Item P4 P4
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
February 21, 2024
Agenda Item Number: P4
2023-2077
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING:
A Public Hearing to Consider Approval of a Request to Terminate a July 2014 Development Agreement
by and between Longstock II LLC d/b/a Stock Island Marina Village ("SIMV") and Successors-in-
Interest Stock Island Owner LLC and KW Perry LLC and the Monroe County Board of County
Commissioners ("BOCC"), Relating to That Certain Property Located at 7001 and 7025 Shrimp Road,
Stock Island, Monroe County, Florida, Currently Having Property Identification Numbers 00123761-
000400 and 00123761-000800.
ITEM BACKGROUND:
The applicant has submitted a request that the Monroe County BOCC terminate a ten (10)year
Development Agreement that was approved between Monroe County, Florida and Longstock II, LLC
d/b/a Stock Island Marina Village (SIMV), conceptually approving the redevelopment of Stock Island
Marina Village, located at 700 and 7009 Shrimp Road, Stock Island.
In accordance with Monroe County Land Development Code (LDC) Section 110-76, notwithstanding
anything contained in this article or elsewhere in this Land Development Code, when a conditional use
is also a Development of Regional Impact or is to be the subject of a Development Agreement under
the Florida Local Government Development Agreement Act (F.S. Section 163.3220 et seq.) the final
development approval, and the approval of any deviations therefrom, shall be reserved to the BOCC as
provided by general law.
F.S. 163.3225 provides the following:
(1) Before entering into, amending, or revoking a development agreement, a local government shall
conduct at least two public hearings. At the option of the governing body, one of the public hearings
may be held by the local planning agency.
(2)(a) Notice of intent to consider a development agreement shall be advertised approximately 7 days
before each public hearing in a newspaper of general circulation and readership in the county where the
local government is located. Notice of intent to consider a development agreement shall also be mailed
to all affected property owners before the first public hearing. The day, time, and place at which the
3053
second public hearing will be held shall be announced at the first public hearing.
(b) The notice shall specify the location of the land subject to the development agreement, the
development uses proposed on the property, the proposed population densities, and the proposed
building intensities and height and shall specify a place where a copy of the proposed agreement can be
obtained.
PREVIOUS RELEVANT BOCC ACTION:
On July 16, 2014, the Monroe County BOCC passed and adopted BOCC Resolution No. 177-2014
approving a Development Agreement between Monroe County, Florida and Longstock II, LLC d/b/a
Stock Island Marina Village(SIMV), conceptually approving the redevelopment of Stock Island
Marina Village, located at 700 and 7009 Shrimp Road, Stock Island. This agreement shall remain in
effect for ten (10)years.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval to hold a second public hearing to terminate the subject
Development Agreement in accordance with Section III.(K.)(c.) of the Development Agreement.
DOCUMENTATION:
Executed_Request for Termination of Development Agreement 01.10.24.pdf
2014 Development Agreement AIS.pdf
2014-026 177-2014 Longstock Dev. Agreement.PDF
Recorded July 2014 Stock Island Marina Village (SIMV)Development Agreement.pdf
FINANCIAL IMPACT:
N/A
3054
Barton W. Smith, Esq.
Jess Miles Goodall, Esq.
Telephone: (305) 296-7227
Facsimile: (305) 296-8448
Email: � r✓�r� .i��ri�l�a��✓,O �Ba �rt'rb.
SENT VIA EMAIL AND FEDEX
7747 9854 4881
January 10, 2024
Emily Schemper, Planner Director
Monroe County Planning& Environmental Resources Department
2798 Overseas Highway, Suite 400
Marathon, FL 33050
Email ,�"f�„ri�tt„K I 1✓iI �� f hd����i��o„� ;n�kaoil=�'...�1 l,.d �� ✓
RE: Stock Island Owner LLC and KW Perry LLC —Request to Terminate Devel22ment
A reement Dated Jul^� 16 2014 and Recorded in Book 2696 Pa�e 1445 of the Official
Records of Monroe Count ,� Florida.
Dear Emily,
Please allow this correspondence to serve as Stock Island Owner,LLC and KW Perry LLC,
each a Florida limited liability company(collectively"Owner")'s formal request to terminate that
certain development agreement dated July 16, 2014, and recorded in Book 2696,Page 1445 of the
Official Records of Monroe County, Florida(the"Development Agreement").
The Development Agreement was entered into by LONGSTOCK II, LLC, a Florida
limited liability company, d/b/a Stock Island Marina Village ("SIMV") and MONROE
COUNTY,FLORIDA, a Political Subdivision of the State of Florida("Monroe County") for the
redevelopment of the property located at 7001 and 7009 Shrimp Road, Stock Island, Florida.
Fla. Stat. § 163.3237 provides that a development agreement may be amended or canceled
by mutual consent of the parties to the agreement or by their successors in interest, and Article
III(K)(c)(iii) of the Development Agreement provides that an amendment, extension, or
termination shall require at least two (2)public hearings. The hearings shall be held pursuant to an
application filed with Monroe County by the Party seeking to amend or terminate this Agreement,
along with the requisite filing fee. Notice of public hearing shall be in accordance with Monroe
County Ordinances and Florida Statutes.
Owner owns the Property, as shown by those certain Special Warranty Deeds recorded in
Book 3218,Page 0606;Book 3218,Page 0610; and Book 3218,Page 0618 of the Official Records
of Monroe County, and is the successor in interest to SIMV, and is therefore permitted to request
termination of the Development Agreement.
(00285955-V4} 138 SIMONTON STREET ICE`(WEST, FLORIDA 33040 .S.A,
Page 1 of 4
T, 305-296-7227 F 305-296-8448 `, I,�'fl 4,��i if+,,Vv '; �_��4"'VI
3055
Emily Schemper, Planning Director
RE: SIMV—Request to terminate Development Agreement
January 10,2024
Page 2 of 4
Owner therefore requests that this termination request be scheduled for the two(2)required
public meetings at the earliest opportunity, and specifically requests that it be heard at the
January 24, 2024, Monroe County Planning Commission meeting and the February 21, 2024,
Monroe County Board of County Commissioners meeting for final approval.
Enclosed please find a check in the amount of$2,580.00 representing the required filing
fee, advertising, and surrounding property owner notice fees.
If you require anything further, or have any questions and/or concerns, please do not
hesitate to contact our office.
Sincerely,
Barton W. Smith
BWS/JG/bg
[Signature Pages to Follow]
100285955-v4} 3056
Emily Schemper,Planning Director
RE: SIMV—Request to terminate Development Agreement
January 10,2024
Page 3 of 4
OWNER:
STOCK ISLAND OWNER,LLC,
a Flori a 'imited liability company
..
..w
B, � r. ....� ..... ... ..
...
Title:—...._ ti.� ....... . ..
State of Florida
County of t4iami Dadc
The foregoing instrument was acknowledged before me by means ofA physical presence or [
] online notarization, this 10111 day of January, 2024, by i(,;jp 1 t as
ff " Hof Stock Island Owner, LLC, a Florida limited liability company, on behalf of
the co pany, who [ ] is personally known to me or [ ] has produced a driver's license as
identification.
�o
[Nota Seal :� �� Notari P blic-Sttate o FWW4 Nota Publ c ..
L" ] LOX
Commission 4 HH 202242
My Comm.Expires Nov 28,2025 Printed Name: Sa ' III i
My Commission
Expires: li 2
[Additional Signature Page to Follow]
100285955-v4}
3057
Emily Schemper,Planning Director
® Sl< Request o terminate Development Agreement
January ,2024
Page 4 of 4
OWNER:
PERRYKW LLC, a Florida limited
liability company
By: �..
Title: ':. ":,,, U,
State of Florida
County of
I
The foregoing instrument was acknowledged before me by means of ff , physical presence or[
] online notarization, this I[ day of January, 2024, by a r m I v e 9 as
company,� � who [off KW rry Lknownitoidmeliomited liability
t�roducompany,
driver`shlicenself of the i personally [ ] p as
identification.
[Notary Seal] Notary Public
Printed Name:
y Commission /
��a►nnrrn,. Expires:y PV®®®® Ivonne Alfonso
CoMM.:HH 2803
t= Expires:April22,2026
®,®°;IM<��'' Notary Public-State of Florida
(00285955-v4}
3058
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 16,2014 Division. Growth went
Bulk Item: Yes— No X Staff Contact Person/Phone#: Christine Hurle 289-2517
ToMh Haberman 289-2532
AGENDA ITEM WORDING: A public hearing to adapt a resolution approving a Development Agreement,pursuant to
Chapter 63.3220 F.S., between 1�ngstock II, LLC and MonroeCounty, Florida a to a conceptual plan to
redevelopStock Island Village, located at 700 and 7009 S Read on Stock.Island.
(Statutorily Required Public Hearing)
ITI Mai BACI+GROUP D:
The agreement involves the redevelopment of Stock Wand Marina Village, located at 700 and 7009 Shrimp Road on
Stock Island.The new development would include commercial retail,office,commercial fishing,light industrial and hotel
uses.The development will be consistent with the policies of the Comprehensive Plan, including but not limited to Policy
101.4.5,and the provisions of the Monroe County Code.Public access is permitted from 7.00 a.m.until dusk.
More specifically,the maximum new development would include:
• A hotel with up to 100 hotel rooms;
• A restaurant with up to 150 seats and up to 4,000 square feet of floor area;
• A marine services and retail building, a rum distillery, a fish house retail and distribution building, and an
environmental resource building consisting of up to 40,000 square feet;
• Additional amenities ancillary and accessory to the hotel use,including a lobby,gatehouse,offiocs, fitness center,
bath house,maintenance,housekeeping and watrrrsports consisting of up to 10,000 square feet;and
• Parking areas and landscaping.
• Required working waterfront preservation pursuant to Comprehensive Plan Policy 101.4.5:
o Working waternt and water dependent uses, such as marina, fish houselmarket,boat repair,boat building,
boat storage, or other similar uses but excluding transient uses, shall be preserved by maintaining a aminizrrum
of 35%of the upland area of the property for those uses.
o At least 20% of the existing wet slips shall be preserved for vessels involved with recreational and
commercial working water&ont uses, excluding live-aboard vessels solely used as a residence and not for
navigation.
v At least 10% of the new wet slips shall be preserved for vessels involved with recreational and commercial
working waterfront uses,excluding live-aboard vessels solely used as a residence and not for navigation.
o The preservation of dockage for recreational and commercial working waterfront uses shall be documented on
the final development plan and shall be a written condition of any permit approval.
o Permanent residential development shall be limited to commercial apartments or employee housing.
o The preservation of a public access walkway shall be required for all parcels with direct access to the water.
Consideration shall be given to security and the physical constraints of the parcel.The public access walkway
shalll be documented on the final development plan to link a continuous walkway and shall be a written
condition of any permit approval.
a Parcels shall be limited to commercial retail uses of less than 5,000 square feet of floor area.
In addition to the application for a development agreement,the applicant submitted an application for an amendment to a
major conditional use permit for the associated redevelopment of the subject property. This separate application, which
will be reviewed by the Planning Commission at a later date, is required in order for the property owner to redevelop the
marina..
During a public meeting held on April 29, 2014, the Development Review Committee reviewed the development
agreement and recommended approval. During a public hearing held on May 28, 2014, the Planning Commission
reviewed the agreement and recommended approval.
PREVIOUS RELEVANT 1BOCCC ACTION;n/a
CONTRACT/A+GREENIENT CHANGES: n/a
STAFF RECONEM[ NDATIONS: Staff recommends approval.
3059
TOTAL COST-._INDIRECT COST: BUDGETED: YesNo
DIFFERENTL4L OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes— No— AMOUNT PER MONTH Year
APROVED BY: County f—X OMB[Purchasing— Risk MmWement
DOCUMENTATION:Included X Not Required�
DISPOSITION: AGENDA rMM#
3060
f If
Y
f
I/
MONROE COUNTY, FLORIDA
RESOLUTION NO. -2014
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS P OVING A
DEVELOPMENT AGREEMENT BETWEEN MONROE
COUNTY, FLORIDA D LONGSTOCK II, LLC,
CONCEPTUALLY APPROVING THE REDEVELOPMENT OF
STOCK. ISLAND MARINA VILLAGE, LOCATED AT 700 AND
7009 SHRIMP ROAD, STOCK ISLAND, APPROXIMATE
MILE MARKER 5, DESCRIBED AS PARCELS OF LAND IN
SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST,
STOCK ISLAND, MONROE COUNTY, FLORIDA, AND
HAVING AL ESTATE ) NUMBERS 00123720.000100,
00123720.000200 AND 00123760.00000.
WHEREAS, during a public meeting held on July 16, 2014 the Monroe County Board of
County Commissioners conducted a public hearing to review and consider a request filed by
Attorney Barton W. Smith, on behalf of Longstock II, LLC, for a development agreement in
accordance with §110-132 and §110-133 of the Monroe County Code and Florida Statutes Sec.
163.3220 et. ,seq., the "Florida.Local Government Development Agreement Act"; and
WHEREAS, the development agreement relates to the redevelopment of an existing
mixed use marina, to include commercial retail, office, commercial fishing, light industrial and
hotel uses.The residential density would not exceed. 100 transient residential units.Not including
accessory structures related to residential uses, the nonresidential floor area would not exceed
0,000 square feet. New residential or nonresidential buildings shall not exceed 5' in height;
and
WHEREAS,the Agreement approves a conceptual site plan for development on the site,
subject to further site plan approval by the Planning Commission; and
WHEREAS, the development agreement involves the redevelopment of the site,
currently known as Stock Island Marina Village, located at 704 and 7009 Shrimp Road, Stock
Island,Florida, approximate mile marker 5 of the Overseas Highway(US 1); and
WHEREAS, the site is described as parcels of land in Section 35, Township 67 South,
Range 25 East, Stock Island, Monroe County, Florida, having Real Estate (RE) Numbers
0012370.000100, 0012720.000200 and 00123760.000200; and
Page 1 of 3
3061
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Findings of Fact:
L The subject property is located within a Maritime Industries (MI) Land Use (Zoning)
District. Further, it is designated within a Mixed Use/ Commercial (MC) category on
the Future Land Use Map (FLUM) and within a Tier III district on the Tier Overlay
District Map; and
1 In 2013, an amendment to the Monroe County Future Land Use Map was approved
amending the future land use designation of the subject property from Industrial (1) to
Mixed Use/Commercial (MC). The approval is memorialized by Ordinance #045-
2013, approved by the Board of County Commissioners at a public hearing on
December 11,2013; and
3. The existing marina was established prior to 1986 and is thereby deemed to have a
major conditional use permit pursuant to §101 4(c) of the Monroe County Code; and
4. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into
development agreements with landowners and/or governmental agencies to encourage
a stronger commitment to comprehensive and capital facilities planning, ensure the
provision of adequate public facilities for development, encourage the efficient use of
resources, and reduce the economic cost of development; and
5. The development agreement, among other things, is intended to and shall constitute a
development agreement among the Parties pursuant to the Florida Local Government
Development Agreement Act, Section 163.3223, et seq., Florida Statutes; and
6. Development shall not be inconsistent with the Monroe County Code; and
7. Development shall not be inconsistent with the Monroe County Comprehensive Plan;
and
8. Development on Stock Island shall not be inconsistent with the Master Plan for the
Future Development of Stock Island and Key Haven, also known as the Stock
Island/Key Haven CommuniKeys Plan; and
9. Development shall not be inconsistent with the Principles for Guiding Development
in the Florida Keys Area of Critical State Concern; and
10. The Monroe County Planning Commission held a public hearing at its meeting on
May 28, 2014;, which was the first of two required public hearings, and
recommended approval to the Board of County Commissioners in Resolution #P 19-
14;
Page 2 of 3
3062
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Conclusions of Law:
1. The request is consistent with the provisions and intent of the Monroe County Code;
2. The request is consistent with the provisions and intent of the Monroe County Year
2010 Comprehensive Plan;
3. The request is consistent with the Master Plan for the Future Development of Stock
Island and Key Haven, also known as the Stock Island/Key Haven CommuniKeys
Plan;
4. The request is consistent with the Principles for Guiding Development in the Florida
Keys Area of Critical State Concern;
5. The Agreement, among other things, is intended to and shall constitute a development
agreement among the Parties pursuant to the Florida Local Government Development
Agreement Act, Section 1 63.3 223, et seq., Florida Statutes;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings of
Fact and Conclusions of Law support its decision to APPROVE the Development Agreement
between Monroe County, Florida and Longstock II, LLC attached hereto.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting held on the 16'h of July, 2014.
Mayor Sylvia Murphy
Mayor pro tern Danny L. Kohlage
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Sylvia Murphy
(SEAL)
ATTEST: A HEAVILIN, CLERK
Deputy Clerk
Page 3 of 3
3063
1
2
3
4 DEVELOPMENT AGREEMENT
5
6 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into on the day
7 of 2014, by and between Monroe County, Florida, a Political
8 Subdivision of the State of Florida ("Monroe County") and Longstock 11, LLC, a Florida
9 limited liability company, d/b/a Stock Island Marina Village ("SMW") (collectively, the
10 "Parties'), pursuant to Sections 110-132 and 110-133 of the Monroe County, Florida, Code of
11 Ordinances ("Monroe County Code"), and the Florida Local Government Development
12 Agreement Act, Florida Statutes Sections 163.3220-163.3243 (2013), and is binding on the
13 "Effective Date" set forth herein:
14
15 WITNESSETH:
16
17 The Parties hereby agree as follows:
18
19 1. RECITALS
20 A. This Agreement involves the redevelopment of property located at 700 and 7009 Shrimp
21 Road, Stock Island, Florida.
22
23 B. All Parties have the authority to enter into this Agreement through Florida Statutes Chapter
24 163.
25
26 C. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into development
27 agreements with landowners and/or governmental agencies to encourage a stronger
28 commitment to comprehensive and capital facilities planning, ensure the provision of
29 adequate public facilities for development, encourage the efficient use of resources, and
30 reduce:the economic cost of development.
31
32 D. This Agreement, among other things, is intended to and shall constitute a development
33 agreement among the Parties pursuant to the Florida Local Government Development
34 Agreement Act, Section 163.3223, et seq., Florida Statutes(the "Act").
35
36 E. The Parties recognize that the public noticing and hearing procedures shall follow the
37 requirements of Section 163.3225, Florida Statutes, which requires the local government to
38 conduct two public hearings, one of which may be before the Planning Commission.
39
40 F. Monroe County finds that entering into this Agreement furthers the purposes, goals,
41 objectives and policies of the Monroe County Comprehensive Plan which contains goals and
42 objectives, including but not limited to Policy 101.4.5, which seeks to encourage the
43 preservation of traditional working waterfront uses along with promoting recreational and
44 commercial working waterfront uses, as defined by 342.07, F.S. by permitting a mix of uses
Page I of 13
3064
1 on properties whose Future Land Use Map ("FLUM") designation is Mixed Use
2 Commercial (MC) and zoning district is Maritime Industries (MI).
3
4 G. Monroe County finds that entering into this Agreement implements Policy 101.20.2 by
5 encouraging the redevelopment of Safe Harbor as identified in the Stock Island/Key Haven
6 Livable Communikeys Master Plan Volume I and [I.
7
8 H. Monroe County finds that entering into this Agreement implements Goal 102 providing the
9 Monroe County shall direct future growth to lands which are intrinsically most suitable for
10 development and shall encourage conservation and protection of environmentally sensitive
11 lands.
12
13 1. Monroe County Code Section 138-22(2) allows for the transference of transient residential
14 ROGO exemptions (TREs) from sender sites in the Lower Keys ROGO subarea or the Big
15 Pine Key/No Name Key ROGO subareas to receiver sites in the Lower Keys ROGO subarea.
16 The receiver site/unit meets all of the following criteria: 1) The receiver site is located in the
17 same ROGO subarea as the sender site, with the exception that ROGO exemptions associated
18 with transient residential dwelling units may be transferred from the Big Pine and No Name
19 Key ROGO subarea to the Lower Keys ROGO subarea; 2) The receiver unit shall only be
20 constructed within a) a tier III designated area or b) a tier III-A (special protection area)
21 designated area where the development does not involve the clearing of any native habitat;
22 and 3) Receiver unit shall not be constructed within a velocity(V) zone.
23
24 J. SIMV property is generally described as follows:
25
26 1. SIMV owns that certain real property located at 700 and 7009 Shrimp Road, Stock
27 Island, Florida ("SIMV Property"). A copy of the Special Warranty Deed evidencing
28 SIMVs ownership is attached as Exhibit 1. Historically and currently the SIMV
29 Property was and is being used for water dependent uses.
30
31 2. The SIMV property complete legal description is provided in Exhibit 2.
32
33 3. As of the date of this Agreement, the SIMV Property is assessed by the Monroe County
34 Property Appraiser as real estate numbers 00123760-000200, 00123720-000100 and
35 00123720�-000200.
36
37 4. The SIMV Property currently has a Maritime Industries ("MI") Land Use (Zoning)
38 District designation and a corresponding Mixed Use Commercial ("MC") Future Land
39 Use Map designation. A copy of the Land Use District Map and Future Land Use Map
40: for the SIMV Property is attached as Exhibit 3.
41
42 5. The SIMV Property currently has a Tier Overlay District designation of Tier 111.
43
44 6. The SIMV Property consists of 44.124 acres, including 12.24 acres of upland and 31.884
45: acres of submerged land.
46
Page 2 of 13
3065
1 7, Since September 15, 1986, marinas in the MI Land Use (Zoning) District require a major
2 conditional use permit. Since the SIMV Property was lawfully developed with a marina
3 prior to September 15, 1986, the SIMV Property is deemed to have a major conditional
4 use permit in accordance with Monroe County Code Section 10 1 4(c).
5
6 8, In 2012, SIMV applied for and was granted a minor deviation to its conditional use for
7 reconfiguring 173 of its existing 361 wet slips. The approval is memorialized by a letter
8 from the Planning&Environmental Resources Director Townsley Schwab dated July 10,
9 2012. A copy of the Minor Deviation approval is attached as Exhibit 4.
10
11 II. PURPOSE
12
13 A. The overall purpose of this Agreement is to allow the Parties to provide certainty in
14 development of the SIMV Property.
15
16 B. The Agreement allows the redevelopment of property located at 700 and 7009 Shrimp
17 Road, Stock Island, Florida, in compliance with all applicable provisions of Florida Statutes,
18 the Principles for Guiding Development in the Florida Keys Area of Critical State Concern,
19 the Monroe County Comprehensive Plan, the Master Plan for the Future Development of
20, Stock Island and Key Haven, and the Monroe County Code.
21
22 C. The Agreement allows the Parties to implement the provisions of Monroe County Code
23, Section 138-22(2) as applied to the Properties in order to allow for a reasonable use of the
24 SIMV Property by allowing the transference of market-rate transient residential TRE's
25 lawfully associated with Sender Site(s)to the Receiver Site.
26
27 D. SIMV desires to transfer up to and including one-hundred (100) transient TREs from sender
28 site(s) to the receiver site SIMV Property.
29
30 111. AGREEMENT REQUIREMENTS
31
32 A. Recitals. The recitals explaining the intent and purpose of the project as set forth in the
33 preceding clauses are incorporated herein and form a material part of this Agreement. The
34 Parties recognize the binding effect of Florida Statutes Sections 163.3220-163.3243, as to the
35 form and content of this Agreement and in accordance therewith set forth and agree to the
36 following.
37
38 B. Legal Description and Ownership. The legal descriptions for the Properties subject to this
39 Agreement are set forth in Exhibit 2.
40
41 C. Duration of Agreement. This Agreement shall remain in effect for ten (10): years from the
42 "Effective Date" as defined herein, and may be extended by mutual consent of the Parties
43 and approval at a public hearing, in accordance with Section 163.3229, Florida Statutes. For
44 the duration of this Agreement,the Parties agree that any development shall comply with and
45 be controlled by this Agreement, the Monroe County Code, and the Monroe County
Page 3 of 13
3066
I Comprehensive Plan governing the development of land in effect on the date of execution of
2 this Agreement, in accordance with Section 163.3220, Florida Statutes.
3
4 D. Permitted Uses.
5
6 1. SIMV, 700 and 7009 Shrimp Road, Stock Island:
7
8 a. The SIMV Property currently has a MI Land Use (Zoning) District designation and a
9 corresponding MC Future Land Use Map designation,
10
11 b. In accordance with this Agreement and with the MC Future Land Use Map category,
12 as set forth in Monroe County Comprehensive Plan Policy 101.4.5, the permitted uses
13 in the MC Future Land Use Map category include, but are not limited to, commercial
14 retail; office; maritime industry; commercial fishing; hotels; marinas, light industrial
15 and accessory uses,.
16
17 c. In accordance with this Agreement and with the MC Future Land Use Map category,
18 as set forth in Monroe County Comprehensive Plan Policy 101.4.5, the SIMV
19 Property shall maintain a minimum of 35% (or 4.28 acres) of the upland area of the
20 property for working waterfront and water dependent uses (excluding transient uses).
21
22 d. In accordance with this Agreement and with the MC Future Land Use Map category,
23 as set forth in Monroe County Comprehensive Plan Policy 101,4.5, the SIMV
24 Property shall maintain a minimum of 20% of the existing wet slips and 10% of any
25 future new wet slips for vessels involved with recreational and commercial working
26 waterfront uses. The dockage for recreational and commercial working waterfront
27 uses shall be documented on the final development plan and shall be a written
28 condition of any permit approval.
29
30 e. In accordance with this Agreement and with the MC Future Land Use Map category,
31 as set forth in Monroe County Comprehensive Plan Policy 101.4.,5, the SIMV
32 Property shall be limited to commercial retail uses of less than 5,000 square feet of
33 floor area.
34
35 f. In accordance with this Agreement and with the MI Land Use (Zoning) District, as
36 set forth in Monroe County Code Section 130-85, and in compliance with other
37 provisions of the Code, the permitted uses in the MI Land Use (Zoning) District
38 include, but are not limited to, commercial retail; office; light industrial; commercial
39 fishing; hotels; marinas and accessory uses.
40
41 g. The redevelopment of the SINN Property includes the addition of'up to one hundred
42 (100) hotel rooms, restaurants, a fish house retail and distribution operation, and other
43 improvements related to the existing marina and accessory development. Not
44 including, accessory structures related to the hotel use, the nonresidential intensity
45 shall not exceed 80,000 square feet.
46
Page 4 of 13
3067
1 h. The height of any new structure associated with the redevelopment of the SIMV
2 Property shall not exceed 35 feet measured from grade, except for solar apparatus,
3 according to the Monroe County Code in effect at the execution of this Agreement.
4 Height is defined as "the vertical distance between grade and the highest part of any
5 structure, including mechanical equipment, but excluding chimneys; spires and/or
6 steeples on structures used for institutional and/or public uses only; radio and/or
7 television antenna, flagpoles; solar apparatus; utility poles and/or transmission
8 towers; and certain antenna supporting structures with attached antenna and/or
9 collocations as permitted in chapter 146. However, in no event shall any of the
10 exclusions enumerated in this section be construed to permit any habitable or usable
11 space to exceed the applicable height limitations," Monroe County Code defines
12 "Grade" as the highest natural elevation of the ground surface, prior to construction,
13 next to the proposed walls of a structure, or the crown or curb of the nearest road
14 directly adjacent to the structure, whichever is higher. For purposes of the SIMV
15 Property grade shall be determined based on the attached topographic survey attached
16 hereto as Exhibit 5.
17
18 E. Public Facilities. The impact on public facilities is nominal. The number of existing
19 transient residential dwelling units and non-residential intensity at SIMV were recognized in
20 the planning of the sewage treatment plant serving Stock Island.
21
22 1. The Florida Keys Aqueduct Authority provides domestic potable water to the SIMV
23 Property. Excluding existing development that may already be metered, the Florida Keys
24 Aqueduct Authority will master meter the hotel use. In addition, excluding existing
25 development that may already be metered, the Florida Keys Aqueduct Authority will
26 meter other types of development accordingly.
27
28 2. Keys Energy Services provides electric service to the SIMV Property. Excluding existing
29 development that may already be metered, Keys Energy Services will master meter the
30 hotel use. In addition, excluding existing development that may already be metered, Keys
31 Energy Services will meter other types of development accordingly.
32
33 3. Solid waste service is provided to each property by a solid waste collection system
34 franchised by Monroe County.
35
36 4. The SIMV Property is connected to central sewer via KW Resort Utilities Corp.'s
37 system.
38
39 F. Reservation or Dedication of Land. There is no reservation or dedication of land for public
40 purposes contemplated by this Agreement.
41
42 G. Development Allowed and Required. The following specific criteria are those which will
43 guide development of the Property, and are standards by which any further approvals shall be
44 measured and shall be as follows:
45
Page 5 of 13
3068
1 a. The SIMV Property consists of 44.124 gross acres consisting of 12.24 acres of upland
2 and 31.884 acres of submerged land.
3
4 b. SIMV Property is permitted to transfer up to (100) transient TRE's from property(s)
5 located in the Lower Keys and Big Pine Key ROGO subareas.
6
7 c. Provided such development can be designed and approved by all applicable codes,
8 including but not limited to the Monroe County Code and Florida Building Code,
9 SIMV is permitted to develop the following buildings, facilities and structures on the
10 SIMV Property pursuant to this Agreement:
11
12 i. Up to one hundred (100) hotel rooms to be developed into a hotel.
13
14 ii. Additional amenities ancillary and accessory to the marina use, including two
15 restaurants and a pool bar with up to 300 seats and up to 7,000 square feet of floor
16 area.
17
18 iii. Additional amenities ancillary and accessory to the hotel use, including a lobby,
19 gatehouse, offices, fitness center, bath house, maintenance, and housekeeping
20 consisting of up to 10,000 square feet as depicted on plans submitted with this
21 Agreement,
22
23 iv. A marine services, retail, fish house retail and distribution building, boat barn
24 consisting of up to 40,000 square feet as depicted on plans submitted with this
25 Agreement.
26
27 v, Parking areas and landscaping
28
29 vi. Public access is permitted to the SIMV Property from 7:00 a.m. until dusk.
30
31 vii. Working waterfront and water dependent uses, such as marina, fish house/market,
32 boat repair, boat building, boat storage, or other similar uses but excluding
33 transient uses, shall be preserved by maintaining a minimum of 35% of the upland
34 area of the property for those uses.
35
36 (a) at least 20% of the existing wet slips shall be preserved for vessels involved
37 with recreational and commercial working waterfront uses, excluding live-aboard
38 vessels solely used as a residence and not for navigation.
39 (b) at least 10% of the new wet slips shall be preserved for vessels involved with
40 recreational and commercial working waterfront uses, excluding live-aboard
41 vessels solely used as a residence and not for navigation.
42 (c) the preservation of dockage for recreational and commercial working
43 waterfront uses shall be documented on the final development plan and shall be a
44 written condition of any permit approval,
45 (d) Permanent residential development shall be limited to commercial apartments
46 or employee housing.
Page 6 of 13
3069
I (e) The preservation of a public access walkway shall be required for all parcels
2 with direct access to the water. Consideration shall be given to security and the
3 physical constraints of the parcel. The public access walkway shall be
4 documented on the final development plan to link a continuous walkway and shall
5 be a written condition of any permit approval.
6 (f) Parcels shall be limited to commercial retail uses of less than 5,000 square feet
7 of floor area.
8
9 H. Site Plan Approval: Monroe County does hereby accept the conceptual site plan of the
10 SIMV Property, The conceptual site plan is attached as Exhibit 6, The development shall be
11 consistent with all applicable codes, including but not limited to the Monroe County
12 Comprehensive Plan and Monroe County Code. Following a review of compliance with such
13 codes, the final site plan must be approved by the Monroe County Planning Commission as
14 an amendment to the Property's major conditional use permit. The Planning,Commission has
15 final authority over the site plan and the site plan may be amended by the Planning
16 Commission.
17
18 1. Military Installation Area of Impact. SIMV acknowledges and understands the SIMV
19 Property is within the Military Installation Area of Impact Overlay as defined by the Monroe
20 County Comprehensive Plan. The SIMV Property is located in the 55 —59 and 60—64 DNL
21 (Day-Night Average Sound Level) noise contours pursuant to the 2013 Navy Final
22 Environmental Impact Statement, While not within a 65 DNL Noise Zone or greater, SIMV
23 agrees to sound attenuate all habitable buildings and shall strive to achieve an outdoor to
24 indoor Noise Level Reduction Level (NLR) of at least 25 decibels. Normal permanent
25 construction can be expected to provide a NLR of 20 dB.
26
27 J. Finding of Consistency. By entering into this Agreement, Monroe County finds that the
28 development permitted or proposed herein is consistent with the Monroe County
29 Comprehensive Plan and Monroe County Code.
30
31 K. Breach,Amendment, Enforcement, and Termination.
32
33 a. Material Breach: A material breach by the Parties is the failure of any Party to
34 comply with the terms of this Agreement after Notice as provided herein.
35
36 b. Notice: Upon any Party's material breach of the terms and conditions of this
37 Agreement, the non-breaching Party shall serve written Notice of the breach upon the
38 breaching Party pursuant to the procedure established in this Agreement and shall
39 provide the opportunity, within ninety (90) days of the date such Notice is served, to
40 propose a method of fulfilling the Agreement's terms and conditions or curing the
41 breach. The breaching Party shall be provided an additional ninety (90) days to cure
42 the material breach or to negotiate an amendment to this Agreement within a
43 reasonable time, as mutually agreed to by the Parties. This Agreement is not subject
44 to arbitration and must be amended in accordance with the statutory requirements.
45
Page 7 of 13
3070
1 c. Amendment or Termination: The Parties hereto shall at all times adhere to the
2 terms and conditions of this Agreement. Amendment, termination, extension, or
3 revocation of this Agreement shall be made in accordance with the notification and
4 procedural requirements set forth herein.
5
6 i. Amendments to this Agreement shall subject Parties to the laws and policies in
7 effect at the time of the amendment only if the conditions of Section 163 323 3(2),
8 Florida Statutes, are met.
9
10 ii. No modifications, extensions, amendments, or alterations of the terms or
11 conditions contained herein shall be effective unless contained in a written
12 document approved and executed by the Parties.
13
14 iii. Amendment, extension or termination shall require at least two (2) public
15 hearings. The hearings shall be held pursuant to an application filed with Monroe
16 County by the Party seeking to amend or terminate this Agreement, along with the
17 requisite filing fee. Notice of public hearing shall be in accordance with Monroe
18 County Ordinances and Florida Statutes.
19
20 d. Enforcement:
21
22 i. After notice and an opportunity to respond and/or cure the material breach as
23 provided for below. Monroe County may utilize appropriate code compliance
24 remedies to cure any breach after, notice and an opportunity to cure as provided
25 herein.
26
27 ii. Monroe County, the other Parties, their successors or assigns, or any aggrieved or
28 any adversely affected person as defined in Section 163.3215(2), Florida Statutes,
29 may file an action for injunctive relief in the Circuit Court of Monroe County to
30 enforce the terms of this Agreement or to challenge compliance with the
31 provisions of Sections 163.3243, Florida Statutes,
32
33 iii. Nothing contained herein shall limit any other powers, rights, or remedies that
34 either party has, or may have in the future, to enforce the terms of this Agreement.
35
36 L. Binding Effect of Agreement. The covenants, agreements, and obligations herein contained,
37 except as herein otherwise specifically provided, shall extend to, bind and inure to the benefit
38 of the Parties hereto and their respective personal representatives, heirs, successors and
39 assigns.
40
41 M. State and Federal Law. If State or Federal laws enacted after the effective date of this
42 Agreement preclude either Party's compliance with the terms of this Agreement, this
43 agreement shall be modified as is necessary to comply with the relevant State or Federal
44 Laws.
45
Page 8 of 13
3071
1 0. Compliance with Other Laws. The failure of this Agreement to address a particular permit,
2 condition, term, or restriction shall not relieve the Parties of the necessity of complying with
3 the laws governing said permitting requirements, conditions, terms or restrictions,
4
S P. Reservation of Rights. This Agreement shall not affect any rights, which may have accrued
6 to any party to this Agreement under applicable law, The Parties reserve any and all such
7' rights. All approvals referenced in this Agreement are subordinate to compliance with all
8 applicable laws, codes, and land development regulations and permits, except to the extent
91 otherwise provided for in this Agreement.
10
11 Q No Permit. This Agreement is not and shall not be construed as a Development Permit,
12 Development Approval or authorization to commence development, nor shall it relieve the
13 Parties other than Monroe County of the obligations to obtain necessary Development
14 Approvals that are required under applicable law and under and pursuant to the terms of this
is Agreement and Monroe County Code.
16
17 R. Good Faith; Further Assurances; No Cost. The Parties to this Agreement have negotiated
18 in good faith. It is the intent and agreement of the Parties that they shall cooperate with each
19 other in good faith to effectuate the purposes and intent of, and to satisfy their obligations
20 under, this Agreement in order to secure themselves the mutual benefits created under this
21 Agreement. The Parties agree to execute such further documents as may be reasonably
22 necessary to effectuate the provisions of this Agreement; provided that the foregoing shall in
23 no way be deemed to inhibit, restrict or require the exercise of Monroe County's police
24 power or actions of Monroe County when acting in a quasi-judicial capacity. Wherever in
25 this Agreement a provision requires cooperation, good faith or similar effort to be undertaken
26 at no cost to a party, the, party co-operating, reviewing or undertaking the effort shall,
27 nonetheless, bear its cost of attendance at meetings, hearings, or proceedings and comment
28 and/or execution of documents, inclusive of the expense of its counsel.
29
30 S. Successors and Assigns. This Agreement shall constitute a covenant running with the land,
31 which shall be binding upon the Parties hereto, their successors in interest, heirs, assigns, and
32 personal representatives.
33
34 T. Joint Preparation. This Agreement has been drafted with the participation of the Parties
35 and their counsel, and shall not be construed against any party on account of draftsmanship.
36, The captions of each article, section and subsection contained in this Agreement are fore ease
37 of reference only and shall not affect the interpretational meaning of this Agreement.
38 Whenever the term "included" is used in this Agreement, it shall mean that the included
39 items, or terms are included without limitation as to any other items or terms, which may fall
40, within the listed category,
41
42 U. Notices. All notices, demands, requests or replies provided for or permitted by this
43 Agreement shall be in writing and may be delivered by any one of the following methods: (a)
44 by personal delivery; (b) by deposit with the United States Postal Service as Certified or
45 Registered mail, return receipt requested, postage prepaid, to the addresses stated below; or
46 (c) by deposit with an overnight express delivery service with proof of receipt to the
Page 9 of 13
3072
1 addresses stated below. Notice shall be deemed effective upon receipt. For purposes of
2 notice, demand, request, or replies:
3
4 The address of Monroe County shall be:
5
6 County Administrator
7 1100 Simonton Street
8 Room 2-205
9 Key West, Florida 33040
10
11 with a copy to
12
13 Robert Shillinger , Esq.
14 County Attorney
15 PO Box 1026
16 Key West, Florida 33041
17 and
18 1111 12 th Street, Suite 408
19 Key West, Florida 33040
20
21 The address of SIMV shall be:
22
23 C/O Matthew Strunk
24 7009 Shrimp Road
25 Key West, Florida 33040
26
27 And a copy to
28
29 Barton W. Smith, Esq.
30 Smith Oropeza, P.L.
31 138 - 142 Simonton Street
32 Key West, Florida 33040
33
34 It is the responsibility of the Parties to promptly notify all other Parties of any change in
35 name or address for receipt of notice, demand, request, or replies.
36
37 V. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes,
38 acts of God, inability to obtain labor or materials or reasonable substitutes therefore, riot,
39 civil commotion, fire or other casualty and other causes beyond the reasonable control of the
40 party obligated to perform, excluding the financial inability of such party to perform and
41 excluding delays resulting from appeals or rehearing, shall excuse the performance by such
42 party for a period equal to any such period of prevention, delay or stoppage. In order to avail
43 itself of this force majeure provision, the party invoking the same shall provide the other
44 party with a written notice that shall consist of a recitation of all events that constitute force
45 majeure events under this Section, together with the beginning and ending dates of such
46 events.
Page 10 of 13
3073
1
2 W. Construction. This Agreement shall be construed in accordance with the laws of the State of
3 Florida. The Parties to this Agreement have participated fully in the negotiation and
4 preparation hereof; and, accordingly, this Agreement shall not be more strictly construed
5 against any one of the Parties hereto. In construing this Agreement, the use of any gender
6 shall include every other and all genders, and captions and section and paragraph headings
7 shall be disregarded. All of the exhibits attached to this Agreement are incorporated in, and
8 made a part of, this Agreement.
9
10 X. Omission. The Parties hereto recognize and agree that the failure of this Agreement to
11 address a particular permit, condition, terms or restriction shall not relieve either Party of the
12 necessity of complying with the law governing said permitting requirements, conditions,
13 term, or restriction notwithstanding any such omission.
14
15 Y, Jurisdiction and Governing Law. The Parties hereto agree that any and all suits or actions
16 at law shall be brought in Monroe County, Florida and no other jurisdiction. This Agreement
17 shall be construed and interpreted under the laws of the State of Florida. This Agreement is
18 not subject to arbitration,
19
20 Z. Attorney's Fees and Costs. The Parties agree that in the event any cause of action or
21 administrative proceeding is initiated or defended by any patty relative to the enforcement or
22 interpretation of this Agreement, the prevailing party shall be entitled to reasonable
23 attorney's fees, court costs, as an award against the non-prevailing party, and shall include
24 attorney's fees, courts costs, in appellate proceedings. Mediation proceedings initiated and
25 conducted pursuant to: this Agreement shall be in accordance with the Florida Rules of Civil
26 Procedure and usual and customary procedures required by the circuit court of Monroe
27 County.
28
29 AA. Time of Essence. Time shall be of the essence for each and every provision of this
30 Agreement.
31
32 BB. Entire Agreement. This Agreement, together with the documents referenced herein,
33 constitute the entire agreement and understanding among the Parties with respect to the
34 subject matter hereof, and there are no other agreements, representations or warranties other
35 than as set forth herein. This Agreement may not be changed, altered or modified except by
36 an instrument in writing signed by the Party against whom enforcement of such change
37 would be sought and subject to the requirements for the amendment of development
38 agreements in the Act.
39
40� CC, Counterparts. This Agreement may be executed in one or more counterparts, and by
41 different Parties: hereto in separate counterparts, each of which when executed shall be
42 deemed to an original but all which taken together constitute one and the same agreement.
43
44 DD. Recording. Monroe County shall record this Agreement with the Clerk of the Circuit Court
45 of Monroe County within fourteen (14) days following signature by all Parties. SIMV agrees
46 that it shall be responsible for all recording fees and other related fees and costs related to the
Page 11 of 13
3074
I recording and delivery of this Agreement as described in this section. The provisions hereof
2 shall remain in full force and effect during the term provided herein and shall be binding
3 upon all successors in interest to the Parties to this Agreement.
4
5 EE. Conflicting Resolutions. All resolutions or parts thereof in conflict with the provisions of
6 this Agreement and its resolution are hereby repealed to the extent of such conflict.
7
8 FF. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid
9 under any applicable law or regulation, such provisions shall be inapplicable and deemed
10 omitted to the extent so contrary, prohibited, or invalid; however, the remainder of the
11 Agreement shall not be invalidated thereby and shall be given full force and effect as if the
12 contrary,prohibited, or invalid provision was never a part hereof
13
14 TV. Effective Date. The"Effective Date"of this Agreement is forty-five(45) days after the duly
15 signed and recorded Agreement is received by the Florida Department of Economic
16 Opportunity pursuant to Chapter 380, Florida Statutes, and if appealed, until the appealed is
17 resolved and if challenged until the challenge is resolved.
18
19
20 [Rest of page intentionally left blank, signature page to follow]
21
Page 12 of 13
3075
1
2 IN WIINESS WHEREOF,the Parties hereto have set their hands and seals on the day and year
3 below written.
4
S Longstock 11,LLC
6
7 B
8 Donald Foss
9
10 Title: Manazer
11
12 Date:
13
14 The foregoing instrument was acknowledged before me on this day of
15 2014,by Donald Foss,the manager of Longstock 11, LLC. He is persoiiZ—yknown to me and did
16 not take an oath,
17
18 C2ffltLgf— Not Public
19 State of My commission expires
20
21 SEAL
22
23
24
25
26
27 ATTES - MY HEA JL[N V CLE 'OUNTY jBOARD OF
. A RK
28 MONROE C
COUNTY COMARSSIONERS
29
30
31 2EPUTY CLERK M&YOR
K)NVIOE COUNTY ATTORNI-
APPROVED AS TO FORM
GRIME EY
A881,,_A :,,C0UIITYATT0RNE'V'
Page 13 of 13
3076
Deco 1919016 01/04/2011 11:13AM
Filed 6 Recorded in Official Records of
MONROE COUNTY DANNY L, 1(OLNA(3E
This Document Prepared By and Return To:
Joe MiWas.Esq. 01/84/261t 11:13AM
Joe MtWas,P.A. DEED DOC STAMP CL: RHONDA $112,000.00
P.O.Box 366
Isiamorada,FL 33036
Parcel ID Number: 9091103 et seq. Deco 181"16
SkO 2499 P$# 355
Special Warranty Deed
This Indenture, made this it,day of December, 2010, between NEW STOCK
ISLAND PROPERTIES, LLC, a Delaware limited liability company, authorized to
do business in the State of Florida, having an address of 7009 Shrimp Road,
Suite 2, Key West, Monroe County, Florida 33040, grantor and
LONGSTOCK II, LLC, a Florida limited liability company, having an address of
7009 Shrimp Road, Suite 2, Key West, Monroe County, Florida 33040,
grantee.
WITNESSETH that the Grantor, for and in consideration of the sum of TEN
($10) DOLLARS and other good and valuable consideration to Grantor in hand
paid by Grantee, the receipt whereof is hereby acknowledged, has granted,
bargained and sold to the said Grantee and Grantee's heirs, successors and
assigns forever, the following described land, situate, lying and being in the
County of Monroe, State of Florida, to wit:
SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" HERETO
NOTE. This is an absolute conveys-nee of the title in consideration of the
cancellation of the debt secured by the mortgage and is not intended to be an
additional security.
Together with all tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that grantor is lawfully
seized of said land in fee simple; that grantor has good right and lawful
authority to sell and convey said land; that grantor hereby fully warrants the
title to said land and will defend the same against the lawful claims of all
persons claiming by, through or under grantor.
11
Exhibit 1
3077
Dee" 1819015
SkU 2409 PSM: 356
In Witness Whereof, the grantor has hereunto set its hand and seal the day
and year first above written,
Signed, sealed and delivered NEW STOCK ISLAND PROPERTIES, LLC,
in our presence a Delaware limited liability company
By: New Stock Island Properties 11, LLC,
a Delaware limited liability company
its Member
141 By: New Stock Island Properties III, LLC,
Printed name: a Delaware limited liability company
Witness its Member
"Adul 6�xX By: EVA Realty, LLC, a Delaware limited
P�rated name: jM6i,e- &—e liability company its Manager
Witness BY: ja=�
M;at e w S tx u
Title
STATE OF Cuo\In r
COUNTY OF 1S
The foregoing instrument was acknowledged before me this day of
December, 2010, by Matthew Strunk, as AAm"d ky of EVA Realty,
LLC, the Manager of New Stock Island III, LLC, a Delaware Limited liability
company, the Member of New Stock Island Properties 11, LLC, a Delaware
limited liability company, the Member of New Stock island Properties, LLC, a
Delaware limited liability company, on behalf of said companies, who is
personally known to me or who produced N� as identification.
NotarMbfi I
(Seal) t*v�' ion No._tatseo!�,0j!�Q2Z3j-jS-
Commission Expires- (,244
JOW GERENA
WraN put)tjc,State of Now YO*
No 01GE6223275
auw&6iin Suffoll(Cou
c*raiawon Zorea 6CW0"7'j'2"0-L4
Exhibit 1
3078
Doc## 1819016
E UMZT A 6k## 2499 P911 357
PARCEL A:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST;
484.79 FEET; THENCE BEAR SOUTH 05 DEGREES 39 MINUTES 55 SECONDS WEST,
938.76 FEET; THENCE BEAR SOUTH 08 DEGREES 09 MINUTES 05 SECONDS EAST
249.71 FEET; THENCE BEAR SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST,
131.51 FEET; THENCE BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST,
456.55 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND AND
SUBMERGED LANDS HEREIN AFTER DESCRIBED; FROM SAID POINT OF BEGINNING
CONTINUE BEARING SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST,
119.17FEET; THENCE BEAR SOUTH 05 DEGREES 54 MINUTES 55 SECONDS WEST,
186.69 FEET; THENCE BEAR SOUTH 84 DEGREES 05 MINUTES 05 SECONDS EAST,
175,00 FEET TO A POINT, THENCE BEAR NORTH 34 DEGREES 32 MINUTES 55
SECONDS EAST, 116.44 FEET TO A POINT; THENCE BEAR NORTH 89 DEGREES 27
MINUTES 55 SECONDS EAST, 915.36 FEET TO A POINT; THENCE BEAR NORTH 06
DEGREES 02 MINUTES 03 SECONDS WEST, 230.00 FEET, TO A POINT WHICH IS
BEARING NORTH 89 DEGREES 27 MINUTES 55 SECONDS EAST FROM THE
AFOREMENTIONED POINT OF BEGINNING; THENCE BEAR SOUTH 89 DEGREES 27
MINUTES 55 SECONDS WEST FOR A DISTANCE OF 1108.00 FEET BACK TO THE
POINT OF BEGINNING.
PARCEL B:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH
STREET AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK
ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA, BEAR SOUTH 83 DEGREES, 56 MINUTES EAST, 485.00
FEET; THENCE BEAR SOUTH 05 DEGREES, 47 MINUTES WEST, 938.88 FEET;
THENCE BEAR SOUTH 08 DEGREES, 02 MINUTES EAST, 249.71 FEET"; THENCE BEAR
SOUTH 14 DEGREES, 31 MINUTES EAST, 131.51 FEET; THENCE BEAR SOUTH 02
DEGREES, 04 MINUTES WEST„ 262.26 FEET TO THE POINT OF BEGINNING OF THE
TRACT OF LAND AND SUBMERGED LAND HEREINAFTER DESCRIBED; THENCE
SOUTH 84 DEGREES 19 MINUTES EAST, 140 FEET MORE OR LESS TO THE OUTSIDE
FACE OF AN EXISTING CONCRETE SEAWALL; THENCE BEAR NORTH 88 DEGREES, 56
MINUTES EAST, 970 FEET, MORE OR LESS, OUT INTO AN EXISTING SLIP; THENCE
BEAR SOUTH 05 DEGREES, 55 MINUTES WEST, 180 FEET, MORE OR LESS, TO THE
CENTER LINE OF AN EXISTING SPIT OF LAND; THENCE BEAR SOUTH 89 DEGREES,
32 MINUTES WEST, ALONG SAID CENTER LINE OF SAID SPIT OF LAND 1108 FEET,
MORE OR LESS, TO A POINT WHICH IS BEARING SOUTH 02 DEGREE'S, 04 MINUTES
WEST FROM THE POINT OF BEGINNING; THENCE BEAR NORTH 02 DEGREES, 04
MINUTES EAST, 194.29 FEET BACK TO THE POINT OF BEGINNING.
ALSO DESCRIBED AND INSURED AS:
3
Exhibit
3079
Dcc" 181.9036
Bk# 2499 Pq# 358
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST
484.79 FEET; THENCE BEAR SOUTH 05 DEGREES 39 MINUTES 55 SECONDS WEST,
938.76 FEET; THENCE BEAR SOUTH 08 DEGREES 09 MINUTES 05 SECONDS EAST
249,71 FEET; THENCE HEAR SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST
131.51 FEET; THENCE BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST
262.26 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND AND
SUBMERGED LAND HEREINAFTER DESCRIBED; THENCE SOUTH 84 DEGREES 26
MINUTES 05 SECONDS EAST, 131,81 FEET TO THE OUTSIDE FACE OF AN EXISTING
CONCRETE SEAWALL; THENCE BEAR NORTH 88 DEGREES 48 MINUTES 55 SECONDS
EAST 977.77 FEET OUT INTO AN EXISTING SLIP; THENCE BEAR SOUTH 05 DEGREES
37 MINUTES 29 SECONDS WEST, 192.30 FEET TO THE CENTERLINE OF AN EXISTING
SPIT OF LAND; THENCE BEAR SOUTH 89 DEGREES 27 MINUTES 55 SECONDS 'NEST,
ALONG SAID CENTERLINE OF SAID SPIT OF LAND 1096.56 FEET TO A POINT WHICH
IS BEARING SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST FROM THE POINT
OF BEGINNING; THENCE BEAR NORTH 01 DEGREES 56 MINUTES 55 SECONDS EAST,
194.29 FEET BACK TO POINT OF BEGINNING.
PARCEL C:
A TRACT OF LAND AND SUBMERGED LAND AT STOCK ISLAND, MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND AS
RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, BEAR SOUTH 84° 02' 07" EAST, 484.79 FEET; THENCE BEAR
SOUTH 05° 39' 55" WEST, 938.76 FEET; THENCE BEAR SOUTH 08° 09' 05" EAST,
249.71 FEET; THENCE BEAR SOUTH 14' 38' 05" EAST, 36.68 FEET TO THE POINT OF
BEGINNING OF THE TRACT OF LAND AND SUBMERGED LANDS HEREINAFTER
DESCRIBED; THENCE CONTINUE BEARING SOUTH 14° 38' 05" EAST, 94.83 FEET;
THENCE BEAR SOUTH 010 56 55" WEST, 82.95 FEET; THENCE BEAR NORTH 89- 24'
55" EAST, 1120.76 FEET, OUT ONTO A SPIT OF LAND TO THE SHORELINE; THENCE
BEAR NORTH 05°37'29" EAST, 161,06 FEET TO A POINT; THENCE BEAR SOUTH 89°
24' 55" WEST, 1000.60 FEET TO A POINT ON A CONCRETE SEAWALL, SAID POINT
13EARING SOUTH 856 13' 05" EAST FROM THE POINT OF BEGINNING; THENCE BEAR
NORTH 85° 1.3' 05" WEST, 157.63 FEET TO THE POINT OF BEGINNING.
PARCEL E:
A PARCEL OF FILLED LAND AND ADJACENT BAY BOTTOM LYING SOUTHERLY OF
BLOCK: 57, MALONEY'S SUBDIVISION OF A PART OF STOCK ISLAND, MONROE
COUNTY, FLORIDA AS RECORDED IN PLAT BOOK 1 AT PAGE 55 OF MONROE COUNTY
PUBLIC RECORDS AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM THE INTERSECTION OF THE EASTERLY LINE OF 5TH STREET (AS
CONSTRUCTED) AND THE SOUTHERLY LINE OF 5TH AVENUE (AS CONSTRUCTED) GO
EASTERLY ALONG THE SOUTHERLY LINE OF 5TH AVENUE A DISTANCE OF 500 FEET
TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A DISTANCE OF 730 FEET
TO A POINT; THENCE EASTERLY AND AT RIGHT ANGLES A DISTANCE OF 191.5 FEET
4
Exhibit
c
3080
DOCK 1619016
AkN 24SS Pg#t 359
TO A POINT WHICH IS THE POINT OF BEGINNING; THENCE CONTINUE EASTERLY
ALONG THE PROLONGATION OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE
OF 393.5 FEET TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A
DISTANCE OF 226,08 FEET TO A POINT;THENCE EASTERLY AND AT RIGHT ANGLES A
DISTANCE OF 125 FEET TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A
DISTANCE OF 20 FEET TO A POINT IN AN EXISTING SEAWALL; THENCE WESTERLY
AND PARALLEL WITH THE SOUTHERLY FACE OF SAID SEAWALL A DISTANCE OF
450.1 FEET TO A POINT; THENCE NORTHERLY AND AT RIGHT ANGLES TO A
SOUTHERLY LINE OF FIFTH AVENUE A DISTANCE OF 30 FEET TO A POINT; THENCE
WESTERLY AND AT RIGHT ANGLES A DISTANCE OF 68.5 FEET TO A POINT; THENCE
NORTHERLY AND AT RIGHT ANGLES A DISTANCE OF 227.2 FEET BACK TO THE POINT
OF BEGINNING.
ALSO
A PARCEL OF BAY BOTTOM SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY
LINE OF THE ABOVE DESCRIBED PARCEL, SAID BAY BOTTOM BEING 10 FEET WIDE.
ALSO DESCRIBED AND INSURED AS:
A PARCEL OF FILLED LAND AND ADJACENT BAY BOTTOM LYING SOUTHERLY OF
BLOCK 57, MALONEY S SUBDIVISION OF A PART OF STOCK ISLAND, MONROE
COUNTY, FLORIDA AS RECORDED IN PLAT BOOK I AT PAGE 55 OF MONROE COUNTY
PUBLIC RECORDS AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, PLORIDA; THENCE S 84° 02' 07" E, ALONG
SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE 499.98 FEET TO THE EASTERLY LINE
OF AN EASEMENT AGREEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 780,
PAGE 1169 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 05"
57' 53" W, ALONG SAID EASTERLY LINE, A DISTANCE 729,82 FEET TO THE
SOUTHERLY LINE OF AN INGRESS/EGRESS EASEMENT AS RECORDED IN OFFICIAL
RECORDS BOOK 1239, PAGE 464 OF THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA; THENCE S 84' 02' 07" E, ALONG SAID SOUTHERLY LINE, A DISTANCE
191.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID
SOUTHERLY LINE S 84'02'07" E, A DISTANCE OF 393,51; THENCE S 06' 00' 38" W, A
DISTANCE OF 227.1.7 FEET; THENCE S 85' 29' 39" E, A DISTANCE OF 125.00 FEET;
THENCE S 06" 01' 16" W, A DISTANCE OF 20.01 FEET TO THE SOUTHERLY FACE OF A
CONCRETE SEAWALL; THENCE N 85' 29' 39" W, ALONG SAID SOUTHERLY LINE, A
DISTANCE OF 450.10 FEET; THENCE N 06° 23` 31" E, A DISTANCE OF 30.00 FEET;
THENCE N 85' 29' 39" W, A DISTANCE 68,50 FEET; THENCE N 05' 56' 58" E, A
DISTANCE OF 227.20 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
A PARCEL OF BAY BOTTOM SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY
LINE OF THE ABOVE DESCRIBED PARCEL, SAID BAY BOTTOM BEING 10 FEET WIDE.
TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER AND UPON THE
FOLLOWING DESCRIBED PROPERTY, RECORDED IN OFFICIAL RECORDS BOOT{ 1239,
PAGE 464, AND ALSO IN OFFICIAL RECORDS BOOK 2287, PAGE 719, PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA, SITUATED, LYING AND BEING IN THE
COUNTY OF MONROE. STATE OF FLORIDA, TO WIT: A PARCEL OF LAND LYING
SOUTHERLY OF BLOCK 57, MALONEY'$ SUBDIVISION OF PART OF STOCK ISLAND,
MONROE COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 1, AT PAGE 55, MONROE
5
Exhibit 1
3081
Doc" 1819616
Bk# 2429 Pq# 360
COUNTY OFFICIAL RECORDS, AND IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
FROM THE INTERSECTION OF THE EAST LINE OF 5TH STREET (AS CONSTRUCTED)
AND THE SOUTHERLY LINE OF 5TH AVENUE (AS CONSTRUCTED) GO WESTERLY
ALONG THE SOUTHERLY LINE OF STH AVENUE A DISTANCE OF 499 FEET TO A
POINT, WHICH POINT IS THE POINT OF BEGINNING; THENCE 'SOUTHERLY AND AT
RIGHT ANGLES A DISTANCE OF 701 FEET TO A POINT; THENCE EASTERLY AND AT
RIGHT ANGLES A DISTANCE OF 586 FEET TO A POINT; THENCE SOUTHERLY AND AT
RIGHT ANGLES A DISTANCE OF 29 FEET' TO A POINT; THENCE WESTERLY AND AT
RIGHT ANGLES A DISTANCE OF 615 FEET TO A POINT; THENCE NORTHERLY AND AT
RIGHT ANGLES A DISTANCE OF 730 FEET TO A POINT IN THE SOUTHERLY LINE OF
5TH AVENUE; THENCE EASTERLY AND AT RIGHT ANGLES AND ALONG THE
SOUTHERLY LINE OF 5TH AVENUE A DISTANCE OF 29 FEET BACK TO THE POINT OF
BEGINNING,
SAID EASEMENT ALSO DESCRIBED AND INSURED AS:
A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST,
MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF BLOCK 57 OF MCDONALD'S PLAT OF A
PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY RIGHT-
OF-WAY LINE OF FIFTH AVENUE SOUTH 84002*07" EAST, A DISTANCE OF 499.98
FEET TO THE WEST LINE OF TRUSTEE'S DEED N0.20083 AS RECORDED IN O.R.
BOOK 0u65, PAGE 82; THENCE LEAVING SAID LINE SOUTH 05' 57' 53" WEST, ALONG
SAID LINE A DISTANCE OF 699.82 FEET TO THE POINT OF BEGINNING; THENCE
SOUTH 84° 02' 07" EAST, PARALLEL WITH THE SOUTHERLY LINE OF SAID FIFTH
AVENUE A DISTANCE OF 740.00 FEET; THENCE SOUTH 05° 57' 53" WEST, A
DISTANCE OF 40.00 FEET; THENCE NORTH 84 02' 07" WEST, A DISTANCE OF 155.00
FEET; THENCE NORTH 05' 57' 53" EAST, A DISTANCE OF 10.00 FEET; THENCE
NORTH 84° 02' 07" WEST, A DISTANCE OF 585.00 FEET TO THE WEST LINE OF SAID
TRUSTEE'S DEED; THENCE NORTH 05' 57' 53" EAST, ALONG SAID LINE A DISTANCE
OF 30.00 FEET TO THE POINT OF BEGINNING.
PARCEL F.
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK. ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, BEAR SOUTH 83 DEGREES AND 56 MINUTES EAST, 485.00 FEET; THENCE
BEAR SOUTH 05 DEGREES AND 47 MINUTES WEST, 938.88 FEET; THENCE BEAR
SOUTH 08 DEGREES AND 02 MINUTES EAST, 249.71 FEET; THENCE BEAR SOUTH 14
DEGREES AND 31 MINUTES EAST, 1.31.51 FEET; THENCE SEAR SOUTH 02 DEGREES
AND 04 MINUTES WEST, 82.95 FEET TO THE POINT OF BEGINNING OF THE TRACT OF
LAND AND SUBMERGED LANDS HEREINAFTER DESCRIBED; THENCE CONTINUE
BEARING SOUTH. 02 DEGREES AND 04 MINUTES WEST, 179.31 FEET; THENCE BEAR
SOUTH 84 DEGREES AND 19 MINUTES EAST', 140.00 FEET, MORE OR LESS, TO THE
OUTSIDE FACE OF AN EXISTING CONCRETE SEAWALL; THENCE BEAR NORTH 88
DEGREES AND 56 MINUTES EAST OUT INTO A SLIP'970 FEET, MORE OR LESS, TO A
POINT; THENCE BEAR NORTH 05 DEGREES AND 55 MINUTES EAST, 150.00 FEET,
MORE OR LESS, TO A POINT WHICH IS BEARING NORTH 89 DEGREES AND 32
MINUTES EAST FROM THE POINT OF BEGINNING; THENCE BEAR SOUTH 89
6
Exhibit 1
3082
Doan x8lse�x
Skq 2499 Pq# 361
DEGREES AND 32 MINUTES WEST, 1120.00 FEET, MORE OR LESS, BACK TO THE
POINT OF BEGINNING.
ALSO DESCRIBED AND INSURED AS:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST, 484.79 FEET;
THENCE BEAR SOUTH 05 DEGREES 39 MINUTES 55 SECONDS WEST, 938.76 FEET;
THENCE BEAR SOUTH 018 DEGREES 09 MINUTES 05 SECONDS EAST, 249.71 FEET;
THENCE SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST, 131.51 FEET;THENCE
BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST, 82.95 FEET TO THE
POINT OF BEGINNING} OF THE TRACT OF LAND AND SUBMERGED LANDS
HEREINAFTER DESCRIBED; THENCE CONTINUE BEARING SOUTH 01 DEGREES 56
MINUTES 55 SECONDS WEST, 179.31 FEET; THENCE BEAR: SOUTH 84 DEGREES 2'6
MINUTES 05 SECONDS EAST, 131.81 FEET TO THE OUTSIDE FACE OF AN EXISTING
CONCRETE SEAWALL; THENCE BEAR NORTH 88 DEGREES 48 MINUTES 55 SECONDS
EAST OUT INTO A SLIP, 977.77 FEET TO A POINT;THENCE BEAR NORTH 05 DEGREES
37 MINUTES 29 SECONDS EAST, 184.10 FEET TO A POINT WHICH IS BEARING NORTH
89 DEGREES 24 MINUTES 55 SECONDS EAST FROM THE POINT OF BEGINNING;
THENCE BEAR SOUTH 89 DEGREES 24 MINUTES 55 SECONDS WEST, 1120.76 FEET
BACK TO THE POINT OF BEGINNING.
PARCEL G:
A PARCEL OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-'WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED-IN PLAT BOOK 1, PAGE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 84' 02' 07" E ALONG
THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 484.98 FEET; THENCE S 05' 57'
53"W FOR A DISTANCE OF 938.76 FEET;THENCE S 08° 09' 05" E FOR A DISTANCE OF
109.75 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 08' 09' 06' E, A
DISTANCE OF 139.96 FEET; THENCE S 14° 38' 05" E, A DISTANCE OF 32,68 FEET;
THENCE S 850 13' 05" E, A DISTANCE OF 157.63 FEET; THENCE N 89' 24' 55" E, A
DISTANCE OF 49.99 FEET; THENCE N 05° 12' 11" E, A DISTANCE OF 161.18 FEET;
THENCE N 840 02' 55" W', A DISTANCE OF 252.15 FEET TO THE POINT OF
BEGINNING,
PARCEL H:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED 1N PLAT BOOK 1, PAGE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH 84° 02' 07" EAST
ALONG THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 484.79 FEET; THENCE
SOUTH 050 39' 55" WEST FOR A DISTANCE 938.76 FEET; THENCE SOUTH 08° 09' 05"
EAST FOR A DISTANCE OF 42.15 FEET TO THE EASTERLY LINE OF A 30 FOOT
EASEMENT AND THE EASTERLY RIGHT-OF-WAY LINE OF SHRIMP ROAD AS
7
Exhibit
3083
Doc" 1818018
Bk# 2499 Pon 362
RECORDED IN Q.R. BOOK 2030, PAGE 949 (PARCEL A TRACT 1), OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE
LEAVING SAID LINE SOUTH 08'09"05" EAST, A DISTANCE OF 207.56 FEET; THENCE
SOUTH 14'38'05" EAST, A DISTANCE OF 131.51 FEET; THENCE SOUTH 01' 56' 55"
WEST, A DISTANCE OF 575.72 FEET; THENCE SOUTH 05' 54' 55" WEST, A DISTANCE
OF 186.69 FEET; THENCE SOUTH 84' 05' 05" EAST, A DISTANCE OF 175.00 FEET;
THENCE NORTH 34" 32' 55" EAST, A DISTANCE OF 116.44 FEET; THENCE NORTH 89'
27' 55" EAST, A DISTANCE OF 915.36 FEET; THENCE SOUTH 01' 07' 35" WEST, A
DISTANCE OF$84.62 FEET; THENCE NORTH 84' 02' 07" WEST, A DISTANCE OF 30,84
FEET TO A MEAN HIGH WATER LINE; THENCE ALONG SAID MEAN HIGH WATER LINE
THE FOLLOWING TWENTY SEVEN (27) COURSES: 1. NORTH 08' 33' 02" EAST, A
DISTANCE OF 25.26 FEET; 2. NORTH 01'03' 10"WEST, A DISTANCE OF 36.70 FEET; 3.
NORTH 16'11'45" WEST, A DISTANCE OF 18.64 FEET; 4. NORTH 01'20'32" WEST, A
DISTANCE OF 27,71 FEET; 5. NORTH 05'48'23" EAST, A DISTANCE OF 27.11 FEET; 6.
NORTH 07'24'12'* WEST, A DISTANCE OF 86.16 FEET; 7. NORTH 11' 54'19" EAST, A
DISTANCE OF 34,64 FEET; 8. NORTH 09022'05" WEST, A DISTANCE OF 27.51 FEET; 9.
NORTH 57' 40'41" WEST, A DISTANCE OF 4.94 FEET; 10. NORTH 84' 56' 08" WEST', A
DISTANCE OF 14.50 FEET;.. 1I. NORTH 61'03'44" WEST, A DISTANCE OF 14.78 FEET;
12. SOUTH 85'47'17" WEST, A DISTANCE OF 117.62 FEET; 13. SOUTH 83'15'58"
WEST, A DISTANCE OF 26.59 FEET; 14. NORTH 85" 01' 19" WEST, A DISTANCE OF
21.47 FEET; 15. SOUTH 80'37'1.7" WEST, A DISTANCE OF 8.06 FEET; 16. NORTH
75'44'52" WEST, A DISTANCE OF 1.1.67 FEET; 17, SOUTH 86' 09' 28" WEST, A
DISTANCE OF 82.77 FEET'; 18, SOUTH 89' 59' 29" WEST, A DISTANCE OF 40.54 FEET;
19. NORTH 64026'30"WEST, A DISTANCE OF 6.15 FEET; 20. SOUTH 88'41'05"WEST, A
DISTANCE OF 60.16 FEET; 21. SOUTH 79'29'50" WEST, A DISTANCE OF 36.47 FEET;
22, NORTH 88007'58" WEST, A DISTANCE OF 57.82 FEET; 23, NORTH 86' 26' 25"
WEST, A DISTANCE OF 91.35 FEET; 24. SOUTH 88' 24' 02" WEST, A DISTANCE OF
97,85 FEET; 25. SOUTH 81939'19" WEST, A DISTANCE OF 76,27 FEET; 26. SOUTH'
86'43'16" WEST, A DISTANCE OF 75.93 FEET; 27. SOUTH 81' 33' 16" WEST, A
DISTANCE OF 23.73 FEET; THENCE LEAVING SAID LINE SOUTH 07°52'54" WEST, A
DISTANCE OF 138.68 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SHRIMP
ROAD PER QUIT CLAIM DEED RECORDED IN O.R. BOOK 2030, PAGE 949, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, THENCE ALONG THE NORTHERLY
AND EASTERLY RIGHT-OF-WAY LINE OF SAID SHRIMP ROAD THE FOLLOWING THREE
(3) COURSES AND DISTANCES: 1. NORTH 84' 02' 07" WEST, A DISTANCE OF 288.11
FEET TO A POINT OF CURVATURE; 2. NORTHWESTERLY ALONG THE ARC OF A
CURVE TO THE RIGHT, HAVING A RADIUS OF 75,00 FEET, AN ARC LENGTH OF 115,28
FEET, A CENTRAL ANGLE OF 88' 03' 57% AND A CHORD BEARING AND DISTANCE OF
NORTH 40600*08" WEST, 104.26 FEET; 3. NORTH 04"01'50" EAST, A DISTANCE OF
555.62 FEET TO THE NORTHERN TERMINUS OF PARCEL A TRACT 2 OF SAID QUIT
CLAIM ON THE WEST LINE OF TRUSTEES DEED NO.20083 O.R,BOOK G-65, PAGE 82;
THENCE NORTH 05'57'53" EAST, ALONG SAID LINE A DISTANCE OF 606.85 FEET TO
THE POINT OF BEGINNING.
AND ALSO: BAY BOTTOM
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S. 84'02'07" E. ALONG
THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 499.98 FEET; THENCE S.
05'57'53" W. FOR A DISTANCE OF 2242.25 FEET; THENCE S.84002'07"E., A DISTANCE
OF 1310.00 FEET,TO THE POINT'OF BEGINNING,THENCE CONTINUE S.84102'07"E., A
DISTANCE OF 363.01 FEET TO THE CENTERLINE OF THE ENTRANCE OF THE
8
Exhibit
3084
0004 1819016
BkN 2499 PgN 363
HARBOR; THENCE ri.08*15'27"W., A DISTANCE OF 959.38 FEET; THENCE S. 81*44'33"
W., A DISTANCE OF 132.23 FEET; THENCE N. 05*47'25" W., A DISTANCE OF 658.21
FEET; THENCE N. 83*54'54" W., A DISTANCE OF 255.03 FEET TO THE WESTERLY
PART OF THE BAY BOTTOM LINE; THENCE MEANDER THE SAID BAY BOTTOM LINE
SOUTHERLY FOR A CHORD OF S.14"34',07' E., A DISTANCE OF 284.16 FEET; THENCE
N. 85*29'39' W., A DISTANCE OF 310.00 FEET; THENCE S. 061101'16' W., A DISTANCE
OF 10.00 FEET; THENCE N. 85029'39" W., A DISTANCE OF 450.16 FEET; THENCE S.
06"23'31" W., A DISTANCE OF 49.85 FEET; THENCE S. 84"02'55" E., A DISTANCE OF
9.27 FEET; THENCE S. 05'12'11" W., A DISTANCE OF 161,18 FEET; THENCE N.
88"24'55" E., A DISTANCE OF 950.61 FEET; THENCE S. 05*37'29" W., A DISTANCE OF
537,46 FEET; THENCE N. 89*27"55" E., A DISTANCE OF 11.44 FEET; THENCE S.
06002'03" &, A DISTANCE OF 230.00 FEET; THENCE S,01*07'35" W., A DISTANCE OF
384.62 FEET TO THE POINT OF BEGINNING.
PARCEL 1. Intentionally Omitted (Leasehold/Option terminated effective 713112010)
PARCEL.I:
A PARCEL OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF FIFTH
STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF THE PLAT
OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 84* 02' 07* e ALONG THE SAID
SOUTHERLY LINE OF FIFTH AVENUE FOR 499.98 FEET; THENCE S 05* 57'53*W FOR
A DISTANCE OF 913,46 FEET TO THE POINT OF BEGINNING; THENCE S 84* 02'07" E,
FOR A DISTANCE OF 191.55 FEET; THENCE S 05* 56' 58" W, A DISTANCE OF 43,56
FEET; THENCE S 860 29'40' E, A DISTANCE OF 68.50 FEET; THENCE S 06' 23'3 1'W,
A DISTANCE OF 89.85 FEET; THENCE N 84' 02' 55" W, A DISTANCE OF 242.88 FEET;
THENCE N 08* 09' 05' W, A DISTENCE OF 67.60 FEET; THENCE N 051 57' 53" E, A
DISTANCE OF 66.17 FEET TO THE POINT OF BEGINNING.
AS TO ALL PARCELS:
TOGETHER WITH THOSE BENEFICIAL EASEMENTS RECORDED IN OFFICIAL
RECORDS BOOK 780, PAGE 1169, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PARCEL OF LAND ON STOCK ISLAND, MONROE COUNTY, FLORIDA, AND BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF 13LOCK 57 OF MCDONALD'S PLAT OF A
PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK I AT PAGE 55 OF PUBLIC
RECORDS, OF MONROE COUNTY, FLORIDA AND RUN THENCE SOUTH 83 DEGREES,
56 MINUTES EAST ALONG THE NORTH BOUNDARY LINE OF SAID BLOCK 57 FOR A
DISTANCE OF 470 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND
BEING DESCRIBED HEREIN; THENCE RUN SOUTH 6 DEGREES 04 MINUTES WEST
FOR A DISTANCE OF 1283.02 FEET; THENCE RUN SOUTH 41 DEGREES 58 MINUTES
EAST FOR A DISTANCE OF 40.35 FEET TO THE SOUTHEAST CORNER OF TRUSTEES
OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO.
24078 AND THE WEST BOUNDARY LINE OF TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND OF THE, STATE OF FLORIDA DEED NO. 20083; THENCE RUN
SOUTH 6 DEGREES 04 MINUTES WEST ALONG THE WEST BOUNDARY LINE OF SAID
TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO. 20083 FOR A DISTANCE OF 932.25 FEET TO THE SOUTHWEST CORNER OF
9
Exhibit 1
3085
Docn 1829016
Bk# 2499 PgA 364
SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO. 20083; THENCE RUN SOUTH 83 DEGREES 56 MINUTES EAST ALONG THE
SOUTH BOUNDARY LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND
OF THE STATE OF FLORIDA DEED NO. 20083, THE SOUTH BOUNDARY LINE OF
TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO, 19837-A AND THE NORTH BOUNDARY LINE OF TRUSTEES OF THE
INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 20793 FOR A
DISTANCE OF 1116.72 FEET; THENCE RUN NORTH 6 DEGREES 04 MINUTES EAST
FOR A DISTANCE OF 30 FEET;THENCE RUN NORTH 83 DEGREES 56 MINUTES WEST
FOR A DISTANCE OF 1086.72 FEET; THENCE RUN NORTH 6 DEGREES 04 MINUTES
EAST FOR A DISTANCE OF 915.62 FEET; THENCE RUN NORTH 41 DEGREES 58
.MINUTES WEST FOR A DISTANCE OF 40.35 FEET TO THE WEST BOUNDARY LINE OF
SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO. 20083 AND THE EAST BOUNDARY LINE OF SAID TRUSTEES OF THE
INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 24078;
THENCE RUN NORTH 6 DEGREES 04 MINUTES EAST ALONG THE WEST BOUNDARY
LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF
FLORIDA DEED NO. 20083 AND THE EAST BOUNDARY LINE OF SAID TRUSTEES OF
THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO, 24078,
EXTENDED NORTHERLY, FOR A DISTANCE OF 1269.65 FEET TO THE NORTH
BOUNDARY LINE OF SAID BLOCK 57;THENCE RUN NORTH 83 DEGREES 56 MINUTES
WEST ALONG THE NORTH BOUNDARY LINE OF THE SAID BLOCK 57 FOR A DISTANCE
OF 30 FEET BACK TO THE POINT OF BEGINNING.
SAID EASEMENT ALSO DESCRIBED AND INSURED AS:
A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST,
MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE NORTHWEST CORNER OF BLOCK 57 OF MCDONALD'S PLAT OF A
PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK I, PAGE 55 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA;THENCE ALONG THE SOUTHERLY RIGHT-
OF-WAY LINE OF FIFTH AVENUE SOUTH 84°02'07" EAST, A DISTANCE OF 469.98
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 84°02'07" EAST, A
DISTANCE OF 30.00 FEET TO THE WEST LINE OF TRUSTEE'S DEED NO, 20083 AS
RECORDED IN O.R. BOOK G-65, PAGE 82; THENCE ALONG SAID LINE SOUTH
05"57'53" WEST, A DISTANCE OF 1,268.45 FEET; THENCE LEAVING SAID LINE SOUTH
42°04'07" EAST, A DISTANCE OF 40.35 FEET; THENCE SOUTH 05"57'53" WEST, A
DISTANCE OF 916,82 FEET; THENCE SOUTH 84°02'07" EAST, A DISTANCE OF
1,086,72 FEET; THENCE SOUTH OS-57'53" WEST, A DISTANCE OF 30.00 FEET TO THE
SOUTH LINE OF TRUSTEE'S DEED NO. 20083 AS RECORDED IN OR BOOK 0-65, PAGE
82; THENCE ALONG SAID LINE NORTH 84002'07" WEST, A DISTANCE OF 1,116.72
FEET TO THE WEST LINE OF TRUSTEE'S DEED NO. 20083 AS RECORDED IN O.R.
BOOK G-65, PAGE 82; THENCE ALONG Sold LINE NORTH 05°57'53" EAST, A DISTANCE
OF 933.45 FEET; THENCE LEAVING Sold LINE NORTH 42°04'07" WEST, A DISTANCE
OF 40.35 FEET; THENCE NORTH 05°5T53" EAST, A DISTANCE OF 1,281.82 FEET TO
THE POINT OF BEGINNING.
MONROETY
OFFICIAL PUBLIC RECORO
10
Exhibit
3086
LEGAL DESCRIPTION
Doan 1810016
F)UMrT A 8kU 2499 Pit 337
PARCEL A:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE FLAT OF STOCK ISLAND, AS
RECORDED IN FLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST;
484.79 FEET; THENCE BEAR SOUTH fly DEGREES 39 MINUTES 55 SECONDS WEST,
938.76 FEET; THENCE BEAR SOUTH 08 DEGREES 09 MINUTES 05 SECONDS EAST
249.71 FEET; THENCE BEAR SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST,
131.51 FEET; THENCE BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST,
456.55 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND AND
SUBMERGED LANDS HEREIN AFTER DESCRIBED; FROM SAID POINT OF BEGINNING
CONTINUE BEARING SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST,
119.17FEET; THENCE BEAR SOUTH 05 DEGREES 54 MINUTES 55 SECONDS WEST,
186.69 FEET; THENCE BEAR SOUTH 84 DEGREES 05 MINUTES 05 SECONDS EAST,
175.00 FEET TO A POINT; THENCE BEAR NORTH 34 DEGREES 32 MINUTES 55
SECONDS EAST, 116,44 FEET TO A POINT; THENCE BEAR NORTH 89 DEGREES 27
MINUTES 55 SECONDS EAST, 915.36 FEET TO A POINT; THENCE BEAR NORTH 06
DEGREES 02 MINUTES 03 SECONDS WEST, 230.00 FEET, TO A POINT WHICH IS
BEARING NORTH 89 DEGREES 27 MINUTES 55 SECONDS EAST FROM THE
AFOREMENTIONED POINT OF BEGINNING; THENCE BEAR SOUTH 89 DEGREES 27
MINUTES 55 SECONDS WEST FOR A DISTANCE OF 1.108.00 FEET BACK TO THE
POINT OF BEGINNING.
PARCEL B:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH
STREET AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK
ISLAND, AS RECORDED IN PLAT BOOK. 1„ PAGE 55, OF THE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA, BEAR SOUTH 83 DEGREES, 56 MINUTES EAST, 485.00
FEET; THENCE DEAR SOUTH 05 DEGREES, 47 MINUTES WEST, 938.88 FEET;
THENCE BEAR SOUTH 08 DEGREES, 02 MINUTES EAST, 249,71 FEET; THENCE BEAR
SOUTH 14 DEGREES, 31 MINUTES EAST, 131.51 FEET; THENCE BEAR SOUTH 02
DEGREES, 04 MINUTES WEST, 262,26 FEET TO THE POINT OF BEGINNING OF THE
TRACT OF LAND AND SUBMERGED LAND HEREINAFTER DESCRIBED; THENCE
SOUTH 84 DEGREES 19 MINUTES EAST, 140 FEET MORE OR LESS TO THE OUTSIDE
FACE OF AN EXISTING CONCRETE SEAWALL;THENCE BEAR NORTH 88 DEGREES, 56
MINUTES EAST, 970 FEET, MORE OR LESS, OUT INTO AN EXISTING SLIP; THENCE
BEAR SOUTH 05 DEGREES, 55 MINUTES WEST, 180 FEET, MORE OR LESS, TO THE
CENTER LINE OF AN EXISTING SPIT OF LAND; THENCE BEAR SOUTH 89 DEGREES,
32 MINUTES WEST, ALONG SAID CENTER LINE OF SAID SPIT OF LAND 1108 FEET,
MORE OR LESS, TO A POINT WHICH IS BEARING SOUTH 02 DEGREES, 04 MINUTES
WEST FROM THE POINT OF BEGINNINGS; THENCE BEAR NORTH 02 DEGREES, 04
MINUTES EAST, 194.29 FEET BACK TO THE POINT OF BEGINNING,
ALSO DESCRIBED AND INSURED AS:
Exhibit 2
3087
LEGAL DESCRIPTION
coca 18119016
9kiS 24" P90 336
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, BEAR. SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST
484.79 FEET; THENCE BEAR SOUTH 05 DEGREES 39 MINUTES 55 SECONDS WEST,
938,76 FEET; THENCE BEAR SOUTH 08 DEGREES 09 MINUTES 05 SECONDS EAST
249,71 FEET; THENCE BEAR SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST
131.51 FEET; THENCE BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST
262.26 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND AND
SUBMERGED LAND HEREINAFTER DESCRIBED; THENCE SOUTH 84 DEGREES 26
MINUTES 05 SECONDS EAST, 131.81 FEET TO THE OUTSIDE FACE OF AN EXISTING
CONCRETE SEAWALL;THENCE BEAR NORTH 88 DEGREES 48 MINUTES 55 SECONDS
EAST 977.77 FEET OUT INTO AN EXISTING SLIP; THENCE BEAR SOUTH 05 DEGREES
37 MINUTES 29 SECONDS WEST, 192,30 FEET TO THE CENTERLINE OF AN EXISTING
SPIT OF LAND; THENCE BEAR SOUTH 89 DEGREES 27 MINUTES 55 SECONDS WEST,
ALONG SAID CENTERLINE OF SAID SPIT OF LAND 1096.56 FEET TO A POINT WHICH
IS BEARING SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST FROM THE POINT
OF BEGINNING; THENCE BEAR NORTH 01 DEGREES 56 MINUTES 55 SECONDS EAST,
194.29 FEET BACK TO POINT OF BEGINNING.
PARCEL C:
A TRACT OF LAND AND SUBMERGED LAND AT STOCK ISLAND, MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND AS
RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, BEAR SOUTH 84" 02' 07" EAST, 484.79 FEET; THENCE BEAR
SOUTH 05° 39' 55" WEST, 938.76 FEET; THENCE BEAR SOUTH 08" 09' 05" EAST,
249.71 FEET; THENCE BEAR SOUTH 140 38' 05" EAST, 36.68 FEET TO THE POINT OF
BEGINNING OF THE TRACT OF LAND AND SUBMERGED LANDS HEREINAFTER
DESCRIBED; THENCE CONTINUE BEARING SOUTH 14° 38' 05" EAST, 94.83 FEET;
THENCE BEAR SOUTH 01" 56' 55" WEST, 82.95 FEET; THENCE BEAR NORTH 89" 24'
55" EAST, 1120.76 FEET, OUT ONTO A SPIT OF LAND TO THE SHORELINE; THENCE
BEAR NORTH 05°37'24" EAST, 161.06 FEET TO A POINT; THENCE BEAR SOUTH 89"
24' 55" WEST', 1000.60 FEET TO A POINT ON A CONCRETE SEAWALL, SAID POINT
BEARING SOUTH 85" 13' 05" EAST" FROM THE POINT OF BEGINNING; THENCE BEAR
NORTH 85" 13' 05" WEST, 157.63 FEET TO THE POINT OF BEGINNING.
PARCEL E:
A PARCEL OF FILLED LAND AND ADJACENT BAY BOTTOM LYING SOUTHERLY OF
BLOCK 57, MALONEY'S SUBDIVISION OF A PART OF STOCK ISLAND, MONROE
COUNTY, FLORIDA AS RECORDED IN PLAT BOOK I AT PAGE 55 OF MONROE COUNTY
PUBLIC RECORDS AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM THE INTERSECTION OF THE EASTERLY LINE OF 5TH STREET (AS
CONSTRUCTED) AND THE SOUTHERLY LINE OF 5TH AVENUE (AS CONSTRUCTED) GO
EASTERLY ALONG THE SOUTHERLY LINE OF 5TH AVENUE A DISTANCE OF 500 FEET
TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A DISTANCE OF 730 FEET
TO A POINT; THENCE EASTERLY AND AT RIGHT ANGLES A DISTANCE OF 191.5 FEET
4
Exhibit 2
3088
LEGAL DESCRIPTION
uou 1819016
9kO 2499 P9# 359
TO A POINT WHICH IS THE POINT OF BEGINNING; THENCE CONTINUE EASTERLY
ADDNG THE PROLONGATION OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE
OF 393.5 FEET TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A
DISTANCE OF 226.08 FEET TO A POINT; THENCE EASTERLY AND AT RIGHT ANGLES A
DISTANCE OF 125 FEET TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A
DISTANCE OF 20 FEET TO A POINT IN AN EXISTING SEAWALL; THENCE WESTERLY
AND PARALLEL WITH THE SOUTHERLY FACE OF SAID SEAWALL A DISTANCE OF
450.1 FEET TO A POINT; THENCE NORTHERLY AND AT RIGHT ANGLES TO A
SOUTHERLY LINE OF FIFTH AVENUE A DISTANCE OF' 30 FEET TO A POINT; THENCE
WESTERLY AND AT RIGHT ANGLES A DISTANCE OF 68.5 FEET T01 A POINT; THENCE
NORTHERLY AND AT RIGHT ANGLES A DISTANCE OF 227.2 FEET BACK TO THE POINT
OF BEGINNING.
ALSO
A PARCEL OF BAY BOTTOM SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY
LINE OF THE ABOVE DESCRIBED PARCEL, SAID BAY BOTTOM BEING 10 FEET WIDE.
ALSO DESCRIBED AND INSURED AS:
A PARCEL OF FILLED LAND AND ADJACENT BAY BOTTOM LYING SOUTHERLY OF
BLOCK 57, MALONEY'S SUBDIVISION OF A PART OF STOCK ISLAND, MONROE
COUNTY, FLORIDA AS RECORDED IN PLAT BOOK 1 AT PAGE 55 OF MONROE COUNTY
PUBLIC RECORDS AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 84' 02' 07" E, ALONG
SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE 499.98 FEET TO THE EASTERLY LINE
OF AN EASEMENT AGREEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 780,
PAGE 1169 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,THENCE S 059
57' 53" W, ALONG :SAID EASTERLY LINE, A DISTANCE 729.82 FEET TO THE
SOUTHERLY LINE OF AN INGRESS/EGRESS EASEMENT AS RECORDED IN OFFICIAL
RECORDS BOOK 1239, PAGE 464 OF THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA, THENCE S 84° 02' 07" E, ALONG SAID SOUTHERLY LINE, A DISTANCE
191.50 FEET TO THE POINT OF BEGINNING;; THENCE CONTINUE ALONG SAID
SOUTHERLY LINE S 84"02'07" E, A DISTANCE OF 393.51; THENCE S 06" 00' 38" W, A
DISTANCE OF 227.17 FEET; THENCE S 85' 29' 39" E, A DISTANCE OF 125.00 FEET;
THENCE S 06' 01' 16" W, A DISTANCE OF 20.01 FEET TO THE SOUTHERLY FACE OF A
CONCRETE SEAWALL; THENCE N 85" 29' 39" W, ALONG SAID SOUTHERLY LINE, A
DISTANCE OF 450.10 FEET; THENCE N 06" 23' 31" E, A DISTANCE OF 30.00 FEET;
THENCE N 85' 29' 39" W, A DISTANCE 68,50 FEET; 'THENCE N 05" 56' 58" E, A
DISTANCE OF 227,20 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
A PARCEL OF SAY BOTTOM SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY
LINE OF THE ABOVE DESCRIBED PARCEL, SAID BAY BOTTOM BEING 10 FEET WIDE.
TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER AND UPON THE
FOLLOWING DESCRIBED PROPERTY, RECORDED IN OFFICIAL RECORDS BOOK 1239,
PAGE 464, AND ALSO IN OFFICIAL RECORDS BOOK 2287, PAGE 719, PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA, SITUATED, LYING AND BEING IN THE
COUNTY OF MONROE, STATE OF FLORIDA, TO WIT; A PARCEL OF LAND LYING
SOUTHERLY OF BLOCK 57, MALONEY'S SUBDIVISION OF PART OF STOCK ISLAND,
MONROE COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 1, AT PAGE 55, MONROE
Exhibit 2
3089
LEGAL DESCRIPTION
8kq 2409 Pail 380
COUNTY OFFICIAL RECORDS, AND IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
FROM THE INTERSECTION OF THE EAST LINE OF 5TH STREET (AS CONSTRUCTED)
AND THE SOUTHERLY LINE OF 5TH AVENUE (AS CONSTRUCTED) GO WESTERLY
ALONG THE SOUTHERLY LINE OF 5TH AVENUE A DISTANCE OF 499 FEET TO A
POINT, WHICH POINT IS THE POINT OF BEGINNING; THENCE SOUTHERLY AND AT
RIGHT ANGLES A DISTANCE OF 701 FEET TO A POINT; THENCE EASTERLY AND AT
RIGHT ANGLES A DISTANCE OF 586 FEET TO A POINT; THENCE SOUTHERLY AND AT
RIGHT ANGLES A DISTANCE OF 29 FEET TO A POINT; THENCE WESTERLY AND AT
RIGHT ANGLES A DISTANCE OF 615 FEET TO A POINT; THENCE NORTHERLY AND AT
RIGHT ANGLES A DISTANCE OF 730 FEET TO A POINT IN THE SOUTHERLY LINE OF
5TH AVENUE; THENCE EASTERLY AND AT RIGHT ANGLES AND ALONG THE
SOUTHERLY LINE OF 5TH AVENUE A DISTANCE OF 29 FEET BACK TO THE POINT OF
BEGINNING.
SAID EASEMENT ALSO DESCRIBED AND INSURED AS:
A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST,
MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF BLOCK 57 OF MCDONALD'S PLAT OF A
PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY RIGHT-
OF-WAY LINE OF FIFTH AVENUE SOUTH 84002'07" EAST, A DISTANCE OF 499.98
FEET TO THE WEST LINE OF TRUSTEE'S DEER N0.20083 AS RECORDED IN O.R.
BOOK G-65, PAGE 82; THENCE LEAVING SAID LINE SOUTH 05' 57' 53" WEST, ALONG
SAID LINE A DISTANCE OF 699.82 FEET TO THE POINT OF BEGINNING; THENCE
SOUTH 84° 02' 07" EAST, PARALLEL WITH THE SOUTHERLY LINE OF SAID FIFTH
AVENUE A DISTANCE OF' 740.00 FEET; THENCE SOUTH 05° 57' 53" WEST, A
DISTANCE OF 40.00 FEET; THENCE NORTH 94' 02' 07" WEST, A DISTANCE OF 155,00
FEET; THENCE NORTH 05° 57' 53" EAST, A DISTANCE OF 10.00 FEET; THENCE
NORTH 84° 02' 07" WEST, A DISTANCE OF 585.00 FEET TO THE WEST LINE OF SAID
TRUSTEE'S DEED; THENCE NORTH 05" 57' 53" EAST, ALONG SAID LINE A DISTANCE
OF 30,00 FEET TO THE POINT OF BEGINNING.
PARCEL F:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, BEAR SOUTH 83 DEGREES AND 56 MINUTES EAST, 485.00 FEET; THENCE
BEAR SOUTH 05 DEGREES AND 47 MINUTES WEST, 938.88 FEET; THENCE BEAR
SOUTH 08 DEGREES AND 02 MINUTES EAST, 249.71 FEET; THENCE BEAR SOUTH 14
DEGREES AND 31 MINUTES EAST, 131.51 FEET; THENCE BEAR SOUTH 02 DEGREES
AND 04 MINUTES WEST, 82.95 FEET TO THE POINT OF BEGINNING OF THE TRACT OF
LAND AND SUBMERGED LANDS HEREINAFTER DESCRIBED; THENCE CONTINUE
BEARING SOUTH 02 DEGREES AND 04 MINUTES WEST, 179.31 FEET; THENCE BEAR
SOUTH 84 DEGREES AND 19 MINUTES EAST, 140.00 FEET, MORE OR LESS, TO THE
OUTSIDE FACE OF AN EXISTING CONCRETE SEAWALL; THENCE ,BEAR NORTH 88
DEGREES AND 56 MINUTES EAST OUT INTO A SLIP 970 FEET, MORE OR LESS, TO A
POINT; THENCE BEAR NORTH 05 DEGREES AND 55 MINUTES EAST, 150.00 FEET,
MORE OR LESS, TO A POINT WHICH IS BEADING NORTH 89' DEGREES AND 32
MINUTES EAST FROM THE POINT OF BEGINNING; THENCE BEAR SOUTH 89
6
Exhibit 2 3090
LEGAL DESCRIPTION
DocN ISIM16
Bko 2499 PNN 361
DEGREES AND 32 MINUTES WEST, 1120.00 FEET, MORE OR LESS, BACK TO THE
POINT OF BEGINNING.
ALSO DESCRIBED AND INSURED AS:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING} MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST, 484.79 FEET;
THENCE BEAR SOUTH 05 DEGREES 39 MINUTES 55 SECONDS WEST, 938.76 FEET;
THENCE BEAR SOUTH 08 DEGREES 09 MINUTES 05 SECONDS EAST, 249.71 FEET;
THENCE SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST, 131.51 FEET; THENCE
BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST, 82.95 FEET TO THE
POINT OF BEGINNING OF THE TRACT OF LAND AND SUBMERGED LANDS
HEREINAFTER DESCRIBED;.... THENCE CONTINUE BEARING SOUTH 01 DEGREES 56
MINUTES 55 SECONDS WEST, 179.31 FEET; THENCE BEAR SOUTH 84 DEGREES 26
MINUTES 05 SECONDS EAST, 131.81 FEET TO THE OUTSIDE FACE OF AN EXISTING
CONCRETE SEAWALL; THENCE BEAR NORTH 88 DEGREES 48 MINUTES 55 SECONDS
EAST OUT INTO A SLIP,977.77 FEET TO A POINT;THENCE BEAR NORTH Cis DEGREES
37 MINUTES 29 SECONDS EAST, 184.10 FEET TO A POINT WHICH IS BEARING NORTH
89 DEGREES 24 MINUTES 55 SECONDS EAST FROM THE POINT OF BEGINNING;
THENCE BEAR SOUTH 89 DEGREES 24 MINUTES 55 SECONDS WEST, 1120.76 FEET
BACK TO THE POINT OF BEGINNING.
PARCEL G:
A PARCEL OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED-IN PLAT BOOK 1, FACE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 84° 02' 07" E ALONG
THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 484.98 FEET; THENCE S 05° 57'
53"W FOR A DISTANCE OF 938.76 FEET;THENCE S 080 09" 05" E FOR A DISTANCE OF
109.75 FEET TO THE POINT OF BEGINNING; T14ENCE CONTINUE S 08° 09' 05' E, A
DISTANCE OF 139,96 FEET; THENCE S 14° 38' 05''' E, A DISTANCE OF 32.68 FEET;
THENCE S 850 13' 05" E, A DISTANCE OF 157.63 FEET; THENCE N 89" 24' 55" E, A
DISTANCE OF 49.99, FEET; THENCE N 050 12' 11" E, A DISTANCE OF 161.18 FEET;
THENCE N 849 02' 55" W, A DISTANCE OF 2S2,15 FEET TO THE POINT OF
BEGINNING.
PARCEL H:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55„ OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH 844 02' 07"' EAST
ALONG THE SAID SOUTHERLY LIME OF FIFTH AVENUE FOR 484.79 FEET; THENCE
SOUTH 050 39' $5" WEST FOR A DISTANCE 938.76 FEET; THENCE SOUTH 08° 09' 05"
EAST FOR A DISTANCE OF 42.15 FEET TO THE EASTERLY LINE OF A 30 FOOT
EASEMENT AND THE EASTERLY RIGHT-OF-WAY LINE OF SHRIMP ROAD AS
7
Exhibit 2
3091
LEGAL DESCRIPTION
0000 18190i8
BkN 2499 NO 362
RECORDED IN O.R. BOOK 2030, PAGE 949 (PARCEL A TRACT 1), OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE
LEAVING SAID LINE SOUTH 08'09'05" EAST, A DISTANCE OF 207.56 FEET; THENCE
SOUTH 14638'05" EAST, A DISTANCE OF 131.51 FEET; THENCE SOUTH 01° 56` 55"
WEST, A DISTANCE OF 575.72 FEET; THENCE SOUTH 05' 54' 55" WEST, A DISTANCE
OF 186.69 FEET; THENCE SOUTH 84' 05' 05" EAST, A DISTANCE OF 175.00 FEET;
THENCE NORTH 340 32' 55" EAST, A DISTANCE OF 116.44 FEET; THENCE NORTH 89'
27' 55" EAST, A DISTANCE OF 915.36 FEET; THENCE SOUTH 01' 07' 35" WEST, A
DISTANCE OF 384.62 FEET;THENCE NORTH 840 02' 07" WEST, A DISTANCE OF 30.84
FEET TO A MEAN HIGH WATER LINE; THENCE ALONG SAID MEAN HIGH WATER LINE
THE FOLLOWING TWENTY SEVEN (27) COURSES: 1. NORTH 08' 33' 02" EAST, A
DISTANCE OF 25.26 FEET; 2. NORTH 01*03' 10" WEST, A DISTANCE OF 36.70 FEET; 3.
NORTH 16411'45" WEST, A DISTANCE OF 18.64 FEET; 4. NORTH 01'20'32" WEST, A
DISTANCE OF 27.71 FEET; S. NORTH 05'4823" EAST, A DISTANCE OF 27.11 FEET; 6.
NORTH 07°2412" WEST, A [DISTANCE OF 86.16 FEET, 7. NORTH 11' 54-19" EAST, A
DISTANCE OF 34.64 FEET; 8. NORTH 09022'05" WEST, A DISTANCE OF 27.51 FEET; 9.
NORTH 57° 4041" WEST, A DISTANCE OF 4,94 FEET; 10. NORTH 84' 56' 08" WEST, A
DISTANCE OF 14.50 FEET; 11. NORTH 61903'44" WEST, A DISTANCE OF 14.78 FEET;
12. SOUTH 85'47`17" WEST, A DISTANCE OF 117.62 FEET; 13. SOUTH 83'15'58"
WEST, A DISTANCE OF 26.59 FEET; 14. NORTH 85' 01' 19" WEST, A DISTANCE OF
21.47 FEET; 15. SOUTH 80'37'17" WEST, A DISTANCE OF 8.06 FEET; 16. NORTH
75"44'52" WEST, A DISTANCE OF 11.67 FEET; 17, SOUTH 86' 09' 28" WEST, A
DISTANCE OF 82.77 FEET; 18. SOUTH 89' 59' 29" WEST, A DISTANCE OF 40.54 FEET;
19. NORTH 64'26'30" WEST, A DISTANCE OF 6,15 FEET; 20. SOUTH 88*41'05" WEST, A
DISTANCE OF 60.16 FEET; 21, SOUTH 79129'50" WEST, A DISTANCE OF 36.47 FEET;
22. NORTH 88"07'58" WEST, A DISTANCE OF 57.82 FEET; 23. NORTH 86' 26' 25°"
WEST, A DISTANCE OF 91.35 FEET; 24. SOUTH 88" 24' 02" WEST, A DISTANCE OF
97.85 FEET; 25. SOUTH 81'39'19" WEST, A DISTANCE OF 76.27 FEET; 26. SOUTH
86°43'16" WEST, A DISTANCE OF 75.93 FEET; 27. SOUTH 81' 33' 16" WEST, A
DISTANCE OF 23.73 FEET; THENCE LEAVING, SAID LINE SOUTH 07852'54" WEST, A
DISTANCE OF 138.68 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SHRIMP
ROAD PER QUIT CLAIM DEED RECORDED IN O.R, BOOK 2030, PAGE 949, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA;THENCE ALONG THE NORTHERLY
AND EASTERLY RIGHT-OF-WAY LINE OF SAID SHRIMP ROAD THE FOLLOWING THREE
(3) COURSES AND DISTANCES: 1. NORTH 84' 02' 07" WEST, A DISTANCE OF 288.11
FEET TO A POINT OF CURVATURE; 2. NORTHWESTERLY ALONG THE ARC OF A
CURVE TO THE RIGHT, HAVING A RADIUS OF 75.00 FEET, AN ARC LENGTH OF 115.28
FEET, A CENTRAL ANGLE OF 88' 03" 57", AND A CHORD BEARING AND DISTANCE OF
NORTH 40000'08" WEST, 104.26 FEET; 3. NORTH 04901'50" EAST, A DISTANCE OF
555.62 FEET TO THE NORTHERN TERMINUS OF PARCEL A TRACT 2 OF SAID QUIT
CLAIM ON THE WEST LINE OF TRUSTEES DEED NO.20083 O.R.BOOK G-65, PAGE 82;
THENCE NORTH 05*57"53" EAST, ALONG SAID LINE A DISTANCE OF 606.85 FEET TO
THE POINT OF BEGINNING.
AND ALSO: BAY BOTTOM
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S. 84'02'07" E. ALONG
THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 499.98 FEET; THENCE S.
05'57'53" W. FOR A DISTANCE OF 2242.25 FEET; THENCE S.84002'07"E., A DISTANCE
OF 1310.00 FEET,TO THE POINT OF BEGINNING;THENCE CONTINUE 5.84'02'07"E., A
DISTANCE OF 363.01 FEET TO THE CENTERLINE OF THE ENTRANCE OF THE
8
Exhibit 2
3092
LEGAL DESCRIPTION
Doen 181901!16
Sku 24" Pqu 363
HARBOR; THENCE N.08*15'27'W., A DISTANCE OF 959.38 FEET; THENCE S. 81'44'33"
W., A DISTANCE OF 132.23 FEET; THENCE N. 05*4725" W,, A DISTANCE OF 658.21
FEET; THENCE N. 83*54'54" W., A DISTANCE OF 255,0$ FEET TO THE WESTERLY
PART OF THE BAY BOTTOM LINE; THENCE MEANDER THE SAID BAY BOTTOM LINE
SOUTHERLY FOR A CHORD OF S,14-34',07' E., A DISTANCE OF 284.16 FEET; THENCE
N. 85 0'29'39" W., A DISTANCE OF 310.00 FEET; THENCE S. 06'0 1'16" W., A DISTANCE
OF 10.00 FEET; THENCE N. 851129'39' W., A DISTANCE OF 450.16 FEET; THENCE S.
06*23"31" W., A DISTANCE OF 49.85 FEET; THENCE S. 84,,02'55" E., A DISTANCE OF
9.27 FEET; THENCE S. 05'12'11" W., A DISTANCE OF 161.18 FEET; THENCE N.
88024"55" E., A DISTANCE OF 950,61 FEET, THENCE S, 05-37-29- W., A DISTANCE OF
537,46 FEET; THENCE N. 89*27'55' F,,, A DISTANCE OF 11.44 FEET; THENCE S.
06002"03' E., A DISTANCE OF 230.00 FEET; THENCE S.01"07'35"' W., A DISTANCE OF
384.62 FEET TO THE POINT OF BEGINNING.
PARCEL 1: LntentionaUy Omitted (Leasehold/Option terminated effective 713112010)
PARCEL J:
A PARCEL OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OP-WAY OF FIFTH
STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF THE PLAT
OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; THENCE 8 84' 02' 07* e ALONG THE SAID
SOUTHERLY LINE OF FIFTH AVENUE FOR 499.98 FEET; THENCE S 05" 57' 53"W FOR
A DISTANCE OF 913.46 FEET TO THE POINT OF BEGINNING; THENCE 8 84* 02' 07' E,
FOR A DISTANCE OF 191.55 FEET; THENCE S 05* 56' 58' W, A DISTANCE OF 43.56
FEET, THENCE S 85* 29'40" E, A DISTANCE OF 68.50 FEET; THENCE S 06' 23'31" W,
A DISTANCE OF 89.85 FEET; THENCE N 84* 02' 55" W. A DISTANCE OF 242.88 FEET;
THENCE N 080 09' 05' W, A DlSTENCE OF 67.60 FEET; THENCE N 05* 57' 53" E, A
DISTANCE OF 66,17 FEET TO THE POINT OF BEGINNING.
AS TO ALL PARCELS:
TOGETHER WITH THOSE BENEFICIAL EASEMENTS RECORDED IN OFFICIAL
RECORDS BOOK 780, PACE 1169, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PARCEL OF LAND ON STOCK ISLAND, MONROE COUNTY, FLORIDA, AND BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF BLOCK 57 OF MCDONALD'S PLAT OF A
PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK I AT PAGE 55 OF PUBLIC
RECORDS, OF MONROE COUNTY, FLORIDA AND RUN THENCE SOUTH 83 DEGREES,
56 MINUTES EAST ALONG THE NORTH BOUNDARY LINE OF SAID BLOCK 57 FOR A
DISTANCE OF 470 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND
BEING DESCRIBED HEREIN; THENCE RUN SOUTH 6 DEGREES 04 MINUTES WEST
FOR A DISTANCE OF 1283.02 FEET; THENCE RUN SOUTH 41 DEGREES 58 MINUTES
EAST FOR A DISTANCE OF 40.35 FEET TO THE SOUTHEAST CORNER OF TRUSTEES
OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO,
24078 AND THE WEST BOUNDARY LINE OF TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 20083; THENCE RUN
SOUTH 6 DEGREES 04 MINUTES WEST ALONG THE WEST BOUNDARY LINE OF SAID
TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO, 20083 FOR A DISTANCE OF 932.25 FEET TO THE SOUTHWEST CORNER OF
9
Exhibit 2
3093
LEGAL DESCRIPTION
Doan 1819018
UO 2499 Post 364
SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO. 20083; THENCE RUN SOUT14 83 DEGREES 56 MINUTES EAST ALONG THE
SOUTH BOUNDARY LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND
OF THE STATE OF FLORIDA DEED NO. 20083, THE SOUTH BOUNDARY LINE OF
TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO. 19837-A AND THE NORTH BOUNDARY LINE OF TRUSTEES OF THE
INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 20793 FOR A
DISTANCE OF 1116.72 FEET; THENCE RUN NORTH 6 DEGREES 04 MINUTES EAST
FOR A DISTANCE OF 30 FEET; THENCE RUN NORTH 83 DEGREES 56 MINUTES WEST
FOR. A DISTANCE OF 1086.72 FEET; THENCE RUN NORTH 6 DEGREES 04 MINUTES
EAST FOR A DISTANCE OF 915.62 FEET, THENCE RUN NORTH 41 DEGREES 58
MINUTES WEST FOR A DISTANCE OF 40.35 FEET TO THE WEST BOUNDARY LINE OF
SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO. 20083 AND THE EAST BOUNDARY LINE OF SAID TRUSTEES OF THE
INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 24078;
THENCE RUN NORTH 6 DEGREES 04 MINUTES EAST ALONG THE WEST BOUNDARY
LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF
FLORIDA DEED NO. 20083 AND THE EAST BOUNDARY LINE OF SAID TRUSTEES OF
THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 24078,
EXTENDED NORTHERLY, FOR A DISTANCE OF 1269.65 FEET TO THE NORTH
BOUNDARY LINE OF SAID BLOCK 57;THENCE RUN NORTH 83 DEGREES 56 MINUTES
WEST ALONG THE NORTH BOUNDARY LINE OF THE SAID BLOCK 57 FOR A DISTANCE
OF 30 FEET BACK TO THE POINT OF BEGINNING.
SAID EASEMENT ALSO DESCRIBED AND INSURED AS.
A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST,
MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF BLOCK 57 OF MCDONALD'S PLAT OF A
FART OF STOCK ISLAND AS RECORDED IN PLAT BOOK I, PACE 55 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY RIGHT-
OF-WAY LINE OF FIFTH AVENUE SOUTH 84002'07" EAST, A DISTANCE OF 469.98
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 84'02'07" EAST, A
DISTANCE OF 30.00 FEET TO THE WEST LINE OF TRUSTEE'S DEED NO, 20083 AS
RECORDED IN O.R. BOOK G-65, PAGE 82; THENCE ALONG SAID LINE SOUTH
05957'53" 'WEST, A DISTANCE OF 1,268.45 FEET; THENCE LEAVING SAID LINE SOUTH
42004'07" EAST, A DISTANCE OF 40.35 FEET; THENCE SOUTH 05°57'53" WEST, A
DISTANCE OF 916.82 FEET; THENCE SOUTH 84'02'07" EAST, A DISTANCE OF
1,086.72 FEET; THENCE SOUTH 05'57'53" WEST, A DISTANCE OF 30.00 FEET TO THE
SOUTH LINE OF TRUSTEE'S DEED NO. 20083 AS RECORDED IN OR BOOK 0-65, PAGE
82; THENCE ALONG SAID LINE NORTH 84'02'07" WEST, A DISTANCE OF I j 16.72
FEET TO THE WEST LINE OF TRUSTEE'S DEED NO. 20083 AS RECORDED IN O.R.
BOOK G-65, PAGE 82; THENCE ALONG Sold LINE NORTH 05'57'53" EAST, A DISTANCE
OF 933.45 FEET; THENCE LEAVING Sold LINE NORTH 42'04'07' WEST, A DISTANCE
OF 40.35 FEET; THENCE NORTH 05'ST53" EAST, A DISTANCE OF 1,281.82 FEET TO
THE POINT OF BEGINNINGI.
MONROE COUNTY
OFFICIAL PUBLIC RECORD
10
Exhibit
3094
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3095
2
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4
5
6 ORDINANCE NO. 045-2013
7
9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
10 COMMISSIONERS AMENDING THE FUTURE LAND USE MAP (FLUM)
11 DESIGNATION FROM INDUSTRIAL (I) TO MIXED USE COMMERCIAL (MC)
12 FOR EIGHTEEN PARCELS OF LAND ON STOCK ISLAND, HAVING REAL
13 ESTATE NUMBERS 00123660-000000, 00123720-000400, 00123760-000200,
14 00123720-000100, 0012,3720-000200, 00123730-000100, 00123740-000000, 00123770-
15 000000, OOI27290-000000, 00127380-000000, 00127250-000000, 00127280-000000,
16 00123600-000100, 00123600-000102, 00123600-000101, 00123590-000000, 00123570-
17 000000, and 00123540-000000, LOCATED ON SOUTH STOCK ISLAND;
18 PROVIDING FOR SEVERABILITY, PROVIDING FOR THE REPEAL OF
19 INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
20 STATE LAND PLANNING AGENCY; PROVIDING .FOR THE FILING WITH
21 THE SECRETARY OF STATE AND FOR AN EFFECTIVE DATE, AND
22 PROVIDING FOR THE INCLUSION IN THE MONROE COUNTY 2010
23 COMPREHENSIVE PLAN.
24
25
26
27 WHEREAS, Longstocp 11, LLC, submitted an application amending, Monroe County
28 2010 Comprehensive Plan Policies 101.4.5 and 101.4.21 to amend the Mixed Use/Commercial
29 (MC) Future Land Use Map Category description and assign the Maritime Industries (MI)
30 Zoning District to the MC category; amend the maximum net density range and the maximum
31 intensity range for the Mixed Use/Commercial (MC) Future Land Use Flap Category and to
2 clarify the footnotes within the table;and
33
34 WHEREAS, on February 13, 2012, the BOCC voted to transmit the amendment, with
35 the staffs added recommended provisions to preserve and enhance warping waterfront while
36 allowing moderate redevelopment of other uses,to the State Land Planning Agency; and
37
38 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
39 Objections, Recommendations and Comments (ORC) Report on May 4, 2012, which did not
0 identify any issues with the proposed amendment; and
41
42 WHEREAS, at a public hearing on September 21, 2012, the BOCC adopted the text
43 amendment, amending the MC Future Laud Use Map Category description and assigning the MI
44 Zoning District to the MC category(Ordinance 032-2012); and
45
46 �:
It
1
Exhibit 3
3096 '
I WHEREAS, the MC Future Land Use Map category now includes provisions to
2 preserve and promote recreational and commercial working waterfront uses on all lands
3 designated with the Maritime Industries (MI) land use district within the MC category; and
4
5 WHEREAS, 18 properties on South Stock Island formed the Safe Harbor Marina
6 Property Owners Association, Inc.,and submitted an application for a Future Land Use Map
7 amendment from from Industrial (1)to Mixed Use/Commercial (MC); and
8
9 WHEREAS, the Monroe County Development Review Committee considered the
10 proposed amendment at a regularly scheduled meeting held on the 25th day of September, 2012;
11 and
12
13 WHEREAS,, the Monroe County Planning Commission held a public hearing on the 14"
14 day of November, 2012, for review and recommendation on the proposed Future Land Use Map
15 amendment; and
16
17 WHEREAS, the Monroe County Planning Commission made the following findings of
18 fact and conclusions of law:
19
20 1. On September 21, 2012, the BOCC adopted an amendment to Policies 101.4.5 and
21 101.4.21 to amend the Mixed Use/Commercial (MC) Future Land Use Map Category
22 description and assign the Maritime Industries(MI) Zoning District to the MC category.
23
24 2, The BOCC also adopted provisions to further preserve and enhance working waterfront
25 uses within the MC Future Land L)se Map Category.
26
27 3. The 18 subject parcels are designated as Tier 111, classified as developed land, and are not
28 designated as habitat for any protected species.
29
30, 4. The definition of the term recreational and commercial working waterfront, pursuant to
31 Section 342.07, F.S., means "a parcel or parcels of real properly that provide access for
32 water-dependent commercial activities, including hotels and motels as defined in s.
33 509.242(l), or provide access for the public to the navigable waters of the state.
34 Recreational and commercial working waterfronts require direct access to or a location
35 on, over, or adjacent to a navigable body of water. The term includes water-dependent
36 facilities that are open to the public and offtr public access by vessels to the waters Qf the
37 state or that are support facilities for recreational, commercial, research, or
38 governmental vessels. These facilities include public lodging establishments, docks,
39 wharfs, Iffis, wet and dry marinas, boat ramps, boat hauling and repair facilities,
40 commercial,fishing facilities, boat construction facilities, and other support structures
41 over the water. As used in this[statute] section, the term "vessel"has the same meaning
42 as in s. 327.02(39). Seaports are,=Iudcdfrom the definition.
43
44 5, The proposed amendment is internally consistent with the Monroe County
45 Comprehensive Plan.
46
2
Exhibit 3
3097
1 6. The proposed amendment is consistent with the Principles for Guiding Development for
2 the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statutes.
3
4 WHEREAS, the Monroe County Planning Commission passed Resolution No. P54-12
5 recommending transmittal of the proposed amendment; and
6
7 WHEREAS, at a special meeting held on the 18th day of April, 2013, the Monroe
8 County Board of County Commissioners held a public hearing and approved Resolution No.
9 133-2013 to transmit the proposed amendment to the State Land Planning Agency; and
10
11 WHEREAS, the proposed Comprehensive Plan amendment to amend the Future Land
12 Use Map was reviewed by the State Land Planning Agency which issued an Objections,
13 Recommendations, and Comments (ORC) Report on July 2, 2013. The ORC report stated that
14 "the NAS-KW states that the Navy is utilizing the 2007 AICUZ and that the more recent
15 Environmental Impact Statement (EIS) noise contours are in draft ,form and therefore not
16 acceptable at this time. The recent EIS study depicts the parcel as being within a lower noise
17 contour, one in which the transient development would be acceptable with noise attenuation and
18 landscaped berm on the outside of the property. For the reasons cited above, the Department
19 objects to the proposal because the change will exacerbate the incompatibility issues that
20 already exist. The proposed change is also inconsistent with the Principles for Guiding
21 Development that require that proposed amendments must be consistent with protection of the
22 value of public investments in the Florida Keys, including Naval Air Station-Key West;" and
23
24 WHEREAS,the ORC report also included a recommendation for addressing the objection:
25 "The applicant may consider delaying adoption of the proposed amendment until the 2012 EIS
26 DNL Alop is adopted by the militaiy, and proidde noise attenuation and outside landscaped berms,
27 as requested by the Department of the Navy;"and
28
29 WHEREAS, in response to the ORC Report, the County did wait until the Navy's Record
30 of Decision for the Final Environmental Impact Statement for Naval Air Station Key West Airfield
31 Operations, which was issued on October 31, 2013, and includes new noise contours which no
32 longer include the subject properties of this PLUM amendment within the 65 DNL (Day-Night
33 Average noise).
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
36 COMMISSIONERS OF MONROE COUNTY, FLORIDA-
37
38 Section 1. The Future Land Use Map (FLUM) for the Year 2010 Comprehensive Plan is
39 hereby amended by changing the PLUM designation from Industrial (1) to Mixed
40 Use Commercial (MC) for eighteen parcels of land on Stock Island, having Real
41 Estate Numbers 00123660-000000, 00123720-000400, 00123760-000200,
42 00123720-000100, 00123720-000200, 00123730-000100, 00123740-000000,
43 00123770-000000, 00127290-000000, 00127380-000000, 00127250-000000,
44 00127280-000000, 00123600-000100, 00123600-000102, 00123600-000101,
45 00123590-000000, 00123570-000000, and 00123540-000000; located on South
3
Exhibit 3
3098
Stock Island, as shown on Exhibit 1, which is attached hereto and incorporated
2 herein.
3
4 Section 2. SeverabiliLy, If any section, subsection, sentence, clause, item, change, or
5 provision of this ordinance is held invalid, the remainder of this ordinance shall
6 not be affected by such validity.
7
8 Section 3. Repeal of Inconsistent Provisions. All ordinances or pads of ordinances in
9 conflict with this ordinance are hereby repealed to the extent of said conflict.
10
I I Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
I') the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
13 Statutes.
'14
15 Section S. Filing ,and Effective Date. This ordinance shall be filed in the Office of the
16 Secretary of the State of Florida but shall not become effective until a notice is
17 issued by the State Land Planning Agency or Administration Commission finding
18 the amendment in compliance with Chapter 163, Florida Statutes, and after any
19 applicable challenges,have been resolved.
20
21 Section 6. Inclusion in the Conigrehensive Plan. The Future Land Use Map amendment
22 shall be incorporated in the Future Land Use Map of the Monroe County Year
23 2010 Comprehensive Plan.
24
25 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
26 Florida, at a special meeting held on the 11 rh day of Dec. , 2013,
27
28 Mayor Sylvia Murphy Yes
29 Mayor Pro Tern Tunny Dann Kolbage
Yes
30 Commissioner Heather Carruthers Yes
31 Commissioner David Rice Yes
32 Commissioner George Neugent Yes
33 '-0
34 BOARD OF COUNTY COMMISSIONERS
35 OF MONROE COUNTYIiWRIDA
362
37 BY �4A
38 ...... Mayor Sylvia Murphy
9P
U 81'
t r
YH-AVILIN, LER
4 "1 4
FLER TORNEY
AT
APPROVE As TO FO
45
——----- -- --------------
46 DEPUTY CLERK
. 111 , '4 '21EJY�N
'!�ToCOUN'TY ATTO'
ASS1 STAN�'�6u
4
Exhibit 3
3099
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as indicated above.
Proposal,Future Land Use rhange of eighteen parcels of land on Stock Island,having real estate numbers
00123660-000000,0012372 00,00123760 000200,0011 372"00100D 0 1 3720.000 00,00123730-000100„
00123740.000000,001 377 00000,00127290-000000,00127380-000000 00127250-000000,00127280 00000,
0012360 00100.0012380 00102,00123600-000101 001235 0-000000,00123570-000000,
and 00 1 23540-0 0 0000,located on south Stock Island:from Industrial(I)to Mired Usel o mercial(MC).
Exhibit 3
3100
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County of Monroe
Growth Management Division
Planning&Environmental rtesour es •'` r Board of County Commissioners
Department Mayor David Rice,Dist.4
2798 Overseas Highway,S►site 410 Mayor Pro Tern Kim'Wigingtor� Dist. i
Marathon,FL 33050 Heather Carruthers,Dist.3
Voice: (305)289-2500 George Neugent,Dist.2
FAX (305)289-2536 Sylvial.Murphy,Dist.5
We striae to be caring,professional and fair
July 10,2012
Barton Smith, P.L.
624 Whitehead Street
Key West,FL 33040
Subject: Minor!deviation to a Major Conditional Use Permit(Deemed)
Stock Island Marina Village, 70�09 Shrimp Read, Stack Island, Real Estate
#00123720.000100,#00123720,000200 and#001.23760.000200 (File 42011-090)
Mr. Smith,
The Planning & Environmental Resources Department has approved your request for a minor
deviation to the major conditional use permit for the above referenced site, The minor deviation
was required in order to alloy the reconfiguration of 173 of the site's 361 boat slips as shown on
a site plan by Weiler Engineering Corporation (WC) dated April 19, 2012. The Department
has determined that the application complies with the requirements and standards set forth in the
Monroe County Code. The following conditions apply
L Any additional revisions to the site plan or future improvements to the property are subject to
further review as a minor deviation or as an amendment to the major conditional use permit
approval.
2. While staff recognizes the lawful existence of the 361 boat slips to be reconfigured,this
approval does not recognize all of the other existing land uses on the site as lawful. The
Planning& Environmental Resources Department is concurrently reviewing this matter.
This approval does not condone or approve the unlawful land use and the property owner is
subject to possible code compliance prosecution if the unlawful uses are not permitted or
terminated.
3. A Monroe County building permit(s) is also required for the scope of work. The Monroe
County Office of the Fire Marshal and the Monroe County Building Department have not
reviewed this application. The applicant shall meet any additional requirements required by
the Fire Marshal and the Building Department.
We trust that this information is of assistance. If you have any questions regarding,the contents
of this letter, or if we may further assist you with your project, please feel free to contact our
Marathon office at(305) 289-2500.
iRespectful! ,
Townsle ch ab, Senior Director of Planning&Environmental Resources
Page t of I
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MEMORANDUM
ONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCEs DEPARTMENT
To: Monroe County Board of County Commissioners
Tbrough: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning& Environmental Resources
From: Joseph Haberman, AlCP, Planning& Development Review Manager
Date: June 18, 2014
Subject: Request for a Development Agreement between Monroe County, Florida and
Longstock A LLC, concerning Stock Island Marina ]pillage, 700 and 7009 Shrimp
Road, Stock Island, approximate mile marker S, having real estate numbers
00123720.000100, 00123 720.000200 and 00123 7 0.000200 (File #2014-O26)
-Meeting.- May 2 , 014
1REQUEST:
3 The requested agreement relates to the redevelopment of an existing mixed use marina, to
include cornmercial retail, office, commercial fishing, light industrial and hotel uses. The
5 residential density would not exceed 100 transient residential units. Not including accessory
6 structures related to residential uses, the nonresidential floor area would not exceed 80,000
7 S .New residential or nonresidential buildings shall not exceed 35' in height.
10
11
12 y
13
14
15
16
17
18
1
2
21
22
23
24
25
6
27
8
Subject Property with Land Use District Overlaid (Aerial dated 2012)
Page 1 of
3107
1 In addition to the application for a development agreement, the applicant submitted an
2 application for an amendment to a major conditional use permit for the associated
3 redevelopment of the subject property. This separate application, which will be reviewed by
4 the Planning Commission at a later date, is required in order for the property owner to
5 redevelop the existing marina by improving the marina's facilities, constructing the new
6 hotel with 100 transient residential units, constructing a new restaurant, constructing a new
7 fish house (retail and distribution), constructing a new distillery and carrying out associated
8 site improvements.
9
19 Location:
12 Address: 700 and 7009 Shrimp Road, Stock Island, approximate mile marker 5 (Atlantic
13 4
Ocean side of US 1)
15 Legal Description: Parcels of land in Section 35, Township 67 South, Range 25 East,
16 Stock Island, Monroe County, Florida(legal description in metes and bounds is provided
R in the application file)
18 Real Estate (RE)Numbers: 00 123720,000100, 00123720.000200 and 00 123760.000200
21 (Note: The aforementioned numbers are the current numbers associated with the subject
22 property. Portions of the property have been assessed under different numbers in the
23 past. Known former numbers associated with the upland of the subject property that have
24 been voided include 00123720.000000, 00123720.0003010, 00123730.000000,
25 0�0123750.000000, 00123760,000101, 00123760.000102, 00123760.000103 and
26 0�0123760.000300. Known former numbers associated with the submerged land of the
27 subject property that have been voided include 00123760.000401 through
28 00123760.000411, 00123760-000501 through 00123760.000521 and 00123760.000601
29 through 00123760.000604.)
30
Applicant:
Agent: Barton W. Smith, Esq., Smith Oropeza, P1.
35 Owner: Longstock II, LLC
36
37 11 RELEVANT PRIOR COUNTY ACTIONS:
38
39 The existing marina was established prior to 1986 and is thereby deemed to have a major
40 conditional use permit,
41
42 In 2012, a minor deviation to the major conditional use permit was approved allowing the
43 reconfiguration of 173 of the site's 361 boat slips
44
45 In 2013, a minor deviation to the major conditional use permit was approved allowing new
46 development atop the northernmost pier. The development included bath house buildings for
47 occupants of the live-aboard vessels and a commercial building that included marine fuel
48 services, a marina store and management offices.
49
Page 2 of 5
3108
I In 2013, an alcoholic beverage special use permit (2-COP) was approved allowing the sale:of
2 beer and wine, on premise and package. The approval is memorialized by Planning
3 Commission Resolution#P23-13, approved by the Planning Commission at a public hearing
4 on August 28, 2013 and signed by the Planning Commission Chair on September 10,2013.
5
6 In 2013, an amendment to the Monroe County Future Land Use Map was approved
7 amending the future land use designation of the subject property from Industrial (I) to Mixed
8 Use/Commercial (MC), The approval is memorialized by Ordinance#045-2013, approved by
9 the Board of County Commissioners at a public hearing on December 11, 2013.
10
I I III BACKGROUND INFORMATION:
12
13 A. Size of Site: 35.484 acres (12.240 acres of upland and 23.244 acres of submerged land)
14 B. Land Use District: Maritime Industries (MI)
15 C. Future Land Use Map (FLUM) Designation: Mixed Use/Commercial (MC)
16 D. Tier Designation: Tier III
17 E. Existing Uses: Mixed Use - Marina, Light Industrial, Commercial Retail, Office
18 F. Existing Vegetation / Habitat: Predominately scarified, with mangroves along the some
19 segments of the southernmost shoreline and areas landscaping throughout the site
20 G. Community Character of Immediate Vicinity: Mixed Use
21 H. Flood Zone: A-E-EL 9
22
23 IV REVIEW OF APPLICATION:
24
25 The BOCC shall have authority to enter into a development agreement by resolution with any
26 person having a legal or equitable interest in real property located within the unincorporated
27 area of Monroe County if the development agreement meets all of the requirements of the
28 Florida Local Government Development Agreement Act, Section 163.3220-163.3243,
29 Florida Statutes; provided, however, that the duration of the development agreement shall not
30 exceed 10 years, and any duration specified in a development agreement shall supersede any
31 conflicting duration otherwise specified in the land development regulations.
32
33 Pursuant to Section 163.3227, Florida Statutes, a development agreement shall include the
34 following:
35
36 a) A legal description of the land subject to the agreement, and the names of its legal and
37 equitable owners:
38
39 In the agreement, a full legal description is provided in Exhibit 2. Ownership is described
40 in section I (J)on page 2 and a special warranty deed is provided in Exhibit 1.
41
42 b) The duration of the agreement:
43
44 The agreement shall remain in effect for 10 years from the effective date, as stated in
45 section III (C) on page 3.
46
Page 3 of 5
3109
I c) The development uses permitted on the land, including population densities, and building
2 intensities and height:
3
4 Permitted uses on the land(s), population densities, and building intensities and height(s)
5 are provided in section III (D) on page 4.
6
7 d) A description of public facilities that will service the development, including who shall
8 provide such facilities; the date any new facilities, if needed, will be constructed; and a
9 schedule to assure public facilities are available concurrent with the impacts of the
10 development:
11
12 A description of public facilities is stated in section III (E)on pages 4 through 5.
13
14 e) A description of any reservation or dedication of land for public purposes:
15
16 There will be no reservation or dedication of land for public purpose. This is stated in in
17 section III (F)on page 5.
18
19 f) A description of all local development permits approved or needed to be approved for the
20 development of the land:
21
22 Required local development permits are not provided in a single section. The requirement
23 for a major conditional use permit to redevelop the property is provided in section III (H)
24 on page 6. The requirement for a minor conditional use permit (per reference to MCC
25 §13 8-22(2) to finalize transfer the TRE's is provided in section 1 (1) on page 2 and 11 (C)
26 on page 3. Permit requirements in general are provided in section III (Q) on page 8,
27 which states "This Agreement is not and shall not be construed as a Development Permit,
28 Development Approval or authorization to commence development, nor shall it relieve
29 the Parties other than Monroe County of the obligations to obtain necessary Development
30 Approvals that are required under applicable law and under and pursuant to the terms of
31 this Agreement and Monroe County Code."
32
33 g) A finding that the development permitted or proposed is consistent with the local
34 government's comprehensive plan and land development regulations:
35
36 A finding of consistency is stated in section III(J) on page 6.
37
38 h) A description of any conditions, terms, restrictions, or other requirements determined to
39 be necessary by the local government for the public health, safety, or welfare of its
40 citizens:
41
42 A description of any conditions, terms, restrictions or other requirements is not provided
43 in a single section. Such conditions, terms, restrictions and other requirements are
44 provided throughout the agreement,
45
Page 4 of 5
3110
I i) A statement indicating that the failure of the agreement to address a particular permit,
2 condition, term, or restriction shall not relieve the developer of the necessity of
3 complying with the law governing said permitting requirements, conditions, term, or
4 restriction:
5
6 Breach, amendment, enforcement and termination of the development provisions are
7 provided in section III (K)on pages 6 through 7.
8
9 V RECOMMENDATION:
10
11 The Planning & Environmental Resources Department recommends approval.
Page 5 of 5
3111
q
M
N
MONROE COUNTY,FLOREDA
PLANNING COMMISSION RESOLUTION NO.P19-14
A RESOLUTION BY THE MO OE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
OF A DEVELOPMENT AGREEMENT BETWEEN MO OE
COUNTY, FLORIDA AND LONGSTOCK H, LLC,
CONCEPTUALLY APPROVING THE REDEVELOPMENT OF
STOCK ISLAND MARINA VILLAGE,LOCATED AT 700 AND
7009 SHRIMP ROAD, STOCK ISLAND, APPROXIMATE
MILE MARKER 5, DESCRIBED AS PARCELS OF LAND IN
SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST,
STOCK. ISLAND, MO OE COUNTY, FLORIDA, AND
HAVING REAL ESTATE ) NUMBERS 00123720.000100,
00123720.000200 AND 00123760.000200.
WHEREAS, during a regularly scheduled public meeting held on May 28, 2014, the
Monroe County Planning Commission conducted a review and consideration of a request filed
by Attorney Barton W. Smith, on behalf of Longstock 11, LLC, for a development agreement in
accordance with §110-132 and §110-133 of the Monroe County Code and Florida Statutes Sec.
163.3220 et seq.,the"Florida Local Government Development Agreement Act";and
the development agreement relates to the redevelopment of an existing
mixed use marina, to include commercial retail, office, commercial fishing, light industrial and
hotel uses.The residential density would not exceed 100 transient residential units.Not including
accessory structures related to residential uses, the nonresidential floor area would not exceed
80,000 square feet. New residential or nonresidential buildings shall not exceed 35' in height;
d
WHEREAS, the development agreement involves the redevelopment of the site,
currently known as Stock Island Marina Village, located at 700 and 7009 Shrimp Road., Stock
Island,Florida, approximate mile marker 5 of the Overseas Highway(US 1);and
WHEREAS, the site is described as parcels of land in Section 35, Township 67 South,
Range 25 East, Stock Island, Monroe County, Florida, having Real Estate (RE) Numbers
00123720.000100, 00123720.000200 and 00123760.000200; and
Resolution 019-14
File#241 6 Page 1 of 4
3112
WHEREAS, the May 28, 2014, Planning Commission public meeting served as one of
the two required public hearings for the proposed development agreement and
WHEREAS, the Planning Commission was presented with the following documents and
other information relevant to the request,which by reference is hereby incorporated as part of the
record of said hearing:
I. Development Agreement application(File#2014-026),received by the Monroe
County Planning&Environmental Resources Department on February 19,2014;and
2. Development Agreement received February 19,2014;and
3. Staff report prepared by Joseph Haberman,AICP,Planning&Development Review
Manager,dated May 16,2014;and
4. Sworn testimony of Monroe County Planning & Environmental Resources
Department staff;and
5. Sworn testimony of the applicant and general public;and
6. Advice and counsel of Steve Williams, Assistant County Attorney,and John Wolfe,
Planning Commission Counsel; and
WHEREAS, based upon the infarmation and documentation submitted, the Planning
Commission makes the following Findings of Fact:
1. The subject property is located within a time Industries (MI)Land Use (Zoning)
District.Further, it is designated within a Mixed Use/Commercial(MC)category on
the Future Land Use Map (FL UM) and within a Tier III district on the Tier Overlay
District Map;and
2. The existing marina was established prior to 1986 and is thereby deemed to have a
major conditional use permit pursuant to §10 1-4(c)of the Monroe County Code; and
3. In 2012,a minor deviation to the major conditional use permit was approved allowing
the reconfiguration of 173 of the site's 361 boat slips; and
4. In 2013,a minor deviation to the major conditional use permit was approved allowing
new development atop the northernmost pier. The development included bath house
buildings for occupants of the live-aboard vessels and a commercial building that
included marine fuel services,a marina store and management offices; and
5. In 2013, an amendment to the Monroe County Future Land Use Map was approved
amending the future land use designation of the subject property from Industrial(I)to
Mixed Use/Commercial (MC). The approval is memorialized by Ordinance #045-
2013, approved by the Board of County Commissioners at a public hearing on
December 11,2013; and
6. On April 29, 2014, the development agreement was reviewed by the Development
Review Committee; and
Resolution#P 19-14
File#2014-026 Page 2 of 4
3113
7. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into
development agreements with landowners and/or governmental agencies to encourage
a stronger commitment to comprehensive and capital facilities planning, ensure the
provision of adequate public facilities for development, encourage the efficient use of
resources,and reduce the economic cost of development; and
8. The development agreement, among other things, is intended to and shall constitute a
development agreement among the Parties pursuant to the Florida Local Govemment
Development Agreement Act, Section 163.3223, et seq.,Florida Statutes; and
9. Development shall not be inconsistent with the Monroe County Code; and
10. Development shall not be inconsistent with the Monroe County Comprehensive Plan;
and
11. Development on Stock Islands not be inconsistent with the Master Plan for the
Future Development of Stock Island and Key Haven, also known as the Stock
Island/Key Haven CommuniKeys Plan; and
12. Development shall not be inconsistent with the Principles for Guiding Development
in the Florida Keys Area of Critical State Concern; and
WHEREAS, based upon the information and documentation submitted, with fulfillment
of the requested revisions,the Planning Commission makes the following Conclusions of Law:
1. The request is consistent with the provisions and intent of the Monroe County Code,
and
2. The request is consistent with the provisions and intent of the Monroe County Year
2010 Comprehensive Plan; and
3, The request is not inconsistent with the provisions and intent of the Master Plan for
the Future Development of Stock Island and Key Haven;and
4. The request is not inconsistent with any of the Principles for Guiding Development in
the Florida Keys Area of Critical State Concern;and
WHEREAS, Planning & Environmental Resources Department staff recommended
approval of the development agreement; however with revisions provided in the staff report
prepared by Joseph Haberman,AICP, Planning&Development Review Manager, dated May 16,
2014; and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY9 FLORIDA, that the preceding Findings of Fact and Conclusions of
Law support its decision to RECOMMEND APPROVAL of the proposed development
Resolution#P 19-14
File#2014-026 Page 3 of 4
3114
agreement, with the revisions requested in the staff report prepared by Joseph Haberman, AICP,
Planning&Development Review Manager,dated May 16,2014.
PASSED AND ADOPTED BY THE PLA of Monroe County,
0
Florida,at a regular meeting held on the 28h of NoV72,C0104MMSSION
Chair Wiatt YES
Commissioner Hale YES
Commissioner Lustberg YES
Commission ller YES
Commissioner Werling YES
PLANNING C SSION OF M COUNTY,FLORIDA
B Y
William Wiatt, Chair
Signed this .25 day of 7y 2014.
0 OE KEW vff,rH nie,
A"POR09OU Sy
2 5 2014
ACaE-' "ICS r.-RIC
Resolution#P19-14
File#2014-026 Page 4 of4
3115
IIaY `
y f
i
MONROE COUNTY,FLORIDA
DEVELOPMENT COMMITTEE
RESOLUTION NO.DRC -14
A RESOLUTION BY THE DIRECTOR OF PLANNING AND
ENVIRONMENTAL RESOURCES AND CHAIR OF THE
DEVELOPMENT REVIEW COMMITTEE RECOMMENDING
APPROVAL TO THE Ma OE COUNTY BOARD OF
COUNTY COMMISSIONERS OF A DEVELOPMENT
AGREEMENT BETWEEN MO OE COUNTY, FLORIDA
AND LONGSTOCK 11, LLC, CONCEPTUALLY APPROVING
THE REDEVELOPMENT I" OF STOCK: ISLAND A
VILLAGE, LOCATED AT 700 AND 7009 SHRIMP ROAD,
STOCK. ISLAND, APPROXIMATE MILE MARKER 5,
DESCRIBED AS PARCELS OF LAND IN SECTION 35,
TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK ISLAND,
Ma OE COUNTY, FLORIDA, AND HAVING REAL
ESTATE ) NUMBERS 00123720.000100, 00123720.000200
AND 00123760.000200.
daring a regularly scheduled meeting held on April 2 , 2014, the
Development Review Committee (DRC) of Monroe County conducted a review and
consideration of a request filed by Attorney Barton W. Smith, on behalf of Longstock II, LLC,
for a development agreement in accordance with §110-132 and §110-133 of the Monroe County
Code and Florida Statutes Sec. 163.3220 et. seq., the "Florida Local Government Development
Agreement Act";and
WHEREAS, the development agreement relates to the redevelopment of an existing
mixed use marina, to include commercial retail, office, commercial fishing, light industrial and
hotel uses. The residential density would not exceed 100 transient residential units.Not including
accessory structures related to residential uses, the nonresidential floor area would not exceed
80,000 square feet. New residential or nonresidential buildings shall not exceed 35' in height;
and
WHEREAS, based upon the information and documentation submitted, the
Development Review Committee Chair and Senior Director of Planning & Environmental
Resources found:
Resolution#DRC 08-14
File#2014-026 Page 1 of 2
3116
1. The proposed development agreement is consistent with the provisions and intent of
the Monroe County Comprehensive Plan;and
2. The proposed development agreement is consistent with the provisions and intent of
the Monroe County Code;and
3. The request is not inconsistent with the provisions and intent of the Master Plan for
the Future Development of Stock Island and Key Haven;and
4. The proposed development agreement is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA that the information provided in the
staff report and discussed at the April 29, 2014 meeting supports the Chair's decision to
recommend approval to the Planning Commission and Board of County Commissioners with
revisions as discussed at the meeting.
Date— /
fo w- nsle Sc Deve op ent Review CommitteeChair an
Senior irector of Planning and Environmental Resources
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid
and in the County aforesaid,to take acknowledgments, personally appeared To ley Schwab, to
me known to be the person described in and who executed the foregoing instiument and she
acknowledged before me the she executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this day of
2014.
T,ay PUBLIC, STATE OF FLORIDA
NMEA M CWCH
Nd"POW-aft*I r4rma
cam,boa on is,2014
Comm*"0 Ef 4MI
Resolution#DRC 08-14
File 42014-026 Page 2 of 2
3117
MONROE COUNTY,FLORIDA
RESOLUTION NO. 177 -2014
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING A
DEVELOPMENT AGREEMENT BETWEEN MONROE
COUNTY, FLORIDA AND LONGSTOCK II, LLC,
CONCEPTUALLY APPROVING THE REDEVELOPMENT OF
STOCK ISLAND MARINA VILLAGE,LOCATED AT 700 AND
7009 SHRIMP ROAD, STOCK ISLAND, APPROXIMATE
MILE MARKER 5, DESCRIBED AS PARCELS OF LAND IN
SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST,
STOCK ISLAND, MONROE COUNTY, FLORIDA, AND
HAVING REAL ESTATE (RE) NUMBERS 00123720.000100,
00123720.000200 AND 00123760.000200.
WHEREAS,during a public meeting held on July 16,2014 the Monroe County Board of
County Commissioners conducted a public hearing to review and consider a request filed by
Attorney Barton W. Smith, on behalf of Longstock II, LLC, for a development agreement in
accordance with §110-132 and §110-133 of the Monroe County Code and Florida Statutes Sec.
163.3220 et. seq.,the"Florida Local Government Development Agreement Act"; and
WHEREAS, the development agreement relates to the redevelopment of an existing
mixed use marina, to include commercial retail, office, commercial fishing, light industrial and
hotel uses. The residential density would not exceed 100 transient residential units.Not including
accessory structures related to residential uses, the nonresidential floor area would not exceed
80,000 square feet. New residential or nonresidential buildings shall not exceed 35' in height;
and
WHEREAS,the Agreement approves a conceptual site plan for development on the site,
subject to further site plan approval by the Planning Commission; and
WHEREAS, the development agreement involves the redevelopment of the site,
currently known as Stock Island Marina Village, located at 700 and 7009 Shrimp Road, Stock
Island, Florida, approximate mile marker 5 of the Overseas Highway(US 1); and
WHEREAS, the site is described as parcels of land in Section 35, Township 67 South,
Range 25 East, Stock Island, Monroe County, Florida, having Real Estate (RE) Numbers
00123720.000100, 00123720.000200 and 00123760.000200; and
Page 1 of 3
3118
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Findings of Fact:
1. The subject property is located within a Maritime Industries (MI) Land Use (Zoning)
District. Further, it is designated within a Mixed Use/Commercial (MC) category on
the Future Land Use Map (FLUM) and within a Tier III district on the Tier Overlay
District Map; and
2.- In 2013, an amendment to the Monroe County Future Land Use Map was approved
amending the future land use designation of the subject property from Industrial (1)to
Mixed Use/Commercial (MC). The approval is memorialized by Ordinance #045-
2013, approved by the Board of County Commissioners at a public hearing on
December 11,2013; and
3. The existing marina was established prior to 1986 and is thereby deemed to have a
major conditional use permit pursuant to §10 1-4(c) of the Monroe County Code; and
4. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into
development agreements with landowners and/or governmental agencies to encourage
a stronger commitment to comprehensive and capital facilities planning, ensure the
provision of adequate public facilities for development, encourage the efficient use of
resources, and reduce the economic cost of development; and
5. The development agreement, among other things, is intended to and shall constitute a
development agreement among the Parties pursuant to the Florida Local Government
Development Agreement Act, Section 163.3223, et seq.,Florida Statutes; and
6. Development shall not be inconsistent with the Monroe County Code; and
7. Development shall not be inconsistent with the Monroe County Comprehensive Plan;
and
8. Development on Stock Island shall not be inconsistent with the Master Plan for the
Future Development of Stock Island and Key Haven, also known as the Stock
Island/Key Haven CommuniKeys Plan; and
9. Development shall not be inconsistent with the Principles for Guiding Development
in the Florida Keys Area of Critical State Concern; and
10. The Monroe County Planning Commission held a public hearing at its meeting on
May 28, 2014;, which was the first of two required public hearings, and
recommended approval to the Board of County Commissioners in Resolution,#P 19-
14;
Page 2 of 3
3119
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Conclusions of Law:
1. The request is consistent with the provisions and intent of the Monroe County Code;
2. The request is consistent with the provisions and intent of the Monroe County Year
2010 Comprehensive Plan;
3. The request is consistent with the Master Plan for the Future Development of Stock
Island and Key Haven, also known as the Stock Island/Key Haven CommuniKeys
Plan;
4. The request is consistent with the Principles for Guiding Development in the Florida
Keys Area of Critical State Concern;
5. The Agreement, among other things,is intended to and shall constitute a development
agreement among the Parties pursuant to the Florida Local Government Development
Agreement Act, Section 163.3223, et seq.,Florida Statutes;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMUSSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings of
Fact and Conclusions of Law support its decision to APPROVE the Development Agreement
between Monroe County, Florida and Longstock 11, LLC attached hereto.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting held on the 16"h of July, 2014.
M
Mayor Sylvia Murphy Y s r-
c- rn
Mayor pro tem Danny L. Kohlage Yes
r-
Commissioner Heather Carruthers Yes
CD
Commissioner George Neugent Yes 52S2 M
Commissioner David Rice Yes
'
BOARD OF COUNTY COMMISSIONERS CD
OF MONROE COUNTY, FLORIDA
STATE OF FL-ORk"DA
BY: COUNIN (OF MONR4)E
"I" C op i a i e of the
y s r ru Copy
Ma'y-9r9y- lv*Uuiphy his
fit*iglu I on F 11c In this Mike. Witne
S
MY 44A"Und
HEAVILIN, CLERK uay 0
A.D.,20,,14'
' -F�'M T"i I HA
r 4 Irc N-erk 0 1 C, , -tf
"� C ti?
D.C.
MO COUNTY ATTORNEY
PPRI VED,&S TO F RM
Date:
ate:
Page 3 of 3
3120
Prepared by:
Barton W. Smith, Esq.
Smith/Oropeza, PL
138-142 Simonton St.
Key West, FL 33040
2
3
4 DEVELOPMENT AGREEMENT
5
6 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into on the day
7 of 2014, by and between Monroe County, Florida, a Political
8 Subdivision ot the State of Florida ("Monroe County") and Longstock 11, LLC, a Florida
9 limited liability company, d/b/a Stock Island Marina Village ("SWV") (collectively, the
10 "Parties"), pursuant to Sections 110-132 and 110-133 of the Monroe County, Florida, Code of
11 Ordinances ("Monroe County Code"), and the Florida Local Government Development
12 Agreement Act, Florida Statutes Sections 163.3220-163.3243 (2013), and is binding on the
13 "Effective Date" set forth herein:
14
15 WITNESSETH:
16
17 The Parties hereby agree as follows:
18
19 I. RECITALS
20 A. This Agreement involves the redevelopment of property located at 700 and 7009 Shrimp
21 Road, Stock Island, Florida.
22
23 B. All Parties have the authority to enter into this Agreement through Florida Statutes Chapter
24 163.
25
26 C. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into development
27 agreements with landowners and/or governmental agencies to encourage a stronger
28 commitment to comprehensive and capital facilities planning, ensure the provision of
29 adequate public facilities for development, encourage the efficient use of resources, and
30 reduce the economic cost of development.
31
32 D. This Agreement, among other things, is intended to and shall constitute a development
33 agreement among the Parties pursuant to the Florida Local Government Development
34 Agreement Act, Section 163.3223, et seq., Florida Statutes (the"Act").
35
36 E. The Parties recognize that the public noticing and hearing procedures shall follow the
37 requirements of Section 163.3225, Florida Statutes, which requires the local government to
38 conduct two public hearings, one of which may be before the Planning Commission.
39
40 F. Monroe County finds that entering into this Agreement furthers the purposes, goals,
41 objectives and policies of the Monroe County Comprehensive Plan which contains goals and
42 objectives, including but not limited to Policy 101.4.5, which seeks to encourage the
43 preservation of traditional working waterfront uses along with promoting recreational and
44 commercial working waterfront uses, as defined by 342.07, F.S. by permitting a mix of uses
Page 1 of 13
3121
1 on properties whose Future Land Use Map ("FLUM") designation is Mixed Use
2 Commercial (MC) and zoning district is Maritime Industries (MI).
3
4 G. Monroe County finds that entering into this Agreement implements Policy 101.20.2 by
5 encouraging the redevelopment of Safe Harbor as identified in the Stock Island/Key Haven
6 Livable Communikeys Master Plan Volume I and II.
7
8 H. Monroe County finds that entering into this Agreement implements Goal 102 providing the
9 Monroe County shall direct future growth to lands which are intrinsically most suitable for
10 development and shall encourage conservation and protection of environmentally sensitive
11 lands.
12
13 I. Monroe County Code Section 138-22(2) allows for the transference of transient residential
14 ROGO exemptions (TREs) from sender sites in the Lower Keys ROGO subarea or the Big
15 Pine Key/No Name Key ROGO subareas to receiver sites in the Lower Keys ROGO subarea.
16 The receiver site/unit meets all of the following criteria: 1) The receiver site is located in the
17 same ROGO subarea as the sender site, with the exception that ROGO exemptions associated
18 with transient residential dwelling units may be transferred from the Big Pine and No Name
19 Key ROGO subarea to the Lower Keys ROGO subarea; 2) The receiver unit shall only be
20 constructed within a) a tier III designated area or b) a tier III-A (special protection area)
21 designated area where the development does not involve the clearing of any native habitat;
22 and 3)Receiver unit shall not be constructed within a velocity (V) zone.
23
24 J. SIMV property is generally described as follows:
25
26 1. SIMV owns that certain real property located at 700 and 7009 Shrimp Road, Stock
27 Island, Florida ("SIMV Property"). A copy of the Special Warranty Deed evidencing
28 SIMV's ownership is attached as Exhibit 1. Historically and currently the SIMV
29 Property was and is being used for water dependent uses.
30
31 2. The SIMV property complete legal description is provided in Exhibit 2.
32
33 3. As of the date of this Agreement, the SIMV Property is assessed by the Monroe County
34 Property Appraiser as real estate numbers 00123760-000200, 00123720-000100 and
35 00123720-000200.
36
37 4. The SIMV Property currently has a Maritime Industries ("MI") Land Use (Zoning)
38 District designation and a corresponding Mixed Use Commercial ("MC") Future Land
39 Use Map designation. A copy of the Land Use District Map and Future Land Use Map
40 for the SIMV Property is attached as Exhibit 3.
41
42 5. The SIMV Property currently has a Tier Overlay District designation of Tier Ill.
43
44 6. The SIMV Property consists of 44.124 acres, including 12.24 acres of upland and 31.884
45 acres of submerged land.
46
Page 2 of 13
3122
1 7. Since September 15, 1986, marinas in the MI Land Use (Zoning) District require a major
2 conditional use permit. Since the SIMV Property was lawfully developed with a marina
3 prior to September 15, 1986, the SIMV Property is deemed to have a major conditional
4 use permit in accordance with Monroe County Code Section 1014(c).
5
6 8. In 2012, SIMV applied for and was granted a minor deviation to its conditional use for
7 reconfiguring 173 of its existing 361 wet slips. The approval is memorialized by a letter
8 from the Planning & Environmental Resources Director Townsley Schwab dated July 10,
9 2012. A copy of the Minor Deviation approval is attached as Exhibit 4.
10
11 II. PURPOSE
12
13 A. The overall purpose of this Agreement is to allow the Parties to provide certainty in
14 development of the SIMV Property.
15
16 B. The Agreement allows the redevelopment of property located at 700 and 7009 Shrimp
17 Road, Stock Island, Florida, in compliance with all applicable provisions of Florida Statutes,
18 the Principles for Guiding Development in the Florida Keys Area of Critical State Concern,
19 the Monroe County Comprehensive Plan, the Master Plan for the Future Development of
20 Stock Island and Key Haven, and the Monroe County Code.
21
22 C. The Agreement allows the Parties to implement the provisions of Monroe County Code
23 Section 138-22(2) as applied to the Properties in order to allow for a reasonable use of the
24 SIMV Property by allowing the transference of market-rate transient residential TRE's
25 lawfully associated with Sender Site(s)to the Receiver Site.
26
27 D. SIMV desires to transfer up to and including one-hundred (100) transient TREs from sender
28 site(s)to the receiver site SRVfV Property.
29
30 1H. AGREEMENT REQUIREMENTS
31
32 A. Recitals. The recitals explaining the intent and purpose of the project as set forth in the
33 preceding clauses are incorporated herein and form a material part of this Agreement. The
34 Parties recognize the binding effect of Florida Statutes Sections 163.3220-163.3243, as to the
35 form and content of this Agreement and in accordance therewith set forth and agree to the
36 following.
37
38 B. Legal Description and Ownership. The legal descriptions for the Properties subject to this
39 Agreement are set forth in Exhibit 2.
40
41 C. Duration of Agreement. This Agreement shall remain in effect for ten (10) years from the
42 "Effective Date" as defined herein, and may be extended by mutual consent of the Parties
43 and approval at a public hearing, in accordance with Section 163.3229, Florida Statutes. For
44 the duration of this Agreement, the Parties agree that any development shall comply with and
45 be controlled by this Agreement, the Monroe County Code, and the Monroe County
Page 3 of 13
3123
1 Comprehensive Plan governing the development of land in effect on the date of execution of
2 this Agreement, in accordance with Section 163.3220, Florida Statutes.
3
4 D. Permitted Uses.
5
6 1. SIMV, 700 and 7009 Shrimp Road, Stock Island:
7
8 a. The SIMV Property currently has a MI Land Use (Zoning) District designation and a
9 corresponding MC Future Land Use Map designation.
10
11 b. In accordance with this Agreement and with the MC Future Land Use Map category,
12 as set forth in Monroe County Comprehensive Plan Policy 101.4.5, the permitted uses
13 in the MC Future Land Use Map category include, but are not limited to, commercial
14 retail; office; maritime industry; commercial fishing; hotels; marinas, light industrial
15 and accessory uses.
16
17 c. In accordance with this Agreement and with the MC Future Land Use Map category,
18 as set forth in Monroe County Comprehensive Plan Policy 101.4.5, the SIMV
19 Property shall maintain a minimum of 35% (or 4.28 acres) of the upland area of the
20 property for working waterfront and water dependent uses (excluding transient uses).
21
22 d. In accordance with this Agreement and with the MC Future Land Use Map category,
23 as set forth in Monroe County Comprehensive Plan Policy 101.4.5, the SIMV
24 Property shall maintain a minimum of 20% of the existing wet slips and 10% of any
25 future new wet slips for vessels involved with recreational and commercial working
26 waterfront uses. The dockage for recreational and commercial working waterfront
27 uses shall be documented on the final development plan and shall be a written
28 condition of any permit approval.
29
30 e. In accordance with this Agreement and with the MC Future Land Use Map category,
31 as set forth in Monroe County Comprehensive Plan Policy 101.4.5, the SIMV
32 Property shall be limited to commercial retail uses of less than 5,000 square feet of
33 floor area.
34
35 f, In accordance with this Agreement and with the MI Land Use (Zoning) District, as
36 set forth in Monroe County Code Section 130-85, and in compliance with other
37 provisions of the Code, the permitted uses in the MI Land Use (Zoning) District
38 include, but are not limited to, commercial retail; office; light industrial; commercial
39 fishing; hotels; marinas and accessory uses.
40
41 g. The redevelopment of the SIMV Property includes the addition of up to one hundred
42 (100)hotel rooms, restaurants, a fish house retail and distribution operation, and other
43 improvements related to the existing marina and accessory development. Not
44 including accessory structures related to the hotel use, the nonresidential intensity
45 shall not exceed 80,000 square feet.
46
Page 4 of 13
3124
1 h. The height of any new structure associated with the redevelopment of the SIMV
2 Property shall not exceed 35 feet measured from grade, except for solar apparatus,
3 according to the Monroe County Code in effect at the execution of this Agreement.
4 Height is defined as "the vertical distance between grade and the highest part of any
5 structure, including mechanical equipment, but excluding chimneys; spires and/or
6 steeples on structures used for institutional and/or public uses only; radio and/or
7 television antenna, flagpoles; solar apparatus; utility poles and/or transmission
8 towers; and certain antenna supporting structures with attached antenna and/or
9 collocations as permitted in chapter 146. However, in no event shall any of the
10 exclusions enumerated in this section be construed to permit any habitable or usable
11 space to exceed the applicable height limitations." Monroe County Code defines
12 "Grade" as the highest natural elevation of the ground surface, prior to construction,
13 next to the proposed walls of a structure, or the crown or curb of the nearest road
14 directly adjacent to the structure, whichever is higher. For purposes of the S11\4V
15 Property grade shall be determined based on the attached topographic survey attached
16 hereto as Exhibit 5.
17
18 E. Public Facilities. The impact on public facilities is nominal. The number of existing
19 transient residential dwelling units and non-residential intensity at SIMV were recognized in
20 the planning of the sewage treatment plant serving Stock Island.
21
22 1. The Florida Keys Aqueduct Authority provides domestic potable water to the SIMV
23 Property. Excluding existing development that may already be metered, the Florida Keys
24 Aqueduct Authority will master meter the hotel use. In addition, excluding existing
25 development that may already be metered, the Florida Keys Aqueduct Authority will
26 meter other types of development accordingly.
27
28 2. Keys Energy Services provides electric service to the SIMV Property. Excluding existing
29 development that may already be metered, Keys Energy Services will master meter the
30 hotel use. In addition, excluding existing development that may already be metered, Keys
31 Energy Services will meter other types of development accordingly.
32
33 3. Solid waste service is provided to each property by a solid waste collection system
34 franchised by Monroe County.
35
36 4. The SIMV Property is connected to central sewer via KW Resort Utilities Corp.'s
37 system.
38
39 F. Reservation or Dedication of Land. There is no reservation or dedication of land for public
40 purposes contemplated by this Agreement.
41
42 G. Development Allowed and Required. The following specific criteria are those which will
43 guide development of the Property, and are standards by which any further approvals shall be
44 measured and shall be as follows:
45
Page 5 of 13
3125
I a. The SIMV Property consists of 44.124 gross acres consisting of 12.24 acres of upland
2 and 31.884 acres of submerged land.
3
4 b. SIMV Property is permitted to transfer up to (100) transient TRE's from property(s)
5 located in the Lower Keys and Big Pine Key ROGO subareas.
6
7 c. Provided such development can be designed and approved by all applicable codes,
8 including but not limited to the Monroe County Code and Florida Building Code,
9 SIMV is permitted to develop the following buildings, facilities and structures on the
10 SIMV Property pursuant to this Agreement:
11
12 i. Up to one hundred (100)hotel rooms to be developed into a hotel.
13
14 1 Additional amenities ancillary and accessory to the marina use, including two
is restaurants and a pool bar with up to 300 seats and up to 7,000 square feet of floor
16 area.
17
18 iii. Additional amenities ancillary and accessory to the hotel use, including a lobby,
19 gatehouse, offices, fitness center, bath house, maintenance, and housekeeping
20 consisting of up to 10,000 square feet as depicted on plans submitted with this
21 Agreement.
22
23 iv. A marine services, retail, fish house retail and distribution building, boat barn
24 consisting of up to 40,000 square feet as depicted on plans submitted with this
25 Agreement.
26
27 v. Parking areas and landscaping
28
29 vi. Public access is permitted to the SIMV Property from 7:00 a.m. until dusk.
30
31 vii. Working waterfront and water dependent uses, such as marina, fish house/market,
32 boat repair, boat building, boat storage, or other similar uses but excluding
33 transient uses, shall be preserved by maintaining a minimum of 35% of the upland
34 area of the property for those uses.
35
36 (a) at least 20% of the existing wet slips shall be preserved for vessels involved
37 with recreational and commercial working waterfront uses, excluding live-aboard
38 vessels solely used as a residence and not for navigation.
39 (b) at least 10% of the new wet slips shall be preserved for vessels involved with
40 recreational and commercial working waterfront uses, excluding live-aboard
41 vessels solely used as a residence and not for navigation.
42 (c) the preservation of dockage for recreational and commercial working
43 waterfront uses shall be documented on the final development plan and shall be a
44 written condition of any permit approval.
45 (d) Permanent residential development shall be limited to commercial apartments
46 or employee housing.
Page 6 of 13
3126
1 (e) The preservation of a public access walkway shall be required for all parcels
2 with direct access to the water. Consideration shall be given to security and the
3 physical constraints of the parcel. The public access walkway shall be
4 documented on the final development plan to link a continuous walkway and shall
5 be a written condition of any permit approval.
6 (f) Parcels shall be limited to commercial retail uses of less than 5,000 square feet
7 of floor area.
8
9 H. Site Plan Approval: Monroe County does hereby accept the conceptual site plan of the
10 SIMV Property. The conceptual site plan is attached as Exhibit 6. The development shall be
11 consistent with all applicable codes, including but not limited to the Monroe County
12 Comprehensive Plan and Monroe County Code. Following a review of compliance with such
13 codes, the final site plan must be approved by the Monroe County Planning Commission as
14 an amendment to the Property's major conditional use permit. The Planning Commission has
15 final authority over the site plan and the site plan may be amended by the Planning
16 Commission.
17
18 I. Military Installation Area of Impact. SIMV acknowledges and understands the SIMV
19 Property is within the Military Installation Area of Impact Overlay as defined by the Monroe
20 County Comprehensive Plan. The SIMV Property is located in the 55 —59 and 60—64 DNL
21 (Day-Night Average Sound Level) noise contours pursuant to the 2013 Navy Final
22 Environmental Impact Statement. While not within a 65 DNL Noise Zone or greater, SIMV
23 agrees to sound attenuate all habitable buildings and shall strive to achieve an outdoor to
24 indoor Noise Level Reduction Level (NLR) of at least 25 decibels. Normal permanent
25 construction can be expected to provide a NLR of 20 dB.
26
27 J. Finding of Consistency. By entering into this Agreement, Monroe County finds that the
28 development permitted or proposed herein is consistent with the Monroe County
29 Comprehensive Plan and Monroe County Code.
30
31 K. Breach,Amendment,Enforcement, and Termination.
32
33 a. Material Breach: A material breach by the Parties is the failure of any Party to
34 comply with the terms of this Agreement after Notice as provided herein.
35
36 b. Notice: Upon any Party's material breach of the terms and conditions of this
37 Agreement, the non-breaching Party shall serve written Notice of the breach upon the
38 breaching Party pursuant to the procedure established in this Agreement and shall
39 provide the opportunity, within ninety (90) days of the date such Notice is served, to
40 propose a method of fulfilling the Agreement's terms and conditions or curing the
41 breach. The breaching Party shall be provided an additional ninety (90) days to cure
42 the material breach or to negotiate an amendment to this Agreement within a
43 reasonable time, as mutually agreed to by the Parties. This Agreement is not subject
44 to arbitration and must be amended in accordance with the statutory requirements.
45
Page 7 of 13
3127
1 c. Amendment or Termination: The Parties hereto shall at all times adhere to the
2 terms and conditions of this Agreement. Amendment, termination, extension, or
3 revocation of this Agreement shall be made in accordance with the notification and
4 procedural requirements set forth herein.
5
6 i. Amendments to this Agreement shall subject Parties to the laws and policies in
7 effect at the time of the amendment only if the conditions of Section 163.3233(2),
8 Florida Statutes, are met.
9
10 ii. No modifications, extensions, amendments, or alterations of the terms or
11 conditions contained herein shall be effective unless contained in a written
12 document approved and executed by the Parties.
13
14 iii. Amendment, extension or termination shall require at least two (2) public
is hearings. The hearings shall be held pursuant to an application filed with Monroe
16 County by the Party seeking to amend or terminate this Agreement, along with the
17 requisite filing fee. Notice of public hearing shall be in accordance with Monroe
18 County Ordinances and Florida Statutes.
19
20 d. Enforcement:
21
22 i. After notice and an opportunity to respond and/or cure the material breach as
23 provided for below. Monroe County may utilize appropriate code compliance
24 remedies to cure any breach after notice and an opportunity to cure as provided
25 herein.
26
27 ii. Monroe County, the other Parties, their successors or assigns, or any aggrieved or
28 any adversely affected person as defined in Section 163.3215(2), Florida Statutes,
29 may file an action for injunctive relief in the Circuit Court of Monroe County to
30 enforce the terms of this Agreement or to challenge compliance with the
31 provisions of Sections 163.3243, Florida Statutes.
32
33 iii. Nothing contained herein shall limit any other powers, rights, or remedies that
34 either party has, or may have in the future,to enforce the terms of this Agreement.
35
36 L. Binding Effect of Agreement. The covenants, agreements, and obligations herein contained,
37 except as herein otherwise specifically provided, shall extend to, bind and inure to the benefit
38 of the Parties hereto and their respective personal representatives, heirs, successors and
39 assigns.
40
41 M. State and Federal Law. If State or Federal laws enacted after the effective date of this
42 Agreement preclude either Parry's compliance with the terms of this Agreement, this
43 agreement shall be modified as is necessary to comply with the relevant State or Federal
44 Laws.
45
Page 8 of 13
3128
1 O. Compliance with Other Laws. The failure of this Agreement to address a particular permit,
2 condition, term, or restriction shall not relieve the Parties of the necessity of complying with
3 the laws governing said permitting requirements, conditions,terms or restrictions.
4
5 P. Reservation of Rights. This Agreement shall not affect any rights, which may have accrued
6 to any party to this Agreement under applicable law. The Parties reserve any and all such
7 rights. All approvals referenced in this Agreement are subordinate to compliance with all
8 applicable laws, codes, and land development regulations and permits, except to the extent
9 otherwise provided for in this Agreement.
10
11 Q. No Permit. This Agreement is not and shall not be construed as a Development Permit,
12 Development Approval or authorization to commence development, nor shall it relieve the
13 Parties other than Monroe County of the obligations to obtain necessary Development
14 Approvals that are required under applicable law and under and pursuant to the terms of this
is Agreement and Monroe County Code.
16
17 R. Good Faith; Further Assurances; No Cost. The Parties to this Agreement have negotiated
18 in good faith. It is the intent and agreement of the Parties that they shall cooperate with each
19 other in good faith to effectuate the purposes and intent of, and to satisfy their obligations
20 under, this Agreement in order to secure themselves the mutual benefits created under this
21 Agreement. The Parties agree to execute such further documents as may be reasonably
22 necessary to effectuate the provisions of this Agreement; provided that the foregoing shall in
23 no way be deemed to inhibit, restrict or require the exercise of Monroe County's police
24 power or actions of Monroe County when acting in a quasi-judicial capacity. Wherever in
25 this Agreement a provision requires cooperation, good faith or similar effort to be undertaken
26 at no cost to a party, the party co-operating, reviewing or undertaking the effort shall,
27 nonetheless, bear its cost of attendance at meetings, hearings, or proceedings and comment
28 and/or execution of documents, inclusive of the expense of its counsel.
29
30 S. Successors and Assigns. This Agreement shall constitute a covenant running with the land,
31 which shall be binding upon the Parties hereto, their successors in interest, heirs, assigns, and
32 personal representatives.
33
34 T. Joint Preparation. This Agreement has been drafted with the participation of the Parties
35 and their counsel, and shall not be construed against any party on account of draftsmanship.
36 The captions of each article, section and subsection contained in this Agreement are fore ease
37 of reference only and shall not affect the interpretational meaning of this Agreement.
38 Whenever the term "included" is used in this Agreement, it shall mean that the included
39 items, or terms are included without limitation as to any other items or terms, which may fall
40 within the listed category.
41
42 U. Notices. All notices, demands, requests or replies provided for or permitted by this
43 Agreement shall be in writing and may be delivered by any one of the following methods: (a)
44 by personal delivery; (b) by deposit with the United States Postal Service as Certified or
45 Registered mail, return receipt requested, postage prepaid, to the addresses stated below; or
46 (c) by deposit with an overnight express delivery service with proof of receipt to the
Page 9 of 13
3129
1 addresses stated below. Notice shall be deemed effective upon receipt. For purposes of
2 notice, demand,request, or replies:
3
4 The address of Monroe County shall be:
5
6 County Administrator
7 1100 Simonton Street
8 Room 2-205
9 Key West, Florida 33040
10
11 with a copy to
12
13 Robert Shillinger, Esq.
14 County Attorney
15 PO Box 1026
16 Key West, Florida 33041
17 and
18 1111 12th Street, Suite 408
19 Key West, Florida 33040
20
21 The address of SIMV shall be:
22
23 C/O Matthew Strunk
24 7009 Shrimp Road
25 Key West, Florida 33040
26
27 And a copy to
28
29 Barton W. Smith, Esq.
30 Smith Oropeza, P.L.
31 138 - 142 Simonton Street
32 Key West, Florida 33040
33
34 It is the responsibility of the Parties to promptly notify all other Parties of any change in
35 name or address for receipt of notice, demand, request, or replies.
36
37 V. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes,
38 acts of God, inability to obtain labor or materials or reasonable substitutes therefore, riot,
39 civil commotion, fire or other casualty and other causes beyond the reasonable control of the
40 party obligated to perform, excluding the financial inability of such party to perform and
41 excluding delays resulting from appeals or rehearing, shall excuse the performance by such
42 party for a period equal to any such period of prevention, delay or stoppage. In order to avail
43 itself of this force majeure provision, the party invoking the same shall provide the other
44 party with a written notice that shall consist of a recitation of all events that constitute force
45 majeure events under this Section, together with the beginning and ending dates of such
46 events.
Page 10 of 13
3130
1
2 W. Construction. This Agreement shall be construed in accordance with the laws of the State of
3 Florida. The Parties to this Agreement have participated fully in the negotiation and
4 preparation hereof, and, accordingly, this Agreement shall not be more strictly construed
5 against any one of the Parties hereto. In construing this Agreement, the use of any gender
6 shall include every other and all genders, and captions and section and paragraph headings
7 shall be disregarded. All of the exhibits attached to this Agreement are incorporated in, and
8 made a part of,this Agreement.
9
10 X. Omission. The Parties hereto recognize and agree that the failure of this Agreement to
11 address a particular permit, condition, terms or restriction shall not relieve either Party of the
12 necessity of complying with the law governing said permitting requirements, conditions,
13 term, or restriction notwithstanding any such omission.
14
15 Y. Jurisdiction and Governing Law. The Parties hereto agree that any and all suits or actions
16 at law shall be brought in Monroe County, Florida and no other jurisdiction. This Agreement
17 shall be construed and interpreted under the laws of the State of Florida. This Agreement is
18 not subject to arbitration.
19
20 Z. Attorney's Fees and Costs. The Parties agree that in the event any cause of action or
21 administrative proceeding is initiated or defended by any party relative to the enforcement or
22 interpretation of this Agreement, the prevailing party shall be entitled to reasonable
23 attorney's fees, court costs, as an award against the non-prevailing party, and shall include
24 attorney's fees, courts costs, in appellate proceedings. Mediation proceedings initiated and
25 conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil
26 Procedure and usual and customary procedures required by the circuit court of Monroe
27 County.
28
29 AA. Time of Essence. Time shall be of the essence for each and every provision of this
30 Agreement.
31
32 BB. Entire Agreement. This Agreement, together with the documents referenced herein,
33 constitute the entire agreement and understanding among the Parties with respect to the
34 subject matter hereof, and there are no other agreements, representations or warranties other
35 than as set forth herein. This Agreement may not be changed, altered or modified except by
36 an instrument in writing signed by the Party against whom enforcement of such change
37 would be sought and subject to the requirements for the amendment of development
38 agreements in the Act.
39
40 CC. Counterparts. This Agreement may be executed in one or more counterparts, and by
41 different Parties hereto in separate counterparts, each of which when executed shall be
42 deemed to an original but all which taken together constitute one and the same agreement.
43
44 DD. Recording. Monroe County shall record this Agreement with the Clerk of the Circuit Court
45 of Monroe County within fourteen (14) days following signature by all Parties. SIMV agrees
46 that it shall be responsible for all recording fees and other related fees and costs related to the
Page 11 of 13
3131
I recording and delivery of this Agreement as described in this section. The provisions hereof
2 shall remain in full force and effect during the term provided herein and shall be binding
3 upon all successors in interest to the Parties to this Agreement.
4
5 EE. Conflicting Resolutions. All resolutions or parts thereof in conflict with the provisions of
6 this Agreement and its resolution are hereby repealed to the extent of such conflict.
7
8 FF. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid
9 under any applicable law or regulation, such provisions shall be inapplicable and deemed
10 omitted to the extent so contrary, prohibited, or invalid; however, the remainder of the
11 Agreement shall not be invalidated thereby and shall be given full force and effect as if the
12 contrary,prohibited, or invalid provision was never a part hereof.
13
14 IV. Effective Date. The "Effective Date" of this Agreement is forty-five (45) days after the duly
15 signed and recorded Agreement is received by the Florida Department of Economic
16 Opportunity pursuant to Chapter 380, Florida Statutes, and if appealed, until the appealed is
17 resolved and if challenged until the challenge is resolved.
18
19
20 [Rest of page intentionally left blank, signature page to follow]
21
Page 12 of 13
3132
1
2 IN WITNESS WHEREOF,the Parties hereto have set their hands and seals on the day and year
3 below written.
4
5 Longstock H.LLC
7 By. W- Z
8 onald Foss
9
10 Title: Manager
11
12 Date:
13
14 The foregoing instrument was acknowledged before me on this I& day of
15 2014,by Donald Foss,the manager of Longstock II, LLC. He is personally known to me and did
16 not take an oath.
17
18 County of r fz Notary Public
19 State of "" My commission expires
20
21 SEAL JANA CARTER
22 NOTARY PUBLIC
STATE OF FLORIDA
23 Commit EE223411
24 " Expires 8/8/2018
a
25
26
27 ' �� AVILIN CLERK MONROE COUNTY BOARD OF
28 COUNTY COMMISSIONERS
29
30 " ��
31 DEPUTY CLEAK MAYOR
2 MO N �C MY ATTORNEY
PRO D AS TO FOR
Date:
Page 13 of 13
3133
COON 1819016 01/04/2011 11:13Am
Filed & Recorded In Official Records of
MONROE COUNTY DANNY L. I(OLNAGE
This Document Prepared By and Return To:
Joe Miklas.Esq. 01/04/2012 11;13AM
Joe Mddas,P.A. DEED DOC STAMP CL: RHONDA $122,000.00
P.O.Box 366
Islamorada,FL 33036
Parcel ID Number: 9091103 et seq. Doen 182901s
Bkff 2499 PON 355
Special Warranty Deed
This Indenture, made this �day of December, 2010, between NEW STOCK
ISLAND PROPERTIES, LLC, a Delaware limited liability company, authorized to
do business in the State of Florida, having an address of 7009 Shrimp Road,
Suite 2, Key West, Monroe County, Florida 33040, grantor and
LONGSTOCK 11, LLC, a Florida limited liability company, having an address of
7009 Shrimp Road, Suite 2, Key West, Monroe County, Florida 33040,
grantee.
WITNESSETH that the Grantor, for and in consideration of the sum of TEN
($10) DOLLARS and other good and valuable consideration to Grantor in hand
paid by Grantee, the receipt whereof is hereby acknowledged, has granted,
bargained and sold to the said Grantee and Grantee's heirs, successors and
assigns forever, the following described land, situate, lying and being in the
County of Monroe, State of Florida, to wit:
SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" HERETO
NOTE: This is an absolute conveyance of the title in consideration of the
cancellation of the debt secured by the mortgage and is not intended to be an
additional security.
Together with all tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that grantor is lawfully
seized of said land in fee simple; that grantor has good right and lawful
authority to sell and convey said land; that grantor hereby fully warrants the
title to said land and will defend the same against the lawful claims of all
persons claiming by, through or under grantor.
1
Exhibit 1
3134
Doc# 1819016
8k# 2499 Pg# 356
In Witness Whereof, the grantor has hereunto set its hand and seal the day
and year first above written.
Signed, sealed and delivered NEW STOCK ISLAND PROPERTIES, LLC,
in our presence a Delaware limited liability company
By: New Stock Island Properties 11, LLC,
a Delaware limited liability company
its Member
By: New Stock Island Properties III, LLC,
Printed name: a Delaware limited liability company
Witness �y�+�
JJ its Member
lfw 61 rtf By: EVA Realty, LLC, a Delaware limited
P4nted name: Mop-e Ceeull) liability company its Manager
Witness By:, 4AL
MfLtI;hew 8tru
Title:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this -*6 4 day of
December, 2010, by Matthew Strunk, as AAgriud of EVA Realty,
LLC, the Manager of New Stock Island III, LLC, a Delaware limited liability
company, the Member of New Stock Island Properties 11, LLC, a Delaware
limited liability company, the Member of New Stock Island Properties, LLC, a
Delaware limited liability company, on behalf of said companies, who is
personally known to me or who produced baSbr'ijm1A;0. as identification.
No blic
nt N e:
(Seal) ion No. Oft"i 11 "1 0109622
Commission Expires: La tnjig
JANET GERENA
Notary Public,state of Now Yolk
NO.01GE6223275
uvp afi[� in ou
Commission ExpiresSuffolk 6CW07'1'2%-V4
2
Exhibit 1
3135
P,A7 ZT A SkN 249990Pgq 357
PARCEL A:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST;
484.79 FEET; THENCE BEAR SOUTH 05 DEGREES 39 MINUTES 55 SECONDS WEST,
938.76 FEET; THENCE BEAR SOUTH 08 DEGREES 09 MINUTES 05 SECONDS EAST
249.71 FEET; THENCE BEAR SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST,
131.51 FEET; THENCE BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST,
456.55 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND AND
SUBMERGED LANDS HEREIN AFTER DESCRIBED; FROM SAID POINT OF BEGINNING
CONTINUE BEARING SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST,
119.17FEET; THENCE BEAR SOUTH 05 DEGREES 54 MINUTES 55 SECONDS WEST,
186.69 FEET; THENCE BEAR SOUTH 84 DEGREES 05 MINUTES 05 SECONDS EAST,
175.00 FEET TO A POINT; THENCE BEAR NORTH 34 DEGREES 32 MINUTES 55
SECONDS EAST, 116.44 FEET TO A POINT; THENCE BEAR NORTH 89 DEGREES 27
MINUTES 55 SECONDS EAST, 915.36 FEET TO A POINT; THENCE BEAR NORTH 06
DEGREES 02 MINUTES 03 SECONDS WEST, 230.00 FEET, TO A POINT WHICH IS
BEARING NORTH 89 DEGREES 27 MINUTES 55 SECONDS EAST FROM THE
AFOREMENTIONED POINT OF BEGINNING; THENCE BEAR SOUTH 89 DEGREES 27
MINUTES 55 SECONDS WEST FOR A DISTANCE OF 1108.00 FEET BACK TO THE
POINT OF BEGINNING.
PARCEL B:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH
STREET AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK
ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE .PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA, BEAR SOUTH 83 DEGREES, 56 MINUTES EAST, 485.00
FEET; THENCE BEAR SOUTH 05 DEGREES, 47 MINUTES WEST, 938.88 FEET;
THENCE BEAR SOUTH 08 DEGREES, 02 MINUTES EAST, 249.71 FEET; THENCE BEAR
SOUTH 14 DEGREES, 31 MINUTES EAST, 131.51 FEET; THENCE BEAR SOUTH 02
DEGREES, 04 MINUTES WEST, 262.26 FEET TO THE POINT OF BEGINNING OF THE
TRACT OF LAND AND SUBMERGED LAND HEREINAFTER DESCRIBED; THENCE
SOUTH 84 DEGREES 19 MINUTES EAST, 140 FEET MORE OR LESS TO THE OUTSIDE
FACE OF AN EXISTING CONCRETE SEAWALL; THENCE BEAR NORTH 88 DEGREES, 56
MINUTES EAST, 970 FEET, MORE OR LESS, OUT INTO AN EXISTING SLIP; THENCE
BEAR SOUTH 05 DEGREES, 55 MINUTES WEST, 180 FEET, MORE OR LESS, TO THE
CENTER LINE OF AN EXISTING SPIT OF LAND; THENCE BEAR SOUTH 89 DEGREES,
32 MINUTES WEST, ALONG SAID CENTER LINE OF SAID SPIT OF LAND 1108 FEET,
MORE OR LESS, TO A POINT WHICH IS BEARING SOUTH 02 DEGREES, 04 MINUTES
WEST FROM THE POINT OF BEGINNING; THENCE BEAR NORTH 02 DEGREES, 04
MINUTES EAST, 194.29 FEET BACK TO THE POINT OF BEGINNING.
ALSO DESCRIBED AND INSURED AS:
3
Exhibit 1
3136
Coon 1819016
Bkn 2499 Pqn 358
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST
484.79 FEET; THENCE BEAR SOUTH 05 DEGREES 39 MINUTES 55 SECONDS WEST,
938.76 FEET; THENCE BEAR SOUTH 08 DEGREES 09 MINUTES 05 SECONDS EAST
249.71 FEET; THENCE BEAR SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST
131.51 FEET; THENCE BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST
262.26 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND AND
SUBMERGED LAND HEREINAFTER DESCRIBED; THENCE SOUTH 84 DEGREES 26
MINUTES 05 SECONDS EAST, 131.81 FEET TO THE OUTSIDE FACE OF AN EXISTING
CONCRETE SEAWALL; THENCE BEAR NORTH 88 DEGREES 48 MINUTES 55 SECONDS
EAST 977.77 FEET OUT INTO AN EXISTING SLIP; THENCE BEAR SOUTH 05 DEGREES
37 MINUTES 29 SECONDS WEST, 192.30 FEET TO THE CENTERLINE OF AN EXISTING
SPIT OF LAND; THENCE BEAR SOUTH 89 DEGREES 27 MINUTES 55 SECONDS WEST,
ALONG SAID CENTERLINE OF SAID SPIT OF LAND 1096.56 FEET TO A POINT WHICH
IS BEARING SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST FROM THE POINT
OF BEGINNING; THENCE BEAR NORTH 01 DEGREES 56 MINUTES 55 SECONDS EAST,
194.29 FEET BACK TO POINT OF BEGINNING.
PARCEL C:
A TRACT OF LAND AND SUBMERGED LAND AT STOCK ISLAND, MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND AS
RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, BEAR SOUTH 84° 02' 07" EAST, 484.79 FEET; THENCE BEAR
SOUTH 05° 39' 55" WEST, 938.76 FEET; THENCE BEAR SOUTH 08° 09' 05" EAST,
249.71 FEET; THENCE BEAR SOUTH 14° 38' 05" EAST, 36.68 FEET TO THE POINT OF
BEGINNING OF THE TRACT OF LAND AND SUBMERGED LANDS HEREINAFTER
DESCRIBED; THENCE CONTINUE BEARING SOUTH 14° 38' 05" EAST, 94.83 FEET;
THENCE BEAR SOUTH 01° 56' 55" WEST, 82.95 FEET; THENCE BEAR NORTH 89° 24'
55" EAST, 1120.76 FEET, OUT ONTO A SPIT OF LAND TO THE SHORELINE; THENCE
BEAR NORTH 05037'29" EAST, 161.06 FEET TO A POINT; THENCE BEAR SOUTH 890
24' 55" WEST, 1000.60 FEET TO A POINT ON A CONCRETE SEAWALL, SAID POINT
BEARING SOUTH 85° 13' 05" EAST FROM THE POINT OF BEGINNING; THENCE BEAR
NORTH 850 13' 05" WEST, 157.63 FEET TO THE POINT OF BEGINNING.
PARCEL E:
A PARCEL OF FILLED LAND AND ADJACENT BAY BOTTOM LYING SOUTHERLY OF
BLOCK 57, MALONEY'S SUBDIVISION OF A PART OF STOCK ISLAND, MONROE
COUNTY, FLORIDA AS RECORDED IN PLAT BOOK 1 AT PAGE 55 OF MONROE COUNTY
PUBLIC RECORDS AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM THE INTERSECTION OF THE EASTERLY LINE OF 5TH STREET (AS
CONSTRUCTED) AND THE SOUTHERLY LINE OF 5TH AVENUE (AS CONSTRUCTED) GO
EASTERLY ALONG THE SOUTHERLY LINE OF 5TH AVENUE A DISTANCE OF 500 FEET
TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A DISTANCE OF 730 FEET
TO A POINT; THENCE EASTERLY AND AT RIGHT ANGLES A DISTANCE OF 191.5 FEET
4
Exhibit 1
r 3137
Docq 1819016
8kq 2499 PoN 359
TO A POINT WHICH IS THE POINT OF BEGINNING; THENCE CONTINUE EASTERLY
ALONG THE PROLONGATION OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE
OF 393.5 FEET TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A
DISTANCE OF 226.08 FEET TO A POINT;THENCE EASTERLY AND AT RIGHT ANGLES A
DISTANCE OF 125 FEET TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A
DISTANCE OF 20 FEET TO A POINT IN AN EXISTING SEAWALL; THENCE WESTERLY
AND PARALLEL WITH THE SOUTHERLY FACE OF SAID SEAWALL A DISTANCE OF
450.1 FEET TO A POINT; THENCE NORTHERLY AND AT RIGHT ANGLES TO A
SOUTHERLY LINE OF FIFTH AVENUE A DISTANCE OF 30 FEET TO A POINT; THENCE
WESTERLY AND AT RIGHT ANGLES A DISTANCE OF 68.5 FEET TO A POINT; THENCE
NORTHERLY AND AT RIGHT ANGLES A DISTANCE OF 227.2 FEET BACK TO THE POINT
OF BEGINNING.
ALSO
A PARCEL OF BAY BOTTOM SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY
LINE OF THE ABOVE DESCRIBED PARCEL, SAID BAY BOTTOM BEING 10 FEET WIDE.
ALSO DESCRIBED AND INSURED AS:
A PARCEL OF FILLED LAND AND ADJACENT BAY BOTTOM LYING SOUTHERLY OF
BLOCK 57, MALONEY'S SUBDIVISION OF A PART OF STOCK ISLAND, MONROE
COUNTY, FLORIDA AS RECORDED IN PLAT BOOK i AT PAGE 55 OF MONROE COUNTY
PUBLIC RECORDS AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 84" 02' 07" E, ALONG
SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE 499.98 FEET TO THE EASTERLY LINE
OF AN EASEMENT AGREEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 780,
PAGE 1169 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA;THENCE S 05"
57' 53" W, ALONG SAID EASTERLY LINE, A DISTANCE 729.82 FEET TO THE
SOUTHERLY LINE OF AN INGRESS/EGRESS EASEMENT AS RECORDED IN OFFICIAL
RECORDS BOOK 1239, PAGE 464 OF THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA; THENCE S 84" 02' 07" E, ALONG SAID SOUTHERLY LINE, A DISTANCE
191.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID
SOUTHERLY LINE S 84002-07" E, A DISTANCE OF 393.51; THENCE S 06" 00' 38" W, A
DISTANCE OF 227.17 FEET; THENCE S 85° 29' 39" E, A DISTANCE OF 125.00 FEET;
THENCE S 06" 01' 16" W, A DISTANCE OF 20.01 FEET TO THE SOUTHERLY FACE OF A
CONCRETE SEAWALL; THENCE N 85" 29' 39" W, ALONG SAID SOUTHERLY LINE, A
DISTANCE OF 450.10 FEET; THENCE N 06" 23' 31" E, A DISTANCE OF 30.00 FEET;
THENCE N 85" 29' 39" W, A DISTANCE 68.50 FEET; THENCE N 05" 56' 58" E, A
DISTANCE OF 227.20 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
A PARCEL OF BAY BOTTOM SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY
LINE OF THE ABOVE DESCRIBED PARCEL, SAID BAY BOTTOM BEING 10 FEET WIDE.
TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER AND UPON THE
FOLLOWING DESCRIBED PROPERTY, RECORDED IN OFFICIAL RECORDS BOOK 1239,
PAGE 464, AND ALSO IN OFFICIAL RECORDS BOOK 2287, PAGE 719, PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA, SITUATED, LYING AND BEING IN THE
COUNTY OF MONROE, STATE OF FLORIDA, TO WIT: A PARCEL OF LAND LYING
SOUTHERLY OF BLOCK 57, MALONEY'S SUBDIVISION OF PART OF STOCK ISLAND,
MONROE COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 1, AT PAGE 55, MONROE
5
Exhibit 1
3138
Doc" 1819016
8k" 2499 Py" 360
COUNTY OFFICIAL RECORDS, AND IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
FROM THE INTERSECTION OF THE EAST LINE OF 5TH STREET (AS CONSTRUCTED)
AND THE SOUTHERLY LINE OF 5TH AVENUE (AS CONSTRUCTED) GO WESTERLY
ALONG THE SOUTHERLY LINE OF 5TH AVENUE A DISTANCE OF 499 FEET TO A
POINT, WHICH POINT IS THE POINT OF BEGINNING; THENCE SOUTHERLY AND AT
RIGHT ANGLES A DISTANCE OF 701 FEET TO A POINT; THENCE EASTERLY AND AT
RIGHT ANGLES A DISTANCE OF 586 FEET TO A POINT; THENCE SOUTHERLY AND AT
RIGHT ANGLES A DISTANCE OF 29 FEET TO A POINT; THENCE WESTERLY AND AT
RIGHT ANGLES A DISTANCE OF 615 FEET TO A POINT; THENCE NORTHERLY AND AT
RIGHT ANGLES A DISTANCE OF 730 FEET TO A POINT IN THE SOUTHERLY LINE OF
5TH AVENUE; THENCE EASTERLY AND AT RIGHT ANGLES AND ALONG THE
SOUTHERLY LINE OF 5TH AVENUE A DISTANCE OF 29 FEET BACK TO THE POINT OF
BEGINNING.
SAID EASEMENT ALSO DESCRIBED AND INSURED AS:
A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST,
MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF BLOCK 57 OF MCDONALD'S PLAT OF A
PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY RIGHT-
OF-WAY LINE OF FIFTH AVENUE SOUTH 84-02-07" EAST, A DISTANCE OF 499.98
FEET TO THE WEST LINE OF TRUSTEE'S DEED N0.20083 AS RECORDED IN O.R.
BOOK G-65, PAGE 82; THENCE LEAVING SAID LINE SOUTH 05° 57' 53" WEST, ALONG
SAID LINE A DISTANCE OF 699.82 FEET TO THE POINT OF BEGINNING; THENCE
SOUTH 84° 02' 07" EAST, PARALLEL WITH THE SOUTHERLY LINE OF SAID FIFTH
AVENUE A DISTANCE OF 740.00 FEET; THENCE SOUTH 059 57' 53" WEST, A
DISTANCE OF 40.00 FEET; THENCE NORTH 84' 02' 07" WEST, A DISTANCE OF 155.00
FEET; THENCE NORTH 05° 57' 53" EAST, A DISTANCE OF 10.00 FEET; THENCE
NORTH 84° 02' 07" WEST, A DISTANCE OF 585.00 FEET TO THE WEST LINE OF SAID
TRUSTEE'S DEED; THENCE NORTH 050 57' 53" EAST, ALONG SAID LINE A DISTANCE
OF 30,00 FEET TO THE POINT OF BEGINNING.
PARCEL F;
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, BEAR SOUTH 83 DEGREES AND 56 MINUTES EAST, 485,00 FEET; THENCE
BEAR SOUTH 05 DEGREES AND 47 MINUTES WEST, 938.88 FEET; THENCE BEAR
SOUTH 08 DEGREES AND 02 MINUTES EAST, 249.71 FEET; THENCE BEAR SOUTH 14
DEGREES AND 31 MINUTES EAST, 131.51 FEET; THENCE BEAR SOUTH 02 DEGREES
AND 04 MINUTES WEST, 82.95 FEET TO THE POINT OF BEGINNING OF THE TRACT OF
LAND AND SUBMERGED LANDS HEREINAFTER DESCRIBED; THENCE CONTINUE
BEARING SOUTH 02 DEGREES AND 04 MINUTES WEST, 179.31 FEET; THENCE BEAR
SOUTH 84 DEGREES AND 19 MINUTES EAST, 140.00 FEET, MORE OR LESS, TO THE
OUTSIDE FACE OF AN EXISTING CONCRETE SEAWALL; THENCE BEAR NORTH 88
DEGREES AND 56 MINUTES EAST OUT INTO A SLIP 970 FEET, MORE OR LESS, TO A
POINT; THENCE BEAR NORTH 05 DEGREES AND 55 MINUTES EAST, 150.00 FEET,
MORE OR LESS, TO A POINT WHICH IS BEARING NORTH 89 DEGREES AND 32
MINUTES EAST FROM THE POINT OF BEGINNING; THENCE BEAR SOUTH 89
6
Exhibit 1
3139
Docu 1819016
Bkp 2499 PSU 361
DEGREES AND 32 MINUTES WEST, 1120.00 FEET, MORE OR LESS, BACK TO THE
POINT OF BEGINNING.
ALSO DESCRIBED AND INSURED AS:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST, 484.79 FEET;
THENCE BEAR SOUTH 05 DEGREES 39 MINUTES 55 SECONDS WEST, 938.76 FEET;
THENCE BEAR SOUTH 08 DEGREES 09 MINUTES 05 SECONDS EAST, 249.71 FEET;
THENCE SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST, 131.51 FEET; THENCE
BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST, 82.95 FEET TO THE
POINT OF BEGINNING OF THE TRACT OF LAND AND SUBMERGED LANDS
HEREINAFTER DESCRIBED; THENCE CONTINUE BEARING SOUTH 01 DEGREES 56
MINUTES 55 SECONDS WEST, 179.31 FEET; THENCE BEAR SOUTH 84 DEGREES 26
MINUTES 05 SECONDS EAST, 131.81 FEET TO THE OUTSIDE FACE OF AN EXISTING
CONCRETE SEAWALL; THENCE BEAR NORTH 88 DEGREES 48 MINUTES 55 SECONDS
EAST OUT INTO A SLIP, 977.77 FEET TO A POINT;THENCE BEAR NORTH 05 DEGREES
37 MINUTES 29 SECONDS EAST, 184.10 FEET TO A POINT WHICH IS BEARING NORTH
89 DEGREES 24 MINUTES 55 SECONDS EAST FROM THE POINT OF BEGINNING;
THENCE BEAR SOUTH 89 DEGREES 24 MINUTES 55 SECONDS WEST, 1120.76 FEET
BACK TO THE POINT OF BEGINNING.
PARCEL G:
A PARCEL OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED-IN PLAT BOOK 1, PAGE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 84° 02' 07" E ALONG
THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 484.98 FEET; THENCE S 05° 57'
53" W FOR A DISTANCE OF 938.76 FEET; THENCE S 080 09' 05" E FOR A DISTANCE OF
109.75 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 08° 09' 05" E, A
DISTANCE OF 139.96 FEET; THENCE S 14° 38' 05" E, A DISTANCE OF 32.68 FEET;
THENCE S 850 13' 05" E, A DISTANCE OF 157.63 FEET; THENCE N 89° 24' 55" E, A
DISTANCE OF 49.99 FEET; THENCE N 05° 12' 11" E, A DISTANCE OF 161.18 FEET;
THENCE N 84° 02' 55" W, A DISTANCE OF 252.15 FEET TO THE POINT OF
BEGINNING.
PARCEL H:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH 84° 02' 07" EAST
ALONG THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 484.79 FEET; THENCE
SOUTH 05° 39' 55" WEST FOR A DISTANCE 938.76 FEET; THENCE SOUTH 080 09' 05"
EAST FOR A DISTANCE OF 42.15 FEET TO THE EASTERLY LINE OF A 30 FOOT
EASEMENT AND THE EASTERLY RIGHT-OF-WAY LINE OF SHRIMP ROAD AS
7
Exhibit 1
3140
Doen 1820016
Bko 2499 PON 362
RECORDED IN O.R. BOOK 2030, PAGE 949 (PARCEL A TRACT 1), OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE
LEAVING SAID LINE SOUTH 08°09'05" EAST, A DISTANCE OF 207.56 FEET; THENCE
SOUTH 14°38'05" EAST, A DISTANCE OF 131.51 FEET; THENCE SOUTH 01° 56' 55"
WEST, A DISTANCE OF 575.72 FEET; THENCE SOUTH 05° 54' 55" WEST, A DISTANCE
OF 186.69 FEET; THENCE SOUTH 84° 05' 05" EAST, A DISTANCE OF 175.00 FEET;
THENCE NORTH 340 32' 55" EAST, A DISTANCE OF 116.44 FEET; THENCE NORTH 89°
27' 55" EAST, A DISTANCE OF 915.36 FEET; THENCE SOUTH 01* 07' 35" WEST, A
DISTANCE OF 384.62 FEET; THENCE NORTH 84' 02' 07" WEST, A DISTANCE OF 30.84
FEET TO A MEAN HIGH WATER LINE; THENCE ALONG SAID MEAN HIGH WATER LINE
THE FOLLOWING TWENTY SEVEN (27) COURSES: 1. NORTH 08° 33' 02" EAST, A
DISTANCE OF 25.26 FEET; 2. NORTH 01°03' 10"WEST, A DISTANCE OF 36.70 FEET; 3.
NORTH 16011'45" WEST, A DISTANCE OF 18.64 FEET; 4. NORTH 01°20'32" WEST, A
DISTANCE OF 27.71 FEET; 5. NORTH 05°48'23" EAST, A DISTANCE OF 27.11 FEET; 6.
NORTH 07.24'12" WEST, A DISTANCE OF 86.16 FEET; 7. NORTH 11° 54-19" EAST, A
DISTANCE OF 34.64 FEET; 8. NORTH 09°22'05" WEST, A DISTANCE OF 27.51 FEET; 9.
NORTH 570 40'41" WEST, A DISTANCE OF 4.94 FEET; 10. NORTH 840 56' 08" WEST, A
DISTANCE OF 14.50 FEET; 11. NORTH 61903'44" WEST, A DISTANCE OF 14.78 FEET;
12. SOUTH 85047'17" WEST, A DISTANCE OF 117.62 FEET; 13. SOUTH 83015'58"
WEST, A DISTANCE OF 26.59 FEET; 14. NORTH 85° 01' 19" WEST, A DISTANCE OF
21.47 FEET; 15. SOUTH 80037'17" WEST, A DISTANCE OF 8.06 FEET; 16. NORTH
75*44*52" WEST, A DISTANCE OF 11.67 FEET; 17. SOUTH 86° 09' 28" WEST, A
DISTANCE OF 82.77 FEET; 18. SOUTH 89° 59' 29" WEST, A DISTANCE OF 40.54 FEET;
19. NORTH 64026'30" WEST, A DISTANCE OF 6,15 FEET; 20. SOUTH 88*41'05" WEST, A
DISTANCE OF 60.16 FEET; 21. SOUTH 79°29'50" WEST, A DISTANCE OF 36.47 FEET;
22. NORTH 88007'58" WEST, A DISTANCE OF 57.82 FEET; 23. NORTH 86° 26' 25"
WEST, A DISTANCE OF 91.35 FEET; 24. SOUTH 88° 24' 02" WEST, A DISTANCE OF
97.85 FEET; 25. SOUTH 81039'19" WEST, A DISTANCE OF 76.27 FEET; 26. SOUTH
86°43'16" WEST, A DISTANCE OF 75.93 FEET; 27. SOUTH 81° 33' 16" WEST, A
DISTANCE OF 23.73 FEET; THENCE LEAVING SAID LINE SOUTH 07052'54" WEST, A
DISTANCE OF 138.68 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SHRIMP
ROAD PER QUIT CLAIM DEED RECORDED IN O.R. BOOK 2030, PAGE 949, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA;THENCE ALONG THE NORTHERLY
AND EASTERLY RIGHT-OF-WAY LINE OF SAID SHRIMP ROAD THE FOLLOWING THREE
(3) COURSES AND DISTANCES: 1, NORTH 84° 02' 07" WEST, A DISTANCE OF 288.11
FEET TO A POINT OF CURVATURE; 2. NORTHWESTERLY ALONG THE ARC OF A
CURVE TO THE RIGHT, HAVING A RADIUS OF 75.00 FEET, AN ARC LENGTH OF 115.28
FEET, A CENTRAL ANGLE OF 88° 03' 57", AND A CHORD BEARING AND DISTANCE OF
NORTH 40000*08" WEST, 104.26 FEET; 3. NORTH 04001'50" EAST, A DISTANCE OF
555,62 FEET TO THE NORTHERN TERMINUS OF PARCEL A TRACT 2 OF SAID QUIT
CLAIM ON THE WEST LINE OF TRUSTEES DEED NO.20083 O.R.BOOK G-65, PAGE 82;
THENCE NORTH 05°57'53" EAST, ALONG SAID LINE A DISTANCE OF 606.85 FEET TO
THE POINT OF BEGINNING.
AND ALSO: BAY BOTTOM
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S. 84°02'07" E. ALONG
THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 499.98 FEET; THENCE S.
05°57'53" W. FOR A DISTANCE OF 2242,25 FEET; THENCE S.84°02'07"E., A DISTANCE
OF 1310.00 FEET, TO THE POINT OF BEGINNING;THENCE CONTINUE S.84°02'07"E.,A
DISTANCE OF 363.01 FEET TO THE CENTERLINE OF THE ENTRANCE OF THE
8
Exhibit 1
3141
DOCK 1819016
BkN 2499 Pap 363
HARBOR; THENCE N.08-15-27"W., A DISTANCE OF 959.38 FEET; THENCE S. 81044133"
W., A DISTANCE OF 132.23 FEET; THENCE N. 05047'25" W., A DISTANCE OF 658.21
FEET; THENCE N. 83*54'54" W., A DISTANCE OF 255.03 FEET TO THE WESTERLY
PART OF THE BAY BOTTOM LINE; THENCE MEANDER THE SAID BAY BOTTOM LINE
SOUTHERLY FOR A CHORD OF S.14*34',07" E., A DISTANCE OF 284.16 FEET; THENCE
N. 85029'39" W., A DISTANCE OF 310.00 FEET; THENCE S. 06*01'16" W., A DISTANCE
OF 10.00 FEET; THENCE N. 85929'39" W., A DISTANCE OF 450.16 FEET; THENCE S.
06023'31" W., A DISTANCE OF 49.85 FEET; THENCE S. 84o02'55" E., A DISTANCE OF
9.27 FEET; THENCE S. 05*12'11" W., A DISTANCE OF 161.18 FEET; THENCE N.
88*24'55" E., A DISTANCE OF 950.61 FEET, THENCE S. 05'3T29" W., A DISTANCE OF
537,46 FEET; THENCE N. 89*27'55" E., A DISTANCE OF 11,44 FEET; THENCE S.
06002'03" E., A DISTANCE OF 230.00 FEET; THENCE S.01*07'35" W., A DISTANCE OF
384.62 FEET TO THE POINT OF BEGINNING,
PARCEL 1: Intentionally Omitted (Leasehold/Option terminated effective 713112010)
PARCEL J:
A PARCEL OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF FIFTH
STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF THE PLAT
OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 84' 02' 07' e ALONG THE SAID
SOUTHERLY LINE OF FIFTH AVENUE FOR 499.98 FEET; THENCE S OS' 57' 53"W FOR
A DISTANCE OF 913.46 FEET TO THE POINT OF BEGINNING; THENCE S 84* 02' 07" E,
FOR A DISTANCE OF 191.55 FEET; THENCE S 050 56' 58" Ws A DISTANCE OF 43.56
FEET; THENCE S 850 29'40" E, A DISTANCE OF 68.50 FEET; THENCE S 06* 23'31" W,
A DISTANCE OF 89.85 FEET; THENCE N 8411 02' 55" W, A DISTANCE OF 242.88 FEET;
THENCE N 080 09' 05' W, A DISTENCE OF 67.60 FEET; THENCE N 05* 57' 53' E, A
DISTANCE OF 66.17 FEET TO THE POINT OF BEGINNING,
AS TO ALL PARCELS:
TOGETHER WITH THOSE BENEFICIAL EASEMENTS RECORDED IN OFFICIAL
RECORDS BOOK 780, PAGE 1169, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PARCEL OF LAND ON STOCK ISLAND, MONROE COUNTY, FLORIDA, AND BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF BLOCK 57 OF MCDONALD'S PLAT OF A
PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK I AT PAGE 55 OF PUBLIC
RECORDS, OF MONROE COUNTY, FLORIDA AND RUN THENCE SOUTH 83 DEGREES,
56 MINUTES EAST ALONG THE NORTH BOUNDARY LINE OF SAID BLOCK 57 FOR A
DISTANCE OF 470 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND
BEING DESCRIBED HEREIN; THENCE RUN SOUTH 6 DEGREES 04 MINUTES WEST
FOR A DISTANCE OF 1283.02 FEET; THENCE RUN SOUTH 41 DEGREES 58 MINUTES
EAST FOR A DISTANCE OF 40.35 FEET TO THE SOUTHEAST CORNER OF TRUSTEES
OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO.
24078 AND THE WEST BOUNDARY LINE OF TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 20083; THENCE RUN
SOUTH 6 DEGREES 04 MINUTES WEST ALONG THE WEST BOUNDARY LINE OF SAID
TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO. 20083 FOR A DISTANCE OF 932.25 FEET TO THE SOUTHWEST CORNER OF
9
Exhibit 1
3142
Dona 1819016
Bk11 2499 PgX 364
SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO. 20083; THENCE RUN SOUTH 83 DEGREES 56 MINUTES EAST ALONG THE
SOUTH BOUNDARY LINE OF SAID'TRUSTEES OF THE INTERNAL IMPROVEMENT FUND
OF THE STATE OF FLORIDA DEED NO. 20083, THE SOUTH BOUNDARY LINE OF
TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO, 19837-A AND THE NORTH BOUNDARY LINE OF TRUSTEES OF THE
INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 20793 FOR A
DISTANCE OF 1116.72 FEET; THENCE RUN NORTH 6 DEGREES 04 MINUTES EAST
FOR A DISTANCE OF 30 FEET; THENCE RUN NORTH 83 DEGREES 56 MINUTES WEST
FOR A DISTANCE OF 1086.72 FEET; THENCE RUN NORTH 6 DEGREES 04 MINUTES
EAST FOR A DISTANCE OF 915.62 FEET; THENCE RUN NORTH 41 DEGREES 58
MINUTES WEST FOR A DISTANCE OF 40.35 FEET TO THE WEST BOUNDARY LINE OF
SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO. 20083 AND THE EAST BOUNDARY LINE OF SAID TRUSTEES OF THE
INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 24078;
THENCE RUN NORTH 6 DEGREES 04 MINUTES EAST ALONG THE WEST BOUNDARY
LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF
FLORIDA DEED NO. 20083 AND THE EAST BOUNDARY LINE OF SAID TRUSTEES OF
THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 24078,
EXTENDED NORTHERLY, FOR A DISTANCE OF 1269.65 FEET TO THE NORTH
BOUNDARY LINE OF SAID BLOCK 57;THENCE RUN NORTH 83 DEGREES 56 MINUTES
WEST ALONG THE NORTH BOUNDARY LINE OF THE SAID BLOCK 57 FOR A DISTANCE
OF 30 FEET BACK TO THE POINT OF BEGINNING.
SAID EASEMENT ALSO DESCRIBED AND INSURED AS:
A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST,
MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF BLOCK 57 OF MCDONALD'S PLAT OF A
PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK I, PAGE 55 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY RIGHT-
OF-WAY LINE OF FIFTH AVENUE SOUTH 84002'07" EAST, A DISTANCE OF 469.98
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 84°02'07" EAST, A
DISTANCE OF 30.00 FEET TO THE WEST LINE OF TRUSTEE'S DEED NO. 20083 AS
RECORDED IN O.R. BOOK 0-65, PAGE 82; THENCE ALONG SAID LINE SOUTH
05°57'53" WEST, A DISTANCE OF 1,268.45 FEET; THENCE LEAVING SAID LINE SOUTH
42004*07" EAST, A DISTANCE OF 40.35 FEET; THENCE SOUTH 05057'53" WEST, A
DISTANCE OF 916.82 FEET; THENCE SOUTH 84002'07" EAST, A DISTANCE OF
1,086.72 FEET; THENCE SOUTH 05°57`53" WEST, A DISTANCE OF 30.00 FEET TO THE
SOUTH LINE OF TRUSTEE'S DEED NO. 20083 AS RECORDED IN OR BOOK 0-65, PAGE
82; THENCE ALONG SAID LINE NORTH 84°02'07" WEST, A DISTANCE OF 1,116.72
FEET TO THE WEST LINE OF TRUSTEE'S DEED NO. 20083 AS RECORDED IN O.R.
BOOK G-65, PAGE 82; THENCE ALONG Sold LINE NORTH 05°57'53" EAST, A DISTANCE
OF 933.45 FEET; THENCE LEAVING Sold LINE NORTH 42004'OT' WEST, A DISTANCE
OF 40.35 FEET; THENCE NORTH 05°5T53" EAST, A DISTANCE OF 1,281.82 FEET TO
THE POINT OF BEGINNING.
MONROE COUNTY
OFFICIAL PUBLIC RECORD
10
Exhibit 1
3143
LEGAL DESCRIPTION
Oven
EXHIBIT A 8kN 2499mls PgN 357
PARCEL A:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST;
484.79 FEET; THENCE BEAR SOUTH 05 DEGREES 39 MINUTES 55 SECONDS WEST,
938.76 FEET; THENCE BEAR SOUTH 08 DEGREES 09 MINUTES 05 SECONDS EAST
249.71 FEET; THENCE BEAR SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST,
131.51 FEET; THENCE BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST,
456.55 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND AND
SUBMERGED LANDS HEREIN AFTER DESCRIBED; FROM SAID POINT OF BEGINNING
CONTINUE BEARING SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST,
119.17FEET; THENCE BEAR SOUTH 05 DEGREES 54 MINUTES 55 SECONDS WEST,
186.69 FEET; THENCE BEAR SOUTH 84 DEGREES 05 MINUTES 05 SECONDS EAST,
175.00 FEET TO A POINT; THENCE BEAR NORTH 34 DEGREES 32 MINUTES 55
SECONDS EAST, 116.44 FEET TO A POINT; THENCE BEAR NORTH 89 DEGREES 27
MINUTES 55 SECONDS EAST, 915.36 FEET TO A POINT; THENCE BEAR NORTH 06
DEGREES 02 MINUTES 03 SECONDS WEST, 230.00 FEET, TO A POINT WHICH IS
BEARING NORTH 89 DEGREES 27 MINUTES 55 SECONDS EAST FROM THE
AFOREMENTIONED POINT OF BEGINNING; THENCE BEAR SOUTH 89 DEGREES 27
MINUTES 55 SECONDS WEST FOR A DISTANCE OF 1108.00 FEET BACK TO THE
POINT OF BEGINNING.
PARCEL B:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH
STREET AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK
ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA, BEAR SOUTH 83 DEGREES, 56 MINUTES EAST, 485.00
FEET; THENCE BEAR SOUTH 05 DEGREES, 47 MINUTES WEST, 938.88 FEET;
THENCE BEAR SOUTH 08 DEGREES, 02 MINUTES EAST, 249.71 FEET; THENCE BEAR
SOUTH 14 DEGREES, 31 MINUTES EAST, 131.51 FEET; THENCE BEAR SOUTH 02
DEGREES, 04 MINUTES WEST, 262.26 FEET TO THE POINT OF BEGINNING OF THE
TRACT OF LAND AND SUBMERGED LAND HEREINAFTER DESCRIBED; THENCE
SOUTH 84 DEGREES 19 MINUTES EAST, 140 FEET MORE OR LESS TO THE OUTSIDE
FACE OF AN EXISTING CONCRETE SEAWALL;THENCE BEAR NORTH 88 DEGREES, 56
MINUTES EAST, 970 FEET, MORE OR LESS, OUT INTO AN EXISTING SLIP; THENCE
BEAR SOUTH 05 DEGREES, 55 MINUTES WEST, 180 FEET, MORE OR LESS, TO THE
CENTER LINE OF AN EXISTING SPIT OF LAND; THENCE BEAR SOUTH 89 DEGREES,
32 MINUTES WEST, ALONG SAID CENTER LINE OF SAID SPIT OF LAND 1108 FEET,
MORE OR LESS, TO A POINT WHICH IS BEARING SOUTH 02 DEGREES, 04 MINUTES
WEST FROM THE POINT OF BEGINNING; THENCE BEAR NORTH 02 DEGREES, 04
MINUTES EAST, 194.29 FEET BACK TO THE POINT OF BEGINNING.
ALSO DESCRIBED AND INSURED AS:
3
Exhibit 2
3144
LEGAL DESCRIPTION
DOG# 1819016
Bkq 2499 Pq# 358
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST
484.79 FEET; THENCE BEAR SOUTH 05 DEGREES 39 MINUTES 55 SECONDS WEST,
938.76 FEET; THENCE BEAR SOUTH 08 DEGREES 09 MINUTES 05 SECONDS EAST
249.71 FEET; THENCE BEAR SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST
131.51 FEET; THENCE BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST
262.26 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND AND
SUBMERGED LAND HEREINAFTER DESCRIBED; THENCE SOUTH 84 DEGREES 26
MINUTES 05 SECONDS EAST, 131.81 FEET TO THE OUTSIDE FACE OF AN EXISTING
CONCRETE SEAWALL; THENCE BEAR NORTH 88 DEGREES 48 MINUTES 55 SECONDS
EAST 977.77 FEET OUT INTO AN EXISTING SLIP; THENCE BEAR SOUTH 05 DEGREES
37 MINUTES 29 SECONDS WEST, 192.30 FEET TO THE CENTERLINE OF AN EXISTING
SPIT OF LAND; THENCE BEAR SOUTH 89 DEGREES 27 MINUTES 55 SECONDS WEST,
ALONG SAID CENTERLINE OF SAID SPIT OF LAND 1096.56 FEET TO A POINT WHICH
IS BEARING SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST FROM THE POINT
OF BEGINNING; THENCE BEAR NORTH 01 DEGREES 56 MINUTES 55 SECONDS EAST,
194.29 FEET BACK TO POINT OF BEGINNING.
PARCEL C:
A TRACT OF LAND AND SUBMERGED LAND AT STOCK ISLAND, MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND AS
RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, BEAR SOUTH 84' 02' 07" EAST, 484.79 FEET; THENCE BEAR
SOUTH 05' 39' 55" WEST, 938.76 FEET; THENCE BEAR SOUTH 08' 09' 05" EAST,
249.71 FEET; THENCE BEAR SOUTH 14' 38' 05" EAST, 36.68 FEET TO THE POINT OF
BEGINNING OF THE TRACT OF LAND AND SUBMERGED LANDS HEREINAFTER
DESCRIBED; THENCE CONTINUE BEARING SOUTH 14' 38' 05" EAST, 94.83 FEET;
THENCE BEAR SOUTH 01' 56' 55" WEST, 82.95 FEET; THENCE BEAR NORTH 89' 24'
55" EAST, 1120.76 FEET, OUT ONTO A SPIT OF LAND TO THE SHORELINE; THENCE
BEAR NORTH 05'37'29" EAST, 161.06 FEET TO A POINT; THENCE BEAR SOUTH 89'
24' 55" WEST, 1000.60 FEET TO A POINT ON A CONCRETE SEAWALL, SAID POINT
BEARING SOUTH 85' 13' 05" EAST FROM THE POINT OF BEGINNING; THENCE BEAR
NORTH 85' 13' 05" WEST, 157.63 FEET TO THE POINT OF BEGINNING.
PARCEL E:
A PARCEL OF FILLED LAND AND ADJACENT BAY BOTTOM LYING SOUTHERLY OF
BLOCK 57, MALONEY'S SUBDIVISION OF A PART OF STOCK ISLAND, MONROE
COUNTY, FLORIDA AS RECORDED IN PLAT BOOK 1 AT PAGE 55 OF MONROE COUNTY
PUBLIC RECORDS AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM THE INTERSECTION OF THE EASTERLY LINE OF 5TH STREET (AS
CONSTRUCTED) AND THE SOUTHERLY LINE OF 5TH AVENUE (AS CONSTRUCTED) GO
EASTERLY ALONG THE SOUTHERLY LINE OF 5TH AVENUE A DISTANCE OF 500 FEET
TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A DISTANCE OF 730 FEET
TO A POINT; THENCE EASTERLY AND AT RIGHT ANGLES A DISTANCE OF 191.5 FEET
4
Exhibit 2
3145
7
LEGAL. DESCRIPTION
Doc# 1619016
Bk# 2499 P## 359
TO A POINT WHICH IS THE POINT OF BEGINNING; THENCE CONTINUE EASTERLY
ALONG THE PROLONGATION OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE
OF 393.5 FEET TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A
DISTANCE OF 226.08 FEET TO A POINT; THENCE EASTERLY AND AT RIGHT ANGLES A
DISTANCE OF 125 FEET TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A
DISTANCE OF 20 FEET TO A POINT IN AN EXISTING SEAWALL; THENCE WESTERLY
AND PARALLEL WITH THE SOUTHERLY FACE OF SAID SEAWALL A DISTANCE OF
450.1 FEET TO A POINT; THENCE NORTHERLY AND AT RIGHT ANGLES TO A
SOUTHERLY LINE OF FIFTH AVENUE A DISTANCE OF 30 FEET TO A POINT, THENCE
WESTERLY AND AT RIGHT ANGLES A DISTANCE OF 68.5 FEET TO A POINT; THENCE
NORTHERLY AND AT RIGHT ANGLES A DISTANCE OF 227.2 FEET BACK TO THE POINT
OF BEGINNING.
ALSO
A PARCEL OF BAY BOTTOM SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY
LINE OF THE ABOVE DESCRIBED PARCEL, SAID BAY BOTTOM BEING 10 FEET WIDE.
ALSO DESCRIBED AND INSURED AS:
A PARCEL OF FILLED LAND AND ADJACENT BAY BOTTOM LYING SOUTHERLY OF
BLOCK 57, MALONEY S SUBDIVISION OF A PART OF STOCK ISLAND, MONROE
COUNTY, FLORIDA AS RECORDED IN PLAT BOOK I AT PAGE 55 OF MONROE COUNTY
PUBLIC RECORDS AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 84' 02' 07" E, ALONG
SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE 499.98 FEET TO THE EASTERLY LINE
OF AN EASEMENT AGREEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 780,
PAGE 1169 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA;THENCE S 05'
57' 53" W, ALONG SAID EASTERLY LINE, A DISTANCE 729.82 FEET TO THE
SOUTHERLY LINE OF AN INGRESS/EGRESS EASEMENT AS RECORDED IN OFFICIAL
RECORDS BOOK 1239, PAGE 464 OF THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA; THENCE S 84' 02' 07" E, ALONG SAID SOUTHERLY LINE, A DISTANCE
191.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID
SOUTHERLY LINE S 84002'07" E, A DISTANCE OF 393.51; THENCE S 06' 00' 38" W, A
DISTANCE OF 227.17 FEET; THENCE S 85' 29' 39" E, A DISTANCE OF 125.00 FEET;
THENCE S 06' 01' 16"W, A DISTANCE OF 20.01 FEET TO THE SOUTHERLY FACE OF A
CONCRETE SEAWALL; THENCE N 85° 29' 39" W, ALONG SAID SOUTHERLY LINE, A
DISTANCE OF 450.10 FEET; THENCE N 06' 23' 31" E, A DISTANCE OF 30.00 FEET;
THENCE N 85' 29' 39" W, A DISTANCE 68.50 FEET; THENCE N 05' 56' 58" E, A
DISTANCE OF 227.20 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
A PARCEL OF BAY BOTTOM SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY
LINE OF THE ABOVE DESCRIBED PARCEL, SAID BAY BOTTOM BEING 10 FEET WIDE.
TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER AND UPON THE
FOLLOWING DESCRIBED PROPERTY, RECORDED IN OFFICIAL RECORDS BOOK 1239,
PAGE 464, AND ALSO IN OFFICIAL RECORDS BOOK 2287, PAGE 719, PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA, SITUATED, LYING AND BEING IN THE
COUNTY OF MONROE, STATE OF FLORIDA, TO WIT: A PARCEL OF LAND LYING
SOUTHERLY OF BLOCK 57, MALONEY'S SUBDIVISION OF PART OF STOCK ISLAND,
MONROE COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 1, AT PAGE 55, MONROE
5
Exhibit 2
3146
LEGAL DESCRIPTION
beep 1839036
UN 2499 Pop 360
COUNTY OFFICIAL RECORDS, AND IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
FROM THE INTERSECTION OF THE EAST LINE OF 5TH STREET (AS CONSTRUCTED)
AND THE SOUTHERLY LINE OF 5TH AVENUE (AS CONSTRUCTED) GO WESTERLY
ALONG THE SOUTHERLY LINE OF 5TH AVENUE A DISTANCE OF 499 FEET TO A
POINT, W141CH POINT IS THE POINT OF BEGINNING; THENCE SOUTHERLY AND AT
RIGHT ANGLES A DISTANCE OF 701 FEET TO A POINT; THENCE EASTERLY AND AT
RIGHT ANGLES A DISTANCE OF 586 FEET TO A POINT; THENCE SOUTHERLY AND AT
RIGHT ANGLES A DISTANCE OF 29 FEET TO A POINT; THENCE WESTERLY AND AT
RIGHT ANGLES A DISTANCE OF 615 FEET TO A POINT; THENCE NORTHERLY AND AT
RIGHT ANGLES A DISTANCE OF 730 FEET TO A POINT IN THE SOUTHERLY LINE OF
5TH AVENUE; THENCE EASTERLY AND AT RIGHT ANGLES AND ALONG THE
SOUTHERLY LINE OF 5TH AVENUE A DISTANCE OF 29 FEET BACK TO THE POINT OF
BEGINNING.
SAID EASEMENT ALSO DESCRIBED AND INSURED AS:
A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST,
MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF BLOCK 57 OF MCDONALD'S PLAT OF A
PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY RIGHT-
OF-WAY LINE OF FIFTH AVENUE SOUTH 84'02'07" EAST, A DISTANCE OF 499.98
FEET TO THE WEST LINE OF TRUSTEE'S DEED N0.20083 AS RECORDED IN O.R.
BOOK G-65, PAGE 82; THENCE LEAVING SAID LINE SOUTH 05' 57' 53" WEST, ALONG
SAID LINE A DISTANCE OF 699.82 FEET TO THE POINT OF BEGINNING; THENCE
SOUTH 840 02' 07" EAST, PARALLEL WITH THE SOUTHERLY LINE OF SAID FIFTH
AVENUE A DISTANCE OF 740.00 FEET; THENCE SOUTH 05' 57' 53" WEST, A
DISTANCE OF 40.00 FEET; THENCE NORTH 84' 02' 07" WEST, A DISTANCE OF 155.00
FEET; THENCE NORTH 05' 57' 53" EAST, A DISTANCE OF 10.00 FEET; THENCE
NORTH 840 02' 07" WEST, A DISTANCE OF 585.00 FEET TO THE WEST LINE OF SAID
TRUSTEE'S DEED; THENCE NORTH 05' 57' 53" EAST, ALONG SAID LINE A DISTANCE
OF 30.00 FEET TO THE POINT OF BEGINNING.
PARCEL F:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, BEAR SOUTH 83 DEGREES AND 56 MINUTES EAST, 485.00 FEET; THENCE
BEAR SOUTH 05 DEGREES AND 47 MINUTES WEST, 938,88 FEET; THENCE BEAR
SOUTH 08 DEGREES AND 02 MINUTES EAST, 249.71 FEET; THENCE BEAR SOUTH 14
DEGREES AND 31 MINUTES EAST, 131.51 FEET; THENCE BEAR SOUTH 02 DEGREES
AND 04 MINUTES WEST, 82.95 FEET TO THE POINT OF BEGINNING OF THE TRACT OF
LAND AND SUBMERGED LANDS HEREINAFTER DESCRIBED; THENCE CONTINUE
BEARING SOUTH 02 DEGREES AND 04 MINUTES WEST, 179.31 FEET; THENCE BEAR
SOUTH 84 DEGREES AND 19 MINUTES EAST, 140.00 FEET, MORE OR LESS, TO THE
OUTSIDE FACE OF AN EXISTING CONCRETE SEAWALL; THENCE BEAR NORTH 88
DEGREES AND 56 MINUTES EAST OUT INTO A SLIP 970 FEET, MORE OR LESS, TO A
POINT; THENCE BEAR NORTH 05 DEGREES AND 55 MINUTES EAST, 150.00 FEET,
MORE OR LESS, TO A POINT WHICH IS BEARING NORTH 89 DEGREES AND 32
MINUTES EAST FROM THE POINT OF BEGINNING; THENCE BEAR SOUTH 89
6
Exhibit 2
3147
LEGAL DESCRIPTION
Doop 1819016
Bkp 2499 PoN 361
DEGREES AND 32 MINUTES WEST, 1120.00 FEET, MORE OR LESS, BACK TO THE
POINT OF BEGINNING.
ALSO DESCRIBED AND INSURED AS:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST, 484.79 FEET;
THENCE BEAR SOUTH 05 DEGREES 39 MINUTES 55 SECONDS WEST, 938.76 FEET;
THENCE BEAR SOUTH 08 DEGREES 09 MINUTES 05 SECONDS EAST, 249.71 FEET;
THENCE SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST, 131.51 FEET;THENCE
BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST, 82.95 FEET TO THE
POINT OF BEGINNING OF THE TRACT OF LAND AND SUBMERGED LANDS
HEREINAFTER DESCRIBED; THENCE CONTINUE BEARING SOUTH 01 DEGREES 56
MINUTES 55 SECONDS WEST, 179.31 FEET; THENCE BEAR SOUTH 84 DEGREES 26
MINUTES 05 SECONDS EAST, 131.81 FEET TO THE OUTSIDE FACE OF AN EXISTING
CONCRETE SEAWALL; THENCE BEAR NORTH 88 DEGREES 48 MINUTES 55 SECONDS
EAST OUT INTO A SLIP, 977.77 FEET TO A POINT; THENCE BEAR NORTH 05 DEGREES
37 MINUTES 29 SECONDS EAST, 184.10 FEET TO A POINT WHICH IS BEARING NORTH
89 DEGREES 24 MINUTES 55 SECONDS EAST FROM THE POINT OF BEGINNING;
THENCE BEAR SOUTH 89 DEGREES 24 MINUTES 55 SECONDS WEST, 1120.76 FEET
BACK TO THE POINT OF BEGINNING.
PARCEL G:
A PARCEL OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED-IN PLAT BOOK 1, PAGE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 84° 02' 07" E ALONG
THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 484.98 FEET; THENCE S 05° 57'
53" W FOR A DISTANCE OF 938.76 FEET;THENCE S 08° 09' 05" E FOR A DISTANCE OF
109.75 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 08° 09' 05" E, A
DISTANCE OF 139.96 FEET; THENCE S 14° 38' 05" E, A DISTANCE OF 32.68 FEET;
THENCE S 850 13' 05" E, A DISTANCE OF 157.63 FEET; THENCE N 89° 24' 55" E, A
DISTANCE OF 49.99 FEET; THENCE N 05° 12' 11" E, A DISTANCE OF 161.18 FEET;
THENCE N 840 02' 55" W, A DISTANCE OF 252,15 FEET TO THE POINT OF
BEGINNING.
PARCEL H:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH 840 02' 07" EAST
ALONG THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 484.79 FEET; THENCE
SOUTH 05° 39' 55" WEST FOR A DISTANCE 938.76 FEET; THENCE SOUTH 080 09' 05"
EAST FOR A DISTANCE OF 42.15 FEET TO THE EASTERLY LINE OF A 30 FOOT
EASEMENT AND THE EASTERLY RIGHT-OF-WAY LINE OF SHRIMP ROAD AS
7
Exhibit 2
3148
LEGAL DESCRIPTION
Doe" 2829016
Bko 2499 PON 382
RECORDED IN O.R. BOOK 2030, PAGE 949 (PARCEL A TRACT 1), OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE
LEAVING SAID LINE SOUTH 08009'05" EAST, A DISTANCE OF 207.56 FEET; THENCE
SOUTH 14'38'05" EAST, A DISTANCE OF 131.51 FEET; THENCE SOUTH 01' 56' 55"
WEST, A DISTANCE OF 575.72 FEET; THENCE SOUTH 05' 54' 55" WEST, A DISTANCE
OF 186,69 FEET; THENCE SOUTH 84' 05' 05" EAST, A DISTANCE OF 175.00 FEET;
THENCE NORTH 34' 32' 55" EAST, A DISTANCE OF 116.44 FEET; THENCE NORTH 89'
27' 55" EAST, A DISTANCE OF 915,36 FEET; THENCE SOUTH 01' 07' 35" WEST, A
DISTANCE OF 384.62 FEET; THENCE NORTH 84' 02' 07" WEST, A DISTANCE OF 30.84
FEET TO A MEAN HIGH WATER LINE; THENCE ALONG SAID MEAN HIGH WATER LINE
THE FOLLOWING TWENTY SEVEN (27) COURSES: 1. NORTH 08' 33' 02" EAST, A
DISTANCE OF 25.26 FEET; 2. NORTH 01'03' 10"WEST, A DISTANCE OF 36.70 FEET; 3.
NORTH 16'11'45" WEST, A DISTANCE OF 18.64 FEET; 4. NORTH 01'20'32" WEST, A
DISTANCE OF 27.71 FEET; 5. NORTH 05'48'23" EAST, A DISTANCE OF 27.11 FEET; 6.
NORTH 07024'12" WEST, A DISTANCE OF 86.16 FEET; 7. NORTH 1 I' 54'19" EAST, A
DISTANCE OF 34.64 FEET; 8. NORTH 09'22'05" WEST, A DISTANCE OF 27.51 FEET; 9.
NORTH 57' 4041" WEST, A DISTANCE OF 4.94 FEET; 10. NORTH 84' 56' 08" WEST, A
DISTANCE OF 14.50 FEET; 11. NORTH 61'03'44" WEST, A DISTANCE OF 14.78 FEET;
12. SOUTH 85'47'17" WEST, A DISTANCE OF 117.62 FEET; 13. SOUTH 83015'58"
WEST, A DISTANCE OF 26.59 FEET; 14. NORTH 65' 01' 19" WEST, A DISTANCE OF
21.47 FEET; 15. SOUTH 80'37'17" WEST, A DISTANCE OF 8.06 FEET; 16. NORTH
75044'52" WEST, A DISTANCE OF 11.67 FEET; 17. SOUTH 86' 09' 28" WEST, A
DISTANCE OF 82.77 FEET; 18, SOUTH 89' 59' 29" WEST, A DISTANCE OF 40.54 FEET;
19. NORTH 64026'30" WEST,A DISTANCE OF 6,15 FEET; 20. SOUTH 88'41'05" WEST, A
DISTANCE OF 60.16 FEET; 21. SOUTH 79°29'50" WEST, A DISTANCE OF 36.47 FEET;
22. NORTH 88007'58" WEST, A DISTANCE OF 57.82 FEET; 23. NORTH 86' 26' 25"
WEST, A DISTANCE OF 91.35 FEET; 24. SOUTH 880 24' 02" WEST, A DISTANCE OF
97.85 FEET; 25. SOUTH 81039'19" WEST, A DISTANCE OF 76.27 FEET; 26. SOUTH
86'43'16" WEST, A DISTANCE OF 75.93 FEET; 27. SOUTH 81' 33' 16" WEST, A
DISTANCE OF 23.73 FEET; THENCE LEAVING SAID LINE SOUTH 07'52'54" WEST, A
DISTANCE OF 138.68 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SHRIMP
ROAD PER QUIT CLAIM DEED RECORDED IN O.R. BOOK 2030, PAGE 949, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA;THENCE ALONG THE NORTHERLY
AND EASTERLY RIGHT-OF-WAY LINE OF SAID SHRIMP ROAD THE FOLLOWING THREE
(3) COURSES AND DISTANCES: 1. NORTH 84' 02' 07" WEST, A DISTANCE OF 288.11
FEET TO A POINT OF CURVATURE; 2. NORTHWESTERLY ALONG THE ARC OF A
CURVE TO THE RIGHT, HAVING A RADIUS OF 75.00 FEET, AN ARC LENGTH OF 115,28
FEET, A CENTRAL ANGLE OF 88' 03' 57", AND A CHORD BEARING AND DISTANCE OF
NORTH 40'00'08" WEST, 104.26 FEET; 3. NORTH 04'01'50" EAST, A DISTANCE OF
555.62 FEET TO THE NORTHERN TERMINUS OF PARCEL A TRACT 2 OF SAID QUIT
CLAIM ON THE WEST LINE OF TRUSTEES DEED NO.20083 O.R.BOOK G-65, PAGE 82;
THENCE NORTH 05'57'53" EAST, ALONG SAID LINE A DISTANCE OF 606.85 FEET TO
THE POINT OF BEGINNING.
AND ALSO: BAY BOTTOM
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S. 84'02'07" E. ALONG
THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 499.98 FEET; THENCE S.
05057*53" W. FOR A DISTANCE OF 2242.25 FEET; THENCE S.84'02'07"E., A DISTANCE
OF 1310.00 FEET,TO THE POINT OF BEGINNING;THENCE CONTINUE S.84'02'07"E., A
DISTANCE OF 363.01 FEET TO THE CENTERLINE OF THE ENTRANCE OF THE
8
Exhibit 2
3149
LEGAL DESCRIPTION
00cu 181"16
SkU 2499 Pga 363
HARBOR, THENCE N.08-15-27"W., A DISTANCE OF 959.38 FEET; THENCE S. 81*44'33"
W., A DISTANCE OF 132.23 FEET; THENCE N. 05*47'25" W., A DISTANCE OF 658.21
FEET; THENCE N. 83*54'54" W., A DISTANCE OF 255.03 FEET TO THE WESTERLY
PART OF THE BAY BOTTOM LINE; THENCE MEANDER THE SAID BAY BOTTOM LINE
SOUTHERLY FOR A CHORD OF S.14"34',07" E., A DISTANCE OF 284.16 FEET; THENCE
N. 85*29'39" W., A DISTANCE OF 310.00 FEET; THENCE S. 06*01'16" W., A DISTANCE
OF 10.00 FEET; THENCE N. 85929'39" W., A DISTANCE OF 450.16 FEET; THENCE S.
06023'31" W,, A DISTANCE OF 49.85 FEET; THENCE S. 84002'55" E., A DISTANCE OF
9.27 FEET; THENCE S. 05*12'11" W., A DISTANCE OF 161.18 FEET; THENCE N.
88024'55" E., A DISTANCE OF 950.61 FEET; THENCE S. 05-3T29" W., A DISTANCE OF
537,46 FEET; THENCE N. 89*27'55" E., A DISTANCE OF 11.44 FEET; THENCE S.
06902'03" E., A DISTANCE OF 230.00 FEET; THENCE S.01*07'35" W., A DISTANCE OF
384.62 FEET TO THE POINT OF BEGINNING.
PARCEL 1: Intentionally Omitted (Leasehold/Option terminated effective 713112010)
PARCEL J:
A PARCEL OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF FIFTH
STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF THE PLAT
OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 84* 02' 07" e ALONG THE SAID
SOUTHERLY LINE OF FIFTH AVENUE FOR 499.98 FEET; THENCE S OSO 57' 53"W FOR
A DISTANCE OF 913.46 FEET TO THE POINT OF BEGINNING; THENCE S 840 02' 07" E,
FOR A DISTANCE OF 191.55 FEET; THENCE S 05* 56' 58" W, A DISTANCE OF 43.56
FEET; THENCE S 85* 29'40" E, A DISTANCE OF 68.50 FEET; THENCE S 06* 23' 3 1" W,
A DISTANCE OF 89.85 FEET; THENCE N 840 02' 55" W, A DISTANCE OF 242.88 FEET;
THENCE N 080 09' 05- W, A DISTENCE OF 67.60 FEET; THENCE N 05* 57' 53" E, A
DISTANCE OF 66.17 FEET TO THE POINT OF BEGINNING.
AS TO ALL PARCELS:
TOGETHER WITH THOSE BENEFICIAL EASEMENTS RECORDED IN OFFICIAL
RECORDS BOOK 780, PAGE 1169, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PARCEL OF LAND ON STOCK ISLAND, MONROE COUNTY, FLORIDA, AND BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF BLOCK 57 OF MCDONALD'S PLAT OF A
PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK I AT PAGE 55 OF PUBLIC
RECORDS, OF MONROE COUNTY, FLORIDA AND RUN THENCE SOUTH 83 DEGREES,
56 MINUTES EAST ALONG THE NORTH BOUNDARY LINE OF SAID BLOCK 57 FOR A
DISTANCE OF 470 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND
BEING DESCRIBED HEREIN; THENCE RUN SOUTH 6 DEGREES 04 MINUTES WEST
FOR A DISTANCE OF 1283.02 FEET; THENCE RUN SOUTH 41 DEGREES 58 MINUTES
EAST FOR A DISTANCE OF 40.35 FEET TO THE SOUTHEAST CORNER OF TRUSTEES
OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO,
24078 AND THE WEST BOUNDARY LINE OF TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 20083; THENCE RUN
SOUTH 6 DEGREES 04 MINUTES WEST ALONG THE WEST BOUNDARY LINE OF SAID
TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO. 20083 FOR A DISTANCE OF 932.25 FEET TO THE SOUTHWEST CORNER OF
9
Exhibit 2
3150
LEGAL DESCRIPTION
DocN 1819016
BkN 2499 PaN 364
SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO. 20083; THENCE RUN SOUTH 83 DEGREES 56 MINUTES EAST ALONG THE
SOUTH BOUNDARY LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND
OF THE STATE OF FLORIDA DEED NO. 20083, THE SOUTH BOUNDARY LINE OF
TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO, 19837-A AND THE NORTH BOUNDARY LINE OF TRUSTEES OF THE
INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO, 20793 FOR A
DISTANCE OF 1116.72 FEET; THENCE RUN NORTH 6 DEGREES 04 MINUTES EAST
FOR A DISTANCE OF 30 FEET; THENCE RUN NORTH 83 DEc"',s.REES 56 MINUTES WEST
FOR A DISTANCE OF 1086.72 FEET; THENCE RUN NORTH 6 DEGREES 04 MINUTES
EAST FOR A DISTANCE OF 915.62 FEET; THENCE RUN NORTH 41 DEGREES 58
MINUTES WEST FOR A DISTANCE OF 40.35 FEET TO THE WEST BOUNDARY LINE OF
SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO. 20083 AND THE EAST BOUNDARY LINE OF SAID TRUSTEES OF THE
INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 24078;
THENCE RUN NORTH 6 DEGREES 04 MINUTES EAST ALONG THE WEST BOUNDARY
LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF
FLORIDA DEED NO. 20083 AND THE EAST BOUNDARY LINE OF SAID TRUSTEES OF
THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 24078,
EXTENDED NORTHERLY, FOR A DISTANCE OF 1269.65 FEET TO THE NORTH
BOUNDARY LINE OF SAID BLOCK 57;THENCE RUN NORTH 83 DEGREES 56 MINUTES
WEST ALONG THE NORTH BOUNDARY LINE OF THE SAID BLOCK 57 FOR A DISTANCE
OF 30 FEET BACK TO THE POINT OF BEGINNING.
SAID EASEMENT ALSO DESCRIBED AND INSURED AS:
A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST,
MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF BLOCK 57 OF MCDONALD'S PLAT OF A
PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY RIGHT-
OF-WAY LINE OF FIFTH AVENUE SOUTH 84002'07" EAST, A DISTANCE OF 469.98
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 84.02'07" EAST, A
DISTANCE OF 30.00 FEET TO THE WEST LINE OF TRUSTEE'S DEED NO. 20083 AS
RECORDED IN O.R. BOOK 0-65, PAGE 82; THENCE ALONG SAID LINE SOUTH
05057'53" WEST, A DISTANCE OF 1,268.45 FEET; THENCE LEAVING SAID LINE SOUTH
42°04'07" EAST, A DISTANCE OF 40.35 FEET; THENCE SOUTH 05°57'53" WEST, A
DISTANCE OF 916.82 FEET; THENCE SOUTH 84°02'07" EAST, A DISTANCE OF
1,086.72 FEET; THENCE SOUTH 05°5T53"WEST, A DISTANCE OF 30.00 FEET TO THE
SOUTH LINE OF TRUSTEE'S DEED NO. 20083 AS RECORDED IN OR BOOK 0-65, PAGE
82; THENCE ALONG SAID LINE NORTH 84002'07" WEST, A DISTANCE OF 1,116.72
FEET TO THE WEST LINE OF TRUSTEE'S DEED NO. 20083 AS RECORDED IN O.R.
BOOK G-65, PAGE 82; THENCE ALONG Sold LINE NORTH 05°57'53" EAST, A DISTANCE
OF 933.45 FEET; THENCE LEAVING Sold LINE NORTH 42004'OT' WEST, A DISTANCE
OF 40.35 FEET; THENCE NORTH 05°ST53" EAST, A DISTANCE OF 1,281.82 FEET TO
THE POINT OF BEGINNING.
MONROE COUNTY
OFFICIAL PUBLIC RECORD
10
Exhibit 2
3151
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3152
2 ( r
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4
5
6 ORDINANCE NO. 045-2013
7
8
9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
10 COMMISSIONERS AMENDING THE FUTURE LAND USE MAP (FLUM)
11 DESIGNATION FROM INDUSTRIAL (I)TO MIXED USE COMMERCIAL (MC)
12 FOR EIGHTEEN PARCELS OF LAND ON STOCK ISLAND, HAVING REAL
13 ESTATE NUMBERS 00123660-000000, 00123720-000400, 00123760-000200,
14 00123720-000100, 00123720-000200, 00123730-000100, 00123740-000000, 00123770-
15 000000, 00127290-000000, 00127380-000000, 00127250-000000, 00127280-000000,
16 00123600-000100, 00123600-000102, 00123600-000101, 00123590-000000, 00123570-
17 000000, and 00123540-000000, LOCATED ON SOUTH STOCK ISLAND;
18 PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
19 INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
20 STATE LAND PLANNING AGENCY; PROVIDING FOR THE FILING WITH
21 THE SECRETARY OF STATE AND FOR AN EFFECTIVE DATE; AND
22 PROVIDING FOR THE INCLUSION IN THE MONROE COUNTY 2010
23 COMPREHENSIVE PLAN.
24
25
26
27 WHEREAS, Longstock 11, LLC, submitted an application amending Monroe County
28 2010 Comprehensive Plan Policies 101.4.5 and 101.4.21 to amend the Mixed Use/Commercial
29 (MC) Future Land Use Map Category description and assign the Maritime Industries (MI)
30 Zoning District to the MC category; amend the maximum net density range and the maximum
31 intensity range for the Mixed Use/Commercial (MC) Future Land Use Map Category and to
32 clarify the footnotes within the table; and
33
34 WHEREAS, on February 13, 2012, the BOCC voted to transmit the amendment, with
35 the staffs added recommended provisions to preserve and enhance working waterfront while
36 allowing moderate redevelopment of other uses,to the State Land Planning Agency; and
37
38 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
39 Objections, Recommendations and Comments (ORC) Report on May 4, 2012, which did not
40 identify any issues with the proposed amendment; and
41
42 WHEREAS, at a public hearing on September 21, 2012, the BOCC adopted the text
43 amendment, amending the MC Future Land Use Map Category description and assigning the MI
44 Zoning District to the MC category(Ordinance 032-2012); and
45
46
l
Exhibit 3
3153
I WHEREAS, the MC Future Land Use Map category now includes provisions to
2 preserve and promote recreational and commercial working waterfront uses on all lands
3 designated with the Maritime Industries (MI) land use district within the MC category; and
4
5 WHEREAS, 18 properties on South Stock Island formed the Safe Harbor Marina
6 Property Owners Association, Inc.,and submitted an application for a Future Land Use Map
7 amendment from from Industrial(1)to Mixed Use/Commercial (MC); and
8
9 WHEREAS, the Monroe County Development Review Committee considered the
10 proposed amendment at a regularly scheduled meeting held on the 25th day of September, 2012;
11 and
12
13 WHEREAS, the Monroe County Planning Commission held a public bearing on the 14'h
14 day of November, 2012, for review and recommendation on the proposed Future Land Use Map
15 amendment; and
16
17 WHEREAS, the Monroe County Planning Commission made the following findings of
18 fact and conclusions of law:
19
20 I. On September 21, 2012, the BOCC adopted an amendment to Policies 101.4.5 and
21 101.4.21 to amend the Mixed Use/Commercial (MC) Future Land Use Map Category
22 description and assign the Maritime Industries(MI)Zoning District to the MC category.
23
24 2. The BOCC also adopted provisions to further preserve and enhance working waterfront
25 uses within the MC Future Land Use Map Category.
26
27 3. The 18 subject parcels are designated as Tier III, classified as developed land, and are not
28 designated as habitat for any protected species.
29
30 4. The definition of the term recreational and commercial working waterfront, pursuant to
31 Section 342.07, F.S., means "a parcel or parcels of real property that provide access.for
32 water-dependent commercial activities, including hotels and motels as defined in s.
33 509.242(1), or provide access for the public to the navigable waters of the state.
34 Recreational and commercial working waterfronts require direct access to or a location
35 on, over, or adjacent to a navigable body of water. The term includes Mater-dependent
36 facilities that are open to the public and offer public access by vessels to the waters of the
37 state or that are support facilities for recreational, commercial, research, or
38 governmental vessels. These facilities include public lodging establishments, docks,
39 wharfs, lifts, wet and dry marinas, boat ramps, boat hauling and repair ,facilities,
40 commercial fishing facilities, boat construction facilities, and other support structures
41 over the water. As used in this[statute) section, the term "vessel"has the same meaning
42 as in s. 327.02(39). Seaports are excluded,lrom the definition.
43
44 5. The proposed amendment is internally consistent with the Monroe County
45 Comprehensive Plan.
46
Exhibit 3
3154
1 6. The proposed amendment is consistent with the Principles for Guiding Development for
2 the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statutes.
3
4 WHEREAS, the Monroe County Planning Commission passed Resolution No. P54-12
5 recommending transmittal of the proposed amendment; and
6
7 WHEREAS, at a special meeting held on the 18th day of April, 2013, the Monroe
8 County Board of County Commissioners held a public hearing and approved Resolution No.
9 133-2013 to transmit the proposed amendment to the State Land Planning Agency; and
10
I I WHEREAS, the proposed Comprehensive Plan amendment to amend the Future Land
12 Use Map was reviewed by the State Land Planning Agency which issued an Objections,
13 Recommendations, and Comments (ORC) Report on July 2, 2013. The ORC report stated that
14 "the NAS-KW states that the Navy is utilizing the 2007 AICUZ and that the more recent
15 Environmental Impact Statement (EIS) noise contours are in draft form and therefore not
16 acceptable at this time. The recent EIS study depicts the parcel as being within a lower noise
17 contour, one in which the transient development would be acceptable with noise attenuation and
18 landscaped berm on the outside of the property. For the reasons cited above, the Department
19 objects to the proposal because the change will exacerbate the incompatibility issues that
20 already (-:-dst. The proposed change is also inconsistent with the Principles for Guiding
21 Development that require that proposed amendments must be consistent with protection of the
22 value of public investments in the Florida Keys, including Naval Air Station-Key West,"and
23
24 WHEREAS,the ORC report also included a recommendation for addressing the objection:
25 "The applicant may consider delaying adoption of the proposed amendment until the 2012 EIS
26 DN1.Map is adopted by the military, and provide noise attenuation and outside landscaped berms,
27 as requested by the Department of the Navy;"and
28
29 WHEREAS, in response to the ORC Report, the County did wait until the Navy's Record
30 of Decision for the Final Environmental Impact Statement for Naval Air Station Key West Airfield
31 Operations, which was issued on October 31, 2013, and includes new noise contours which no
32 longer include the subject properties of this FLUM amendment within the 65 DNL (Day-Night
33 Average noise).
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
36 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
37
38 Section 1. The Future Land Use Map (FLUM) for the Year 2010 Comprehensive Plan is
39 hereby amended by changing the FLUM designation from Industrial (1)to Mixed
40 Use Commercial (MC) for eighteen parcels of land on Stock Island, having Real
41 Estate Numbers 00123660-000000, 00123720-000400, 00123760-000200,
42 00123720-000100, 00123720-000200, 00123730-000100, 00123740-000000
43 00123770-000000, 00127290-000000, 00127380-000000, 00127250-000000,
44 00127280-000000, 00123600-000100, 00123600-000102, 00123600-000101,
45 00123590-000000, 00123570-000000, and 00123540-000000; located on South
3
Exhibit 3
3155
I Stock Island, as shown on Exhibit 1, which is attached hereto and incorporated
2 herein.
3
4 Section 2. Severabifity. If any section, subsection, sentence, clause, item, change, or
5 provision of this ordinance is held invalid, the remainder of this ordinance shall
6 not be affected by such validity.
7
8 Section 3. Reveal of Inconsistent Provisions. All ordinances or parts of ordinances in
9 conflict with this ordinance are hereby repealed to the extent of said conflict.
10
11 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
12 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
13 Statutes.
14
15 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
16 Secretary of the State of Florida but shall not become effective until a notice is
17 issued by the State Land Planning Agency or Administration Commission finding
18 the amendment in compliance with Chapter 163, Florida Statutes, and after any
19 applicable challenges have been resolved.
20
21 Section 6. Inclusion in the Comprehensive Plan. The Future Land Use Map amendment
22 shall be incorporated in the Future Land Use Map of the Monroe County Year
23 2010 Comprehensive Plan.
24
25 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
26 Florida,at a special meeting held on the 11t dayof Dec. 2013.
27
28 Mayor Sylvia Murphy Yes
29 Mayor Pro Tem Danny Kolhage Yes
30 CM Commissioner Heather Carruthers Yes
31 Commissioner David Rice Yes
32 Commissioner George Neugent Yes
33
34 BOARD OF COUNTY COMMISSIONERS
35 7'.
OF MONROE COUNTYFJeOR.IDA
01
36
37 BY
38 Mayor Sy1vWMurphy
,
39 ,
EIS, Y AVILIN, LERK
44
45 TO FORM
46 DEPUTY CLERK
FilMSLEY
S,
G
T2
Al
,N (7,0UMI-YATTO NEY
4
Exhibit 3
3156
LExhibit 1 to Ordinance# 045 -2013 I
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711 Fl 711YE .. .,
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. .,. . „�.._. Mixed Use/
Commercial (MC)
...
The Monroe County Future Land Use Map is amended
as indicated above.
Proposal:Future Land Use change of eighteen parcels of land on Stock Island,having real estate numbers
00123660-000000,00123720-000400,00123760-000200,001 2 3720-0001 0 0.00123720.000200,00123730-000100, N
00123740-000000,00123770-000000,00127290-000000.00127380-000000.00127260-000000„00127280-000000,
00123600-000100,0 01 2 360 0-0001 02,00123600-000101,00123590-000000.00123570-000000,
and 00123W-000000,located on south Stock Island:from Industrial(1)to Mixed Use/Commercial(MC).
Exhibit 3
3157
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County of Monroe
Growth Management Division
Plannine&Environmental Resources a "'' n Board of Colluty Commissioners
Department Mayor David Rice,Dist.4
2798 Overseas Highway,Suite 410 a i "'` Mayor Pro Tern Kim Wigington,Dist. 1
Marathon,FL 33050 Heather Carruthers,Dist.3
Voice: (305)289-2500 George Neugent,Dist.2
FAX: (305)289-2536 Sylvia J.Murphy,Dist.5
We strive to be caring,professional and fair
July 10,2012
Barton Smith,P.L.
624 Whitehead Street
Key West,FL 33040
Subject: Minor Deviation to a Major Conditional Use Permit(Deemed)
Stock Island Marina Village, 7009 Shrimp Road, Stock Island, Real Estate
#00123720.000100,#00123720.000200 and#00123760.000200 (File#2011-090)
Mr. Smith,
The Planning & Environmental Resources Department has approved your request for a minor
deviation to the major conditional use permit for the above referenced site. The minor deviation
was required in order to allow the reconfiguration of 173 of the site's 361 boat slips as shown on
a site plan by Weiler Engineering Corporation (WEC) dated April 19, 2012. The Department
has determined that the application complies with the requirements and standards set forth in the
Monroe County Code. The following conditions apply:
1. Any additional revisions to the site plan or future improvements to the property are subject to
further review as a minor deviation or as an amendment to the major conditional use permit
approval.
2. While staff recognizes the lawful existence of the 361 boat slips to be reconfigured,this
approval does not recognize all of the other existing land uses on the site as lawful. The
Planning&Environmental Resources Department is concurrently reviewing this matter.
This approval does not condone or approve the unlawful land use and the property owner is
subject to possible code compliance prosecution if the unlawful uses are not permitted or
terminated.
3. A Monroe County building permit(s) is also required for the scope of work. The Monroe
County office of the Fire Marshal and the Monroe County Building Department have not
reviewed this application. The applicant shall meet any additional requirements required by
the Fire Marshal and the Building Department.
We trust that this information is of assistance. If you have any questions regarding the contents
of this letter, or if we may further assist you with your project, please feel free to contact our
Marathon office at(305) 289-2500.
Respectfull ,
Townsle ch ab, Senior Director of Planning&Environmental Resources
Page 1 of 1
1EVASIT q 3160
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MASTER SITE CONEPT PLAN
UV�
. for
201 W. MAft10N AVE,SUITE l306 "—
STOCK ISLAND MARINA VILLAGE PUNTAc041 A, .170DFLORIDA aanan
..: __._.. nal aaa.lvaa
3163
Prepared by: Doen 1992406 07/30/2014 3:38PM
Barton W. Smith, Fsq. FMONROERCOUNTY 1AMY HEAVILal Records of
Smith/oropeza, PL
138-142 Simonton St.
1 KeyWest FL 33040 DOon 1992406
, Bkn 2696 Pan 1445
2
3
4 DEVELOPMENT AGREEMENT
6 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into on the L day
7 of TU IQ 2014, by and between Monroe County, Florida, a Political
8 Subdivision or the State of Florida ("Monroe County") and Longstock II, LLC, a Florida
9 limited liability company, d/b/a Stock Island Marina Village ("SIMV") (collectively, the
10 "Parties"), pursuant to Sections 110-132 and 110-133 of the Monroe County, Florida, Code of
11 Ordinances ("Monroe County Code"), and the Florida Local Government Development
12 Agreement Act, Florida Statutes Sections 163.3220-163.3243 (2013), and is binding on the
13 "Effective Date" set forth herein:
14
15 WITNESSETH:
16
17 The Parties hereby agree as follows:
18
19 I.RECITALS
20 A. This Agreement involves the redevelopment of property located at 700 and 7009 Shrimp
21 Road,Stock Island, Florida.
22
23 B. All Parties have the authority to enter into this Agreement through Florida Statutes Chapter
24 163.
25
26 C. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into development
27 agreements with landowners and/or governmental agencies to encourage a stronger
28 commitment to comprehensive and capital facilities planning, ensure the provision of
29 adequate public facilities for development, encourage the efficient use of resources, and
30 reduce the economic cost of development.
31
32 D. This Agreement, among other things, is intended to and shall constitute a development
33 agreement among the Parties pursuant to the Florida Local Government Development
34 Agreement Act, Section 163.3223,et seq., Florida Statutes(the"Act").
35
36 E. The Parties recognize that the public noticing and hearing procedures shall follow the
37 requirements of Section 163.3225, Florida Statutes, which requires the local government to
38 conduct two public hearings, one of which may be before the Planning Commission.
39
40 F. Monroe County finds that entering into this Agreement furthers the purposes, goals,
41 objectives and policies of the Monroe County Comprehensive Plan which contains goals and
42 objectives, including but not limited to Policy 101.4.5, which seeks to encourage the
43 preservation of traditional working waterfront uses along with promoting recreational and
44 commercial working waterfront uses, as defined by 342.07, F.S. by permitting a mix of uses
Page I of 13
3164
Docp 1992406
Bkp 2696 Pgn 1446
1 on properties whose Future Land Use Map ("FLUM") designation is Mixed Use /
2 Commercial(MC)and zoning district is Maritime Industries (MI).
3
4 G. Monroe County finds that entering into this Agreement implements Policy 101.20.2 by
5 encouraging the redevelopment of Safe Harbor as identified in the Stock Island/Key Haven
6 Livable Communikeys Master Plan Volume I and I1.
7
8 H. Monroe County finds that entering into this Agreement implements Goal 102 providing the
9 Monroe County shall direct future growth to lands which are intrinsically most suitable for
10 development and shall encourage conservation and protection of environmentally sensitive
11 lands.
12
13 I. Monroe County Code Section 138-22(2) allows for the transference of transient residential
14 ROGO exemptions (TREs) from sender sites in the Lower Keys ROGO subarea or the Big
15 Pine Key/No Name Key ROGO subareas to receiver sites in the Lower Keys ROGO subarea.
16 The receiver site/unit meets all of the following criteria: 1) The receiver site is located in the
17 same ROGO subarea as the sender site,with the exception that ROGO exemptions associated
18 with transient residential dwelling units may be transferred from the Big Pine and No Name
19 Key ROGO subarea to the Lower Keys ROGO subarea; 2) The receiver unit shall only be
20 constructed within a) a tier III designated area or b) a tier II1-A (special protection area)
21 designated area where the development does not involve the clearing of any native habitat;
22 and 3)Receiver unit shall not be constructed within a velocity(V)zone.
23
24 J. SIMV property is generally described as follows:
25
26 1. SIMV owns that certain real property located at 700 and 7009 Shrimp Road, Stock
27 Island, Florida ("SIMV Property"). A copy of the Special Warranty Deed evidencing
28 SIMV's ownership is attached as Exhibit 1. Historically and currently the SIMV
29 Property was and is being used for water dependent uses.
30
31 2. The SIMV property complete legal description is provided in Exhibit 2.
32
33 3. As of the date of this Agreement, the SIMV Property is assessed by the Monroe County
34 Property Appraiser as real estate numbers 00123760-000200, 00123720-000100 and
35 00123720-000200.
36
37 4. The SIMV Property currently has a Maritime Industries ("MI") Land Use (Zoning)
38 District designation and a corresponding Mixed Use Commercial ("MC") Future Land
39 Use Map designation. A copy of the Land Use District Map and Future Land Use Map
40 for the SIMV Property is attached as Exhibit 3.
41
42 5. The SIMV Property currently has a Tier Overlay District designation of Tier III.
43
44 6. The SIMV Property consists of 44.124 acres, including 12.24 acres of upland and 31.884
45 acres of submerged land.
46
Page 2 of 13
3165
pace 1992406
Bka 2696 Pg# 1447
1 7. Since September 15, 1986,marinas in the MI Land Use (Zoning) District require a major
2 conditional use permit. Since the SIMV Property was lawfully developed with a marina
3 prior to September 15, 1986, the SIMV Property is deemed to have a major conditional
4 use permit in accordance with Monroe County Code Section 1014(c).
5
6 8. In 2012, SIMV applied for and was granted a minor deviation to its conditional use for
7 reconfiguring 173 of its existing 361 wet slips. The approval is memorialized by a letter
8 from the Planning&Environmental Resources Director Townsley Schwab dated July 10,
9 2012. A copy of the Minor Deviation approval is attached as Exhibit 4.
10
11 1I. PURPOSE
12
13 A. The overall purpose of this Agreement is to allow the Parties to provide certainty in
14 development of the SIMV Property.
15
16 B. The Agreement allows the redevelopment of property located at 700 and 7009 Shrimp
17 Road, Stock Island, Florida, in compliance with all applicable provisions of Florida Statutes,
18 the Principles for Guiding Development in the Florida Keys Area of Critical State Concern,
19 the Monroe County Comprehensive Plan, the Master Plan for the Future Development of
20 Stock Island and Key Haven,and the Monroe County Code.
21
22 C. The Agreement allows the Parties to implement the provisions of Monroe County Code
23 Section 138-22(2) as applied to the Properties in order to allow for a reasonable use of the
24 SIMV Property by allowing the transference of market-rate transient residential TRE's
25 lawfully associated with Sender Site(s)to the Receiver Site.
26
27 D. SIMV desires to transfer up to and including one-hundred (100) transient TREs from sender
28 site(s)to the receiver site SIMV Property.
29
30 III.AGREEMENT REQUIREMENTS
31
32 A. Recitals. The recitals explaining the intent and purpose of the project as set forth in the
33 preceding clauses are incorporated herein and form a material part of this Agreement. The
34 Parties recognize the binding effect of Florida Statutes Sections 163.3220-163.3243, as to the
35 form and content of this Agreement and in accordance therewith set forth and agree to the
36 following.
37
38 B. Legal Description and Ownership. The legal descriptions for the Properties subject to this
39 Agreement are set forth in Exhibit 2.
40
41 C. Duration of Agreement. This Agreement shall remain in effect for ten (10) years from the
42 "Effective Date" as defined herein, and may be extended by mutual consent of the Parties
43 and approval at a public hearing, in accordance with Section 163.3229, Florida Statutes. For
44 the duration of this Agreement, the Parties agree that any development shall comply with and
45 be controlled by this Agreement, the Monroe County Code, and the Monroe County
Page 3 of 13
3166
Coca 1992406
Bkq 2696 P9N 1448
1 Comprehensive Plan governing the development of land in effect on the date of execution of
2 this Agreement, in accordance with Section 163.3220,Florida Statutes.
3
4 D. Permitted Uses.
5
6 1. SIMV,700 and 7009 Shrimp Road, Stock Island:
7
8 a. The SIMV Property currently has a MI Land Use (Zoning) District designation and a
9 corresponding MC Future Land Use Map designation.
10
11 b. In accordance with this Agreement and with the MC Future Land Use Map category,
12 as set forth in Monroe County Comprehensive Plan Policy 101.4.5,the permitted uses
13 in the MC Future Land Use Map category include, but are not limited to,commercial
14 retail; office; maritime industry; commercial fishing; hotels; marinas, light industrial
15 and accessory uses.
16
17 c. In accordance with this Agreement and with the MC Future Land Use Map category,
18 as set forth in Monroe County Comprehensive Plan Policy 101.4.5, the SIMV
19 Property shall maintain a minimum of 35% (or 4.28 acres) of the upland area of the
20 property for working waterfront and water dependent uses(excluding transient uses).
21
22 d. In accordance with this Agreement and with the MC Future Land Use Map category,
23 as set forth in Monroe County Comprehensive Plan Policy 101.4.5, the SIMV
24 Property shall maintain a minimum of 20%of the existing wet slips and 10% of any
25 future new wet slips for vessels involved with recreational and commercial working
26 waterfront uses. The dockage for recreational and commercial working waterfront
27 uses shall be documented on the final development plan and shall be a written
28 condition of any permit approval.
29
30 e. In accordance with this Agreement and with the MC Future Land Use Map category,
31 as set forth in Monroe County Comprehensive Plan Policy 101.4.5, the SIMV
32 Property shall be limited to commercial retail uses of less than 5,000 square feet of
33 floor area.
34
35 f. In accordance with this Agreement and with the MI Land Use (Zoning) District, as
36 set forth in Monroe County Code Section 130-85, and in compliance with other
37 provisions of the Code, the permitted uses in the MI Land Use (Zoning) District
38 include, but are not limited to, commercial retail; office; light industrial; commercial
39 fishing;hotels; marinas and accessory uses.
40
41 g. The redevelopment of the SIMV Property includes the addition of up to one hundred
42 (100)hotel rooms,restaurants,a fish house retail and distribution operation, and other
43 improvements related to the existing marina and accessory development. Not
44 including accessory structures related to the hotel use, the nonresidential intensity
45 shall not exceed 80,000 square feet.
46
Page 4 of 13
3167
Doca 1992406
Bkp 2696 P90 1449
1 h. The height of any new structure associated with the redevelopment of the SIMV
2 Property shall not exceed 35 feet measured from grade, except for solar apparatus,
3 according to the Monroe County Code in effect at the execution of this Agreement.
4 Height is defined as "the vertical distance between grade and the highest part of any
5 structure, including mechanical equipment, but excluding chimneys; spires and/or
6 steeples on structures used for institutional and/or public uses only; radio and/or
7 television antenna, flagpoles; solar apparatus; utility poles and/or transmission
8 towers; and certain antenna supporting structures with attached antenna and/or
9 collocations as permitted in chapter 146. However, in no event shall any of the
10 exclusions enumerated in this section be construed to permit any habitable or usable
11 space to exceed the applicable height limitations." Monroe County Code defines
12 "Grade" as the highest natural elevation of the ground surface, prior to construction,
13 next to the proposed walls of a structure, or the crown or curb of the nearest road
14 directly adjacent to the structure, whichever is higher. For purposes of the SIMV
15 Property grade shall be determined based on the attached topographic survey attached
16 hereto as Exhibit 5.
17
18 E. Public Facilities. The impact on public facilities is nominal. The number of existing
19 transient residential dwelling units and non-residential intensity at SIMV were recognized in
20 the planning of the sewage treatment plant serving Stock Island.
21
22 1. The Florida Keys Aqueduct Authority provides domestic potable water to the SIMV
23 Property. Excluding existing development that may already be metered, the Florida Keys
24 Aqueduct Authority will master meter the hotel use. In addition, excluding existing
25 development that may already be metered, the Florida Keys Aqueduct Authority will
26 meter other types of development accordingly.
27
28 2. Keys Energy Services provides electric service to the SIMV Property. Excluding existing
29 development that may already be metered, Keys Energy Services will master meter the
30 hotel use. In addition, excluding existing development that may already be metered, Keys
31 Energy Services will meter other types of development accordingly.
32
33 3. Solid waste service is provided to each property by a solid waste collection system
34 franchised by Monroe County.
35
36 4. The SIMV Property is connected to central sewer via KW Resort Utilities Corp.'s
37 system.
38
39 F. Reservation or Dedication of Land. There is no reservation or dedication of land for public
40 purposes contemplated by this Agreement.
41
42 G. Development Allowed and Required. The following specific criteria are those which will
43 guide development of the Property,and are standards by which any further approvals shall be
44 measured and shall be as follows:
45
Page 5 of 13
3168
Doan 1992406
Bkp 2696 Pgq 1450
1 a. The SIMV Property consists of 44.124 gross acres consisting of 12.24 acres of upland
2 and 31.884 acres of submerged land.
3
4 b. SIMV Property is permitted to transfer up to (100) transient TRE's from property(s)
5 located in the Lower Keys and Big Pine Key ROGO subareas.
6
7 c. Provided such development can be designed and approved by all applicable codes,
8 including but not limited to the Monroe County Code and Florida Building Code,
9 SIMV is permitted to develop the following buildings, facilities and structures on the
10 SIMV Property pursuant to this Agreement:
11
12 i. Up to one hundred(100)hotel rooms to be developed into a hotel.
13
14 ii. Additional amenities ancillary and accessory to the marina use, including two
15 restaurants and a pool bar with up to 300 seats and up to 7,000 square feet of floor
16 area.
17
18 iii. Additional amenities ancillary and accessory to the hotel use, including a lobby,
19 gatehouse, offices, fitness center, bath house, maintenance, and housekeeping
20 consisting of up to 10,000 square feet as depicted on plans submitted with this
21 Agreement.
22
23 iv. A marine services, retail, fish house retail and distribution building, boat barn
24 consisting of up to 40,000 square feet as depicted on plans submitted with this
25 Agreement.
26
27 v. Parking areas and landscaping
28
29 vi. Public access is permitted to the SIMV Property from 7:00 a.m,until dusk.
30
31 vii. Working waterfront and water dependent uses, such as marina, fish house/market,
32 boat repair, boat building, boat storage, or other similar uses but excluding
33 transient uses, shall be preserved by maintaining a minimum of 35%of the upland
34 area of the property for those uses.
35
36 (a) at least 20% of the existing wet slips shall be preserved for vessels involved
37 with recreational and commercial working waterfront uses, excluding live-aboard
38 vessels solely used as a residence and not for navigation.
39 (b) at least 10% of the new wet slips shall be preserved for vessels involved with
40 recreational and commercial working waterfront uses, excluding live-aboard
41 vessels solely used as a residence and not for navigation.
42 (c) the preservation of dockage for recreational and commercial working
43 waterfront uses shall be documented on the final development plan and shall be a
44 written condition of any permit approval.
45 (d)Permanent residential development shall be limited to commercial apartments
46 or employee housing.
Page 6 of 13
3169
poop 1992406
Bkti 2696 P9q 1451
1 (e) The preservation of a public access walkway shall be required for all parcels
2 with direct access to the water. Consideration shall be given to security and the
3 physical constraints of the parcel. The public access walkway shall be
4 documented on the final development plan to link a continuous walkway and shall
5 be a written condition of any permit approval.
6 (f) Parcels shall be limited to commercial retail uses of less than 5,000 square feet
7 of floor area.
8
9 H. Site Plan Approval: Monroe County does hereby accept the conceptual site plan of the
10 SIMV Property. The conceptual site plan is attached as Exhibit 6. The development shall be
11 consistent with all applicable codes, including but not limited to the Monroe County
12 Comprehensive Plan and Monroe County Code. Following a review of compliance with such
13 codes, the final site plan must be approved by the Monroe County Planning Commission as
14 an amendment to the Property's major conditional use permit. The Planning Commission has
15 final authority over the site plan and the site plan may be amended by the Planning
16 Commission.
17
18 I. Military Installation Area of Impact. SIMV acknowledges and understands the SIMV
19 Property is within the Military Installation Area of Impact Overlay as defined by the Monroe
20 County Comprehensive Plan. The SIMV Property is located in the 55—59 and 60—64 DNL
21 (Day-Night Average Sound Level) noise contours pursuant to the 2013 Navy Final
22 Environmental Impact Statement. While not within a 65 DNL Noise Zone or greater, SIMV
23 agrees to sound attenuate all habitable buildings and shall strive to achieve an outdoor to
24 indoor Noise Level Reduction Level (NLR) of at least 25 decibels. Normal permanent
25 construction can be expected to provide a NLR of 20 dB.
26
27 J. Finding of Consistency. By entering into this Agreement, Monroe County finds that the
28 development permitted or proposed herein is consistent with the Monroe County
29 Comprehensive Plan and Monroe County Code.
30
31 K. Breach,Amendment,Enforcement,and Termination.
32
33 a. Material Breach: A material breach by the Parties is the failure of any Party to
34 comply with the terms of this Agreement after Notice as provided herein.
35
36 b. Notice: Upon any Party's material breach of the terms and conditions of this
37 Agreement, the non-breaching Party shall serve written Notice of the breach upon the
38 breaching Party pursuant to the procedure established in this Agreement and shall
39 provide the opportunity, within ninety (90)days of the date such Notice is served, to
40 propose a method of fulfilling the Agreement's terms and conditions or curing the
41 breach. The breaching Party shall be provided an additional ninety (90) days to cure
42 the material breach or to negotiate an amendment to this Agreement within a
43 reasonable time, as mutually agreed to by the Parties. This Agreement is not subject
44 to arbitration and must be amended in accordance with the statutory requirements.
45
Page 7 of 13
3170
DocM 1992406
Blot 2696 Pgtt 2452
1 c. Amendment or Termination: The Parties hereto shall at all times adhere to the
2 terms and conditions of this Agreement. Amendment, termination, extension, or
3 revocation of this Agreement shall be made in accordance with the notification and
4 procedural requirements set forth herein.
5
6 i. Amendments to this Agreement shall subject Parties to the laws and policies in
7 effect at the time of the amendment only if the conditions of Section 163.3233(2),
8 Florida Statutes,are met.
9
10 ii. No modifications, extensions, amendments, or alterations of the terms or
11 conditions contained herein shall be effective unless contained in a written
12 document approved and executed by the Parties.
13
14 iii. Amendment, extension or termination shall require at least two (2) public
15 hearings. The hearings shall be held pursuant to an application filed with Monroe
16 County by the Party seeking to amend or terminate this Agreement,along with the
17 requisite filing fee. Notice of public hearing shall be in accordance with Monroe
18 County Ordinances and Florida Statutes.
19
20 d. Enforcement:
21
22 i. After notice and an opportunity to respond and/or cure the material breach as
23 provided for below. Monroe County may utilize appropriate code compliance
24 remedies to cure any breach after notice and an opportunity to cure as provided
25 herein.
26
27 ii. Monroe County, the other Parties,their successors or assigns, or any aggrieved or
28 any adversely affected person as defined in Section 163.3215(2),Florida Statutes,
29 may file an action for injunctive relief in the Circuit Court of Monroe County to
30 enforce the terms of this Agreement or to challenge compliance with the
31 provisions of Sections 163.3243,Florida Statutes.
32
33 iii. Nothing contained herein shall limit any other powers, rights, or remedies that
34 either party has,or may have in the future,to enforce the terms of this Agreement.
35
36 L. Binding Effect of Agreement. The covenants, agreements, and obligations herein contained,
37 except as herein otherwise specifically provided,shall extend to,bind and inure to the benefit
38 of the Parties hereto and their respective personal representatives, heirs, successors and
39 assigns.
40
41 M. State and Federal Law. If State or Federal laws enacted after the effective date of this
42 Agreement preclude either Party's compliance with the terms of this Agreement, this
43 agreement shall be modified as is necessary to comply with the relevant State or Federal
44 Laws.
45
Page 8 of 13
3171
Docn 2992406
Bkp 2696 PSN 1433
1 O. Compliance with Other Laws. The failure of this Agreement to address a particular permit,
2 condition, term, or restriction shall not relieve the Parties of the necessity of complying with
3 the laws governing said permitting requirements, conditions,terms or restrictions.
4
5 P. Reservation of Rights. This Agreement shall not affect any rights, which may have accrued
6 to any party to this Agreement under applicable law. The Parties reserve any and all such
7 rights. All approvals referenced in this Agreement are subordinate to compliance with all
8 applicable laws, codes, and land development regulations and permits, except to the extent
9 otherwise provided for in this Agreement.
10
11 Q. No Permit. This Agreement is not and shall not be construed as a Development Permit,
12 Development Approval or authorization to commence development, nor shall it relieve the
13 Parties other than Monroe County of the obligations to obtain necessary Development
14 Approvals that are required under applicable law and under and pursuant to the terms of this
15 Agreement and Monroe County Code.
16
17 R. Good Faith; Further Assurances; No Cost. The Parties to this Agreement have negotiated
18 in good faith. It is the intent and agreement of the Parties that they shall cooperate with each
19 other in good faith to effectuate the purposes and intent of, and to satisfy their obligations
20 under, this Agreement in order to secure themselves the mutual benefits created under this
21 Agreement. The Parties agree to execute such further documents as may be reasonably
22 necessary to effectuate the provisions of this Agreement; provided that the foregoing shall in
23 no way be deemed to inhibit, restrict or require the exercise of Monroe County's police
24 power or actions of Monroe County when acting in a quasi-judicial capacity. Wherever in
25 this Agreement a provision requires cooperation, good faith or similar effort to be undertaken
26 at no cost to a party, the party co-operating, reviewing or undertaking the effort shall,
27 nonetheless, bear its cost of attendance at meetings, hearings, or proceedings and comment
28 and/or execution of documents, inclusive of the expense of its counsel.
29
30 S. Successors and Assigns. This Agreement shall constitute a covenant running with the land,
31 which shall be binding upon the Parties hereto,their successors in interest,heirs, assigns, and
32 personal representatives.
33
34 T. Joint Preparation. This Agreement has been drafted with the participation of the Parties
35 and their counsel, and shall not be construed against any party on account of draftsmanship.
36 The captions of each article, section and subsection contained in this Agreement are fore ease
37 of reference only and shall not affect the interpretational meaning of this Agreement.
38 Whenever the term "included" is used in this Agreement, it shall mean that the included
39 items,or terms are included without limitation as to any other items or terms, which may fall
40 within the listed category.
41
42 U. Notices. All notices, demands, requests or replies provided for or permitted by this
43 Agreement shall be in writing and may be delivered by any one of the following methods: (a)
44 by personal delivery; (b) by deposit with the United States Postal Service as Certified or
45 Registered mail, return receipt requested, postage prepaid, to the addresses stated below; or
46 (c) by deposit with an overnight express delivery service with proof of receipt to the
Page 9 of 13
3172
DocO 1992406
BkO 2696 P9U 1454
1 addresses stated below. Notice shall be deemed effective upon receipt. For purposes of
2 notice,demand,request, or replies:
3
4 The address of Monroe County shall be:
5
6 County Administrator
7 1100 Simonton Street
8 Room 2-205
9 Key West,Florida 33040
10
11 with a copy to
12
13 Robert Shillinger,,Esq.
14 County Attorney
15 PO Box 1026
16 Key West, Florida 33041
17 and
18 1111 12th Street, Suite 408
19 Key West,Florida 33040
20
21 The address of SIMV shall be:
22
23 C/O Matthew Strunk
24 7009 Shrimp Road
25 Key West,Florida 33040
26
27 And a copy to
28
29 Barton W. Smith,Esq.
30 Smith Oropeza,P.L.
31 138 - 142 Simonton Street
32 Key West,Florida 33040
33
34 It is the responsibility of the Parties to promptly notify all other Parties of any change in
35 name or address for receipt of notice,demand,request,or replies.
36
37 V. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes,
38 acts of God, inability to obtain labor or materials or reasonable substitutes therefore, riot,
39 civil commotion, fire or other casualty and other causes beyond the reasonable control of the
40 party obligated to perform, excluding the financial inability of such party to perform and
41 excluding delays resulting from appeals or rehearing, shall excuse the performance by such
42 party for a period equal to any such period of prevention, delay or stoppage. In order to avail
43 itself of this force majeure provision, the party invoking the same shall provide the other
44 party with a written notice that shall consist of a recitation of all events that constitute force
45 majeure events under this Section, together with the beginning and ending dates of such
46 events.
Page 10 of 13
3173
Doe# 1992406
Bk# 2696 P9# 1455
1
2 W. Construction. This Agreement shall be construed in accordance with the laws of the State of
3 Florida. The Parties to this Agreement have participated fully in the negotiation and
4 preparation hereof; and, accordingly, this Agreement shall not be more strictly construed
5 against any one of the Parties hereto. In construing this Agreement, the use of any gender
6 shall include every other and all genders, and captions and section and paragraph headings
7 shall be disregarded. All of the exhibits attached to this Agreement are incorporated in, and
8 made a part of,this Agreement.
9
10 X. Omission. The Parties hereto recognize and agree that the failure of this Agreement to
11 address a particular permit, condition,terms or restriction shall not relieve either Party of the
12 necessity of complying with the law governing said permitting requirements, conditions,
13 term,or restriction notwithstanding any such omission.
14
15 Y. Jurisdiction and Governing Law. The Parties hereto agree that any and all suits or actions
16 at law shall be brought in Monroe County,Florida and no other jurisdiction. This Agreement
17 shall be construed and interpreted under the laws of the State of Florida. This Agreement is
18 not subject to arbitration.
19
20 Z. Attorney's Fees and Costs. The Parties agree that in the event any cause of action or
21 administrative proceeding is initiated or defended by any party relative to the enforcement or
22 interpretation of this Agreement, the prevailing party shall be entitled to reasonable
23 attorney's fees, court costs, as an award against the non-prevailing party, and shall include
24 attorney's fees, courts costs, in appellate proceedings. Mediation proceedings initiated and
25 conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil
26 Procedure and usual and customary procedures required by the circuit court of Monroe
27 County.
28
29 AA. Time of Essence. Time shall be of the essence for each and every provision of this
30 Agreement.
31
32 BB. Entire Agreement. This Agreement, together with the documents referenced herein,
33 constitute the entire agreement and understanding among the Parties with respect to the
34 subject matter hereof, and there are no other agreements, representations or warranties other
35 than as set forth herein. This Agreement may not be changed, altered or modified except by
36 an instrument in writing signed by the Party against whom enforcement of such change
37 would be sought and subject to the requirements for the amendment of development
38 agreements in the Act.
39
40 CC. Counterparts. This Agreement may be executed in one or more counterparts, and by
41 different Parties hereto in separate counterparts, each of which when executed shall be
42 deemed to an original but all which taken together constitute one and the same agreement.
43
44 DD. Recording. Monroe County shall record this Agreement with the Clerk of the Circuit Court
45 of Monroe County within fourteen(14) days following signature by all Parties. SIMV agrees
46 that it shall be responsible for all recording fees and other related fees and costs related to the
Page 11 of 13
3174
DocM 1992406
Bkq 2696 Pgtt 1456
1 recording and delivery of this Agreement as described in this section. The provisions hereof
2 shall remain in full force and effect during the term provided herein and shall be binding
3 upon all successors in interest to the Parties to this Agreement.
4
5 EE. Conflicting Resolutions. All resolutions or parts thereof in conflict with the provisions of
6 this Agreement and its resolution are hereby repealed to the extent of such conflict.
7
8 FF. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid
9 under any applicable law or regulation, such provisions shall be inapplicable and deemed
10 omitted to the extent so contrary, prohibited, or invalid; however, the remainder of the
11 Agreement shall not be invalidated thereby and shall be given full force and effect as if the
12 contrary,prohibited, or invalid provision was never a part hereof.
13
14 IV.Effective Date. The"Effective Date"of this Agreement is forty-five (45)days after the duly
15 signed and recorded Agreement is received by the Florida Department of Economic
16 Opportunity pursuant to Chapter 380, Florida Statutes, and if appealed, until the appealed is
17 resolved and if challenged until the challenge is resolved.
18
19
20 [Rest of page intentionally left blank,signature page to follow]
21
Page 12 of 13
3175
1
2 IN WITNESS WHEREOF,the Parties hereto have set their hands and seals on the day and year
3 below written.
4
5 Lan stock II LLC
6
7
8 (!6�
ald Foss
9
10 Title: Manager Doc# 1992406
11 Bk# 2696 Pq# 1457
12 Date: - j l�o I11�
13
14 The foregoing instrument was acknowledged before me on this I& day of
15 2014,by Donald Foss,the manager of Longstock II, LLC. He is personally known to me and did
16 not take an oath.
17 �J&A��
18 Count of 1\0mu Notary Public
19 State of YLi OFF My commission expires
20
21 SEAL, JAM CARTER
- NOTARY PUBLIC
23 STATE OF FLORIDA
24 z r Facpires 8/8R016
25
26
27 ° �L AVILIN CLERK MO CO RD OF
28 CO Y CO I IO
29 % r
30 -
31 DEPUTY CLEAK AYOR
MON UNTY ATTORNEY
PRO D AS TO FOR
Dale:
Page 13 of 13
3176
Docp 1992406
Bka 2596 P90 1458
Dean 1818016 01/04/2011 31:13pM
Filed b Recorded in Official Records of
MONROE COUNTY DANNY L. KOI.HAGE
This Document Prepared By and Return To:
Joe Miklos.Esq. 01/04/2011 11:13AM
Joe Miklos,P.A. DEED DOC STAMP CL: RHONDA $112,000,90
P.O.Box 366
Islamorada,FL 33036
Parcel lfl Number: 9091103 et seq. Dean 1819015
BkN 2499 Pg# 355
Special Warranty Deed
This Indenture, made this�day of December, 2010, between NEW STOCK
ISLAND PROPERTIES, LLC, a Delaware limited liability company, authorized to
do business in the State of Florida, having an address of 7009 Shrimp Road,
Suite 2, Key West, Monroe County, Florida 33040, grantor and
LONGSTOCK 1I, LLC, a Florida limited liability company, having an address of
7009 Shrimp Road, Suite 2, Key West, Monroe County, Florida 33040,
grantee.
WITNESSETH that the Grantor, for and in consideration of the sum of TEN
($10) DOLLARS and other good and valuable consideration to Grantor in hand
paid by Grantee, the receipt whereof is hereby acknowledged, has granted,
bargained and sold to the said Grantee and Grantee's heirs, successors and
assigns forever, the following described land, situate, lying and being in the
County of Monroe, State of Florida, to wit:
SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT"A" HERETO
NOTE: This is an absolute conveyance of the title in consideration of the
cancellation of the debt secured by the mortgage and is not intended to be an
additional security.
Together with all tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that grantor is lawfully
seized of said land in fee simple; that grantor has good right and lawful
authority to sell and convey said land; that grantor hereby fully warrants the
title to said land and will defend the same against the lawful claims of all
persons claiming by, through or under grantor.
1
Exhibit 1
3177
Doep 1992406
Doem 1819019 BkO 2696 PSN 1459
Bkp 2499 Pg# 356
In Witness Whereof, the grantor has hereunto set its hand and seal the day
and year first above written.
Signed, sealed and delivered NEW STOCK ISLAND PROPERTIES, LLC,
in our presence a Delaware limited liability company
By: New Stock Island Properties II, LLC,
a Delaware limited liability company
its Member
By: New Stock Island Properties III, LLC,
Printed name: a Delaware limited liability company
Witness its Member
'&1!Gf(F' By: EVA Realty, LLC, a Delaware limited
P�inted name:6�L,f,,e ru1IJ liability company its Manager
Witness /
By:
mftyiew StruAy
Title: -jr-• WJL-
STATE OF QwO V
COUNTY OF
The foregoing instrument was acknowledged before me this c day of
December, 2010, by Matthew Strunk, as AAoriud 64a of EVA Realty,
LLC, the Manager of New Stock Island III, LLC, a Delaware limited liability
company, the Member of New Stock Island Properties II, LLC, a Delaware
limited liability company, the Member of New Stock Island Properties, LLC, a
Delaware limited liability company, on behalf of said companies, who is
personally known to me or who produced NJ E, ,m,P,;t+ as identification.
Notw,Mblic
tzlt Ne: .N k Cjqc-=Q..
(Seal) ,on No. t 01G1&22 Rahy-
Commission Expires: W 1.111,- '14
JANET GERENA
No"Public
01656223275stateofNew York
Qualmed in Suffolk
Count 1`
Cortnnlaslon Expires
2
Exhibit 1
3178
Duct! 1819016 DocV 1992406 1460
EXHIBIT A Oka 2499 Psm 357 Oka 2696
PARCEL A:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST;
484.79 FEET; THENCE BEAR SOUTH 05 DEGREES 39 MINUTES 55 SECONDS WEST,
938.76 FEET; THENCE BEAR SOUTH 08 DEGREES 09 MINUTES 05 SECONDS EAST
249.71 FEET; THENCE BEAR SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST,
131.51 FEET; THENCE BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST,
456.55 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND AND
SUBMERGED LANDS HEREIN AFTER DESCRIBED; FROM SAID POINT OF BEGINNING
CONTINUE BEARING SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST,
119.17FEET; THENCE BEAR SOUTH 05 DEGREES 54 MINUTES 55 SECONDS WEST,
186.69 FEET; THENCE BEAR SOUTH 84 DEGREES 05 MINUTES 05 SECONDS EAST,
175.00 FEET TO A POINT; THENCE BEAR NORTH 34 DEGREES 32 MINUTES 55
SECONDS EAST, 116.44 FEET TO A POINT; THENCE BEAR NORTH 89 DEGREES 27
MINUTES 55 SECONDS EAST, 915.36 FEET TO A POINT; THENCE BEAR NORTH 06
DEGREES 02 MINUTES 03 SECONDS WEST, 230.00 FEET, TO A POINT WHICH IS
BEARING NORTH 89 DEGREES 27 MINUTES 55 SECONDS EAST FROM THE
AFOREMENTIONED POINT OF BEGINNING; THENCE BEAR SOUTH 89 DEGREES 27
MINUTES 55 SECONDS WEST FOR A DISTANCE OF 1108.00 FEET BACK TO THE
POINT OF BEGINNING.
PARCEL B:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA,AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH
STREET AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK
ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA, BEAR SOUTH 83 DEGREES, 56 MINUTES EAST, 485.00
FEET; THENCE BEAR SOUTH 05 DEGREES, 47 MINUTES WEST, 938.88 FEET;
THENCE BEAR SOUTH 08 DEGREES,02 MINUTES EAST, 249.71 FEET;THENCE BEAR
SOUTH 14 DEGREES, 31 MINUTES EAST, 131.51 FEET; THENCE BEAR SOUTH 02
DEGREES, 04 MINUTES WEST, 262.26 FEET TO THE POINT OF BEGINNING OF THE
TRACT OF LAND AND SUBMERGED LAND HEREINAFTER DESCRIBED; THENCE
SOUTH 84 DEGREES 19 MINUTES EAST, 140 FEET MORE OR LESS TO THE OUTSIDE
FACE OF AN EXISTING CONCRETE SEAWALL;THENCE BEAR NORTH 88 DEGREES, 56
MINUTES EAST, 970 FEET, MORE OR LESS, OUT INTO AN EXISTING SLIP; THENCE
BEAR SOUTH 05 DEGREES, 55 MINUTES WEST, 180 FEET, MORE OR LESS, TO THE
CENTER LINE OF AN EXISTING SPIT OF LAND; THENCE BEAR SOUTH 89 DEGREES,
32 MINUTES WEST, ALONG SAID CENTER LINE OF SAID SPIT OF LAND 1108 FEET,
MORE OR LESS, TO A POINT WHICH IS BEARING SOUTH 02 DEGREES, 04 MINUTES
WEST FROM THE POINT OF BEGINNING; THENCE BEAR NORTH 02 DEGREES, 04
MINUTES EAST, 194.29 FEET BACK TO THE POINT OF BEGINNING.
ALSO DESCRIBED AND INSURED AS:
3
Exhibit 1
3179
Dean 1819016 Docq 1992406
Bkq 24" Pg# 358 Bko 2696 PgN 1461
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED 13Y METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST
484.79 FEET; THENCE BEAR SOUTH 05 DEGREES 39 MINUTES 55 SECONDS WEST,
938.76 FEET; THENCE BEAR SOUTH 08 DEGREES 09 MINUTES 05 SECONDS EAST
249.71 FEET; THENCE BEAR SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST
131.51 FEET; THENCE BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST
262.26 FEET TO THE POINT OF BEGINNING OF THE 'TRACT OF LAND AND
SUBMERGED LAND HEREINAFTER DESCRIBED; THENCE SOUTH 84 DEGREES 26
MINUTES 05 SECONDS EAST, 131.81 FEET TO THE OUTSIDE FACE OF AN EXISTING
CONCRETE SEAWALL;THENCE BEAR NORTH 88 DEGREES 48 MINUTES 55 SECONDS
EAST 977.77 FEET OUT INTO AN EXISTING SLIP; THENCE BEAR SOUTH 05 DEGREES
37 MINUTES 29 SECONDS WEST, 192,30 FEET TO THE CENTERLINE OF AN EXISTING
SPIT OF LAND; THENCE BEAR SOUTH 89 DEGREES 27 MINUTES 55 SECONDS WEST,
ALONG SAID CENTERLINE OF SAID SPIT OF LAND 1096.56 FEET TO A POINT WHICH
IS BEARING SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST FROM THE POINT
OF BEGINNING;THENCE BEAR NORTH 01 DEGREES 56 MINUTES 55 SECONDS EAST,
194.29 FEET BACK TO POINT OF BEGINNING.
PARCEL C:
A TRACT OF LAND AND SUBMERGED LAND AT STOCK ISLAND, MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND AS
RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, BEAR SOUTH 84° 02' 07" EAST, 484.79 FEET; THENCE BEAR
SOUTH 05° 39' 55" WEST, 938.76 FEET; THENCE BEAR SOUTH 08° 09' 05" EAST,
249.71 FEET; THENCE BEAR SOUTH 14' 38' 05" EAST, 36.68 FEET TO THE POINT OF
BEGINNING OF THE TRACT OF LAND AND SUBMERGED LANDS HEREINAFTER
DESCRIBED; THENCE CONTINUE HEARING SOUTH 14° 38' 05" EAST, 94.83 FEET;
THENCE BEAR SOUTH 01° 56' 55" WEST, 82.95 FEET; THENCE BEAR NORTH 89° 24'
55" EAST, 1120.76 FEET, OUT ONTO A SPIT OF LAND TO THE SHORELINE; THENCE
BEAR NORTH 05037'29" EAST, 161.06 FEET TO A POINT; THENCE BEAR SOUTH 89°
24' 55" WEST, 1000.60 FEET TO A POINT ON A CONCRETE SEAWALL, SAID POINT
BEARING SOUTH 85' 13' 05" EAST FROM THE POINT OF BEGINNING; THENCE BEAR
NORTH 85' 13' 05"WEST, 157.63 FEET TO THE POINT OF BEGINNING.
PARCEL E:
A PARCEL OF FILLED LAND AND ADJACENT BAY BOTTOM LYING SOUTHERLY OF
BLOCK 57, MALONEY'S SUBDIVISION OF A PART OF STOCK ISLAND, MONROE
COUNTY, FLORIDA AS RECORDED IN PLAT BOOK I AT PAGE 55 OF MONROE COUNTY
PUBLIC RECORDS AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM THE INTERSECTION OF THE EASTERLY LINE OF 5TH STREET (AS
CONSTRUCTED)AND THE SOUTHERLY LINE OF 5TH AVENUE (AS CONSTRUCTED) GO
EASTERLY ALONG THE SOUTHERLY LINE OF 5TH AVENUE A DISTANCE OF 500 FEET
TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A DISTANCE OF 730 FEET
TO A POINT; THENCE EASTERLY AND AT RIGHT ANGLES A DISTANCE OF 191.5 FEET
4
Exhibit 1
3180
Doeit 3819016 Occa 1992406
Bku 2499 P9p 3!59 Bkq 2696 Pgq 1462
TO A POINT WHICH IS THE POINT OF BEGINNING; THENCE CONTINUE EASTERLY
ALONG THE PROLONGATION OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE
OF 393.5 FEET TO A POINT, THENCE SOUTHERLY AND AT RIGHT ANGLES A
DISTANCE OF 226,08 FEET TO A POINT;THENCE EASTERLY AND AT RIGHT ANGLES A
DISTANCE OF 125 FEET TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A
DISTANCE OF 20 FEET TO A POINT IN AN EXISTING SEAWALL; THENCE WESTERLY
AND PARALLEL WITH THE SOUTHERLY FACE OF SAID SEAWALL A DISTANCE OF
450.1 FEET TO A POINT; THENCE NORTHERLY AND AT RIGHT ANGLES TO A
SOUTHERLY LINE OF FIFTH AVENUE A DISTANCE OF 30 FEET TO A POINT; THENCE
WESTERLY AND AT RIGHT ANGLES A DISTANCE OF 68.5 FEET TO A POINT; THENCE
NORTHERLY AND AT RIGHT ANGLES A DISTANCE OF 227.2 FEET BACK TO THE POINT
OF BEGINNING.
ALSO
A PARCEL OF BAY BOTTOM SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY
LINE OF THE ABOVE DESCRIBED PARCEL, SAID BAY BOTTOM BEING 10 FEET WIDE.
ALSO DESCRIBED AND INSURED AS:
A PARCEL OF FILLED LAND AND ADJACENT BAY BOTTOM LYING SOUTHERLY OF
BLOCK 57, MALONEY'S SUBDIVISION OF A PART OF STOCK ISLAND, MONROE
COUNTY,FLORIDA AS RECORDED IN PLAT BOOK 1 AT PAGE 55 OF MONROE COUNTY
PUBLIC RECORDS AND 1S MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 84' 02' 07" E, ALONG
SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE 499.98 FEET TO THE EASTERLY LINE
OF AN EASEMENT AGREEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 780,
PAGE 1169 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA;THENCE S 05'
57' 53" W, ALONG SAID EASTERLY LINE, A DISTANCE 729,82 FEET TO THE
SOUTHERLY LINE OF AN INGRESS/EGRESS EASEMENT AS RECORDED IN OFFICIAL
RECORDS BOOK 1239, PAGE 464 OF THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA; THENCE S 84° 02' 07" E, ALONG SAID SOUTHERLY LINE, A DISTANCE
191.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID
SOUTHERLY LINE S 84°02'07" E, A DISTANCE OF 393.51; THENCE S 06° 00' 38" W, A
DISTANCE OF 227.17 FEET; THENCE S 85° 29' 39" E, A DISTANCE OF 125,00 FEET;
THENCE S 06' 01' 16"W, A DISTANCE OF 20.01 FEET TO THE SOUTHERLY FACE OF A
CONCRETE SEAWALL; THENCE N 85' 29' 39" W, ALONG SAID SOUTHERLY LINE, A
DISTANCE OF 450.10 FEET; THENCE N 06° 23' 31" E, A DISTANCE OF 30.00 FEET;
THENCE N 85° 29' 39" W, A DISTANCE 68.50 FEET; THENCE N 05` 56' 58" E, A
DISTANCE OF 227,20 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
A PARCEL OF BAY BOTTOM SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY
LINE OF THE ABOVE DESCRIBED PARCEL, SAID BAY BOTTOM BEING 10 FEET WIDE.
TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER AND UPON THE
FOLLOWING DESCRIBED PROPERTY, RECORDED IN OFFICIAL RECORDS BOOK 1239,
PAGE 464, AND ALSO IN OFFICIAL RECORDS BOOK 2287, PAGE 719, PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA, SITUATED, LYING AND BEING IN THE
COUNTY OF MONROE, STATE OF FLORIDA, TO WIT: A PARCEL OF LAND LYING
SOUTHERLY OF BLOCK 57, MALONEY'S SUBDIVISION OF PART OF STOCK ISLAND,
MONROE COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 1, AT PAGE 55, MONROE
5
Exhibit 1
3181
Doc# 1819616 Bk#269624P9p 1453
Bk# 2499 P9# 360
COUNTY OFFICIAL RECORDS, AND IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
FROM THE INTERSECTION OF THE EAST LINE OF 5TH STREET (AS CONSTRUCTED)
AND THE SOUTHERLY LINE OF 5TH AVENUE (AS CONSTRUCTED) GO WESTERLY
ALONG THE SOUTHERLY LINE OF 5TH AVENUE A DISTANCE OF 499 FEET TO A
POINT, WHICH POINT IS THE POINT OF BEGINNING; THENCE SOUTHERLY AND AT
RIGHT ANGLES A DISTANCE OF 701 FEET TO A POINT; THENCE EASTERLY AND AT
RIGHT ANGLES A DISTANCE OF 586 FEET TO A POINT; THENCE SOUTHERLY AND AT
RIGHT ANGLES A DISTANCE OF 29 FEET TO A POINT; THENCE WESTERLY AND AT
RIGHT ANGLES A DISTANCE OF 615 FEET TO A POINT;THENCE NORTHERLY AND AT
RIGHT ANGLES A DISTANCE OF 730 FEET TO A POINT IN THE SOUTHERLY LINE OF
5TH AVENUE; THENCE EASTERLY AND AT RIGHT ANGLES AND ALONG THE
SOUTHERLY LINE OF 5TH AVENUE A DISTANCE OF 29 FEET BACK TO THE POINT OF
BEGINNING.
SAID EASEMENT ALSO DESCRIBED AND INSURED AS:
A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST,
MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF BLOCK 57 OF MCDONALD'S PLAT OF A
PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY RIGHT-
OF-WAY LINE OF FIFTH AVENUE SOUTH 84°02'07" EAST, A DISTANCE OF 499.98
FEET TO THE WEST LINE OF TRUSTEE'S DEED N0.20083 AS RECORDED IN O.R.
BOOK G-65, PAGE 82; THENCE LEAVING SAID LINE SOUTH 05° 57' 53"WEST,ALONG
SAID LINE A DISTANCE OF 699.82 FEET TO THE POINT OF BEGINNING; THENCE
SOUTH 84' 02' 07" EAST, PARALLEL WITH THE SOUTHERLY LINE OF SAID FIFTH
AVENUE A DISTANCE OF 740.00 FEET; THENCE SOUTH 05" 57' 53" WEST, A
DISTANCE OF 40.00 FEET;THENCE NORTH 84° 02' 07" WEST, A DISTANCE OF 155,00
FEET; THENCE NORTH 05° 57' 53" EAST, A DISTANCE OF 10.00 FEET; THENCE
NORTH 84° 02' 07" WEST, A DISTANCE OF 585.00 FEET TO THE WEST LINE OF SAID
TRUSTEE'S DEED; THENCE NORTH 05° 57' 53" EAST, ALONG SAID LINE A DISTANCE
OF 30.00 FEET TO THE POINT OF BEGINNING.
PARCEL F:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, BEAR SOUTH 83 DEGREES AND 56 MINUTES EAST, 485.00 FEET; THENCE
BEAR SOUTH 05 DEGREES AND 47 MINUTES WEST, 938.88 FEET; THENCE BEAR
SOUTH 08 DEGREES AND 02 MINUTES EAST, 249,71 FEET; THENCE BEAR SOUTH 14
DEGREES AND 31 MINUTES EAST, 131.51 FEET; THENCE BEAR SOUTH 02 DEGREES
AND 04 MINUTES WEST, 82.95 FEET TO THE POINT OF BEGINNING OF THE TRACT OF
LAND AND SUBMERGED LANDS HEREINAFTER DESCRIBED; THENCE CONTINUE
BEARING SOUTH 02 DEGREES AND 04 MINUTES WEST, 179,31 FEET; THENCE BEAR
SOUTH 84 DEGREES AND 19 MINUTES EAST, 140.00 FEET, MORE OR LESS, TO THE
OUTSIDE FACE OF AN EXISTING CONCRETE SEAWALL; THENCE BEAR NORTH 88
DEGREES AND 56 MINUTES EAST OUT INTO A SLIP 970 FEET, MORE OR LESS, TO A
POINT; THENCE BEAR NORTH 05 DEGREES AND 55 MINUTES EAST, 150.00 FEET,
MORE OR LESS, TO A POINT WHICH IS BEARING NORTH 89 DEGREES AND 32
MINUTES EAST FROM THE POINT OF BEGINNING; THENCE BEAR SOUTH 89
6
Exhibit 1
3182
DocN
DOCK 1819015 BkN 269624PgN 1464
Bkm 2499 Pgl1 361
DEGREES AND 32 MINUTES WEST, 1120,00 FEET, MORE OR LESS, BACK TO THE
POINT OF BEGINNING.
ALSO DESCRIBED AND INSURED AS:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED 13Y METES AND BOUNDS AS
FOLLOWS;
COMMENCING AT THE INTTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST, 484.79 FEET;
THENCE BEAR SOUTH 05 DEGREES 39 MINUTES 55 SECONDS WEST, 938.76 FEET;
THENCE BEAR SOUTH 08 DEGREES 09 MINUTES 05 SECONDS EAST, 249.71 FEET;
THENCE SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST, 131.51 FEET;THENCE
BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST, 82.95 FEET TO THE
POINT OF BEGINNING OF THE TRACT OF LAND AND SUBMERGED LANDS
HEREINAFTER DESCRIBED; THENCE CONTINUE BEARING SOUTH 01 DEGREES 56
MINUTES 55 SECONDS WEST, 179.31 FEET; THENCE BEAR SOUTH 84 DEGREES 26
MINUTES 05 SECONDS EAST, 131.81 FEET TO THE OUTSIDE FACE OF AN EXISTING
CONCRETE SEAWALL; THENCE BEAR NORTH 88 DEGREES 48 MINUTES 55 SECONDS
EAST OUT INTO A SLIP,977.77 FEET TO A POINT;THENCE BEAR NORTH 05 DEGREES
37 MINUTES 29 SECONDS EAST, 184,10 FEET TO A POINT WHICH IS BEARING NORTH
89 DEGREES 24 MINUTES 55 SECONDS EAST FROM THE POINT OF BEGINNING;
THENCE BEAR SOUTH 89 DEGREES 24 MINUTES 55 SECONDS WEST, 1120,76 FEET
BACK TO THE POINT OF BEGINNING,
PARCEL G:
A PARCEL OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED-IN PLAT BOOK 1, PAGE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 84° 02' 07" E ALONG
THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 484.98 FEET; THENCE S 05' 57'
53" W FOR A DISTANCE OF 938.76 FEET;THENCE S 08' 09' 05" E FOR A DISTANCE OF
109.75 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 08' 09' 05" E, A
DISTANCE OF 139.96 FEET; THENCE S 14' 38' 05" E, A DISTANCE OF 32.68 FEET;
THENCE S 850 13' 05" E, A DISTANCE OF 157.63 FEET; THENCE N 89° 24' 55" E, A
DISTANCE OF 49.99 FEET; THENCE N 05' 12' 11" E, A DISTANCE OF 161.18 FEET;
THENCE N 84° 02' 55" W, A DISTANCE OF 252.15 FEET TO THE POINT OF
BEGINNING.
PARCEL H:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH 84° 02' 07" EAST
ALONG THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 484.79 FEET; THENCE
SOUTH 05° 39' 55" WEST FOR A DISTANCE 938.76 FEET; THENCE SOUTH 08° 09' G5"
EAST FOR A DISTANCE OF 42.15 FEET TO THE EASTERLY LINE OF A 30 FOOT
EASEMENT AND THE EASTERLY RIGHT-OF-WAY LINE OF SHRIMP ROAD AS
7
Exhibit 1
3183
Docp 1992405
DOCK 1819016 Bkp 2696 Pqp 1465
Bkp 2499 PoU 362
RECORDED IN O.R. BOOK 2030, PAGE 949 (PARCEL A TRACT 1), OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE
LEAVING SAID LINE SOUTH 08'09'05" EAST, A DISTANCE OF 207.56 FEET; THENCE
SOUTH 14'38'05" EAST, A DISTANCE OF 131.51 FEET; THENCE SOUTH 01' 56' 55"
WEST,A DISTANCE OF 575.72 FEET;THENCE SOUTH 05' 54' 55" WEST, A DISTANCE
OF 186,69 FEET; THENCE SOUTH 84' 05' 05" EAST, A DISTANCE OF 175.00 FEET;
THENCE NORTH 34' 32' 55" EAST,A DISTANCE OF 116.44 FEET; THENCE NORTH 89'
27' 55" EAST, A DISTANCE OF 915.36 FEET; THENCE SOUTH 01' 07' 35" WEST, A
DISTANCE OF 384.62 FEET;THENCE NORTH 84' 02'07" WEST, A DISTANCE OF 30.84
FEET TO A MEAN HIGH WATER LINE;THENCE ALONG SAID MEAN HIGH WATER LINE
THE FOLLOWING TWENTY SEVEN (27) COURSES; 1. NORTH 08' 33' 02" EAST, A
DISTANCE OF 25,26 FEET; 2. NORTH 01'03' 10"WEST, A DISTANCE OF 36.70 FEET; 3.
NORTH 16'11'45" WEST, A DISTANCE OF 18.64 FEET; 4. NORTH 01'20'32" WEST, A
DISTANCE OF 27.71 FEET; 5. NORTH 05'48'23" EAST, A DISTANCE OF 27.11 FEET; 6.
NORTH 07'24'12" WEST, A DISTANCE OF 86.16 FEET; 7. NORTH 11' 54'I9" EAST, A
DISTANCE OF 34.64 FEET; 8. NORTH 09'22'05" WEST, A DISTANCE OF 27.51 FEET; 9.
NORTH 57' 40'41" WEST, A DISTANCE OF 4.94 FEET; 10. NORTH 84' 56' 08" WEST, A
DISTANCE OF 14.50 FEET; 11. NORTH 61'03'44" WEST, A DISTANCE OF 14.78 FEET;
12. SOUTH 85'47'17" WEST, A DISTANCE OF 117.62 FEET; 13. SOUTH 83"15'58"
WEST, A DISTANCE OF 26.59 FEET; 14. NORTH 85' 01' 19" WEST, A DISTANCE OF
21.47 FEET; 15, SOUTH 80'37'17" WEST, A DISTANCE OF 8.06 FEET; 16, NORTH
75'44'52" WEST, A DISTANCE OF 11.67 FEET; 17, SOUTH 86' 09' 28" WEST, A
DISTANCE OF 82.77 FEET; 18, SOUTH 89' 59' 29" WEST, A DISTANCE OF 40.54 FEET;
19. NORTH 64'26'30" WEST,A DISTANCE OF 6.15 FEET; 20. SOUTH 88'41'05"WEST, A
DISTANCE OF 60.16 FEET; 21. SOUTH 79'29'50" WEST, A DISTANCE OF 36.47 FEET;
22. NORTH 88'07'58" WEST, A DISTANCE OF 57.82 FEET; 23. NORTH 86' 26' 25"
WEST, A DISTANCE OF 91.35 FEET; 24. SOUTH 88' 24' 02" WEST, A DISTANCE OF
97,85 FEET; 25. SOUTH 81'39'19" WEST, A DISTANCE OF 76.27 FEET; 26. SOUTH
86'43'16" WEST, A DISTANCE OF 75.93 FEET; 27, SOUTH 81' 33' 16" WEST, A
DISTANCE OF 23.73 FEET; THENCE LEAVING SAID LINE SOUTH 07'52'54" WEST, A
DISTANCE OF 138.68 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SHRIMP
ROAD PER QUIT CLAIM DEED RECORDED IN O.R. BOOK 2030, PAGE 949, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA;THENCE ALONG THE NORTHERLY
AND EASTERLY RIGHT-OF-WAY LINE OF SAID SHRIMP ROAD THE FOLLOWING THREE
(3) COURSES AND DISTANCES: 1. NORTH 84' 02' 07" WEST, A DISTANCE OF 288.11
FEET TO A POINT OF CURVATURE; 2. NORTHWESTERLY ALONG THE ARC OF A
CURVE TO THE RIGHT, HAVING A RADIUS OF 75.00 FEET,AN ARC LENGTH OF 115.28
FEET,A CENTRAL ANGLE OF 88' 03' 57", AND A CHORD BEARING AND DISTANCE OF
NORTH 40'00'08" WEST, 104.26 FEET; 3. NORTH 04'01'50" EAST, A DISTANCE OF
555.62 FEET TO THE NORTHERN TERMINUS OF PARCEL A TRACT 2 OF SAID QUIT
CLAIM ON THE WEST LINE OF TRUSTEES DEED NO.20083 O.R.BOOK G-65, PAGE 82;
THENCE NORTH 05'57'53" EAST, ALONG SAID LINE A DISTANCE OF 606.85 FEET TO
THE POINT OF BEGINNING.
AND ALSO: BAY BOTTOM
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S. 84'02'07" E. ALONG
THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 499.98 FEET; THENCE S.
05'57'53" W. FOR A DISTANCE OF 2242.25 FEET;THENCE S.84'02'07"E., A DISTANCE
OF 1310.00 FEET,TO THE POINT OF BEGINNING;THENCE CONTINUE S.84'02'07"E.,A
DISTANCE OF 363.01 FEET TO THE CENTERLINE OF THE ENTRANCE OF THE
8
Exhibit 1
3184
Doep 1819815 DocN 1992406
SkN 2499 PoN 363 Bkq 2595 Pqp 1465
HARBOR; THENCE N.08'15'27"W., A DISTANCE OF 959.38 FEET; THENCE S. 81'44'33"
W., A DISTANCE OF 132.23 FEET; THENCE N. 05147'25" W., A DISTANCE OF 658.21
FEET; THENCE N. 83'54'54" W., A DISTANCE OF 255.03 FEET TO THE WESTERLY
PART OF THE BAY BOTTOM LINE; THENCE MEANDER THE SAID BAY BOTTOM LINE
SOUTHERLY FOR A CHORD OF S.14'34',07" E.,A DISTANCE OF 284.16 FEET;THENCE
N. 85'29'39" W., A DISTANCE OF 310.00 FEET; THENCE S. 06'01'16" W„ A DISTANCE
OF 10.00 FEET; THENCE N. 85'29'39" W., A DISTANCE OF 450.16 FEET; THENCE S.
06-23-31" W., A DISTANCE OF 49.85 FEET; THENCE S. 84"02'55" E., A DISTANCE OF
9.27 FEET; THENCE S. 05'12'11" W., A DISTANCE OF 161.18 FEET; THENCE N.
88'24'55" E., A DISTANCE OF 950.61 FEET; THENCE S. 05'37'29" W., A DISTANCE OF
537,46 FEET; THENCE N. 89'27'55" E., A DISTANCE OF 11.44 FEET; THENCE S.
06'02'03" E,, A DISTANCE OF 230.00 FEET; THENCE S.01'07'35" W., A DISTANCE OF
384.62 FEET TO THE POINT OF BEGINNING.
PARCEL 1:Intentionally Omitted (Leasehold/Option terminated effective 713112010)
PARCEL J:
A PARCEL OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF FIFTH
STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF THE PLAT
OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA;THENCE S 84' 02'07" a ALONG THE SAID
SOUTHERLY LINE OF FIFTH AVENUE FOR 499.98 FEET;THENCE S 05' 57'53"W FOR
A DISTANCE OF 913.46 FEET TO THE POINT OF BEGINNING; THENCE S 84" 02'07" E,
FOR A DISTANCE OF 191.55 FEET; THENCE S 05" 56' 58" W, A DISTANCE OF 43.56
FEET;THENCE S 85" 29'40" E,A DISTANCE OF 68.50 FEET;THENCE S 06' 23'31"W,
A DISTANCE OF 89,85 FEET; THENCE N 84' 02' 55"W, A DISTANCE OF 242.88 FEET;
THENCE N 08' 09' 05" W, A DISTENCE OF 67.60 FEET; THENCE N 05' 57' 53" E, A
DISTANCE OF 66.17 FEET TO THE POINT OF BEGINNING,
AS TO ALL PARCELS:
TOGETHER WITH THOSE BENEFICIAL EASEMENTS RECORDED IN OFFICIAL
RECORDS BOOK 780, PAGE 1169, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PARCEL OF LAND ON STOCK ISLAND, MONROE COUNTY, FLORIDA, AND BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF BLOCK 57 OF MCDONALD'S PLAT OF A
PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK 1 AT PAGE 55 OF PUBLIC
RECORDS, OF MONROE COUNTY, FLORIDA AND RUN THENCE SOUTH 83 DEGREES,
56 MINUTES EAST ALONG THE NORTH BOUNDARY LINE OF SAID BLOCK 57 FOR A
DISTANCE OF 470 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND
BEING DESCRIBED HEREIN; THENCE RUN SOUTH 6 DEGREES 04 MINUTES WEST
FOR A DISTANCE OF 1283.02 FEET; THENCE RUN SOUTH 41 DEGREES 58 MINUTES
EAST FOR A DISTANCE OF 40.35 FEET TO THE SOUTHEAST CORNER OF TRUSTEES
OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO.
24078 AND THE WEST BOUNDARY LINE OF TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 20083; THENCE RUN
SOUTH 6 DEGREES 04 MINUTES WEST ALONG THE WEST BOUNDARY LINE OF SAID
TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO, 20083 FOR A DISTANCE OF 932.25 FEET TO THE SOUTHWEST CORNER OF
9
Exhibit 1
3185
DccN 1992406
Deep 1819016 Bkq 2696 PgN 1467
Bkq 2499 Ppq 364
SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO. 20083;THENCE RUN SOUTH 83 DEGREES 56 MINUTES EAST ALONG THE
SOUTH BOUNDARY LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND
OF THE STATE OF FLORIDA DEED NO. 20083, THE SOUTH BOUNDARY LINE OF
TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO. 19837-A AND THE NORTH BOUNDARY LINE OF TRUSTEES OF THE
INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 20793 FOR A
DISTANCE OF 1116.72 FEET; THENCE RUN NORTH 6 DEGREES 04 MINUTES EAST
FOR A DISTANCE OF 30 FEET;THENCE RUN NORTH 83 DEGREES 56 MINUTES WEST
FOR A DISTANCE OF 1086.72 FEET; THENCE RUN NORTH 6 DEGREES 04 MINUTES
EAST FOR A DISTANCE OF 915.62 FEET; THENCE RUN NORTH 41 DEGREES 58
MINUTES WEST FOR A DISTANCE OF 40,35 FEET TO THE WEST BOUNDARY LINE OF
SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO. 20083 AND THE EAST BOUNDARY LINE OF SAID TRUSTEES OF THE
INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 24078;
THENCE RUN NORTH 6 DEGREES 04 MINUTES EAST ALONG THE WEST BOUNDARY
LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF
FLORIDA DEED NO. 20083 AND THE EAST BOUNDARY LINE OF SAID TRUSTEES OF
THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 24078,
EXTENDED NORTHERLY, FOR A DISTANCE OF 1269.65 FEET TO THE NORTH
BOUNDARY LINE OF SAID BLOCK 57;THENCE RUN NORTH 83 DEGREES 56 MINUTES
WEST ALONG THE NORTH BOUNDARY LINE OF THE SAID BLOCK 57 FOR A DISTANCE
OF 30 FEET BACK TO THE POINT OF BEGINNING.
SAID EASEMENT ALSO DESCRIBED AND INSURED AS:
A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST,
MONROE COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF BLOCK 57 OF MCDONALD'S PLAT OF A
PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA;THENCE ALONG THE SOUTHERLY RICQHT-
OF-WAY LINE OF FIFTH AVENUE SOUTH 84"02'07" EAST, A DISTANCE OF 469.98
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 84°02'07" EAST, A
DISTANCE OF 30.00 FEET TO THE WEST LINE OF TRUSTEE'S DEED NO. 20083 AS
RECORDED IN O.R. BOOK 0-65, PAGE 82; THENCE ALONG SAID LINE SOUTH
05°57'53"WEST, A DISTANCE OF 1,268.45 FEET;THENCE LEAVING SAID LINE SOUTH
42"04'07" EAST, A DISTANCE OF 40.35 FEET; THENCE SOUTH 05°57'53" WEST, A
DISTANCE OF 916.82 FEET; THENCE SOUTH 84102'07" EAST, A DISTANCE OF
1,086.72 FEET; THENCE SOUTH 05°57'53" WEST, A DISTANCE OF 30.00 FEET TO THE
SOUTH LINE OF TRUSTEE'S DEED NO. 20083 AS RECORDED IN OR BOOK 0-65, PAGE
82; THENCE ALONG SAID LINE NORTH 84°02'07" WEST, A DISTANCE OF 1,116.72
FEET TO THE WEST LINE OF TRUSTEE'S DEED NO. 20083 AS RECORDED IN O.R.
BOOK G-65, PAGE 82; THENCE ALONG Sold LINE NORTH 05°57'53" EAST, A DISTANCE
OF 933.45 FEET; THENCE LEAVING Sold LINE NORTH 42°04'07" WEST, A DISTANCE
OF 40.35 FEET; THENCE NORTH 05*ST53" EAST, A DISTANCE OF 1,281.82 FEET TO
THE POINT OF BEGINNING.
MONROE COUNTY
OFFICIAL PUBLIC RECORD
10
Exhibit 1
3186
LEGAL DESCRIPTION
EXHIBIT A Bk# 2489WIS PgN 357
Docp 1992406
Bkp 2696 PS" 1468
PARCEL A:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST;
484.79 FEET; THENCE BEAR SOUTH 05 DEGREES 39 MINUTES 55 SECONDS WEST,
938.76 FEET; THENCE BEAR SOUTH 08 DEGREES 09 MINUTES 05 SECONDS EAST
249.71 FEET; THENCE BEAR SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST,
131.51 FEET; THENCE BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST,
456.55 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND AND
SUBMERGED LANDS HEREIN AFTER DESCRIBED; FROM SAID POINT OF BEGINNING
CONTINUE BEARING SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST,
119.17FEET; THENCE BEAR SOUTH 05 DEGREES 54 MINUTES 55 SECONDS WEST,
186.69 FEET; THENCE BEAR SOUTH 84 DEGREES 05 MINUTES 05 SECONDS EAST,
175.00 FEET TO A POINT; THENCE BEAR NORTH 34 DEGREES 32 MINUTES 55
SECONDS EAST, 116.44 FEET TO A POINT; THENCE BEAR NORTH 89 DEGREES 27
MINUTES 55 SECONDS EAST, 915.36 FEET TO A POINT; THENCE BEAR NORTH 06
DEGREES 02 MINUTES 03 SECONDS WEST, 230,00 FEET, TO A POINT WHICH IS
BEARING NORTH 89 DEGREES 27 MINUTES 55 SECONDS EAST FROM THE
AFOREMENTIONED POINT OF BEGINNING; THENCE BEAR SOUTH 89 DEGREES 27
MINUTES 55 SECONDS WEST FOR A DISTANCE OF 1108.00 FEET BACK TO THE
POINT OF BEGINNING.
PARCEL B:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA,AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH
STREET AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK
ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA, BEAR SOUTH 83 DEGREES, 56 MINUTES EAST, 485.00
FEET; THENCE BEAR SOUTH 05 DEGREES, 47 MINUTES WEST, 938.88 FEET;
THENCE BEAR SOUTH 08 DEGREES, 02 MINUTES EAST, 249.71 FEET; THENCE BEAR
SOUTH 14 DEGREES, 31 MINUTES EAST, 131.51 FEET; THENCE BEAR SOUTH 02
DEGREES, 04 MINUTES WEST, 262.26 FEET TO THE POINT OF BEGINNING OF THE
TRACT OF LAND AND SUBMERGED LAND HEREINAFTER DESCRIBED; THENCE
SOUTH 84 DEGREES 19 MINUTES EAST, 140 FEET MORE OR LESS TO THE OUTSIDE
FACE OF AN EXISTING CONCRETE SEAWALL;THENCE BEAR NORTH 88 DEGREES, 56
MINUTES EAST, 970 FEET, MORE OR LESS, OUT INTO AN EXISTING SLIP; THENCE
BEAR SOUTH 05 DEGREES, 55 MINUTES WEST, 180 FEET, MORE OR LESS, TO THE
CENTER LINE OF AN EXISTING SPIT OF LAND; THENCE BEAR SOUTH 89 DEGREES,
32 MINUTES WEST, ALONG SAID CENTER LINE OF SAID SPIT OF LAND 1108 FEET,
MORE OR LESS, TO A POINT WHICH IS BEARING SOUTH 02 DEGREES, 04 MINUTES
WEST FROM THE POINT OF BEGINNING; THENCE BEAR NORTH 02 DEGREES, 04
MINUTES EAST, 194,29 FEET BACK TO THE POINT OF BEGINNING.
ALSO DESCRIBED AND INSURED AS:
3
Exhibit 2
3187
LEGAL DESCRIPTION
Doan 1819016 Doc# 2992406
Blot 2499 PqN 358 Bka 2696 P90 1469
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST
484.79 FEET; THENCE BEAR SOUTH 05 DEGREES 39 MINUTES 55 SECONDS WEST,
938,76 FEET; THENCE BEAR SOUTH 08 DEGREES 09 MINUTES 05 SECONDS EAST
249.71 FEET; THENCE BEAR SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST
131,51 FEET; THENCE BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST
262.26 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND AND
SUBMERGED LAND HEREINAFTER DESCRIBED; THENCE SOUTH 84 DEGREES 26
MINUTES 05 SECONDS EAST, 131.81 FEET TO THE OUTSIDE FACE OF AN EXISTING
CONCRETE SEAWALL;THENCE BEAR NORTH 88 DEGREES 48 MINUTES 55 SECONDS
EAST 977.77 FEET OUT INTO AN EXISTING SLIP; THENCE BEAR SOUTH 05 DEGREES
37 MINUTES 29 SECONDS WEST, 192.30 FEET TO THE CENTERLINE OF AN EXISTING
SPIT OF LAND; THENCE BEAR SOUTH 89 DEGREES 27 MINUTES 55 SECONDS WEST,
ALONG SAID CENTERLINE OF SAID SPIT OF LAND 1096.56 FEET TO A POINT WHICH
IS BEARING SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST FROM THE POINT
OF BEGINNING; THENCE BEAR NORTH 01 DEGREES 56 MINUTES 55 SECONDS EAST,
194.29 FEET BACK TO POINT OF BEGINNING.
PARCEL C:
A TRACT OF LAND AND SUBMERGED LAND AT STOCK ISLAND, MONROE COUNTY,
FLORIDA,AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND AS
RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, BEAR SOUTH 84' 02' 07" EAST, 484.79 FEET; THENCE BEAR
SOUTH 05' 39' 55" WEST, 938.76 FEFT; THENCE BEAR SOUTH 08' 09' 05" EAST,
249.71 FEET; THENCE BEAR SOUTH 14' 38' 05" EAST, 36.68 FEET TO THE POINT OF
BEGINNING OF THE TRACT OF LAND AND SUBMERGED LANDS HEREINAFTER
DESCRIBED; THENCE CONTINUE BEARING SOUTH 14' 38' 05" EAST, 94.83 FEET;
THENCE BEAR SOUTH 01° 56' 55" WEST, 82.95 FEET; THENCE BEAR NORTH 89" 24'
55" EAST, 1120.76 FEET, OUT ONTO A SPIT OF LAND TO THE SHORELINE; THENCE
BEAR NORTH 05°37'29" EAST, 161.06 FEET TO A POINT; THENCE BEAR SOUTH 89'
24' 55" WEST, 1000.60 FEET TO A POINT ON A CONCRETE SEAWALL, SAID POINT
BEARING SOUTH 85' 13' 05" EAST FROM THE POINT OF BEGINNING; THENCE BEAR
NORTH 850 13' 05"WEST, 157.63 FEET TO THE POINT OF BEGINNING.
PARCEL E:
A PARCEL OF FILLED LAND AND ADJACENT BAY BOTTOM LYING SOUTHERLY OF
BLOCK 57, MALONEY'S SUBDIVISION OF A PART OF STOCK ISLAND, MONROE
COUNTY, FLORIDA AS RECORDED IN PLAT BOOK I AT PAGE 55 OF MONROE COUNTY
PUBLIC RECORDS AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM THE INTERSECTION OF THE EASTERLY LINE OF 5TH STREET (AS
CONSTRUCTED)AND THE SOUTHERLY LINE OF 5TH AVENUE(AS CONSTRUCTED) GO
EASTERLY ALONG THE SOUTHERLY LINE OF 5TH AVENUE A DISTANCE OF 500 FEET
TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A DISTANCE OF 730 FEET
TO A POINT; THENCE EASTERLY AND AT RIGHT ANGLES A DISTANCE OF 191,5 FEET
4
Exhibit 2
3188
r
LEGAL DESCRIPTION
DocN 1619016 DocN 1992406 1470
Blot 2499 P90 359
TO A POINT WHICH IS THE POINT OF BEGINNING; THENCE CONTINUE EASTERLY
ALONG THE PROLONGATION OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE
OF 393.5 FEET TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A
DISTANCE OF 226.08 FEET TO A POINT;THENCE EASTERLY AND AT RIGHT ANGLES A
DISTANCE OF 125 FEET TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A
DISTANCE OF 20 FEET TO A POINT IN AN EXISTING SEAWALL; THENCE WESTERLY
AND PARALLEL WITH THE SOUTHERLY FACE OF SAID SEAWALL A DISTANCE OF
450.1 FEET TO A POINT; THENCE NORTHERLY AND AT RIGHT ANGLES TO A
SOUTHERLY LINE OF FIFTH AVENUE A DISTANCE OF 30 FEET TO A POINT; THENCE
WESTERLY AND AT RIGHT ANGLES A DISTANCE OF 68.5 FEET TO A POINT; THENCE
NORTHERLY AND AT RIGHT ANGLES A DISTANCE OF 227.2 FEET BACK TO THE POINT
OF BEGINNING.
ALSO
A PARCEL OF BAY BOTTOM SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY
LINE OF THE ABOVE DESCRIBED PARCEL, SAID BAY BOTTOM BEING 10 FEET WIDE.
ALSO DESCRIBED AND INSURED AS:
A PARCEL OF FILLED LAND AND ADJACENT BAY BOTTOM LYING SOUTHERLY OF
BLOCK 57, MALONEY'S SUBDIVISION OF A PART OF STOCK ISLAND, MONROE
COUNTY, FLORIDA AS RECORDED IN PLAT BOOK I AT PAGE 55 OF MONROE COUNTY
PUBLIC RECORDS AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 84° 02' 07" E, ALONG
SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE 499.98 FEET TO THE EASTERLY LINE
OF AN EASEMENT AGREEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 780,
PAGE 1169 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA;THENCE S 05'
57' 53" W, ALONG SAID EASTERLY LINE, A DISTANCE 729.82 FEET TO THE
SOUTHERLY LINE OF AN INGRESS/EGRESS EASEMENT AS RECORDED IN OFFICIAL
RECORDS BOOK 1239, PAGE 464 OF THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA; THENCE S 84° 02' 07" E, ALONG SAID SOUTHERLY LINE, A DISTANCE
191.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID
SOUTHERLY LINE S 84°02'07" E, A DISTANCE OF 393.51; THENCE S 06° 00' 38" W, A
DISTANCE OF 227.17 FEET; THENCE S 85' 29' 39" E, A DISTANCE OF 125,00 FEET;
THENCE S 06' 01' 16"W, A DISTANCE OF 20.01 FEET TO THE SOUTHERLY FACE OF A
CONCRETE SEAWALL; THENCE N 85° 29' 39" W, ALONG SAID SOUTHERLY LINE, A
DISTANCE OF 450.10 FEET; THENCE N 06' 23' 31" E, A DISTANCE OF 30.00 FEET;
THENCE N 85` 29' 39" W, A DISTANCE 68.50 FEET; THENCE N 05' 56' 58" E, A
DISTANCE OF 227.20 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
A PARCEL OF BAY BOTTOM SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY
LINE OF THE ABOVE DESCRIBED PARCEL, SAID BAY BOTTOM BEING 10 FEET WIDE.
TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER AND UPON THE
FOLLOWING DESCRIBED PROPERTY, RECORDED IN OFFICIAL RECORDS BOOK 1239,
PAGE 464, AND ALSO IN OFFICIAL RECORDS BOOK 2287, PAGE 719, PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA, SITUATED, LYING AND BEING IN THE
COUNTY OF MONROE, STATE OF FLORIDA, TO WIT: A PARCEL OF LAND LYING
SOUTHERLY OF BLOCK 57, MALONEY'S SUBDIVISION OF PART OF STOCK ISLAND,
MONROE COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 1, AT PAGE 55, MONROE
5
Exhibit 2
3189
LEGAL DESCRIPTION
Doc# ie19mi6 DocN 1992406
Bka 2499 P9p 360 Bkq 2696 Pga 1471
COUNTY OFFICIAL RECORDS, AND IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
FROM THE INTERSECTION OF THE EAST LINE OF 5TH STREET (AS CONSTRUCTED)
AND THE SOUTHERLY LINE OF 5TH AVENUE (AS CONSTRUCTED) GO WESTERLY
ALONG THE SOUTHERLY LINE OF 5TH AVENUE A DISTANCE OF 499 FEET TO A
POINT, WHICH POINT IS THE POINT OF BEGINNING; THENCE SOUTHERLY AND AT
RIGHT ANGLES A DISTANCE OF 701 FEET TO A POINT; THENCE EASTERLY AND AT
RIGHT ANGLES A DISTANCE OF 586 FEET TO A POINT; THENCE SOUTHERLY AND AT
RIGHT ANGLES A DISTANCE OF 29 FEET TO A POINT; THENCE WESTERLY AND AT
RIGHT ANGLES A DISTANCE OF 615 FEET TO A POINT; THENCE NORTHERLY AND AT
RIGHT ANGLES A DISTANCE OF 730 FEET TO A POINT IN THE SOUTHERLY LINE OF
5TH AVENUE; THENCE EASTERLY AND AT RIGHT ANGLES AND ALONG THE
SOUTHERLY LINE OF 5TH AVENUE A DISTANCE OF 29 FEET BACK TO THE POINT OF
BEGINNING.
SAID EASEMENT ALSO DESCRIBED AND INSURED AS:
A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST,
MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF BLOCK 57 OF MCDONALD'S PLAT OF A
PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY RIGHT-
OF-WAY LINE OF FIFTH AVENUE SOUTH 84"02'07" EAST, A DISTANCE OF 499.98
FEET TO TIME WEST LINE OF TRUSTEE'S DEED N0.20083 AS RECORDED IN O.R.
1300K 0-65, PAGE 82; THENCE LEAVING SAID LINE SOUTH 05° 57' 53" WEST, ALONG
SAID LINE A DISTANCE OF 699.82 FEET TO THE POINT OF BEGINNING; THENCE
SOUTH 84' 02' 07" EAST, PARALLEL WITH THE SOUTHERLY LINE OF SAID FIFTH
AVENUE A DISTANCE OF 740.00 FEET; THENCE SOUTH 05° 57' 53" WEST, A
DISTANCE OF 40.00 FEET;THENCE NORTH 84' 02' 07" WEST, A DISTANCE OF 155.00
FEET; THENCE NORTH 05° 57' 53" EAST, A DISTANCE OF 10.00 FEET; THENCE
NORTH 84' 02' 07" WEST, A DISTANCE OF 585.00 FEET TO THE WEST LINE OF SAID
TRUSTEE'S DEED, THENCE NORTH 05' 57' 53" EAST, ALONG SAID LINE A DISTANCE
OF 30.00 FEET TO THE POINT OF BEGINNING.
PARCEL F:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, BEAR SOUTH 83 DEGREES AND 56 MINUTES EAST, 485.00 FEET; THENCE
BEAR SOUTH 05 DEGREES AND 47 MINUTES WEST, 938.88 FEET; THENCE BEAR
SOUTH 08 DEGREES AND 02 MINUTES EAST, 249.71 FEET;THENCE BEAR SOUTH 14
DEGREES AND 31 MINUTES EAST, 131.51 FEET; THENCE BEAR SOUTH 02 DEGREES
AND 04 MINUTES WEST, 82.95 FEET TO THE POINT OF BEGINNING OF THE TRACT OF
LAND AND SUBMERGED LANDS HEREINAFTER DESCRIBED; THENCE CONTINUE
BEARING SOUTH 02 DEGREES AND 04 MINUTES WEST, 179.31 FEET; THENCE BEAR
SOUTH 84 DEGREES AND 19 MINUTES EAST, 140.00 FEET, MORE OR LESS, TO THE
OUTSIDE FACE OF AN EXISTING CONCRETE SEAWALL; THENCE BEAR NORTH 88
DEGREES AND 56 MINUTES EAST OUT INTO A SLIP 970 FEET, MORE OR LESS, TO A
POINT; THENCE BEAR NORTH 05 DEGREES AND 55 MINUTES EAST, 150.00 FEET,
MORE OR LESS, TO A POINT WHICH IS BEARING NORTH 89 DEGREES AND 32
MINUTES EAST FROM THE POINT OF BEGINNING; THENCE BEAR SOUTH 89
6
Exhibit 2
3190
LEGAL DESCRIPTION
Gacp 1819016 DocN 1992406
Bk# 2696 Pgo 1472
Bku 2499 Pq# 361
DEGREES AND 32 MINUTES WEST, 1120.00 FEET, MORE OR LESS, BACK TO THE
POINT OF BEGINNING.
ALSO DESCRIBED AND INSURED AS:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED 13Y METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST, 484.79 FEET;
THENCE BEAR SOUTH 05 DEGREES 39 MINUTES 55 SECONDS WEST, 938.76 FEET;
THENCE BEAR SOUTH 08 DEGREES 09 MINUTES 05 SECONDS EAST, 249.71 FEET;
THENCE SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST, 131.51 FEET;THENCE
BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST, 82.95 FEET TO THE
POINT OF BEGINNING OF THE TRACT OF LAND AND SUBMERGED LANDS
HEREINAFTER DESCRIBED; THENCE CONTINUE BEARING SOUTH 01 DEGREES 56
MINUTES 55 SECONDS WEST, 179.31 FEET; THENCE BEAR SOUT14 84 DEGREES 26
MINUTES 05 SECONDS EAST, 131,81 FEET TO THE OUTSIDE FACE OF AN EXISTING
CONCRETE SEAWALL;THENCE BEAR NORTH 88 DEGREES 48 MINUTES 55 SECONDS
EAST OUT INTO A SLIP,977.77 FEET TO A POINT;THENCE BEAR NORTH 05 DEGREES
37 MINUTES 29 SECONDS EAST, 184.10 FEET TO A POINT WHICH IS BEARING NORTH
89 DEGREES 24 MINUTES 55 SECONDS EAST FROM THE POINT OF BEGINNING;
THENCE BEAR SOUTH 89 DEGREES 24 MINUTES 55 SECONDS WEST, 1120.76 FEET
BACK TO THE POINT OF BEGINNING,
PARCEL G:
A PARCEL OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAX LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED-IN PLAT BOOK 1, PAGE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 841 02' 07" E ALONG
THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 484.98 FEET;THENCE S 05' 57'
53"W FOR A DISTANCE OF 938.76 FEET;THENCE S 08' 09'05" E FOR A DISTANCE OF
109.75 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 08' 09' 05" E, A
DISTANCE OF 139.96 FEET; THENCE S 14' 38' 05" E, A DISTANCE OF 32.68 FEET;
THENCE S 85° 13' 05" E, A DISTANCE OF 157.63 FEET; THENCE N 89° 24' 55" E, A
DISTANCE OF 49.99 FEET; THENCE N 05° 12' 11" E, A DISTANCE OF 161.18 FEET;
THENCE N 84' 02' 55" W, A DISTANCE OF 252.15 FEET TO THE POINT OF
BEGINNING,
PARCEL H:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH 84° 02' 07" EAST
ALONG THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 484.79 FEET; THENCE
SOUTH 05° 39' 55" WEST FOR A DISTANCE 938.76 FEET;THENCE SOUTH 08' 09' 05"
EAST FOR A DISTANCE OF 42.15 FEET TO THE EASTERLY LINE OF A 30 FOOT
EASEMENT AND THE EASTERLY RIGHT-OF-WAY LINE OF SHRIMP ROAD AS
7
Exhibit 2
3191
LEGAL DESCRIPTION
DOCK 1529015 gkpo26992406 i4T3
BkO 2499 Pon 362
RECORDED IN O.R. BOOK 2030, PAGE 949 (PARCEL A TRACT 1), OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE
LEAVING SAID LINE SOUTH 08'09'05" EAST, A DISTANCE OF 207,56 FEET; THENCE
SOUTH 14'38'05" EAST, A DISTANCE OF 131.51 FEET; THENCE SOUTH 01' 56' 55"
WEST,A DISTANCE OF 575.72 FEET;THENCE SOUTH 05' 54' 55" WEST, A DISTANCE
OF 186.69 FEET; THENCE SOUTH 84' 05' 05" EAST, A DISTANCE OF 175.00 FEET;
THENCE NORTH 34' 32' 55" EAST, A DISTANCE OF 116.44 FEET; THENCE NORTH 89'
27' 55" EAST, A DISTANCE OF 915.36 FEET; THENCE SOUTH 01' 07' 35" WEST, A
DISTANCE OF 384.62 FEET;THENCE NORTH 84' 02'07" WEST, A DISTANCE OF 30.84
FEET TO A MEAN HIGH WATER LINE;THENCE ALONG SAID MEAN HIGH WATER LINE
THE FOLLOWING TWENTY SEVEN (27) COURSES: 1. NORTH 08' 33' 02" EAST, A
DISTANCE OF 25.26 FEET; 2. NORTH 01'03' 10"WEST, A DISTANCE OF 36.70 FEET; 3.
NORTH 16'11'45" WEST, A DISTANCE OF 18.64 FEET; 4. NORTH 01'20'32" WEST, A
DISTANCE OF 27.71 FEET; S. NORTH 05'48'23" EAST, A DISTANCE OF 27.11 FEET; 6.
NORTH 07*24'12" WEST, A DISTANCE OF 86.16 FEET; 7. NORTH I1' 54'19" EAST, A
DISTANCE OF 34.64 FEET; 8. NORTH 09'22'05" WEST, A DISTANCE OF 27.51 FEET; 9.
NORTH 57' 40'41" WEST, A DISTANCE OF 4,94 FEET; 10. NORTH 84' 56 08" WEST, A
DISTANCE OF 14,50 FEET; 11. NORTH 61'03'44" WEST, A DISTANCE OF 14.78 FEET;
12. SOUTH 85'47'17" WEST, A DISTANCE OF 117.62 FEET; 13. SOUTH 83'15'58"
WEST, A DISTANCE OF 26.59 FEET; 14. NORTH 85' 01' 19" WEST, A DISTANCE OF
21.47 FEET; 15. SOUTH 80'37'17" WEST, A DISTANCE OF 8.06 FEET; 16. NORTH
75-44-52" WEST, A DISTANCE OF 11.67 FEET; 17. SOUTH 86' 09' 28" WEST, A
DISTANCE OF 82.77 FEET; 18. SOUTH 89' 59' 29"WEST, A DISTANCE OF 40.54 FEET;
19. NORTH 64'26'30"WEST,A DISTANCE OF 6.15 FEET; 20. SOUTH 88'41'05"WEST, A
DISTANCE OF 60.16 FEET; 21. SOUTH 79'29'50" WEST, A DISTANCE OF 36.47 FEET;
22. NORTH 88'07'58" WEST, A DISTANCE OF 57.82 FEET; 23. NORTH 86' 26' 25"
WEST, A DISTANCE OF 91.35 FEET; 24. SOUTH 88' 24' 02" WEST, A DISTANCE OF
97.85 FEET; 25. SOUTH 81'39'19" WEST, A DISTANCE OF 76.27 FEET; 26. SOUTH
86'43'16" WEST, A DISTANCE OF 75.93 FEET; 27. SOUTH 81' 33' 16" WEST, A
DISTANCE OF 23,73 FEET; THENCE LEAVING SAID LINE SOUTH 07'52'54" WEST, A
DISTANCE OF 138.68 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SHRIMP
ROAD PER QUIT CLAIM DEED RECORDED IN O.R. BOOK 2030, PAGE 949, OF THE
PUBLIC RECORDS OF MONROE COUNTY,FLORIDA;THENCE ALONG THE NORTHERLY
AND EASTERLY RIGHT-OF-WAY LINE OF SAID SHRIMP ROAD THE FOLLOWING THREE
(3) COURSES AND DISTANCES; 1. NORTH 84' 02' 07" WEST, A DISTANCE OF 288.11
FEET TO A POINT OF CURVATURE; 2. NORTHWESTERLY ALONG THE ARC OF A
CURVE TO THE RIGHT, HAVING A RADIUS OF 75.00 FEET,AN ARC LENGTH OF 115,28
FEET,A CENTRAL ANGLE OF 88' 03' 57", AND A CHORD BEARING AND DISTANCE OF
NORTH 40'00'08" WEST, 104,26 FEET; 3. NORTH 04'01'50" EAST, A DISTANCE OF
555.62 FEET TO THE NORTHERN TERMINUS OF PARCEL A TRACT 2 OF SAID QUIT
CLAIM ON THE WEST LINE OF TRUSTEES DEED N0.20083 O.R.BOOK G-65, PAGE 82;
THENCE NORTH 05'57'53" EAST, ALONG SAI❑ LINE A DISTANCE OF 606.85 FEET TO
THE POINT OF BEGINNING.
AND ALSO: BAY BOTTOM
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT HOOK 1, PAGE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S. 84'02'07" E. ALONG
THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 499.98 FEET; THENCE S.
05'57'53" W. FOR A DISTANCE OF 2242.25 FEET; THENCE S.84'02'07"E., A DISTANCE
OF 1310.00 FEET,TO THE POINT OF BEGINNING;THENCE CONTINUE S.84°02'07"E.,A
DISTANCE OF 363.01 FEET TO THE CENTERLINE OF THE ENTRANCE OF THE
8
Exhibit 2
3192
LEGAL DESCRIPTION
noon 1819016 DocN 1992406
Oka 2499 Pqu 363 Bkn 2695 P90 1474
HARBOR;THENCE N.08'15'27"W., A DISTANCE OF 959.38 FEET; THENCE S. 81'44'33"
W., A DISTANCE OF 132.23 FEET; THENCE N. 05'47'25" W., A DISTANCE OF 658.21
FEET; THENCE M 83'54'54" W., A DISTANCE OF 255.03 FEET TO THE WESTERLY
PART OF THE BAY BOTTOM LINE; THENCE MEANDER THE SAID BAY BOTTOM LINE
SOUTHERLY FOR A CHORD OF S.14"34',07" E.,A DISTANCE OF 284.16 FEET; THENCE
N. 85'29'39" W., A DISTANCE OF 310,00 FEET; THENCE S. 06'01'16" W., A DISTANCE
OF 10.00 FEET; THENCE N. 85129'39" W., A DISTANCE OF 450.16 FEET; THENCE S.
06°23'31" W., A DISTANCE OF 49.85 FEET; THENCE S. 84*02-55" E., A DISTANCE OF
9.27 FEET; THENCE S. 05'12'11" W., A DISTANCE OF 161.18 FEET; THENCE N.
88'24'55" E., A DISTANCE OF 950.61 FEET; THENCE S. 05°37'29" W., A DISTANCE OF
537,46 FEET; THENCE N. 89'27'55" E., A DISTANCE OF 11.44 FEET; THENCE S.
06'02'03" E., A DISTANCE OF 230.00 FEET; THENCE S.01`07'35" W., A DISTANCE OF
384.62 FEET TO THE POINT OF BEGINNING.
PARCEL 1.Intentionally Omitted (Leasehold/Option terminated effective 7/31/2010)
PARCEL J:
A PARCEL OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF FIFTH
STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF THE PLAT
OF STOCK ISLAND, AS RECORDED IN PLAT BOOK I, PAGE 55 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA;THENCE S 84' 02'07" e ALONG THE SAID
SOUTHERLY LINE OF FIFTH AVENUE FOR 499.98 FEET;THENCE S 05° 57' 53"W FOR
A DISTANCE OF 913.46 FEET TO THE POINT OF BEGINNING; THENCE S 84' 02'07" E,
FOR A DISTANCE OF 191.55 FEET; THENCE S 05° 56' 58" W, A DISTANCE OF 43,56
FEET;THENCE S 85' 29'40' E, A DISTANCE OF 68.50 FEET;THENCE S 06' 23'31"W,
A DISTANCE OF 89.85 FEET; THENCE N 84' 02' 55" W, A DISTANCE OF 242.88 FEET;
THENCE N 08' 09' 05' W, A DISTENCE OF 67,60 FEET; THENCE N 05' 57' 53" E, A
DISTANCE OF 66.17 FEET TO THE POINT OF BEGINNING.
AS TO ALL PARCELS:
TOGETHER WITH THOSE BENEFICIAL EASEMENTS RECORDED IN OFFICIAL
RECORDS BOOK 780, PAGE 1169, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,
13EING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PARCEL OF LAND ON STOCK ISLAND, MONROE COUNTY, FLORIDA, AND BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF BLOCK 57 OF MCDONALD'S PLAT OF A
PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK 1 AT PAGE 55 OF PUBLIC
RECORDS, OF MONROE COUNTY, FLORIDA AND RUN THENCE SOUTH 83 DEGREES,
56 MINUTES EAST ALONG THE NORTH BOUNDARY LINE OF SAID BLOCK 57 FOR A
DISTANCE OF 470 FEET TO THE POINT OF .BEGINNING OF THE PARCEL OF LAND
BEING DESCRIBED HEREIN; THENCE RUN SOUTH 6 DEGREES 04 MINUTES WEST
FOR A DISTANCE OF 1283.02 FEET; THENCE RUN SOUTH 41 DEGREES 58 MINUTES
EAST FOR A DISTANCE OF 40.35 FEET TO THE SOUTHEAST CORNER OF TRUSTEES
OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO.
24078 AND THE WEST BOUNDARY LINE OF TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 20083; THENCE RUN
SOUTH 6 DEGREES 04 MINUTES WEST ALONG THE WEST BOUNDARY LINE OF SAID
TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO. 20083 FOR A DISTANCE OF 932.25 FEET TO THE SOUTHWEST CORNER OF
9
Exhibit 2
3193
LEGAL DESCRIPTION
Qaoq 3819038 Doep 1992406
Bk# 2596 Pg# 1475
Bkel 2499 Pon 364
SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO. 20083; THENCE RUN SOUTH 83 DEGREES 56 MINUTES EAST ALONG THE
SOUTH BOUNDARY LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND
OF THE STATE OF FLORIDA DEED NO. 20083, THE SOUTH BOUNDARY LINE OF
TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO. 19837-A AND THE NORTH BOUNDARY LINE OF TRUSTEES OF THE
INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO, 20793 FOR A
DISTANCE OF 1116.72 FEET; THENCE RUN NORTH 6 DEGREES 04 MINUTES EAST
FOR A DISTANCE OF 30 FEET;THENCE RUN NORTH 83 DEGREES 56 MINUTES WEST
FOR A DISTANCE OF 1086.72 FEET; THENCE RUN NORTH 6 DEGREES 04 MINUTES
EAST FOR A DISTANCE OF 915.62 FEET; THENCE RUN NORTH 41 DEGREES 58
MINUTES WEST FOR A DISTANCE OF 40.35 FEET TO THE WEST BOUNDARY LINE OF
SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO. 20083 AND THE EAST BOUNDARY LINE OF SAID TRUSTEES OF THE
INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 24078;
THENCE RUN NORTH 6 DEGREES 04 MINUTES EAST ALONG THE WEST BOUNDARY
LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE Off'
FLORIDA DEED NO. 20083 AND THE EAST BOUNDARY LINE OF SAID TRUSTEES OF
THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 24078,
EXTENDED NORTHERLY, FOR A DISTANCE OF 1269.65 FEET TO THE NORTH
BOUNDARY LINE OF SAID BLOCK 57;THENCE RUN NORTH 83 DEGREES 56 MINUTES
WEST ALONG THE NORTH BOUNDARY LINE OF THE SAID BLOCK 57 FOR A DISTANCE
OF 30 FEET BACK TO THE POINT OF BEGINNING.
SAID EASEMENT ALSO DESCRIBED AND INSURED AS;
A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST,
MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF BLOCK 57 OF MCDONALD'S PLAT OF A
PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK I, PAGE 55 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA;THENCE ALONG THE SOUTHERLY RIGHT-
OF-WAY LINE OF FIFTH AVENUE SOUTH 84'02'07" EAST, A DISTANCE OF 469.98
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 84°02'07" EAST, A
DISTANCE OF 30.00 FEET TO THE WEST LINE OF TRUSTEE'S DEED NO. 20083 AS
RECORDED IN O.R. BOOK G-65, PAGE 82; THENCE ALONG SAID LINE SOUTH
05057'53"WEST, A DISTANCE OF 1,268.45 FEET;THENCE LEAVING SAID LINE SOUTH
42"04'07" EAST, A DISTANCE OF 40.35 FEET; THENCE SOUTH 05°57'33" WEST, A
DISTANCE OF 916.82 FEET; THENCE SOUTH 84002'07" EAST, A DISTANCE OF
1,086.72 FEET;THENCE SOUTH 05°57'53"WEST, A DISTANCE OF 30.00 FEET TO THE
SOUTH LINE OF TRUSTEE'S DEED NO. 20083 AS RECORDED IN OR BOOK 0-65, PAGE
82; THENCE ALONG SAID LINE NORTH 84°02'07" WEST, A DISTANCE OF 1,116.72
FEET TO THE WEST LINE OF TRUSTEE'S DEED NO. 20083 AS RECORDED IN O.R.
BOOK G-65, PAGE 82;THENCE ALONG Sold LINE NORTH 05°57'53"EAST, A DISTANCE
OF 933,45 FEET; THENCE LEAVING Sold LINE NORTH 42°04'07" WEST, A DISTANCE
OF 40.35 FEET; THENCE NORTH 05'5T53" EAST, A DISTANCE OF 1,281.82 FEET TO
THE POINT OF BEGINNING.
MONROE COUNTY
OFFICIRIL PUBLIC RECORD
10
Exhibit 2
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Dona 1992406
Bkp 2696 pq# 1477
1
2
3
4
5
6 ORDINANCE NO. 045-2013
7
8
9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
10 COMMISSIONERS AMENDING .THE FUTURE LAND USE MAP (FLUM)
I I DESIGNATION FROM INDUSTRIAL (1)TO MIXED USE COMMERCIAL(MC)
12 FOR EIGHTEEN PARCELS OF LAND ON STOCK ISLAND, HAVING REAL
13 ESTATE NUMBERS 00123660-000000, 00123720-000400, 00123760-000200,
14 00123720-000100, 00123720-000200, 00123730-000100, 00123740-000000, 00123770-
15 000000, 00127290-000000, 00127380-000000, 00127250-000000, 00127280-000000,
16 00123600-000100, 00123600-000102, 00123600-000101, 00123590-000000, 00123570-
17 000000, and 00123540-000000, LOCATED ON SOUTH STOCK ISLAND;
18 PROVIDING FOR SEVE.RA.BILITY; PROVIDING FOR THE REPEAL OF
19 INCONSISTENT PROVISIONS; PROVIDING FOR 'TRANSMITTAL TO THE
20 STATE LAND PLANNING AGENCY; PROVIDING FOR THE FILING WITH
21 THE SECRETARY OF STATE AND FOR AN EFFECTIVE DATE; AND
22 PROVIDING FOR THE INCLUSION IN THE MONROE COUNTY 2010
23 COMPREHENSIVE PLAN.
24
25
26
27 WHEREAS, Longstock 11, LLC, submitted an application amending Monroe County
28 2010 Comprehensive Plan Policies 101.4.5 and 101.4.21 to amend the Mixed Use/Commercial
29 (MC) Future Land Use Map Category description and assign the Maritime Industries (MI)
30 'Zoning District to the MC category; amend the maximum net density range and the maximum
31 intensity range for the Mixed Use/Commercial (MC) Future Land Use Map Category and to
32 clarify the footnotes within the table;and
33
34 WHEREAS, on February 13, 2012, the BOCC voted to transmit the amendment, with
35 the staff's added recommended provisions to preserve and enhance working; waterfront while
36 allowing moderate redevelopment of other uses,to the State Land Planning Agency; and
37
38 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
39 Objections, Recommendations and Comments (ORC) Report on May 4, 2012, which did not
40 identify any issues with the proposed amendment;and
41
42 WHEREAS, at a public hearing on September 21, 2012, the BOCC adopted the text
43 amendment, amending;the MC Future Land Use Map Category description and assigning the MI
44 Zoning District to the MC category(Ordinance 032-2012);and
45
46
I
i
Exhibit 3
3196
Doci{ 2992406
Bko 2696 PgN 1478
1 WHEREAS, the MC Future Land Use Map category now includes provisions to
2 preserve and promote recreational and commercial working waterfront uses on all lands
3 designated with the Maritime Industries(.MI)land use district within the MC category;and
4
5 WHEREAS, 18 properties on South Stock Island formed the Safe Harbor Marina
6 Property Owners Association, Ine.,and submitted an application for a Future Land Use Map
7 amendment from from Industrial(1)to Mixed Use/Commercial(MC);and
8
9 WHEREAS, the Monroe County Development Review Committee considered the
10 proposed amendment at a regularly scheduled meeting held on the 25th day of September,2012;
It and
12
13 WHEREAS,the Monroe County Planning Commission held a public hearing on the 14`h
14 day of November,2012, for review and recommendation on the proposed Future Land Use Map
15 amendment;and
16
17 WHEREAS, the .Monroe County Planning Commission made the following findings of
18 fact and conclusions of law:
19
20 1, On September 21, 2012, the BOCC adopted an amendment to Policies 1.01.4.5 and
21 101.4.21 to amend the Mixed Use/Commercial (MC) Future Land Use Map Category
22 description and assign the Maritime Industries(MI)Zoning District to the MC category.
23
24 2. The BOCC also adopted provisions to further preserve and enhance working; waterfront
25 uses within the MC Future Land Use Map Category.
26
27 3. The 18 subject parcels are designated as Tier lit,classified as developed land, and are not
28 designated as habitat for any protected species.
29
30 4. The definition of the term.recreational and commercial working waterfront, pursuant to
31 Section 342.07, F.S., means "a parcel or parcels of real property that provide access for
32 water-dependent commercial aclivilies, including hotels and motels as defined in S.
33 509.242(l), or provide access fur the public to the navigable waters of the state.
34 Recreational and commercial working waterfronts require direct access to or a location
35 on, over, or adjacent to a navigable body t�f'ivater. The term includes water-dependent
36 facilities that are open to the public and offer public access by vessels to the waters of the
37 state or that are support facilities for recreational, commercial, research, or
38 governmental vessels. These .facilities include public lodging establishments, docks,
39 wharfs, l?f1s, wet and dry marinas, boat ramps, boat hauling and repair facilities,
40 commercial_fishing;facilities, boat construction facilities, and other support structures
41 over the water. As used in this/statute/section, the term "vessel"has the same meaning
42 as in s. 327.02(39). Seaports are excluded from the definition."
43
44 5. The proposed amendment is internally consistent with the Monroe County
45 Comprehensive Plan.
46
2
Exhibit 3
3197
DooN 1992406
Bkq 2696 P9il 1479
1 6, The proposed amendment is consistent with the Principles for Guiding Development for
2 the Florida Keys Area of Critical State Concern,Section 380.0552(7), Florida Statutes.
3
4 WHEREAS, the Monroe County Planning Commission passed Resolution No. P54-12
5 recommending transmittal of the proposed amendment; and
6
7 WHEREAS, at a special meeting; held on the 1 Sth day of April, 2013, the Monroe
8 County Board of County Commissioners held a public hearing and approved Resolution No.
9 133-2013 to transmit the proposed amendment to the State Land Planning Agency;and
10
11 WHEREAS, the proposed Comprehensive .Plan amendment to amend the Future Land
12 Use Map was reviewed by the State Land Planning Agency which issued an Objections,
13 Recommendations, and Comments (ORC) Report on July 2, 2013. The ORC report stated that
14 "the NAS-KW states that the Navy is utilizing the 2007 AICUZ and that the more recent
15 Environmental Impact Statement (EIS) noise contours are in draft form and therefore not
16 acceptable at this time. The recent EIS study depicts the parcel as being within a lower noise
17 contour, one in which the transient development would be acceptable with noise attenuation and
18 landscaped berm on the outside of the property. For the reasons cited above, the Department
19 objects to the proposal because the change will exacerbate the incompatibility issues that
20 already exist. The proposed change is also inconsistent with the Principles for Guiding
21 Development that require that proposed amendments must be consistent with protection of the
22 value of public investments in the Florida Keys, including Naval Air Station-Key West;"and
23
24 WHEREAS,the ORC report also included a recommendation for addressing the objection:
25 "The applicant may consider delaying adoption cif the proposed amendment until the 2012 EIS
26 DNL Map is adopted by the military, and provide noise attenuation and outside landscaped berms,
27 as requested by the Department of the Navy;"and
2$
29 WHEREAS, in response to the ORC Report, the County did wait until the Navy's Record
30 of Decision for the Final Environmental Impact Statement for Naval Air Station Key West Airfield
31 Operations, which was issued on October 31. 2013, and includes new noise contours which no
32 longer include the subject properties of this FLUM amendment within the 65 DNL (Day-Night
33 Average noise).
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
36 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
37
38 Section I. The Future Land Use Map (FLUM) for the Year 2010 Comprehensive Plan is
39 hereby amended by changing the FLUM designation from Industrial (1)to Mixed
40 Use Commercial (MC) for eighteen parcels of land on.Stock Island, having Real
41 Estate Numbers 00123660-000000, 00123720-000400, 00123760-000200,
42 00123720-000100, 00123720-000200, 00123730-000100, 00123740-000000,
43 00123770-000000, 00127290-000000, 00127380-000000, 00127250-000000,
44 00127280-000000, 00123600-000100, 00123600-000102, 00123600-000101,
45 00123590-000000, 00123570-000000, and 00123540-000000; located on South
3
Exhibit 3
3198
Doco 1992406
Bka 2696 Ppp 1480
6
I Stock Island, as shown on Exhibit 1, which is attached hereto and incorporated
2 herein.
3
4 Section 2. Severability. .If any section, subsection., sentence, clause, item, change, or
5 provision of this ordinance is held invalid, the remainder of this ordinance shall
6 not be affected by such validity.
7
8 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
9 conflict with this ordinance are hereby repealed to the extent of said conflict.
10
11 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
12 the State Land Planning Agency pursuant to Chapter 163 and 380. Florida
13 Statutes.
14
1.5 Section 5. Filine and Effective Date. This ordinance shall be filed in the Office of the
16 Secretary of the State of Florida but shall not become effective until a notice is
17 issued by the State Land Planning Agency or Administration Commission finding
18 the amendment in compliance with Chapter 163. Florida Statutes, and after any
19 applicable challenges have been resolved.
20
21 Section 6. Inclusion in the Cam rehensive Plan. The Future Land Use Map amendment
22 shall be incorporated in the Future Land Use Map of the Monroe County Year
23 2010 Comprehensive Plan.
24
25 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
26 Florida,at a special meeting held on the I I th day of Dec• ,2013.
27
28 Mayor Sylvia Murphy Yes
29 Mayor Pro Tem Danny Kolhage Yes
30 Q, Commissioner Heather Carruthers Yes
31 Commissioner David Rice Yes
32 "a Commissioner George Neugent Yes
33 {a ' i
34 `� -� BOARD OF COUNTY COMMISSIONERS
35 ,, OF MONROE COUNTY ORIDA i
36
BY
37
Mayor Sylvia Murphy
E y �
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�ll � S�.A pia
AMY H AVILIN, LERK
AS TG FORM: 1
45pcat��t
46 DEPUTY CLERK l't !SLEY �
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Exhibit 3
3199
Exhibit 1 to Ordinance# 045 -2013
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Bkp 2696 PqN 1481
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The Monroe County Future land Use Map is amended
as indicated above.
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Proposal:Future Land Use change of eighteen parcels of land on Stock Island.having real estate numbers
00123660-000000.00123720-OOa400,00123760-000200,00123720-000100.001237200-000200.00123730-000100. N
00123740-000000,0 01 2 37 7 0-0 000 00,00127290-000000,00127380-000000,00127250-000000,00127280-000000,
00123600.000100,0 01 2 360 0-0001 02,00123600-000101,00123590-000000,00123570-000000,
and 00123540-000000,located on south Stock Island;from Industrial(1)to Mixed UselCommerclal(MC).
Exhibit 3
3200
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County of Monroe
Growth Management Division
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Planning&Environmental R ourc Board of County Commissioners
Deaartment Mayor David Rice,Dist.4
2798 Overseas Highway,Suite 410 Mayor Pro Tern Kim Wigington,Dist.
Marathon,FL 33050 Heather CatTuthers,Dist.3
Voice: (305)289-2500 George Neugent,Dist.2
FAX: (305)289-2536 Sylvia J.Murphy,Dist.5
We strive to be caring,professional and fair
July 10,2012
Doer 1992406
Barton Smith,P.L. Bk# 2696 P9N 1484
624 Whitehead Street
Key West,FL 33040
Subject: Minor Deviation to a Major Conditional Use Permit(Deemed)
Stock Island Marina Village, 7009 Shrimp Road, Stock Island, Real Estate
400123720.000100,900123720.000200 and 400123760.000200(File#2011-090)
Mr.Smith,
The Planning & Environmental Resources Department has approved your request for a minor
deviation to the major conditional use permit for the above referenced site. The minor deviation
was required in order to allow the reconfiguration of 173 of the site's 361 boat slips as shown on
a site plan by Weiler Engineering Corporation (WEC) dated April 19, 2012, The Department
has determined that the application complies with the requirements and standards set forth in the
Monroe County Code. The following conditions apply:
1. Any additional revisions to the site plan or future improvements to the property are subject to
further review as a minor deviation or as an amendment to the major conditional use permit
approval.
2. While staffrecognizes the lawful existence ofthe 361 boat slips to be reconfigured,this
approval does not recognize all of the other existing land uses on the site as lawful. The
Planning&Environmental Resources Department is concurrently reviewing this matter.
This approval does not condone or approve the unlawful land use and the property owner is
subject to possible code compliance prosecution if the unlawful uses are not permitted or
terminated.
3. A Monroe County building permit(s)is also required for the scope of work. The Monroe
County Office of the Fire Marshal and the Monroe County Building Department have not
reviewed this application. The applicant shall meet any additional requirements required by
the Fire Marshal and the Building Department.
We trust that this information is of assistance. If you have any questions regarding the contents
of this letter, or if we may further assist you with your project, please feel free to contact our
Marathon office at(305)289-2500.
Respectfull 4�
5,6
Tawnsle ch ab,Senior Director of Planning&Environmental Resources
Page 1 of 1
3203
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STOCK ISLAND MARINA VILLAGE Fug n c nxna.rulxmn
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- 3206
Dccn 1992406
BkN 2696 P9N 1488
MONROE COUNTY,FLORIDA
RESOLUTION NO. 177 -2014
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING A
DEVELOPMENT AGREEMENT BETWEEN MONROE
COUNTY, FLORIDA AND LONGSTOCK II, LLC,
CONCEPTUALLY APPROVING THE REDEVELOPMENT OF
STOCK ISLAND MARINA VILLAGE,LOCATED AT 700 AND
7009 SHRIMP ROAD, STOCK ISLAND, APPROXIMATE
MILE MARKER 5, DESCRIBED AS PARCELS OF LAND IN
SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST,
STOCK ISLAND, MONROE COUNTY, FLORIDA, AND
HAVING REAL ESTATE (RE) NUMBERS 00123720.000100,
00123720.000200 AND 00123760.000200.
WHEREAS, during a public meeting held on July 16,2014 the Monroe County Board of
County Commissioners conducted a public hearing to review and consider a request filed by
Attorney Barton W. Smith, on behalf of Longstock II, LLC, for a development agreement in
accordance with §110-132 and §110-133 of the Monroe County Code and Florida Statutes Sec.
163.3220 et. seq.,the"Florida Local Government Development Agreement Act'; and
WHEREAS, the development agreement relates to the redevelopment of an existing
mixed use marina, to include commercial retail, office, commercial fishing, light industrial and
hotel uses.The residential density would not exceed 100 transient residential units.Not including
accessory structures related to residential uses, the nonresidential floor area would not exceed
80,000 square feet. New residential or nonresidential buildings shall not exceed 35' in height;
and
WHEREAS,the Agreement approves a conceptual site plan for development on the site,
subject to further site plan approval by the Planning Commission; and
WHEREAS, the development agreement involves the redevelopment of the site,
currently known as Stock Island Marina Village, located at 700 and 7009 Shrimp Road, Stock
Island,Florida,approximate mile marker 5 of the Overseas Highway(US 1); and
WHEREAS, the site is described as parcels of land in Section 35, Township 67 South,
Range 25 East, Stock Island, Monroe County, Florida, having Real Estate (RE) Numbers
00123720.000100,00123720.000200 and 00123760.000200;and
Page 1 of 3
3207
Bk1"2696Z4P9# 1489
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Findings of Fact:
1. The subject property is located within a Maritime Industries(MI) Land Use (Zoning)
District. Further,it is designated within a Mixed Use/Commercial (MC)category on
the Future Land Use Map (FLUM) and within a Tier III district on the Tier Overlay
District Map; and
2.- In 2013, an amendment to the Monroe County Future Land Use Map was approved
amending the future land use designation of the subject property from Industrial (I)to
Mixed Use/Commercial (MC). The approval is memorialized by Ordinance #045-
2013, approved by the Board of County Commissioners at a public hearing on
December 11, 2013;and
3. The existing marina was established prior to 1986 and is thereby deemed to have a
major conditional use permit pursuant to §101-4(c)of the Monroe County Code; and
4. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into
development agreements with landowners and/or governmental agencies to encourage
a stronger commitment to comprehensive and capital facilities planning, ensure the
provision of adequate public facilities for development, encourage the efficient use of
resources,and reduce the economic cost of development; and
5. The development agreement, among other things, is intended to and shall constitute a
development agreement among the Parties pursuant to the Florida Local Government
Development Agreement Act, Section 163.3223,et seq., Florida Statutes; and
6. Development shall not be inconsistent with the Monroe County Code; and
7. Development shall not be inconsistent with the Monroe County Comprehensive Plan;
and
8. Development on Stock Island shall not be inconsistent with the Master Plan for the
Future Development of Stock Island and Key Haven, also known as the Stock
Island/Key Haven CommuniKeys Plan; and
9. Development shall not be inconsistent with the Principles for Guiding Development
in the Florida Keys Area of Critical State Concern;and
10. The Monroe County Planning Commission held a public hearing at its meeting on
May 28, 2014;, which was the first of two required public hearings, and
recommended approval to the Board of County Commissioners in Resolution.#P 19-
14;
Page 2 of 3
3208
# Doc" 1992406
Bkp 2696 P9" 1490
WHEREAS, rased upon the information and documentation submitted, the Board of
County Commissioners makes the following Conclusions of Law:
1. The request is consistent with the provisions and intent of the Monroe County Code;
2. The request is consistent with the provisions and intent of the Monroe County Year
2010 Comprehensive Plan;
3. The request is consistent with the Master Plan for the Future Development of Stock
Island and Key Haven, also known as the Stock Island/Key Haven CommuniKeys
Plan;
4. The request is consistent with the Principles for Guiding Development in the Florida
Keys Area of Critical State Concern;
5. The Agreement,among other things, is intended to and shall constitute a development
agreement among the Parties pursuant to the Florida Local Government Development
Agreement Act, Section 163.3223, et seq.,Florida Statutes;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings of
Fact and Conclusions of Law support its decision to APPROVE the Development Agreement
between Monroe County, Florida and Longstock II,LLC attached hereto.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting held on the 16t'of July,2014.
Mayor Sylvia Murphy Yes p b r
Mayor pro tem Danny L.Kohlage Yes fir. o
Commissioner Heather Carruthers Yes -n
Commissioner George Neugent Yes (: c3 70
Commissioner David Rice Yes �c— -a �10
C"i s rn
BOARD OF COUNTY COMMISSIONERS nt�
OF MONROE COUNTY,FLORIDA
COUPIT
4y !yly urphy this C '� 5'Airta
orizE
myllud 2ad
4 HEAVILIN,CLERK This o
�,`lco GJe A.D.,20� �`�o l`A').E
Jerk AMV NEX',r1LIN
G rk G—rdt C�t�rt�
M0 COUNTY ATTORNEY Gc.C..0 D•
PR VED AS TO F RM
Date:
Page 3 of 3
MONROE COUNTY
3209