Item J08
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Division: Growth Management
Department: Planning
Staff Contact Person:~ Marlene Conaway
Meeting Date: Apri] 20, 2005
Bulk Item: Yes X No
AGENDA ITEM WORDING: Approva] for the transfer of six buildable lots from Joseph V.Fisher & LaVerne B.
Fisher for Rhog, inc. to Monroe County by Warranty Deeds and approval for one Restrictive Covenant from Joseph
V. Fisher, President, Rhog, Inc. to have one dwelling unit on contiguous lots described as Lots 1 & 2, Block 4, Snug
Harbor Addition], Summerland Key.
ITEM BACKGROUND: On January 26, 2005 the Planning Commission approved an allocation award for the
applicants listed below provided the applicants' Warranty Deeds and Lot Aggregaton Restrictive Covenant are
approved by the BOCC. Joseph V. Fisher & LaVerne B. Fisher submitted the Warranty Deeds to donate six lots to
Monroe County & Joseph V. Fisher, President, Rhog, Inc. submitted the Restrictive Covenant to Monroe County.
The applicants are receiving a dwelling unit allocation award for the year ending Ju]y 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-
]999.
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 N/A Year
APPROVED BY:
County Arty l
ICP
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Incl uded X
Not Required_
DISPOSITION:
AGENDA ITEM #
MEMORANDUM
TO:
FROM:
DATE:
RE:
Danny Kolhage, Clerk of the Court 1/
Timothy J. McGarry, Growth Management D~
IlJ/LY!
April 20, 2005
Clarification of Agenda Item
Lot Aggregation & Land Dedications
Permit
Number
Name on
Agenda Item
Name on
Warranty Deed
Lot Aggregation
Legal
or Description
03-1-5514
Joseph V. Fisher,
President, Rhog, Ine
Joseph V. Fisher,
President, Rhog, Ine
Lots 1 & 2, Block 4, Snug
Harbor Addition l,
Summerland Key
03~1~5514
Joseph V. Fisher &
LaVerne B. Fisher
Lots 1, 2, 3, & 4, Block 4,
Summerland Beach
Addition 2, Summerland
Key
Joseph V. Fisher, LLC Joseph V. Fisher, LLC Lots 14 & 15, Block 3,
Summerland Beach
Addition 2, Summerland
Key
Joseph V. Fisher &
LaVerne B. Fisher
03-1-5514
This Instrument Prepared By:
Joseph V. Fisher
PO Box 420500
Summerland Key, FL 33042-0500
lOT AGGREGATION RESTRICTIVE COVENANT
1. WHEREAS, Joseph V. Fisher, President, Rhog, Inc., a corporation registered
in the State of Pennsylvania, is the sole owner of the following described real property
located in Monroe County, Florida, described as follows:
Lot 1 & Lot 2, Block 4, SNUG HARBOR ADDITION NO.1,
As recorded in Plat Book 4, Page 155 of the Public Records of;
I
Monroe County, Florida I
Summerland Key
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 03-1-5514 for the voluntary reduction of
density through aggregation of vacant, legally platted, buildable lots; and
NOW THEREFORE, the undersigned agree as follows:
The above described parcels 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 intE1ntion of the
undersigned by execution and recording of this document that this res~riction shall
run with the land and shall be forever binding upon the successors in title; and
Lot Aggregation Restrictive Covenant
RE No. 00-195980.000000 and 00-195990.000000
Page 1 of 2
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.
Signed, sealed, witnessed and acknowledged this 'L ff:h day of March, 2004, at
Summerland Key, Florida.
WITNESSES:
OWNER:
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G, INC., a Pennsylvania Corp.
y: Joseph V. Fisher, President
Federal 10 No. 25-1194214
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE'ME personally appeared Joseph V. Fisher known to be President of Rhog, Inc., a
Pennsylvania Corporation, and to me known to be the person described in the execution thereof to be his
free act and deed for the uses and purpose herein mentioned. Joseph V. Fisher is known to me personally.
WITNESS my hand and official seal this 2.J.j'tfJday of March, 2004.
$'/J.YPI;~ N1ARYTCAIN
.,. ~ ,. MY COMMISSION # CC 919825
",-~'9'.~
1" Of l..l:i~ EXPIRES: May 17.2004
HlOO-3.NOTARY Fl Notary Service & Banding, lno.
MONROE COUNTY ATTORNEY
1.?!j~OrEO AS TO FORM
Date: ~0 2...1.5 . ()"'-,
Lot Aggregation Restrictive Covenant
RE No. 00-195980.000000 and 00-195990.000000
Page 2 of 2
WARRANTY DEED
This Instrument Prepared by:
Name: Joseph V. Fisher
Address: PO Box 420500
Summerland Key, FL 33042-0500
Parcel No. 00197750.000000, 00197760.000000,
00197770.000000, and 00197780.000000
Grantor's Tax I.D. No. 282-22-8449 and 206-22-0030
Grantee's Tax I.D. No.
WARRANTY DEED
This Warranty Deed, made this _ day of " by and between
JOSEPH V. FISHER and laVERNE B. FISHER, husband and wife, hereinafter called the
grantor and The County of Monroe, a political subdivision of the State of Florida, whose
address is c/o Board of County Commission, 500 Whitehead Streett Key Westt FL 33040,
hereinafter called the grantee.
(Wherever used herein the terms ~grantor" and ~grantee" shall Include singular and plural, heirs,
legal representatives, and assigns of individuals, and the successors and assigns of corporation.) ,
Witnesseth: That the grantor, for and in consideration of the sum ofTen Dollars
($10.00) and other valuable considerations, receipt whereof is hereby acknowledged,
hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the
grantee, all that certain land situate in Monroe County, Floridat viz:
Lot 1, Block 4, of SUMMERLAND BEACH ADOmON NO.2, according to the
Plat thereof recorded in Plat Book 3, Page 21, of the Public Records of
Monroe County, Florida.
And also
Lot 2, Block 4, SUMMERLAND BEACH AOOmON NO.2, according to the Plat
thereof recorded in Plat Book 3, Page 21, of the Public Records of Monroe
County! Florida.
And also
Lot 3t Block 4, SUMMERlAND BEACH AODmON NO.2, according to the Plat
thereof recorded in Plat Book 3, Page 21, of the Public Records of Monroe
County, Florida.
And also
Lot 4, Block 4, SUMMERLAND BEACH ADDmON NO.2, according to the
Plat thereof recorded in Plat Book 3, Page 21, of the Public Records of
Monroe County, Florida.
Subject to covenants, restrictions and easements of record and taxes for
the current year. Said property is not the homestead of the Grantor
under the laws and constitution of the State of Florida in that neither
Grantor or any members of the household of Grantor reside thereon.
Together with all the tenements, hereditaments and appurtenances thereto
belonging or in any wise appertaining.
Have and to Hold the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor lis lawfully
seized of said land in fee simple; that the grantor has good right and lawful authority to
sell, donate, and convey said land; that the grantor hereby fully warrants the title to
said land and will defend the same against the lawful claims of all persons whomsoever;
and that said land is free of all encumbrances, except taxes accruing subsequent to
date of transfer.
In Witness Whereof the grantor has caused these presents to be executed in
its namer and its corporate seal to be hereunto affixed by its proper officer thereunto
duly authorized, the day and year first above written.
edr sealed and delivered in the presence of
J.- )'
(SEAL)
(!Yitness sign 8'!!!J:rint Ja'!'e)
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L , } . //\ "b-..,.._c~':% . .<' J
/Sr /..c.l A jVl ; M '1~ C, 1+-/ rv'
(Witness sign and print name)
STATE OF FLORIDA:
COUNTY OF MONROE:
laVERNE B. FISHER
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid
and in the County aforesaid to take acknowledgments, personally appeared JOSEPH V. FISHER and
laVERNE B. FISHER, who have executed the foregoing instrument, and have aCknowledged before me
that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this 24th day of March,
~~
Notary Publ
My Commission Expires: 5-11- () t.j
Personally knownL or produced identification_
Type of Identification P
2004.
MONROE COUNTy Ai l(;HNEY
A. ~At TO FORM
. . ~. ()"\
$..,J.Y"~ MARY T CAlN
~ llZ;ff "" MY OOMMISSION # CC919825
~A..{>;
'~()ff\.r,<;: EXPIRES: May 17, 2004
j.aoo-s-NOTARY FL Nolary 50<'1;"" & Bonding, Ine.
t'lll :
WARRANTY DEED
From Corporation to Corporation
Return to: (enclose self-addressed, stamped envelope)
Name: Joseph V. Rsher, llC
Address: PO Box 420500
Summerland Key, FL 33042-0500
This Instrument Prepared by:
Name: Joseph V. Rsher
Address: PO Box 420500
Summerland Key, FL 33042-0500
Parcel No. 00197670-000000
00197680-000000
Grantee's Tax 1.D. No. 59-3369643
WARRANTY DEED
This Warranty Deed, made this _ day of , _, by and between Joseph V.
Fisher, LLC, a limited liability company existing under the laws of the State of Florida, hereinafter
called the grantor, and The County of Monroe, a political subdivision of the State of Florida,
whose address is c/o Board of County Commission, 500 Whitehead Street, Key West, FL 33040,
hereinafter called the grantee.
(Wherever used herein the terms "grantor" and "grantee" shall include singular and plural, heirs,
legal representatives, and assigns of individuals, and the successors and assigns of corporation.)
Witnesseth: That the grantor, for and in consideration ofthe sum ofTen Dollars ($10.00)
and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants,
bargains, sells! aliens, remises! releases, conveys and confirms unto the grantee, all that certain
land situate in Monroe County! Florida! viz:
Lot 14, Block 3, of SUMMERLAND BEACH ADDITION NO.2, according to the Plat thereof
recorded in Plat Book 3, Page 21, Public Records of Monroe County, Florida.
Lot 15, SUMMERLAND BEACH ADOmON NO.2, Block 3, according to the Plat thereof
recorded in Plat Book 3, Page 21, Public Records of Monroe County, Florida.
Subject to covenants, restrictions and easements of record and taxes for the current year.
Said property is not the homestead of the Grantor under the laws and constitution of the
State of Florida in that whether Grantor or any member of the household Grantor reside
thereon.
Together with all the tenements! hereditaments and appurtenances thereto belonging or
in any wise appertaining.
Have and to Hold the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is la~ully seized of
said land in fee simple; that the grantor has good right and lawful authority to sellk donate, and
convey said land; that the grantor hereby fully warrants the title to said land and will defend the
same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to date of transfer.
In Witness Whereof the grantor has caused these presents to be executed in its name,
and its corporate seal to be hereunto affixed by its proper officer thereunto duly authorized, the
day and year first above written.
Signed, sealed and delivered in the presence of
(Witness sign name)
~
ti:l i..EJ:J0 ":. q KA r
(SEAL)
J EPH V. FISHER, Ma aging Member
OSEPH V. FISHER, LLC
(Witness sign name)
~~~
tlJ C Sa1*-.f C4
STATE OF FLORIDA:
COUNTY OF MONROE:
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and
in the County aforesaid to take acknowledgments, personally appeared JOSEPH V. FISHER, who is known
to be a Managing Member of JOSEPH V. FISHER, LLC, has executed the foregoing instrument, and has
acknowledged before me that he ex~;~he same. WITNESS my hand and official seal in the County and
Stilte last aforesaid lhis/1t!! day of Iit( .1.fZ>1 - L
Notary Public i
My Commissi n Expires: S' (1 ~ lJ
Personally known 2L or produced identification _
Type of Identification Produced
..~ MARYTCAlN
\.., MYCOMMtstroN_CC!llllm
1 ill'l\.\S ... . ~EXPjlU>s:May17.~
~'fI\FW l'~ Notary SillVioo & 1kl000n IrIo.
'V ..1J!......
Dale: