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Item G1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 16. 2005 Bulk Item: Yes X No Division: Growth Management Department: Planning Staff Contact Person:~ Marlene Conaway AGENDA ITEM WORDING: Approval for one Restrictive Covenant from David L. and B. Rachelle Fowler to have one dwelling unit on contiguous lots described as Part of Lot 21 and all of Lots 22, 23, & 24, Block 3, Pamela Villa, Key Largo. ITEM BACKGROUND: On January 11, 2005 the Planning Commission approved an allocation award for the applicant listed below provided the applicants' Restrictive Covenant is approved by the BOCC. David L. and B. Rachelle Fowler 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 HaeC 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 lOMB/Purchasing N/A Risk Management N/ A DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # MEMORANDUM TO:: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management Direc~l February 16,2005 Clarification of Agenda Item Restrictive Covenant Permit Number Name on Agenda Item Name on Restrictive Covenant Legal Description 02-3-4126 David Land R Rachelle Fowler David Land B. Rachelle Fowler Part of Lot 21 and all of Lots 22, 23, & 24, Block 3, Pamela Villa, Key Largo This instrument prepared by: David L. Fowler 813 La Paloma Rd. Key Largo, FL 33037 LOT AGGREGATION RESTRICTIVE COVENANT 1. WHEREAS, David L. and B. Rachelle Fowler, husband and wifre are the owners of real property located in Monroe County, Florida, described as follows: Lots: Pi. Of Lot 21, All of Lots 22,23 & 24 Block: 3 Subdivision: Pamela Villa Key: Larqo PB: 3-125 Real Estate Numbers: 00464220.000000, 00464230.00000000464240.000000 00464250.000000: and 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 #02-3-4126 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 shall have its density reduced from three 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 Page 1 of 2 RE#00464220.000000 #00464230.000000 Lot Aggregation RE#00464240.000000 #00464250.000000 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 . 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 \0 ~ay of ~. A ~ , 2003 OWNER OR OWNERS .-.rl \ " . ~' ?-'\ '- 0 \'1 ~ ~ ~ ...,'" D~d L. ;o~ ~ ~ l.\ I..cc "tl-C "'" \: -c 69 \. ~ g &cidie ~ B. Rachelle Fowler WITNESSES: O?J&<!L9lJdI;JtS;' (Signature) . W~t</ f:!1 !l~.uLlT, J~ (PrintlType Name) 0' ~~~ (Signature) &p//e- /~/t:-O (PrintIType Name) Sworn before me this \.~ day of :1~ ,2003 A.D. \ Notary Public (Si My Commission Page 2 of 2 RE#00464220.000000 #00464230.000000 Lot Aggregation RE#00464240.000000 #00464250.000000 MONAoe COUNTY ATTORNEY APPP.E/',ED AS TO FORM ~_u~7gH) {-2I).05