Item N04BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 10, 2015
Bulk Item: Yes X No
Division: County Attorney
Department:
Staff Contact /Phone #: Steve Williams/292-3470
AGENDA ITEM WORDING: Request of the property owner, Ocean Pointe Commons Association,
Inc, to expand existing recreational facilities in exchange for a Conservation Easement to be imposed
on two parcels of land, 500 Burton Drive, Key Largo.
ITEM BACKGROUND:
Ocean Pointe Commons Association Inc is a condominium association for Ocean Pointe
Condominiums, a residential community located at 500 Burton Drive Tavernier, Florida. This
community (formerly Planter's Pointe) was developed in the 1980's. At the time of the original
development, there was a controversy between the developers and Monroe County over the areas of
the property allowable for development. The dispute resulted in a lawsuit in the Circuit Court for
Monroe County. The resolution of this case resulted in a Stipulated Judgment (Case No. 83-20330-
CA-17-33). This Judgment incorporated and imposed development rights and conditions for the
projects development. Significantly, the Stipulation had no termination date.
The project developers, and their predecessors, complied in all regards to the development conditions
and constructed the project on or about 1990 and acted in reliance on the Stipulated Judgment. The
total area of the project is 69.35 acres and is located on the north and south side of Burton Drive. The
north side of Burton Drive contained an area for the required sewage treatment plant (constructed on
approximately .48 acres) and additional residential development. As part of the Stipulation, the
proposed residential component was deleted and the remaining 26+ acres were preserved via
Conservation Easement. The south side of Burton Drive contains the residential development. Over
50% of this 43.09 acre site was preserved via a Conservation Easement. As required by the Stipulation
the best or prime wildlife habitat was preserved on the south side of Burton Drive. The remaining areas
were allocated for the project development.
The Association and its membership have determined an additional need for recreational facilities in
response to requests by their membership. Exhibit A provides an overview of the project outlining the
existing conservation areas, existing development and proposed recreational facilities expansion area.
As shown on this plan, the most logical area for expanded recreational facilities is adjacent to the
existing swimming pool complex. This area is currently undeveloped and wooded, and is not included
in either of the Conservation Easements. The proposed recreational facilities include walking trails, a
splash area for children, picnic areas, shade structures and other like amenities. The Association
agreed, as noted in the proposed Conservation Easement, that no redevelopment of the recreational
area as residential units will take place. Exhibit B is a Conceptual Plan provided as a draft of the
proposed improvements. The proposed expansion area is approximately 1 acre.
The Association is proffering additional conservation easements in compensation for the ability to
develop the additional recreational facilities. Adjacent to the proposed recreational facilities is a 0.475
acre undeveloped area and on the north side of Burton Drive is a 0.413 acre sewage treatment plant
site. The sewage treatment plant has been decommissioned with the advent of central sewer system in
Key Largo. Exhibit C contains the surveys of these two parcels as well as a survey of the proposed
recreational area. Exhibit D provides the proposed Conservation Easement that extinguishes any
future opportunities for development with the exception of re -vegetating the sewage treatment area
with native plant material. In summary, the current area contained within the existing Conservation
Easement is 49.5 acres. The total conservation area, including the proposed additions is 50.4 acres or
73% of the entire project area..
PREVIOUS RELEVANT BOCC ACTION:
In 1993 and subsequent years, the Condominium Association sought additional permits for
development of the project under the stipulation and development agreements and these requests were
granted by Monroe County.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Accept the proffered Conservation Easement and allow the
proposed expansion of the recreational facilities into the adjacent area as contemplated by the attached
Conceptual Plan pursuant to the issuance of Monroe County Building Permits.
TOTAL COST: INDIRECT COST: BUDGETED: Yes
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
REVENUE PRODUCING: Yes No
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
APPROVED BY: County Atty�Lcl OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
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BESCRIPT1Ok SKETCH OF DESCRIPTION
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\ \A parcel of land being o portion of Section 26, Township 62 South, Range 38 East, Tavernier, Monrw County, Florida, and Also bring n
of TRACT A', PLANTERS POINTE, as shown on the Plat thereof,` Recorded In Plat Book 7, Pape 45 of the Public Records of
Morro. County, F'OHH&, said parcel f land being more partkularly described fdlawsi
\ Far a point of referrer, COMMENCE at the Northeast corner of Lot 9, BIIRT0IS YACHT BASIN, as shown on the Plat thereof,
\ r ♦Recardtd In Pint Book 2, Pape 119 of the Pubic Records of said Monroe County, Florkl% and run thence 5.49.27'S3'E„ along the
\Southwesttrly right P y 41ne of Plantar Drive, (also known as Royal Palm Ave"), a distance of 5040 feet, to the South-
easterly line of 'THE EAST PARCEL', as shorn and described ns 'Parcel shall be subject to o restrictive covenant hkh .Ill
Se O \ \rpetually sohblt any dtvelopnent of saM parcel and quire It to be preserved M the natural state', n shown o
,) thhaosse WW prepared by Post, Buckley, Schuh s .]e .; Inc, Glob No, 40E-10a80, =.d Jul S, 1984 and last Is,d
July 24, 1984) Por Planters Pantil thence eontM�e S. 19'27'S3'E. alwp the Sou{hwerteHy right of way INe of
�VRjpNi� R�\ / �iantm Delve for a distance of 14&00 fret] run then. S.40132.071H. a distance of 141.81 feet to the POINT nF
��EEGiNNINGI Fran the POINT OF BEGINNING, thus described, contkwx 5.40-W07'V. for a distance of I92A2 feet, to
q ♦ \ \ the Point of Curvature, of a curve leadkq Southwest e IY) run thence Southwesterly, along and .round the
\ arc of a curve, " concave Southtns rl and hnvFq a rndk+s of 315R0 Pert, through n central a f
�RI R, < \"7 \ 092Z'12 to the left, an arc dst.xe of 5L92 feet, {o o pant, last soil arc brig subtended by .chord
\ \bearing and distance of 5,33.49'231V., 5126 fret] run thence N.84.271538V., a c1stnnee of 183.43 fret, to
Oq'3� �' ♦ a pops on the aforas.id Southwesterly Ilnr of THE EAST PARCEL-1 run thence N.40'32'o7'E, alorQ the
2• \ oforesad Southeast.rl Ike of T}ME EAST PARCEL', a distance of 348.92 feet] run thence
N� \�\&49.27'S3'E„ a distance of 146M feet, back to the POINT OF BEGINNING. ContakAnp LOQ Acres,
49 \
\ \NOLEThis sketch represents a 'SKETCH OF DESCRIPTION' of the -SUBJECT PARCEL' /
\` �\ \horn hereon and Is 'NOT A BOUNDARY SURVEY'.
brarky base for this sketch Is the Southe.~Ly right of ray /
i� \Une of Planter Drhre ha o bearkw of 5.49.271531E antl tlerlved I
\"�i 'M✓ //�� \from
the Pln{ of
PLANTERS pOIHT described hereon. /
\L\ F\ PALMA S❑LA / � ,
\ \(Plat Book 1, Page 115) / S/ ,
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GRAPHIC SCALE 'O4�A�' / y0� /hpo ♦ �' \♦
URTDN'B�ACIT BASIN
LAT ODK 2, PAGE 319�
Ir
E A S T P A R C E L y
e
PARCEL SHALL BE SUBJECT TO A RESTRICTIVE COVENANT WHICH WILL PAC
PERPETUALLY PROHIBIT ANY DEVELOPEMENT OF SAID PARCEL AND \
REQUIRE IT TO BE PRESERVED IN THE NATURAL STATE,
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Radius= 315.80,
T R A C T H A„ Arta 51 gz25"12"
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Chord= 51,86'
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— Phone: (305)853-0066 / Fax: (305)853-0233 _
RV 88888 Overseas Highway P.O. Box 619, Tavernier, Fl. 33070
Client: Ocean Pointe Condo. Florida Certificate of Authorization No. LB 7882 NOT VALD
Section 26 Townehi 62 South, Range 38 Ea8t i hereby tartly that the survey hereon ww performed under gy direct WITHOUT THE
P 9 wupsMslon and Is and correct to the bast of my W»wkdge and SIGNATURE AND
bel[of THE ORIGINAL
Key Largo Monroe County, Florida RAISED SEAL
OF A FLORIDA
Drafted: 3-19-15 Fleldbook No. NA. LICENSED SURVEYOR
Drawing No. 12575C Drown By: DSM Scale: 1" = 80' David S. Massey, P.S.M. # 5125 AND MAPPER
EXHIBIT C-1
\ `♦° pOrOH a 11eAdwKr° °�a s.Caan 94 ra�� es south ra EeeR roverd"' Mares County, i1a►Ide oM Alre 1wA .
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♦ ♦ 0 Pre r i� 1pWip s o1 SA9'�m C and der �/
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GRAPHIC SCALE
S r yACHr V�
EAST PARCEL\�
PARCEL SHALL W SUBJECT TO A RESTRICTIVE COVENANT VHICH WILL
PERPETUALLY PR@iMIT ANY DEVELOPENENT OF SAID PARCEL AND
REWIRE IT TO BE PRESERVED IN THE NATURAL STATE. a�'t� I ♦♦
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szda CONDOMINIUM
Phone: 0068 Fax
88886 Overseas P.O. Box 619 To"cAl4e.n. 33070
Client: Ocean Points Condo. Florida Certificate of Authorization No. LB 7882 .E
AU
Section 28 Township 62 South. Range 38 Eort I h"'� 0e'� tine �' "°"'J M1ep1 a"a P.�an'ed awn my dead tYJIFJOGT THE
eupankron aM b true and axuet to tin bat d nq blowkdge aq SIGNATURE AND
Key Largo Alone County, Florida Meat THE ORIGINAL
RAISED SEAL
Draftee 3-19-15 Fleldbook No. NA RIDA
�AFLORVEY
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Drawing No. 125758 Drown Br. OSJI Seals: t" an, naviw a c,ec AND MAPPER
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PETSCHE & ASSOCIATES INC.
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1760 M. Con►r�u �w.. Sviu 203, W*r ta1• ►saeh. FL 33409 (407) 64O-){00
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EXHIBIT C-3
GAL'DESCRIPTION ) OCEAN POINTE SEWAGE TREATMENT PLANT SITE
A PARCEL OF LAND SITUATE IN SECTION 26, TOWNSHIP 62 SOUTH, RANGE 38
EAST, MONROE COUNTY, FLORIDA, BEING A PORTION OF TRACT "B", AS SHOWN
ON THE PLAT OF "PLANTERS POINTE", AS RECORDED IN PLAT BOOK 7, AT PAGE
45, OF THE PUBLIC RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS)
COMMENCING AT THE SOUTHEAST CORNER OF EXCEPTION PARCEL NO. 3, AS SHOWN
UN SAID PLAT OF "PLANTERS POINTE", SAID POINT ALSO BEING ON THE
WESTERLY RIGHT-OF-WAY LINE OF BURTON DRIVE; THENCE S72009'37"W ALUNG
SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 190.00 FEET TO THE
POINT OF BEGINNING OF THE PARCEL HEREINAFTER DESCRIBED.
FROM..THE POINT OF BEGINNING, THENCE DEPARTING FROM SAID RIGHT-OF-WAY
N17Qn0'23"W A DISTANCE OF 150.00 FEET; THC'NCE S72009'37"W A
DISTANCE OF 7n..nn FEET; THENCE S32021'17"W A ULbIANCE OF 70.10 FEETI
THENCE S17450'23"E A DISTANCE OF 100.00 FEET TO THt HFORE5AID RICIIT-.
OF -WAY LINEI THENCE N72-09'37"E ALONG SAID RIGHT-OF-WAY LINE, A
DISTANCE OF 130.00 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINING 0.413 ACRES MORE OR LESS.
Dawn
r.E.l1
CA�atsd
PETSCHE & ASSOCIATES, INC.
PIO�iilOhl QRQiM�ff • MyVri • DMbpn�nt COtiuNotrl
060 3. C--,t--- Av-.. Tint- T03. w-t r-Aa s—h. R 5l119 (107) 610-)MO
Daf•
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Scam FOR
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OxwAar, TlkexrHool ?LAw'f S)tE,
88-OZ6 OCFCAW 9C40-9.
1&4WI ' Zo;`'L
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
MONROE COL
GRANT OF CONSE
Y, FLO]
TION E
EXHIBIT D
NT
This Conservation Easement is Granted this day of a UNE, 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'2rants 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.
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.
Page 1 of 5
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
A. This easement is located on
B. This easement is shown in the dia
Exhibit "B" and by reference made apart hereof.
5. Law Governing the Easem
This easement is gove
Statute governing con
with that statute and in
6.
I3
within
estate as described above.
attached to this instrument as
Section 704.06 of the Florida Statutes, or the equivalent Florida
easements, and is to be construedand enforced in accordance
ice with the laws of the State of Florida and the Grantee's LDRs.
the Easement
and will impose the following restrictions on the use of the
A. No construction or placing of buildings, roads, signs, billboards or other
advertising, utilities or other structures on or above the ground.
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.
Page 2 of 5
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
To the greatest extent practicable, native vegetation shall be transplanted from the
recreation area to Parcel "A" (former sewage treatment site).
8. Development of Recreation Area
Grantee shall develop the property
The property shall not contain any units or
9. Access to the Servient
Grantor will allow Grantee ac
24 hours notice, for the purposes of i
grant of Easement.
10. Term of E
This easement is perpetual and runs
11. Persons Bound by E
estate.
12. En
n on Exhibit "A" solely as a recreational area.
)le structures.
enter upon the servient estate, with no less than
3 determine the Grantor's compliance with this
land.
future owners and mortgagees of the servient
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).
Page 3 of 5
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.
15. 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.
In Witness Whereof, Grantor grants the Conservation Easement above and executes this
instrument this day of April, 2015.
Wit. #1 —Printed Name:
Wit. #2 — Printed Name:
STATE OF FLORIDA
COUNTY OF MONROE
of OCEAN PO
has produced _
Sworn and
CEAN POINTE COMMONS ASSOCIATION,
Its President
the undersigned authority, personally appeared Don Stafford, as President
COMMONS ASSOCIATION, INC., who is personally known to me, or
as identification.
to me this
Typed Notary Name and Number
Page 4 of 5
day of April, 2015.
Notary Signature and Seal
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
go
Wit. #1 —Printed Name: Mayor
Wit. #2 — Printed Name:
STATE OF FLORIDA
COUNTY OF MONORE
2015.
Typed Notary N
Page 5 of 5
(Signature)
personally appeared
to me, or has produced
Notary Signature and Seal