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Item F2County of Monroe A BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The Florida. Key y w ) �i� Mayor Pro Tem David Rice, District 4 �r Danny L. Kolhage, District 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting March 15, 2017 Agenda Item Number: F2 Agenda Item Summary #2746 BULK ITEM: No DEPARTMENT: Land Authority Governing Board TIME APPROXIMATE: STAFF CONTACT: Charles Pattison (305) 295 -5180 9:15 AM Land Authority AGENDA ITEM WORDING: Approval of a resolution concerning funding, enhanced affordable housing restrictions, and loan subordination for Eisenhower Apartments located at 716 Eisenhower Drive in Key West. ITEM BACKGROUND: This item is proposed by Habitat for Humanity (Habitat) in order to facilitate use of Eisenhower Apartments as collateral toward the financing of the construction of 10 new affordable homeownership units on Big Coppitt Key. Eisenhower Apartments consists of 12 affordable rental units owned by the Key West Housing Authority and leased to Habitat. Purchase of the site in 2011 was financed by a $425,000 first mortgage loan from First State Bank, a $225,000 second mortgage loan from the Land Authority, and a $550,000 third soft mortgage loan from the Land Authority. The proposed resolution authorizes the Land Authority pay up to $400,000 to retire the property's first mortgage as nominated by Key West City Commission Resolution No. 16 -347. As consideration for this payment, the income level in property's deed restriction will be enhanced from 160% of area median income (AMI) to 120% AMI and the income level in the property's lease to Habitat will be further enhanced from 120% AMI to 80% AML The resolution also authorizes, if necessary, subordinating the Land Authority's existing two mortgages to a line of credit in an amount not to exceed $1,200,000. Habitat anticipates this line of credit will be necessary to build the 10 new units on Big Coppitt Key. ADVISORY COMMITTEE ACTION: On February 22, 2017 the Committee voted 4/0 to approve the resolution. PREVIOUS RELEVANT BOCC ACTION: On September 21, 2011 the Board approved issuing a second mortgage in the amount of $225,000 and a third soft mortgage in the amount of $550,000 to subsidize the Housing Authority's purchase of this property. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Resolution FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Charles Pattison Completed 02/28/2017 4:01 PM Kathy Peters Completed 02/28/2017 6:19 PM Board of County Commissioners Pending 03/15/2017 9:00 AM RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY CONCERNING FUNDING, ENHANCED AFFORDABLE HOUSING RESTRICTIONS, AND LOAN SUBORDINATION FOR EISENHOWER APARTMENTS LOCATED AT 716 EISENHOWER DRIVE IN KEY WEST. WHEREAS, section 380.0666(3), Florida Statues and section 2 -396, Monroe County Code empower the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority ") to acquire and dispose of interests in real property in order to provide affordable housing; and WHEREAS, on November 1, 2011 the Land Authority acquired a Restrictive Deed Covenant as part of the acquisition of Eisenhower Apartments located at 716 Eisenhower Drive, Key West, Florida by the Housing Authority of the City of Key West as an affordable housing site (hereinafter "subject property "); and WHEREAS, said restrictive deed covenant restricts the use of the property to the provision of affordable rental housing to families whose income does not exceed 160% of area median income (hereinafter "AMI "); and WHEREAS, the Key West City Commission has adopted Resolution No. 16 -347 requesting the Monroe County Land Authority to retire the $400,000 first mortgage debt for the subject property; and WHEREAS, the Land Authority Advisory Committee considered this resolution at a meeting held on February 22, 2017 and voted 4/0 to recommend approval; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY: Section 1 . The Land Authority agrees to fund up to $400,000 to retire the acquisition debt and first lien held by First State Bank of the Florida Keys subject to the following conditions: a) The Housing Authority of the City of Key West executes the Modification of Deed Restrictions shown in Attachment A enhancing affordable housing deed restrictions in favor of the Monroe County Land Authority on the subject property from the current 160% AMI level to a limit of 120% AMI; and b) The affordable restrictions contained in the subject property's Lease Agreement between lessor Housing Authority of the City of Key West, Florida and lessee Habitat for Humanity of Key West and the Lower Florida Keys, Inc. are modified from the existing moderate income level (120% AMI) to low income level (80% AMI). Section 2 . The Chairman of the Land Authority Governing Board is hereby authorized to execute the Modification of Deed Restrictions shown in Attachment A and, if necessary, documents to subordinate the Land Authority's existing two mortgages to a line of credit of an amount not to exceed $1,200,000. Page 1 of 2 PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this day of 1 2017. (Seal) ATTEST: Charles G. Pattison Executive Director Approved as to form and legality: Adele V. Stones, Esquire MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY David P. Rice Chairman Page 2 of 2 ATTACHMENT A This Instrument Prepared By: Adele V. Stones, Esq. Stones & Cardenas 221 Simonton Street Key West, FL 33040 MODIFICATION OF DEED RESTRICTIONS This Modification of Deed Restrictions is made and entered into on this day of , 2017, by and between Monroe County Comprehensive Plan Land Authority, a land authority under section 380.0663(1), Florida Statutes, and Monroe County Ordinance No. 031 -1986, whose post office address is 1200 Truman Avenue, Suite 207, Key West, FL 33040, and The Housing Authority of the City of Key West, Florida, public body, corporate & politic, created and organized pursuant and in accordance with the provisions of the Housing Authorities Law, codified as Chapter 421, Florida Statutes, as amended, whose post office address is 1400 Kennedy Drive, Key West, Florida 33040. RECITALS A. WHEREAS, Monroe County Comprehensive Plan Land Authority is the third party beneficiary named in a Personal Representative's Deed granting ownership in the lands described therein to The Housing Authority of the City of Key West, Florida, dated November 1, 2011, and recorded November 1, 2011, in Official Records Book 2541, Page 869, of the Public Records of Monroe County, Florida (hereinafter "Warranty Deed "). B. WHEREAS, Monroe County Comprehensive Plan Land Authority desires to receive a further limitation on the income eligibility for occupants of the subject property owned by The Housing Authority of the City of Key West, Florida from the current income limit of 160% of median income to an income limit of 120 %. C. WHEREAS, the modification as proposed is acceptable to The Housing Authority of the City of Key West, Florida and will not violate conditions of the original Affordable Restrictions as there will exist no obligation to First State Bank, its successor or assigns on the date the Modification of Deed Restriction is filed in the Public Records. D. WHEREAS, Monroe County Comprehensive Plan Land Authority Resolution authorizes said modification. Page 1 of 3 NOW THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) from Monroe County Comprehensive Plan Land Authority receipt whereof is hereby acknowledged, The Housing Authority of the City of Key West, Florida, does modify its deed restrictions by substituting the restrictions contained in Exhibit A herein in place of those restrictions on page 2 of the Warranty Deed referred to hereinabove. IN WITNESS WHEREOF, the undersigned has executed this instrument as of the day and year first above written. Signed, sealed and delivered in the presence of Print Print Signed, sealed and delivered in the presence of: Print: Print: Frank Toppino, Chairman Monroe County Comprehensive Plan Land Authority David P. Rice, Chairman The Housing Authority of the City of Key West, Florida go Page 2 of 3 STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of 2017, by David P. Rice, Chairman of the Monroe County Comprehensive Plan Land Authority, who ( ) is personally known to me or who ( ) has produced (type of identification) as identification. My commission expires: Notary Public (Type or Print Notary Name Here) Notary Commission Number STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of 2017, by Frank Toppino, Chairman of The Housing Authority of the City of Key West, Florida, who ( ) is personally known to me or who ( ) has produced (type of identification) as identification. My commission expires: Notary Public (Type or Print Notary Name Here) Notary Commission Number Page 3 of 3 EXHIBIT A Subject to the following Affordable Restrictions imposed by and which run in favor of the Monroe County Comprehensive Plan Land Authority, a land authority under Section 380.0663(1), Florida Statutes and Monroe County Ordinance No. 031 -1986. 1. TERM — 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 rental housing as defined in Section 380.0666(3), Florida Statutes, as said statute may be amended from time to time; provided however, the eligibility for affordable housing provided in said Statute shall be reduced to 120% of the median income for the area. The affordable restrictions contained in the subject property's Lease Agreement between lessor Housing Authority of the City of Key West and lessee Habitat for Humanity of Key West and the Lower Florida Keys, Inc. are modified from the existing moderate income level (120% AM I) to low income level (80% AM I). 3. MONITORING — The Housing Authority of the City of Key West, Florida is responsible for ensuring compliance with the affordability covenants contained herein and expressly agrees to furnish, upon Monroe County Comprehensive Land Authority's request, written certification thereof. 4. AMENDMENT — The Affordable Restrictions contained herein may only be amended, modified or terminated by the express written consent of the Housing Authority of the City of Key West, Florida and Monroe County Comprehensive Plan Land Authority. f: This Document Prepared By and Return to: Feldman Koenig Highsmith & Van Loon, P.A. Timothy J. Koenig, Esquire 3158 Northside Drive Kep West, FL 33040 305- 296 -8851 Ooc# 1857646 111MI2911 4:099 F MONROE COUNTYedDANVYiL +cKOLHAGE rd= 11/08/2011 4:65PM plEEO ooc STAMP CL: OS $8,400.00 Pared w Number: 00023300-000000 Personal Representative's Deed This Indenture, is trade this lot day of November , 2011 , by and between Robert T. Feldman as Personal Representative of the Estate of Robert William Townshend as Personal Representative of the Estate of , deceased, Grantor, and The Housing Authority of the City of Key West, Florida, a public body,corporate & politic, created and organized pursuant and in accordance with the provisions of the Housing Authorities Law, codified as Chapter 421, Florida Statutes as amended whosepostomceaddrmis 1400 Kennedy Drive, Key West, FL 33040 ofthecomryof Monroe , State of Florida , Grantee Witnesseth: Grantor pxs=ttootderAuthoriangSaledawd July 06th, 2010 . and in consideration of the sum of One Dollar (51.00) paid to Grantor by Grantee, receipt of which is acknowledged, grants, bargains and sd h to Grantee, and Grantees heirs, successors and assigns forever, the real property in Monroe County, Florida . described as: SEE EXHIBIT aAn attached hereto and made a part hereof. Doc# 1857646 SO 2541 Pg# 869 Subject to Restrictions, Covenants and Basements of Record. The property herein conveyed does not constitute the Homestead property of the Grantor, as defined under the Florida Constitution. (Continued on Attached) Together with an and singular the tenements, hereditaments, and appurtenances be)onging min anywise appertaining to the teat property. To Have And To Hold thesame to Grantee, and Grantee's heirs, successots and assigns, in fee simple forever. And Cantor does covenant to and with the Grmtee, and Grantees heirs, successors and assigns, that in all things preliminary to and in and about this conveyance, Order Au&OfL-ng Sale dated July 06th 2010 and the Taws of the State of Florida have been followed and complied with in all respects. In Witness Whereof, the undersigned, as personal representative of the estate of said decedent, has executed this instnrtnett under seal an the date aforesaid. Signed, sealed and delivered in our presence: Robert T. Feldman as Personal Representative of the Estate ofRo t W' iam Townshend B (Sea]) y Prints Q er T. Feldman Witness Personal Representative P.O. Address. 3159 Northside Drivq Key West, FL 33040 Pr tad Name: W mess STATE OF Florida COUNTY OF Monroe 7bc foregoing instrument was acknowledged before me this lot day of November , 2011 by Robert T. Feldman, Personal Representative as personal mpreseamtive of the estate of , deceased. be ispersoneklylnowntomeorbehas a lorida driver's lie se asidentifr ion r EXp1RE9. -0dd x10,2014 Pri ed Name: 6auearbaaaratl ttiateuaserM+ ;. s 119fary Public 210 0 1- 2 11DNTY L- 0m— .dyooavteysnwns.rm. mwga, s axperxus Personal Representative's Deed -Page z vareel IDNnmber. 00023300- 000000 Doc# 1857646 Bk# 2541 Pg# 879 Subject to the following Affordable Restrictions imposed by and which run in favor of the Monroe County Comprehensive Plan Land Authority, a land authority under Section 380.0663(1), Florida Statutes and Monroe County Ordinance No. 031 -1986. 1. TERM - 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 rental housing as defined in Section 380.0666(3), Florida Statutes, as said statute may be amended from time to time; provided however, so long as the obligation to First State Bank, its successors and assigns and the leasehold mortgage, as may be modified, extended or assigned, securing said obligation and executed on even date herewith remain outstanding, the eligibility for affordable housing provided in said Statute shall not be reduced below 160% of the median income for the area. 3. MONITORING - The Housing Authority of the City of Key West, Florida is responsible for ensuring compliance with the affordability covenants contained herein and expressly agrees to furnish, upon Monroe County Comprehensive Land Authority's request, written certification thereof. 4. AMENDMENT - The Affordable Restrictions contained herein may only be amended, modified or terminated by the express written consent of the Housing Authority of the City of Rey West, Florida and Monroe County Comprehensive Plan Land Authority. Ld Gm te0 by 0 MpUy Synr W., 2011 (863)763-555.5 F FLPRD-5 EXHIBIT "A" LEGAL DESCRIPTION Parcel "A": (Entire Parcel): All of Lot 2 and Part of Lot I of Square 1 of Tract 7, all according to Albury's Subdivision of part of Tract 7, according to the Plat thereof, recorded in Deed Book "I", Page 389, in the Public Records of Monroe County, Florida, and being more particularly described as follows: BEGINNING at The Southwesterly Right of Way Line of Eisenhower Drive as existing and constructed and the Northwesterly Right of Way Line of Newton Street; thence 44 °45'07" W along the said Southwesterly Right of Way Line of Eisenhower Drive for 98.90 feet; thence S 44 °58'00" W (Southwest) for 179.48 feet to the Northwesterly (Northeasterly) Right of Way Line of Pearl Street; thence S 41 V17" E along the said Northeasterly Right of Way Line of Pearl Street for 99.00 feet to the said Northwesterly Right of Way Line of Newton Street; thence N 44 °59'53" E along the said Northeasterly Right of Way Line of Newton Street for 185.35 feet to the said Southwesterly Right of Way Line of Eisenhower Drive and the Point of Beginning. Containing 18,940.84 Square Feet, more or less. LESS Doc# 1857646 Bk# 341 Pg# 871 Parcel "B ": A parcel of land on the Island of Key West, known as part of Lot 1 of Square 1, Tract 7, according to Albury's subdivision of part of Tract 7, as recorded in Deed Book "I ", Page 389, in the Public Records of Monroe County, Florida, said parcel being more particularly described as follows: COMMENCE at the intersection of the Northeasterly right of way line of Pearl Street and the Northwesterly right of way line of Newton Street and run thence N 41 W along the Northeasterly right of way line of the said Pearl Street for a distance of 99.00 feet to the Northwesterly comer of lands described in Official Record Book 1045, at Page 2485, as recorded in the Public Records of Monroe County, Florida; thence N 44 °58'00" E and along the Northwesterly boundary line of the said lands described in Official Record Book 1045, at Page 2485 for a distance of 57.50 feet to the Point of Beginning; thence continue N 44 ° 58'00" E and along the Northwesterly boundary line of the said lands as descr in Official Record Book 1045, at Page 2485 for a distance of 92.50 feet to the Southwesterly right of way line of Salt Pond Road as platted and shown in the said diagram as recorded in Deed Book "I", Page 389; thence S 41 °27'42" E along the Southwesterly right of way line of Salt Pond Road as platted and shown in the said diagram for a distance of 2.81 feet; thence S 44"58'00" W for a distance of 92.33 feet; thence N 45 °02'00" W for a distance of 2.80 feet back to the Point of Beginning. TOGETHER WITH: Parcel "C ": (Area to be given with 716 Eisenhower): A parcel of land on the Island of Key West, known as part of Lot 1 of Square 1, Tract 7, according to Albury's subdivision of part of Tract 7, as recorded in Deed Book "I", Page 389, in the Public Records of Monroe County, Florida, said parcel being more particularly described as follows: COMMENCE at the intersection of the Northeasterly right of way line of Pearl Street and the Northwesterly right of way line of Newton Street and run thence N 41 °27'42" W along the Northeasterly right of way line of the said Pearl Street for a distance of 93.63 feet to the Southwesterly comer of lands described in Official Record Book 379, at Page 728, as recorded in the Public Records of Monroe County, Florida, said point also being the Point of Beginning; thence continue N 41 1 27'42" W along the Northeasterly right of way line of said Pearl Street for a distance of 5.37 feet to the Northwesterly comer of the lands described in Official Record Book 1045, at Page 2485, of the said Public Records; thence N 44 °58'00" E and along the Northwesterly boundary line of the said lands described in Official Record Book 1045, at Page 2485 for a d of 57.50 feet; thence S 45 °02'00" E for a distance of 2.80 feet; thence N 44 °58 "00" E for a distance of 92.33 feet to the Southwesterly right of way line of Salt Pond Road as platted and shown in the said diagram as recorded in Deed Book "I ", Page 389; thence N 41 °27'42" W along the Southwesterly right of way line of said Salt Pond Road as platted and shown in the said diagram, for a distance of 2.81 feet to the Southeasterly comer of the said lands described in Official Record Book 379, at Page728; thence S 44 °56'50" W and along the said Southeasterly boundary line of said lands described in Official record Book 379, at Page 728 for a distance of 150.00 feet back to the Point of Beginning. LESS Parcel "D ": (Area between Platted R/W and Existing R/W): A parcel of land on the Island of Key West, known as part of Lot 1 & Lot 2, of Square 1, Tract 7, according to Albury's subdivision of Part of Tract 7, as recorded in Deed Book "I ", Page 239, in the Public Records of Monroe County, Florida, said parcel being more particularly described as follows: Right of Way Line of Pearl Street and the Northwesterly Right of Way Line of Newton Street; thence N 44 1 59'53" E along the said Northwesterly Right -of -Way Line of Newton Street for 150.09 feet to the platted Right -of -Way Line of Eisenhower Drive and the Point of Beginning; thence continue N 44 °59' 53" along the said Northwesterly Right -of -Way Line of Newton Street for 35.26 feet to the Southwesterly Right -of -Way line of Eisenhower Drive as existing and constructed; thence N 44 °45'OT' W along the said Southwesterly Right -of -Way Line of Eisenhower Drive as existing and constructed for 98.90 feet; then S 44 ° 58'00" W for 29.48 feet to the platted Right -of -Way Line of Eisenhower Drive; thence N 41 °24'22" E along the said platted Right -of -Way line of Eisenhower Drive for 99.02 feet to the said Northwesterly right -0f -- Way line of Newton Street and the Point of Beginning. Containing 3200.21 square feet, more or less. TOGETHER WITH AN EASEMENT OVER THE FOLLOWING PARCELS AS SET FORTH IN OFFICIAL RECORD BOOK 2526, PAGE 864 OF THE OFFICIAL RECORDS OF MONROE COUNTY, FLORIDA. Parcel "D ": (Area between Platted R/W and Existing R/W): A parcel of land on the Island of Key West, known as part of Lot 1 & Lot 2, of Square 1, Tract 7, according to Albury's subdivision of Part of Tract 7, as recorded in Deed Book "I ", Page 239, in the Public Records of Monroe County, Florida, said parcel being more particularly described as follows: Right of Way Line of Pearl Street and the Northwesterly Right of Way Line of Newton Street; thence N 44 °59'53" E along the said Northwesterly Right -of -Way Line of Newton Street for 150.09 feet to the platted Right -of -Way Line of Eisenhower Drive and the Point of Beginning; thence continue N 44 °59'53" along the said Northwesterly Right -of -Way Line of Newton Street for 35.26 feet to the Southwesterly Right -of -Way line of Eisenhower Drive as existing and constructed; thence N 44 °45'07" W along the said Southwesterly Right -of -Way Line of Doc# 1857646 Bk# 2541 Pg# 872 Doc# 1851646 8k# 2541 Pg# 673 Eisenhower Drive as existing and constructed for 98.90 feet; then S 44 °58'00" W for 29.48 feet to the platted Right -0f - - Way Line of Eisenhower Drive; thence N 41 °24'22" E along the said platted Right -of -Way line of Eisenhower Drive for 99.02 feet to the said Northwesterly right -0f -- Way line of Newton Street and the Point of Beginning. Containing 3200.21 square feet, more or less. Parcel "E ": (Area of encroachment between Platted R/W and Existing R/W): A parcel of land on the Island of Key West, known as part of Lot 1 & Lot 2, of Square 1, Tract 7, according to Albury's subdivision of part of Tract 7, as recorded in Deed Book "I ", Page 239, in the Public Records of Monroe County, Florida, said parcel being more particularly described as follows: COMMENCE at the intersection of the Northeasterly Right of Way Line of Pearl Street and the Northwesterly Right of Way Line of Newton Street; thence N 44 °59'53" E. along the said Northwesterly Right of Way Line of Newton Street a distance of 185.35 feet to the Southwesterly Right of Way Line of Eisenhower Drive as existing and constructed; thence N. 44 °45'07" W., along said Southwesterly Right of Way Line of Eisenhower Drive, a distance of 86.86 feet to the Point of Beginning; thence N 44 °45'07" W., and continuing along the said Southwesterly Right of Way Line of Eisenhower Drive a distance of 7.60 feet to the edge of a brick patio; thence meander a brick patio; thence S. 47 °40'32" W., a distance of 6.01 feet; thence S. 04 °06'05" W., a distance of 2.35 feet; thence S. 32 °06'23" W., a distance of 2.51 feet; thence S. 48 °03'45" W., a distance of 9.90 feet; thence N. 44 °51'41" W., a distance of 5.71 feet; thence S. 44 °58'00" W., a distance of 9.37 feet to the platted Right of Way Line of Eisenhower Drive; thence S. 41 °24'22" E., along the said platted Right of Way Line of Eisenhower Drive and thru a building a distance of 52.21 feet; thence continue meandering a frame building, stairs and a porch; thence N. 45 °11' 10 "E., a distance of 7.13 feet; thence N. 44 °48'50 "W., a distance of 9.40 feet; thence N. 45 °11' 10" E., a distance of 1.85 feet; thence N. 44 °48'50" W., a distance of 5.28 feet; thence N. 45 °11' 10" E., a distance of 5.30 feet; thence S. 66 °49'20" E., a distance of 4.99 feet; thence N. 02 °21'35" W., a distance of 8.30 feet; thence S. 62'06'10" W., a distance 4.99 feet; thence N. 44 0 48 1 50" W., a distance of 16.05 feet; thence S. 45 °11' 10" W., a distance of 8.00 feet; thence N. 44 ° 48'50 ", a distance of 6.40 feet; thence N. 44 °53'28" E., a distance of 23.59 feet to the said Southwesterly Right of Way Line of Eisenhower Drive as existing and constructed and the Point of Beginning. Parcel "F" (Area of encroachment, Building) A parcel of land on the Island of Key West, known as part of Lot 1 & Lot 2, of Square 1, Tract 7, according to Albury's subdivision of part of Tract 7, as recorded in Deed Book "I ", Page 239, in the Public Records of Monroe County, Florida, said parcel being more particularly described as follows: COMMENCE at the intersection of the Northeasterly Right of Way Line of Pearl Street and the Northwesterly Right of Way Line of Newton Street; thence N 44 °59'53" E. along the said Northwesterly Right of Way Line of Newton Street a distance of 150.09 feet to a platted Southwesterly Right of Way Line of Eisenhower Drive; thence N 41 °24'22" W., along the said platted Southwesterly Right of Way Line of Eisenhower Drive a distance of 86.86 feet to the outside wall of a 1 story Frame Building and the Point of Beginning; thence meander the said building for the following five (5) metes and bounds; (1) thence N 45'l I' l 0" E., a distance of 1.85 feet; (2) thence N 44 W, a distance of 9.40 feet; (3) thence N 45 °1 l' 10" E, a distance of 1.85 feet; (4) thence N 44 ° 48'50" W, a distance of 30.18 feet; (5) thence S 45 °11'10" E, a distance of 6.62 feet to the said platted Southwesterly Right of Way Line of Eisenhower Drive; thence S 41 E, along the said platted Southwesterly Right of Way Line of Eisenhower Drive a distance of 39.65 feet to the Point of Beginning. Parcel "G" (Area of encroachment, Wood deck) A parcel of land on the Island of Key West, known as part of Lot 1 & Lot 2, of Square 1, Tract 7, according to Albury's subdivision of part of Tract 7, as recorded in Deed Book "I ", Page 239, in the Public Records of Monroe County, Florida, said parcel being more particularly described as follows: COMMENCE at the intersection of the Northeasterly Right of Way Line of Pearl Street and the Northwesterly Right of Way Line of Newton Street; thence N 44 °59'53" E along the said Northwesterly Right of Way Line of Newton Street a distance of 150.09 feet to a platted Southwesterly Right of Way Line of Eisenhower Drive; thence N. 41 °24'22 "W, along the said platted Southwesterly right of Way Line of Eisenhower Drive a distance of 86.86 feet to the outside wall of a 1 Story Frame Building; thence meander the said building for the following four (4) metes and bounds; (1) thence N 45 °11' 10" E, a distance of 7.13 feet; (2) thence N 44 °48'50" W, a distance of 9.40feet; (3) thence N 45° 11' 10" E, a distance of 1.85 feet; (4) thence N 44 °48'50" W, a distance of 5.28 feet to a wood deck and the Point of Beginning; thence meander the said wood deck for the following six (6) metes and bounds; (1) thence N 45'l l' 10" E, a distance of 5.30 feet; (2) thence S 66 °49'20 "E, a distance of 4.99 feet; (3) thence N 02 0 21'35" W, a distance of 8.30 feet; (4) thence S 62'06'1 V W, a distance of 4.99 feet; (5) thence N 44 °48'50" W, a distance of 16.05 feet; (6) thence S 45'11'10" W, a distance of 8.00 feet to the outside wall of the said One Story Frame Building; thence S 44 °48'50" E, along the said outside wall of the building for 19.00 feet to the Point of Beginning. Doc# 1857646 Bk# 2541 Pg# 874 MONROE COUNTY OFFICIAL RECORDS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, NOMINATING THREE PROJECTS LOCATED AT 716 EISENHOWER DRIVE, 1116 TRUMAN AVENUE AND 209 OLIVIA STREET, BY HABITAT FOR HUMANITY OF KEY WEST AND THE LOWER FLORIDA KEYS, INC., TO THE MONROE COUNTY LAND AUTHORITY FOR FUNDING IN THE AMOUNT OF $860,000.00 FOR THE PURPOSE OF PROTECTING AND BUILDING WORKFORCE AND AFFORDABLE HOUSING UNITS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission has determined that there exists a critical shortage of workforce and affordable housing available in the City of Key West; and WHEREAS, Habitat for Humanity of Key West and the Lower Florida Keys is a non - profit organization seeking funding from the Land Authority for three workforce housing projects in the 2016- 17 fiscal year, to construct or preserve up to 26 affordable housing units in Key West and the Lower Keys; and WHEREAS, the City Commission supports the expenditure of $400,000.00 for construction of three workforce housing units (60 to 80% AMI) at 1116 Truman Avenue, the expenditure of up to $400,000.00 to retire the acquisition loan Habitat holds with First State Bank for property on which 12 deed - restricted workforce Page 1 of 3 housing rental units exist at 716 Eisenhower Drive, and the expenditure of up to $60,000.00 for critical home repairs to property located -at 2.09 Olivia Street, currently occupied-by low- income senior citizens; WHEREAS, the use of Land Authority funds to retire the acquisition debt at 716 Eisenhower Drive, would in turn allow Habitat to use that property as collateral for a construction loan needed to build 10 new permanently affordable workforce homes on Big Coppitt Key; and WHEREAS, the Monroe County Land Authority holds funds on behalf of the City of Key West that may be dedicated to the purchase of land and construction costs for the purpose of providing workforce housing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, AS FOLLOWS: Section 1 : That three projects by Habitat for Humanity of Key West and Lower Keys, Inc. -- located at 1116 Truman Avenue ($400,000.00), 716 Eisenhower Drive ($400,000.00) and 209 Olivia Street ($60,000.00) -- are hereby nominated to the Monroe County Land Authority for funding in the total amount of $860,000.00 for the purpose of providing and protecting workforce housing. Page 2 of 3 Section 2 : That this Resolution shall go into effect immediately upon its passage and adoption and authentication by _the. signature of the presiding of.f.icer and the Clerk of the Commission. Passed and adopted by the City Commission at a meeting held this 15th day of November , 2016. Authenticated by the Presiding Officer and Clerk of the Commission on 16th day of November , 2016. Filed with the Clerk on November 16 Mayor Craig Cates Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Sam Kaufman Clayton Lopez Richard Payne Margaret Romero Billy Wardlow Jimmy Weekley 2016. Yes Yes Yes Yes No Yes Yes CRA G C TES MAYOR A CHERYL SMITH, CITY CLERK Page 3 of 3 Aerial Photograph of Subject Property 712, 714, and 716 Eisenhower Drive and 703 and 705 Pearl Street RE #00023300 - 000000 Key West