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Item J09 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20. 2004 Bulk Item: Yes X No Division: Growth Management Department: Planning AGENDA ITEM WORDING: Approval for one Restrictive Covenant from Marlin Holding Inc. a Florida Corporation to have one dwelling unit on contiguous lots described as Lots 23 & 24, Block 19, Largo Sound Park, Key Largo. ITEM BACKGROUND: On October 6, 2004 the Planning Commission approved an allocation award for the applicant listed below provided the applicant's Restrictive Covenant is approved by the BOCC. Marlin Holding Inc. a Florida Corporation submitted the Restrictive Covenant to Monroe County. The applicant is receiving one dwelling unit allocation award for the year ending July 13, 2004, has filed the document in accordance with Ordinance No. 47-1999. PREVIOUS RELEVANT BOARD ACTION: On November 11, 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: . sk Management N/ A APPROVED BY: County Atty l To Follow_ Not Required DOCUMENTATION: Included X DISPOSITION: AGENDA ITEM # ...J7 MEMORANDUM TO:: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management DirectdJ! October 20, 2004 Clarification of Agenda Item Restrictive Covenant Permit Number Name on Agenda Item Name on Legal Restrictive Covenant Description 02-3-3924 Marlin Holding Inc. a Florida Corporation Marlin Holding Inc. a Florida Corporation Lots 23 & 24, Block 19, Largo Sound Park, Key Largo \ LOT AGGREGATION RESTRICTIVE COVENANT 1. WHEREAS, Marlin Holding Inc. a Florida Corporation. Joseph Silvestri. President, the undersigned is the sole owner of the following described property located in Monroe County, Florida, described as follows: Lot(s): 23 and 24 Block: 19 Subdivision: Lare:o Sound Park Key: Lare:o PB: 3-139 Real Estate #(s): 00470090.000000 & 00470100.000000 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 parcels were assigned additional points in the Permit Allocation System for building Permit # 02-03-3924 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 parcels should 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 of 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 RE: 00470090.000000 & 00470100.000000 Page 1 of2 . This covenant is intended to benefit and run in favor of the County of Monroe; and . In the event of any breach of 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 )~ ~ day of ~ VVl'/ ,2ooL OWNER OR OWNERS: ~ e) Joseph Silvestri, President Marlin Holding Inc., A Florida Corporation Roxanne Linq ~~~ (Signature) ~~,~~ (print/Type Name) Sworn to me this ~~YC\ day of ~ , 200~ . ..L'" . .,c...w......... c...w.,.. ..... III NIlIIuI...,.. Jacquelyn L Rowe Notary Public (Print Name) .Jo. (,~9-b.p- rY? ~Dl.x- Notary P blic (Signature) My Commission Expires This instrument was prepared by: Jeanette Silvestri 101761 Overseas Hwv. Kev Lare:o. FL 33037 Lot Aggregation Restrictive Covenant Page 2 of 2 RE: 00470090.000000& 00470100.000000