE STATE OF
FLORIDA.
and said grantor does hereby fully warrant the Iltle to said land, and wlll defend the same against the lawful claims of all
persons whomsoever.
.Slngular and plural are interchangeable as contexl requires,
IN WITNESS WHEREOF, the grantor has caused these prellents to be executed in its name, and Its corporale seal to be
hereunto affixed, by its proper officers thereunto duly autho'rlzed, the day and year IIrst above written.
WITNESSES
Winton S. Douglas.pre8ldent
'-L-~
Sign & Print Name ~('~ ~. E"S~('\C-I
s. S
Kf"\' s+i nc- S. s4ovc.r
STATE OF FLORIDA
COUNTY OF MONROE
I HEREBY CERTIFY that on this day before me, an officer duly authorized In the State and County aforesaid to take
ee
ee
EXHIBIT "A"
A part of Government Lot 8, Section 26, T. 66 S., R. 28 E., on Summerland Key, Monroe
County. Florida, and being more particularly deacrlbed by metea and bounda aa followa:
Commencing at the Northea8t corner of Lot 34 of -HUDGINS SUBDIVISION- as recorded In
Plat Book 2, at Page 143, of the Public Recorda of Monroe County, Florida, bear South 86
degrees, 21 mlnutea and 39 aecond Eaat 60 feet to the POINT OF BEGINNING of the tract of
land hereinafter descrlbedj thence continue South 86 degrees 21 minutes and 39 seconds
East, 110 feet; thence bear South 104.69 feet to the Norttlerely right-of-way line of U.S.
Highway No.1 i thence bear North 86 degreea, 21 minutes and 39 8econds West, 110 feetj
thence bear North, 104.69 feet, back to the POINT OF BEGINNING.