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Item I17 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 19.2004 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 Jon & Jacqueline North. ITEM BACKGROUND: On March 24, 2004 the Planning Commission approved an allocation award for the applicants listed below provided the applicants' Affordable Housing Deed Restriction is approved by the BOCC. Jon & Jacqueline North submitted the Restrictive Covenant to Monroe County. The applicants are receiving a dwelling unit allocation award for the year ending July 13,2004, 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 SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A Year APPROVED BY: County Atty l OMB/Purchasing N/A Risk Management N/A DIVISION DIRECTOR APPROVAL: Y ~ ~~-- 0_. ~ Timothy ~:~ D DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDAITEM#:J:l~ MEMORANDUM TO:: FROM: DATE: RE: Danny Kolhage, Clerk ofthe Court Timothy J, McGarry, Growth Management Director'K ~ May 19, 2004 Clarification of Agenda Item Affordable Housing Permit Number Name on Agenda Item Name on Restrictive Covenant 03-1-1197 Jon & Jacqueline North Jon & Jacqueline North, Legal Description Lot 41, Summerland Estates Re-subdivision #1, Summerland Key Prepared by: Jon North 642 Venture Out, 701 Spanish Main Dr. Cudjoe Key" FL 33042 MONROE COUNTY PLANNING DEPARTMENT AFFORDABLE HOUSING DEED RESTRICTION STA TE OF FLORIDA COUNTY OF MONROE Notice is hereby given that: I. I/We, Jon & Jacqueline North, a married couple, 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): ~, Subdivision: Summerland Estates Re-sub #1 Key: Summerland PB: 3-158 (If legal description is metes and bounds, attach a separate sheet) Real Estate Number: 00199360.000000 II. The residential unit Building Permit Number is 03-1-1197, 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!, 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, 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 Real Estate No. # 00199360.000000 Affordable Housing Deed Restriction Page I of 2 dt0 15,54 FROM,MONROE COUNTY ATTY OFFICE ID'3052823516 PAGE i-I-lX NU, :..:Sl1~"'~l:l'j"~~l~ May. 11:J ~11114 11-::;;j4HI'l t-'j building official for the dwelling unites) 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. lesses$? heirs, assigns or successors In the chain of title. X, Monroe County may enforce this affordable housing deed restriction through any legal prooedure available, whether at law or equity. IIwe certify that l!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 l/we will abide by the above stated restrictions pursuant to Monroe County Code Chapter 9.5 as may be amended from time to time. WITNESSESS: ~U~)~...4... i ~~V:;~N~~NIt. ~ dress: ,D( ~ftWl~r I'Y\AIA} ~~llJ{; ~t~l. c.t.nx:SQ~ ~..., r-: L3:<~"t.). dJA (Signature) .. ~~"'m-IJJ(i: (PrlntIType Name) ~. ~ c,l 1'\ (!)~~~.....1 (SignattJra) , rPrtt~~~fr:e~(k ~~\ ~'(\1 Q . tJ-l ~ l!ignature) :ru-"l~~L\ 62, lk.~d~ (PrintIType Name) STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this 0 day of ....~0 ~a(1}... ~ '~[)"'tL.l.(' \;f'~, r-~~(~'" who is/ar ersonafl known 0 me or produced _ as proof of iden lea Ion and did take an oath. _ 1 \ _ -'d~ \:rnt"ht \1~ O'l..l::1.C.A.CU N a Public (Signature & Print Na ) xplres ~'tH Address: 701 SPf'\ j')1S.j.J~..v:i)l2. . -lt64- 2. c: "-'V;-'~(; ktY f'w.)o,. 1- &al Estate No, " 00 199360,00000o Affordable HOU8ina Deed Rea1riction H~ MY COLI.ISSION, DO 124806 . f 2 ElI'lRES: AlOlII18, 2006 ~lIIv~"""~ 2/4 :;... w Z" .. a:~ 00: tit .~ .'