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Item K04 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Bulk Item: April 17. 2002 Yes X No Division: Department: Growth Management Planning AGENDA ITEM WORDING: Approval for one Affordable Housing Deed Restriction for nine dwelling units from Douglas & Lynn Bell and Jack & Joyce Sweeting. ITEM BACKGROUND: On March 13, 2002 the Planning Commission approved nine allocation awards for the applicants listed below provided the applicants' Affordable Housing Deed Restriction is approved by the BOCC. Douglas & Lynn Bell and Jack & Joyce Sweeting submitted the Restrictive Covenant to Monroe County. The applicants are receiving nine dwelling unit allocation awards for the year ending July 13, 2000, have filed the document in accordance with Ordinance No. 47-1999. PREVIOUS RELEVANT BOARD ACTION: On November 11, 1999, the BOCC adopted Ordinance No. 047- 1999. CONTRACT/AGREEMENT CHANGES: N/ A. STAFF RECOMMENDATION: Approval. TOTAL COST: x BUDGETED: Yes N/A No COST TO COUNTY: N/ A REVENUE PRODUCING: Yes N/ A No AMOUNT PER MONTH N/ A Year APPROVED BY: County Arty l OMB/Purchasing N/ A Risk Management N/ A DIVISION DIRECTOR APPROVAL: Garry, AICP DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDA ITEM # J( L/ MEMORANDUM TO:: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management Direct~ April 17, 2002 Clarification of Agenda Item Affordable Housing Permit Number Name on A2enda Item Name on Legal Restrictive Covenant Description 01-1-0344,01-1-0345, Douglas & Lynn Bell 01-1-0346,01-1-0347, and Jack & Joyce 01-1-0348,01-1-0349, Sweeting 01-1-0350,01-1-0351, 01-1-0355 Douglas & Lynn Bell and Jack & Joyce Sweeting Part Government Lot 3 (Sec. 3, Twp. 67, Rng. 27) Sugarloaf Key (RE: 00118430.000000) MONROE COUNTY PLANNING DEPARTMENT AFFORDABLE HOUSING DEED RESTRICTION STATE OF FLORIDA COUNTY OF MONROE Notice is hereby given that: I. We Douglas and ~ BelL husband & wife and Jack & Joyce Sweetin~_ husband & wife the undersigned are the sole owner(s) of certain real property, situated, lying and being in Monroe County, State of Florida, Described as follows: See attachment A Legal Description: A tract ofland in a part of Gov't Lot 3, Section 3, Township 67 South, Range 27 East, on SugarloafKey, Monroe County, Florida and being more particularly described by metes and bounds as follows: Real Estate Number: 00118430-000000 IT. The residential unit Building Permit Numbers are: (Unit 1: 01-1-0344), (Unit 2: 01-1- 0345), (Unit 3: 01-1-0346), (Unit 4: 01-1-0347), (Unit 5: 01-1-0358), (Unit 6: 01-1- 0349),(Unit 7: 01-1-0350), (Unit 8: 01-1-0351), and (Unit 9: 01-1-0352) ill, Under the affordable housing provisions set in Chapter 9,5 of Monroe County Land Development Regulations, the owners of the above-described real property have been exempted from payment of "Fair Share Impact Fees" for (9) single family residential units to be constructed on said real property. IV. The annual adjusted gross income for the owner-occupied or tenant occupied household does not exceed one hundred (100) percent of the median adj usted gross annual income within Monroe County. V. The rent (employee housing/tenant) will not exceed thirty (30) percent of the median adjusted gross annual income divided by 12 households within Monroe County, VI. Under Monroe County Code Section 9.5-266, the affordable housing dwelling unit is restricted to a maximum of one thousand three hundred (1,300) square of feet habitable space for a period of at least twenty (20) years. Real Estate No. # 00118430-000000 Affordable Housing Deed Restriction Page 1 of 4 c::; j:i Ini~l/ .~'W VII. The applicant(s) have used the affordable housing program to gain additional points in the permit allocation system pursuant to Monroe County Section 9.5-122.3(6), VIII, The covenants shall be effective for twenty (20) years, but shall not commence running until a certificate of occupancy has been issued by the building official for the dwelling unites) to which the covenant or covenants apply. This deed restriction shall remain in effect for (20) years regardless of the owner(s) or occupant(s) ability to comply or re- qualify on an annual basis or as otherwise required IX. All of these restrictions herein shall be binding upon any transferees, lessees, heirs, assigns or successors in the chain of title, We certify that we are familiar with the information herein contained and that is true and correct to the best of my knowledge and belief: and we will abide by the above stated restrictions persuant to the Monroe County Code Chapter 9.5 as may be amended from time to time. ZS.:,/-, .' U-.~ . (Sl~)' V. ' jI)(;, A A/~ C ~ (PnntfType Name) ~"..J.- rI Ct?~ (Si re) rnC-~lLl-h L C IGr}L~ (Prin Name) OWNER OR OWNERS (Si~~r (;) {'J '- (Prin~~'e N~e)\ Address: .13' 'r it ~), p,- .1-.(')t. IIW.l..::...14,_ 1- .,-"j /7 .....) . t.J~- :~?~ ~id'Nt,,~re {{ ~;:5fif J A(!K ~ SWGITI U3_ (PrintfType Name) Address: (Ol~ Fa2>J AvG 3>\~ rl/~ '?-'0 / f=" I 3:30<13 (Signature) (Print/Type Name) Real Estate No. 00118430-000000 Affordable Housing Deed Restriction Page 2 of 4 ~zL lnitidlJibl /./3 ('\)-8> (Signature) (print/Type Name) ",'~\iW~ Karen Ann Haack {:r'A.\:~ MY COMMISSION # CC858314 EXPIRES ~~~.~~ July 26, 2003 "').;,<if.,r.-~" BONDED THRU TROY FAIN INSURANCf. INC. c::.-. ~ o Public (Signature) ~r" 4r?h ~4r[ Notary Public (Print' Name ) My Commission expires Real Estate No. # 0118430.000000 Affordable Housing Deed Restriction Page 3 of 4 /',-:::7.. L I tit. z-r lnitia1~ '-i/3 (j),~ ATTACHMENT A LEGAL DESCRIPTION: (as provided) A tract ofland in a part of Gov't Lot 3, Section 3, Township 67 South, Range 27 East, on SugarloafKey, Monroe County, Florida and being more particularly described by metes and bounds as follows: Commencing at the intersection of the West line of Gov't Lot 3 and the centerline ofD.S. Highway No.1, bear North 56 degrees and 03 minutes East along the centerline of U.S. Highway No. 1 for a distance of 800.00 feet to a point; thence bear South 33 degrees and 57 minutes East for a distance of 100.00 feet to the southeasterly right-of-way line ofD.S, Highway No.1, said point to be known as the point of beginning of the tract of land hereinafter described; from said point of beginning, bear North 56 degrees and 03 minutes East along the south easterly right-of-way line ofU.S, Highway No.1 for a distance of73 feet, more or less, to a point on the shoreline of Upper Sugarloaf Sound; thence meander the shoreline of Upper Sugarloaf Sound in a southeasterly, southwesterly and northwesterly direction for a distance of 91 0 feet, more or less, to a point on the southeasterly right-of-way line of U.S. Highway No.1; on the southeasterly right-of-way line of U. S. Highway No.1; thence bear North 56 degrees and 03 minuted East along the southeasterly right-of-way line ofD.S, Highway No.1 for a distance of 445.00 feet, more, or less, back to the point of beginning, containing 2.5 acres, more or k~ . Real Estate No. # 00118430-000000 Affordable Housing Deed Restriction Page 4 of 4 4~ In. . 1:/,j '. ltl~ . t';) r1)O