Item Q6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
ADD-ON
Meeting Date: October 19, 2005
Division: County Administrator
Sulk Item: Yes _X_ No
Department: County Administrator
Staff Contract: Connie Cyr
AGENDA ITEM WORDING: Approval of a resolution authorizing acceptance of
certain real property in Mandalay subdivision on Key Largo from the Monroe
County Housing Authority for affordable housing.
ITEM BACKGROUND: The subject property is a 0.71 acre site zoned Urban
Residential. The site is currently developed with a duplex and can be developed
with a total of 14 affordable units. The Land Authority purchased the subject
property in 2001 and conveyed it to the Monroe County Housing Authority for
development with affordable housing. The Housing Authority has not developed
the site to date.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT I AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
YR
APPROVED BY: County Atty --2L OMS/Purchasing _
Risk Management
DIVISION DIRECTOR APPROVAL:
!lfuuna., '1. Wilii
County Administrator
DOCUMENTATION:
Included
x
To Follow Not Required
AGENDA ITEM # Q u
DISPOSITION:
3('52913~ 16
MCl\hOE COJi-JTY ATT
1tj:5CC'1 10-.;t~-20:'~;f)
1 /1
RESOLUTION NO.
A RESqlUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE ACCEPTANCE OF CERTAIN REAL
PROPERTY IN MANDALA Y SUBDNISION ON KEY LARGO
FROM THE MONROE COUNTY HOUSING AUTHORITY FOR
AFFORDABLE HOUSING.
WHEREAS, sections 125.01('1}j and 125.01055, Florida Statutes (FS) empower the Board of
County Commissioners of Monroe County, Florida (hereinafter "BOCC") to take measures
necessary to increase the supply of affordable housing; and
WHEREAS, section 125.35, FS empowers the BOCC to sell or lease rea! property to the
highest and best bidder for the particular use the BOCC deems to be the highest and best or to
adopt by ordinance alternative standards and procedures to sell or lease real property; and
WHEREAS, section 125.38, FS empowers the BOCC to sell or lease real property to
government or not for profit organizations at a price of the BOCe's choosing: and
WHEREAS, based on the above enabling legislation. the BOCC desires to control and oversee
the development of a certain affordable housing site acquired by the Monroe County
Comprehensive Plan Land Authority and sUbsequently conveyed to the Monroe County
Housing Authority; now, therefore,
BE IT RESOLveD BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that:
1. The BOCC hereby agrees to accept title from the Monroe County Housing Authority for the
property in MandaJay subdivision more particularly described in Attachment A
2. The BOCC hereby acknowledges that use of the subject property will be restricted to
affordable housing as defined in the Florida Statutes and the deed into the eocc will
contain the specific deed restrictions shown in Attachment A.
(SEAL)
Attest: DANNY L. KOLHAGE, Clark
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman Dixie M. Spehar
ATTACHMENT A
This Instnlment Prepared By,
Record and Return to:
MEYER & ERSKINE
31211 Avenue A
Big Pine Key, FL 33043
MONROE COUNB
OFFICIAL RllCORDS
FILE .1 261 339
BKlll 7 3 1 PG.2 5 0
RCD Oct 11 2001 12.14PM
DANNY L KOLHAGE, CLllRK
Parcel Identification Number: 00554720,00554720-000100
SPAce ABOve TIllS LINE FOR RECORDING DATA
WARRANTY DEED
THIS INDENTURE, made this..1tdaY of &..1* , 1001, between. MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY, a land authority under Section 380.0663(1), Florida Statutes
and Monroe County Ordinance No. 031-1986 GRANTOR. , whose address is 1200 Truman A venue, Suite 207, Key
West, FL 33040 and THE MONROE COUNTY HOUSING AUTHORITY whose address is, 1403 12th Street,
Key West, FL 33040,GRANTEE.;
(Wherever used herein the terms "Grantor" and "Grantee" shall include all the parties to this instrument and heirs,
legal representatives, and assigns of individuals, and the successors and assigns of corporations.)
WITNESSETH, That said Grantor, for and in consideration of the sum ofTEN AND 00/100 ($10.00)
DOLLARS and other good and valuable consideration, to said Grantor in hand paid by said Grantee, the receipt
whereof is hereby aclcnowlcd~ed, hereby grants, bBIJains, sens, aliens, remises, releases, conveys and confirms unto
the Grantee and Grantee's heIrs, successors and asSigns forever the following described land located in the County
of MONROE, State of Florida, to-wit:
SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A"
SUBJECT TO: Restrictions .s contained in Monroe County Comprehensive Plan
Land Authority Resolution No. 06-1001, attached hereto and made a part hereof
.. Exhibit "B",
SUBJECT TO all 1'estrictions, reservations and easements of record, if any; zoning restrictions and
prohibitions imposed by governmental authority, and taxes for the year 2000 not yet due and payable.
TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
To HA VB AND TO HOLD, the same in fee simple forever.
AND THE SAID GRANTOR does hereby covenant with the said Grantee that the Grantor is lawfully seized
of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby
fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal this day and year fIrSt above
written.
Signed. sealed and delivered in the presence of:
Witness Signature ~
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Pri~~/ ~X~LH
Wi~.z L. '1<.l1){3...~T~
Printed Signature
MONROECOUNTYCOMPREHENSWE
PLAN LAND AUTHORITY
BY:~~
NORA ILLIAMS, CHAIRMAN
STATE OF FLORIDA
COUNTY OF MONROE
The forego~ instrument was acknowledged before me this 25 day ofSOfl!.. .2001, by NORA
WILLIAMS who 'f'l- are personally known to me or ( ) produced - as ulentificatlon.
~(JJ)d~hrV{')
Notary illnature
NOTARY SEAL, COMMISSION EXPIRATION
j) T_ I.undIrIIm
. . Mr 00lmIIIIIan OllCDIIlI
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EXHIBIT "A"
FILg .1 261 339
BK'1731 PG,251
A part of the Northeasterly 125 feet of Block 3, Mandalay, according to the Plat thereof, as
recorded in Plat Book 1, at Page 194 of the Public Records of Monroe County, Florida, being
more particularly described as follows:
Beginning at the Northwesterly comer of the Northeasterly 125 feet of Block 3, aforementioned
Plat ofMandalay, run Northeasterly along the Northwesterly line of said Block 3 for a distance
of 99.99 feet to a point of curvature; thence in a Southeasterly direction along the arc, of a cwve
concave to the South, having a radius of2S.00 feet and a delta angle of90 degrees 01 minutes 03
seconds for a distance of39.28 feet; thence run in a Southeasterly direction along the
Northeasterly line of said Block 3 for a distance of 125.15 feet; thence run with a deflection
angle to the right of 90 degrees 00 minutes 00 seconds from the last described course for a
distance of 44.50 feet; thence run with a deflection angle to the right of90 degrees 00 minutes 00
seconds from the last described course for a distance of 47.97 feet; thence run with a deflection
angle to the left of 90 degrees 00 minutes 00 seconds from the last described course for a
distance of 62.50 feet; thence run with a deflection angle to the left of 90 degrecs 00 minutes 00
seconds from the last described course for a distance of7S.97 feet; thence run with a deflection
angle to the left of90 degrees 00 minutcs 00 seconds from the last described course for a
distance of 107.00 feet to the Northeasterly line of said Block 3; thence run with a deflection
angle to the right of 90 degrees 00 minutes 00 seconds and Southeasterly along the Northeasterly
line of said Block 3 for a distance of 46.88 feet to a point of curvature; thence in a southwcsterly
direction along the arc ofa cwve concave to the West, having a radius of2S.00 feet and a delta
angle of89 degrees 59 minutes 30 seconds for a distance of39.27 feet; thence run in a
Southwesterly direction along the Southeasterly line of said Block 3 for a distance of 100.00
feet; thence run with a deflection to the right of90 degrees 00 minutes 30 seconds from the last
described course for a distance of2S0.02 feet back to the Point of Beginning, containing
24,990.66 square feet, more or less.
J\N) AtID:
A part of the Northeasterly 125 feet of Block 3, Mandalay, according to the plat thereof as
recorded in Plat Book I, at Page 194 of the Public Records of Monroe County, Florida, being
more particularly described as follows:
Commencing at the Northwesterly comer of the Northeasterly 125 feet of Block 3,
aforementioned Plat of Mandalay, run Northeasterly along the Northwesterly line of said Block
3 for a distance of99.99 feet to a point of curvature; thence in a Southwesterly direction along
the arc ofa curve concave to the South, having a radius of25.aO feet and a delta angle of90
degrees 01 minutes 03 seconds for a distance of39.28 feet, thence run in a Southeasterly
direction along the Northeasterly line of said Block 3 for a distance of 125.15 feet to the point of
beginning of the parcel hereinafter described, thence run a deflection angle to the right of 90
degrees 00 minutcs 00 seconds from the last described course for a distance of 44.50 feet, thence
run with a deflection angle to the right of 90 degrees 00 minutes 00 seconds from the last
described course for a distance of 47 .97 feet, thence run with 8 deflection angle to the left of 90
degrees 00 minutes 00 seconds from the last described course for a distance of 75.97 feet, thence
run with a deflection angle to the left of90 degrees 00 minutes 00 seconds from the last
described course for a distance of 107.00 feet to the Northeasterly line of said Block 3, thence
run with a deflection angle to the left of 90 degrees 00 minutes 00 seconds and Northwesterly
along the Northeasterly line of said Block 3 for a distance of2S.00 feet back to the point of
beginning, containing 5994.29 square feet, more or less.
~
Exhibit B
,
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, ,
RESOLUTION NO,
06-2001
FrLE 11 2 6 1 339
BKt1731 PGI252
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING
THE PURCHASE AND CONVEYANCE OF PROPERTY IN
MANDALA Y SUBDIVISION FOR THE PURPOSE OF
PROVIDING AFFORDABLE HOUSING IN PARTNERSHIP WITH
THE MONROE COUNTY HOUSING AUTHORITY.
WHEREAS. section 380.0666(3), Florida Statutes (FS) and section 9.3-2, Monroe County Code,
empower the Monroe County Comprehensive Plan Land Authority (hereinafter "land Authority")
to acquire an interest in real property for the purpose of providing affordable housing to very low,
low, and moderate income persons as defined in section 420.0004, FS, where said acquisitions
are consistent with a comprehensive plan adopted pursuant to Chapter 380, FS; and
WHEREAS. on June 15, 2000, the Land Authority Governing Board adopted Resolution 04-
2000 pertaining to Monroe County Housing Authority Plan 2000, which includes the strategy of
-scattered site single-family and duplex rental housing as a means of providing long-term
affordable housing in a manner consistent with the community character of the Keys; and
WHEREAS, as a means of implementing the scattered site rental strategy, Resolution 04-2000
calls for the land Authority to purchase vacant subdivision lots and convey same to the Monroe
County Housing Authority, subject to deed restrictions addressing affordability requirements;
and
WHEREAS, the Land Authority Advisory Committee considered the subject purchase at a
meeting held on June 28, 2001 and recommends approval by a 4/0 vote; and
WHEREAS, the land Authority Advisory Committee considered the subject conveyance to the
Monroe County Housing Authority and associated deed restriction at a meeting held on July 26,
2001 and recommends approval by a 3/0 vote; NOW, THEREFORE,
BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY:
Section 1. The Chairman of the Land Authority Governing Board is hereby authorized to sign
the Land Authority's standard purchase contract for the purchase of Part of Block 3, Mandalay
subdivision (pe 1-194) on Key Largo. having the parcel identification numbers of 554720-
000000 and 554720-000100 (hereinafter .subject property") at a purchase price of $325,000.00.
Section 2. At closing, the Chairman of the Land Authority Governing Board is hereby authorized
to sign a deed conveying the subject property to the Monroe County Housing Authority. Said
deed shall restrict future use of the property to the guidelines specified in Section 3 below.
Section 3. Future use of the subject property is limited to residential development for occupancy
by very low, low. or moderate income persons as defined in section 420.0004, Florida Statutes,
and as further restricted by Monroe County regulations and the Monroe County Housing
Authority rental affordability policy, said policy being identified as deed restrictions in Attachment
A. Notwithstanding the 50-year affordability period in the Housing Authority affordability policy,
these deed restrictions shall not expire and may only be released by the land Authority.
Page 1 of 2
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FILE 31 26 1 3 3 9
BKi1731 PG,253
. . __._.0'_-
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regular meeting on this 19th day of' . July 2001.
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Executive Director
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
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Nora Williams
Chairman
Approved for Legal S~Ciency
L_
.Larry R Erskine
Page 2 of 2
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ATTACHMENT A
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!7ILR Ii 1 2 6 1. 3 3 9
BKt1731 PGt254
DEED RESTRICTIONS
The property shall be developed with affordable housing for very low, low, or moderate income
persons as defined in section 420.0004, Florida Statutes, consistent with the following policies of
the Monroe County Housing Authority:
1. Income targeting shall be at 80% of median adjusted for family size. Income targeting may
increase to 120% to maintain occupancy levels and financial feasibility but not to exceed
40% of project units.
2. Rental rates shall not exceed the Housing Credit (HC) program as adjusted annually for
residents at 80% of the median and State Housing Initiatives Partnership (SHIP) program
rental rates for residents at 120% of the median.
3. The compliance requirements shall be the same as the HC program as contained in the
Florida Housing Finance Corporation (FHFC) Compliance Manual and shall be the
. · responsibility of the developer to insure compliance annually.
4. The income targeting (rents) program requirements for the HC, MRS, SAIL, and HOME
programs when competitively obtained requiring lower rents shall take precedence.
5. The US Department of Housing and Urban Development occupancy requirements (family
composition) shall be adhered to, as they pertain to occupancy.
The above restrictions shall not expire and may only be released by the Monroe County
Comprehensive Plan Land Authority.
MONROR COUNTY
OFFICIAL RECORDS
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