Item G2
lAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: March 17, 2004
Bulk Item: Yes No X
Department: Land Authority
Agenda Item Wording: Approval to sell 0.3 acre on Big Pine Key to St. Peter Church and accept a
conservation easement.
Item Background: The Land Authority has a contract with Margaret Stockinger to purchase 0.85 acres
of highway frontage at MM 31 oceanside within and adjoining Southern Pines subdivision on Big Pine
Key for $95,000.00. The subject property is within the State Florida Forever project and the Land
Authority is pre-acquiring the site for future resale to the State. A survey of the property indicates a
third party (St. Peter Church) is using 0.3 acres of the property as landscaping for the church entrance,
which would, among other things, impede the Land Authority's ability to resell the property to the State.
In order to resolve this issue, staff recommends that the Land Authority sell the 0.3-acre landscaped
area to St. Peter Church at a price of $16,764.70 subject to a conservation easement limiting future use
to landscaping. This sales price corresponds to 50% of the prorated price of the 0.85 acre total.
The agenda packet includes the legal description, estimated closing costs, and net proceeds.
Advisory Committee Action: On February 25, 2004 the Advisory Committee voted 4/0 to approve the
proposed sale and accepting the conservation easement.
Previous Governing Board Action: On April 16, 2003 the Board approved purchasing the 0.85 acre
total.
Contract/Agreement Changes: None.
Staff Recommendation: Approval
Total Cost: $ N/A
Budgeted: Yes
No
Cost to land Authority: $ N/A Source of Funds: Land Authority
(Tourist Impact Tax and State Park Surcharge)
Approved By: Attorney ~ County Land Steward _'
Executive Director Approval: ~
.~ h-
ark J. Rosch
Documentation: Included: X
To Follow:
Not Required:
Disposition:
Agenda Item LA #2
Property
Big Pine Key Acreage
Part of RE#0011 0370-000000
(St. Peter Church/Favalora)
Purchase
Price
$16,764,70
SALES CONTRACTS
03f17f04
Envr. Audit, Survey
or Clean-up
NfA
Title
Insurance
NfA
Attorney
Fee
$500,00
Recording
Fee
$24,00
Net
Proceeds
$16,240,70
GRANT OF CONSERVATION EASEMENT
THIS GRANT OF EASEMENT is made on this day of ,2004, by
John Clement Favalora, c/o the Archdiocese of Miami of9401 Biscayne Boulevard, Miami
Shores, FL 33138, 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 in Attachment A.
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 all of that area described in
Attachment A.
3. Restraints imposed by 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 uses shall be allowed other than to plant, mow, and maintain the easement area
as vegetative landscaping in accordance with all applicable federal, state, and local
regulations.
b) No suffering, permitting, or allowing invasive exotic plant species such as Australian
pine (spp. Casuarina) or Brazilian pepper (Schinus terebinthifolius) to exist.
c) No transfer of development rights to or from the easement area.
4. Rights reserved by Grantor.
Grantor specifically reserves the right to plant, mow, and maintain the easement area as
vegetative landscaping in accordance with all applicable federal, state, and local
regulations.
1
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. 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.
6. Modification of easement.
Modification of this easement shall only be binding if evidenced in writing and signed by
an authorized representative of the Grantee.
7. 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.
8. 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.
9. 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.
Witness
Grantor: John Clement Favalora
Witness
SWORN TO AND SUBSCRIBED before me this day of
2004, by John Clement Favalora, who is personally known to me or has produced
as identification.
Notary Public, State of
2
ATTACHMENT A
DESCRIPTION: CONSERVATION EASEMENT
COMMENCE AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 2, SECTION 25, TOWNSHIP 66
SOUTl1, RANGE 29 EAST; Tl1ENCE S89'1 0' 41"E, ALONG Tl1E SOUTl1 LINE OF SAID GOVERNMENT
LOT 2, A DISTANCE OF 170.00 FT. FOR A POINT OF BEGINNING: THENCE CONTINUE
S89'10'41"E, ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 2, A DISTANCE OF 223.02 FT.
TO THE INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.1,
(F.D.O.T. RIGHT-OF-WAY MAP SECTION 90020), SAID POINT BEING ON THE ARC OF A CURVE
WHOSE RADIUS POINT LIES S32030'02"W, A DISTANCE OF 1382.39; THENCE RUN
NORTHWESTERLY, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE,
Tl1ROUGH A CENTRAL ANGLE OF 10'20'10", A DISTANCE OF 249.39 FT.; THENCE SOO'54'15"W, A
DISTANCE OF 111.17 FT. TO THE POINT OF BEGINNING, BEING AND LYING IN SECTION 25,
TOWNSHIP 66 SOUTH, RANGE 29 EAST, MONROE COUNTY, FLORIDA.
CONTAINING 0.30 ACRES MORE OR LESS.
REFER TO SHEET 2 OF 2 FOR SKETCH OF DESCRIPTION
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JANUARY 28, 2004
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co FLORIDA CERTIFICATE AUTHORIZATION NUMBER. LB 2241
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KENNETH C. KOLARII<
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5116
JOB NUMBER:
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LOMBARDO, SKIPPER & FOLEY, INC.
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
P.O. BOX 188 0 825 4TH STREET WEST
PALMETTO, FLORIDA 34221 . (941)722 4561
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CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
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PALMETTO, FLORIDA 34221 . (941)722 4561
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