Item J12
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 20, 2005
Bulk Item: Yes X No
Division: Growth Management
Department: Planning
Staff Contact Person: K. Marlene Conaway
AGENDA ITEM WORDING: Approval for one Restrictive Covenant from James D. Robertroy and Scarlett R.
Navarro-Robertroy to have one dwelling unit on contiguous lots described as Lots 1, & 2, Block 26, Cutthroat
Harbor Estates, Cudjoe Key.
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 thc BOCC. James D. Robertroy
and Scarlctt R. Navarro-Robertroy submitted the Restrictive Covenant to Monroe County. The applicant is recciving
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 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 ....x... OMB/Purchasi~ N/ A
)
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 Directo/P!
April 20, 2005
Clarification of Agenda Item
Restrictive Covenant
Permit
Number
Name on
Agenda Item
03-1-3799
James D. Robertroy and
Scarlett R. Navarro-
Robertroy
Name on
Restrictive Covenant
James D. Robertroy and
Scarlett R. Navarro-
Robertroy
Legal
Description
Lots 1, & 2, Block 26,
Cutthroat Harbor
Estates, Cudjoe Key
LOT AGGREGATION RESTRICTIVE COVENANT
1. Whereas, James D. Robertroy and Scarlett R. Navarro-Robertroy, a married couple,
the undersigned are the sole owners of the following described real property located
in Monroe County, Florida as described as follows:
Lot(s): 1 and 2 Block: 26
Subdivision: Cutthroat Harbor Estates
Key: Cudioe PS: 4-165
Real Estate #(s): 00182250.000000 and 00182260.000000:
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 Pennit
Allocation System for building permit # 03-1-3799 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 here in shall 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 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: 00182250.000000 and 00182260.00000
. 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.
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EXECUTED ON THE 'aD day o[..(),", 1~-u.c!~'1
" ;~
~WNER~RO~
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( ~Signature)
\./J ames D. Robertroy
22920 John Avery Lane
Cudjoe Key, FI 33042
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(, ,/:>:(Signature" !
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'''7/ Scarlett R. Navarr~-Robertroy
i. 22920 John Avery Lane
Cudjoe Key, F133042
WITNESSESS:
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Z~~ Je~ch 1tv~C!f'-
(print/Type Name)
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(Signature) U
jfyQ \ l" is. (~l :~SrlIO re..
(print/T~pe Name)
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Sworn before me thi:s!3t..c1. day ot.--e!2UICLU/ ' 2005
. !
/
This Instrument Prepared by:
James D. RObertroy
22920 John Avery Lane
Cudjoe Key, Fl 33042
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MONRoe COUNTY ATTORNEY
APPROVED AS TO FORM
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Lot Aggregation Restrictive Covenant Page 2 of 2
RE: 00182250.000000 and 00182260.00000
Oat.: