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Item J07 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 15. 2004 Bulk Itern: Yes X No Division: Department: Growth Mana~ement Plannini AGENDA ITEM WORDING: Approval for an Affordable Housing Deed Restriction for one dwelling unit frorn Joseph Oliveros. ITEM BACKGROUND: On November 16, 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. Joseph Oliveros submitted the Restrictive Covenant to Monroe County. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2005, 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 Risk Management N/ A DIVISION DIRECTOR APPROVAL: ,AICP DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDA ITEM iY( MEMORANDUM TO:: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy 1. McGarry, Growth Management DirM, December 15,2004 Clarification of Agenda Item Affordable Housing Permit Number Name on Agenda Item Name on Legal Restrictive Covenant Description 04-3-0455 Joseph Oliveros Joseph Oliveros. Lot 7, Block 13, Largo Gardens, Key Largo Prepared by: Jo.eph Olivera. P,O, Box 464 Tavernier, FL 33070 MONROE COUNTY PLANNING DEPARTMENT AFFORDABLE HOUSING DEED RESTRICTION STA TE OF FLORIDA COUNTY OF MONROE Notice is hereby given that I. IlWe, Joseph Oliveros a sinale man ,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): I ,Block(s): 13 Subdivision: Laroo Gardens Key: Laroo PB: 4-38 (If legal description is metes and bounds, attach a separate sheet) Real Estate Number: 00457900.000000 II. The residential unit Building Permit Number is 04-3-0455. III. Under the owner-occupied ldeveloper moderate income 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, a multi-family unit, _' a mobile home _ to be constructed on said real property. IV. The annual adjusted gross income for the owner-occupied household does not exceed 120% percent of the median adjusted gross annual income within Monroe County. V, 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 thirty (30) years. Real Estate No. # 00457900.000000 Affordable Housing Deed Restriction Page 1 of2 w1f J VI, The Maximum sales price, owner occupied affordable housing unit shall mean a price not exceeding four and one-quarter (4.25) times the annual median household income for Monroe County. 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). VII I. The covenants shall be effective for thirty (30) years, but shall not commence running until a ce~ificate 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 thirty (30) 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. At the time of sale an owner-occupied affordable housing unit, the unit may only be sold to a household within the same class. X. All of the restrictions herein shall be binding upon any transferees, lessees, heirs, assigns or successors in the chain of title. 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. ~~ (Signature) JiAIZ.oW/ 1::, r12 IE.:> (Print/Type Name) oseoh Oliveros (PrintfType Name) Address: 'PD ~~ L/b4 ---r4 J E2.fJ 1I::..fl.. \ FL. ':3 QO 70 ~~-M~ (Signatu ) 'If L. SCHl.6mme.e.. (PrintfTy e Name) The foregqing instrument was acknowledged before me this OV, 2 (}() A.D. by ~DSepf.i ouvc-/z'o..5 . ona y known to me r has produced en I Ica Ion. I / 1j day of fiG- @are as My Commission Expires .,P,o:,Y. ;~"'t- SHERRY L SCHLEMMER ".W" MYCOMMISSION,DD113099 ~~~ EXPIRES: August 27. 2006 ~ 01 J\.~ Bonded Thru Budget NOCMy S.,...ee. J!~(~~~ S/-IGI&l. y L. SCNLGl?lme=,e,. Notary PubIfc (Print Name) Real Estate No, # 00457900.000000 ~fJL Affordable Housing Deed Restriction Page 2 of2