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Item K10 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 17.2004 Bulk Item: Yes X No Division: Department: Growth Management Planning AGENDA ITEM WORDING: Approval for one Restrictive Covenant from David W. & Carol Ann Tuttle and Peter & Amy Rosasco to have one dwelling unit on contiguous lots described as Lots 32 and 33, Doctors Arm 3rd Addition Section' A' , Big Pine Key. ITEM BACKGROUND: On May 23, 1997 the Planning Commission approved an allocation award for the applicants listed below provided the applicants Restrictive Covenant is approved by the BOCC. David W. & Carol Ann Tuttle and Peter & Amy Rosasco submitted the Restrictive Covenant to Monroe County. The applicants are receiving a dwelling unit allocation award for the year ending July 13,2005, have 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. On June 19,2002 the Board of County Commissioners approved Resolution No. 263-2002 for a Beneficial Use Determination Promulgated by the Special Master. 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 OMB/Purchasing N/A DOCUMENTATION: Included X Risk Management N/ A DIVISION DIRECTOR APPROVAL: ,AICP DISPOSITION: AGENDA ITEM # k ~ I D MEMORANDUM TO: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management Direc~~( November 17, 2004 Clarification of Agenda Item Lot Aggregation Restrictive Covenant Permit Number Name on A2enda Item Name on Restrictive Covenant Legal Description 97-1-0139 David W. & Carol Ann Tuttle and Peter & Amy Rosasco David W. & Carol Ann Tuttle and Peter & Amy Rosasco Lots 32 and 33, Doctors Arm 3rd Addition Section 'A', Big Pine Key Prepared by: Carl E. Schror Po Box 421214 Summerland Key Florida 33042 Property Appraiser's Parcel I.D. (Folio) Numbers(s) 00312571.003300,00312?71.003400 _(Space above this line for recording data) LOT AGGREGATION RESTRICTIVE COVENANT 1. Whereas, David W. Tuttle and Carol Ann Tuttle, Husband and Wife & Peter Rosasco and Amy Rosasco, Husband and Wife, undersigned are the sole owners of the following described real property located in Monroe County, Florida: Lots: 32 & 33 Block: · Subdivision: Doctors Arm Subdivision, 3RD Addition Section "An Key: Big Pine Key PB: 6-39 Real Estate Numbers: 00312571.003300, 00312571.003400 2. Whereas, this lot As.gregation 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 number 97-1-0139 for the voluntary reduction of density through aggregation of vacant, legally platted, buildable lots. 4. Now, Therefore, the undersigned agree as follows: The above described parcels 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 of the undersigned by execution and recording of the document that this restriction shall run with the land and shall be forever binding upon the successors in title; and The 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 cov:~ by injunction or such other l~, al ethod, as the County deems appropriate. EXECUTED ON THIS :J~' D OF ' ~ '.' ~~ OWNER.'~ ~. Dav&.~~?e ~ --;-attic Carol Ann Tuttle OWN~:/~ . peter~~l //(MfMca- Amy Ros 0 NOTARY: ~1^JJT~FtFL~~~:OE '7)Cl#' c/ tV. 7;; tlk CU' ~7 I ;1 /1r 7:: IfIL The fpre~g instI1!JllJnt )V~cknowled~ before~' /?... ... ...... ...... ,~<;{ day of ( Yc.~ .200 by ~~/f ! ~)Ci ,f (!.z) . who personally appeared be~ore I?e at ,the time of not~z~tion aJ;1OV0_~ is.__...1?e.r_.sonallY known to me or who has produced as ldentlficatlOn, and who (did/dId not)'take:an,Qatl'i, --~T---'-'--"'-" T _./ /; / // Nolary N:lIc - ,tate 01 FloIlda / ~,tp'27,2lXI tI ~n713 ublic - Nc*Iry~ or Pro uced Identification Type ofIdentification roduced M~~~'~:;8r Lot Aggregation Restrictive Covenant Date: :. ,0 Real Estate Numbers: 00312571.003300,00312571.003400 ---j Page 1 of 1