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Item S01a MEMORANDUM To: Board Cc: Tom Willi, County Atlministrator Through: Richard County Re: of Lots on From: Susan. COlilty Attorney Date: May 12, 2005 (Please be advised that language from recorded instruments is errors>) as reeorded, with some QUESTION: The County is possibility Cudjoe o'''lled the 0 They are described as 2 and 3 of Block Gardens Eighth Addition, Cudjoe Monroe County Florida, to the plat recorded Plat Book 16, of Public Records: of Monroe Countv" Florida. '\'as on April 2005, BOCC agenda <L.'ld was tabled instructions to staff research the Hem; on the property at possible workforce housing," ANSWER There are restrictions in the deeds apparently were: questioned the Board, None of restrictions affect sale of the property the County. One restriction on one might have affected use proceeds, but the restriction is moot as condition fulfilled. Statutory procedures must be followed for any sale, properrj may be as as oongttuction, if not sold, single family housing be built as mordable lillIs, possibly for those serving at substatioo. The cam10t used for an expansion of the offices or vehicle of the substation> Association to the and No investigation was Declaration of Homoovmers' concerning any affecting the subdivision, or and or affecting this DISCUSSION: A9 are documents may of the as L or '} fu. excepting one lot on Gardens Eighth <'Occupa:n~: lots shall the corner of U. S, and Addition shaH M. 1 is the limited to single :fimrily namely lot 1, mo<ck limited business subject to use of 2 3 to single family the restrictions have been cruuiged. by of a majority of the nature of the area, it is I have not able to in the Declaration of as in Lite has been 'This ascertain Restrictions are Declaration itself changed. 3. Deed ()f January 10, 1984 Lot 1 Block 23 - (This is the substation lot,) This property was gift Vincent and Drost to County use as a substation, and or, administrative offic~s the Monroe County Sheriffs~ Ikpmment. If not in sucb use 10 YOllYS from thig dllte, tbe property shan revert to former owners. No prisoners be housed on said hma. * This property was pnt use the Sherift'" s Department within the required time period, sometime in the 1980's, There is no longer problem with reverter dause, as the property is in use as a 4. Deed of March 1992 Lot 2 Block 23 -This lot was conveyed by gift from the Drost., to Monroe County. It the following language: "Any use of this lot subjed to Setlers! approvat No house shan be built on this Block 23 as M we, the givers of said lot 2, block 23~ a.re living on lot 12, block 5 of Cudjoe Gardens.o/l The only available use is for a single fanuly residence the Declaration. It appears tbat the purpose of the restriction was to protect the and privacy from the Grantors' house, as Fourth Addition is directly the Eighth Addition across Drost The estate of Vincent Drost conveyed Lot block 5, Cndjoo Plat Book 4 page 78 to Alice Poll. The plat referenced is the piat of the Fourth Addition, Examination of the plat of Lot 12, Block 5 that this lot is across Lot 2, Block 23 of the Eighth Addition. According to one trustees disposition of this Vias the family home Vincem Wilver Drost are deceased. is conspicuously no able to control the the Drosts meant to was not to s. as a gift by lot is sold or on Lot 1f on lot 1 as to a on carried ouL There is a building facilities Question'? Does the money from the is the restriction to go to Sheriff, or or The position of mootness is defensible because "quarters" on Lot 1 have been built. The Grantor's desire has been carried to have a Sheriff's sub-station and ambuia.l1ce crew available tbe neigbborhood and surrounding community. Any funds obtained from a sale win reimburse the County for facility built. The grantors' intent Ot.-en met prior to any A more conservative position might be tJ,11it any sale proceeds would have to be used to fund, maintain or refurbish the existing aml:mlance crew quarters. However, iftbere is already funding, the money might be better used another public purpose. Do Other concerns - The agenda hoosing" as to selling them. mentioned using the "workforce 1. The area is zoned single family homes, The Planning Department would have to be consulted as to what is a permitted use. However, a brief discussion about this staff indicates that housing might be built for the crevv that qualify as mmily. Vllhether the neighbors agree that the Declaration language of <"single family residence" and the current definition of faInily" for zoning, allowing unrelated adults living in a single family house, the same meaning remains to 00 seen. 2. If building is contemplated, there are setbacks and other construction regulations in the Declaration of Restrictions mentioned aoove which may supersede the land development regulations and preclude marmfuctured housing. If a of followed. property is contempla~ the statutory procedures must CONCLUSION: The lots in question may be sold, The proceeds reimburse the Coonty for the crew quarters, in excess of the cost County may use the funds as it deems appropriate. As a prnd:icai matter, one would r..ave to whethcr one would object to the use of funds, whether crew quarters are sub-standard and need upgrading to intent of the restrictiml, or whether there are budget issues that would come County and regulations is not an an In be current Dormitory