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Resolution 386-2005 RESOLUTION NO. 386-2005 A RESOLUTION OF THE BOARD OF COUNTY ~OMMISSIONERS OF MONROE COUNTY, FLORIDA, I::) := UJ 4t\UTHORIZING THE ACCEPTANCE OF CERTAIN REAL g:; .::. ~ .q>ROPERTY IN MANDALAY SUBDIVISION ON KEY LARGO (...) ;: x-It;;rROM THE MONROE COUNTY HOUSING AUTHORITY FOR \.J.l C a:: ~ci~FFORDABLE HOUSING. ex:: I;) .00 o -' -0 LL. - >-:0::1.0.1 ew.~. ~ions 125.01(1)j and 125.01055, Florida Statutes (FS) empower the Board of :::!Co; Ql9n6sioners of Monroe County, Florida (hereinafter "BOCC") to take measures LL.ne~ary"o ~rease the supply of affordable housing; and WHEREAS, section 125.35, FS empowers the BOCC to sell or lease real property to the highest and best bidder for the particular use the BOCC deems to be the highest and best or to adopt by ordinance alternative standards and procedures to sell or lease real property; and WHEREAS, section 125.38, FS empowers the BOCC to sell or lease real property to government or not for profit organizations at a price of the BOCC's choosing; and WHEREAS, based on the above enabling legislation, the BOCC desires to control and oversee the development of a certain affordable housing site acquired by the Monroe County Comprehensive Plan Land Authority and subsequently conveyed to the Monroe County Housing Authority; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The BOCC hereby agrees to accept title from the Monroe County Housing Authority for the property in Mandalay subdivision more particularly described in Attachment A. 2. The BOCC hereby acknowledges that use of the subject property will be restricted to affordable housing as defined in the Florida Statutes and the deed into the BOCC will contain the specific deed restrictions shown in Attachment A. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the 19th day of Oc tober 2005. ~.:-.,;.<~ ~ Mayor Spehar Mayor Pro Tem McCoy Commissioner Neugent Commissioner Rice Commissioner Nelson Vo.C! MONROE COUNTY ATTORNEY PPROVEO AS TO FOAM: ~Q~-~ NATILEENE W. CASSEL ASSISTANT ~UNTY ATTORNEY Oate /~/ /i' "I: , VAc:l YPA ~ Yes By: iL.xJd. Q. illv~J Deputy Clerk ' BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By~!i~ >n ~."U Mayorl hairman Dixie . Spehar ATTACHMENT A This Instrument Prepared By, Record and Return to: MEYER & ERSKINE 31211 Avenue A Big Pine Key, FL 33043 MONRO~ COUNTY OFFICIAL R8CORDS FILg 11261339 8KI1731 PGI250 RCD Oct II 2001 12,14PM DANNY L KOLHAGg, CLERK Parcel Identification Number: 00554720,00554720-000100 WARRANTY DEED SPACE ABOVE. THIS UNE FOR RECORDfNO DATA THIS INDENTURE, made this.:ls"day of &.I'i- ,1001 , between. MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority under Section 380,0663(1), Florida Statutes and Monroe County Ordinance No. 031.1986 GRANTOR.. whose address is 1200 Truman Avenue, Suite 207. Key West, FL 33040 and THE MONROE COUNTY HOUSING AUTHORITY whose address is, 1403 12th Street. Key West, FL 33040,GRANTEP; (Wherever used herein the terms "Grantor" and "Grantee" shall include all the parties to this instrument and heirs, Icgal representatives, and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH, That aaid Grantor, for and in consideIlltion of the sum of TEN AND 00/100 ($10,00) DOLLARS and other good and valuable consideration, to said Grantor in hand paid by said Grantee, the receipt whereofis bereby acknowled,ed, hereby grants, b8.IJain9, sells, aliens, remises, releases, conveys and cantinns unto the Grantee and Grantee's heIrs, successors and assigns forever the following described land located in the County of MONROE, State of Florida, to-wit: SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" SUBJECT TO: Restrictions as contlbaed In Monroe County CompreheDslve Plan Lind Authority Resolution No. 06.1001, attached hereto and made a part bereof I' E:rblblt "8". SUBJECT TO all restrictions, reservations and easements of ~cord, if any; zoning restrictions and prohibitions imposed by governmental authority, and taxes for the year 2000 not yet due and payable. TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To HAVE AND TO HOLD, the same in fee simple forever. AND THE SAID GRANTOR does hereby en.enant with the said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has Soud riabt and lawful suthority to sell and convey said land, and hereby fully warrants the title to said land and will defend die same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal this day and year frrstabove written. Signed, sealed and delivered in the presence of: Witness Signature (h '^' ~ '- P'!:j~ / , ~~~LH Wi~l; L. '1~..(34i'~T'" Printed Sisnature MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY BV: ~~~ NORA ILLIAMS, CHAIRMAN STATE OF FLORIDA COUNTY OF MONROE The foreso~ instrument was soknowledSed before me this 25 day ofSOfI!. ,2001, by NORA WILLIAMS who ~ are personally known to me or ( ) produced - as Identification. ~a1Ji[~~~};1WVl ~ otary i)lnlture NOTARY SEAL, COMMISSION EXPIRATION 'i) T_ L_ . . Mr~DCKDn1l ~ ~ -.......- ....... """ EXHIBIT "A" FILl 11261339 BKI1731 PGI251 A part ofth. Northeasterly 125 feet of Block 3, Mandalay, accordiu& to the Pial thereof. aa recorded in Plat Book I, at Paae 194 of the PubUc Reeords of Monro. County, Florida, being mar. PartiCularly deacribed .. follow!: BeBinnina al the Northwealerly comer ofth. North.ul.rly 125 feel of Block 3, aforem.ntioned Plat of Mandalay, run Northeaaterly alonl the Northw.sterly Une of said Block 3 for a distance of 99.99 feet to a point of curvatur.; thence in a South_terly direction alonl the arc, of a curve concave to the South, having a radius of25.00 feet and a delta ansle of9O desrees 01 minules 03 seconds for a distance 009.28 feet; thence run in a South.UIerIy direction a10nl the Northeaaterly line of said Block 3 for a distance of 125.15 fea~ 1b000c. run with a deflectioo ansle to the riShI of90 desreea 00 minutes 00 seconda from lb. Iasl deacribed course for a distance of 44.50 feel; thence run with a deflection IUIlle to lb. riShI of9O d.,...., 00 minutes 00 seconds &om the Jut described cours. for a distanc. of 4 7.97 f..I; thence run with a deflection ansl. 10 the I.ft of 90 de,...., 00 minutes 00 seconds &om lb. lasl described COUlle for a distanc. of 62.50 feet; thonc. run with a d.flection IUIlle to Ibe left of 90 delleea 00 minut.s 00 s.conda &om th.lasl describ.d cours. for a distance of75.97 feet; th.nc. run with a d.flection ansl.lo the l.ft of90 desz- 00 minutes 00 seconda Iiom Ibe Iasl described COUlle for a distanc. of 107.00 feet to the North....terly Un. of said Block 3; lhence run wilb a d.flection anst. to the riSht of 90 de"...s 00 minutes 00 seconds IUId Southeaaterly lions lb. North.aslerly lin. of said Block 3 for a distanc. of 46.88 feel 10 a poinl of curvature; thence in a southweaterly direction lions the arc ofa curv. concav. to the Wes~ having. radius of25.oo feet and. d.lta ansle of 89 d.,...., 59 minules 30 'OCOnda fora distance of39.27 feet; Ibence run in a Soulbwesterly direction lions the SOUtheaaterly lin. of said Block 3 for a diStanc. of 100.00 feet; Ibenc. run with a den.ction to the riShI of9O d.,...s 00 minutes 30 seconds &om the laat describ.d cours. for. distance of250.02 fe.t back 10 lb. Poinl ofB.sinning, containing 24,990.66 square f~ more or I.... Altl AtS:l: A part of the Northeuterly 125 feet of Block 3, Mandalay, accordins to the platlbereofaa record.d in Plat Book I, at Pas. 194 of the PubUc Reeorda of Monro. County, Florida, boinl more Particulariy deacribed aa follows: COIIUDeacing at the Northwesterly comer of lb. Northeaaterly 125 feet ofBloek 3, aforementioned Plat ofMandaJay, run Northeaalerly aJons the Northwesterly lin. of said Block 3 for a distance of99.99 feet to a poinl of curvature; Ibence in a Southwesterly direction a10ns the arc of. curv. concav.lo the South, havins. radius of25.oo feellUld a delta ansl. of90 desreea 01 minUtes 03 aeeonda for a distance 009.28 f~ thence run in a Soulbeaaterly direction lions the Nortbeaaterly Un. of said Block 3 for a diatanee of 12$.1 $ feet to lb. poinl of bosinnin, of lb. parcel hereinafter deacrib.d, th.nc. run a defl.ction ansle to lb. riSht of90 deare.s 00 minulea 00 seconda &om lb. lasl described cours. for s distance of 44.$0 fee~ 1b000c. run with a deflection IUIst. to the riShI of9O desreea 00 minutes 00 seconda from the Iasl described course fora diStanc. of47.97 feet,lbonc.run with a deflection anst. to the left of9O d.lle.s 00 minul.. 00 seconda &om the IUI d.scribed cours. for a distance 005.97 f.e~ Ib.nce run wilb a deflection anste to the left nf90 desreea 00 minules 00 seconda Iiom the Iasl described COWIe for · distance of 107.00 feet to Ibe Northeasterly line of said Bloek 3, Ibence run wilb a d.fl.ction ensle to the left nf 90 de......s 00 minules 00 seconda and Northweslerly alons Ibe North....terly lin. of said BloeIi: 3 for a distance of 28.00 f..1 back 10 the poinl of besinnin" containing $994.29 square fee~ more or less. ,....., Exhibit B 1'"'\ , . RESOLUTION NO. 06-2001 FrLg ~1 2 613 39 BK'1731 PG'252 A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY AUTHORiZING THE PURCHASE AND CONVEYANCE OF PROPERTY IN MANDALAY SUBDIVISION FOR THE PURPOSE OF PROVIDING AFFORDABLE HOUSING IN PARTNERSHIP WITH THE MONROE COUNTY HOUSING AUTHORITY. WHEREAS. section 380.0666(3), Florida Statutes (FS) and section 9.3-2. Monroe County Code, empower the Monroe County Comprehensive Plan Land Authority (hereinafter "land Authority") to acquire an interest in real property for the purpose of providing affordable housing to very low, low, and moderate income persons as defined in section 420.0004. FS. where said acquisitions are consistent with a comprehensive plan adopted pursuant to Chapter 380, FS; and WHEREAS, on June 15, 2000. the Land Authority Governing Board adopted Resolution 04- 2000 pertaining to Monroe County Housing Authority Plan 2000. which includes the strategy of <scattered site single-family and duplex rental housing as a means of providing long-term affordable housing In a manner consistent with the community character of the Keys; and WHEREAS, as a means of implementing the scattered site rental strategy. Resolution 04-2000 calls for the Land Authority to purchase vacant subdivision lots and convey same to the Monroe County Housing Authority, subject to deed restrictions addressing affordability requirements; and WHEREAS, the Land Authority Advisory Committee considered the subject purchase at a meeting held on June 28, 2001 and recommends approval by a 4/0 vote; and WHEREAS, the land Authority Advisory Committee considered the subject conveyance to the Monroe County Housing Authority and associated deed restriction at a meeting held on July 26, 2001 and recommends approval by a 3/0 vote; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY: Section 1. The Chairman of the Land Authority Governing Board Is hereby authorized to sign the Land Authority's standard purchase contract for the purchase of Part of Block 3, Mandalay subdivision (PB 1-194) on Key Largo, having the parcel identification numbers of 554720- 000000 and 554720-000100 (hereinafter "subject property") at a purchase price of $325,000.00. Section 2. At closing, the Chairman of the Land Authority Governing Board is hereby authorized to sign a deed conveying the subject property to the Monroe County Housing Authority. Said deed shall restrict Mure use of the property to the guidelines specified in Section 3 below. Section 3. Future use of the subject property is limited to residential development for occupancy by very low, low, or moderate income persons as defined in section 420.0004, Florida Statutes, and as further restricted by Monroe County regulations and the Monroe County Housing Authority rental afford ability policy, said policy being identified as deed restrictions in Attachment A. Notwithstanding the 50-year affordability period in the Housing Authority affordabllity policy, these deed restrictions shall not expire and may only be released by the Land Authority. Page 1 of 2 - ------...------- .'. -.- """--',~. ~",;''-i'. ~. ',_ I"" ......., FILg '1261339 BKl1731 PG,253 . . --.---- ._-~ PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this 19th day of' . July 2001. MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY . 'j{...~ Nora Williams Chairman ~:proved for Legal ~CienCY -Larry R Erskine Page 2 of 2 - - "',r.,,'~,':{,~i"""_~, '" -- """' . , ~TT~Ct-lMENT A DEED RESTRICTIONS ~I~R '1261 339 BKl1731 PG'254 The property shall be developed with affordable housing for very low, low, or moderate income persons as defined in section 420.0004, Florida Statutes, consistent with the following policies of the Monroe County Housing Authority: 1. Income targeting shall be at 80% of median adjusted for family size. Income targeting may increase to 120% to maintain occupancy levels and financial feasibility but not to exceed 40% of project units. 2. Rental rates shall not exceed the Housing Credit (HC) program as adjusted annually for residents at 80% of the median and State Housing Initiatives Partnership (SHIP) program rental rates for residents at 12()oA, of the median. 3. The compliance requirements shall be the same as the HC program as contained in the Florida Housing Finance Corporation (FHFC) Compliance Manual and shall be the . . responsibility of the developer to insure compliance annually. 4. The income targeting (rents) program requirements for the HC, MRS, SAIL, and HOME programs when competitively obtained reqUiring lower rents shall take precedence. 5. The US Department of Housing and Urban Development occupancy requirements (family composition) shall be adhered to, as they pertain to occupancy. The above restrictions shall not expire and may only be released by the Monroe County Comprehensive Plan Land Authority. MONIlO! COUNTY OPPICIAL RECORDS -- ~ ... ..i~2.....:.;..,.;.:;;;'> ~"'i~,.:::..t, - '-~ ...,........~-"".__.