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Resolution 009-1983 ~0 Commissioner Hernandez 294050 !~;\} 870pc1315 RESOLUTION NO. 9 -1983 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE APPROVAL FOR RECORD OF THE AMENDED PLAT OF PORT BOUGAINVILLE AND AUTHORIZING THE MAYOR AND CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS AND THE CLERK TO EXECUTE THE CERTIFICATE OF APPROVAL FOR THE SAID PLAT. WHEREAS, City National Bank of l1iami, as Trustee, has requested that the Board of County Commissioners of Monroe County, Florida, approve for record a plat known as "Amended Plat of Port Bougain- vi11e, a revised plat of all of 'Port Bougainvi1le' - a resubdivi- sion of Final Revised Plat of North Largo Yacht Club Plat No.1" as recorded in the Official Records of Monroe County, Florida, in Plat Book 7, page 21, and WHEREAS, said Plat conforms with all the plat filing rules and regulations of Monroe County, Florida, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the plat known as "Amended Plat of Port Bougainvi11e, a revised plat of all of 'Port Bougainvi11e' - a resubdivision of Final Revised Plat of North Largo Yacht Club Plat No.1", as recorded in the Official Records of ~onroe County, Florida, in Plat Book 7, page 21, be and the same is hereby approved for record, and the Mayor and Chairman of the Board of County Com- missioners, and the Clerk of the said Board are hereby authorized to execute the Certificate of Approval of said plat. Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Boarg held on the 7th day of January, A.D. 1983. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By s:} (Seal) " ' -.......";:.....7).." . . :.'~'/;V:'~ :~"'~'.~-~~;.:.,. I\~;;st - ../ """.. b ' -..\.),.- .;~ / ..../ ~ .~~/k ,;-- - -;:"..~ .---~ BY APP;:'OVED A$ TO FORM AN! .fOAl. SUFFICIENCY. ~ / ~ ~..~ A~B(.~ k RECORDED IN OFFICIAL RECORDS BOOK or MONROE OOUNTY. FLORIDA. f,c:CORD VERIFIED R..i\LPH W, \VHITE CLERK CIRCUIT COuRT CJ~ - . 294052 - PORT BOUGAINVILLE MANGROVE PRESERVATION COVENANT KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS, City National Bank of Miami, as Trustee under Land Trust No. 500562-8, dated December 29, 1980 (hereinafter the "Owner"), is the record title owner of certain parcels of real property in Monroe County, Florida legally described on Exhibit A hereto (hereinafter the "Mangrove Parcels"): and WHEREAS, the Mangrove Parcels are located within a Planned Unit Development (PUD) known as Port Bougainville, a development of regional impact under Section 380.06, Florida Statutes: and WHEREAS, the Owner has applied to Monroe County, Florida for approval of certain revisions to development plans for Port Bougainville and for a substantial deviation determina- tion with respect to said revisions pursuant to S380.06(17), Florida Statutes: and WHEREAS, the Owner desires to provide further assur- ances to Monroe County that the Mangrove Parcels will be preserved in their natural state to ensure the long term viability of Mangrove vegetation and wildlife within Port Bougainville. NOW, THEREFORE, the Owner hereby voluntar ily declares that the Mangrove Parcels shall be subject to the following cov- enants which are intended and shall be deemed to be covenants running with the land and binding upon the Owner, its successors and assigns: 1. The Mangrove Parcels shall be permanently preserved in their natural state and shall not be used for any purpose other than as a natural preserve for Mangrove vegetation and wildlife. .. .J.. -~ eX s v.; 2. Except as may be permitted pursuant to~esolution ':.. - 277.... Ij6Z, adopted by the Board of County commi~ionJ{s of ~ "-..) No. T ~ 111111 ;. ()IF ?H.— 0 /UPCI319 • _ Monroe County on October 25, 1982, the building of any structure within the Mangrove Parcels shall be prohibited.. 3. Access to the Mangrove Parcels shall be restricted to those pathways, and nature trails as may be provided by the Owner , its successors or assigns. 4. This Covenant shall not become effective unless and until Monroe County has duly approved the Owner ' s application for a substantial deviation determination and approval of Port Bougainville's F.S. §380. 06 amended development order and PUD master development plan and plat by adoption of Resolution No. 077-1,IZ and said Resolution has become final and not subject to appeal. IN WITNESS WHEREOF, the Owner has executed this Port . Bougainville Mangrove Preservation Covenant this ? ) day of October , 1982. Witnesses: CITY NATIONAL BANK OF MIAMI, AS TRUSTEE, AND NOT INDVIDUALLY UNDER LAND TRUST NO.; 500562-8, 4ted ° Decem8er 29 ,' 1980. loft% 041,41/4. • 5, Rif?, 9 c.) ,o*\ mr.M`REsikai — 1fila 1963"-'' 1/4) SEA- I lir it-1.000's STATE OF FLORIDA ) SS : COUNTY OF DADE I HEREBY CERTIFY that ; on this day personally appeared before me an officer duly authorized to administer oaths, and take R4 acknowledgments, mARioCASTRO , to me well known to be the person described 'in' and who executed the foregoing instrument and he cknowledged before me that he executed the same for the purposes therein expressed. .••- totientrviii„ii774 '''' s NO5ARY JBLIC OTARY .. Notary Public, State of Florida at Large P u My Commission Expires March 11, 198a s 0 .. .••• ..... #.04 afn0' ‘474.441.11p100,0.1° RECORDED IN OFFICIAL RECORDS BOOK OF MONROE COUNTY, FLORIDA. RECORD VERIFIED RALPH W. WHITE CLERK CIRCUIT COURT - - -- PORT BOUGAINVILLE HAMMOCK PRESERVATION COVENANT KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS, City National Bank of Miami, as Trustee under Land Trust No. 500562-8, dated December 29, 1980 (hereinafter the "Owner") , is the record title owner of certain parcels of real property in Monroe County, Florida legally described on Exhibit A hereto (hereinafter the "Hammock Parcels") ; and WHEREAS , the Hammock ; Parcels are located within a Planned Unit Development (PUD) , known as Port Bougainville, a development of regional impact; under Section 380 . 06, Florida Statutes; and WHEREAS, the Owner has applied to Monroe. County, Florida for approval of certain revisions to development plans for Port Bougainville and for a ! substantial deviation determina- tion with respect to said revisions pursuant to §380. 06 (l7) , Florida Statutes; and WHEREAS, the Owner desires to provide further assur- ances to Monroe County that the Hammock Parcels will be preserved in their natural state to ensure the long term viability of hammock vegetation and wildlife within Port Bougainville. NOW, THEREFORE, the Owner hereby voluntarily declares that the Hammock Parcels shall be subject to the following cov- enants which are intended and shall be deemed to be covenants running with the land and binding upon the Owner, its successors and assigns : j 1. The Hammock Parcels shall be permanently preserved in their natural state and shall not be used for any purpose other than as a natural preserve for hammock vegetation and wild- , oc life. � z- - 2. Except as maybe �~p permitted pursuant to` Resolution No. 277- j 9R _ , adopted by the ,Board of County Comm'issidilers of Monroe County on October 25, 1982, the building of any st%uctu_re n within the Hammock Parcels shall be prohibited. _� 1 L „ • . , _:. . : . . ._ . , , , _ Ff. ,,.•. _, 11111 , ,,; = I�. " . ________ . ,.. . .. . .1111 . 8/O 131i 3. Access to - the Hammock Parcels shall be restricted to those pathways and nature trails as may be provided by the Owner , its successors or assigns. 4. This Covenant shall not become effective unless and until Monroe County has duly approved the Owner ' s application for a substantial deviation determination and approval of Port Bougainville' s F.S. §380. 06 amended development order and PUD master development plan and plat by adoption of Resolution 1 No.2 77/9 &, and said Resolution has become final and not subject to appeal. , IN WITNESS WHEREOF, the Owner has executed this Port Bougainville Hammock Preservation Covenant this ,I,2/ day of October , 1982. I Witnesses: CITY NATIONAL BANK OF MIAMI, I AS TRUSTEE, AND NOT j INDIVIDUALLY, UNDER LAND TRUST . NO. 500562-8, date1dd ece a 29, 1980 AA` 84Is ... 72 -7;1' -,..., nryota jee„ere al p --ittr) PIORIDP 4 STATE OF FLORIDA ) SS : . COUNTY OF DADE ) , I HEREBY CERTIFY that on this day personally appeared before me an officer duly authorized to administer oaths and take a . I��RT6. R.CP,STRo acknowledgments, to me well known to be the person described in and who executed the ,', foregoing instrument and he acknowledged before me that he executed the same for the purposes therein expressed. ` uituf,lttr i. ai®®�V° W• • T(�9rlrpppp NO�%']'�'RYeIPUBLIC %�l O T A R y'• 1 v a C4 : • W i OP . �„ •; PUBLIC My commission expires: ti , %; Di( %.........•• ,.. ,se"` Notary Public, State of Florida at Large `%4„,f t OR 10 I~s�1o. My Commission Expires March 11,1983, •asy:ici++c+`' - 2 - RECORDED IN OFFICIAL RECORDS BOOT( Ilk OF 6;ONROE COUNTY, FLORI DA. RECORD VERIFIED RALPII W. WHITE CLERK CIRCUIT COURT