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Item I5 LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: December 15, 2004 Bulk Item: Yes No l Department: Land Authority Agenda Item Wording: Approval of an interlocal agreement with the Village of Islamorada concerning the WetNet property. Item Background: The WetNet property consists of 4.3 acres at MM 81 on Upper Matecumbe Key zoned Highway Commercial. Approximately 1 acre is developed with a single family home, a tennis pro shop, and tennis courts. The balance of the property is vacant land with disturbed vegetation and a 0.1 acre area of hammock. The Village nominated the property for Land Authority purchase for workforce housing, conservation, and recreational amenities. Staff has submitted the attached interlocal agreement to the Village for consideration on December 9, 2004. Once there is a consensus between the Village and the Land Authority regarding the proposed deed restrictions, staff will proceed with negotiating a contract to purchase the property, Following purchase by the Land Authority, the Village resolution requests the Land Authority to convey title to the Village. The proposed agreement and deed restrictions call for the property to be developed with 52 units of affordable housing (the maximum permitted as of right by the property's zoning) either in the form of rental housing or homeownership housing subject to a 99-year ground lease where the land is perpetually held in trust. Advisory Committee Action: On November 30, 2004 the Committee approved the proposed interlocal agreement (5/0). Previous Governing Board Action: On August 17, 2004, sitting as the BOCC, the Board held a joint meeting with the Islamorada Village Council and discussed the Wet Net property. Contract/Agreement Changes: N/A Recommendation: Approval Total Cost: N/A Budgeted: Yes _ No Cost to Land Authority: N/A Source of Funds: Approved By: Attorney -2L- County Land Steward Executive Director Approval: ~ ~a~h Documentation: Included: ~ To Follow: Not Required: Disposition: Agenda Item LA #5 MONROE COUNTY LAND AUTHORITYNILLAGE OF ISLAMORADA INTERLOCAL AGREEMENT WETNET PROPERTY THIS 1NTERLOCAL AGREEMENT (the "Agreement"), is made and entered into this _ day of ,20_, by and between the Monroe County Comprehensive Plan Land Authority, a land authority established pursuant to ~380.0661, Florida Statutes, hereinafter referred to as "Land Authority," and Islamorada, Village of Islands, Florida, a municipal corporation of the State of Florida, hereinafter referred to as "Village." WHEREAS, the Village incorporated on December 31, 1997 and is located within the Florida Keys Area of Critical State Concern; and WHEREAS, the Village nominated the property identified in Exhibit A (hereinafter "subject property") for acquisition by the Land Authority for the purpose of providing land for conservation, public recreation, and affordable housing as memorialized in Village Resolution 03-08-40; and WHEREAS, should the Land Authority purchase the subject property and convey same to the Village, as requested by Resolution 03-08-40, the Land Authority will impose deed restrictions to insure future use of the subject property is consistent with the Land Authority's enabling legislation; and WHEREAS, the Land Authority requests the Village to commit to the terms of the deed restrictions as a condition of the acquisition; and NOW THEREFORE, in the event the Land Authority is able to purchase and convey title to the subject property to the Village, the Village d~es hereby agree to accept and abide by the deed restrictions identified in Exhibit B, including the requirement of developing the subject property with at least 52 units of affordable housing in accordance with ~20.0004. Florida Statutes. The ISLAMORADA, VILLAGE OF ISLANDS, acting by and through its MAYOR, has executed this agreement on behalf of ISLAMORADA, VILLAGE OF ISLANDS this day of ,20_. ATTEST: ISLAMORADA, VILLAGE OF ISLANDS (Seal) By: Village Clerk Chris Sante, Mayor Approved for Legal Sufficiency Page 1 of 2 The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its CHAIRMAN, has executed this agreement on behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of 20_. ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (Seal) By: Mark J. Rosch, Executive Director David P. Rice, Chairman Approved for Legal Sufficiency Larry R. Erskine Page 2 of 2 I "EXHIBIT A" FILE # 1 4 1 :3 -, 6 -, BK# 1 9 5 a PG# 4 5 2 Parcel A - A parcel of land on Upper Matecumbe Key, Monroe County, Florida, being a part of Lot 5, according to a map or plat of a subdivision of Government Lots 1, 2 and 3, Section 32, Township 63 South, Range 37 East, and all of Government Lot 1, Section 5, Township 64 South, Range 37 East, made by Geo. L. MacDonald, Civil Engineer, and recorded in Plat Book 1 at Page 41 of the Public Records of Monroe County, Florida, said parcel being "TRACT 2" of Survey of Scarboro & Roberts Tracts according to a map or plat thereof recorded in Plat Book 2 at Page 53 of the said Public Records, said parcel also being a part of the lands described by Deed recorded in Official Records Book 57 at Page 296 of the said Public Records, said parcel being more particularly described as follows: Beginning at a point on the Northwesterly Right-Of-Way line of Old State Road No. 4-A the same being the Southwesterly comer of the said TRACT 2 if Survey of Scarboro & Roberts Tracts, run N 29 degree~ 53 minutes 06 seconds W along the Southwesterly line of the said TRACT 2 for 462.45 feet to a point on the Southeasterly Right-Of-way line of State Road No.5, (U.S. Hwy No.1) the same being the Northwesterly corner of the said TRACT 2; thence run N 46 degrees 09 minutes 22 seconds E along the said Southeasterly Right-Of-Way line for 261.75 feet to the Northeasterly comer of the said TRACT 2, the same being the Northwesterly comer of the "Amended Plat of Survey of Edney Parker Property" according to the Plat thereof recorded in Plat Book 2 at Page 114 of the said Public Records; thence run S 30 degrees 01 minute 33 seconds E along the Northeasterly line of the said TRACT 2 and along the Southwesterly line of the said "Amended Plat of Survey of Edney Parker Property". the same being the Northeasterly line of the said Lot 5 according to the said map or plat recorded in the said Plat Book 1, Page 41, for 521.43 feet to a point on the said Northwesterly Right-Of-Way line of Old State Road No.4-A, the same being the Southeasterly comer of the said TRACT 2 and the Southwesterly corner of the said "Amended Plat of Survey of Edney Parker Property"; thence run Southwesterly along the said Northwesterly Right-Of-Way line of Old State Road No. 4-A and along an arc of a curve to the right of radius 597.00 feet 101.80 feet to a point of tangency; thence run S 61 degrees 07 minutes 13 seconds W along the said Northwesterly Right-Of-Way line for 153.89 feet to the Point of Beginning of the herein described parcel of land. Bearings hereinabove mentioned are Plane Coordinate for the Florida East Zone and are based on ties to Florida Department of Transportation Second Order Traverse Stations 90-75-A03 and 90-75-A04. , . FILE . 1- 4- 1- :3 7 6 7 BKt 1- 9 5 a PC, 4: 5 3 "EXHIBIT A" - continued Parcel B - That part of Lot 5 according to a Plat of part of Government Lot 1, all of Lots 2 and 3 of Section 32, Township 63 South, Range 37 East and aU of Lot 1 of Section 5, Township 154 South, Range 37 East as surveyed for Lee Pinder by G.L. MacDonald and recorded In Plat Book 1, Page 41, Public Records of Monroe County, Florida, described as follows: Commencing at a point on the shoreline of the Atlantic Ocean, 615 feet Northeasterly from the dividing line between Lots 5 & 6 of said Plat, which point Is the Southwest corner of Scarboro and Roberts Tracts, according to the Plat thereof, recorded In Plat Book 2, Page 53, of the Public Records of Monroe County, Florida, thence Northwesterty along the Southwesterly line of Scarboro and Roberts Tract, 456.12 feet to a point on the Nort~westerty line of the Old Highway and the Point of Beginning of the Tract hereinafter described; THENCE continue Northwesterly on the same course 462.70 feet to the Southeasterly line of State Road No.5, (U.S. #1); thence Southwesterly along the Southeasterly line of State Road No.5, 75.45 feet; thence In a Southeasterly direction parallel to the Southwesterty fine of Scarboro and Roberts Tract 445 feet more or less to the Northwesterly line of the Old Highway; thence Northeasterly along Northwesterly line of the 'pld Highway 74.01 feet to the Point of Beginning; containing .77 acres more or less. Parcel C . Part of Lot 5 of MacDonald's Subdivision. according to the Plat thereof, as recorded In Plat Book 1. at Page 41, of the Public Records of Monroe County, Florida, more particularly described as follows: From a point of the intersection of the Southeasterly Rlght.Of-Way of Overseas Highway and the line dividing Lot$ 4 and 5 of said Subdivision, proceed in a Southwesterly direction along said Southeasterly Right-Of. Way of Overseas Highway for a distance of 413.07 feet to the Point of Beginning, said Point of Beginning being the Northwesterly corner of the property herein described and the Intersection of the Northeasterly boundary of Melnzlnger Art Colony Subdivision, according to the Plat thereof, as recorded in Plat Book 2, at Page 84 of the Public Records of Monroe County, Florida, and the Southeasterly Right-Of-Way of said Overseas Highway. From said Point of Beginning turn left through an angle of 75 degrees 58 minutes and proceed in a Southeasterly direction at Northeasterly boundary of said Melnzlnger Art Cplony SubdMslon a distance of 427 feet more or less, to the Northwesterly Right.Of-Way line of the Old Overseas Highway (State Road No. 4.A); thence In a Northeasterly direction along the Northwesterly Right-of-Way of said Old Overseas Highway a distance of 74.27 feet to a point; thence in a Northwesterly direction along a line parallel to the Southwesterly boundary of the property herein described a distance of 445 feet. more or less. to the Southeasterty boundary of the Right.Of..Way of the Overseas Highway; thence In a Southwesterly direction along the Southeasterly Right-Of-Way of said Overseas Highway a distance of 76.00 feet to the Point of Beginning. . , MONROB COUNTY OFFICIAL RECORDS EXHIBIT B DEED RESTRICTIONS 1. Restriction Period. These deed restrictions shall run in perpetuity with the property in favor of the Monroe County Comprehensive Plan Land Authority (hereinafter "MCLA"). . 2. Land Use and Development. No development other than passive recreational facilities shall be allowed within the property's tropical hardwood hammock area. Outside of the property's tropical hardwood hammock area, future use of the property shall be restricted to permanently affordable housing, consisting of 52 units, in the form of either rental housing or homeownership housing subject to a 99-year ground lease where the land is perpetually held in trust. a) Income Qualified Occupants. Occupancy of the housing units shall be restricted to very low income persons, low income persons, or moderate income persons as defined in S420.0004, Florida Statutes. b) Affordability. Rents and/or mortgage payments shall be affordable as defined in 9420.0004, Florida Statutes. 3. Affordability Monitorino. Prior to occupying the property, all residents must be certified by the Monroe County Housing Authority as to compliance with Paragraphs 2a and 2b above. The Village of Islamorada shall be responsible for obtaining said certifications from the Monroe County Housing Authority and shall provide a copy thereof to MCLA. Restrictions Acknowledged and Accepted by Islamorada, Village of Islands. By: Date: Chris Sante, Mayor 00;>:-; 5l ...J~~ , g:<( ~ 00 o:.Z <(=> U~ o <(Z Q::; o:.z 0- -1<( LL.2 ~ J <( ~~ OCD ct D Uz ~~ ~g w CD 0:.2 w=> o...U ~~O 2 Q " < . /'<' , , BASIN ~ /' LITTLE BASIN_ - ""- -, ( ". Co ~. #~o.~':\ ~o( ~\etl>" '\~ \ .... ... ...'" \ Mile Marker 81 Island Upper Matecumbe Property WetNet (Tropic Leisure Recreation Development, Inc.)