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04/17/2002 Easement CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFlCE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 BRANCH OFFlCE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: April 25, 2002 TO: James Roberts County Administrator ATTN: Debbie Frederick, Aide to County Administrator Pamela G. Han~ Deputy Clerk FROM: At the April 17, 2002, Board of County Commissioners meeting the Board granted approval and authorized execution of a Grant of Conservation Easement between Monroe County Board of County Commissioners and Monroe County Comprehensive Plan Land Authority to acquire the Mariners Resort park site with Preservation 2000 funds. Enclosed is a certified copy of the above mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HlGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: June 4, 2002 TO: Mark Rosch, Director Land Authority FROM: Kim Nystrom Pamela G. Hanc~ Deputy Clerk U ATTN: At the April 17, 2002, Board of County Commissioner's Meeting the Board granted approval and authorized execution of an Interlocal Agreement between the Board and Land Authority for the purpose of providing a community park, which was executed April 25, 2002. Included with the Agreement was a Grant of Conservation Easement (Attachment B) between the Board and Land Authority that was to be executed prior to the closing. Enclosed is the fully executed Grant of Conservation Easement for your handling. Please inform our office once the document is recorded so that we can obtain a copy for our records. Should you have any questions please do not hesitate to contact this office. Cc: County Administrator wlo document County Attorney Finance File ~oo q/~ -:7, ~ aute i> MONROE COUNTY LAND AUTHORITY 1200 TRUMAN A VENUE, SUITE 207 · KEY WEST, FLORIDA 33040 PHONE (305) 295-5180 · FAX (305) 295-5181 MEMORANDUM TO: Danny Kolhage, Clerk of the Circuit Court FROM: Mark Rosch, Executive Director (\A.n Monroe County Land Authority I ~ DATE: June 4, 2002 SUBJECT: Conservation Easement for Big Pine Key Park The purchase of the Mariners Resort park site on Big Pine Key is scheduled to close June 6, 2002. In accordance with the interlocal agreement dated April 17, 2002 between the BOCC and the Land Authority, the Land Authority is buying the property with Preservation 2000 funds, donating the property to the BOCC, and the BOCC is granting back to the Land Authority a conservation easement. The Land Authority's attorney, Larry Erskine, is handling the closing of this transaction. Upon execution of the attached conservation easement by your office, the Land Authority staff will forward the executed easement to Mr. Erskine's office for processing and eventual recording with the other documents related to this transaction. Please call me if you have questions regarding this matter. cc: Larry Erskine, Esquire MONROE COUNTY LAND AUTHORITY/MONROE COUNTY INTERLOCAL AGREEMENT MARINERS RESORT PARK SITE THIS INTERLOCAL AGREEMENT (the "Agreement"), is made and entered into this 17th day of April , 20 02 , 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 Monroe County Board of County Commissioners, a political subdivision of the State of Florida, hereinafter referred to as "County." WHEREAS, the County plans to acquire, develop, and maintain the property identified in Attachment A (hereinafter "subject property") for the purpose of providing a community park; and WHEREAS, the property in Attachment A is subject to the rate growth controls established by the Monroe County Ordinance #16-1992, codified as Section 9.5-120 ef seq. of the Monroe County Land Development Regulations; and WHEREAS, in accordance with the County's plans, 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 County 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 Monroe County at closing and Monroe County 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 17th day of April 2002. Page 1 of 2 MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY By: Mark J. Rosch, Exe tive Director 0-- ... 1(~~ Nora Williams, Chairman APP::Z:Aee: Larry R. Erskine The MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, acting by and through its CHAIRMAN/MA Y~ executed this agreement on behalf of MONROE COUNTY this 17~ day of' ,2002. A" f,;.,~)~% 7':t;:;'>!\P'''- t,''''/o ";,,., ' ~ l~,,1~:' i\ ~ KOLHAGE. CLERK II.:.; \ f, ~ ~,~...,_ ),>I) ,=1 \.\...,., C "".' -,... ~"f':;; i \\ ..._:~__--:::_7.~ --;:-:-~'\ f"~ '.---) . -_--.,~":---:~ ,r-",...,.,J:.- I \ \g:':f' c~> "-'%":yl; ,Q/ \~-f;~~Jj],~~f ''''-........" !~' 'a~ MONROE COUNTY ~ Charles McCoy, Chairman/Mayor Monroe County Board of County Commissioners :r r....:J = "'Tl 0 0 c::> Z >- r'-..J r- 5("")~;; :z:- l'T1 -0 0 r.- :::0 fl1 ~_< C"'). r- N "'Tl 00' U1 0 8 c::- - ;0 :i;o~ . 0 :!> -ICJr ;0 :-<,-j::: rrl 'J> C:) ('"") ..., C) r- (TJ 0 :t> N ;0 .&:- 0 Page 2 of 2 ATTACHMENT A Mariners Resort park Site Tract A, Whispering Pines subdivision Plat #3 as recorded in Plat Book 4 at Page 59 in the Public Records of Monroe County, Florida. RE# 286360-000000 FILE # 13 (2) 6 B 9 7 BK# 1 7 9 2 PG# 2 4 3 B EXHIBIT B GRANT OF CONSERVATION EASEMENT THIS GRANT OF EASEMENT is made on this 17th day of April , 20~, by Monroe County, a political subdivision of the State of Florida, of 500 Whitehead Street, Key West, Florida 33040, 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 as follows: all of that property described in Attachment A. 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 without the express written consent of the Grantee. 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 Monroe County. 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 billboards or other advertising, Signs identifying the park and identifying park sponsors are not prohibited. h) No dumping or placing of trash, waste, or unsightly or offensive materials. i) No suffering, permitting, or allowing invasive exotic species such as Australian pine (spp. Casuarina), Brazilian pepper (Schinus terebinthifolius), or Latherleaf (Colubrina asiatica) to exist. 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 Page 1 of 2 FILE #13 (2) 689 7 BK# 1 7 9 2 PG# 2 4 3 9 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 arlsmg 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. Jla.W c. &v~~ Witness ' ~:~I'd ~_A~ STATE OF FLORIDA) SS: COUNTY OF MONROE) By: Charles McCo , Chairman/Mayor Monroe Count Board of County Commissioners Grantor The foregoing instrument was acknowledged before me this 4th day of June , 20~ by CHARLES MCCOY, CHAIRMAN/MAYOR of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, who (check one) [X] is personally known to me or [ ] has produced a Florida drivers license as identification. My commission expires: Print Name: Page 2 of 2 '. ATl'ACHMENT "A" FILE #1306897 BK# 1 7 9 2 PG# 2 4 4 0 , . Tract A of WHISPERING PINES, PLAT NO.3, according to the Plat thereof recorded in Plat Book 4, Page 59, of the Public Records of Monroe County, Florida and being further described by metes and bounds as follows: Commencing at the Southwest comer of Government Lot 2 bear North 00 degrees 07 minutes West for a distance of 540.00 feet to the Point of beginning of the tract ofland hereinafter described; from said Point of Beginning, continue bearing North 00 degrees 07 minutes West for a distance of 612.16 feet to an existing canal; thence North 47 degrees 28 minutes 04 seconds East along the Southeasterly edge of said canal 202.35 feet to a point on the Mean High Water Line of Bogie Channel; thence proceed Southeasterly along said Mean High Water Line 1120 feet, more or less, to a point on the Northerly boundary line of the plat of Atlantis Estates, as recorded in Plat Book 6, Page 50, of the Public Records of Monroe County, Florida; thence North 89 degrees 52 minutes 00 seconds West along said Northerly boundary line, a distance of 967.27 feet, more or less, back to said Point of Beginning. MONROE COUNTY OFFICIAL RECORDS