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Item H01 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 16. 2005 Bulk Item: Yes X No Division: Growth Management Department: Planning Staff Contact Person: K. Marlene Conaway AGENDA ITEM WORDING: Approval for one Restrictive Covenant from Gilco Homes Inc. a Florida Corporation to have one dwelling unit on contiguous lots described as Lots 1, 2, & 3, Block 14, Anglers Park, Key Largo. ITEM BACKGROUND: On February 9, 2005 the Planning Commission approved an allocation award for the applicant listed below provided the applicants' Restrictive Covenant is approved by the BOCC. Gilco Homes Inc. a Florida Corporation 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: NI A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH NI A Year DIVISION DIRECTOR APPROVAL: Risk Management ~ APPROVED BY: County Atty l DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # MEMORANDUM TO:: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management Direc4}f I March 16, 2005 ' Clarification of Agenda Item Restrictive Covenant Permit Number Name on Agenda Item Name on Restrictive Covenant Legal Description 04-3-0859 Oileo Homes Inc. a Florida Corporation Oileo Homes Inc. a Florida Corporation Lots 1,2, & 3, Block 14, Anglers Park, Key Largo This instrument was prepared by: David Contreras 10101 S.W. ]36 St Miami, Florida 33] 76 LOT AGGREGATION RESTRICTIVE COVENANT 1. WHEREAS, Oileo Homes Inc. a Florida corporation, the undersigned are the sole owners of the following described real property located in Monroe County, Florida described as follows; Lot(s): 1~ 2. and 3 Block: 14 Subdivision: An21ers Park Key: Lar20 PB: 1-159 Real Estate Number(s): 00553380.000000; 00553390.000000. and 00553400.000000 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 04-03-0859 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 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 No.: 00553380.000000, 00553390.000000, 00553400.000000 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 or violation ofthe 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 1 n DA Y OF Fe": BR.o A-f<-X . I ~ noS O\VJ'lER OR OWNERS ~.(1~~ (Signature) Gilco Home Inc. Gilbert Contreras 10900 S.W. 97 Avenue Miami, Florida 33176 :#/ /7 /~. 0c-A~' i .. (Signature) t::J ~ \J :rO c {Jt.-5T12e 17 r+S (print/Type Name) L~ '?J~ (Signature) r \\..{ I ~ ( A.c ""-t. V A L.. l:::, € (PrintIType Name) STATE OF FLORIDA COUNTY OF MONROE _ The foregoing instrument was acknowledged before me 1his 10 day of j-G'$, ~r.J 'i '2 .; .2005, by C;fJ..~a1 CO.v""~~41f who is/are personallv known to me produced as proof of identification and did take' an oath. ~~ RobertoJ.Valdes ~-6u07,:;l.:f' 4:.:>iE',$ . ~ ,; MyCommissioll DD26642Notary Public (print name) ...,...; """.J_.17 me C30~~ Notary Pu Ie (signature) Lot Aggregation Restrictive Covenant RE No.: 00553380.000000,00553390.000000, 00553400,000000 MONROE COUNTY ATTORNEY APP~VED~S TO FORM Oat.: '1 ii( "--' 2.' (8 . P $.. Page 2 of2