Item S01a
MEMORANDUM
To:
Board
Cc:
Tom Willi, County Atlministrator
Through:
Richard
County
Re:
of Lots on
From:
Susan.
COlilty Attorney
Date:
May 12, 2005
(Please be advised that language from recorded instruments is
errors>)
as reeorded, with some
QUESTION: The County is possibility
Cudjoe o'''lled the 0 They are described as 2 and 3 of Block
Gardens Eighth Addition, Cudjoe Monroe County Florida, to the plat
recorded Plat Book 16, of Public Records: of Monroe Countv" Florida.
'\'as on April 2005, BOCC agenda <L.'ld was tabled instructions to staff research
the Hem; on the property at possible workforce housing,"
ANSWER There are restrictions in the deeds apparently were: questioned the Board,
None of restrictions affect sale of the property the County. One restriction on one
might have affected use proceeds, but the restriction is moot as condition
fulfilled. Statutory procedures must be followed for any sale, properrj may be as
as oongttuction, if not sold, single family housing be built as mordable
lillIs, possibly for those serving at substatioo. The cam10t used for an expansion
of the offices or vehicle of the substation>
Association to
the
and
No investigation was
Declaration of
Homoovmers'
concerning any
affecting the subdivision, or
and or affecting this
DISCUSSION:
A9
are
documents
may
of the
as
L
or
'}
fu.
excepting one lot on
Gardens Eighth
<'Occupa:n~: lots shall
the corner of U. S, and
Addition shaH
M. 1 is the
limited to single :fimrily
namely lot 1, mo<ck
limited business subject to
use of 2 3 to single family
the restrictions have been cruuiged.
by of a majority of
the nature of the area, it is
I have not able to
in the Declaration of
as in Lite
has been
'This
ascertain
Restrictions are
Declaration itself
changed.
3. Deed ()f January 10, 1984 Lot 1 Block 23 - (This is the substation lot,) This property
was gift Vincent and Drost to County use as a
substation, and or, administrative offic~s the Monroe County Sheriffs~
Ikpmment. If not in sucb use 10 YOllYS from thig dllte, tbe property shan revert to
former owners. No prisoners be housed on said hma. *
This property was pnt use the Sherift'" s Department within the required time
period, sometime in the 1980's, There is no longer problem with reverter dause,
as the property is in use as a
4. Deed of March 1992 Lot 2 Block 23 -This lot was conveyed by gift from the Drost.,
to Monroe County. It the following language: "Any use of this lot subjed to
Setlers! approvat No house shan be built on this Block 23 as M we, the
givers of said lot 2, block 23~ a.re living on lot 12, block 5 of Cudjoe Gardens.o/l
The only available use is for a single fanuly residence the Declaration. It appears
tbat the purpose of the restriction was to protect the and privacy from the Grantors'
house, as Fourth Addition is directly the Eighth Addition across Drost
The estate of Vincent Drost conveyed Lot block 5, Cndjoo Plat Book 4 page
78 to Alice Poll. The plat referenced is the piat of the Fourth Addition, Examination of
the plat of Lot 12, Block 5 that this lot is across Lot 2, Block 23 of the Eighth
Addition. According to one trustees disposition of this
Vias the family home Vincem Wilver Drost are deceased.
is conspicuously no
able to control the
the Drosts meant to
was not to
s.
as a gift by
lot is sold or
on Lot 1f
on lot 1 as
to a on
carried ouL There is a building
facilities
Question'? Does the money from the
is the restriction
to go to
Sheriff, or
or
The position of mootness is defensible because "quarters" on Lot 1 have been built.
The Grantor's desire has been carried to have a Sheriff's sub-station and ambuia.l1ce
crew available tbe neigbborhood and surrounding community. Any funds obtained
from a sale win reimburse the County for facility built. The grantors' intent
Ot.-en met prior to any A more conservative position might be tJ,11it any sale
proceeds would have to be used to fund, maintain or refurbish the existing aml:mlance
crew quarters. However, iftbere is already funding, the money might be better
used another public purpose.
Do Other concerns - The agenda
hoosing" as to selling them.
mentioned using the
"workforce
1. The area is zoned single family homes, The Planning Department would have
to be consulted as to what is a permitted use. However, a brief discussion about
this staff indicates that housing might be built for the crevv that
qualify as mmily. Vllhether the neighbors agree that the
Declaration language of <"single family residence" and the current definition of
faInily" for zoning, allowing unrelated adults living in a single family
house, the same meaning remains to 00 seen.
2. If building is contemplated, there are setbacks and other construction
regulations in the Declaration of Restrictions mentioned aoove which may
supersede the land development regulations and preclude marmfuctured housing.
If a of
followed.
property is contempla~ the statutory procedures must
CONCLUSION: The lots in question may be sold, The proceeds reimburse the Coonty for
the crew quarters, in excess of the cost County may use the funds as it deems
appropriate. As a prnd:icai matter, one would r..ave to whethcr one would object to
the use of funds, whether crew quarters are sub-standard and need upgrading to
intent of the restrictiml, or whether there are budget issues that would come
County
and regulations
is not an
an
In
be
current
Dormitory