Resolution 110-2006
EXHIBIT A
RESOLUTION NO. 110 -2006
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~ w1\ RESOLUTION OF THE BOARD OF COUNTY
~?i~~OMMISSIONERS OF MONROE COUNTY, FLORIDA,
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9~~UTHORIZING THE CONVEYANCE OF LOT 22, BLOCK
-,j~~, PUERTA DEL SOL SUBDIVISION IN MARATHON TO
>-~iDHE HABITAT FOR HUMANITY OF THE MIDDLE KEYS
~u~MMUNITY LAND TRUST, INC. FOR THE PURPOSE OF
c3 ~OVIDING AFFORDABLE HOUSING
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WHEREAS, the Board of County Commissioners of Monroe County, Florida ("Board")
obtained a parcel of land from the Monroe County Comprehensive Plan Land Authority on
October 19, 2005, for the purpose of building affordable housing; and
WHEREAS, this parcel is legally described as Lot 22, Block D, Puerta del Sol Subdivision,
according to the plat thereof as recorded in Plat Book 3, Page 117 of the Public Records of
Monroe County, Florida ("Property"); and
WHEREAS, The Habitat for Humanity of the Middle Keys Community Land Trust, Inc.
("Trust") is a Florida non-profit corporation which has applied to the Board for the transfer of
the Property to the Trust; and
WHEREAS, the purpose of the Trust is to acquire real property, enable construction of housing
for very low, low and moderate income persons for lease or purchase subject to a ground lease
with the Trust, in order to preserve said real property as residential affordable housing in
perpetuity; and
WHEREAS, the Board finds that there is an acute need in Monroe County for affordable
housing and the Trust is able to develop the Property at this time for that purpose; and
WHEREAS, the Trust has not developed a resale formula pursuant to Article XI of its bylaws;
and
WHEREAS, the Property is not needed for any other county purpose, and development by the
Trust serves the public and community interest and welfare; and
WHEREAS, such a conveyance is authorized pursuant to Florida Statute Sec.125.38;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY:
Section 1. That the Property shall be conveyed by Monroe County by execution of a deed signed
by its Mayor or Mayor Pro Tern to the Trust for the price of Ten Dollars ($10.00).
Section 2. That the Trust shall pay any costs associated with this transaction.
Section 3. That the following restrictions shall apply and shall be referenced on the deed by
Resolution Number which resolution shall be attached thereto:
Page 1 of2
EXHIBIT A
A. That any transfer of an owner's interest in improvements shall be contingent upon the
Trust maintaining the right of first refusal on transfers and sales of improvements to the
Property or providing the Seller with a qualified Buyer.
B. That the Property shall revert to Monroe County if the Trust is dissolved or the Trust sells
the property other than as affordable housing.
C. That the resale formula for this property shall be the resale formula used by Monroe
County for affordable housing.
D. That improvements located on the property shall be owner occupied and used as the
homeowner's primary residence.
E. That the property may not be encumbered for any purpose except for encumbrances for
projects resulting in capital improvements to the property and encumbrances imposing
additional affordability covenants.
F. Future use of the property is limited to use for single family housing by very low, low or
moderate income persons as defined in Sec. 420.0004, Florida Statutes or as amended.
G. Grantee Trust is responsible for insuring compliance with the affordability covenants
contained herein and expressly agrees to furnish, upon Grantor Board's request, written
certification of compliance.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 15thdayof March ,2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Murray Nelson
Commissioner George Neugent
Commissioner David Rice
Commissioner Dixie Spehar
Yes
Yes
Yes
Yes
Yes
Atte~!: DANNY L. KOLHAGE, CLERK
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BOARD OF COUNTY COMMISSIONERS
OF MONROE UNTY, FLORIDA
By:
Date: ;1.- 6- t/ h
MONROE COUNTY ATTORNEY
APPROVED AS TO F M:
Page 2 of2
SUSAN M. GRI
ASSISTANT COUNTY
THIS INSTRUMENT PREPARED BY AND RETURN TO:
Susan M. Grimsley, Assistant County Attorney
P.O. Box 1026
Key West, Florida 33041-1026
Property Appraisers Parcel Identification (Folio) Number: 00341680-000000
SPACE ABOVE THIS LINE FOR RECORDING DATA
THIS DEED, made the 15th day of March, 2006, by Monroe County, a political subdivision of the
State of Florida, whose address is 500 Whitehead Street, Key West, Florida 33040, herein called the
Grantor, to The Habitat for Humanity of the Middle Keys Community Land Trust, Inc., whose
address is Post Office Box 500067, Marathon, Florida 33050, hereinafter called the Grantee:
(Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal
representatives and assigns of individuals. and the successors and assigns of corporations)
WIT N E SSE T H: That the Grantor, for and in consideration of the sum of TEN AND 00/1 OO'S
($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby
grants, bargains, sells, aliens, remises, releases, and conveys unto the Grantee the following described
land lying and being in Monroe County, State of Florida:
Lot 22, Block D, PUERTA DEL SOL SUBDIVISION, according to the plat thereof as
recorded in Plat Book 3, Page 117, of the Public Records of Monroe County, Florida.
Subject to affordability covenants referenced in the deed from the Monroe County
Comprehensive Plan Land Authority to Monroe County recorded at OR Book 2166, Page
1984. Subject to easements, restrictions and reservations of record and taxes for the year
2006 and thereafter.
SUBJECT TO: Affordability Covenants and Restrictions in favor of Grantor herein, as
adopted by Resolution Number 110-2006 of the Monroe County Board of County
Commissioners attached hereto as Exhibit A.
THE PROPERTY CONVEYED HEREIN IS NEITHER THE DOMICILE NOR THE
HOMESTEAD OF THE GRANTOR HEREIN NOR HISIHER SPOUSE NOR ANY OF
HISIHER IMMEDIATE HOUSEHOLD AS DEFINED BY THE LAWS OF THE STATE
OF FLORIDA.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name by its
Boar,gJ~fA.~.~nty Commissioners acting by the Mayor/Chairman or Mayor Pro TemNice Chair of said
b~~l1e'~1::Aa4 year aforesaid.
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f','(SEAL}/' \k, ~,>\ ,.,\ BOARD OF COUN MMISSIONERS
, .' ", \J" OF MONROE C , FLORIDA
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':I\.TTESr: DANNYL. KOLHAGE, CLERK By /'
~~c. . L2-u'A~ Mayor/Chai
Clerk/DeputyClerk