Item B03BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Feb. 17, 2000 Division: Growth Management
Bulk Item: Yes _ x No Department: Planning
AGENDA ITEM WORDING: Approval for the removal of an Affordable Housing Deed Restriction recorded in
the Monroe County Public Records on June 9, 1998. The applicants, Patricia A. Ward & Curtis Smart, recorded the
Deed Restriction prior to receiving an allocation award. The applicants would have received one dwelling unit
allocation award for the year ending July 13, 2000.
ITEM BACKGROUND: On September 9, 1999 the Planning Commission approved an allocation award for
Patricia A. Ward and Curtis Smart for building permit application #99-03-0705 provided the applicants' Affordable
Housing Deed Restriction was approved by the BOCC. The applicants have subsequently withdrawn the Affordable
Housing Application prior to receiving BOCC approval. However, the applicants have already recorded the
Affordable Housing Deed Restriction. The applicants want a Release of the Affordable Housing Restriction
recorded in the Monroe County Official Records File # 1067960, Book # 1519, Page #2165 - 2166 since they have
withdrawn their application for an Allocation Award.
PREVIOUS RELEVANT BOARD ACTION: On June 23, 1992, the BOCC adopted Ordinance No. 016-1992.
STAFF RECOMMENDATION: Approval.
TOTAL COST: None BUDGETED: Yes No N/A
COST TO COUNTY: None
REVENUE PRODUCING? Yes No X
AMOUNT PER MONTH N/A PER YEAR N/A
APPROVED BY: County Attorney X OMB/Purchasing N/A Risk Management N/A
DEPARTMENT DIRECTOR APPROVAL:
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included
DISPOSITION:
1 /
K. Marlene Conaway, Dirg&o-r of Planning
X To follow
Not required
Agenda Item #:
2•
M E M O R A N D U M
TO:: Danny Kolhage, Clerk of the Court
FROM: Timothy J. McGarry, Growth Management Director
DATE: February 17, 2000
RE: Clarification of Agenda Item
Removal of Affordable Housing Deed Restriction
Permit Name on Name on Legal
Number Agenda Item Restrictive Covenant Description
99-03-0705 Patricia A. Ward & Patricia A. Ward & Lot 15, Block 3, Cross
Curtis Smart Curtis Smart Key Waterway Estates
Section 1, Key Largo
MONROE COUNTY PLANNING DEPARTMENT
RELEASE OF THE AFFORDABLE HOUSING DEED RESTRICTION
STATE OF FLORIDA
COUNTY OF MONROE
Notice is hereby given that:
The Affordable Housing Deed Restriction filed by Patricia A. Ward and
Curtis W. Smart, on June 9, 1998, and recorded in the Monroe County
Official Records File #1067960, Book #1519, Page #2165 - 2166
encumbering the property described as follows:
Lot(s): 15 Block: 3
Subdivision: Cross Key Waterway Estates Section 1
Key: Largo PB: 6-51
Real Estate Number: 00468471-004500
is hereby CANCELED AND RELEASED in its entirety.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at the regular meeting of said Board held on the day
of .2000.
(SEAL)
Attest: Danny L. Kolhage, Clerk
BY:
Deputy Clerk
Board of County Commissioners
of Monroe County, Florida
BY:
Mayor
November 5, 1999
Tiffany,
I'm writing you concerning ROGO Application #99-3-705. I've changed
my mind about going Affordable Housing at this time, and would like you to
withdraw my application.
However as per our conversation the other day, I informed you that on my
previous application I had already recorded the deed restriction but due to
miscommunication never picked up the permit. I'll enclose a copy of it. I'll
need something to record over this to nullify it.
Sorry for all the trouble.
Aa,� t1+ a (3 . (,) a,-,�
Patricia A. Ward
912 Fruit Cove Rd.
Jacksonville, Fl. 321-"
904-287-5750
0
4
AFFORDABLE HOUSING DEED RESTRICTTON
;Residential Dwelling Unit(s))
M(:%NR-.)E t'uUN","i FILE # 1 0 e-, 7 1-
STA`PF. OF FLORIDA OFFIC'IA;_. RECORDS BK# -1 5 1. <
PG# 2
COUNTY OF MONROE R(7D Jun ,A,4 1 Q98 01 : 44PM
^3ANIJY L KOLHAGE, CLERK
TO: ALL WHOM IT MAY CONCERN
Notice is hereby giver.-/%' '
I. That, 2 ,��L{iY^ �T�`{����� the undersigned i<ar�
Ly, :.:::ate, iying anc being in
Monroe County, State of Flcrida, described as follows:
RE:
#00 4 6 "4 11-00" "Sec . Twp . Range
;,ot(s): 15 Block(s):
C-k»S t:cl wgTc2wA(
Subdivision:6�1QI-45� 1� Key: LAR40
Plat Book: 6 Page: 5 1
II. That under the provisicns set ford: in Chapter 9.5 cf the Morroe
County Land Development Regulations "Fair Share Impact Fees" shail
be paid by any person, including any governmental agency, prior to
receiving a building per -lit for any new land development activity.
i!I. That under the affordable nousing provisions set forth in Chanter
9.5 of said Land Development Regu_ations, the owner or owners of
the above -described real property have been exempted from payment
of their "Fair Share Impact Fee:" for a ;(check one)
single family;_multi-family, mobile home) dwelling
to be constructed on said real property.
1V. That the sale, transfer, inheritance, assignment or rental of any
"_fforaahl_ ucus4ra Unit shall on:v be to persons who qualify under
the County's current Affordable '?ousing eligibiiity requ_remer.ts
as established and amended from time to time. All of the
restrictions herein, shall. be binding upon any transferees,
lessees, heirs or assignees.
V. That the covenants shall be effective for twenty (20) years but
shall not cor�erce running until a certificate of occupancy has
been issued by the building official for the dwelling unit to
which the covenant or covenants apply.
VI. That the applicant(s) used the affordable housing program to gain
additional points in the permit allocation system pursuant to the
Dwelling Unit Allocation Text Amendment, Ordinance 016-1992.
a IR
This document was prepared by a Monroe County Employee of the Planning
Department assisting the applicant.
Owner or Owners
PRINT NAME:
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Print/Type Name:
Address: __3.?q(o r/_. 1AV /16 zGG6�Sou1d, L(C; F{, 3 2 I-S-9
NOTARY
STATE OF i�LoRIDR
COUNTY OF MONROE COUNTY
OFFICIAL RECORDS
BEFORE ME this day personally appeared /�ZaLg j ,D
S .r, who, being duly sworn, deposes and sa says
that �.q.� is/ r the record title hoider(s) of the above -described
real 11rob-ity ;itt:atec° in Monroe Cove
The individual s is ersonall known has have � ) � c y / produced
as ide ification.
Sworn to and subscribed before me this -Are
day of ,tom
A.D. 19�
NOTARY PUBLIC:
my CA- t to. aroma
"LCC7=16 Print:
t70�"�` State of F/ ds iKs
My Commission Expires : #4 / 1 A*Z