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Item J10 ADD-ON BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20. 2004 Bulk Item: Yes X No Division: Growth Management Department: Plannini AGENDA ITEM WORDING: Approval for one Restrictive Covenant from Michael Geide and Kelly Nuznoff to have one dwelling unit on contiguous lots described as Lots 9 & 10, Block 23, Cutthroat Harbor Estates, Cudjoe Key. ITEM BACKGROUND: On September 8, 2004 the Planning Commission approved an allocation award for the applicant listed below provided the applicants' Restrictive Covenant is approved by the BOCC. Michael Geide and Kelly Nuznoff submitted the Restrictive Covenant to Monroe County. The applicants are receiving one dwelling unit allocation award for the year ending July 13,2004, 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 Risk Management N/ A DIVISION DIRECTOR APPROVAL: DOCUMENT A TION: Included X To Follow_ Not Required_ DISPOSITION: AGENDA ITEM #J- 10 MEMORANDUM TO:: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management Director October 20, 2004 Clarification of Agenda Item ADD-ON Restrictive Covenant Permit Number Name on Agenda Item Name on Legal Restrictive Covenant Description 03-1-2417 Michael Geide and Kelly Nuznoff Michael Geide and Kelly Nuznoff Lots 9 & 10, Block 23, Cutthroat Harbor Estates, Cudjoe Key LOT AGGREGATION RESTRICTIVE COVENANT 1. Whereas, Michael Geide. a sinQle man. and Kellv Nuznoff. a sinQle woman, the undersigned are the sole owners of the following described real property located in Monroe County, Florida described as follows: Lot(s): 9 and 10 Block: ~ Subdivision: Cutthroat Harbor Estates Key: Cudioe PB: 4-163 Real Estate #(s): 00181680.000000 & 00181690.000000: 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 #03-1-2417 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 herein 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 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 of the County of Monroe; and Lot Aggregation Restrictive Covenant Page 1 of 2 RE: 00181680.000000 & 00181690.000000 . 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 /~ dayof ~~ 2DO c( . ~C?n~ ( Ignature) D A W t.../. PcIc7::::.S (PrintlType Name) I '- Sworn before me this I L day of (u/)'-'i A.D. Michael Geide 20730 1 51 Ave. W Cudjoe Key, FL 33042 ",.o;"'''3_)~t'::-~__,~..._.:, L I Lot Aggregation Restrictive Covenant Page 2 of 2 RE: 00181680.000000 & 00181690.000000 ~~ In. .. 'f-