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Item G3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 16.2005 Bulk Item: Yes X No Division: Growth Management Department: Planning and Env. Resources Staff Contact Person: Marlene Conaway AGENDA ITEM WORDING: Approval for an Affordable Housing Deed Restriction for two dwelling units from Boy Scouts of America. ITEM BACKGROUND: On October 18,2004, Development Order 12-04 was signed by the Director of Planning and Environmental Resouces approving two ROGO exemptions (Transferable RaGa exemption (TRE) identifier numbers A-020I and A-0202) for property identified by real estate number 0011485.000000. Pursuant to Monroe County Code the transferable ROGO exemptions are subject to Affordable Housing requirements. The applicant submitted the Affordable Housing Deed Restriction to be approved by the BOCC. PREVIOUS RELEVANT BOARD ACTION: None 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: /l Risk Management N/ A ! 1/1 APPROVED BY: County Atty l DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # MEMORANDUM TO:: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management Dire~ February 16, 2005 Clarification of Agenda Item Affordable Housing Permit Number Name on Agenda Item Name on Restrictive Covenant Legal Description 04-1-1453 Boy Scouts of America Boy Scouts of America. Part Lot 1 (Section 27, Township 66, Range 28) and Part Lot 4 (Section 34, Township 66, Range 28), Summerland Key, RE: 00114850.000000. This Instrument prepared by and after recording return to: Nicholas W. Mulick, Esq. NICHOlAS W. MUUCK, PA 91645 Overseas Highway Tavernier, FL 33070 305.852-9292 MONROE COUNIY PLANNING DEPARTMENT AFFORDABLE HOUSING DEED RESTRICTION STATE OF FLORIDA COUNTY OF MONROE Notice is hereby given that: I. The Boys Scouts of America is the sole owner of certain real property, situated, lying and being in Monroe County, State of Florida, described as follows: Part Lot 4 (Section 27, Township 66, Range 28), and Part Lot 1 (Section 34, Township 66, Range 28). Key: Summerland PB: Of legal description is metes and boundsJ attach a separate sheet} Real Estate Number: 00114850.000000 The building containing the two dwelling units that are the subject of this restriction is located within the crosshatched area on the site plan attached hereto as Exhibit 1. II. The two residential units are under Building Permit Number 04-01-1453. III. Under the employee housing provisions set for in Chapter 9.5 of Monroe County Land Development Regulations, the owner of the above-described real property has been exempted from payment of "Fair Share Impact Fees" for a two-unit building to be constructed on said real property. IV. Occupancy shall be restricted to households meeting the income and employment requirements of Monroe County Code Section 9.5-266(a) (6)b during the period of time each employee occupies the residential unit. V. Under Monroe County Code Section 9.5-266, the employee housing dwelling units are restricted to a maximum of one-thousand three-hundred (1,300) square feet of habitable space for a period of at least thirty (30) years. VI. The applicant has transferred two ROGO-exempted units from NHC, Ine and the TRE Identifier Numbers are A-0201 and A-0202. Boy Scouts of America; RE No. 00114850.000000 VII. The covenants shall be effective for thirty (30) years but shall not commence until a Certificate of Occupancy has been issued by the Building Official for the dwelling units to which the covenants apply. This Deed Restriction shall remain in effect for thirty (30) years regardless of the owners or occupant's ability to comply or re-qualify on an annual basis or as otherwise may be required. VIII. All of the restrictions herein shall be binding upon any transferees, lessees, heirs, assigns or successors in the chain of title. The Boy Scouts of America certifies that it is familiar with the information herein contained and that it is true and correct to the best of its knowledge and belief; and it will abide by the above-stated restrictions pursuant to Monroe County Code Chapter 9.5, as may be amended from time to time. >~ Boy Scouts of America, a foreign nonprofit corporation Nt c' ['-() l c-~ ''l'( 1'1. ~ i l " c k, (Print Name of Witness) By: '/1 /I /,~~ //,~'" //~,7>"" /~ C f ! ~ (~ ,i ,.~W~\ pau1i{alvairrs ,. -, Mailing Address: PO Box 1906 Islamorada. FL 33036 Physical Address: 73800 Overseas Hwy Islamorada. FL 33036 The foregoing instrument was ac 2005, A.D., by Paul Kalvaitis, as AmedC!,~;~ign nonprofit corporation, @.own to me has produced owled ed before me this ;)-J1:bday of January , for Boy Sc n behalf of the corporation. He' personally as idenu ca on. No My Commission Expires: ~,,';..':f.~'f;:;~" LISA CAREY ~f'~'~:~ MY COMMIS~ION # DD 110800, ~'~~<;'i EXPIRES. July 12, 2006 "4'~~Rft:U-*~ 8or:ded Thru Nd.ary Pub~ic Unde1wrrters [stamp seal in space provided above] 2 , '" Boy Scouts of America; RE No. 00114850.000000 t~ BOY SCOUTS OF AMERlCA :BRINTON ENVIRON1vffiNT AL CENTER COUNSELOR BUILDING. REAL EST A 1'E NUMBE.R 00114850-000000 BUILDING toeA TION MAP SUMMBRLAND KEY, FLORIDA l1S HTGHW A Y #.1 ~ .1n:e6't"1\""4t""fJ. --..... ~ ~~.. ,...'" .. ... ~ ....~,.. _' _. _ . _~_ c.r.18tlngL;o!"ds~e S:UI'f~f~. \ ,/ 87u "_..__ ....-:.___.._.._.._.. " '/ ',~".11' :W---" -,_.-. -----::\r-. _. t' _. -'- R~'_I< X ~ W' 0 1 I ~I~~ ---.... ----r--"--.......,.,..,I-J-\: .'X"__x - I. 1....;. ll:tIng"" "-"-"-. --r- .1 I_,r~ fp~ ~.r.\r ~l~ '9"'kln- tot H' U', . -- . ~. I ~~ Q ....... I ~. ''''''r'I ~\...k11' .. I I --' I A- ........t.....1II ~ .......-fJI~P!; I-.:'lf'- .\J.,M.~,,~ 0. T'~, J eJ J I:llCl~~ Nlt/if.\lqgM"~on I = ~\4watf Tl\'I<ll;l'l'll!lIt ~,.d\~ ~ e ) M3I1og~"y (1) ~ '"ili,"'!:..l;l( (1) ~ A I.' in:;b~"(~) 5""r.I\$.A~l!I<l);) r-._~_~____ 1..... Cp~~IJti: \ '6 r4f7 ;Jj :'" D,~ .ret<l W~I "'I~ I !l ;'$ ,Ii bytt>:: 1 : !f ~Ilr CQ\Jl1tyBidoglllt q 'I ~ I~ o~~ ~. ^i JQ "t 11 q LOT 1 9 :x: M ;l. ;:>::I -; ~. VI ~ 7'> ('I'l 1'1 -1 LOT 26 Approved Counselor Building pursuant to Monroe County Development Orders #11-04 and 12-04. Development Order #12-04 authorized two ROGO Exemptions (TRE's) to this property. The TRE Identifier numbers A-0201 and A-0202. Building Permit number 04-1-1453.