Item C14
ADD-ON
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Bulk Item:
January 17. 2002
Yes X No
Division: Growth ManalZement
Department: Planning
AGENDA ITEM WORDING: Approval for one Restrictive Covenant from Kevin & Barbara Mitchell to have one
dwelling unit on contiguous lots described as Lots 25 & 26, Block 23, Cutthroat Harbor Estates, Cudjoe Key; and
the approval for the transfer of one buildable lot from Kevin & Barbara Mitchell to Monroe County by Warranty
Deed.
ITEM BACKGROUND: On December 27, 2001 the Planning Commission approved an allocation award for the
applicants listed below provided the applicants' Restrictive Covenant and Warranty Deed are approved by the
BOCC. Kevin & Barbara Mitchell submitted the Restrictive Covenant and Warranty Deed to donate one lot to
Monroe County. The applicants receiving one dwelling unit allocation award for the year ending July 13,2002, have
filed the documents 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:
None
BUDGETED: Yes
No N/A
COST TO COUNTY: None
REVENUE PRODUCING? Yes
AMOUNT PER MONTH N/ A
APPROVED BY: County Attorney
No
X
X
PER YEAR N/ A
OMB/Purchasing N/ A
Risk Management NI A
DIVISION DIRECTOR APPROVAL:
Tirn~-
DOCUMENT A TION: Included
x
To follow
Not required
DISPOSITION:
Agenda Item #:
r~ - C/tj
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ADD-ON
MEMORANDUM
TO::
FROM:
DATE:
RE:
Danny Kolhage, Clerk of the Court
Timothy J. McGarry, Growth Management Dir?1
January I 7, 2002
Clarification of Agenda Item
Permit
Number
Restrictive Covenant & Land Dedication
Name on
A2enda Item
Name on
Le2al Document
Legal
Description
01-1-2181
Kevin & Barbara
Mitchell
Kevin & Barbara
Mitchell
Lots 25 & 26, Block 23,
Cutthroat Harbor
Estates, Cudjoe Key
01-1-2181
Kevin & Barbara
Mitchell
Kevin & Barbara
Mitchell
Lot 52, Block 2,
Cutthroat Harbor
Estates, Cudjoe Key
LOT AGGREGATION RESTRICTIVE COVENANT
1. Whereas, Barbara & Kevin Mitchell. a married couole, the undersigned are
the sole owners of the following described real property located in Monroe
County, Florida described as follows:
Lot(s): 25 and 26 Block: ~
Subdivision: Cutthroat Harbor Estates
Key: Cudioe PB: 4 - 165
Real Estate #(s): 00181840-000000 & 00181850-000000;. 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 #2:'11- 2-l % I 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 frorn two
dwelling units to one dwelling unit in consideration of a building perrnit 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
Lot Aggregation Restrictive Covenant Page I of 2
RE: 00181840-000000 & 00181850-000000
· 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.
EXECUTED ON THIS q day of
~~
(Signature) Barbara Mitchell
(Signat
""boo.;!)cL\) L C~<-
(PrintlType Name)
~~
Ja:te// ~;fr
(PrintlType Name)
BY
Sworn before me this '(
day of I1ufusr
.2.fro I AD.
J;Cfof I~ i<~-"-1J
Notary Public (Print Name)
lR.il......~~ Jodell Roberts
N :*! MY COMMISSION I CC906777 EXPIRES
~. . I January 31, 2004
"'f.Rf..r..~" BONDED THRU TROY FAIN INSU~ANCE INe
Lot Aggregation Restrictive Covenant Page 2 of2
RE: 00181840-000000 & 00181850-000000
Preplll'8d by and return to:
Barbarll B. Mitchell
22832 John Silver ~
CudJoe Key, FL 33042
FolIo Number. R.E. 00178430
WARRANTY DEED
THIS INDENTURE made thl. --.:z......... d"y of ~8twe8n Kevin J. Mitchell and
Barbara B. Mitchell, husband and wife, County of Monroe, State 0 Iorlda. whOM peat olfi~ adclreaa Is 22832
John Silver Lana, CudJoe Kay, FL 33042. Grentors and The County 0 Monroe, Whose post office address is c/o
Board of County Comml8sionerll. 500 Whitehead Street, Key West, Aorlda 33040. 01 the County 01 MONROE, State
of F:Jorlda, Grantes.
WITNESSETH, that tha said Grantor for and 10 considersllon Of the sum of TEN AND NO/1oo'S ($10.00) OoDara
and other good and valuable conilderatlons to laid Grantor In hand paid by saId Grant... the rllC4tipt whereof Is
hereby aCknowledged, has ~, bargalnecl and sold to the GrantM and Grante"s he4rs and assigns forever the
following described land 1Iltuata, lying and being In MONROE county, State of Florida, to wit:
Lot 52, In Block 2, 0' ClI1throat Harbor Estat's, according to the Plat thereof, a. recorded in Plat Book 4, at
Pall1l165, of the PUblic Records ot Monroe County, Florida.
TOGETHER. with all the tenement$, heredItaments and appurtenances thereto belonging or In anywise
appertaining.
ro HAVE AND TO HOLD, the same in fee simple forever.
AND, the grantors hereby covenant with i81d grantees thaI tile grantors are lawfully seized 01 $ald land In flie
lOimp1e; that the grantors have good right and laWful authority to lIell and convey saId land, and hereby warrant the
title to laid land and will defend the same agllinst the lawful claims 01 all persons whomsoever; and that said land is
free of ~I encumbrances, except taxes accruing subsequent to date of tral'lsfer.
IN WITNESS WHEREOF, the said Grantors have signed anC! sealed these presents the day and year first above
written.
/fZ#L-
Kevin J. "'Ilchell
-
i~;;:;
-.r~1/ '1a1.rl'S'
Printed Si~Unt
Stalto' ~/M
Countyof h4:wrDC..
The foregoing instrument was acknowledged belore me this ~ clay o"::;;;'",~ L-eI'l. by Kevin J.
MItchell and Barbara B. Mitchell, husband and wife, who Islare ~rsor'DtJy kno n to me or Who has/have
produced a . IilI identification. - --_
(~aJ)
Qi"~'?\\ lodell Roll.rlI
i*, ,d MY COMMISSION I CC904m EXP/pr-
.... lonuary 31, 2004
.. IONOID,"1U1IOY''''''_~ IHC.
~,~~ ;7
01&ty Public Prin&e Name:
:\?PROVED AS TO FORM
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~Z4N E A:hUTTON
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