Resolution 303-1987
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Monroe County Commission
RESOLUTION NO. 303 -1987
A RESOLUTION AUTHORIZING THE MAYOR/CHAIRMAN
OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, TO EXECUTE A
SETTLEMENT AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, FRED E.
SNOWMAN AND FRANCES M. SNOWMAN, AND MONROE
COUNTY, FLORIDA, CONCERNING SETTLEMENT OF THE
APPEAL FILED BY THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, IN RE: MONROE COUNTY
PLANNING COMMISSION RESOLUTION NO. 10-87.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that said Board hereby authorizes the
Mayor /Chairman of the Board to execute a Settlement Agreement
between the Florida Department of Community Affairs, Fred E.
Snowman and Frances M. Snowman, and Monroe County, Florida, a
copy of which is attached hereto, concerning settlement of the
appeal filed by the Florida Department of Community Affairs, in
re: Monroe County Planning Commission Resolution No. 10-87.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 4th day of August, A. D. 1987.
BOARD OF COUNTY COMMISSIONE S
OF ROE COU~Yp FLORIDA
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(Seal)
Attest : DANNY L. KOLHAGE, Clerk
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
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Attorney's Offu:e
BY
STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
IN RE: MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION
NO. lO-U7 ISSUED TO FRED E.
SNOWMAN, JR., AND FRANCES M.
SNOWMAN IN AN AREA OF CRITICAL
Sl'ATi~ CONCERN.
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SETTLEMENT AGREEMENT_B~~~~~~_~~~_!~Q~!Q~_Q!~~~~~!~!_Q!
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THIS SETTLEMENT AGREEMENT made by and among Monroe County,
Florida, a political subdivision of the state of Florida ("Monroe
I : ,) II n t y" ); the F lor i daD e par t men t 0 f Com rn u nit y A f f air s, a nag e n c y
of the State of Florida ("DCA"); and Fred E. Snowman and Frances
;'j. S n 0 \, !:\ a n (" the S now man s" ) .
WHEREAS the Snowmans are owners of Lot 63, Section "A",
:'1 ate cum b p 0 c e a n B e a c h 0 n Lower 1-1 ate cum b eKe y I I 0 cat e din S e c t ion
ll, Township 64 5, Range 35 E, Monroe County, Florida, further
described in Exhibit A which is attached hereto and made a part
hereof (the subJect property).
WHEREAS, a controversy has arisen between Monroe County,
UCA and the Snowmans regarding Resolution 10-87 which is marked
EXhibit B and is attached hereto and mad~ a part hereof.
'iJ]jEREA:J, DCA ha~, filed a petition with the Florida Land
and Water Adjudicatory Commission from Monroe County Planning
Co Ii: ~ i s s ion He sol uti 0 n No. 1 0 - 87 w her e b y the den i a I for a va ria nee
to the 50 foot setback requirement established in Subsection
9-dll.L.G. Monroe County Land Development Regulations for the
subject property was overturned by the Planning Commission ("the
? ,. c ~ t ion" ); and
WHEHEAS, all parties are desirous of amicably resolving
tne controvery and establishing the setback from the beach berm
co~plex to be allowed on the subject property and to identify
wher~ on the property the structure may be placed.
NOW THEREFORE, in consideration of the mutual covenants
enterd into between the parties hereto to be made and performed,
d 11 d J n ,: 0 n f.; ide rat ion () f the b e n e fit sac c rue d t () e a c h 0 [ the
respective parties, receipt of which is hereby acknowledged, it
if.; convenanted and agreed to as follows:
Section 1.
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The above
leprescntations are hereby incorporated by reference and are
acknowledged to be true and correct.
Section 2.
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A copy of a survey of the sUbject
property is marked Exhibit C and attached hereto and made a part
h0reof,
Tl1e survey ~,hows the mean high water line on the subject
pro p (' r t y .
No structure shedl be located \~ithin (SOl feet of the
mean high water line on the subject property as it is reflected
on Exhibit C.
Section 3,
Execution.
This agreement will take effect
upon the signing of it by the last party.
Section 4,
Dismissal.
Upon execution of this Agreement
th~ Department will file its Notice of Voluntary Dismissal with
the Florida Land and Water Adjudicatory Commission dismissing its
appeal of Monroe County Planning Commission Resolution No. 10-87.
s (~ c t ion 5.
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Enforcement of this Agreement may be in equity against any
parties or persons violating, or attempting to violate, any
proJision hereof.
The Department may also enforce this
Settlement Agreement pursuant to Section 380.11, Florida
Statutes.
The prevailing party in the action, or suit, shall be
e~titled to recover, in addition costs and disbursements allowed
by law, such sum as the Court may adjudge to be reasonable for
the services of his attorney.
Section 6.
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This Agreement shall be filed of
record among the Public Records of Monroe County, Florida, at the
cost of the Snowmans.
EXECUTED this
day of
1987.
MONROE COUNTY, FLORIDA
'di':nesses:
By:
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... Mayor
Attest:
County Clerk
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STATE OF FLOK~uft
SS:
COUNTY OF
SWORN TO AND SUBSCRIBED before me this
1987.
day of
Notary Public
State of Florida at Large
My Commission Expires:
\'1 i t n e sse s :
FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS
By:____________________________
Thomas G. Pelham, Secretary
~TMTE OF FLORIDA
SS:
COUWI'Y OF LEON
SWORN TO AND SUBSCRIBED before me this
1987.
day of
Notary Public
State of Florida at Large
1'1y Commission Expires:
\J i t n e sse s :
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S ? A '1' E 0 F' F LOR I D A
ss:
COUNTY OF
SWORN TO AND SUBSCRIBED before me this
1987.
day of
Notary Public
State of Florida at Large
1'1 Y Com m i s s ion E x p ire s :
1"1 1 t n e sse s :
Frances M. Snowman
-3-
STATE OF FLORIDA
ss:
COUNTY OF'
SWORN TO AND SUBSCRIBED before me this
1987.
day of
Notary Public
State of Florida at Large
My Commission Expires:
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