Item J03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Division: Growth Management
Department: Planning
Staff Contact Person: K. Marlene Conaway
Meeting Date: Apri120.2005
Bulk Item: Yes X No
AGENDA ITEM WORDING: Approval for one Restrictive Covenant from David B. & Debbie J.S. Nelson to have
one dwelling unit on contiguous lots described as Lots 8, 9 & 12 Block 5, Center Island Section 2 Part 1 Tom
Harbor, Duck Key.
ITEM BACKGROUND: On February 9, 2005 the Planning Commission approved an allocation award for the
applicants listed below provided the applicants' Restrictive Covenant is approved by the BOCC. David B. & Debbie
J.S. Nelson 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: N/A
SOURCE OF FUNDS: N/ A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/A Year
APPROVED BY: County Atty l OMB/Purchasing N/A
{j\
I
Risk Management ~
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. McGarry, Growth Management Directo1l1
April 20, 2005
Clarification of Agenda Item
Restrictive Covenant
Permit
Number
Name on
Agenda Item
Name on
Restrictive Covenant
Legal
Description
03-2-2508
David B. & Debbie J.S,
Nelson
David B. & Debbie J,S,
Nelson
Lots 8, 9 & 12 Block 5,
Center Island SEeton 2
Part 1 Tom Harbor,
Duek Key
Lot Aggregation Restrictive Covenant
1. WHEREAS, David B. and Debbie J.8. Nelson, 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) 8. 9 and 12 Block ~
Subdivision: Center Island. Section 2. Part 1. Toms Harbor
Key Duck PB: 5-82
Real Estate #(s) 00380100.000000.00380110.000000.00380140.000000 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 parcel(s) was assigned additional points in the Permit
Allocation System for building permit # 03-2-2508 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 three dwelling
units to one dwelling unit in consideration of a building permit to build a single
family residence; and
. The restrictions herein shaH be binding upon the representatives, heirs, assigns and
successors in title of the undersigned; it being the intention if the undersigned by
execution and recording of this document that this restriction shall run with the land
and shaH be forever binding upon the successors in title; and
. This covenant is intended to benefit and run in favor the ofthe County of Monroe;
and
Lot Aggregation Restrictive Covenant 1
RE: 00380100.000000,00380110.000000,00380140.000000
. 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 117ft day of /M (Zt1lf
, ~S-
flat,! a w ;udtL d~
(Signature)/
"
(!Am'/ II. W' UI {.}M.!;
(Print / Type Name),
OWNER OR OWNERS
~~7
(Signature) David Nelson
7100 Glenwood Street i
rx~;ZiVtf~
(Signature) Debbie Nelson
7100 Glenwood Street
Duluth, Minnesota 55804
-------- ...............
WITNESSES
0,
"
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(~ature)
~~~ ~\:u\'c0.~+'{trt/,--
(Print I Type Name)
STATE OF FLORIDA
COUNTY OF MONROE
instrument was acknowledged before me thi~L day of ~L AOOS
who is/are personally known to me or
as proof of identification and did take an oath.
\-o~ p (!eJelCS"
(Notary pUbli~nt Name~
:e~(~
by
produced
DAWN M. PETERS
,,~~'UI'./ , F'~"""""
",';j..K' pU,,/:,'. Notary PubliC' State 0, ""'......
f"'.. ..".~~ElCPlJe&oec8. 2008
~:; oi!f.f Comml$ilOn (# DO 377973
, .. (f'- ............ A.-.
"r,l-.;iOFf\.,."....." ~__~~~ t~-,I"'IiJIiM"
.ttrJ~n'. DU1 ~..y
This instrument was prepared by:
David & Debbie Nelson
7100 Glenwood Street
Duluth, Minnesota 55804
MONROe COUNTY ATTORNEY
~PPROVU TO fORM .
6~ ).!l.O;~
talA:
Lot Aggregation Restrictive Covenant 2
RE: 00180100.000000,00380110.000000.00380140.000000