Item L3
lAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: March 19, 2003
Bulk Item: Yes No X
Department: Land Authority
Agenda Item Wording: Approval to convey Plantation Key acreage (RE #93310 and part of 93300) to
the Village of Islamorada subject to a conservation easement.
Item Background: The Village of Islamorada has nominated this vacant property located on the
oceanside of Plantation Key at mile marker 87 for purchase by the Land Authority. The property
consists of a 3.3 acre oceanfront parcel of hammock and wetland vegetation zoned Residential Estate,
together with 1.4 acres of baybottom. The Land Authority already has a contract to purchase the
property from the private owner and is now ready to close. Upon approval by both the Village and the
Land Authority of the attached interlocal agreement and accompanying conservation easement, the
Land Authority will acquire the property, convey same to the Village, and take back a conservation
easement. The conservation easement will limit future use of the property to conservation.
Advisory Committee Action: On February 26,2003 the Advisory Committee voted 4/0 to approve the
proposed interlocal agreement and conservation easement.
Previous Governing Board Action: On December 18, 2002 the Board approved a contract to
purchase the property for $292,000.
Contract/Agreement Changes: N/A
Staff Recommendation: Approval.
Total Cost: $ 24.00 (recording fees)
Budgeted: Yes -L No
Cost to land Authority: $ 24.00 (recording fees)
Source of Funds: Land Authority
(Tourist Impact Tax and State Park Surcharge)
Approved By: Attorney -L
County Land Steward ~.
Executive Director Approval:
.~f::
Documentation: Included: X
To Follow: X
Not Required:
Disposition:
Agenda Item LA #3
MONROE COUNTY LAND AUTHORITYNILLAGE OF ISLAMORADA
INTERLOCAL AGREEMENT
KULlSKY OCEANFRONT SITE
THIS INTERLOCAL AGREEMENT (the "Agreement"), is made and entered into this _ day
of ,20_, by and between the Monroe County Comprehensive Plan Land
Authority, a land authority established pursuant to section 380.0661, Florida Statutes,
hereinafter referred to as "Land Authority," and Islamorada, Village of Islands, Florida, a
municipal corporation of the State of Florida, hereinafter referred to as "Village."
WHEREAS, the Village incorporated on December 31, 1997 and is located within the Florida
Keys Area of Critical State Concern; and
WHEREAS, the Village has nominated the property identified in Attachment A (hereinafter
"subject property") for acquisition by the Land Authority for the purpose of providing land for
conservation and public recreation; and
WHEREAS, in accordance with the Village's nomination, the Land Authority has entered into a
contract to purchase the subject property; and
WHEREAS, the Land Authority's purchase contract is contingent upon the Village accepting title
to the subject property from the Land Authority and granting a conservation easement to the
Land Authority at closing; and
WHEREAS, the purpose of the conservation easement is to insure future use of the subject
property is consistent with the Land Authority's enabling legislation; and
NOW THEREFORE, the Monroe County Comprehensive Plan Land Authority hereby agrees to
convey the subject property to Islamorada, Village of Islands at closing and Islamorada, Village
of Islands does hereby agree to simultaneously grant the conservation easement identified in
Attachment B to the Monroe County Comprehensive Plan Land Authority.
The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through
its CHAIRMAN, has executed this agreement on behalf of the MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY this day of
20_.
Page 1 of 2
ATTEST:
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(Seal)
By:
Mark J. Rosch, Executive Director
Murray E. Nelson, Chairman
Approved for Legal Sufficiency
Larry R. Erskine
The ISLAMORADA, VILLAGE OF ISLANDS, acting by and through its MAYOR, has executed
this agreement on behalf of ISLAMORADA, VILLAGE OF ISLANDS this day of
,20 .
ATTEST:
ISLAMORADA, VILLAGE OF ISLANDS
(Seal)
By:
Village Clerk
Mayor
Approved for Legal Sufficiency
Page 2 of 2
ATTACHMENT A
Part of RE #93300-000000
Lot 4, having a frontage of 272.5 feet, more or less, on the East side of the right of way of the Florida
East Coast Railway, and running through to the Atlantic Ocean, with a frontage on said Ocean of
272.5 feet, more or less, and containing 4.5 acres, more or less. The above described lot is according
to a Map of Government Lots 3, 5, and 6, of Section 18, Township 63 South of Range 38 East,
belonging to the Estate of J. B. Pinder, deceased. Said map being on record in Book 1, Page 81, in
the office of the Clerk of Circuit Court in and for Monroe County, Florida, at Key West, Florida.
ALSO
RE #93310-000000
A p~rc~l of sublW"g~d l~ncl In tlw Str~lts of F'lorJdo.. In S~ctlon 18. Township
63 South, R~n~ 38 E~st, Fronting Lot 4 ~ccordlng to H~cDonald's Pl~ t Book 1.
P~ge 81. Plantation K~y, Monroe County, Florida., /'IQre partlcul~rly described
as roltowsl
tro", the Intersection of' the dividing line bet.~en Lots 3 and 4, (4 ~nd 5, per
de~d) Pl~t Book 1. P~ge 81. with the SoutMrly right of "~y line of Old St~te
Road 4.;..1\ run South~~sterly along said dividing lIn~, 0. dtst~nc. of 471.36
Feet to the /'lean high tide line on the shore of the Straits of' FlOrido. at the
Northwesterly corn~r of ~ po.reel of' subM~rged land previously conveyed to
Sistrunk by Trustees Internal Il'Iprove/'lent Fund Deed No. 21026 and the pOint of
beginning of the po.reel hereinafter descrIbed) thence continue Southeo.sterly
along the '-"esterly slcle of so.lcl pareel, a cllstance of' 250 feet) thence South-
westerly With o.n Interior angle of' 102 degrees 00 Minutes, 0. distance of 278.6
feet to the Southeasterly prolongation of' the diViding line between Lots 4
ancl 5 (l-81)j thence Northwesterly along said prolongo. tlOn, 0. distance of 200
feet to the said Mean h'gh tIde line at the dividing Une between Lots 4 and
5i thence Northeasterly Meandering said M(>o.n high tide line. 0. distance of 280
tPet to the pOint of beginning.
ATTACHMENT B
GRANT OF CONSERVATION EASEMENT
THIS GRANT OF EASEMENT is made on this day of , 20_, by
Islamorada, Village of Islands, Florida, a municipal corporation of the State of Florida, of PO Box
568, Islamorada, Florida 33036, Grantor, to Monroe County Comprehensive Plan Land
Authority, a land authority under Section 380.0663 (1), Florida Statutes and Monroe County
Ordinance No. 031-1986, whose address is 1200 Truman Avenue, Suite 207, Key West, Florida
33040, as Grantee.
Recitals
A) The Grantor is the owner of certain real property (the servient estate) located in Monroe
County, Florida, more particularly described in Attachment A.
B} This easement is a conservation easement created pursuant to Section 704.06, Florida
Statutes, and is to be governed by, construed, and enforced in accordance with that statute
along with applicable laws of the State of Florida.
1. Grant of easement.
In consideration for the sum of Ten and 00/100 Dollars ($10.00) and other good and
valuable considerations to said Grantor in hand paid by said Grantee, the receipt of
which is hereby acknowledged, the Grantor hereby grants to Grantee the easement
described below.
2. Easement area.
The location of the easement area on the servient estate is as follows: all of that property
described in Attachment A.
3. Restraints imposed by 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 uses other than conservation.
b} No transfer of development rights of any kind.
c) No construction or placing of buildings, roads, billboards or other advertising, or
utilities on or above the ground.
d) 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.
e} No removal or destruction of trees, shrubs, or other vegetation except non-native
species.
f) No excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other
material substance in such manner as to affect the surface.
g} No surface use except for purposes that permit the land or water area to remain
predominately in its natural condition.
h) No activities detrimental to drainage, flood control, water conservation, erosion
control, soil conservation, or fish and wildlife habitat preservation; specifically no
suffering, permitting, or allowing invasive exotic species such as Australian pine
(spp. Casuarina), Brazilian pepper (Schinus terebinthifolius), or Latherleaf (Colubrina
asiatica) to exist.
i) No acts or uses detrimental to such retention of land or water areas.
Page 1 of 3
4. Rights reserved by Grantor.
Notwithstanding the restrictions described in Paragraph 3 above, Grantor specifically
reserves the right to construct a fence along the Old Highway frontage of the subject real
property in accordance with all applicable federal, state, and local regulations.
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. Grantor represents 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. Modification of easement.
No modification of this easement is binding unless evidenced in writing and signed by an
authorized representative of the Grantee.
7. Attorney's fees.
In the event of any controversy, claim or dispute arising under this instrument, the
prevailing party shall be entitled to recover reasonable attorney's fees and costs,
including appeals.
8. Entry of Grantee's representative on the servient estate.
The Grantee may enter upon the servient estate, after first furnishing the Grantor no less
than 24 hours notice, for the purpose of inspection to determine the Grantor's
compliance with this Grant of Easement.
9. Notice.
Any notice provided for or concerning this grant of easement 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 Grant of Easement.
IN WITNESS WHEREOF, each party to this Grant of Easement has caused it to be executed on
the date in the first sentence of this Grant of Easement.
Islamorada, Village of Islands
Grantor
Witness
By:
Witness
Page 2 of 3
STATE OF FLORIDA)
SS:
COUNTY OF MONROE)
The foregoing instrument was acknowledged before me this day of I
20_ by , MAYOR of ISLAMORADA, VILLAGE OF
ISLANDS, who (check one) [ ] is personally known to me or [ ] has produced a Florida drivers
license as identification.
Notary Public, State of Florida
My commission expires:
Print Name:
Page 3 of 3
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Mile Marker
87
Island Plantation Key
Property Name
Kulisky
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