Item C3
LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: February 22, 2001
Bulk Item: Yes No X
Department: Land Authority
Agenda Item Wording: Approval of an interlocal agreement and conservation easement for use with
the Village of Islamorada.
Item Background: The subject documents are proposed to allow the Village of Islamorada to own
property purchased by the Land Authority while addressing compliance with the bond restrictions
accompanying Preservation 2000 funding. If approved by the Board, these documents will apply
specifically to Block 1, Lots 16-18, Ocean View subdivision, which the Land Authority currently has a
contract to buy. Additionally, staff proposes to use these documents in future purchases of the other
properties the Village has nominated for acquisition.
Under the proposed interlocal agreement, the Land Authority agrees to convey the subject property in
Ocean View subdivision to the Village at closing and the Village agrees to grant a conservation
easement to the Land Authority. The conservation easement restrictions are modeled after the Florida
Communities Trust's standard grant contract as well as section 704.06, Florida Statutes. The subject
property is being purchased as open space and the proposed conservation easement limits future use
of the property to conservation and public recreation. In accordance with the Village's request, the
easement does not prohibit constructing fences and signs on the property. The easement does,
however, prohibit most other types of development. As indicated in the attached letter dated November
27, 2000, the Florida Communities Trust has no oversight in this matter. The Village Council is
scheduled to consider this item on February 8, 2001.
Advisory Committee Action: On January 31, 2001 the Advisory Committee approved this item by a
5/0 vote.
Previous Governing Board Action: The Board approved a contract to purchase Block 1, Lots 16-18,
Ocean View subdivision on December 14, 2000.
Staff Recommendation: Approval
Total Cost: $ 25.00
Budgeted: Yes X
No
Cost to Land Authority: $ 25.00
Approved By: Attorney ~
Executive Director Approval:
OMB/PurchV'c
\ ' ~ark J. Rosch
To Follow:
Risk Management
Documentation: Included: X
Not Required:
Disposition:
Agenda Item LA #3
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November 27,2000
Mr. Mark Rosch
Monroe County Land Authority
1200 Truman A venue
Suite 207
Key West, FL 22040
RE: Village of Islamorada
Dear Mark:
This letter is to summarize the Florida Communities Trust's (PCT) position on the proposed transfer
or acquisition of properties by the Monroe County Land Authority (Land Authority) using funds
reserved for the Land Authority pursuant to Section 259.101(3)(c), Florida Statutes.
When Grant Gelhardt and Ann Wild initially discussed this proposal with you, they expressed a
management and procedural preference for a lease between the Land Authority and the Village of
Islamorda (Village) for properties purchased by the Land Authority in the Village. On further
consideration, PCT realizes that as there is no contractual relationship between the Land Authority
and PCT for these funds, PCT has no authority to require one procedure or another. The Land
Authority and the Village should use whatever procedure is acceptable to them. If there are
questions as to restrictions based on the bond requirements for tax exemption, you should contact Ed
Wood at the Division of State Lands at the Department of Environmental Protection.
J nice Browning
xecutivc Director
cc: Cheryl Bauer, Village of Islamorada
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MONROE COUNTY LAND AUTHORITYNILLAGE OF ISLAMORADA
INTERLOCAL AGREEMENT
MM 83 MEDIAN 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, the property in Attachment A is subject to the rate growth controls established by
either Policy 101.2.13 or Policy 101.3.1 of the Monroe County Year 2010 Comprehensive Plan;
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 the restrictions
associated with Preservation 2000 bond proceeds.
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_.
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ATTEST:
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(Seal)
By:
Mark J. Rosch, Executive Director
Nora Williams, 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
,2000.
ATTEST:
ISLAMORADA, VILLAGE OF ISLANDS
(Seal)
By:
Village Clerk
James Mooney, Mayor
Approved for Legal Sufficiency
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ATTACHMENT A
MM 83 Median Site, Upper Matecumbe Key
Block 1, Lots 16,17, and 18, Ocean View subdivision, according to the plat thereof as recorded
in Plat Book 1, Page 193, of the Public Records of Monroe County, Florida.
RE #403660-000000
RE #403670-000000
RE #403680-000000
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 as Block 1, Lots 16, 17, and 18, Ocean View
subdivision, according to the plat thereof as recorded in Plat Book 1, Page 193, of the Public
Records of Monroe County, Florida.
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 Block 1,
Lots 16, 17, and 18, Ocean View subdivision, according to the plat thereof as recorded
in Plat Book 1, Page 193 of the Public Records of Monroe County, Florida.
3. Restraints imposed by the conservation easement.
The subject property was purchased with Preservation 2000 bond proceeds. 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 and public recreation.
b) No lease or conveyance of any property interest, including but not limited to
transferable development rights of any kind.
c) No revenue generating activities.
d) No use by any person other than in such person's capacity as a member of the
general public or as an employee of the Village of Islamorada.
e) No management contracts with any party other than the State of Florida without the
express written consent of the Grantee.
f) No use as security for any debt.
g) No construction or placing of buildings, roads, billboards or other advertising, or
utilities on or above the ground.
h) 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.
i) No removal or destruction of trees, shrubs, or other vegetation except non-native
species.
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j) No excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other
material substance in such manner as to affect the surface.
k) No surface use except for purposes that permit the land or water area to remain
predominately in its natural condition.
I) 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.
m) No acts or uses detrimental to such retention of land or water areas.
4. 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.
5. Modification of easement.
No modification of this easement is binding unless evidenced in writing and signed by an
authorized representative of the Grantee.
6. 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.
7. 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.
8. 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: James Mooney, Mayor
Witness
Page 2 of 3
STATE OF FLORIDA)
SS:
COUNTY OF MONROE)
The foregoing instrument was acknowledged before me this day of ,
2000 by JAMES MOONEY, 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:
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