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Item K01 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 18, 2002 Division: Growth Management Bulk Item: Yes X No Department: Environmental Resources AGENDA ITEM WORDING: Approval for a Grant of Conservation Easement for Tract C and a portion of the N/E ~ of Section 24, Township 59 South, Range 40 East, Harbor Course South, Section II, Ocean Reef, Florida between the Academy at Ocean Reef, Inc. and Monroe County. The Real Estate Numbers are 00573630-002600 and 00573630-002601 ITEM BACKGROUND: None PREVIOUS REVELANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: None ST AFF RECOMMENDATIONS: Approval $60.00 BUDGETED: Yes N/ A No TOTAL COST: COST TO COUNTY: None (paid by The Academy at Ocean Reef) REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty ~ OMB/Purchasing ~/ A I. II Risk Management N/ A DOCUMENTATION: Included X To Follow Not Required_ DIVISION DIRECTOR APPROVAL: AGENDA ITEM # -----\( \ DISPOSITION: Revised 2/27/01 I' " J\~! Grant of Conservation Easement THIS AGREEMENT is made this day of , 2002 by and between OCEAN REEF CLUB, INC., a Florida corporation not-for-profit ("ORC"), whose address is 35 Ocean Reef Drive, Suite 200, Key Largo, Florida 33037, and THE ACADEMY AT OCEAN REEF, INC., a Florida corporation not-for-profit ("Academy"), whose address is 1 Dockside Lane, Ocean Reef Club, Key Largo, Florida 33037 (collectively, "Grantors") and MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 5100 College Road, Stock Island, Key West, Florida 33040 ("Grantee"). The parties recite and declare: ORC is the owner of certain real property located on South Harbor Drive, Ocean Reef Club, Key Largo, Florida 33037, as legally described in Exhibit "A" attached hereto and incorporated herein by this reference (the "ORe Property"). RE# 00573630-002600 Academy is the owner of certain real property located on South Harbor Drive, Ocean Reef Club, Key Largo, Florida 33037, as legally described in Exhibit "B" attached hereto and incorporated herein by this reference (the "Academy Property"). 00573630-002601 The ORC Property and the Academy Property may be referred to herein, collectively, as the "Servient Estate" . Academy desires to develop the Academy Property as a school and accessories, as shown in Permit #00-3-4984. The Servient Estate contains moderate quality low elevation tropical hardwood hammock Grantee is a general purpose political subdivision of the State of Florida authorized and required to regulate and control the use of real property through land development regulations in order to protect the public health, safety and welfare. Section 9.5-336 of Grantee's land development regulations requires that certain areas of the Servient Estate be retained as open spaces and preserved in their natural condition if the Servient Estate is to be developed as a school and accessories, The parties agree as follows: Document Prepared by: Erica L. English Katz, Barron, Squitero 2699 S. Bayshore Dr. Miami, ft 33133 1. Grant of Easement In consideration for a development permit for a school and accessories and in order to comply with Section 9.5-336, Monroe County Code, Grantors hereby grant to Grantee the easement described below. 2. Character oftbe Easement and Governin2 Law. The easement is a conservation easement under Section 704.06 Fla.Stat. and is to be governed by, construed and enforced in accordance with that statute and with the applicable laws of the State of Florida. 3. Location of the Easement: The conservation easement area is legally described in Exhibit "C". by reference, made a part of as fully and to the same effect as if set forth in this instrument in its entirety (the "Easement Area"). The Easement Area is also described in the diagram attached to this instrument as Exhibit "D" , by reference, made a part of as fully and to the same effect as if set forth in this instrument in its entirety. 4. Restraints ImpOsed bv 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 removal, trimming or pruning of trees, shrubs, or other vegetation (except non- native vegetation whose removal is authorized by the Grantee's biologist); b. No acts that are detrimental to wildlife or wildlife habitat preservation; c. No excavation, dredging or removal ofloam, peat, gravel, soil, rock or other material substance in such manner as to affect the surface; d. No activities detrimental to drainage, flood control, water conservation, erosion control and soil conservation; e. No dumping or placing of soil other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials; and f No planting of non-native plants. 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. Academy represents that the mortgagee whose consent is attached hereto is the only mortgagee having a security interest in the Academy Property. ORC represents that there is no mortgagee having a security interest in the ORC Property. 6. Entire A2reement: EXlDBIT "A" LEGAL DESCRIYI10N OF THE ORC PROPERTY Tract "C" of Harbor Course Section Two, Ocean Reef Plat No. 13 as recorded in Plat Book 7, Page 5 of the Public Records of Monroe County, Florida. TOGETHER WITH A portion of the NE 1/4 of Section 24, Township 59 South, Range 40 East, Monroe County, Florida, more particularly described as follows: Commence at the NW corner ofthe NE 1/4 of Section 24, Township 59 South, Range 40 East, thence along the North line of said Section 24, N 88036'27" E - 108.79 feet to the POINT OF BEGINNING of the following described parcel of land; thence continue along the North line N 88036'27" E - 252.70 feet to a point of intersection with the Westerly R/W line of South Harbor Drive, thence along said R/W line S 1033'42" E- 260.97 feet to a point of curvature with a circular curve concave to the Northwest; thence along the arc of said curve having a radius of350 feet and a central angle of35 047'49" for 218.67 feet; thence leaving said R/W line S 89049'31" W - 186.63 feet; thence N 1033'42" W - 461.92 feet to the POINT OF BEGINNING. LESS AND EXCEPT: A portion of Tract A of HARBOR COURSE SOUTH, SECTION ONE, OCEAN REEF PLAT NO. 14, according to the plat thereof, as recorded in Plat Book 7, at Page 9, of the Public Records of Monroe County, Florida, more particularly described as follows: A parcel of land lying in the NE 1/4 of Section 24, Township 59 South, Range 40 East, Monroe County, Florida, more particularly described as follows: Commence at the SW corner of the SE 1/4 of Section 13, Township 59 South, Range 40 East; thence N 880 36' 27" E along the South line of Section 13,361.49 feet to a point of intersection with the Westerly right of way line of South Harbor Drive; thence Southerly along said right of way line S 10 33' 42" E, 117.79 feet to the POINT OF BEGINNING of the following described parcel ofland; thence continue along said right of way line, S 1033' 42" E, 143.18 feet to a point of curvature with a circular curve concave to the Northwest having a radius of 350.00 feet and a central angle of31 0 09' 22"; thence along the arc of said curve 190.32 feet to a point of intersection with a circular curve concave to the North, the center of which bears N 27020' 45" E; thence Northwesterly along the arc of said curve having a radius of25.00 feet and a central angle of 13 0 05' 00" for 5.71 feet to a point of reverse curvature with a circular curve concave to the Southwest having a radius of 49.00 feet and a central angle of 40036' 14"; thence along the arc of said curve for 34.72 feet; thence S 890 49' 31" W, 93.11 feet to a point of curvature with a circular curve concave to the Northeast having a radius of25.00 feet and a central angle of88 0 36' 47"; thence along the arc of said curve, 38.66 feet; thence N 10 33' 42" W, 91.44 feet to a point of curvature with a circular curve concave to the Southeast having a radius of 25.00 feet and a central angle of 440 54' 36"; thence along the arc of said curve 19.60 feet; thence N 430 20' 54" E, 40.52 feet to a point of curvature with a circular curve concave to the Northwest, having a radius of 45.00 feet and a central angle of 45000' 00"; thence along the arc of said curve 35.34 feet; thence N 01 039' 06" W, 22.50 feet to a point of curvature with a circular curve concave to the Southeast having a radius of 30.00 feet and a central angle of600 53' 24"; thence along the arc of said curve 31.88 feetto a point of reverse curvature with a circular curve concave to the Northwest having a radius of80.00 feet and a central angle of 570 27' 56"; thence along the arc of said curve for 80.24 feet; thence N 890 49' 31" E, 99.03 feet to a point of intersection with the aforementioned Westerly right of way line of South Harbor Drive and the POINT OF BEGINNING. End of Legal Description. EXlDBIT "B" LEGAL DESCRlPfION OF THE ACADEMY PROPERTY A portion of Tract A of HARBOR COURSE SOUTH, SECTION ONE, OCEAN REEF PLAT NO. 14, according to the plat thereof. as recorded in Plat Book 7, at Page 9, of the Public Records of Monroe County, Florida, more particularly described as follows: A parcel of land lying in the NE 1/4 of Section 24, Township 59 South, Range 40 East, Monroe County, Florida, more particularly described as follows: Commence at the SW comer of the SE 1/4 of Section 13, Township 59 South, Range 40 East; thence N 880 36' 27" E along the South line of Section 13, 361.49 feet to a point of intersection with the Westerly right of way line of South Harbor Drive; thence Southerly along said right of way line S 10 33' 42" E, 117.79 feet to the POINT OF BEGINNING of the following descnbed parcel ofland; thence continue along said right of way line, S 1033' 42" E, 143.18 feet to a point of curvature with a circular curve concave to the Northwest having a radius of 3 50. 00 feet and a central angle of 31 0 09' 22"; thence along the arc of said curve 190.32 feet to a point of intersection with a circular curve concave to the North, the center of which bears N 270 20' 45" E; thence Northwesterly along the arc of said curve having a radius of25.00 feet and a central angle of 13 005' 00" for 5.71 feet to a point of reverse curvature with a circular curve concave to the Southwest having a radius of 49.00 feet and a central angle of 40036' 14"; thence along the arc of said curve for 34.72 feet; thence S 890 49' 31" W, 93.11 feet to a point of curvature with a circular curve concave to the Northeast having a radius of25.00 feet and a central angle of880 36' 47"; thence along the arc ofsaid curve, 38.66 feet; thence N 10 33' 42" W, 91.44 feet to a point of curvature with a circular curve concave to the Southeast having a radius of25.00 feet and a central angle of 44 0 54' 36"; thence along the arc of said curve 19.60 feet; thence N 430 20' 54" E, 40.52 feet to a point of curvature with a circular curve concave to the Northwest, having a radius of 45.00 feet and a central angle of 450 00' 00"; thence along the arc of said curve 35.34 feet; thence N 010 39' 06" W, 22.50 feet to a point of curvature with a circular curve concave to the Southeast having a radius of30.00 feet and a central angle of600 53' 24"; thence along the arc of said curve 31.88 feet to a point of reverse curvature with a circular curve concave to the Northwest having a radius of 80.00 feet and a central angle of 5r 27' 56"; thence along the arc ofsaid curve for 80.24 feet; thence N 89049' 31" E, 99.03 feet to a point of intersection with the aforementioned Westerly right of way line of South Harbor Drive and the POINT OF BEGINNING. 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"V 'to ~ C ,..--'-. ..- :21 This instrument constitutes the entire agreement between the parties and any prIor understanding or representation of any kind preceding the date of this instrument is not binding upon either party except to the extent incorporated into this instrument. 7. Modification of Easement. Any modification of this instrument or additional obligation assumed by either party in connection with this instrument is binding only if evidenced in writing and signed by an authorized representative of each party and by any mortgagee. 8. Attornevs' Fees: In the event of any controversy, claim or dispute arising under this instrument, the prevailing party is entitled to recover reasonable attorneys' fees and costs. 9. Ent" of Grantee's Representative on the Servient Estate. The Grantee's representative on the Servient Estate, after frrst furnishing the Grantors no less than 24 hours notice for the purposes of inspection to determine the Grantors' compliance with this instrument. 10. Notice: Any notice provided for or concerning this instrument 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 instrument. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year frrst above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (Grantee) By: By: Deputy Clerk Mayor/Chairman (execution continued on following page) A~g 26 02 02:49p Growth Met (305J289-2854 po. 11 Witnesses: OCEAN ,tEEF CLUB, INC., a Florida corporatio ~ not-for-profit :;;~tName~ ~-~? TItle: "__ ~rint ameofW s"" .~ ~~ /lJo7 f crd;un Print ~me itness ST ATE OF FLORIDA COUNTY OF MONROE .JlEfORE ME, the undersigned authority personally appeared ~J2 ;11. G. 1:.'1. ~ , as j/,ej i J(!~ of OCEAN REEF CLUB, INC., a Florida corporation not-for-profit, behalf ofthe corporation, who is personally known to me or who produced as identification, Sworn to and subscribed before me this ;;;< 1 day of 9 Uo'\.-liL ,2002. L&lo-. k.13;cNe CCr07'-/K! Typed Notary Name and Number ~~~ o Signature::: and Seal ..,~, lena I( Bickle *'-*My Commission CC867"Sl .,......"..~ Expires AugUSI30, 2003 BY Al,Jg 26 02 02:50p Growth Mgt (305)289-2854 p.13 GIBRALTAR BANK, FSB, a federal savings bank, having its address at 220 Alhambra Circle, Suite 500, Coral Gables, FL 33134 Attn: Peter Raffalski, Senior Vice President, having a record interest in the Academy Property described in the Grant of Conservation Easement between Ocean Reef Club, Inc., The Academy at Ocean Reef, Inc. and Monroe County, Florida, Grantee, hereby joins in. consents, and ratifies that Grant of Conservation Easement at [place of execution] on the date indicated below. GIBRALTAR B~ FSB, a federal savings bank <:::? PrintN of Witness MAYUlI L. BETANCOURT Prirrt~ ~~I.'" tJ~ By: Print Name: Title: ST ATE OF FLqRIUA rv1~j COUNTY OF JIll, (..Y() i' ~1 e (" " BEFO~JMf' 1% un<Jersigned au\hI>rity p,~IY :peared r.0-kY /U2fJ(J / 5t~' as ~O ilY V I & [t'"'e). of VI t;i.~/f lP)J) t:!:5A , on behalf of the corporation, who is pgsonallv knnuTn to me or who produced - as identification. Sworn to and subscribed before me this I o..fn day of MAYUlI L. BETANCOURT cc-wq)J LfqJ Typed Notary Name and Number .{~~~.e~'"" Mayuli L. Betancourt g~"'A"~;,Com~i8llioll # CC 932493 ;~..AiE Expires Juno 13, 2004 -:",'(j;'YJi..i;j",:: ~ondcd Thru 1"",\.\, Al.\.ontlo flooding Co., Inc. BY