Item R03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 20. 2005 - KW
Division: County Attorney's Office
Bulk Item: Yes XX No
Staff Contact Person: Pedro Mercado
AGENDA ITEM WORDING: Authority to initiate litigation to enforce a restrictive covenant.
ITEM BACKGROUND: On March 28, 2002, Daniel and Luann Devine signed a Single Family
Restrictive Covenant agreeing that their property located at Lot 24 Block 4 Summerland Cove Isle was
being permitted as a single family residence and "that no structural changes or interior renovations will
be made to the single family residence which will allow the use of the residence as a duplex or multi
family residence. During a recent, inspection a full kitchen and bath were discovered in a downstairs
enclosure creating an un-permitted dwelling unit contrary to the restrictive covenant.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: TBD
BUDGETED: Yes -1L- No
COST TO COUNTY: TBD
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management _
DIVISION DIRECTORAPPROVAL:~ ,,~()'\ 1,,<,
OHN R. COLLINS, COUNTY ATTORNEY.
DOCUMENTATION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
305-289-2536
PLANNING ?EPT
PAGE 03
FILE 1:1.. 295266
BKt!:l.7 -, 7 POI J... 59:1-
. The restrictions herein shall be binding upon the representativeB. heirs,
assign. and suc:ceslOl'8 In title of the und....~qed: it being the Intention of the
uncWJ1lirl...... by.executton andreoordll'lG Of1h1t document that thi8 restriction
shall run with the land and shall be forever jblndi"g upon the euccess0r8 In
tiUe;and i
. Thi$ covenant is intended to benefit and run irl favor of the County of Monroe;
and
In the event of any breach or violation of the covenant qontained herein, the said County
may enforce the COV8nant by Injunction or such ~r lega' method, 88 the county
deems appropriate. I
I
EXECUTED ON THIS JS day of
.~
gnature
Jt;~ PI1SI(IILI ~
(Prin ype Name)
ture)
~j\,'HtY,., H,,-\. Bo l-N.1f
(Printffype Name)
Sworn before me this Cl ~ day of
MONROE COUNTY
OFFICIi'lL RECOims
Single FamUy ResldenOll Covenenl
00198~
,2CQ1.
,2002 A.D.
. .-:~.''':;,..,
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~~~ _,"'DIMlY PlJl1l,C - S~~ llf rioItda
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..~.~I"" ~"Il'IfW'~...:on' DDGSS.a7
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