10/17/2012 DeedDANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: November 5, 2012
TO: Christine Hurley, Director
Grou-1h Management Division
ATTN.• Mayra Tezcmos
ECecuth Assistant 1 _
FROM: Isabel C. DeSantis, D. C.
At the October 17, 2012 Board of County Commissioner's meeting, the Board
approved the following:
Item H4 Fourth Amendment to the Ground Lease Agreement between Monroe County and
Islander Village, LLC extending the completion date of all units from June 14, 2013 to December
7, 2015 to be consistent with the extension of its Major Conditional Use Permit.
Item H8 Affordable Housing Deed Restriction recorded in the Monroe County Public
Records on July 27, 2005 at OR Book 2136 at Page 1651 and authorization for the mayor to
execute the Release of Deed Restriction for Affordable Housing.
Enclosed are originals of the above - mentioned for your handling. Should you
have any questions, please feel free to contact our office.
cc: County Attorney
Finance �
File
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17, 2012
Division: Growth Management
Bulk Item: Yes _X No
Department: Planning _& Environmental Resource
Staff Contact Person: Tiffany Stankiewicz ext 2513
AGENDA ITEM WORDING: Approval of the removal of an Affordable Housing Deed Restriction
recorded in the Monroe County Public Records on July 27, 2005 at OR Book 2136 at Page 1651 and
authorization for the mayor to execute the Release of Deed Restriction for Affordable Housing
ITEM BACKGROUND: On January 26, 2005, the Planning Commission approved an allocation award for
Aaron L. Arnold for building permit application #04100234 provided the applicant's Affordable Housing Deed
Restriction was approved by the Growth Management Division Director. The Affordable Housing Deed
Restriction was recorded in the Monroe County Public Records on July 27, 2005 prior to the permit being
issued on August 31, 2005. Subsequently, on March 30, 2007 the applicant withdrew and rescinded his
affordable housing allocation.
Aaron L. Arnold applied for a market rate allocation July 27, 2007, for building permit application 04100234.
On March 9, 2011 the Planning Commission approved a market rate allocation for ROGO/building permit
application 04100234. The permit was issued June 3, 2011 and subsequently placed on hold because of the
FEMA Injunction.
In order to sell the property with clear title, the current property owner uivD w4 wKl wants a Release of the
'Affordable Housing Restriction recorded in the Monroe County Official Records File # 1531209, Book #2136,
Page #1651 -1652 since the affordable housing allocation was withdrawn (rescinded).
PREVIOUS RELEVANT BOCC ACTION: On June 23, 1992, the BOCC adopted Ordinance No. 016 -
1992,(original ROGO ordinance) and on March 15, 2006 adopted Ordinance #1009 -2006 (Revised
Residential Rate of Growth — Tier Ordinance).
CONTRACT /AGREEMENT CHANGES: N /A.
STAFF RECOMMENDATION: Approval
TOTAL COST: X
COST TO COUNTY: N/A
BUDGETED: Yes NIA No
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A Year N/A
APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A
DOCUMENTATION: Included X Not Required
DISPOSITION• __ AGENDA ITEM #
Prepared by and return to:
Susan Grimsley
Office of the County Attorney
1111 12 Street
Suite 408 «�
Key West, FL 33040
C I 1
T N
V
RE# 00172061 - 001200 N
RELEASE OF DEED RESTRICTION
FOR AFFORDABLE HOUSING
Whereas, Aaron L. Arnold filed a deed restriction for affordable housing on July 27, 2005, in
OR Book 2136 at Page 1651 in favor of Monroe County, Florida to insure development of
affordable housing on the following property:
Lot 12, Vacation Harbor, according to the plat thereof recorded at Plat Book 6,
Page 47 of the public records of Monroe County, Florida
Whereas, the deed restriction was unnecessary;
Now, therefore, on this 17th day of October, 2012, Monroe County by and through its Board of
County Commissioners hereby releases the above legally described property from the deed
restriction recorded in OR Book 2136 at Page 1651 of the Official Records of Monroe County.
ATTEST:
D NY L. KOLHAGE, CLERK
(2 ,
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY
Mayor David Rice
MONROF COUNTY ATTORNEY
,AP ROVED AS TO FORM '
Date: v c