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Item J06 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 15.2004 Bulk Item: Yes X No Division: Growth Manaiement Department: Plannlni AGENDA ITEM WORDING: Approval for one Restrictive Covenant frorn Gary A. & Deborah Hill Cherubini to have one dwelling unit on contiguous lots described as Lots 4 & 5, Block 10, Anglers Park, Key Largo, ITEM BACKGROUND: On October 19, 2004 tne Planning Commission approved an allocation award for the applicant listed below provided the applicants' Restrictive Covenant is approved by the BOCC, Gary A. & Deborah Hill Cherubini submitted the Restrictive Covenant to Monroe County, The applicants are receiving one 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. 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 DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included . X To Follow_ Not Required_ DISPOSITION: AGENDA ITE~ to MEMORANDUM TO:: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J . McGarry, Growth Management Directo~ December 15, 2004 Clarification of Agenda Item Restrictive Covenant Permit Number Name on A2enda Item Name on Legal Restrictive Covenant Description 99-3-0693 Gary A. & Deborah Hill Gary A. & Deborah Hill Lots 4 & 5, Block 10, Cherubini Cherubini Anglers Park, Key Largo This Instrument prepared by: Joe Miklas Joe Mlkla., P.A. P,O. Box 366 Islamor.dB, FL 33036 LOT AGGREGATION- RESTRICTIVE COVENANT 1. WHEREAS, Gary A. Cherubini and Deborah Hill Cherubini, husband and wife, the undersigned are the sole owners of the following described real property located in Monroe County, Florida described as follows: Lot (s): 4 and 5 Block: 10 Subdivision: Analers Park Key: Key Larao PB: 1-159 Real Estate Numbers: 00552640.000000: and 00552650.000000 2. WHEREAS, this Lot Aggregation Restrictive Covenant that restricts the use of the legally described property in order to receive a building permit. 3, WHEREAS, the above described parcels were assigned additional points in the Permit Allocation System for building permit number 99-3-0693 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 this document that this restriction shall run with the land and shall forever be 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 covenant by injunction or such other legal method, as the County deems appropriate. Lol Aggregation Restrictive Covenant RE No,: 00552650. 000000 and 00552640,000000 1 of 2 D,e! ' 'r;;V A EXECUTEDONTHIS 1 . daYOfJJ~ ,2004. WITNESSES: ~~~~ (Signature) Pamela Setchell (Print I Type Name) ~~~ ~ RRchel Lockhart (Print! Type Name) ~~~ ~CUe1~~ (Signature) Deborah Hill Cherubini 8 Oceana Drive P:vmQ' '" c::",t-t"'rH:>" Key Largo, FL 33037 (Print I Type Name) (i:~ft jf~ )liC''''''' T,nt"'khRrt (Print I Type Name) STATE OF FLORIDA COUNTY OF MONROE ...:!!l.e foregoing instrument was aCknOWledge. d before me on this ?u. day of ~ , 2004, by Gary A. Cherubini and Deborah Hill Cherubini, husband and wife, who are personally known to me or produced a Florida Drivers License as proof of identification and did not take an oath. RACHIL.I. LOC:KiiAiiT.......! _ c:an...DDO'I1IDI: :i~ ....1IIIIlICIOI f ~IJFI\: IoncIedIlruC~: FIatide . ........................~~~.~.i ~-1rd~~ Lot Aggregation Restrictive Covenant RE No.: 00552650. 000000 and 00552640,000000 2of2