Item I18
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
Edward & Denise Werling,
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.
Edward & Denise Werling 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:
'ff /Jft~th;b ~
DOCUMENTATION:
Included X
To Follow_
Not Required_
AGENDA ITEM ~ J g
DISPOSITION:
ADD-ON
MEMORANDUM
TO::
FROM:
DATE:
RE:
Danny Kolhage, Clerk of the Court
Timothy J, McGarry, Growth Management Directo'r(~
May 19,2004
Clarification of Agenda Item
Affordable Housing
Permit
Number
Name on
Agenda Item
Name on
Restrictive Covenant
Legal
Description
03-1-0095
Edward & Denise
Werling
Edward & Denise
Werling,
Lot 10, Block 2,
Cutthroat Harbor Estates
1 st Addition, Cudjoe Key
MONROE COUNTY PLANNING DEPARTMENT
AFFORDABLE HOUSING DEED RESTRICTION
STA TE OF FLORIDA
COUNTY OF MONROE
Notice is hereby given that:
I. IlWe, Edward & Denise Werlinq, 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): 10, Block: ~
Subdivision: Cutthroat Harbor Estates First Addition
Key: Cudioe PB: 5-60
(If legal description is metes and bounds. attach a separate sheet)
Real Estate Number: 00184070.000000
II. The residential unit Building Permit Number is 03-1-0095,
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 adjusteci 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. # 00184070.000000
Affordable Housing Deed Restriction
Page 1 of2
lnitia~
~AY-05-0q 15,5q FROM,MONROE COUNTY ATTY OFFICE ID,3052923516 PAGE 3/q
/.l-:rpl . t"H^ NU. ...j~:J...::Xl'.::t ~:..>.:.:..> I'l~';:j. ICJ:J ..:l1l14 l1':;j;jJHM J-'~
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 unlt{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,
les6888, heirs, assigns or successors in the chain of title.
x. Monroe County may enforoe this affordable housing deed restriction
through any legal procedure available. whether at law or equity.
Uwe certify that Ilwa am/are familiar with the Information herein contained and
that it is true and correct to the best of my knowledge and belief: and IIwe will
abicla by the above stated res1rictions pursuant to Monroe County Code Chapter
9.5 sa may be amended from time to time.
~1:r~S:SSl-:1
~ (A~H~//Jd
(Signature)
L'frrtAE'-IJaA1 "'1'.11) i~'e/b
(Pr nVType N~mEl)
0::-
dward Werling
Addre8S~~nx \()\.I2.
~JI~
(Signatu .
~ l~ f.1/fild) :1" fif2~.i) tit--
(Printffype Name)
The foregoing instrument was acknowledg
~r i I . 2!JJ2:L A.D. by
pe sonally known to me
=-Hanlmu..M.
MS. I =SCC..II
Y .IS....
11ft
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Rea] E$tDtc Np- it 0018-4070.000000
Affordablo H<lU$mg Deed Rcstrictiou
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Fa IlOX uam
SLlMMERLAND KEY, Fi. 3IJC2oOt13
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