Item B04
Environmental Resources
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 20. 2000
Division: Growth Management
Bulk Item: Yes -1L N~
Department: Environmental Resources
AGENDA ITEM WORDING:
Approval of a Grant of Conservation Easement for a parcel of land in Section 29, Township 66
South, Range 28 East, lying West of the State Road, Monroe County, Florida as described in the
attached Exhibit A, pages 1,2, and 3 between Frank Dirico and Monroe County, Florida.
ITEM BACKGROUND:
Per section 9.5-4(s-l) and 9.5-4 (m-3) of the Monroe County LDRs the salt marsh and mangrove
wetlands on this site shall be preserved and the deed restriction will run with the land so that all
future development shall also be restricted. No clearing, filling or development of any kind shall
ever be allowed within the preserved area.
PREVIOUS RELEVANT BOARD ACTION:
On July 16, 1998 Monroe County, the Department of Community Affairs (DCA) and the
predecessor in title, Cudjoe Enterprises, Inc. entered into a Settlement Agreement, of which this
Conservation Easement is a requirement.
STAFF RECOMMENDATION:
Approval of the Grant of Conservation Easement.
TOTAL COST:
paid
BUDGETED: Yes
No
COST TO COUNTY: None (fee paid by Frank Dirico)
APPROVED BY: County Attorney Y
DEPARTMENT DIRECTOR APPROV
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
To follow
Not required _
Agenda Item #: ~
DISPOSITION:
Board of County Commissioners
RESOLUTION NO.
-2000
A RESOLUTION OF THE BOARD OF
COMMISSIONERS OF MONROE COUNTY,
FLORIDA APPROVING A CONSERVATION
EASEMENT WHICH WAS REQUIRED PURSUANT
TO A PREVIOUSL Y APPROVED SETTLEMENT
AGREEMENT.
WHEREAS, Monroe County, the Department of Community Affairs
(DCA) and Cudjoe Enterprises, Inc. entered into a Settlement Agreement, signed
by the Mayor on 7-16-98, pursuant to Section 380.032(3), Florida Statutes; and
WHEREAS, the Board of Commissioners required "restoration and
reclamation" as part of that agreement; and
WHEREAS, pursuant to Sections 9.5-4 (S-l) and (M-3), the salt marsh and
wetlands on this site shall be preserved and that a restrictive covenant be created to
assure that no future development can occur in that environmentally sensitive area;
and
WHEREAS, towards that end, Cudjoe Enterprises, Inc., through its
successor in interest Frank Dirico, has submitted a Conservation Easement running
in favor of Monroe County; and
WHEREAS, that Conservation Easement has been reviewed and approved
by the County Biologist; and
WHEREAS, the Conservation Easement has been found legally sufficient
to constitute a valid easement, running with the land, in perpetuity.
Page 1 of2
C:\ WINNT\Profiles\Coller-Garth\Documents\ W ork\BOCC\Resolutions\Conservation Ag. Acceptance.doc
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the
Conservation Easement from Frank Dirico to Monroe County, meets that
requirement of the earlier Settlement Agreement and is hereby accepted.
PASSED AND ADOPTED by the Board of Commissions of Monroe
County, Florida, at a regular meeting held on January 20th, 2000.
Mayor Freeman YES
Vice-Chair Neugent YES
Commissioner Harvey YES
Commissioner Reich YES
Commissioner Williams YES
BOARD OF COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Freeman
(SEAL)
Attest: Danny L. Kolhage, Clerk
Deputy Clerk
BY
BY:
Signed this _ day of
, 2000.
Page 2 of2
C: \ WINNT\Profiles\Coller-Garth\Documents\ W ork\BOCC\Resolutions\Conservation Ag. Acceptance.doc
MONROE COUNTY
OFFICIAL RECORDS
CONSERVATION EASEMENT
FILE #1 1 5487 9
BK#1607 PG#1083
STATE OF FLORIDA RCD Dee 06 1999 04: 53PM
DANNY L KOLHAGE, CLERK
COUNTY OF MONROE
KNOW ALL MEN BY THESE PRESENTS that Frank Dirico, whose
address is 1 South Pelican Drive, Key Largo, Monroe County, Florida,
(Grantor) has granted to Monroe County (Grantee), a Conservation
Easement in accordance with Section 704.06, Florida Statutes (1987), in and
over real property in Monroe County, Florida, as set forth in the legal
description and scale drawing attached as Exhibits A and B, respectively.
This easement is granted pursuant to U.S. Army Corps of Engineers (ACE)
Permit No. 198501133 (IP-EJ), Florida Department of Environmental
Protection (DEP) Permit No. 44-0150416-001-ES and the Agreement among
Cudjoe Enterprises, Inc., predecessor in interest to Frank Dirico, Monroe
County, and the Florida Department of Community Affairs (DCA) executed
July 16, 1998.
As used herein, the term Grantor shall include any successor or
assignee of the Grantor, and the term Grantee shall include any successor or
assignee of the Grantee.
It is the purpose and intent of this Conservation Easement to assure
that the subject lands will be retained and maintained forever in the natural
condition existing at the time of execution of this Conservation Easement.
To carry out this purpose, the following right is conveyed to the Grantee, the
DEP, the DCA and the ACE by this conservation easement: to enter upon
the property at reasonable times to observe and inspect the property and to
PILE #1 1 548 7 9
BK#1607 PG#1084
enforce the rights granted herein upon prior oral or written notice to the
Grantor, its successors and assigns, in a manner that will not reasonably
interfere with the use and quiet enjoyment of the property by the Grantor at
the time of entry.
The following activities are prohibited on the property subject to this
Conservation Easement
I . Construction or placement of buildings, roads, signs, billboards
or other advertising, utilities, or other structures on or above the
ground;
2. Dumping or placing of soil or other substances or material as
landfill, or dumping or placing of trash, waste, or unsightly or
offensive materials;
3. Removal or destruction of trees, shrubs, or other vegetation;
with the exception of nuisance and exotic plant species as may
be required by Grantee;
4. Excavation, dredging or removal of loam, peat gravel, soil, rock
or other material substance in such manner as to affect the
surface;
5. Surface use except for purposes that permit the land or water
area to remain predominantly in its natural condition;
6. Activities detrimental to drainage, flood control, water
conservation, erosion control, soil conservation or fish and
wildlife habitat preservation;
7. Acts or uses detrimental to such aforementioned retention and
maintenance of land or water areas; and
8. Acts or uses detrimental to the preservation of any features or
aspects of the property having historical, archeological or
cultural significance.
2
FILE #1 1 54 B 7 9
BK#1607 PG#1085
The Conservation Easement hereby granted and the obligation to
retain and maintain the land forever predominantly in the vegetative and
hydrologic condition as herein specified shall run with the land and shall be
binding upon the grantor and its successors and assigns, and shall inure to
the benefit of the Grantee and its successors and assigns.
Nothing in this Conservation Easement shall be construed as a
prohibition by the Grantor, its successors or assigns, or the grantee, its
successors or assigns of exercising the transfer of any development rights
authorized for this parcel, as designated by Monroe County, to any other
parcel located within Monroe County which is not a part of the lands subject
to this Conservation Easement. Nor shall this provision be construed as
constituting pre-approval for development of that alternative parcel by the
Grantee, the DEP, the DCA, the ACE or any other agency of the Federal
Government.
The terms and conditions of this Conservation Easement may be
enforced by the Grantee, the DEP, the DCA and the ACE by injunctive relief
and other appropriate available remedies, and Grantor consents that venue
for such enforcement actions shall lie exclusively in the Circuit Court of the
Sixteenth Judicial Circuit, in Monroe County, Florida.
Any forbearance on the part of the Grantee to exercise its rights in the
event of the failure of Grantor to comply with the provisions of this
Conservation Easement shall not be deemed or construed to be a waiver of
the Grantee's rights hereunder in the event of any subsequent failure of the
Grantor to comply.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand
and seal on this 2!!!!! day of JJer JP~ D.;'L , 1999.
3
FILE #1 1 548 7 9
BK#1607 PG#1086
Signed, sealed and delivered
ill our presence:
~~ ,?dd~~
Witness
~~~4r-~ w~)f~A--.5
(Print Name of Witness)
By:
Jj~
Mark Baker, Power of Attorney
for Frank Dirico, Grantor
----- ----
C!~~)1/l1JJ~
Itness
eel rvi.e. !l/fk..R~
(Print Name of Witness) -
These covenants shall be recorded in
the Public Records of Monroe County.
STATE OF FLORIDA
COUNTY OF MONROE
/!~cJ
The foregoing instrument was acknowledged before me this r/
day of --,; ((~"" ..... ~/ , 1999 by Mark Baker, Power of Attorney for
Frank Dirico. He is personally known to me or has produced =--.-. '-: - . /-.. '
~ ...- ,r;' ,03
'.:..If ~." ,,,./1
7. _C"OO"I....
as identification.
My Commission Expires:
Notary Publl /::--- '. (Seal)
/t'-V"\ JOANN KUBES
,rA'" COMMISSION;' CC 7073904
U1 A~ exPI~fS JAN 28, 2002
~~. BONDED THRU
~OF ~ ATlANTIC BONDING CO., INC.
/1 -'
/, I;' I
1. /! D.. '
"A.' /'.1'1/1 U..>...U
(Print Name of Notary Public)
4
FILE #1 1 5487 9
BK#1607 PG#1087
Legal Description
WEZ No.1:
A parcel of land located in the East ~ of the Northwest ~ of Section 29,
Township 66 South, Range 28 East, lying West of the State Road,
Monroe County, Florida, and being more particularly described as
follows:
Commence at the Northeast corner of the Northwest ~ of Section 29,
Township 66 South, Range 28 East; thence West along the North Line of
Section 29 for 300 feet to the Westerly Right-of-Way Line of the State
Road; thence South along the said Westerly Right-of-Way Line of the
State Road for 2640.43 feet; thence West along the South Line of the
East ~ of the Northwest If.t of said Section 29 for 155 feet to the Point of
Beginning; thence West and continuing along the said South Line of the
East ~ of the Northwest ~ of Section 29 a distance of 865 feet; thence
North along the West Line of the East ~ of the Northwest ~ of said
Section 29 a distance of237 feet; thence North 83009'40" East a distance
of 380 feet; thence South 58048'32" East a distance of 288 feet; thence
South 85054'39" East a distance of 188 feet; thence North 14000'37" East
a distance of 260 feet; thence East a distance of 35 feet; thence South a
distance of 298 feet; thence South 30049"31" West a distance of 86.12
feet to the Point of Beginning.
Parcel contains 199,681 square feet or 4.58 acres, more or less.
EXHIBIT A
Page 1 of3
FILg #1 1 548 7 9
BK# 1 607 PG# 1 088
Legal Description
WEZ No.2:
A parcel of land located in the East ~ of the Northwest 'l4 of Section 29,
Township 66 South, Range 28 East, lying West of the Sate Road,
Monroe County, Florida, and being more particularly described as
follows:
Commence at the Northeast corner of the Northwest 'l4 of Section 29,
Township 66 South, Range 28 East; thence West along the North Line
of Section 29 for 1,320 feet to the West Line of the East ~ of the
Northwest 'l4 of said Section 29; thence South along the West Line of
the East ~ of the Northwest 'l4 of Section 29 for 915 feet to the Point of
Beginning; thence South and continuing along the West Line of the
East ~ of the Northwest 'l4 of Section 29 a distance of 485 feet; thence
North 65032'45" East a distance of 240 feet; thence North 06011"33"
West a distance of 375.84 feet; thence West a distance of 51.30 feet;
thence North a distance of 27 feet; thence West a distance of 126.63
feet to the Point of Beginning.
Parcel contains 88,328 square feet or 2.03 acres, more or less, and
A parcel of land located in the East ~ of the Northwest 'l4 of Section 29,
Township 66 South, Range 28 East, lying West of the State Road,
Monroe County, Florida, and being more particularly described as
follows:
Commence at the Northeast corner of the Northwest 'l4 of Section 29,
Township 66 South, Range 28 East; thence West along the North Line
of Section 29 for 1,320 feet to the West Line of the East ~ of the
Northwest 'l4 of said Section 29; thence South along the West Line of
the East ~ of the Northwest 'l4 of Section 29 for 900 feet; thence East
for 215 feet to the Point of Beginning; thence East a distance of 85 feet;
thence North a distance of 350 feet; thence South 20055'07" West a
distance of 157.41 feet; thence South 08004'33" West a distance of205
feet to the Point of Beginning.
Parcel contains 18,461 square feet or .42 acres, more or less.
EXHIBIT A
Page 2 of3
FILE #1 1 548 7 9
BK#1607 PG#1089
Legal Description
WPZ:
A parcel of land located in the East Y2 of the Northwest 'l4 of Section 29
Township 66 South, Range 28 East, lying West of the State Road,
Monroe County, Florida, and being more particularly described as
follows:
Commence at the Northeast comer of the Northwest 'l4 of Section 29,
Township 66 South, Range 28 East; thence West along the North Line
of Section 29 for 485.00 feet; thence South 269.00 feet to the Point of
Beginning; thence continue South for 30.00 feet; thence West for
535.00 feet; thence North for 30.00 feet; thence East for 535.00 feet to
the Point of Beginning.
Parcel contains 16,050 square feet or 0.37 acres, more or less.
EXHffiIT A
Page 3 of3
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MONROE COUNTY
OFFICIAL RECORDS