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Item H8a =1 =-�� 11111 k � ELVO 010 1-7,119 0 9 D10 Ft-'11JJJ ILVA rtv M Meeting Date: October 17, 2012 Division: Growth Management Bulk Item: Yes X No - Department: Planning & Environmental Resource K-TH 3101 ITIM N I DILTA WAT11 RI) 10 17, a I ro i L-tf 14 1 IS) I VA1.14 LIAWLS) 1114 10,114 1 N VAI, s - 7MI51W, In# Tt - i - so B&jW"Q O-t JaTua-w J6, 211,11J, Ili C, JiSSIO-f innroved.7a alli AMR 17. iTnum WoiZrmlt apm11114T.1-4.234 provioedTffe appTicanTs AYforWole flousing Pea Restriction was approved by the Growth Management Division Director. The Affordable Housing Deed Restriction was recorded in the Monroe County Public Records on July 27, 2005 prior to the permit being issued on August 31, 2005. Subsequently, on March 30, 2007 the applicant withdrew and rescinded his affordable housing allocation. Aaron L. Arnold applied for a market rate allocation July 27, 2007, for building permit application 04100234. On March 9, 2011 the Planning Commission approved a market rate allocation for ROGO/building permit application 04100234. The permit was issued June 3, 2011 and subsequently placed on hold because of the FEMA Injunction. Ww"ITITWITFL1111111 11fP'CrLJ-1; - I -1-TrenuprurTrui onner, f Affordable Housing Restriction recorded in the Monroe County Official Records File #1531209, Book #2136, Page #1651-1652 since the affordable housing allocation was withdrawn (rescinded). PREVIOUS RELEVANT BOCC ACTION: On June 23,1992, the BOCC adopted Ordinance No. 016- 1992,(original ROGO ordinance) and on March 15, 2006 adopted Ordinance #009-2006 (Revised Residential Rate of Growth - Tier Ordinance). CONTRACT/AGREEMENT CHANGES: N/A. STAFF RECOMAIENDATION: Approval TOTAL COST: x 119111" py I 00130HE1 �. REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A Year N/A APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required DIISPOSITION: AGENDA ITEM # Prepared by and return to: Susan Grimsley Office of the County Attorney 1111 12`t' Street Suite 408 Key West, FL 33040 RE# 00172061-001200 RELEASE OF DEED RESTRICTION FOR AFFORDABLE HOUSING Whereas, Aaron L. Arnold filed a deed restriction for affordable housing on July 27, 2005, in OR Book 2136 at Page 1651 in favor of Monroe County, Florida to insure development of affordable housing on the following property: Lot 12, Vacation Harbor, according to the plat thereof recorded at Plat Book 6, Page 47 of the public records of Monroe County, Florida Whereas, the deed restriction was unnecessary; Now, therefore, on this 17th day of October, 2012, Monroe County by and through its Board of County Commissioners hereby releases the above legally described property from the deed restriction recorded in OR Book 2136 at Page 1651 of the Official Records of Monroe County. ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk BOARD OF COUNTY COMMISSIONERS MONROE COUNTY Mayor David Rice MONK COUNTY ATTORNEY APR VEa AS TO FORM [Date. efel Doan 15.312189 07/27/2= 11:01PM Filed & Recsraed in OfficLai Records of flWW CM" DIVIN1f L . KMME DeM 1931209 Skit 2235 Pop IN& MONROE COUNTY PLANNING DEPARTMENT AFFORDABLE HOUSING DEED RESTRICTION STATE OF FLORrohA COUNTY OF MONROE Notice is hereby given flat Lam. / /w I. t1 NG, a un irsigned is/are the sole owner(s) of certain real property, situated, lying and being in Monroe County, State of Florida, described as foliawa Lot(s): Block:. Subdivislon:*AWA) LQyKey PB:� (If legal description Is metes and bounds, attach a separate sheet) Deal Estate plumber: - - 00172MI.00120o It. "rhe residential unit Building Permit Number is „.04=1-023 III. Under the owner-occupWildeveloper median 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 haws been exempted from payment of "Fair Share Impact fees" for a (check one): a single-family X_, a multi-famNy unit, a rrlobb home - tube constucted on said reef property. 11/_ The anaual adjusted gross Income for the owner-oaaipied or tenant -occupied household does not exceed 80 percent of the median adjusted gross annual Income within i4lonroe 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 feet of habitable space for a period of at least thirty (30) years. AFFORDABLE HOLIS=DEED RESTRICTION Page 1 oft RE Na- 00172061.001200 DOW IB312178 0" 2136 Peq 1632 VI. The Maximum sales price, owner occupied affordaWe 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 applicants) have used the affordable housing program to gain additional points in the permit allocation system pursuant to Monroe County Section 9.5422.3(6). Vila. The covenants shall be effective for thirty (30) years, but shall not commence running until a cerKmate 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. AS of the restrictions herein shalt be binding upon any transferees, lessees, helm, assigns or successors in the chain of title. VWe certify that live amiam familiar with the information herein contained and that it is true and correct to the best of my knowledge and belief, and Vwe wlil abide by the above stated restrictions pursuant to Monroe County Code Chapter 9.6 as may be amended from time to time. W o? / 'k 6 I (Signature) j k (Print/Type, Name) The produced an oath. " C-~M y1\ AFFORDABLE HOUSLN1 RE No.: 00172061.001200 MONROE COUNTY OFFICIAL RECORDS r J • (Signature) Address,. i 1 a • �\ i1 �fvo� ,.: - r. . . SUSAN M. RATHBUN Notary Public (Print Na ) �.Qan nn hojww�'� 05/03®2001 THU 10e48 FAY. iR3510 002/002 i7k. Arnold respecffully request to withdraw his affordable housik-T� aflocation and resubmit under mmicet rate Rogo. He, is aware that iebe several;t,i Y. J'Iejlj4iw iris 041 ;1"1 Permit • o4tOO234 Subdivision:VacationHarboil Sugarloaf Pansweeting � !- Inc.Property + �.. .ner io 30051 POND LANE Bice PINE KET FLORIDA 33043 (305) 872-9520 (Mm $72-4791 FAx ker.can