Item K3LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: August 20, 2008
Division: Land Authority
Bulk Item: Yes No X Contact / Phone #: Mark Rosch / 295-5180
Agenda Item Wording: Approval of a resolution authorizing the conveyance of the Sea Grape
Apartments Phase II site (RE #103560-000201 and 103560-000203) to the Monroe County Board of
County Commissioners for affordable housing.
Item Background: The proposed resolution imposes affordable housing deed restrictions and
authorizes the Land Authority to convey the property to the BOCC. It is anticipated the BOCC will then
lease the property back to the Seller for development with affordable housing.
Advisory Committee Action: On 11/28/07 the Land Authority Advisory Committee voted 5/0 to
approve this resolution, subject to the property being removed from the FEMA list if necessary. (The
property has been removed from the FEMA list.)
Previous Governing Board Action: On 9/20/06 and 10/18/06 the Board tabled consideration of this
item pending resolution of closing issues regarding easement agreements and the proposed lease from
the BOCC.
Contract/Agreement Changes: N/A
Staff Recommendation: Approval.
Total Cost: $535.50 Budgeted: Yes X No
Cost to Land Authority: $535.50 Source of Funds: Land Authority
(Tourist Impact Tax and State Park Surcharge)
Approved By: Attorney X County Land Steward
Documentation: Included: X To Follow: Not Required:
Disposition: Agenda Item
WIM
Purchase
Price
Vaca Key Acreage $0.00
RE#00103560-000201 and
RE#00103560-000203
(Sea Grape Apartments, Ltd. - Phase II)
Conveyance to BOCC
08/20/08
Envr. Audit, Survey
Title
Attorney
Recording
Total
or Clean-up
Insurance
Fee
Fee
Costs
$0.00
$0.00
$500.00
$35.50
$535.50
RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING
THE CONVEYANCE OF THE SEA GRAPE APARTMENTS
PHASE II SITE ON KEY VACA TO THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS FOR AFFORDABLE
HOUSING.
WHEREAS, section 380.0666(3), Florida Statutes and section 9.3-2, Monroe County Code
empower the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority")
to acquire and dispose of interests in real property for the purpose of providing affordable
housing; and
WHEREAS, the Land Authority has entered into a contract to acquire real property on Key Vaca
(RE #103560-000201 and 103560-000203) which is the proposed site of the Sea Grape
Apartments Phase II affordable housing development and is more particularly described as the
Top Phase I I and Bottom Phase I I parcels in Exhibit A; and
WHEREAS, the Monroe County Board of County Commissioners desires to provide necessary
housing while protecting long-term affordability by leasing the site back to the seller for
development;
WHEREAS, the Land Authority Advisory Committee considered the proposed conveyance to
the Monroe County Board of County Commissioners at a meeting held on November 28, 2007
and voted 5/0 to recommend approval; NOW, THEREFORE,
BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY,
THAT:
The Chairman of the Land Authority Governing Board is hereby authorized to sign a deed
conveying title to the Top Phase II and Bottom Phase II parcels identified in Exhibit A to the
Monroe County Board of County Commissioners. Said deed shall restrict future use of the
property as specified in Exhibit B.
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regular meeting on this 20th day of August, 2008.
(Seal)
ATTEST:
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
Mark J. Rosch Charles "Sonny" McCoy
Executive Director Chairman
Approved for Legal Sufficiency
Larry R. Erskine
I\I
EXHIBIT "A"
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Sea Grape Apartments, LTD.
U.S. Highway No. 1. Marathon, Florida
Sketch to accompany Legal Description Dwn No.:
Phase Il 07-367
fl. 00 ane o.scale; 1"-10O' Dwn. F.r
Dots: 9/7/47 lhood em: AE 004
Sleet 1 of 2 I
FREDERICK H. HILDEBMNDT
ENGINEER PLANNER SURVEYOR
3152 NoMslde Drive
S%Ate 201
MKaywest. Ft. 33040
S) 293-0466
Foz. (305) 293-0237
Ihiloeo 1mprOwuth.nel
Legal Description: Phase I:
A parcel of land in Section 11, Township 66 South. Range 32 East, Key Voco, Monroe County, Florida, more particularly
described as follows;
Begin at the intersection of the East line of sold Section 11 and the Southeasterly right of way line of U.S. Highway 1; thence
South along the said East line of Section 11 for 285.00 feet to the Point of Beginning; thence tontine South for 574.00 feet;
thence West for 91.55 feet; thence North for 24.61 feet; thence West for 140.00 feet; thence North for 549.39 feet; thence Lost
for 231.55 feet to the Point of Beginning;
Containing 129463 s.f. or 2.97 acres, more or less.
Legal Description: Top Phase II
A parcel of land in Section 11, Township 66 South, Range 32 East, Key Voco, Monroe County, Florida, more particularly
described as follows:
Begin at the intersection of the East tine of said Section 11 and the Southeasterly light of way line of U.S. Highway 1; thence
South along the said East line of Section It for 285.00 feet; thence West for 231.55 feet; thence North for 190.74 feet to the
Southeasterly Right -of -Way line of U.S. Highway No. 1; thence N 6751'00" E along the said Southeasterly Right -of -Way line of
U.S. Highway No. 1 for 250.00 feet back to the Point of Beginning.
Containing 55079 s.f. or 1.25 acres, more or less.
AND
20' Strip
A Strip of land in Section 11, Township 66 South, Range 32 East, Key Voca, Monroe County, Florida, more particularly described
as follows:
Commencing at the. intersection of the East Line of said Section 11 and the Southeasterly Right -of --Way Line of U.S. Highway No.
1; thence South 67'51'00" West, along said Southeasterly Right -of -Way Line, for 250.00 feet, to the Point of Beginning; thence
South, parallel to said East line of Section 11, for 344.52 feet; thence West for 20.00 feet; thence North for 336.48 feet, to
said Southeasterly Right -of -Way Line; thence North 67'51'00" East along said Southeasterly Right -of -Way Line for 21.59 feet,
back to the Point of Beginning.
Containing an area of 6,811.30± square foot (0.156 acres more or less).
Legal Description: Bottom Phase II
A parcel of land in Section 11, Township 66 South, Range 32 East, Key Vaco, Monroe County, Florido, more particularly
described as follows:
Commence at the intersection of the East line of said Section 11 and the Southeasterly right of way line of U.S. Highway 1;
thence South along the said East line of Section 11 for 859.00 feet to the Point of Beginning; thence continue South along the
said East line of Section 11 for 70.23 feet; thence West for 231.55 feet; thence North for 94.84 feet; thence East for 140.00
feet; thence South for 24.61 feet; thence East for 91.55 feet bock to the Point of Beginning.
Containing 19707 s.f. or 0.45 acres, more or less.
Legal Description: Access Easement
A parcel of land in Section 11, Township 66 South, Range 32 East, Key Voca, Monroe County, Florida, more particularly
described as follows:
Commence at the intersection of the East line of said Section 11 and the Southeasterly right of way line of U.S. Highway 1;
thence Southwest along the said Southeasterly right of way tine of U.S. Highway 1 for 245.65 feet to the Point of Beginning;
thence S 25'48'D7" E for 0.54 feet to o point on a curve to the right having a radius of 40.00 feet and a central angle of
26110'45"; thence along said curbs for 18.28 feet; thence S 00'22'37" W for 169.16 feet to a point on a curve to the left
having o radius of 45.49 feet and a central angle of 6'23'06 thence along said curve for 5.07 feet; thence West for 7.27 feet;
thence South for 143.87 feet to a point on a curve to the right having a radius of 444.09 feet and a centtol angle of
19'27'06"; thence along said curve for 150.77 feet; thence N 00'23'01" E for 163.65 feet to a point on a curve to the left
having a radius of 30.00 feet and a central angle of 26'11'08"; thence along sold curve for 13,71 feet; thence N 25*48'07" W
for 0.72 feet to the Southeasterly right of way line of U.S. Highway No. 1; thence N 67'51'00" E along the said Southeasterly
right of way line of U.S_ Highway No. 1 for 24.94 feet back to the Point of Beginning,
Containing 6337 s.f. or 0.15 acres, more or less.
Legal Description: Drainage Easement:
A parcel of land in Section 11, Township 66 South, Range 32 East, Key Voco, Monroe County, Florida, more particularly described
as follows:
COMMENCING at the intersection of the East Line of said Section 11 and the Southeasterly Right -of -Way Line of U.S. Highwoy No.
1; thence South along said East Line of Section 11 for 929.23 feet to the Point of Beginning; thence continue South for 15.84
feet; thence West for 231.55 feet; thence North for 15.84 feet; thence East for 231.55 feet, back to the Point of Beginning.
Containing an area of 3,667.752f square foot.
CERTIFICATION MADE TO:
Falcon Pass, LTD.; Steams Weaver
Miller Weissler Alhodeff &
Sitterson, P.A.; Attorneys' Title
Insurance Corporation; Lawyers
Title insurance Company; Chicago
Title Insurance- Company; Wachovia
Bank, its successors and/or
assigns, as their interest may
appear, Sea Grope Apartments,
LTD., a Florida limited partnership;
Monroe County Comprehensive
Plan Land Authority; Monroe
County, Florida; Larry R. Erskine,
P.A.
CERTIFICATION:
I HEREBY CERTIFY that the atta ed Sketch to accompanyy Legal Description
is true and correct to the best of my knowledge and beleif; That it meets the minimum
technical standards adopted by the Florido Board of Land Surveyors, Chapter 61 G17-6,
Florida Statute Sectj�n 472.0 . and the American Land Title Association, and that
there are no visibl encroac mess shown hereon.
FREDERICK H. HfLDEB"T N
Professional Land Surv@yor & Mapper No. 2749
Professional Engineer No. 36810
State of Florida
NOT VALID UNLESS EMBOSSED W;TH RAISED SEAL & SIGNATURE
Sheet 2 of 2
Soo Grape Apartments, LTD.
U,S. Highway No. 1, Marathon, Florido
Sketch to accompany Legal Description p"� No.:
Phase II 07-367
scolo� 1"=100'
FREDERICK H. I&DEBRANDT
i NONEER PLANNER SURVM
3152 Northa;de Dd-
Suite 2a1
Kryry west, F1. 33040
F3051
. ax. (305) a5) 293 2?3-a23T
%1deb1*ft4 1h-t
EXHIBIT B
AFFORDABILITY COVENANTS
1. Term. These affordability covenants are perpetual, run with the land, and are binding on all
present and subsequent owners and mortgagees.
2. Property Use. Use of the property shall be restricted to the provision of affordable housing
as defined in section 380.0666(3), Florida Statutes, as said statute may be amended from
time to time.
3. Monitoring. Grantee is responsible for ensuring compliance with the affordability covenants
contained herein and expressly agrees to furnish, upon Grantor's request, written
certification thereof.