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Item H01 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August l8. 2004 Bulk Item: Yes X No Division: Growth Management Department: Planning AGENDA ITEM WORDING: Approval for an Affordable Housing Deed Restriction for one dwelling unit from Victoria Aleksandrowicz. 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. Victoria Aleksandrowicz 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 DIVISION DIRECTOR APPROVAL: Risk Management N/ A APPROVED BY: County Atty L OMB/Purchasing N/ A CP DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDA ITEM #-th.-- MEMORANDUM TO:: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management Directoqrj August 18, 2004 Clarification of Agenda Item Affordable Housing Permit Number Name on Agenda Item Name on Restrictive Covenant Legal Description 03-3-1774 Victoria Aleksandrowi cz Victoria A leksandrowi cz. Lot 3, Block 14, Sexton Cove Estates- Resubdivision, Key Largo Prepared by: Victoria Aleksandrowlcz P.O. Box 1772 Islamorada, FL 33036 MONROE COUNTY PLANNING DEPARTMENT AFFORDABLE HOUSING DEED RESTRICTION STA TE OF FLORIDA COUNTY OF MONROE Notice is hereby given that: I. I/We, Victoria Aleksandrowicz. a widow, 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}: 3, Block: 14 Subdivision: Sexton Cove Estates - Resubdivision Key: LarQo PB: 6-30 (If legal description is metes and bounds, attach a separate sheet) Real Estate Number: 00532701.039200 II. The residential unit Building Permit Number is 03-3-1774. 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. I 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 leastfifty (50) years. Real Estate No, # 00532701.039200 Affordable Housing Deed Restriction Page 1 of2 Initial ")I 0 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. ~ WIT S ~s:~ ~- ~MA-, ~ . ature) ~yCJ/A A mASlvrfY{ (PrintlType Name) Address: PO Box 1 801 Islamorada, FL 33036 y~ (Signature) \ t? Sl \ (PrintlType Name) Address: T e foregoing instrum, ent was ac;~no/'Vle9ged b~t9re rTle this dt ,2 DOc( AD. by I/{ltrrl#.. ff("<SfJrl4~lCl p sonally knowntOnie or has produced /~ Sl' . ~ · identification. '/~ MyCommissio E"l1l"'!' MARVWEEKS ~~ r<<mry Public - New JenI8y N;~...~#i~ (Si ), Middlesex County My CanmklsIon Expires May 11, 2008 day of is/are as Real Estate No. # 00532701.039200 Initial <JI ~ Affordable Housing Deed Restriction Page 2 of2 >- ~2 a: a: 00 So ~ z :;) 8~ . i,i I' I