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Item K13 ADD-ON BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 17. 2004 Bulk Item: Yes X No Division: Department: Growth Management Planning AGENDA ITEM WORDING: Approval for one Restrictive Covenant from T-Builders, Inc. to have one dwelling unit on contiguous lots described as Lots 5 and 6, Block 22, Eden Pines Colony 3rd Addition, Big Pine Key. ITEM BACKGROUND: On January 30, 1997 the Planning Commission approved an allocation award for the applicants listed below provided the applicants Restrictive Covenant is approved by the BOCC. T-Builders, Inc. submitted the Restrictive Covenant to Monroe Countv Th~ applicants are receiving a dwelling unit allocation award for the year ending July 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- 1999. On July 15, 2003 the Board of County Commissioners approved Resolution No. 278-2003 for a Beneficial Use Determination Promulgated by the Special Master. 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 ..lL OMB/Purchasing N/ A Risk Management N/ A DMSION DIRECTOR APPROVAL: ~ vitI) _ Ti~Garry, AICP DOCUMENTATION: Included X To Follow_ Not Required - DISPOSITION: AGENDA ITEM # J(J3 ADD-ON MEMORANDUM TO: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management Direct?1'l November 17, 2004 Clarification of Agenda Item Lot Aggregation Restrictive Covenant Permit Number Name on A2enda Item Name on Restrictive Covenant Legal Description 97-1-1361 T -Builders, Inc. T-Builders, Inc. as Lots 5 and 6, Block 22, Eden Pines Colony 3rd Addition, Big Pine Key Prepared by: Carl E. Schror Po Box 421214 Summerland Key Florida 33042 Property Appraiser's Parcel I.D. (Folio) Numbers(s) 00271170.000000 _(Space above this line for recording data) LOT AGGREGATION RESTRICTIVE COVENANT 1. Whereas, T-Builders, Inc., A Florida Corporation, undersigned are the sole owners of the following described real property located in Monroe County, Florida:' Lots: S &. 6 Block: 22 Subdivision: Eden Pines Colony, 3"D Addition Key: Big Pine Key PB: S-S9 Real Estate Numbers: 00271170.000000, ( 2. Whereas, this lot A~gregation Restrictive Covenant that restricts the use of the legaliy described property in order to receive a building penn it; and 3. Whereas, the above described parcels were assigned additional points in the Pennit Allocation System for building penn it number 96-1-1361 for the voluntary reduction of density through aggregation of vacant, legally p tatted, bu ildab Ie lots. . 4. Now, Tberefore, the undersigned agree as follows: The above described parcels shall have its density reduced from two dwelling units to one dwelling unit in consideration ofa building pennit to build a.single-family residence; and The restrictions herein shall be binding upon the representatives, heirs, assigns and successors in title cifthe undersigned; it being the intention of the undersigned by execution and recording of the document that this restriction shall run with the land and shall be forever binding upon the successors in title; and EXECUTED ON THIS The covenant is intended to benefit and run in favor of the County of Monroe; and In the event of any breach or violation ofthe covenant contained herein, the said County may enforce the,covenant by injunction or such other legal method, as the County deems appropriate. I DAY OF NOVfK..hr ~~ S~ & Print Name .... .Y\\s9.-(\'\\J).~~ rtOJl.. ~ VVI9^1Q.) Sign & Print Name tJrIn \uc.. W\r:-, r'" I . T-Bu! ers, c. (David W. Tuttle) P.O. Box 430503 BigPine Key, FL 33043, NOTARY: STATE OF FLORIDA COUNTY OF MONROE The foregoing ins~ent was acknowledged before ./" I day of 1:'J"1bI hI'" ,200 ctL by TvffJ.,Y who personally appeared'before r;ne at the time of notarization and who. me or who has. , ,0 (did/did not) take an oa "\ ......,~~Vl~~,~~ Mf,R'( P. WINGATE . (OFFl11.. i'i !>\c:Jlrl pue:". - Stata of Florida I ~ ~yCorT1i:fl~'5E.lOnE.r.p.resJun26,2005 -"z" ".",' COC'fC,55,on # 00037510 I~. ." to ~ Signature 0 Personally Known or Produced Identification Type ofldentification Produced ' Lot Aggregation Restrictive Covenant Real Estate Numbers: 00271170.000000 MONROE COUNTV ATTORNeV f1f"''''' ,'" ,~'... ,...s Tn J"'nPM 0-.1' d<M /l" . 0'1...::::=, Page J of I