Resolution 253-2015 •
RESOLUTION NO. 253 -2015
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING A CONSERVATION
EASEMENT TO BE IMPOSED ON TWO PARCELS OF LAND, AS
REQUESTED OF THE PROPERTY OWNER, OCEAN POINTE
COMMONS ASSOCIATION, INC., 500 BURTON DRIVE, KEY
LARGO, AND ALLOWING APPLICATIONS TO EXPAND
EXISTING RECREATIONAL FACILITIES ON THE PROPERTY.
WHEREAS, pursuant to the stipulated settlement in the case of Miriam B. Hood, et al.,
vs. Zoning Board of Monroe County, et al., Case No. 83-20330-CA-17-33, the Developer of
Ocean Pointe Commons Association, Inc. (hereafter "Association"), was granted the right to
develop the condominium project pursuant to the terms of the stipulation, and
WHEREAS, the Association has succeeded to the rights and responsibilities of the
Developer following completion of the sales of the individual condominiums, and
WHEREAS, modifications to the Monroe County Comprehensive Plan and Land
Development Regulations enacted subsequent to the stipulated settlement would prevent the
proposed expansion of recreational facilities, and
WHEREAS, the stipulated settlement did not provide an expiration date, and
WHEREAS, the proposed development of the recreational area shall benefit the health
and well being of residents of the Association by providing passive fitness course, a water
feature for the children, additional shade structures and other similar recreational activities, and
WHEREAS, the recreational facility is consistent with the Monroe County Land
Development Code Section 101-1 definition of Accessory Use, and
WHEREAS, the Association agrees to comply with the Mitigation Standards as
contemplated by Monroe County Code Section 118.8, and
WHEREAS, the area of the former wastewater treatment facility shall be planted with
plant material native to the Florida Keys and consistent with the adjacent hammock area and a
re-vegetation plan shall be submitted to the County Biologist for approval, and
WHEREAS, it is to the benefit of the Association to limit the clearing of the recreational
area to contain mitigation costs, and
1
WHEREAS, Monroe County agrees the Conceptual Plan submitted as Exhibit A of the
Conservation Easement shall act as a limits of clearing for the proposed recreational area and it is
understood the Association shall propose the minimum amount of clearing required in order to
achieve the design objectives, and
WHEREAS, the Association and the County have negotiated an agreement for the
development of approximately one (1) acre for construction of additional recreational facilities
such construction is in area permitted for development in the stipulation. The conditions for the
development are memorialized in the Grant of Conservation Easement (hereafter "Easement")
prepared and to be executed between the Association and Monroe County.
NOW, THEREFORE, be it resolved:
1. The Grant of Conservation Easement(hereafter"Easement") submitted by Ocean
Pointe Commons Association, Inc. (hereafter"Association").
2. Pursuant to the stipulated settlement in the aforementioned case, the County agrees the
Concept Plan, submitted as Exhibit A, of the Conservation Easement shall act as a
conceptual plan for the accessory recreational uses and the limits of clearing for the
proposed recreational area and the County shall review Building Permit applications for
the Association to construct recreational facilities on an approximate one (1) acre area
designated for development which are compliant with the adopted Comprehensive Plan,
Land Development Code and this resolution.
3. As required in the Easement, the Association shall dedicate its former sewage treatment
plant for permanent conservation and shall re-vegetate the area pursuant to the terms of
the Easement.
4. The Association shall further dedicate the parcel adjacent to the recreation area as
depicted in the Easement for permanent conservation.
5. It is understood and agreed by the Association that the commencement of construction
the improvements pursuant to the County permit is conditioned on prior approval of the
State of Florida, Department of Economic Opportunity and the U.S. Fish and Wildlife
Service.
6. It is understood and agreed by the Association and Monroe County the Conservation
Easement shall be recorded in the Public Records of Monroe County once all required
Local, State and Federal approvals have been obtained. Proof of such recordation shall
be provided to the County prior to the receipt of a Certificate of Occupancy for the
recreational facility.
7. It is understood and agreed by the Association and Monroe County the Conservation
Easement shall be recorded in the Public Records of Monroe County once all required
Local, State and Federal-approvals have been obtained. Proof of such recordation shall
2
be provided to the County prior to the receipt of a Certificate of Occupancy for the
recreational facility.
This Resolution was adopted by vote of the Monroce, County Commission on the 16th day of
September , 2015, and executed the /(/9 day of , )l' , 2015.
Mayor Danny L. Kolhage Yes
Mayor Pro Tern Heather Carruthers Yes
George Neugent Yes
David Rice Yes
Sylvia J. Murphy Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY FLORIDA
.e-c i__SesfaVel -•'--
BY:
Mayor, Danny L.(50ccb MONROE COUNTY ORNEY
xat A OVj. ORM:
liti41
` a 11 AMY HEAVILN, CLERK ► M
rz ASSISTANT CO NTY ATTORNEY
• . `=�r 'ili aA / .!' 1 l�', Date 8�3/�/�
g z ieputy Clerk
*N - a
.s .i
a 0 b -Ti
V7
ril
.fir Cl
'�' N -P7
O n ui cD
-1;` ca CD
r
I. x- z,
---4 CD
3
Return to:
Monroe County -
Growth Management Division
2798 Overseas Highway
Marathon,Florida 33050
Prepared by:
Law Offices of Thomas D.Wright,Chartered
9711 Overseas Highway
Marathon,FL 33050
Space Above This Line For Recording
MONROE COUNTY, FLORIDA
GRANT OF CONSERVATION EASEMENT
This Conservation Easement is Granted this day of , 2015, by OCEAN
POINTE COMMONS ASSOCIATION, INC. a Florida non-profit corporation, who address is
500 Burton Drive, Tavernier, Florida 33070 in the County of Monroe and the State of Florida
(Grantor), to Monroe County, a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Key West, Florida 33040, (Grantee).
Grantor declares and grants as follows:
1. Background Information
A. Grantor administers the common elements of Ocean Pointe Commons, the fee
simple title holder of certain condominium common elements real property with a street address
of 500 Burton Drive, Tavernier, Florida 33070.
B. Grantor certifies to Grantee that no mortgage exists where consent of mortgagee
would be required, and thus no lender consents are applicable to this Easement.
C. Grantor desires to develop recreational facilities within an approximately one(1)
acre area of its common elements as shown in Exhibit"A".
D. Grantor, as a condition of the development, has agreed to impose this
Conservation Easement on the two (2) properties described in Exhibit`B". Parcel "A" is the
.413 acre site of the former sewage treatment plant discontinued when central sewer service was
initiated. Parcel `B" is .475 acres and is contiguous to the recreation area to be developed.
The application of Grantor for development of the recreation facilities has been made
pursuant to and in furtherance of the settlement of certain litigation between the developer of the
Condominium Development represented by the Grantor and Monroe County. Monroe County,
• pursuant to the stipulated settlement, allowed development within areas specified in the
Page 1 of 6
Stipulation of Final Judgment. The judgment also designated specified areas for conservation.
The Grantor's application for development is within an area specified for development in the
stipulated settlement. The case number of the litigation is 83-20330-CA-17-33. The County has
previously allowed additional development pursuant to the said Stipulated Judgment and this
approval and easement are the result of various negotiations and concessions of both the County
and Grantor.
E. Grantee is a general purpose political subdivision of the State and is authorized to
regulate and control the use of real property through Land Development Regulations (LDRs) in
order to protect the public health, safety and welfare of its citizens.
2. Grant of Easement
Grantor grants to Grantee the easement shown on Exhibit"C".
3. Character of the Easement
This easement is a conservation easement, which, as defined by Section 704.06 of the
Florida Statutes, is a right or interest in real property which is appropriate to retaining land or
water areas predominantly in their natural, scenic, open, agricultural or wooded condition;
retaining such areas as suitable habitat for fish, plants or wildlife; retaining the structural
integrity or physical appearance of sites or properties of historical, architectural, archeological or
cultural significance; or maintaining existing land uses.
4. Location and Description of the Easement
A. This easement is located on the servient estate as described above.
B. This easement is shown in the diagram attached to this instrument as
Exhibit`B" and by reference made a part hereof.
. 5. Law Governing the Easement and Enforcement Thereof
This easement is governed by Section 704.06 of the Florida Statutes, or the equivalent Florida
Statute governing conservation easements, and is to be construed and enforced in accordance
with that statute and in accordance with the laws of the State of Florida and the Grantee's LDRs.
6. Restrictions Imposed by the Easement
By these presents Grantor imposes and will impose the following restrictions on the use of the
servient estate within the easement area:
A. No construction or placing of buildings, roads, signs, billboards or other
advertising, utilities or other structures on or above the ground.
Page 2 of 6
B. 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.
C. No excavation, dredging or removal of loam, peat gravel, soil, rock or other
material substances in such a manner as to affect the surface of the easement area.
D. No surface use except for purposes that permit the land or water area to remain
predominantly in its natural condition.
E. No activities detrimental to drainage, flood control, water conservation, erosion
control or soil conservation or fish and wildlife habitat preservation.
F. No acts or uses detrimental to such retention of land or water areas.
G. No planting of non-native, invasive or exotic plants.
H. No acts or uses detrimental to the preservation of the structural integrity or
physical appearance of sites or properties of historical, architectural, archeological or cultural
significance.
7. Transplantation of Landscaping Materials
Native vegetation removed from the recreation site that can be transplanted shall be
transplanted from the recreation area to Parcel "A" (former sewage treatment site).
In addition to the transplantation, Parcel "A" shall be planted with additional materials in
the manner required under Section 118-11, B-2, Monroe County Code.
It is agreed, however, that no unlawful clearing has been done by Grantor and any
references in the County ordinance to unlawful clearing are inapplicable. It is therefore
understood and agreed upon that Section 118.11(e) shall not apply.
Prior to the commencement of any clearing of the recreation area, Grantor shall submit a
restoration plan to the County for review and approval. The restoration plan shall specify in
detail the size, maturity, and native species mix proposed. The plan shall include a 3-year
monitoring plan during which the County biologist shall observe the site for survival and
progress of the transplanted and newly planted materials and shall require the Grantor to take
corrective action as necessary to maintain the integrity of the approved plan.
8. Development of Recreation Area
Grantee shall develop the property shown on Exhibit "A" solely as a recreational area.
The property shall not contain any units or habitable structures..
Page 3 of 6
9. Access to the Servient Estate
Grantor will allow Grantee access and to enter upon the servient estate, with no less than
24 hours' notice, for the purposes of inspection to determine the Grantor's compliance with this
grant of Easement.
10. Term of Easement
This easement is perpetual and runs with the land.
11. Persons Bound by Easement
This easement is binding on all present and future owners and mortgagees of the servient
estate.
12. Entirety of Grant of Easement
This Grant of Easement constitutes the entire Grant of Easement from Grantor to Grantee
and any understanding or representation of any kind preceding the date of this Grant of Easement
is not binding on either the Grantor or Grantee except to the extent it has been incorporated into
this Grant of Easement.
13. Modification of Grant of Easement
This Grant of Easement may be modified only by a written modification signed by an
authorized representative of Grantor and Grantee and by any mortgagee(s).
14. Recovery of Attorney's Fees
In the event of any controversy, claim or dispute arising under or as a result of this Grant
of Easement, the prevailing party will be entitled to recover reasonable attorney's fees and costs.
15. Notice Concerning Grant of Easement
Any notice provided for or concerning this Grant of Easement will be made in writing
and will be sufficiently given when sent by certified or registered mail to the respective address,
as set forth at the beginning of this Grant of Easement, of Grantor or Grantee.
16. Recording of Grant of Easement
This Grant of Easement will be recorded in the Official Records of Monroe County,
Florida and any changes hereto will also be recorded in the Official Records of Monroe County.
Page 4 of 6
In Witness Whereof, Grantor grants the Conservation Easement above and executes this
instrument this day of , 2015.
OCEAN POINTE COMMONS ASSOCIATION,
INC.
By:
Wit.#1—Printed Name: Donald L. Stafford
Its President
Wit.#2—Printed Name:
STATE OF FLORIDA
COUNTY OF MONROE
Before me, the undersigned authority, personally appeared Donald L. Stafford, as
President of OCEAN POINTE COMMONS ASSOCIATION, INC., who is personally known to
me, or has produced as identification.
Sworn and subscribed to me this day of , 2015.
Typed Notary Name and Number Notary Signature and Seal
Page 5 of 6
MONROE COUNTY, FLORIDA
ACCEPTANCE OF CONSERVATION EASEMENT
In Witness Whereof; Grantee accepts the Conservation Easement granted above and executes
this instrument the date set forth below.
Monroe County, Florida
By:
Wit.#1—Printed Name: Mayor (Signature)
Wit.#2—Printed Name:
STATE OF FLORIDA
COUNTY OF MONORE
Before me, the undersigned authority, personally appeared
, who is personally known to me, or has produced
as identification.
Sworn and subscribed to me this day of , 2015.
Typed Notary Name and Number Notary Signature and Seal
Page 6 of 6
JONf . _ . —
1 I . 4 ' 1.. . I:1 19\41i ill '11 J ., ...,: ),,
''; ;i4,;:_1';..,,..i.,,T.,,.
woGbeH' cn =
Jr' •
` �z�°' m •
Olin , m-1`no r ;. .
i \ ., , ..
L Al ZT
• D •
.--.-- "
. . . . .,.. . ..
- - . r It't' ' : ,
4,ff.i....4.4.,,,,,,,
D m\ _ tr X
Rom'
2•
0 4, Z co -1 5 -
13
s D �,vAli
m II
r, L
•
r 0 , ar t
Z < Db - -
D E :i ►
mZ - d. 4,
- D7 a � m D� � � 0 ci�.
Z_
. <' i Z D
C 4 �, m D r
r n
x z
v m0 N -I
C % T� m
x� m 0
7 130 71 -I
< zDD" (•S, O Nm r-
,� , C p rA
' . (1) 0 D 0 =1
D zg z m
.++
Dm D D
' " ` JQ�b D m z m m
rn , �' D D D
•
_ �� s ,� �► �a o
�", ` • 'y • 1ra� to
a� N y
,€D n 0 e
• ror V w
N
- J A
..„.., • o 0 o D
-
a=-
:H p�p a m OCEAN POINTE CONDOMINIUM AMENITY =�'t s ';
-l ,�i . - I AMENTITY IMPROVEMENTS CONCEPT PLAN = _`. �I/) F "'-
p^m r > CONSERVATION AREAS/AMENITY EXPANSION AREA ''�°*-, 4
'el .13,E ,
�.Gf 1
aX
.' IP
rl
\•_, -VEGETATION TO REMAW(EYP) RAID
� - POOL-.. - ✓k . / PRIMARY PLIYGROUNO 'N . 1 `
M1 Ai t• /q' ,.._...PAR FITNESS COURSE. VDIT!ON'-O REMAIN ITYP.I
- " FITNESS STATIONS }
' i,
_. I+ Fpsr" z�E` /
--k-V I f ! __ ��. ! E 4'v r r �..
4
��q� 1,
A �:IL'' , , j A
DECK " !U� —
t
1 I Plit 44-• 3 Z
\ A
ILA. I } r�„ 3 I ? ('•" AERATOR 1, (ci b �, Z O.
It TA �/ 9 PICNIC
W .,f \$t, O a-/�1 i� ^\ /.;.„ _ �.� 48 ACRE AREA TO REMAIN �� rb a
' -.riz Y /I 31i. �c - UNDISTURBED I R �' Q Z
if- �• ALL EXISTING VEGETATION TO REMAIN I
,i1::,,, -
. ,,,„,,,,,,,,,, ,,,,,„F: --‘ i NseA111 La
TWO, Y of�• / �" TION POND(FOCAL FEATURE) , XI �1 O
l S/ 5 0 1AitmE T^ ,..,�.,._�.�..�', �'� n,.:_.,f ^�_ 1 Y`^ t 2 i I �' O �'
y et
\,, con,,„ , *
— tit I zi Z ce
7\.01
.,.. .;.. 1 ,:.
. ,s4o�Tzm w �s3eI ° w z
i A „, ,„ ..: , ,
/ ,
al
'
1 \ / a . n.; ; -1
/y DATE: 11.14.14
U ROT R(SPA)
. / _-' TOT LnT PAYGROUND O6
)` • y ` / CR093 WALK /E�ATON IO REMAIN (Fennr)
T
t711[1� i Now
1 ,. O.
s
t. / , ,„___,... ,- N ,7' - , ..
/ "`� CONCEPT PLAN
Y op w, w \ - ` I
�n
4»
il
y e�
v^ - .. 4, Pe" 114;*144P% Ai a' ` LOB/:I4003 DRAWN 9Y IBM
~ .Aye„ �}
'IM xn u ron
yM. a. 'A nv...�m
w. .0 HABIT ANowi�sE
i!
\ SKETCH OF DESCRIPTION
\ \\A porch of lard b*'A a portion of Seetlonu t6,Teenaij 6E South,Rare 38 East,TaverMtr.No roe County.FIn din,antl Alec beY,a a
��`pppooarrt�cbeennn of TRACT'A•,PLANTERS POINTS,os sheen on the Rat tl,.. Recorded h Rat look 7,Pope 45 of<he PUOUO Records of Towne,Canty,Florida,said parcel of lend being rare particularly'described as follows
\For a pant of reference,CMENCE at the fier�thesst corner of Lot 9,XRTOIIS YACHT BASIN,as sheen on the Plot thereof,
\ C ,RecordedSoutheeN t Book 2,Pape 09 of the Public Records of said Monroe County.Florida,and run thence S49.27'53'E,along the
\ Y rWht of way the of Rortor Drive,(also known as Royal Palo Avenue),o centonce of 50-00 feet,to the South-
eesterty INe of'TIE EAST PARCEL,as sheen and desebd417,c
as'Pares shall be su Ject centre.
k Lute covenant which cal
......
- 5, a \ \Perpthnllp(ans prepP"hibilared by Post,Budded S�dali a ew e k tb tea.
Preserved h tee Ora{state',as shown an
/ _( \ /1 ^ tt\oon July
ne24,1984>for Ranters Pointe,thence cont 'S.49'27'S8'E.po p1 the 1 ,outSoypnes'tirty'right of eat Ina of
BV0,-(0�� \N .lentsr Drive fora distance of 14600 feet,run thence S.40'32'97'V.a dktanee of 14L81 feet to the P DIT OF
sj(11lea1IW From the PO1NT OF BEGINNING,thus described,combo.S40'32'07'V.for o distance of 192.02 feet,to
/' . ,,pt Pontiw,of a avwe leering SovthweshrlY7 run thence Southwesterly.al and arena the
\ b46e concave sterly and hurl a rojus of 315.90 feet, e� a central angle of
D(2 J R, < 7 ♦09'25'J2'to the left,en arc distance of SL92 feet,to a pent,lest said arc bekg subtended by a chord
S �p��
'c. \ w I \bearh8 and distance of 535.49'23'V.,5126 feed run thence NA4'27'5YV.,a*Warm of 183.43 feet,to
'N12qq'3? ♦ ` •Y ]� a paint on the aforesaid Southeasterly the of'TIE EAST PARCER.'1 run thence N40.32'07'E,along the
.. \ \/\fSA9 477'53'E�r th 46m EArbooAckk too',the 1fft—DofB1 fteil runcab*. L00 Aces
li.S
*9.
•
\s�(9: .\ ...PINES
I This sketch represents a'SKETCH OF DESCRIPTION'of the'SUBJECT PARCEL'
\ /_\ \sl2. hereon and Is for'Ss
#vdYs�pslgltxephrYkgiM SouNewstarly Hpht of way /
\� 'C/izi\�Iroonn the Pl t of PLANT&POINT described hereon end N�'
l
N L\ F\PALMA SOLA/ / ,
\ \;Pint Book 1, Pnge 115)I S/
\\,�'" •
\ /,��- (,/
•
/�.\ • / A .
,IIII �,/�▪ o�/`� '� PALMA
IIII
,�/ / ,` / SOLA
`C (Plat Hook 1,Paw 11T
0 20 40 80 MO 1��pi %▪ al 2/Z.R.C.
\•- \
GRAPHIC SCALE SF'D"j vJ / •, // �' . \♦
RTW'S YACHT BASIN /'ti : \ a'\
AT 2,PAGE �r� 41
'D�j A. ' 4
9.e0.♦ 4 '0' \
EAST '>.\PARCEL y
PARCEL SHALL BE SUBJECT TO A RESTRICTIVE COVENANT WHICH WILL Ff'e
n
PERPETUALLY PROHIBIT ANY DEVELOPEMENT OF SAID PARCEL AND `
REQUIRE IT TO BE PRESERVED IN THE NATURAL STATE. pe \
Or
/
"'S. 0I \
q !f A)
p0' �. /
h
q'
,c4 Pi• �ja'
I
� 4 q2o^�.
! ,c���yy
„q oz o
h
\oh`Y.,h Curve number 1
II Radius= 313,80'
T R A C T 'A' Arct 51092'25'12'
Tangent.. 26.02'
Chord= 51,86'
N.84.27'53'W, Chord Brg.= S.35.49'23'W,
��15I.02' R. A'
,,ev.aICgnR 14,84.27'53'W, `
�z, .t, 183.43' R. OCEAN N P ❑ I N T E
tieyj�11 CONDOMINIUM
ng&Maf4
M SSEY—RICHARDS Phone: (305)853-00e6 / Fax: (305)853-0233 _
SURVEYING & MAPPING, LLQ _ 88888 Overseas Highway / P.O. Box 619, Tavernier, Fl. 33070
Client: Ocean Pointe Condo. Florida Certificate of Authorization No. LB 7882 NOT VALID
Section 26 Township 62 South, Range 38 East I hereby certify that the mow",hereon woe performed under my direct WITHOUT THE
P 9 euwrvNlon and Is and cornet to the beet of my Iaawledpe and SIGNATURE AND
Bella. THE ORIGINAL
Key Largo Monroe County, Florida RAISED SEAL
Drafted: 3-19-15 Fieldbook No. NA. Z —. OF A FLORIDA
LICENSED SURVEYOR
AND MAPPER
Drawing No. 12575C Drawn By: OSM Scale: 1' = 80' David S. Massey, P.S.M. if 5125
EXHIBIT C-1
N.
\ SKETCH OF DESCRIPTION
,iF30VTmt
\ ♦A peak r TMCT•L'•RJYITi'�i W Swett U.Tool i!ati S E.A.Teens%Morrow Canty.Florida.w Ms yelp•
CwAy or Landy a alw��apn e&nee R.e�MN a Met>vk 7.yqd
t7 a ml P4Mle Rror"d
Foe s sere of reh.... .C ONDCE at the I6 tlrYtPa'd Ter of duelled 9 Y hiu
■learded t+Plat lookas Lot f, Cwet rFOR BUM 11W as show a.ter4Y Mat ..sand♦ Lr� ♦ +.Pyr US Scr the PWIe M.eerV.r dam Marge
♦tostimsfwlr a rt M _Ore Sc P1.nter>ltre,Cal loran as County.Florida.and arunss trrnot t.4eet.le stand lt-
el saylows►es Mae!)..rst.ne Sc trIc oe sr Mr teu,
hr
e•etaty Um *TIC GIST►M1Ca•.as• o w se oral asa Tarsal eLL•e�t to•reArtl r .,as W width.lo
O ` \ PreriYt erry daeeMOreM r sold P•rcM err mere*It te he Pree.rtad A the naive'sire.,Y anean an
,�. /( A Mtw .1514) y PeA.....4 .�$d a a,)•n or!,Inc.(.J Ma lox-axis.dated July�RtWy \N Phan trw POMI EE w P corrinst®TQ t �Ianp tie r 1!M are Lest verve.
,9 oe r soar Plantar bml,•rtYoc1K to a nns ..id sryr yt
arlor-1♦!E ` � fort.
E �T Senor 11.4Y1TerV.,`wt debases 8. See of 0 tr e to• to'the
resew sa,i�e••ta •r•ne
�' R• ` \"7 ♦ �11 to w rereeer iouMrert rt iete'e sy ur r TI<o*s
/.j�•Fi ♦ Cintalre OATS acres,nape or Was
°r ew�r r w1d nrrtw else.w w
•
S' ‘11,
♦ I.TOY sari, repreearte a'D�TCI,Q>�T1ot•r w•alox cT PMICa•
\ TM.Mato Mar ls, r wr'Sal5at taly rWrt r day#/
\\ \..........Parr Pt:1 'M'tiq e►_tAl Ferree w dr*" I ,
• \ \ M11QE iziva eeaoat• / ,
.� q , 'l ``
\ L%F,F\PALMA SOLA/c 4. ,/
'Tint Book 1, Pape 115). 4 /
\ti�. \, /�j�/
-�► 0 J ,
1 .P` `ve \ R� / PALMA
MI
soiss // `e
p ��' �24/ q ♦ �( A
III
Mlat look�LPace 113)
GRAPHIC SCALE �l-i \
VI
Y,puT�Y/(0,CHT jt. ir4F.Q,H.;\\ �.t\
.V E,PACE 1#111 t a `♦
cbt
e ` N.
\ \
EAST PARCEL
PARCEL SHALL BE SUBJECT TD A RESTRICTIVE COVENANT WHICH WILL \
PERPETUALLY PROHIBIT ANY DEVELOPEMENT OF SAID PARCEL AND 4'
REQUIRE IT TO BE PRESERVED IN THE NATURAL STATE. �� I ♦,
q, r N
/ k '.
01 'Y
AY
IF
/ $
, •
N" Y Curve masher 1
/ Radius. 315.ar
T R /A C T "A'' 51.° ''2'
Arc.,/ Tanpenta 26.02•
N84.27 .y Chords SLOG'
��N.84 ChordBra..B . S 33.49'23'V.
+R .......aL
4)
ii..h QlCrr'4,,, ' OCEAN P ❑ INTE
is,",ARi C ❑ ND ❑ MINIUM
'rem.P70'
M SSEY—RICHARUS PIAon. (306)e63-0088/Fa,e (3o )es3—os3
SURVEYING 8t MAPPING. LLQ I 88888 overseas Highway/ P.O. Box 610,Tavernier, Fl. 33070
CBent Ocean Points Condo. Florida Certificate of Authorization No. LB 7882 NOT VALID
Section 28 Township 82 SautH Rage Je East i�.ro�sfyrf srlNy tint Or awe tease.o pwiam•d order ey dt•at WITHOUT THE
MgrMdar and Y trra and aereet to tlr t•R of rrp.iueeydy mtl SIGNATURE AND Key Largo La'90 Monroe County. Florida, SURVEYOR
THE ORIGINAL
RAISED SEAL
Drafts* 3-19-15 Maoc& No. N OF A FLORIDA
------"H, -----
r A
Drawing No. 12570E Drown By 065* Seale 1" 80' David S. Mo M. 5125 UCFaµNDD0MAPPER
EXHIBIT C-2
•
o i/..
S 7 /�
TRACT "B" 6.-
(Plat Book 7, Page 45) �`
DESCRIPTION'
A parcel of land situate in Section 26, Township 62 South,
Range 38 East, Monroe County, Florida, being a portion of ,n1
TRACT 'B', as shown on -the Plat of 'PLANTERS POINT' as \
3T' rtv'.'�w Recorded In Plat Book 7, at Page 45, of the Public Records"i
S TZ 09'U,t M' s.' of said County, being more particullnrly described as fellows,ott EXCEPTION N❑,
j000' �x COMMENCING at the Southeast corner of EXCEPTION PARCEL tea\
Y red• te'* Na 3, as shown on said Plat of 'PLANTERS POINTE' said point /��
a�x also being on the Westerly right of way line of BURTON DRIVE 1nl ,/�
±. •'i� -thence 5.of 190.09'37'V. along sold Westerly right of way line, a 1 �/�
i \ distance of from
feet to the POINT O, BEGINNING50'23' of the Parcelty
Z hereinafter described, Fron the POINT OF BEGINNING, thence, u`\ —/� _/'
-�.t.- departing Fron said right of way line, N.17'SO'23'W. a distance of gt /
,n y x 9'a \ 150.00 feet, thence S.72.09'37'W. a distance of 70.00 feet, thence n ,/� /
4.7c/ xee' - o S.32'21'17'1. a distance of 7&10 feet, thence S.17'50'23'E. a •o\ /� /'
to distance of 100.00 feet to the aforesaid right of way line, 'eta ,/' /
e22tiC> 9v thence N.72.09'37'E. along said right of way line, a distant of a �/-• — ..�
c,m'/ 9, x \ L130.00 feet to the POINT OF BEGINNING. "
x, x 9' x ape, CONTAINING 18,000 Square Feet or 0.413 Acres. \ 2 �5�5253or+/. /'/
e,. o t Sono'/' /_
r o � NI r/�
tie
x / R
- `\ 5'3. A 9.9' \ '4` : /
'/-
L'A O `v
TO x / W - r\ ' „/x2•�/ x / /o 2� "
-TA,0. ,zz '—P
1 ,..g /' ,/' c'1p,�y /y}� ABBREWITIONS/LEGEND
,e,p `� ' \ � '' /" SURVEY NO : P.S.M.-PMean.Surveyor 8 Meow
0 l,}nT.11 i,: ../� s.�a, S,Professional dew Surveyor FRr,d -Found
1�eY .. y,,.3�0 �/ 1. h elevations..land.with spot r o bwndory aurxq'd a wcad va<ad(a) to-Licensed Rerw
t0 t r ' . E., e.-Catculoted M.-M nice
x C-, ,/� 2.Elevations ore shown thus:X K 8.1' and refer to mean sea Wei. cane.-
/se • - ir 1929 ad)uahnent,and have a prime reference of B-278,El.4.95' a.Flr,leorkNhed floor Concrete
✓ I 3.No underground utilities or structures were located by thin survey, o.-Oe.anan FP fence post
�/� 4.No encroachment.or notorious evidence of occupation and/or use of F.T.-ash table Corns. cam caner
the deeor9wd� parole for dents-of-eo,ingo. ale*grew wn PK-PARKER IWAN FA1,0Rto F.s. sa,,,e eh.a 1)A I M.C.-Magnetic Mail
../ 3 1 noted by this eurvsy ale therm hereon. U.C.E.-Underground Electric M.S.-meta.few
�� ei�� ' 5.The bearings and/der North arrow hereon were derived from the U.G.T.-Underground telephone Ps.-pilau Mred
� !. �/� remedied plat or the description hereon.The bearing bare for tltb wE-Burke wetness Add,- ante,n
/ .. f J � it denoted thug: ). N.I.S.-not in service R.O.W.-right d way
i� .:.'.i�'. 8.The as dated in the description hereon was recorded on the eras.-concrete block eked T.R.-telephone.:er
n+•. �/� 0 40 80 120 7B4 day of Fury. t9e7 ,Pc -°�'e pdmwm r.. ark LP.-Wd/bap pb
+'a try !" P.O.B - ant der ae.saato-no Felt.- k.w
/-/ .4eD� ,g �/� 7.ITN pored nee In N.F.I.P Flood l f120 •919elev .re Rod.JN:.-Rwof C mmenc}d Mg-femur
p (♦ a shown on F.EIA.A.map pond++12087Ct7919 revised eat-18-05 P.O.C.-Pant a r ncenw,w Mg.-Width;
/` .•�./' 8.The description woe furnished by Ste client.Only easements and
N,S,E.N-North,SOWN Eoel Nast Rae.-"`Id."'"
�/ —oof- or described on the recorded or stated P.C.P.-pemwned ean4ol peke aA-guy anchor
rkJM ways oe lees P� P.R.C.-Point or reverse Curvature M op. -mean
in the description hereon are shown. P.C.C.-Point of Compound Caw high eater f
s sSEY-R.ICRAR Pn.GPr.-p-a Pa,"bleat,na'fe"e�i,eefnw n.nl
NCVD--motional Geodetic Vertical Datum
•N' - d, 5MAiW1E.-North,Ameerican vertical Odom
Afti.O.O.T."redder O'Wepalmed of Transportation
MASSEY-RICHARDS Phone:(305)853-0066/Fax:(305)853-0233 IIeO/P�Ma FFlaaene
O II a t etoaeed LeV882 sot
°'°ee&EYepph"a SURVEYING&MAPPING, LLC 88888 Overseas Highway/P.O.Box 619,Tavernier,Fl.33070 o Pippee/caP.empty tli fre82 eat
Remr Fou M
Client: Ocean Pointe Condo. Florida Certificate of Authorization No.LB#7882 D if ca ert.Mumy°PaN
NOT M- TH
—otr—or.rnwe O
Section 26 Township62 South, Range 38 East I hereby certify that the survey hereon won performed under my direct WITHOUT THE —K—w vahiv fence. e,ae
supervision and is true and correct to the beet of my knowledge and SIGNATURE AND '• Rioter Meta/weer wire
belief. THE.ORIGINAL 6 FloctMormoN
Key Largo Monroe County,Florida RAISED SEAL
' OF A FLORIDA Ea—Concrete Davit Hose
Nets: sot ere r//ee (*abide demote to oar
Surveyed: 8-17-15 Fieldbook No. 185 OF
SURVEYOR stomped gd VOW r. ,ation number.All PK sot'//Meg
a e0d qmn eN an wed,Fleur vamped wnh ten°52
AND MAPPER u„w oeh.mN.NdwMd.an pipe.reuse der.
Drawing No.12910 Drawn By:DSM Scale:1" = 40' David S. Massey, P.S.M. / 5125 r/s'(outside demoted.
Unkp Indicated.pants hove Na Identinection.
EXHIBIT C-3