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Item H06 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 16, 2005 Bulk Item: Yes No Division: Growth Management Department: Planning Staff Contact Person: K. Marlene Conaway AGENDA ITEM WORDING: Approval for one Restrictive Covenant from Robert M. Clemmons to have one dwelling unit on contiguous lots described as Lots 4, 5, 33 & 34, Block 9, Amended Plat of Key Largo Park, Key Largo. ITEM BACKGROUND: On February 9, 2005 the Planning Commission approved an allocation award for the applicant listed below provided the applicant's Restrictive Covenant is approved by the HOCC. Robert M. Clemmons submitted the Restrictive Covenant to Monroe County. The applicant is receiving one dwelling unit allocation award for the year ending July 13, 2005, has filed the document in accordance with Ordinance No. 47- 1999. PREVIOUS RELEVANT BOARD ACTION: On November 11, 1999, the HOCC adopted Ordinance No. 047- 1999. CONTRACT/AGREEMENT CHANGES: N/A. STAFF RECOMMENDATION: Approval. TOT AL 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 . J Risk Management NI A 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 J. McGany, Growth Management Dire~ March 16, 2005 Clarification of Agenda Item Restrictive Covenant Permit Number Name on Agenda Item Name on Restrictive Covenant Legal Description 03-3-2104 Robert M. Clemmons Robert M. Clemmons Lots 4, 5, 33 & 34, Block 9, Amended Plat of Key Largo Park, Key Largo LOT AGGREGATION RESTRICTIVE COVENANT 1. Whereas, Robert M. Clemmons, a sinqle man, the undersigned [s the sole owner of the following described real property located in Monroe County, Florida described as follows: Lot(s): 4. 5. 33 and 34 Block: 9 Subdivision: Amended Plat of Key Larao Park Key: Larao PB: 3 ~ 62 Real Estate #(5): 00525390.000000. 00525380.000000. 00525090.000000 & 00525100.000000 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 # 03-3-2104 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 four 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: 00525390.000000, 00525380.000000, 00525090.000000 & 00525100.000000 · 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 day of ---~ / I , \ u t - I e!} 0 oj O~R ~ OW !I ~.~ ~i /---- C':l-\SS 't1:~ ~'l: ~~'\- 0 ~'-~~ />~, r / J~f".t:~ / ( #a't- ~~~~.. II &1",0 lJ (PrintlTypefName) ~jM6r t '1 ~ \ColA r 5f (PrintlType Name) " Sworn before me this \ \ '- day of ,~oc~ A.D. ~ Print Name) ,,'';hV~f:'', Dale M. Kelleher :2'$,;"X'..%i,"-:. Commission # DD 035284 - -:' : J.re; June 20, 2005 Notary Public" ,r Bonde:! TIm.! My Commission' Ir~HC BondL'1g Co" In;:. This Instrument Prepared by: Robert M. Clemmons 1 Tina Place Key Largo, FL 33037 MONROE COUNTY AnORNEY Date: APP~~S:~I:~:: Lot Aggregation Restrictive Covenant Page 2 of2 RE: 00525390.000000,00525380,(01)000.00525090,000000 & 00525100.000000