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Item F3 LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: August 20, 2014 Division: Land Authority Bulk Item: Yes No X Contact/ Phone #: Mark Rosch / 295-5180 Agenda Item Wording: Approval of a resolution approving a declaration of restrictive covenants and corresponding funding toward the purchase of the Johnson property by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. Item Background: The proposed resolution authorizes the Land Authority to partner with the State of Florida in the Florida Forever acquisition known as the Johnson property. The resolution authorizes the Land Authority to contribute $600,000 toward the State's purchase of the property at a price of $3.6 million. As consideration for the Land Authority's funding, the State will grant the Land Authority a declaration of restrictive covenants. The Johnson property consists of four sites totaling approximately 1,280 acres, of which approximately 920 acres are above mean high water. The property is zoned Sparsely Settled and Native Area. With the exception of one 0.2 acre parcel designated Tier 3 — Infill Area, all of the property is designated Tier 1 — Natural Area. The property's vegetation includes tropical hardwood hammock, saltmarsh and buttonwood transitional wetlands, beach berm, freshwater wetlands, mangroves, and submerged land. The largest of the property's four sites is on the ocean side of Sugarloaf Key east of Sugarloaf Boulevard. The property's other three sites are located on the ocean side of Sugarloaf Key west of Sugarloaf Boulevard; on Park Key; and on the ocean side of Saddlebunch Key. The restrictive covenants running in favor of the Land Authority require that the land be managed as conservation land to protect and restore native plant and animal communities and, as secondary uses, to protect cultural resources and to provide natural resource-based education and recreation. Advisory Committee Action: On July 30, 2014 the Committee voted 4/0 to approve a prior version of this resolution. The Committee will meet again on August 27, 2014 to consider this current version. Previous Governing Board Action: Over the past 25 years the Land Authority has partnered with the State on the acquisition of many Florida Forever properties in a variety of roles. Contract/Agreement Changes: N/A Staff Recommendation: Approval Total Cost: $ 600,000.00 Indirect Cost: $ Budgeted: Yes X No Cost to Land Authority: $ 600,000.00 Source of Funds: Land Authority (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney X County Land Steward X . Documentation: Included: X To Follow: Not Required: Disposition: Agenda Item Aerial Photograph of Subject Property Johnson Property Sugarloaf Key Par Key, and Sadd ebunch Key � � . ; � � ? 2 . � 2 • : . ® ` � { . - /� x - � � y; . :\» Aerial Photograph of Subject Property Johnson Property Sugarloaf Key - East I i IIIIIIIIIIIIIIIIIIIII � uuu 4!1 ®u � mr J O 1"� �����IIIIIIIIIIIIIIII I� I I ' � l f i Aerial Photograph of Subject Property Johnson Property Sugarloaf Key -West 7; d Jm Aerial Photograph of Subject Property Johnson Property Park Key r1 ;%/iiiiii///iiii�i//.��%/r r� r /ri "r ///j����/ %r rrr,✓i- � ��/r r� ///�� Aerial Photograph of Subject Property Johnson Property Saddlebunch Key I, �r J t � 4 1 J I > > m K r,� CL '0 X C/) M-0 E� m > -5; CD (a > B 0 a) m 2: 5 CD of ' M 0 PIZ" m RL 0) =r M 0 C- U 0 3 M :3 — M ga' M— 3 ;0 C'- 0. 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WHEREAS, the Declarant is the fee simple owner of that certain real property situated in the County of Monroe, State of Florida, more particularly described in Exhibit "A" attached hereto and incorporated herein (the "Property"); the Declarant deems it desirable, in the public interest, and in the best interest of present owners, assigns and successors-in-interest that the Property shall be used for conservation purposes, including the conservation of land and water resources of the State as the common meaning of those words is generally understood, and subject to the covenants and restrictions set forth herein, expressly and exclusively for the prevention of any uses of the Property that are incompatible with the current conservation uses. WHEREAS, the Land Authority has participated in the acquisition of the Property by the Declarant through the contribution of funding in the amount of$600,000.00 for which the Land Authority is receiving an interest in the Property through this Declaration; WHEREAS, it is the intention of the Declarant that the restrictions contained herein shall be perpetual, run with the land and bind the Declarant, its successors and assigns, and shall inure to the benefit of the Land Authority. NOW, THEREFORE, in consideration for the funding recited above and other good and valuable consideration in hand paid to the Declarant by the Land Authority, the receipt of which is hereby acknowledged, the Declarant hereby grants to the Land Authority the restrictive covenants described below. 1. Declaration Area. The area encumbered by the Declaration shall be all of that area described in Exhibit"A". 2. Baseline Conditions within the Declaration Area. The Declarant acknowledges as of the date of this instrument the baseline conditions within the Declaration area are those identified in the Baseline Documentation Report dated , on file in the offices of the Florida Department of Environmental Protection, Division of State Lands, 3900 Commonwealth Blvd., MS #115, Tallahassee, Florida 32399-3000. 3. Restraints Imposed by Declaration. The property within the Declaration area that is legally described in Exhibit "A" is to be managed as conservation land to protect and restore native plant and animal communities and, as secondary uses, to protect cultural resources and to provide natural-resource-based education and recreation. 1 Except where allowed by the Florida Keys Wildlife and Environmental Area Conceptual Management Plan, the following activities are prohibited: a) Construction or placing of buildings, roads, signs other than signs for safety, regulatory or educational purposes, billboards or other advertising, utilities, or other structures on or above the ground other than what is there currently, as documented in the Baseline Documentation Report. b) 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) Removal or destruction of trees, shrubs, or other vegetation except non-native vegetation. d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface. e) Surface use except for purposes that permit the land or water area to remain predominately in its natural condition. f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. g) Acts or uses detrimental to such retention of land or water areas. h) Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties identified by the State of Florida Department of State Division of Historical Resources as having historical, architectural, archaeological, or cultural significance. 4. Terms and Persons Bound and Notice of Transfer. This Declaration is perpetual, runs with the land and is binding on all present and subsequent owners, lessees, mortgagees, assigns and successors-in-interest of the Property. In order to ensure the perpetual nature of these restrictions, the Declarant and its successors and assigns agree to give written notice to the Land Authority of the transfer by the Declarant of any interest in the Property, including a leasehold interest, at least thirty (30) days prior to the date of transfer. The Land Authority acknowledges the Florida Fish and Wildlife Conservation Commission is the "Managing Agency" for the Property under amendment to its Lease #4153 from Declarant. The Declarant shall reference this Declaration in any subsequent instrument of conveyance, including but not limited to deeds, easements, leases and licenses, and shall include the recording book and page of record of this Declaration. 5. Modification of Declaration. This Declaration shall bind the Declarant in perpetuity unless a release of covenant in whole or in part is executed by the Declarant and the Land Authority or their respective heirs, successors, or assigns. Any such modification shall be recorded in the Public Records of Monroe County, Florida. 6. Attorney's Fees. In the event of any controversy, claim or dispute arising under this instrument, each party shall bear the cost of its own attorney's fees and costs, including appeals. 7. Entry, Monitoring, and Enforcement. The Land Authority shall not unreasonably interfere with the Declarant's use and quiet enjoyment of the Property. The Land 2 Authority may enter upon the Property for the purpose of inspection to determine compliance with this Declaration, after first furnishing to the Declarant, lessees, assigns or successors-in-interest, not less than five (5) days' notice of intent to enter. If there is a threat of imminent harm of personal injury or property damage, the Land Authority may act immediately to investigate and mitigate against such threat. In the event of a violation of this Declaration the Land Authority's remedies shall be those available at law or equity. Enforcement of the restrictions shall be at the sole discretion of the Land Authority. No failure on the part of the Land Authority to enforce any restriction hereof shall waive any rights hereunder, shall discharge or invalidate such restriction or any other term hereof, or shall affect the right of the Land Authority to enforce the same in the event of a subsequent breach or default. 8. Limitation on Liability for Personal Injury or Injury to Property. The Declarant and the Land Authority shall each waive sovereign immunity and be responsible for its own torts liability but only to the extent provided under Section 768.28, Florida Statutes. 9. Notice. Any notice provided for or concerning this Declaration must be in writing and shall be deemed 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 below: To the Declarant: Department of Environmental Protection Division of State Lands 3900 Commonwealth Blvd Mail Station 100 Tallahassee, FL 32399-3000 Attn: Division Director To the Managing Agency: Florida Fish and Wildlife Conservation Commission Attn: Habitat and Species Conservation Div./WHM Section Leader 620 South Meridian Street Tallahassee, FL 32399-1600 To the Land Authority: Monroe County Comprehensive Plan Land Authority Attn: Executive Director 1200 Truman Avenue, Suite 207 Key West, Florida 33040 or to such other address as either party may further designate by written notice to the other(s). 3 10. Interpretation and Severability. Any general rule of construction to the contrary notwithstanding, this Declaration shall be construed to effect the purpose of this Declaration. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Declaration shall be favored. If any provision of this Declaration is held to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of any other provisions thereof. All such other provisions shall continue unimpaired, in full force and effect. IN WITNESS WHEREOF, the Declarant hereby declares the Restrictive Covenants above and executes this instrument on the date first above written. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By: Kelley Boree Director Witness 41 Signature DIVISION OF STATE LANDS, DEPARTMENT OF ENVIRONMENTAL PROTECTION, as agent for and on behalf Witness#1 Printed Name of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Witness#2 Signature Witness#2 Printed Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2014, by Kelley Boree, Director as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. Personally Known OR Produced Identification . Type of Identification Produced Signature of Notary Public Print Name of Notary Public Commission No. Commission Expires: 4 IN WITNESS WHEREOF, the Land Authority agrees to the terms and conditions of this Declaration of Restrictive Covenants declared above and executes this instrument, approved by resolution of the governing board at a public meeting on the day of , 2014,Resolution Number MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY By: Heather Carruthers, Chairman Witness#1 Signature Witness#1 Printed Name Witness#2 Signature Witness#2 Printed Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2014,by Heather Carruthers as Chairman of the Monroe County Comprehensive Plan Land Authority. Personally Known OR Produced Identification . Type of Identification Produced Signature of Notary Public Print Name of Notary Public Commission No. Commission Expires: 5 Exhibit "A" Deed: OR Book 288, Page 540 (with portions repeated in OR Book 294, Page 142) The following described land, situate, lying and being in the County of Monroe, State of Florida, to wit: In Section 1, Township 67 South, Range 27 East: Govt. Lot 2, Sugar Loaf Key; Govt. Lot 3, Sugar Loaf Key; In Section 2, Township 67 South, Range 27 East: Govt. Lot 1, Sugar Loaf Key; In Section 11, Township 67 South, Range 27' East: Govt. Lot 1, Sugar Loaf Key, less right of way of State Road 939; That part of Govt. Lot 2 lying east of State Road 939, Sugar Loaf Key; That part of Govt. Lot 7, Sugar Loaf Key, lying east of State Road 939; That part of Govt. Lot 8, Sugar Loaf Key, lying east of State Road 939; In Section 12, Township 67 South, Range 27 East: Govt. Lot 1, Sugar Loaf Key; Govt. Lot 2, Sugar Loaf Key; Govt. Lot 3, Sugar Loaf Key; Govt. Lot 4, Sugar Loaf Key, except that part lying west of State Road 939; Govt. Lot 5, Sugar Loaf Key, less right of way State Road 4a; Govt. Lot 7, Sugar Loaf Key, less right of way of old State Road 4a; In Section 6, Township 67 South, Range 28 East: Govt. Lot 7, Sugar Loaf Key, subject to right of way of old State Road 4a; In Section 35, Township 66 South, Range 27 East: Govt. Lot 3, Park Key, less part conveyed by deed dated September 15, 1905 to Florida East Coast Railway Company being the present right of way of U.S. Highway No. 1 Less: All that parcel of land on Park Key, also known as Buttonwood Key, situate, being and lying in Monroe County, Florida, to wit: Beginning at a point on the Northerly boundary line of U.S. Highway No. 1, 840 feet Westerly from an iron peg located on said boundary line of U.S, Highway No. 1 which peg is 1000 feet Westerly from the western abutment of Park Key Viaduct, this iron peg being the Southwest corner of property deeded to Lloyd K. Johnson on April 27, 1964, which deed is recorded in OR Book 310 on Pages 550 and 551, Monroe County, Florida Public Records. Said parcel being more particularly described and bounded as follows: from said Point of Beginning run thence Westerly along the Northerly boundary line of U.S. Highway No. I for a Page 1 of 6 13SMAPPROVO By 5k DAM 7-Z/,2o/4- distance of 100 feet for a front and bounded on the East and on the West by parallel lines 100 feet apart said parallel lines bearing Northerly 17' 39' 40" West and extending to the waters of Sugar Loaf Sound on the North by the waters of Sugar Loaf Sound and on the South by U.S. Highway No. 1, said parcel of land being a part of Government Lot 3, Section 35, Township 66 South, Range 27 East in the County of Monroe, State of Florida. Also less: Any lands on Park Key lying Easterly of the Westerly line of lands described in Official Records Book 571, Page 220 of the Public Records of Monroe County, Florida. Also less: That property conveyed in Official Records Book 388, Pages 62 through 64 of the Public Records of Monroe County, Florida. Also less: Orchid Park subdivision as recorded in Plat Book 6, Page 57, of the Public Records of Monroe County, Florida. Also less: Amended Plat of Sugarloaf Shores Section C Extension subdivision as recorded in Plat Book 7, Page 34, of the Public Records of Monroe County, Florida. Deed: OR Book 310, Page 550 On the Island known as "Park Key" and is part of Government Lot Three (3) in Section 35, Township 66 South, Range 27 East, more particularly described as follows: Commencing at the intersection of the centerline of U.S. Highway No. 1 and the West end of the Park Key Viaduct (Station 792 plus 37.14, State Road Department Right-of-Way Map), bear South 72 degrees, 20 minutes and 20 seconds West along said centerline for a distance of one thousand (1,000) feet to a point; thence bear North 17 degrees, 39 minutes and 40 seconds West for a distance of fifty (50) feet to the Point of Beginning of the tract of land hereinafter described, said point of beginning also being on the Northerly boundary line of the right-of-way of U.S. Highway No. 1; from said point of beginning, continue bearing North 17 degrees, 39 minutes and 40 seconds West for a distance of one hundred fifty (150) feet, more or less, to a point on the shoreline of Upper Sugarloaf Sound; thence meander the shoreline of Upper Sugarloaf Sound in a Northeasterly, Northerly, Easterly, Southeasterly and Southerly direction to a point where said shoreline intersects the Northerly boundary line of the right-of-way of U.S. Highway No. 1, said point also being fifty (50) feet distant from the centerline of U.S. Highway No. 1, measured at right angles to the centerline of U.S. Highway No. 1; thence bear South 72 degrees, 20 minutes and 20 seconds West along the Northerly boundary line of the right-of-way of U.S. Highway No. 1 back to the point of beginning. Page 2 of 6 Deed: OR Book 330, Page 484 Two parcels of submerged land in Upper Sugarloaf Sound in Section 35, Township 66 South, Range 27 East, Park Key, Monroe County, Florida, more particularly described as follows: Parcel #1 — Commencing at the intersection of the centerline of U.S. Highway No. 1 and the West End of the Park Key Viaduct (Station 972 plus 37.14, State Road Department R/W Map), bear South 72' 20' 20" West along the said centerline for a distance of 1000 feet to a point; thence bear North 170 39' 40" West for a distance of 200 feet, more or less, to a point on the shoreline of Upper Sugarloaf Sound, said point also being the Point of Beginning of the tract of bay bottom land hereinafter described; from said Point of Beginning continue bearing North 17' 39' 40" West for a distance of 600 feet, more or less, to a point; thence bear North 720 20' 20" East for a distance of 550 feet, more or less, back to the shoreline; thence meander the shoreline in a southwesterly direction for a distance of 800 feet, more or less, back to the Point of Beginning. Parcel #2 — Commencing at the intersection of the centerline of U.S. Highway No. 1 and the West End of the Park Key Viaduct (Station 972 plus 37.14, State Road Department R/W Map), bear South 720 20' 20" West along the said centerline for a distance of 1000 feet to a point; thence bear North 17' 39' 40" West for a distance of 800 feet, more or less, to a point; thence bear North 72' 20' 20" East for a distance of 550 feet, more or less, to the Point of Beginning of the tract of bay bottom land hereinafter described; from said Point of Beginning, continue bearing North 72' 20' 20" East for a distance of 510 feet, more or less, to a point; thence bear South 17' 39' 40" East for a distance of 330 feet, more or less, back to the shoreline; thence meander the shoreline in a northerly and westerly direction for a distance of 600 feet, more or less, back to the Point of Beginning. Deed: OR Book 381, Page 399 That part of Government Lot 9, lying south of U.S. Highway No. 1 in Section 7; Government Lot 3, in Section 17; Government Lots 1 and 2, and that part of Government Lot 3, lying south of U.S. Highway No. 1, and Government Lots 6, 7, and 8 in Section 18, all of said lands being in Township 67 South, Range 27 East, lying and being in Monroe County, Florida. Deed: OR Book 423, Page 771 (Canal property) Those parts of: Government Lots 5, 4, and 3, in Section 12 and Government Lots 1 and 2, in Section 11, all in Township 67 South, Range 27 East, Sugar Loaf Key, Monroe County, Florida; Said parts being a strip of land 100 feet in width lying within 50 feet each side of the Center line of Right of Way for proposed canal as shown on the Right of Way map for Section 90540-2610, said center line being more particularly described as follows: Commencing at the Southwest corner of said Section 12, run Easterly along the South line of said Section 12 a distance of 416.48 feet to a point in the Westerly extension of the Base line of Page 3 of 6 survey for State Road No. 939, Section 90540-2604; thence North 680 28' 08" East along the said base line for said Road No. 939 (Old 4-A) a distance of 470.45 feet; thence North 81° 11' 08" East along said base line for said Road No. 939 a distance of 1300.68 feet to a point in the center line of said proposed canal; thence South 100 22' 52" East a distance of 1000.37 feet to the POINT OF BEGINNING; thence North 10' 22' 52" West along said center line of said proposed canal a distance of 113.08 feet to the beginning of a curve to the left; thence Northwesterly along said curve having a radius of 300 feet through a central angle of 32' 05' 00" an arc distance of 167.99 feet to the end of said curve; thence North 420 27' 52" West a distance of 5713.20 feet to the shore line of Sugarloaf Sound and the End of said described center line. Less: Orchid Park subdivision as recorded in Plat Book 6, Page 57, of the Public Records of Monroe County, Florida. Also less: Amended Plat of Sugarloaf Shores Section C Extension subdivision as recorded in Plat Book 7, Page 34, of the Public Records of Monroe County, Florida. Deed: OR Book 693, Page 524 All of the tracts or parcels of land lying and being in the County of Monroe and State of Florida described as follows to-wit on Sugar Loaf Key: Lot 1, Section 13, Township 67 South, Range 27 East of the Fourth Principal Meridian; Lots 1, 2, 3, and 8, Section 6, Township 67 South, Range 28 East of the Fourth Principal Meridian; and Lots 1, 2, 3, and 4, Section 7, Township 67 South, Range 28 East of the Fourth Principal Meridian. Deed: OR Book 791, Page 616 All of Government Lot 7, Sugarloaf Key, Section 6, Township 67 South, Range 28 East, Tallahassee Meridian, subject to the Right-of-Way of Old State Road 4-A. Also: The Westerly One Hundred (100) feet of Lot 7, Section 12, Township 67 South, Range 27 East, in Monroe County, Florida, lying South of the North edge of Old State Road 4-A as now located, together with a right of access and use of the Westerly One Hundred (100) feet of said Lot 7 lying between said North edge of Old State Road 4-A and the edge of a small lake lying directly North thereof, subject to the Right-of-Way of Old State Road 4-A. Page 4 of 6 Deed: OR Book 795, Page 2125 All of that part of Gov't Lot 1, Section 13, Township 67 South, Range 27 East, lying directly South of the Easterly eleven hundred and twenty (1120) feet of Gov't Lot 7, Section 12, Township 67 South, Range 27 East, in Monroe County, State of Florida. Deed: OR Book 833, Page 687 That portion of Government Lot 2, Section 17, Township 67 South, Range 27 East, lying South of Platted portion of Saddlebunch Shores Subdivision, Plat Book 3, Page 115. Deed: OR Book 878, Page 94 A tract of land in a part of Government Lot 1, Section 15, Township 67 South, Range 27 East, on Sugarloaf Key, Monroe County, Florida, and being more particularly described by metes and bounds as follows: Commencing at the intersection of the West line of Government Lot 1 and the Southeasterly right-of-way of Old State Road 4-A, bear Northeasterly, along the Southerly right-of-way line of Old State Road 4-A to a point that is 1200 feet, measured at right angles to the West line of Government Lot 1, said point being the Point of Beginning of the tract of land hereinafter described; from said Point of Beginning, continue bearing in a Northeasterly direction, along the Southerly right-of-way of Old State Road 4-A to a point where the East line of Government Lot 1 and the Southeasterly right-of-way of Old State Road 4-A intersect; thence bear South and parallel with the East line of Government Lot 1 a distance of 485 feet, more or less to the mean high water line of the Atlantic Ocean; thence meander the high water line of the Atlantic Ocean in a Southwesterly direction to a point that is 1200 feet measured at right angles to the West line of Government Lot 1 and due South of the Point of Beginning; thence bear North 485 feet, more or less, back to the Point of Beginning. Deed: OR Book 936, Page 1923 Lot six (6) of Section Twelve (12), Township Sixty-seven (67) South, Range Twenty-seven (27) East, according to the map of said Township certified by the Surveyor-General under date January 21, 1876, less the right of way for County Road 939. Deed: OR Book 1227, Page 2502 That part of Government Lot Four (4) and that part of Government Lot Five (5), Section Twelve (12), Township 67 South, Range 27 East, Sugar Loaf Key, lying to the South of old State Road 4A, excepting from this conveyance that part of said Government Lot Five (5)which was conveyed by Florida Keys Land Co., Inc. to the State of Florida, for the use and benefit of the State Road Department of Florida, by Quit Claim Deed recorded in OR 388, pages 62 to 64, Monroe County, Florida, Public Records. Page 5 of 6 Deed: OR Book 1491, Page 682 A tract of land in a part of Government Lot 3, Section 14, Township 67 South, Range 27 East, on Sugarloaf Key, Monroe County, Florida, and being more particularly described by metes and bounds as follows: Commencing at the intersection of the West Line of Government Lot 3 and the Southeasterly right-of-way line of Old State Road 4A, bear Northeasterly, along the Southerly right-of-way line of Old State Road 4A to a point that is 200 feet, measured at right angles to the West Line of Government Lot 3, said point being the Point of Beginning; from said Point of Beginning continue bearing Northeasterly along the Southerly right-of-way line of Old State Road 4A to a point that is 300 feet, measured at right angles to the West Line of Government Lot 3; thence bear due South and parallel to the West Line of Government Lot 3 a distance of 490 feet, more or less, to the high water mark of the Atlantic Ocean; thence meander the high water mark of the Atlantic Ocean in a Southwesterly direction to a point that is 200 feet, measured at right angles to the West Line of Government Lot 3 and due South of the Point of Beginning; thence bear North, 490 feet, more or less, back to the Point of Beginning. Deed: OR Book 1682, Page 2132 A Tract of land in a part of Government Lot Three (3), Section Fourteen (14), Township Sixty- seven (67) South, Range 27 East, on Sugarloaf Key, Monroe County, Florida, and more particularly described as: The Westerly 200 feet of the above described Lot 3 there lying southwesterly of the southeastern right-of-way line of Old State Rt. 4-A and northwesterly of the mean high water line of the Atlantic Ocean. Deed: OR Book 2092, Page 1661 All of Government Lot 1, Section 13, Township 67 South, Range 27 East, in Monroe County, Florida AND The Easterly one hundred (100') feet of the Westerly two hundred (200') feet of Gov't Lot 7, Section 12, Township 67 South, Range 27 East, in Monroe County, Florida, lying South of the North R/W line of old State Road 4-A, as now located, together with a right of access and use of the Easterly one hundred (100') feet of the Westerly two hundred (200') feet of said Lot 7 lying between the Northern R/W of old State Road 4-A and the shoreline of a lake lying directly North thereof, subject to the R/W of the old State Road 4-A. Page 6 of 6