Item H04
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 two Restrictive Covenants from Ben P. & Carol A. Houser to have one
dwelling unit on contiguous lots described as Lots 39 & 40, Amended Plat of Summerland Beach, Summerland Key
and one dwelling unit on contiguous Jots described as Lots I & 15, Summerland Beach 5th Addition, Summerland
Key.
ITEM BACKGROUND: On January 26, 2005 the Planning Commission approved two allocation awards for the
applicants fisted below provided the applicants' Restrictive Covenants are approved by the BOCC. Ben P. & Carol
A. Houser submitted the Restrictive Covenants to Monroe County. The applicants are receiving two dwelling unit
allocation awards 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 BOeC adopted Ordinance No. 047~
1999.
CONTRACT! AGREEMENT CHANGES: N! A.
STAFF RECOMMENDATION: Approval,
TOTAL COST: X
BUDGETED: Yes NI A No
COST TO COUNTY: N/A
SOURCE OF FUNDS: N! A
AMOUNT PER MONTH NI A Year
REVENUE PRODUCING: Yes NI A No
APPROVED BY:
County Atty l
Risk Management J'::liL
DIVISION DIRECTOR APPROVAL:
DOCUMENT A TION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
MEMORANDUM
TO::
FROM:
DATE:
RE:
Danny Kolhage, Clerk of the Court
Timothy 1. McGarry, Growth Management Dire~!
March 16, 2005
Clarification of Agenda Item
Restrictive Covenant
Permit
Number
Name on
Agenda Item
Name on
Restrictive Covenant
Legal
Description
03-1-5645
Ben P. & Carol A.
Houser
Ben P. & Carol A.
Houser
Lots 39 & 40, Amended
Plat of Summerland Beach,
Summerland Key
03-1-5646
Ben P. & Carol A.
Houser
Ben P. & Carol A.
Houser
Lots 1 & 15, Summerland
Beach 5th Addition,
Sunnnerland Key.
LOT AGGREGATION RESTRICTIVE COVENANT
1. WHEREAS, Ben P. Houser Jr. and Carol A. Houser, a married couple, the
undersigned are the sole owners of the following described real property located
in Monroe County, Florida described as follows:
Lot(s) 39 & 40 Block(s) N/A
Subdivision: Amended Plat of Summerland Beach
Key: Summerland PB: 2-155
Real Estate #(s): 00196810.000000 and 00196820.000000
and
2. WHEREAS, this Lot Aggregation Restrictive Covenant restricts the use of the
legally described property in order to receive a building permit; and
3. WHEREAS, the above described parcel(s) was assigned additional points in
the Permit Allocation System for building permit # 03105645 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 parcel(s) 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 be
forever binding upon the successors in title; and
Lot Aggregation Restrictive Covenant Page 1 of 2
RE: 00196810.000000 and 00196820.00000
· 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
-- .,
ISday of~i~
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WITNESSES:
c~~~: OWNERS
B7t::i/: ,L
Carol A. Houser
C~l~( hJ
J! tr 4/ /l r c:: FA U s:r-
(PrintlType Name)
~j~
, 19nature)
:r~ y-.-.. c..~ S~ i{ G1i €1L
(Printffype Name)
Sworn before me this
IS-
,-. .'
day of /6--;6
, .;ZooS-- A.D.
COMMONWEAlTH OF PENNSYLVANIA
Notarial Seal
Lynette E. Faust, Notary Public
Franklin Twp., Carbon County
My Commission Expires July 1, 2005
Member, Pennsylvania Association of Notaries
J. V ~ if m;" t;::' I:;; c/ f/
Notary Public (Print Name)
/)
___...I/",J /I -:. ! //,.~~/ l .,
" _. ," ,.~,*( c_.~, c
(~?'t u..t" (/ . v:ei>. .
'---" No ry Public (Signature)
My Commission Expires:
This instrument was prepared by:
Ben P. Houser, Jr.
240 Chapel Dr.
Lehighton, PA 18235
Lot Aggregation Restrictive Covenant Page 2 of 2
RE: 00196810.000000 and 00196820.000000
MONROE COUNTY ATTORNEY
APP~~ ~~ TO FORM
Date. IT 2" j?j .0;::;
LOT AGGREGATION RESTRICTIVE COVENANT
1. WHEREAS, Ben P. Houser Jr. and Carol A. Houser, a married couple, the
undersigned are the sole owners of the following described real property located
in Monroe County, Florida described as follows:
Lot(s) 1 & 15 Block(s) N/A
Subdivision: Summerland Beach, Addition No.5
Key: Summerland PB: 3-82
Real Estate #(s): 00198260.000000 and 00198120.000000
and
2. WHEREAS, this Lot Aggregation Restrictive Covenant restricts the use of the
legally described property in order to receive a building permit; and
3. WHEREAS, the above described parcel(s) was assigned additional points in
the Permit Allocation System for building permit # 03105646 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 parcel(s) 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 be
forever binding upon the successors in title; and
Lot Aggregation Restrictive Covenant Page 1 of 2
RE: 00198260.000000 and 00198120.00000
· 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 le') -~ day of Fit;,
,;{OCJ ~-
, .
WITNESSES:
OWNER OR OWNERS
~~~.
BZ1 ouse~1 r~
/i2~ If ' .
Carol A. Houser '
t!Ji / (~ c;r;;:J/
(Si~e)
J-I iF /1//1- Y 6: rA u .r r~
(Printrrype Name)
bl~
( ignature)
:JAjV\cS SCHcr2€lL
(Printrrype Name)
Sworn before me this
. ---- ~/
JS day of rrC
:z ~-
I ' (')CJ. A. D.
COMMONWEALTH OF
Notarial Seal
~nett~ E. Faust, Notary Public
rank:Ju) Twp., Carbon Count'
My ConulllsslOn Expires July 1, 3005
Member, Pennsylvania A%OCi2tiorl or Notaries
J 7<V57!i-/-~ huj/'
Notary Public (Print Name)
/_.~/~) __!/~ ((1 ;.:= J--
- )Z~..~!/1/k; !!r/,- r; ~-~ry
/ p/ '-I'-<;:- '1::../ - ___ - tJ. (>v~
,~ No~ry Public (Signature)
My Commission Expires:
This instrument was prepared by:
Ben P. Houser, Jr.
240 Chapel Dr.
Lehighton, PA 18235
Lot Aggregation Restrictive Covenant Page 2 of 2
RE: 00198260.000000 and 00198120.000000
MONROE COUNTY ATTORNEV
APpr~,v~ A' TO FORM
Date: ::::!:' b Z--i p,. 05