Item H17
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18. 2004
Bulk Item: Yes X No
Division: Growth Mana~ement
Department' Planning
AGENDA ITEM WORDING: Approval for one Restrictive Covenant from Rudolph and Roseanne Krause.,
Trustees, for floor area intensity reduction on a property described as a parcel of land in the NW Y4 of , Section 31,
Township 66S, Range 29 East, on Ramrod Key and further described in metes and bounds on attached warranty
deed and having the Parcel Identification Number of 001 14150.000300.
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 2,500 square feet
for Permit 03101577 for Rudy Krause.
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
DIVISION DIRECTOR APPROVAL:
Risk Management N/ A
APPROVED BY: County Atty l
DOCUMENTATION:
Included X-
To Follow
Not Required_
AGENDA ITEM #---1LL7
DISPOSITION:
MEMORANDUM
TO:
FROM:
DATE:
RE:
Danny Kolhage, Clerk of the Court
Timothy J. McGarry. Growth Management Dire~
July 29, 2004
Clarification of Agenda Item
Restrictive Covenant
Permit
Number
Name on
Agenda Item
Name on Legal
Restrictive Covenant Description
031-1577
Rudolph and Roseanne
lCrause., llrustees
Rudolph and Roseanne
Krause.,llrustees
Metes and Bounds
This instrument prepared by:
Whitney Meehan
26351 State Road 4
Ramrod Key, FL 33042
INTENSITY REDUCTION RESTRICTIVE COVENANT
NON-RESIDENTIAL
1. WHEREAS Rudolph Krause, Trustee U/Drr dated July 19, 1988 and Roseann Krause,
Trustee U/Drr dated July 19, 1988 the undersigned are the owners of the following
described real property located in Monroe County, Florida, described as follows:
Lot(s): Metes and Bounds (see attached) Block: N/A
Subdivision: N/A
Key: Ramrod
PB:
Real Estate Number(s): 00114150.000300; and
WHEREAS, an application for building permit # 03101577 for the construction of a
commercial building on the above described parcel has been submitted to the Monroe
County Building Department; and
WHEREAS, Suburban Commercial (SC) Land Use District allows the construction of
office space/storage; and
NOW, THEREFORE, the undersigned agree as follows:
. The above described 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
Page I of2
Intensity Reduction Restrictive Covenant
00114150.000300
. 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 6.82 percent. The proposed
structure is 2,500 square feet on a 36,700 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 THIS 31.0\ day of n~LL~ t
l)
, 20<tt.
Wl]NESS.ES
{)W~
(Signature) (J-
~ \ fhGt(e~
(Printffype Name)
~
\ ~ ~ u\ll!.! ..}\\t--r tu;vv--
(Signature)
L0h,{'r\(LI m.e..eJ,\QY,
(Printffype Nam~)
Sworn before me this ~ d
day of
OWNER OR OWNERS
~~o,-6:~
(Signature)
g~b/XJf CJ. ~~U sE::..
.
(Printffype Name)
~~
(Signature)
tf?se" /} /7 ~4 t.-' s...e-
(Printffype Name)
o ! .AOJ,Lf , 2004
lA~~e/~ VYl~.fJAfL~
Notary Public (Prin~ Name)
Page 2 of2
"~~~~Y~" Whitney Meehan
.~~~\ Com!11ission#DDI53191
~~" ~,~:~ ExpIres: Sep 24, 2006
'''''~OFf~~~''' ~onded Thru
, III" Atlantic Bonding Co., Inc.
Intensity Reduction Restrictive Covenant
00114150.000300
l ~T~"
07/30/2004 11:43
305-872-.1285
I<RAUSE
PAGE
nr,
_4
.~
Parcell.D. No.: 00114150000300316629
MONROE COUNTY
OFFIC!AL RECORDS
FILE #:1. 1 2 4, 5 is 5
BK#:1. 576 PG#2;2 6 7
ReD May 18 1999 11,~7AM
DANNY L KOLH^GE, CLERK
DEED DOC STAMJA; 0.70
05/16/1999 ~DEP eLK
Thi, In'trumem Prep.,.cd by and RetJJm 10:
Roseann Krau,e
26351 Old State Road 4A
Surnm.erland Key. l'L 33042..5337
______[Space Above This LiDs for lleCQfdlna DolIl__
WARRANTY DEED
1l^.-
This Indenture made thls:2.... day of May, 1999 sBfwBilN.RUDOLPH O. KRAUSE, Trustee
UID/T dated July 19, 1988, and 'ROSEANN KRAUSE, TruItee UIDIT dated July 19, 1988, of die
COUIlly of Monroe, Sill\! of Florid.. lIl~lOr. and RUDOLPH O. KRAUSE, Trustee UlDIT dated July 19,
1988, and ROSEANN KRAUSE; Trustee UIDIT dated July 19, 1988,. oflhe Co\Ull)' of MolDO.. SIIIO of
Florida. whose post ofliA:e address i. 26351 Old Stale Rd. 4A, Sulllltletland tccy. PL 32042-5337 of !he Couney of Monro..
S..... of Florid>., 8J'lDl8o. . ..--'\ ;~J.
WIT N E SSE T H. That said GrtnlOr, for aIIcI in consideration of the slim of TEN AND 001100'5 ($10.00)
Pollan """ od\er good llIId vahlllble eOllllderatlons to said pulOr in baad Paid by .aid ar."",e, du: receipt whereof is
bereby actnowledged. ba' graoted. bargained and sold to lilt lIfUlIec aDd ,ralll..,', beu-. 0114 asllans forever ilia
foUowinl described land situate. lying ond-beinl\;n County. Florida, to.wIt:
Lot Two:
A parcel_of land In the Nortbwest 1/4 of Section 31, Township 66 Soutb, Range 19
East, Ramrod Key, Mo~oe County, F1ortda, aDd belll1 more partil:1llarly delerlbed by
metes aDd bounds lIS foUows: COMIIENCE at the IDUnecdon ot the Southerly lilie of
Old StateR,oa,d No. 4 and the West lincof.Mako Awoue andnm S 77 degr_23' W
along the ~outherly line of Old State Road 4-A, 166.41 teet to the POINT OF
BEGINNING: Thence .CONTINUE S 77 deKl'ee8 13' W, %SO.OO feet; TheDlle S 11
degrees 37' E, 146.80 feet to the Northedy line of U.S. Blghway No.1; Thence alone
IDgbwayNo. I, N 77 degrees 23' E,2!O.OO feet; Thmce N 12 degrees 37' W, 146.80
feet back to the POINT OF BEGINNING. Contains 36,700 squal'; feet.
TOGETHER. witb all the tenements. heredllamenls and appunenallee. thereto belonglll& or In anywise
appeitaininc.
TO RA VEAND TO HOLD, the same in fee simple folever.
AND, the grantcrs hercby covcnRnl willi nul aranl..a mallh. a"olO" arc 'awNlly .eized of said land III fee
simple; that lbe JlraDtor3 have gOod right and lawful aulborily to sell and convey SOld land, and hereby warralllllle
tide to ,aid land and will deknd the ,ame a&ainst the lawful claims of all persons wbomsoever; and Ihallllld land is
flee of all encumbrances, e"'ept lllXesaoclIlin. subseqUtllt ro December 31. 1998.
IN WITNESS WHEREOF. the said g,...nlOfS bave signed and sealcdth... ~181be day and year finl above
written.
~
~ .b/~ ~. L.S.
~LPR O. KRAUSE, Trustfe
26!'1 Old StAre Rd. 4A, SuJnmer\and Key. PI. 33042.5337
~~ANNW~ L.S..
263S1 Old Stale Rd. 4A. Sutntnef\andKey. FL 33042-S337
STATE OF FLORIDA
COUNTY OF MONROE
MONROE COUNTY
OFFICIAL RECORDS
The foregoiog instrument was ac1tnowledged before me this ~ dty of ~L--, 1999, by
RUDOLPH O. KRAUSE and ROSEANN KRAUSE. who 15 (or ar.) personally Icnow~ to me or who Iw
prod.l.lc(:d as identification.
, ....._-- PrInt. Type or
l'ersollllUy known ~_~ 01 produced identification _____
Type of Idemificarion PrOOuced _
I . (") 1..: . ~ '
WITNESS my band and official oeal in tho County and Slale I
My Conunissioo E.pi",,, )-/11/0 I