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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. 111)..'..0.0 :~I!i!~i~1 iIlJ ;:Ii"'I.::e ~ I ;ii ~'i: ~ ! r I :'"' JnP'~!-'!" :- :ilZ-lZZIIl"T1I11...,1II :>>oifio~i;;;!:!l' ~ 0- '" c.,.Z"1l::ll m~oz<",oc;J:>>- !;::IIig~!:llllen~i!j 01110'" c:: en ~~~~Oti::ll~~C lIlifi~jim~~' ~ ~~;::lzj;;~'ll"':!!i;:; ::llIIlO-lenmCUI-l-l o.zenenifi::ll~xa <omzmzifi -l ~~~~iliiilclCifiifi I'I'I-l"''''0:J:: ::II ~mifiolll:>>l> 1111'1'1 IIlCZ:>>~~i'f g!f :>>!ij-l-lO~X i!::II iII!f~~!i::ll~ ::Il~ GJ",,:! ~~. ;~ 0:>>00 c;JN X iifi;;1"T1:g:s: 7ti c, CIIl::llIllW 0 a x$~~' "l1;J! ~ ~~~"l1 ~~ z a:<~~ -<0 !; z cn-< t::"T1 ~ .....0 Z-t -l 1Il~"T1 m~ a ~ iII~ !iI~ III ~ l:lB -< Z"'::II ~!i II> -l iP iJi~ t: ~ III i!'l c ~ ~ ::Il-o -l r o. ;::j ~ ~~ ill x l!l !'1 SE ~~~ }~I;i I ~~ ::~: ..; 51I= , ~ !iI !5;v a iil~ ~ r ~j ~ I" -4 ~ Z C1~..... P :;4i!!iili ~,.~!: ~;lI...~ :~~lil ~~ ~~i~~ :ai ~ ~ila '" i1 N .... ID .... NO" O'O"E 34.83 N2" 19'52"W N"" 28'22"W N10. 45'OI"E I I;; ~ ~IIII:~~ 2 !~i~Ji!~iE ,~In!r~ ~ j~ Iii . Z , ~ ;;1 ~.. i . ~ .. ;; EXHI BI T 'S' SAMSON ROAD RIGHT-OF-WAYl III c:: ::Il < m -< 0 ~ en z 0 -l IT! !!' --i :0 J> n --i ~ --i :0 J> D IT1 !i z D x ~ :>> ::Il c ""0 ~ r c J> c --i x OJ :>> ~ D D 0 '" "" III ;-oJ X 0 I ""0 J> -l C1 x IT1 c:: !!' ~ N 29.53 1 'I, '17 13.33 56.66 37.'13 ~ -l r :J> z o en K LOT 2 .. LOT 1 378.33 "'18.31 BUTTONWOOD LANE 589. 52'54"W III n :J> r m ,. Z o -:II . -1 :I: ":! "1l e~ 8z ~7 o -" zd, 8m ill~ :II... mz ;TIel '" IT1 x -< :>> ;0 .... r c~ 0 J> ~-l -l :0 :>> C1 g~N' D xzwn :JOCClllC '" ~ Ill' Z .wen J> U1m ~ n.llW::ll "" IJI' < . . N:>> c;) N -l :0 _-11)- D AUlCO .... c: z C . ...,:>> Z _ ::lilT! D wUJm:>>o :-,g,,~ R" U1~~ifi ~ enm-lZ c -l c:;::j :JO :0 :JOlT! ::II - ::II-l m Z IT! !' J> "TI IT! m -l II) N' . !'1 C -n (1)0 n::ll Z -m z;o n-l 0;0 ZJ> nn :II-l '" -1 . ml'l en IS! II! 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