Item I01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 19. 2003
Division: Growth Management
Bulk Item: Yes -X- No
Department: Environmental Resources
AGENDA ITEM WORDING: Approval for a Grant Conservation Easement for Tradewinds
Hammocks, Ltd. Owning all of Tract E, RE number: 00454611-000500 and Tradewinds Hammocks n,
LLC owning Lots 1-4 and approximately 70 feet of the easterly portion of lot 5, Block 4 Industrial
Acres Subdivision, Monroe County, RE numbers: 0045550-000000,00455560-0000000,00455570-
000000,00455580-000000,00455590-000000.
ITEM BACKGROUND: none
PREVIOUS RELEVANT BOCC ACTION: none
CONTRACT/AGREEMENT CHANGES: none
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
$51.00
BUDGETED: Yes N/A No
COST TO COUNTY: None
SOURCE OF FUNDS: Tradewinds Hammocks Ltd. &
Tradewinds Hammock II LLC
REVENUE PRODUCING: Yes
NoX AMOUNTPERMONTH_ Year
DIVISION DIRECTOR APPROVAL:
Risk Management N/ A
APPROVED BY: County Atty-X-
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDAITEM#= / -/
Grant of
Conservation
Easement
THIS AGREEMENT is made this _ day of
,20
by and between
Tradewinds Hammocks Ltd. and Tradewinds Hammock II LLC
5505 North Atlantic Avenue, #115, Cocoa Beach Fl 32931
whose address is
County of ~, State of Florida, (Grantor) and Monroe County, a political subdivision of the State of
Florida, whose address is 5100 College Road, Stock Island, Key West, Fl33040 (Grantee).
The parties recite and declare:
The Grantor's are the owner of certain real property commonly known as
Tradewinds Hammock Affordable Housing Complex, Key Largo Florida
(the servient estate), more particularly described as follows: (Legal description) Tradewinds
Hammocks, Ltd. ownin1l; all of Tract E, RE number: 00454611.000500 and Tradewinds
Hammocks II. LLC owninf! Lots 1-4 and approximatelv 70 feet of the easterlv portion of
lot 5. Block 4 Industrial Acres Subdivision. RE numbers:
0045550-00000~ 00455560-000000. 00455570-000000.00455580-000000. 00455590-
000000.
The Grantors desires to develop the servient estate as (describe project):
Two Phases of Affordable Housing, Phase I as shown in permit # 01-3-1696, #01-3-1699, and 01-3-1700.
The servient estate contains (describe relevant natural features):
Tropical Hardwood Hammock and Wetlands
GOCEA Mod Tradewinds-REVISED
- I -
Document prepared by: Jean Reisinger
88800 Overseas Highway
Tavernier, Florida 33070
The Grantee is a general purpose political subdivision of the State authorized and required to
regulate and control the use of real property through land development regulations in order to protect the
public health, safety and welfare. Sec. 9.5-336 of the Grantee's land development regulations requires that
certain areas of the servient estate be retained as open space and preserved in their natural
condition if the servient estate is to be developed as affordable housing.
The parties agree as follows:
1. Grant of easement.
In consideration for a development permit for affordable housing
and in order to comply with Sec. 9.5-336, Monroe County Code, the Grantors hereby grant to Grantee the
easement described below.
2. Character of the easement and governing law.
This easement is a conservation easement under Sec. 704.06, Fla. Stat. and is to be governed by,
construed and enforced in accordance with that statute and with the applicable laws of the State of Florida.
3. Location ofthe easement. (metes and bounds description of the open space area)
a. The conservation easement is located as follows
as shown in Exhibits "A" and "B" attached
b. The location of the easement is also described in the diagram attached to this instrument
as Exhibit "B" and, by reference, made a part of as fully and to the same effect as if set forth in this
instrument in its entirety.
4. Restraints imposed bv the Conservation Easement.
The conservation easement granted by this instrument imposes the following restrictions on the
future use of the servient estate within the easement area:
a. No removal, trimming or pruning of trees, shrubs, or other vegetation (except non-native
vegetation whose removal is authorized by the Grantee's biologist).
b. No acts that are detrimental to wildlife or wildlife habitat preservation.
c. No excavation, dredging, or removal of loam, peat gravel, soil, rock, or other material
substances is such manner as to affect the surface.
d. No activities detrimental to drainage, flood control, water conservation, erosion control
and soil conservation.
GOCEA Mod Tradewinds-REVISED
2
e. No dumping or placing of soil or other substance or material as landfill or dumping or
placing of trash, waste, or unsightly or offensive materials.
f. No planting of non-native plants
5. Terms and persons bound.
This conservation easement is perpetual, runs with the land and is binding on all present and
subsequent owners and mortgagees of the servient estate. Grantors represent that the mortgagee(s), if any ,
whose consent is attached hereto, is (are) the only mortgagee(s) having a security interest in the servient
estate.
6. Entire Agreement.
This agreement constitutes the entire agreement between the parties and any prior understanding
or representation of any kind preceding the date of this agreement is not binding upon either party except to
the extent incorporated in this Agreement.
7. Modification of Agreement.
Any modification of this Agreement or additional obligation assumed by either party in
connection with this Agreement is binding only if evidenced in writing and signed by an authorized
representative of each party and by any mortgagee.
8. Attornev's fees.
In the event of any controversy, claim or dispute arising under this instrument, the prevailing party
is entitled to recover reasonable attorney's fees and costs.
9. Entrv of Grantee's representative on the servient estate.
The Grantee's representative on the servient estate, after first furnishing the Grantors no less than
24 hours notice for the purposes of inspection to determine the Grantor's compliance with this Agreement.
10. Notice.
Any notice provided for or concerning this Agreement must be in writing and is sufficiently given
when sent by certified or registered mail, or via an equivalent service furnished by a private carrier, to the
respective address of each party as set forth at the beginning of this Agreement.
GOCEA Mod Tradewinds-REVISED
3
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
By
By
Deputy Clerk
Mayor/Chairman
'c)
s~T~ess Y..... ~- ~ . ~<,-:J
t
:r~",~ \L.." ~~O
Printed name of witness
l<-k- ~
Signature of witness
\:eo I~ t:?obe-r +-5
Printed name of witness
STATE OF FLORIDA
COUNTY OF MONRffi: 8IEE-V-~
BEFORE ME, the undersigned authority, personally appeared S ft(!.1%"<..1....f..i I~ Mlufl ~'5
~o A"'" ...... -11_. I:~ /J. / / ,_ L_ / L/ IS ~ ~rde
...~ I e~trw;; rrr~tJ~ c:n:t.,who~personallyknowntome,~producel A
kflC/J -r1LA-lJE-w //1/ {)S. /-h:J.~ 11; LLt!-
r:11)~k &~8t<; 6~JI1hd
rt~"pectively
as identification.
Sworn to and subscribed before me this
021'1YOfltp~ ,20 O~
sdhzfhL 9?~rc .
Sharon P. Rovi / DD 037729
Typed Notary Name and Number
Notary Signature and Seal
,tJ<Y Pile
/~;;ic .
~~<l~
"OFft.'"
SHARON P. ROVI
MY COMMISSION It DO 037729
EXPIRES: June 28, 2005
Bonded Thru Budget NDlIry SIN10II
GOCEA Mod Tradewinds-REVISED
4
(If Applicable)
W ACHOVIA BANK, N.A.
(Name of Mortgagee)
lSl. '{JQ..(\cv-.-t-ree ~huc\-
l whose address is
, City of
V4 4. ~ L\ v--\- C.
County of
i=",-" \-+ (: . ,
Stato of
G;~cy~'f\
having a record intC!t:st in the lands described in the Conservation Easement Agreement between
Tradewinds Hammocks. Ltd. Grantor, and Monroe County, Florida, Grantee, hereby joins in, consents,
and ratifies that Conservation Easement at (\...~ \c~ ". <\ c. C2 (t
nn the date indicated
below.
(Place of Execution)
~ 'elL Ir\LJ' >4 \-!x ., I.( \'0 'fl. , Mortgagee
STATE OF (}ecVj (CLI!
COUNlY OF (!W/()r1f
C\rL)c~2i (1l~ 4:t~vC_
.--- . \\- \ l),(\;.
~\(\hL~'" ~-, WI':. ~~~ \
PlC s ,d Ct, -\
I
..-. ... ____.n..... ....... ..-.-....- ...-.. ....-...__._..... - _....... .... ...._. ... ._. ._.._u. .. ......-. .. ..... ".m. .....>'tJ ........ """" .. ..~ ..._.
SWORN TO AND SUBSCRIBED before me this ~ f' day of ", . .~... . . ...
20~ b)1' Il~ ~v 1 ma / b~ who is personally known to me or has produced
as identification.
~
.r I . .!lcwk
Notary Sign c and Seal
NOTARY PUBLIC GWINNffi COUNTY, GEORGIA
My Commission Expires June 23, 2004
GOCEA Mod Tradewinds-REVISED
5
(If Applicable)
FLORIDA HOUSING FINANCE CORPORATION ,whose address is
(Name ofMoctgagee)
227 North Bronaugh Street, Suite 5000 , City of Tallahassee
County of
r p'nn
~
State of
Flnrin:> 1?101_11?Q
having a record interest in the lands described in the Conservation Easement Agreement between
Tradewinds Hammocks. Ltd.
Grantor, and Monroe County, Florida, Grantee, hereby joins in, consents,
and ratifies that Conservation Easement at
~ku'S~
.
/L
nn the date indicated
below.
(Place of Execution)
~~\ Ro~~
Witness
C(j 0. ('"\ ~ '>a Qrm'\...A J r0-
Witness
~~/
, Mortgagee
STATE OF FLORIDA
COUNTY OF LeOr-.)
SWOR..'J' TO AND SUBSCRIBED before me this 20 -ft\ day of &- p1..Qn '"../,
2003. by ~".( i CD.(pe.it/:e.( , who is personally known to me or has produced
as identi fication.
Typed Notary Name and Number
~CL~~
~{~" ~ "'Kt)k;>; ()~
Notary Signature and Seal
GOCEA Mod Tradewjnds.REVrSED
-6 -
OOCUm<'l1l prepared by: 'ean RC:lsin~er
88800 Overseas Highway
ra~emJer. Flonda )3(1iO
(If Applicable)
MONROE COUNlY COMPREHENSIVE PLAN LAND AUlHORrIY . whose address is
(Name of Mortgagee)
1200 Truman Avenue, Suite 207
, City of Key West
County of M""........ State of P1Qf'i(f;1 ;3040
having a =rd inMrnst in tho bmds described in the Comcrnrtion Easement Agreement between
lradewin4~ l:J.nD.lQ~. :t..tA ~tor, and Monroe County, Florida, Grantee, hereby joins in, consants,
and ratifies that Conservation Easmncnt at
below.
~~
co ofExccution)
nn the date indicated
d~~lM)
WitOe.s
q.}~ ~:S~L.Y\~~",\i>v
STATE OF FLORIDA
COUNTY OF MONROE
~t:-~
, tf · Mortgagee
SWORN TO AND SUBSCRIBED before me this / ~I ~ of III If 'I.
2003, by rt\ u (" ('v... 'I E., N e:. L.. SO IV , who is personally known to me or has produced
M idcmtifioation:
i':.~ Donna J Hanlon
. ~ j My Commission 0003&491
~.. ~ Expires June 25, 2005
j)~.}~
NotaJy Signature and Seal
Typed NotaIy Name and Number
GOCEA Mod Tmdewiacls-REVISED
-7.
DocQD'1Cllt prepllrell by: ll1aU lWsiDpr
88800 Ovmeu Highway
Tavemier. F10ricla 33070
(If Applicable)
MONROE COUNTY. through the Monroe County State Housing Initiatives Partnership ("SHIP") Program.
(Name of Mortgagee)
whose address is 1200 Truman Avenue, Suite 207 , City of Key West
County of Monroe
State of
Florida 33040
having a record interest in the lands described in the Conservation Easement Agreement between
Tradewinds Hammocks. Ltd.
Grantor, and Monroe County, Florida, Grantee, hereby joins in, consents,
and ratifies that Conservation Easement at
nn the date indicated
below.
(Place of Execution)
Wime" ~Vh
Wime"~
~;~ >no l~~~rtgagee
STATE OF FLORIDA
COUNTY OF MONROE
SWOro: TO AND SUBSCRIBED before me this I g day of --m d .
2003, by DJ I.. i ~ 111. s: pe.'/''L.fc.. r , who is personally known t~ me or has proauced
as identification.
ISABEL C. DE SANTIS
MY COMMISSION # 00194299
. EXPIRES: June 28, 2007
. Bonded Ttvu Notary Public Underwritets
JlcJJ c. ~~~
Typed Notary Name and Number
Notary Signature and Seal
GOCEA Mod Tradewinds-REVISED
- 8 -
Document prepared by: Jean Reisinger
88800 Overseas Highway
Tavernier. Florida 33070
>-
<Xl
,
>-
"-
c,
(If Applicable)
MONROE COUNTY COMPREHENSIVE PLAN LAND AtrmOlUTY ,whose address is
(Name of Mortgagee)
1200 Truman Avenue, Suite 207
, City of Key West
County of Mnnm...
State of
1"1nrirl.. ':\':\()dn
having a record interest in the lands described in the Conservation Basement Agreement between
Tpdewinds Rllm1Tlpclgl JT.. LI& Grantor, and MOm'Oe County, Florida, Grantee, hereby joins in, consents,
md ratifies that Comcrvation Eascmmt at
below.
z ~..~--
cc of Execution)
~~
cc
Wi~() ~1~K1\1V
TATE OF FLORIDA
COUNTY OF MONROE
SWORN TO AND SUBSCRIBED before me this I ST ~ of ~
2003, by M u l< Q A'1 Eo I\) ~ LS 0 to ,who is personally lawwn to me or has prodjcd
lIS identification.
~~Jtr.. Donna J Hanson
. ~ j My Commiuion 00036491
~ 1M ~ ExDir1s JIA'1@'~ 700~
Typed Notmy Name and Number
1)~ ~~~
p
Notary Signature and Seal
GOCEA Mod TJ'l4ewinds.REVISED
-9-
DocumeDt prepared by; Jean Reisinger
88800 0vlDeu HiFwaY
Tilvcmic:l-. FtoridB. 33070
EXHIBIT "A"
DESCRIPTION OF CONSERVATION EASEMENT:
AN EASEMENT LYING IN SECTION 22, TOWNSHIP 61 SOUTH, RANGE 39 EAST,
TALLAHASSEE BASE MERIDIAN, BEING A PART OF TRACT "E", TRADE WINDS,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, AT PAGE
42 AND LOTS I, 2, 3, 4 AND A PART OF LOT 5, BLOCK 4, INDUSTRIAL
ACRES, AS RECORDED IN PLAT BOOK 5, PAGE 15, AND PART OF VACATED
TROUP ROAD, AS REOCRDED IN OFFICIAL RECORDS BOOK 1181, PAGE 94 ALL
OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT A 2 INCH DISC MARKING THE NORTHEAST CORNER OF THE
AFORESAID TRACT "E", TRADE WINDS; THENCE S 89^52'54" W, ALONG THE
NORTH LINE OF SAID TRACT "E" AND THE SOUTH RIGHT-OF-WAY LINE OF
SAMSON ROAD ( A 50.00 FOOT RIGHT-OF-NAY AS PRESENTLY LOCATED), A
DISTANCE OF 194.32 FEET;THENCE DEPARTING SAID SOUTH RIGHT-OF-NAY
LINE S OO^OO'OO" W, A DISTANCE OF 20.00 FEET; THENCE N 90^OO'00. E,
A DISTANCE OF 26.00 FEET; THENCE S OO^OO'OO" W, A DISTANCE OF
218.71 FEET; THENCE S 60^OO'OO" E, A DISTANCE OF 135.34 FEET;
THENCE S 30^OO'OO" W, A DISTANCE OF 15.97 FEET; THENCE
S 60^00'00" E, A DISTANCE OF 35.59 FEET; THENCE S 30^OO'00" W, A
DISTANCE OF 295.26 FEET; THENCE N 60^00'OO" W, A DISTANCE OF 53.25
FEET; THENCE S 30^OO'00" W, A DISTANCE OF 22.75 FEET; THENCE
N 89^49'30" W, A DISTANCE OF 29.53 FEET; THENCE S OO^43'24" W, A
DISTANCE OF 19.97 FEET; THENCE N 89^51'04" E, A DISTANCE OF 13.33
FEET; THENCE S 00^47'03" W, A DISTANCE OF 56.66 FEET; THENCE
N 89^27'05" W, A DISTANCE OF 55.62 FEET, THENCE N 00^20'47" E, A
DISTANCE OF 55.85 FEET; THENCE N 89^46'ZZ" E, A DISTANCE OF 37.93
FEET; THENCE N OO^53'3Z" W, A DISTANCE OF ZO.07 FEET; THENCE
N 89^49'ZO" W, A DISTANCE OF 40.52 FEET; THENCE N>00^07'06" W, A
DISTANCE OF 566.17 FEET; THENCE N 89^5Z'54" E, A DISTANCE OF 59.Z1
FEET; THENCE N OO^OO'OO" W, A DISTANCE OF ZO.OO FEET TO THE
AFORESAID SOUTH RIGHT-OF-WAY LINE OF SAMSON ROAD; THENCE
S 89^5Z'54" W, ALONG SAID SOUTH LINE, A DISTANCE OF 74.25 FEET TO
THE WEST LINE OF AFORESAID TRACE "E", TRADE WINDS; THENCE
S 00^07'06" E, ALONG SAID WEST LINE, A DISTANCE OF 851.03 FEET TO
THE SOUTHWEST CORNER OF SAID TRACT "E"; THENCE N 89^52'54" E, ALONG
THE SOUTH LINE OF TRACT "E", A DISTANCE OF 321.37 FEET TO THE
SOUTHEAST CORNER OF SAID TRACT "E"; THENCE N 00^06'57" E, ALONG THE
EAST LINE OF TRACT "E", A DISTANCE OF 851.04 FEET TO THE POINT-OF-
BEGINNING, TOGETHER WITH A PART OF VACATED TROUP ROAD; THENCE
RETURN TO THE PREVIOUS CALLED SOUTHEAST CORNER OF AFORESAID TRACT
"E", SAID POINT ALSO BEING THE NORTHEAST CORNER OF TROUP ROAD
(VACATED); THENCE S 00^08'13" W, ALONG THE EAST LINE OF PLATTED
TROUP ROAD, A DISTANCE OF 50.00 FEET; THENCE S 89^52'54" W, ALONG
THE SOUTH RIGHT-OF-WAY LINE OF SAID TROUP ROAD, A DISTANCE OF
468.51 FEET; THENCE N OO^OO'OO" E, A DISTANCE OF 50.00 FEET TO THE
NORTH RIGHT-OF-WAY LINE OF TROUP ROAD; THENCE N 89^52'54" E, ALONG
SAID NORTH LINE AND SOUTH LINE OF TRADE WINDS, A DISTANCE OF 468.63
FEET TO SAID NORTHEAST CORNER OF TROUP ROAD, TOGETHER WITH LOTS 1,
Z, 3, AND 4, BLOCK 4, INDUSTRIAL ACRES AFORESAID AND PART OF LOT 5,
BLOCK 4, INDUSTRIAL ACRES, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGIN AT THE NORTHEAST CORNER OF LOT 5, BLOCK 4; THENCE
S OO^05'49" W' ALONG THE EAST LINE OF LOT 5, A DISTANCE OF 110.25
FEET TO THE SOUTHEAST CORNER OF LOT 5; THENCE S 89^52'54" W, ALONG
SAID SOUTH LINE, A DISTANCE OF 39.98 FEET; THENCE N 10^45'01" E, A
DISTANCE OF Z7.21 FEET; THENCE N 11^28'22" W, A DISTANCE OF 20.06
FEET; THENCE N 02^19'52" W, A DISTANCE OF 29.13 FEET; THENCE
N OO^OO'OO" E, A DISTANCE OF 34.83 FEET TO THE SOUTH RIGHT-OF-WAY
LINE OF AFORESAID TROUP ROAD; THENCE N 89^52'54" E, ALONG SAID
SOUTH LINE, A DISTANCE OF 40.27 FEET TO STATED NORTHEAST CORNER OF
LOT 5, BLOCK 4 AND END OF THIS DESCRIPTION.
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INDUSTRIAL ACRES
PLAT BOOK 5, PAGE 15
CURVE DATA
NO. RADIUS DELTA
1 25.00 90.08'15"
2 25.00 89" 46'0"'''
ARC
39.33
39.17