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Item K12 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21. 2004 Bulk Item: Yes X No Division: Department: Growth Management Planning AGENDA ITEM WORDING: Approval for an Affordable Housing Deed Restriction for one dwelling unit from Lisa Ann Albury. ITEM BACKGROUND: On March 24, 2004 the Planning Commission approved an allocation award for the applicant listed below provided the applicant's Affordable Housing Deed Restriction is approved by the BOCC. Lisa Ann Albury submitted the Restrictive Covenant to Monroe County. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2004, has 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 SOURCE OF FUNDS: N/ A REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A Year APPROVED BY: County Atty l isk Management N/ A DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow Not Required_ AGENDA ITEM # K , 2. DISPOSITION: MEMORANDUM TO:: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management DirdJPf7) April 21, 2004 Clarification of Agenda Item Affordable Housing Permit Number Name on Agenda Item Name on Restrictive Covenant Legal Description 03-3-2020 Lisa Ann Albury Lisa Ann Albury. Lot 5, Block 4, Harris Ocean Park Estate, Key Largo Prepared by: Lisa Albury P.O. Box 400 Tavernier, FL 33070 MONROE COUNTY PLANNING DEPARTMENT AFFORDABLE HOUSING DEED RESTRICTION STA TE OF FLORIDA COUNTY OF MONROE Notice is hereby given that: I. l!\Ne, Lisa Ann Albury. a sinqle woman, the undersigned is/are the sole owner(s) of certain real property, situated, lying and being in Monroe County, State of Florida, described as follows: Lot(s): Q, Block: ~ Subdivision: Harris Ocean Park Estate I Key: Larao PB: 4-126 .If legal description is metes and bounds, attach a separate sheet) Real Estate Number: 00448120.000000 II. The residential unit Building Permit Number is 03-3-2020. III. Under the affordable housing provisions set for in Chapter 9.5 of Monroe County Land Development Regulations, the owner or owners of the above-described real property have been exempted from payment of "Fair Share Impact Fees" for a (check one): a single-family l, a multi-family unit, _, a mobile home _ 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 adjusted 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 for 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 fifty (50) years. Real Estate No. # 00448120.000000 Affordable Housing Deed Restriction Page I of2 Initial 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 fifty (50) years, but shall not commence running until a certificate of occupancy has been issued by the building official for the dwelling unit(s) to which the covenant or covenants apply. This deed restriction shall remain in effect for fifty (50) years regardless of the owner(s) or occupant(s) ability to comply or re-qualify on an annual basis or as otherwise may be required. IX. All of the restrictions herein shall be binding upon any transferees, lessees, heirs, assigns or successors in the chain of title. X. Monroe County may enforce this affordable housing deed restriction through any legal procedure available, whether at law or equity. I/we certify that I/we am/are familiar with the information herein contained and that it is true and correct to the best of my knowledge and belief; and I/we will abide by the above stated restrictions pursuant to Monroe County Code Chapter 9.5 as may be amended from time to time. ESS: OWNE~ OR OWNERS ~~.~ (Signature) isa Ann Albury Gay Marie Smith (Print/Type Name) Address: fo ~x 1-/00 'Iltl/~i G-12.. FI- 33c7o ~~- (Signature) (Signature) Leslie Pete Meyers (Pririt/Type Name) Address: The foregoing instrument was acknowledged before me this 26 day of March ,2 004 A.D. by Lisa Ann Albury . l...oho &are personally known to me or has produced as identification. My Co ~~- Notary Public (Signa e) Leslie Pete Meyers Notary Public (Print Name) Affordable Housing Deed Restriction Page 2 of2 Initial