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Item J13 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 John C. Novick to have one dwelling unit on contiguous lots described as Lots 3 & 4, Block 5, Bahia Mar Estates, 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 BOCC. John C. Novick 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 BOCC 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: NI A REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH NI A Year APPROVED BY: County Atty l DIVISION DIRECTOR APPROVAL: Risk Management NI A 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 Directoqtll April 20, 2005 I Clarification of Agenda Item Restrictive Covenant Permit Number Name on Agenda Item Name on Restrictive Covenant Legal Description 02-3-1534 John C. Novick John C. Novick Lots 3 & 4, Block 5, Bahia Mar Estates, Key Largo This instrument prepared by: John C. Novick 13 Gulf Drive Key Largo, FL 33037 LOT AGGREGATION RESTRICTIVE COVENANT 1. WHEREAS, John C. Novick, a single man, the undersigned is the sole owner ofthe following described real property located in Monroe County, Florida, described as follows: Lots: 3 and 4 Block -2 Subdivision: Bahia Mar Estates Key: Largo PB: 4-79 Real Estate Numbers: 00544120.000000 and 00544130.000000; 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 parcels were assigned additional points in the Permit Allocation System for building permit #02-3-1534 for the voluntary reduction of density through aggregation of vacant, legally platted, buildable lots; and 4. 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 intention 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 * This covenant is intended to benefit and run in favor ofthe County of Monroe; and Page 1 of2 Lot Aggregation Restrictive Covenant RE #00544120.000000, 00544130.000000 * 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 TillS i day of {Yl4. ~ , 2005. OWNER ~l (Si ature) John C. Novick 13 Gulf Drive, Key Largo, FL 33037 (fbLl he, {IjO\/~)J~ (Print/Type Name) WITNESSES: lJr;:f Vh?1U2<U (Signa .' e) . J SAf"Lot' N';Ii1~ (Print! ype Name1 STATE OF FLORIDA COUNTY OF MO~~E ,./ II;1 ~ The foregomg mstrumen' was acknowledged before me this If day of 11 KIA t!)t, 2005, fJy ~ ' who is personally known to me, or produced .. as proof of identification and did take an oath. ,....... GAYLE A, NYMAN "m'.(~' p"t...,. ............, PublIC . Slate ot F.IoII00 ~() ~~ '~~I-' 4,.........a i~ a~Ca ~1......-.t:lee1 ~~ :.. ";;n'1f ,.' ~ \~ g,i CommISSion /I 00 379116 ~;:>;;"" f\.~,,,, ....-..................NotalYNsn, :.jfliht.\" tJIIII!'~WJ rtUI.......... MONROE COUNTY ATTORNEY AP~D tS TO FORM L ~'3.i()'65 Page 2 01'2 Lot Aggregation Restrictive Covenant RE Nos: 00544120.000000,00544130.000000 Dale'