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Resolution 247-2008 RESOLUTION NO. ----3!!l- 2008 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE ACCEPTANCE OF KEY VACA PARCELS RE #00103560-000201 AND RE #00103560-000203 (PROPOSED SEA GRAPE II, LTD. APARTMENTS SITE) FROM THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY FOR AFFORDABLE HOUSING. WHERI:AS, Sections 125.01(I)j and 125.01055, Florida Statutes (FS), authorize the Board of County Commissioners of Monroe County, Florida (hereinafter "BOCC") to take measures necessary to increase the supply of affordable housing; and WHERE:AS, Section 125.35, FS, authorizes 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, under Section 125.379, FS, properties identified as appropriate for use as affordable housing on the County's inventory list may be offered for sale and the proceeds used for affordable housing, or may be sold with a restriction that requires the development of the property as permanent affordable housing, or may be donated to a nonprofit housing organization for the construction of permanent affordable housing, or, the County may otherwise make the property available for use for the production and preservation of permanent affordable housing; and, WHEREAS, the BOCC desires to control and oversee the development of certain affordable housing sites acquired by the Monroe County Comprehensive Plan Land Authority; now therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: I. The BOCC hereby agrees to accept title from the Monroe County Comprehensive Plan Land Authority for the affordable housing site identified as RE# 00103560-000201 which is labeled Top Phase II on attached Exhibit A, and RE# 00103560-000203 which is labeled as Bottom Phase II on Exhibit A. 2. The BOCC hereby acknowledges that use of the property will be restricted to affordable housing as defined in the Florida Statutes and the deed(s) to the BOCC will contain the specific deed restrictions as required by the Monroe County Comprehensive Plan Land Authority attached as Exhibit B. PASSED AND ADOPTED by the Board of County Commissioners of Monroe C'3Inty, Flo~, at a meeting of said Board held on the20thday of August ,2008. ~ j; g ;~ :;v :J:: U) '~n op::.t: ,.." M-._...< -0 Mayor Mario DiGennaro Mayor Pro Tern Charles McCoy Commissioner Sylvia Murphy Commissioner George Neugent Commissioner Dixie Spehar c.c-:-,. \0 Attellt: DANNY L. KOLHAGE, Clerk By:G.",,~ Dep6ty Clerk _l~ .." :<~.~:!-. ::&: ~ l~=: ~ r:) l..... Pl W -;:J BOARD OF COUNTY COMMISsiONERS ~Ar~RlDA Mayor Mario DiGennaro Yes Yes Yes Yes Yes ...... _.~.., By MONROE COUNTY ATTORNEY APPRO 0 AS ;:0 FORM: SU N M. GRIMSLEY ASSISTANT COUNTY ATTORNEY Dale ~U.-4.Jf ~I ~p. EXHIBIT A TO RESOLUTION 247 - 2008 LEGAL DESCRIPTION Parcel I. (Top Phase II on Survey dated 9/7/07 by Frederick H. Hildebrandt) A parcel of land in Section I I, Township 66 South, Range 32 East, Key Vaca, Monroe County, Florida, more particularly described as follows: Begin at the intersection of the East line of said Section I I and the Southeasterly right of way line of U.S. Highway I; thence South along the said East line of Section II for 285.00 feet; thence West for 231.55 feet; thence North for 190.74 feet to the Southeasterly Right-of-Way line of U.S. Highway No. I; thence N 6]051 '00" E along the said Southeasterly Right-of-Way line of U.S. Highway No. I for 250.00 feet back to the Point of Beginning. Containing 55,079 s.f. or 1.26 acres, more or less. and: A strip ofland in Section II, Township 66 South, Range 32 East, Key Vaca, Monroe County, Florida, more particularly described as follows: Commencing at the intersection of the East line of said Section II and the Southeasterly Right-of-Way line of U.S. Highway No. I; thence South 67051'00" West, along the Southeasterly Right-of-Way line, for 250.00 feet to the Point of Beginning; thence South, parallel to said East line of Section II for 344.62 feet; thence West for 20.00 feet; thence North for 336.48 feet to said Southeasterly Right-of- Way line; thence North 67051'00" East along said Southeasterly Right-of-Way line for 21.59 feet to the Point of Beginning. Containing 6,811.30 s.f. or 0.156 acres, more or less. Parcel II (Bottom Phase II on survey dated 9/7/07 by Frederick H. Hildebrandt) A parcel of land in Section II, Township 66 South, Range 32 East, Key Vaca, Monroe County, Florida, more particularly described as follows: Commence at the intersection ofthe East line of said Section II and the Southeasterly right of way line of U.S. Highway I; thence South along the said East line of Section 11 for 859.00 feet to the Point of Beginning; thence: continue South along the said East line of Section II for 70.23 feet; thence West for 231.55 feet; thence North for 94.84 feet; thence East for 140.00 feet; thence South for 24.61 feet; thence East for 91.55 feet back to the Point of Beginning. Containing 19,707 s.f. or 0.45 acres, more or less. -'".--. .._-~_._-~- ._.-.,---- EXHIBIT B TO RESOLUTION 247 - 2008 AFFORDABILlTY COVENANTS I. Tenn. These affordability covenants are perpetual, run with the land, and are binding on all present and subsequent owners and mortgagees. 2. Property Use. Use of the property shall be restricted to the provision of affordable housing as defined in section 380.0666(3), Florida Statutes, as said statute may be amended from time to time. 3. Monitoring. Grantee is responsible for ensuring compliance with the affordability covenants contained herein and expressly agrees to furnish, upon Grantor's request, written certification thereof.