Item Q02 Q2
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
February 19, 2025
Agenda Item Number: Q2
2023-3614
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Michael Roberts
AGENDA ITEM WORDING:
A Public Hearing Concerning an Application Received from 21660 Overseas Highway, LLC, via Its
Authorized Agent Spottswood, Spottswood, Spottswood, and Sterling PLLC, Requesting for the
Monroe County Board Of County Commissioners to Approve an Ordinance Amending the Monroe
County Tier Overlay District Map to Change the Tier Designation of Property Located At 21660
Overseas Highway on Cudjoe Key from Tier III-A to Tier III, Said Property Being Located at
Approximate Mile Marker 21.75, More Particularly Described As Lots 11 Through 16 Sacarma Plat
Book 2 Page 48, Official Records of Monroe County, and Currently Having Property Identification
Numbers 00174740-000100, 00174770-000000, 00174780-000000, 00174790-000000, 00174800-
000000, and 00174810-000000.
ITEM BACKGROUND:
Authorized agent Don Craig (the "Agent") on behalf of the closely-held limited liability company 21660
Overseas Hwy, LLC (the "applicant"), is requesting to amend the Tier Overlay District designation from
Tier III-A to Tier III, for the subject property located at 21660 Overseas Highway, Cudjoe Key, more
particularly described as Lots 11 through 16 Sacarma Plat Book 2 Page 48, Official Records of Monroe
County, currently having Monroe County Property Appraiser's Office Property Identification Numbers
("Parcel ID Nos.") 00174740-000100, 00174770-000000, 00174780-000000, 00174790-000000,
00174800-000000, and 00174810-000000. A fuller description of the proposed amendment is attached
as Exhibit 1.
Although the original application also included Lot 10, on October 7, 2024 the Agent for the applicant
requested that the original application submitted be amended to exclude Lot 10 (which at that time was
the easterly 1/2 of the parcel with Parcel ID No. 00174740-000100) from their request for a Tier
Overlay District map amendment to Tier III. On January 7, 2025, the applicant executed a parcel split
with the Monroe County Property Appraisers Office splitting Lot 10 & 11 into 2 Property Identification
Numbers, Lot 10 now being 00174740-000200 and Lot 11 retaining the original Property Identification
4397
Number of 00174740-000100.
The Monroe County Planning Commission held a public hearing to consider the subject request on
October 23, 2024, and recommended approval of the Tier amendment for Lots 11-16.
On January 15, 2025, the Monroe County Board of County Commissioners held a public hearing to
consider the proposed tier amendment for Lots 11-16. Based on public comment received during the
hearing, it appears that a Conservation Easement has been recorded on Lot 16 (attached), which was
previously unknown to staff and not considered in analysis of the proposed amendment. The BOCC
directed staff to obtain title work for Lot 16 and voted to continue the request to the February 19, 2025,
meeting.
The title search report for Lot 16 indicates that the conservation easement, recorded on September 3,
1993, at Book 1272, Page 0043 of the official records of the Monroe County Clerk of Courts (attached),
which runs in favor of FDEP, is still on title and effective. The conservation easement covers
approximately 13,500 square feet (0.31 acres) of Lot 16, and requires both maintenance and
creation/enhancement of wetlands.
On February 7, County staff received the following statement from FDEP: "At this time, the
Department plans on pursuing enforcement of the mangroves and conservation easement violations via
a consent order." It is apparent that the violations on Lot 16 are not yet corrected, and that the area
within the conservation easement is intended to be wetland habitat. In the context of Tier Overlay
District Map Amendments, Land Development Code Section 130-130(e) states: "Unlawful conditions
shall not be recognized when determining existing conditions and regulatory requirements." Given the
extent of area on Lot 16 that is characterized as environmentally sensitive, as it should be
mangroves/wetlands under the conservation easement, Staff does not recommend approval of the
proposed amendment to Tier III for Lot 16.
Pursuant to Policy 105.2.1, 1. Natural Area (Tier I): Any defined geographic area where all or a
significant portion of the land area is characterized as environmentally sensitive by the policies of this
Plan and applicable habitat conservation plan, is to be designated as a Natural Area....
As defined in the Glossary of the Comprehensive Plan,Environmentally Sensitive Lands means areas
of native habitat requiring special management attention to protect important fish and wildlife
resources and other natural systems or processes. Environmentally sensitive lands typically include
wetlands and other surface waters, tropical hardwood hammocks and pinelands.
4398
Please see attached Staff Report for additional analysis of the proposed amendment.
PREVIOUS RELEVANT BOCC ACTION:
In March of 2006, the Monroe County Board of County Commissioners adopted the Tier Overlay
District maps through Ordinance Nos. 08-2006, 09-2006, 10-2006, 11-2006, and 13-2006, at which
time the subject properties were designated Tier III-A.
On January 15, 2025, the Monroe County Board of County Commissioners held a public hearing to
consider the proposed amendment to the Tier Overlay District Map, and continued the hearing to the
February 19, 2025 meeting.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION:
Although Staff recommends approval of the proposed amendment to Tier III on Lots 11-15, given the
extent of area on Lot 16 that is characterized as "environmentally sensitive" (as it should be
mangroves/wetlands under the conservation easement), based on Policy 105.2.1 staff does not
recommend approval of the proposed amendment to Tier III for Lot 16.
DOCUMENTATION:
BOCC Draft Ordinance 02 19 25.docx
Exhibit I to Ordinance.pdf
Staff Report
SR Exhibit I warranty deeds.pdf
Staff Report Exhibit 2 - Tier_Amendment.pdf
Florida Division of Corporations (Sunbiz) - 21660 Overseas Highway, LLC.pdf
1993 Lot 16 Conservation Easement
FINANCIAL IMPACT:
n/a
4399
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7 MONROE COUNTY, FLORIDA
8 BOARD OF COUNTY COMMISSIONERS
9
10 ORDINANCE NO. -2025
11
12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
13 COMMISSIONERS AMENDING THE MONROE COUNTY TIER OVERLAY
14 DISTRICT MAP FROM TIER III-A TO TIER III, AS REQUESTED BY
15 SPOTTSWOOD, SPOTTSWOOD, SPOTTSWOOD AND STERLING PLLC, ON
16 BEHALF OF 21660 OVERSEAS HWY, LLC, FOR PROPERTY LOCATED AT
17 21660 OVERSEAS HIGHWAY, CUDJOE KEY, LEGALLY DESCRIBED AS
18 LOTS 11 THROUGH 16 SACARMA PLAT BOOK 2 PAGE 48 CUDJOE KEY,
19 HAVING PARCEL ID NUMBERS 00174740-000100; 00174770-000000; 00174780-
20 000000; 00174790-000000; 00174800-000000 AND 00174810-000000;
21 APPROXIMATE MILE MARKER 21.75; PROVIDING FOR SEVERABILITY;
22 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING
23 FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
24 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO THE TIER
25 OVERLAY DISTRICT MAP; PROVIDING FOR AN EFFECTIVE DATE.
26
27
28 WHEREAS, the Planning and Environmental Resources Department received an
29 application from Agent Don Craig on behalf of 21660 Overseas Hwy, LLC, property owners,
30 requesting to amend the Tier Overlay District designation from Tier IH-A to Tier III, for property
31 located at 21660 Overseas Highway,Cudjoe Key,legally described as Lots 10 through 16 Sacarma
32 Plat Book 2 Page 48 Cudjoe Key, having Parcel ID Numbers 00174740-000100; 00174770-
33 000000; 00174780-000000; 00174790-000000; 00174800-000000 and 00174810-000000; and
34
35 WHEREAS,the Property is located at 21660 Overseas Highway, Cudjoe Key; and
36
37 WHEREAS, in accordance with Land Development Code Section 102-159(a), the
38 Applicant held a community meeting regarding the proposed amendment on April 9, 2024; and
39
40 WHEREAS,the Monroe County Development Review Committee (DRC) considered the
41 proposed amendment at a regularly scheduled meeting held on the 27 h day of August, 2024; and
42
43 WHEREAS, based upon the information and documentation submitted, the Development
44 Review Committee Chair recommended approval of the proposed amendment for Parcels
45 00174770-000000, 00174780-000000 00174790-000000, 00174800-000000 and 00174810-
46 000000 and DENIAL of the proposed amendment for Parcel 00174740-000100 (Lots 10 & 11
File 2024-016 1 of 5
4400
I Sacarma) due to the extent of Native Area (NA) Land Use District on Parcel 00174740-000100;
2 and
3
4 WHEREAS, on October 7, 2024, the Agent for the applicant amended the application to
5 remove Lot 10 (east 1/z of parcel 00174740-000100) from the proposed Tier map amendment; and
6
7 WHEREAS, on October 23, 2024, the Planning Commission held a public hearing to
8 consider the amended proposal to amend the Tier Overlay District designation from Tier HI-A to
9 Tier HI, for Lots 11 through 16 only; and
10
11 WHEREAS,the Monroe County Planning Commission was presented with the following
12 documents and other information relevant to the request,which by reference is hereby incorporated
13 as part of the record of said hearing:
14 1. Request for a Tier Overlay District(Tier)Map Amendment application received by the
15 Planning&Environmental Resources Department on January 18,2024, as amended on
16 October 7, 2024 (File 2024-016); and
17 2. Staff report prepared by Michael Roberts, CEP, PWS, Assistant Director of
18 Environmental Resources dated September 17, 2024 and revised October 8, 2024; and
19 3. Sworn testimony of the applicant; and
20 4. Sworn testimony of Monroe County Planning&Environmental Resources Department
21 Staff, and
22 5. Advice and counsel of Peter Morris, Assistant County Attorney, and Dirk Smits,
23 Planning Commission Counsel; and
24
25 WHEREAS, based upon the information and documentation submitted, the Planning
26 Commission made the following Findings of Fact:
27
28 1. Monroe County Code (MCC) §102-158 states that map amendments are not intended
29 to relieve particular hardships, nor to confer special privileges or rights on any person,
30 nor to permit an adverse change in community character, analyzed in the Monroe
31 County Comprehensive Plan, but only to make necessary adjustments in light of
32 changed conditions or incorrect assumptions or determinations as determined by the
33 findings of the BOCC; and
34 2. MCC §102-158(d)(7)b.provides that one or more of the following criteria must be met
35 for a map amendment:
36 1. Changed projections (e.g., regarding public service needs) from those on which
37 the existing text or boundary was based;
38 2. Changed assumptions (e.g., regarding demographic trends) from those on which
39 the existing text or boundary was based;
40 3. Data errors, including errors in mapping, vegetative types and natural features
41 which contributed to the application of the existing text or boundary;
42 4. New issues which arose after the application of the existing text or boundary;
43 5. Recognition of a need for additional detail or comprehensiveness;
44 6. Data updates; or
File 2024-016 2 of 5
4401
1 7. Consistency with the Comprehensive Plan and the principles for guiding
2 development as defined in Section 380.0552, Florida Statutes.
3 3. Map amendments to the Monroe County Land Use District Map shall not be
4 inconsistent with the Principles for Guiding Development in the Florida Keys Area of
5 Critical State Concern; and
6
7 WHEREAS, based upon the information and documentation submitted, the Planning
8 Commission made the following Conclusions of Law:
9 1. The proposed Tier Map amendment is not anticipated to adversely impact the community
10 character of the surrounding area;
11 2. The proposed Tier Map amendment is consistent with Monroe County Land Development
12 Code Section 130-130;
13 3. The proposed Tier Map amendment is consistent with the Goals, Objectives and Policies
14 of the Monroe County Year 2030 Comprehensive Plan;
15 4. The proposed Tier Map amendment is consistent with the Principles for Guiding
16 Development for the Florida Keys Area, Section 380.0552(7), Florida Statute (F.S.);
17
18 WHEREAS, on January 7, 2025, the applicant executed a Lot Split with the Monroe
19 County Property Appraisers Office removing splitting Lot 10 & 11 into 2 Property Identification
20 Numbers, Lot 10 being 00174740-000200 and Lot 11 retaining the original Property Identification
21 Number of 00174740-000100.
22
23 WHEREAS, at a regular meeting held on the 15'h day of January, 2025, the Monroe
24 County Board of County Commissioners held a duly noticed public hearing to consider the
25 adoption of the proposed amendment, considered the Department's professional staff report and
26 provided for public comment and public participation in accordance with the requirements of state
27 and local law and the procedures adopted thereto for public participation in the planning process;
28 and voted to continue the requested amendment to the February 19, 2025 meeting
29
30 WHEREAS, at a regular meeting held on the 19'h day of February, 2025, the Monroe
31 County Board of County Commissioners held a duly noticed public hearing to consider the
32 adoption of the proposed amendment, considered the Department's professional staff report and
33 provided for public comment and public participation in accordance with the requirements of state
34 and local law and the procedures adopted thereto for public participation in the planning process;
35
36 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
37 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
38
39 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of
40 legislative intent are true and correct and are hereby incorporated as if fully stated
41 herein; and
42
43 Section 2. The subject property currently bearing Property Identification 00174740-000100;
44 00174770-000000; 00174780-000000; 00174790-000000; 00174800-000000
45 AND 00174810-000000, which are currently designated as Tier III-A, shall be
File 2024-016 3 of 5
4402
I designated Tier III as shown on the attached map, attached as "Exhibit I." which
2 is hereby incorporated by reference as if fully stated herein.
3
4 Section 3. Construction. The interpretation of this ordinance, and all provisions of the
5 Monroe County Codes, Comprehensive Plan, floodplain management regulations,
6 and Florida Building Code whose interpretation arises out of, relates to, or is
7 interpreted in connection with this ordinance, these being necessary for the health,
8 safety, and welfare of the residents of and visitors to unincorporated Monroe
9 County, shall be construed in favor of the Monroe County BOCC, and such
10 interpretations shall be entitled to great weight in adversarial administrative
11 proceedings, at trial, and on appeal.
12
13 Section 4. Severability, Partial Invalidity, and Survival of Provisions. If any provision of
14 this ordinance, or any section, subsection, or part or portion thereof, is held to be
15 invalid or unenforceable by any administrative hearing officer or court of
16 competent jurisdiction, the invalidity or unenforceability of such provision, or part
17 or portion thereof, shall neither limit nor impair the operation, enforceability, or
18 validity of any other provisions of this ordinance, or any remaining section(s),
19 subsection(s),part(s), or portion(s)thereof. All other provisions,parts, and portions
20 thereof shall continue unimpaired in full force and effect.
21
22 Section 5. Repeal of Inconsistent Provisions.All ordinances or parts of ordinance in conflict
23 with this ordinance are hereby repealed to the extent of said conflict. The repeal of
24 an ordinance herein shall not repeal the repealing clause of such ordinance or revive
25 any ordinance which has been repealed thereby.
26
27 Section 6. Transmittal. This ordinance shall be transmitted to the State Land Planning
28 Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
29
30 Section 7. Filin2 and Effective Date. This ordinance shall be filed in the Office of the
31 Secretary of the State of Florida but shall not become effective until approved by
32 the State Land Planning Agency and, if appealed, until the appeal is resolved
33 pursuant to Chapter 120 of the Florida Statutes.
34
35 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
36 Florida, at a regular meeting held on the 19'h day of February, 2025.
Mayor James K. Scholl, District 3
Mayor Pro Tem Michelle Lincoln, District 2
Craig Cates, District 1
David Rice, District 4
Holly Merrill Raschein, District 5
File 2024-016 4 of 5
4403
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor James K. Scholl
(SEAL)
ATTEST: KEVIN MADOK, CLERK
AS DEPUTY CLERK
File 2024-016 5 of 5
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MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
To: Monroe County Board of County Commissioners
Through: Emily Schemper, A.LC.P.,i C.F.M.,2 Senior Director, Monroe County Planning and
Environmental Resources Department
From: Michael Roberts, C.E.P.,3 P.W.S.,4 C.F.M., Assistant Director—Environmental
Resources Office, Monroe County Planning and Environmental Resources
Department
Date: January 28, 2025
Subject: A Public Hearing Concerning an Application Received from 21660 Overseas
Highway, LLC, via its Authorized Agent Spottswood, Spottswood, Spottswood,
and Sterling PLLC, Requesting for the Monroe County Board Of County
Commissioners to Approve an Ordinance Amending the Monroe County Tier
Overlay District Map to Change the Tier Designation of Property Located At
21660 Overseas Highway on Cudjoe Key from Tier III-A to Tier III, Said
Property Being Located at Approximate Mile Marker 21.75, More Particularly
Described As Lots 11 Through 16 Sacarma Plat Book 2 Page 48, Official Records
of Monroe County, and Currently Having Property Identification Numbers
00174740-000100, 00174770-000000, 00174780-000000, 00174790-000000,
00174800-000000, and 00174810-000000.5
Meeting: February 19, 2025
L THE REQUEST:
Authorized agent Don Craig (the "Agent") on behalf of the closely-held Florida-registered
limited liability company 21660 Overseas Hwy, LLC (the "applicant") is requesting to amend
the Tier Overlay District designation from Tier III-A to Tier III,for the subject property located
at 21660 Overseas Highway, Cudjoe Key, more particularly described as Lots 10 through 16
Sacarma Plat Book 2 Page 48, Official Records of Monroe County, currently having Monroe
County Property Appraiser's Office Property Identification Numbers ("Parcel ID Nos.")
00174740-000100, 00174770-000000, 00174780-000000, 00174790-000000, 00174800-
000000, and 00174810-000000. A fuller description of the proposed amendment is attached as
Exhibit 1.
On October 7,2024,the Agent for the applicant requested that their original request(the
original application submitted)be amended to exclude (i.e., to remove) Lot 10 (Parcel ID
No. 00174740-000200) from their request for BOCC approval of a Tier Overlay District
map amendment to Tier 111. The applicant subsequently applied to the Monroe County
'American Institute of Certified Planners(A.LC.P.)Certification.
z Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
'National Association of Environmental Professionals(N.A.E.P.)—Certified Environmental Professional(C.E.P.).
4 Society of Wetland Scientists(S.W.S.)—Professional Wetland Scientist(P.W.S.).
s Monroe County Planning and Environmental Resources Department File No.2024-016.
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4406
Property Appraiser's office to split Parcel 00174740-000100 into 2 parcels, 00174740-
000100 (Lot 11) and 00174740-000200 (Lot 10). The MCPA notified the owner that the
parcel was split on January 7, 2025.
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Monroe County Property Appraiser's Office Property Boundaries(Outlined in Blue)(2023 Imagery)
II. BACKGROUND INFORMATION:
Site Information:
Address: 21660 Overseas Highway, Cudjoe Key.
Description: Lots 11 through 16 Sacarma Plat Book 2 Page 48 Official
Records of Monroe County.6
Current Parcel ID Numbers: 00174740-000100, 00174770-000000, 00174780-000000;
00 174790-000000; 00 174800-000000 and 00174810-
000000.
Authorized Agent: Don Craig/Richard McChesney, Spottswood Law Firm.
Owner/Applicant: 21660 Overseas Highway, LLC.
Apparent Size of Site: Approximately 161,306 Square Feet(3.7 acres).'
Land Use District("LUD")
Designation: Urban Residential—Mobile Home ("URM"), Suburban
Commercial ("SC"), and Native Area("NA").
Future Land Use Map
("FLUM") Designation: Residential High("RH"), Residential Medium ("RM"), and
Residential Conservation ("RC").
Tier Designation: III-A.
Flood Zones: AE10, VEl 1, VE12, VE13, VE14, and VE16.
Existing Use: Single Family Residence (Parcel ID No. 00174810-000000);
Vacant Land.
Existing Vegetation/Habitat: Developed land/scarified/disturbed buttonwood/salt marsh.
6 See attached Exhibit I.
7 Monroe County Property Appraiser's Office data.
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Land Use Districts ("LUDs")
(With Property Boundaries Outlined in Blue)
(2023 Imagery)
Immediate Vicinity and Community Character of Immediate Vicinity: The subject
properties consist primarily of vacant, scarified land,with some areas of mangrove, salt marsh,
and buttonwood habitat. The property currently having Parcel ID No. 00174810-000000 is
developed with an existing single-family residence (Permit No. 89100977). The remaining
properties comprising the subject parcels are vacant land. The adjacent properties to the west
consist of condominiums and oceanfront estates. The lands that are directly east of the subject
properties include over approximately 50 acres of primarily wetlands and hammock habitat,
with several single-family residences in small, scarified areas. Commercial development(U.S.
Highway 1 frontage) and the Cutthroat Harbor Estates subdivision are approximately 1/z mile
east of the subject properties.
Previous County Action(s):
The Monroe County Board of County Commissioners ("BOCC", "Board", "Monroe County",
or the "County") adopted the Tier Overlay District through Ordinance Nos. 08-2006, 09-2006,
10-2006, 11-2006, and 13-2006 in March of 2006, during which time these properties were
designated Tier III-A.
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4408
The Monroe County Building Department has issued the following permits for the subject
properties:
Parcel ID No. Permit No. Issue Date I Type
00174740-000100 No Previous Permits Found
00174770-000000 No Previous Permits Found
00174780-000000 10102548 5/04/2010 1 Demolition of concrete slab
00174790-000000 No Previous Permits Found
00174800-000000 A-690 10/20/1975 Downstairs sink(Property
Described as Empty)
00174810-000000 89100977 2/14/1991
Single family residence (Certificate
of Occupancy issued 11/27/2000)
The Monroe County Code Compliance Department has opened the following Code
Compliance cases for the subject properties:
Parcel ID No.: Case No.: Case Date: Complaint: status:
00174740-000100 No Previous Cases Found
00174770-000000 No Previous Cases Found
00174780-000000 CE10030135 3/18/2010 Concrete Slab, No Permit Closed'
CE19050195 05/24/2019 RV, sewer Closed'
00174790-000000 No Previous Cases Found
00174800-000000 00-215A 02/28/2010 Sign required Closed'o
CE08080003 08/01/2008 Unsafe Propane tank Closed"
00174810-000000 **CE20040126 04/27/2020 Clearing of mangroves Closed (Remains
Open with mains)
CE22080052 08/24/2022 Construction w/o permit Closed 5/21/202414
Monroe County Code Compliance Department Case No. CE20040126 is for the
unpermitted alteration of wetlands. The case was the subject of a referral to the Florida
Department of Environmental Protection (FDEP)for resolution.As of the time of this report,
FDEP continues working through these violations with the Property Owner/Applicant to
ensure the Property Owner/Applicant shall restore the impacted area(s) and to record a
Conservation Easement. At the January 15, 2025 BOCC meeting staff was provided a copy of
a Conservation Easement granted to the Florida Department of Environmental Protection
(Document#801513; ORB 1272 Page 0043) over a portion of Lot 16 (Parcel Identification
Number 00174810-000000). The approximate extent of the Conservation Easement on Lot 16
or depicted below. The BOCC requested title work on Lot 16 and continued the hearing to
February 19, 2025. The requested title work is still pending as of the date of this staff report.
Planning& Environmental Resources staff has continued to coordinate with FDEP on the
'Apparently compliant.
'Apparently compliant.
io Apparently compliant.
11 Apparently compliant.
12 Florida.Department of Environmental Protection("FDEP").
13 Apparently compliant.
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4409
resolution of the impacts to wetlands on Lot 16, but at the time of this report further
information is unavailable.
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Based on Document 801513 Exhibit A:
Approximate Limits of Conservation Easement on Lot 16 Sacarma
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Community Meeting and Public Participation
A Community Meeting was held at the Harvey Government Center, located at 1200 Truman
Avenue, Key West, on April 9, 2024. Physical and virtual attendees included Monroe County
Planning Commissioner Ron Demes, Ms. Dottie Moses, and Mr. John Benkenstein. Monroe
County Planning and Environmental Resources Department professional staff consisted of
Assistant Director Michael Roberts.Representatives of the applicant present were Donald L. Craig
and Lori Thompson of Spottswood, Spottswood, Spottswood, and Sterling PLLC.
Public comment consisted primarily of inquiries about the agent and/or applicant's future
development plans, and did not offer any objections to the proposed map amendment.
Development Review Committee(DRC) Meeting
The Development Review Committee (DRC) convened to review this application at its regular
meeting held on August 27, 2024. DRC Resolution No. 04-24 recommended approval of the then-
proposed amendment for Parcel ID Nos. 00174770-000000, 00174780-000000 00174790-000000,
00174800-000000 and 00174810-000000 and recommended denial of the then-proposed
amendment for Parcel ID No. 00174740-000100 (Lots 10 & 11 Sacarma) to the Planning
Commission and Board of County Commissioners.
Planning Commission Meeting
The Monroe County Planning Commission heard the operative Tier change request on October 23,
2024, and accordingly recommended approval.
Board of County Commissioners
On January 15, 2025, the Monroe County Board of County Commissioners held a public hearing
to consider the proposed tier amendment for Lots 11-16. Based on public comment received during
the hearing, it appears that a Conservation Easement has been recorded on Lot 16 (as described on
pages 4 and 5 of this staff report), which was previously unknown to staff and not considered in
analysis of the proposed amendment. The BOCC directed staff to obtain title work for Lot 16 and
voted to continue the request to the February 19, 2025, meeting.
III.AMENDMENT REVIEW:
The amended application of the agent and applicant requests BOCC approval to amend the Tier
Overlay District designation, from Tier III-A to Tier III, for Parcel ID No's 00174740-000100,
00174770-000000, 00174780-000000, 00174790-000000, 00174800-000000, and 00174810-
000000.
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Objective 205.1
Monroe County shall maintain the Tier Overlay District Maps as required in Policy 105.2.2. [F.S.
§ 163.3177(6)(d.)(2.)(d.), (h.)].
Policy 205.1.1
The County shall establish the following criteria, at a minimum, to use when designating Tiers:
[F.S. § 163.3177(6)(d.)(2.)(d.), (h.)].
1. Land located outside of Big Pine Key and No Name Key shall be designated as Tier I based
on following criteria:
• Natural areas including old and new growth upland native vegetated areas, above 4
acres in area.
• Vacant land which can be restored to connect upland native habitat patches and
reduce further fragmentation of upland native habitat.
• Lands required to provide an undeveloped buffer, up to 500 feet in depth, if
indicated by appropriate special species studies, between natural areas and
development to reduce secondary impacts; canals or roadways, depending on size
may form a boundary that removes the need for the buffer or reduces its depth.
• Lands designated for acquisition by public agencies for conservation and natural
resource protection.
• Known locations of threatened and endangered species.
• Lands designated as Conservation and Residential Conservation on the Future Land
Use Map or within a buffer/restoration area as appropriate.
• Areas with minimal existing development and infrastructure.
2. Lands on Big Pine Key and No Name Key designated as Tier I, II, or III shall be in
accordance with the wildlife habitat quality criteria as defined in the Habitat Conservation
Plan for those islands.
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4412
3. Lands located outside of Big Pine Key and No Name Key that are not designated Tier
I shall be designated Tier III.
4. Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical
hardwood hammock or pinelands of one acre or greater in area shall be designated
as Special Protection Areas.
5. Lands within the Ocean Reef planned development shall be excluded from any Tier
designation.
Table 1.Tier Overlay District Boundary Criteria (Chapter 130-130(c)(1),Monroe County Land Development
Code.
Tier I boundaries shall be delineated to include one or more of the following criteria and shall be designated Tier L
Criteria
Criteria Present
Comment
Vacant lands which can be restored to connect upland There is no upland native habitat on the
native habitat patches and reduce further fragmentation of N subject parcels and none to east or west of
upland native habitat the parcels
Lands required to provide an undeveloped buffer,up to
500 feet in depth,if indicated as appropriate by special Location is not located between natural areas
species studies,between natural areas and development
to reduce secondary impacts. Canals or roadways, N and development(parcels on either end of
depending on width, may form a boundary that removes proposed amendment are developed).
the need for the buffer or reduces its depth.
Lands designated for acquisition by public agencies for Parcel is not located within the FF project
conservation and natural resource protection. N boundary(Florida Keys Ecosystem project)
Known locations of threatened and endangered species, The site is not a known location of any
as defined in section 101-1,identified on the threatened threatened or endangered species. Parcels
and endangered plant and animal maps or the Florida N are within SFAM for silver rice rat and
Keys Carrying Capacity Study maps, or identified in on- parcels lie within the 500 meter buffer for
site surveys. silver rice rat and lower Keys marsh rabbit.
Conservation,native area, sparsely settled, and offshore Location is in the URM/SC/NA LUD's.
island land use districts. Lots 14 & 15 are completely within the SC
LUD. Lot 16 is within the URM LUD. Lots
N 11,12 & 13 are partially within the NA LUD
but primarily within the SC LUD. Lot 10
was removed from consideration due to NA
LUD.
Areas with minimal existing development and Parcels are located along a partially
infrastructure. developed segment of U.S. Highway 1.
N Multi-family residential, transient residential
and commercial uses occur to the west of the
subject parcels.
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Pursuant to Policy 205.1.1, "Designated Tier III lands located outside of Big Pine Key and No
Name Key with tropical hardwood hammock or pinelands of one acre or greater in area shall be
designated as Special Protection Areas." The subject parcels do not contain hardwood hammock
or pinelands of one acre or greater in area.
The subject parcels do not meet the criteria for Tier I or Tier III-A.
9 � ,
yre/'/�/�yiey���>•!/ ttl/ � r vi rr�✓ r � i y irk / i1
�l��l�i% id��j ✓�f GPI!I' i I� ,� P ,tiDr 1/rllJr����((p��/r% /;
�ii ...ti✓,��. / ������;ri�i�T j y����%���r'��„,r���INy`l�iri�irr��i ��('�yJ, �I�,�i� �/�/,,//��/ /,,
I '% /rl� I ��kf/, �✓..�ll����i�•"/�. UI�J ryytl�r b"'"I /� �' �r�N��� �� h �/ lr�� l���, .��11��GIr'0/� �,
r
Future Land Use ("FLUM") Land Use Districts ("LUD")
r
IM
N, ere lryih,
� rr1lr�,lh� 9
r
�1C��
/
A
612 Fringing Mangrove
620 Scrub Mangrovo
Saltmarsh and Buttonwood Associations
9of14
4414
The parcels do not support native upland habitat, are in close proximity to multi-family residential
development and are within the service area for central sewer.
As required by Comprehensive Plan Policy 205.1.1 and Land Development Code Section 130-
130(b)(2),lands that are not designated Tier I shall be designated Tier III.
Based on the foregoing data and information, it is, at this time, the determination of Monroe
County Planning and Environmental Resources Department("Department")professional staff that
the appropriate Tier Overlay District designation for Parcel ID Nos. 00174740-000100, 00174770-
000000, 00174780-000000 00174790-000000, 00174800-000000, and 00174810-000000 is Tier
III.
IV. CONSISTENCY OF THE REQUESTED AMENDMENT WITH THE MONROE
COUNTY LAND DEVELOPMENT CODE:
As indicated in the paragraph immediately above, Monroe County Planning and Environmental
Resources Department professional staff have determined that the subject Tier Overlay District
map amendment is not inconsistent with the provisions and intent of Section 130-130 of the
Monroe County Land Development Code ("LDC" or"MCC").
Sec. 130-130. —Tier Overlay District
(a) Purpose. The purpose of the tier overlay district is to designate geographical areas
outside of the mainland of the county, excluding the Ocean Reef planned development,
into tiers to assign ROGO and NROGO points, determine the amount of clearing of
upland native vegetation that may be permitted, and prioritize lands for public
acquisition. The tier boundaries are to be depicted on the tier overlay district map.
Lands on Big Pine Key and No Name Key shall be delineated as tier I, 11, or III. Lands
in the remainder of the unincorporated county, excluding the Ocean Reef planned
development, shall be delineated as tier I, III, and III-A (special protection area).
(b) Tier boundaries. Tier boundaries shall follow property lines wherever possible, except
where a parcel line or distinct geographical feature, such as a canal or roadway, may
be more appropriate.
(c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier
boundaries are designated using aerial photography, data from the Florida Keys
Carrying Capacity Study, the endangered species maps, property and permitting
information and field evaluation. The following criteria, at a minimum, are used to
evaluate upland habitats and designate boundaries between different tier overlays:
(1) Tier I boundaries shall be delineated to include one or more of the following criteria
and shall be designated tier L
a. Vacant lands which can be restored to connect upland native habitat patches
and reduce further fragmentation of upland native habitat.
b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if
indicated as appropriate by special species studies, between natural areas and
development to reduce secondary impacts. Canals or roadways, depending on
10 of 14
4415
width, may form a boundary that removes the need for the buffer or reduces its
depth.
c. Lands designated for acquisition by public agencies for conservation and
natural resource protection.
d. Known locations of threatened and endangered species, as defined in section
101-1, identified on the threatened and endangered plant and animal maps or
the Florida Keys Carrying Capacity Study maps, or identified in on-site
surveys.
e. Conservation, native area, sparsely settled, and offshore island land use
districts.
f. Areas with minimal existing development and infrastructure.
(2) Lands located outside of Big Pine Key and No Name Key that are not designated
tier I shall be designated tier III.
a. The following conditions shall constitute a break in pinelands or tropical
hardwood hammock for calculating the one-acre minimum patch size for
designation of tier III-A boundaries:
1. U.S. Highway 1, canals and open water;
2. Any disturbed pinelands or tropical hardwood hammock with invasive
coverage of 40 percent or more;
3. Property lines of developed lots or vacant lots with a ROGO allocation
award or an issued building permit, as of September 28, 2005, located
within a Land Use District that allows only one unit per lot; or
4. Property lines of developed parcels of less than 10,000 square feet in
area with a ROGO/NROGO allocation award or issued building permit,
as of September 28,2005, located within a Land Use District that allows
residential development of more than one dwelling unit per parcel/lot or
non-residential development.
[The remainder of this page has been intentionally left blank.]
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V. CONSISTENCY WITH THE PRINCIPLES FOR GUIDING DEVELOPMENT IN
THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN AND MONROE
COUNTY COMPREHENSIVE PLAN:
The State of Florida has by administrative rule and statutorily designated Monroe County the
State's only countywide Area of Critical State Concern ("ACSC"). Fla. Admin. Code R. 28-
29.002; Florida Statutes § 380.0552(3).
The State by administrative rule requires that all "development" in Monroe County "shall" be
consistent with the Comprehensive Plan. Fla. Admin. Code R. 28-20.019(5) (emphasis added).
The Monroe County Comprehensive Plan requires that all"development"must be consistent with
the State's statutory Principles for Guiding Development in the Florida Keys Area of Critical State
Concern. Introduction, Monroe County Comprehensive Plan ('JA]ll planning and development
within the Florida Keys must be consistent with Sections 380.05 and 380.0552(7), F.S.,
Principles for Guiding Development.") (emphasis added).
Therefore, all"development"in Monroe County "must"be consistent with the State's statutorily
adopted Principles for Guiding Development in the Florida Keys Area of Critical State Concern.
For the purpose(s) of reviewing consistency of the Land Development Code or any amendments
to the Land Development Code with the Principles for Guiding Development (Section
380.0552(7), Florida Statutes), the Principles shall be construed as a whole and no specific
provision shall be construed or applied in isolation from the other provisions.
(a)To strengthen local government capabilities for managing land use and development so
that local government is able to achieve these objectives without the continuation of the
area of critical state concern designation.
(b) To protect shoreline and marine resources, including mangroves, coral reef formations,
seagrass beds, wetlands, fish and wildlife, and their habitat.
(c) To protect upland resources, tropical biological communities, freshwater wetlands,
native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges
and beaches, wildlife, and their habitat.
(d) To ensure the maximum well-being of the Florida Keys and its citizens through sound
economic development.
(e) To limit the adverse impacts of development on the quality of water throughout the
Florida Keys.
(f) To enhance natural scenic resources, promote the aesthetic benefits of the natural
environment, and ensure that development is compatible with the unique historic character
of the Florida Keys.
(g) To protect the historical heritage of the Florida Keys.
(h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing and
proposed major public investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection and disposal facilities;
3. Solid waste collection and disposal facilities;
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4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate.
(i) To limit the adverse impacts of public investments on the environmental resources of
the Florida Keys.
0) To make available adequate affordable housing for all sectors of the population of the
Florida Keys.
(k) To provide adequate alternatives for the protection of public safety and welfare in the
event of a natural or manmade disaster and for a post disaster reconstruction plan.
(1) To protect the public health, safety, and welfare of the citizens of the Florida Keys and
maintain the Florida Keys as a unique Florida resource.
Based on the foregoing data and information, it is, at this time, the determination of Monroe
County Planning and Environmental Resources Department professional staff that the
requested amendment for Parcel ID Nos. 00174740-000100, 00174770-000000, 00174780-
000000, 00174790-000000, 00174800-000000, and 00174810-000000 is consistent with the
Principles for Guiding Development as a whole and is not inconsistent with any one Principle.
In Accordance with MCC � 102-158(d)(5.), the BOCC May Consider the Adoption of an
Ordinance Enacting the proposed Amendatory Change Based Upon One or More of the
Following:
1. Changed projections (e.g., regarding public service needs)from those on which the text or
boundary was based:
N/A.
2. Changed assumptions (e.g., regarding demographic trends):
N/A.
3. Data errors, including errors in mapping, vegetative types and natural features described
in Volume I of the Year 2010 Comprehensive Plan:
The Tier Designation of III-A for the subject parcels is not consistent with the criteria of
Comprehensive Plan Policy 205.1.1. The area south of U.S. Highway 1 does not support
native upland habitats and the designation as Tier III-A is not consistent with Policy
205.1.1.
4. New issues:
N/A.
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4418
5. Recognition of a need for additional detail or comprehensiveness:
N/A.
6. Data updates:
The physical characteristics of the subject parcels are not consistent with the Tier I criteria
or Tier III-A criteria contained in Section 130-130 of the Land Development Code and
Policy 205.1.1 of the Comprehensive Plan.
7. Impact on Community Character:
The Tier Overlay District designation is utilized to implement and score Rate of Growth
Ordinance ("ROGO") applications, to steer growth and to establish clearing limits. While
the proposed change may result in a ROGO or NROGO ("Nonresidential Rate of Growth
Ordinance") allocation(s)being issued sooner than otherwise,the Tier designation will not
impact community character.
VI. MONROE COUNTY PLANNING AND ENVIRONMENTAL RESOURCES
DEPARTMENT PROFESSIONAL STAFF RECOMMENDATION:
As stated more fully in Sections III., IV. and V. above, based upon the foregoing data and
information, Monroe County Planning and Environmental Resources Department professional
staff recommend approval of the request of the Agent and applicant, as amended, for Parcel ID
Nos. 00174740-000100, 00174770-000000, 00174780-000000, 00174790-000000, 00174800-
000000, and 00174810-000000, on the basis that these do not meet the criteria for Tier I
designation or Tier III-A designation,and are more appropriately designated Tier III in accordance
with criteria of Section 130-130(c)(2) of the Land Development Code.
As of the date of this staff report, submitted for the regular February agenda, the requested
title work for Lot 16 is still pending. If that title work results in a determination of an
unlawful condition related to clearing and/or conservation of native vegetation, staff may
recommend the BOCC not approve the requested tier amendment for Lot 16.
VII. EXHIBITS:
1. Warranty Deed with Apparent Property Description
2. Tier Overlay District Map Amendment;
Proposed Tier Overlay District Designation
3. Draft Ordinance
4. Florida Division of Corporations (Sunbiz) Record Entry for "21660 Overseas Highway,
LLC"
14 of 14
4419
1116/24, 12:44 PM Landmark Web Official Records Search
Doc#2408683 Bk#3214 Pg#446 Electronically Recorded 312/2023 at 3:30 PM Pages 2
Filed and Recorded in Official Records(if MONROE COUNTY KEVIN MADOK
ElectronicallyREC. $18.511 Deed Doc Starnp S0.70
Lrqp rod b% and return Tv.
Donna Harris
International Title and Escrow Co,LLC
226 North Atlantic Avenue
Cocoa Beach,FL 32931
(321)784-7999
File No IT-22-937
Parcel Identification No 00 174740-000000
WARRANTY DEED
(STATUTORY FORM—SECTION(i89M,F.S.)-
This Indenture made the 24th day of February,2023 between HENRY WILLIAMS,a married man,whose post office
address is 70 Baldwin Road,Hempstead,NY 11550 of the County of Nassau,State of New York, Grantor,to San Marcos
Holdings 4790,LLC,a Now Mexico Limited Liability Company,whose post office address is 1309 Coffeen Avenue,Suite 1200,
Sheridan,WY 82801 of the County of Sheridan,State of Wyoming,Grantee:
Witnesseth,that said Grantor,for and in consideration of the sum of TEN DOLLARS(TJ.S.$10.00)and other good and
valuable considerations to said Grantor in hand paid by said Grantee,the receipt whereof is hereby acknowledged,has granted,
bargained,and sold to the said Grantee,and Grantee's heirs and assigns forever,the following described land,situate,lying and being
in Monroe County,Florida,to-wit:
Lots 10 and 11,SACARMA,according to the map or plat thereof,recorded in flat Book 2,Page 48,Public Records of
Monroe County,Florida.
Grantor warrants that at the time of this conveyance,the subject property is not the Grantor's homestead within the
meaning set forth in the constitution of the State of Florida,nor is it contiguous to or a part of a homestead property.Grantor's
residence and homestead address is:70 Baldwin Road,Hempstead,NY 11550.
Together With all the tenements,hereditainents and appurtenances thereto belonging or in anywise appertaining.
Subject To taxes for 2023 and subsequent years,not yet due and payable;covenants,restrictions,easements,reservations
and limitations of record,if any.
TO HAVE AND TO 14OLD the same in fee simple forever-
And Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple,that Grantor
has good right and lawful authority to sell and convey said land and that the Grantor hereby fully warrants the title to said land and
will defend the same against the lawful claims of all persons whomsoever.
Warranty Deed
File No.:IT-22-937 Page I Df2
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4420
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Doe.#2408683 Page Number: 2 of 2
In Witness Whereof,Grantor has hereunto set Grantor's hand and seal the day and year first above written.
Signed,sealed and delivered in our presence:
WITNI SS HENRY WILLIAMS
PRINT NAME: c A -94C
WITNESS
PRINT NAME:
STATE OF
C013NTY Or Sr
TI going instrument was acknowledged before me by means of Ofphysical presence or online notarization this*4h day of
w2023,by HENRY WILLIAMS. Cov
jzzz^1 vq
Signature of Notary Public,
Print,Type/Stamp Name of Notary
Personally Known: OR Produced Identificaticiv
Type of Identification,
Produced:
(6011n C Winters
NOTARY Put"C'aTATI�-6'F N'��YORK
atiBewt In N. U C�,tjrlty
nines
101
[C—OM W:, 2/202 5
Warranty Deed
File Nu,:IT-22-937 Page 2 of 2
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4421
Ill 6/24, 12A1 PM Landmark Web Official Records Search
Doe#2395634 Bk#3199 Ill 226 Electronically Recorded 10/25/2022 at 3:36 PM Pages 2
Filed an(]Recorded in Official Records of MONROE COUNTY KEVIN MADOK
ElectronicallyREC. $18.50 Deed Doe Stall$30,100.00
Lli�epgred bv,,Lj).L1 rvLqui(tv,
Mirinm Monvallyo
Sumhinc I.uxur, 'Fitly Corp.
10801
437
Avemill"i,Fl.33180
(305)684-8432
File NC5 22-09.392
0017,4770--000000; 00174780-000000; 00174790-00000: 00174800-000000� 00115180-00000
jStxux 6bo I Ill,LFm Daul
WARRANTY DEED
'this indenitireinad.the it d,,iyofOctiD))ei,,2022betw,vecii PiradiseBourvil Florida Not foi-Profit COrporation
whose post officc address is P,il ll 420421,Suninxerland Key,IM 33042,of the('olijity of N/jollroe,State of Florida, Grantor, to
21666 Oversens Ill IA,C,11 Flog-ida ill'infited Liability Company,whose pc.)sv officcaddress is 7405 Miami Lakes Drive,Miami
kaki:s,FL.33014,of the County of Miami Dade, State of Florida,Grantee:
'Witnesseth,that said Grantor,for and in consideration of thr surn of TEN DOLLARS(U.S.S10.00)and othergood ind valuable
covisidnrul to said Grantur in hand paid by said Grantee. the receipt whereof is,Ill acknowledged,kas granted,bargained,and
sold to the said Grantee. and Grantee's heirs and assigns foTever, the following described hand, situate, lying and being in Movirce.
Florida, to-wit:
LOTS 12, 1-1, 14 AND 15, SACARMA SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS
RECORDED IN PLA'I"BOOK 2,PAGE 48,PUBLIC RECORDS OF MONROE,'COUNTY, 1'L()RIDA.
GOVERNMENT 1,0T 3, SECTION 2, TOWNSHIP 67 SOUTH, RANGE 28 FAST AND KNOWN AS CRAB KEY,
SITUATL' LYING AND BEING IN MONROE COUNTY, FLORIDA, AND A PARCEL QF SUBME�R(.;ED LAND
ADJACFNT To SUMMERLAND KEY AND CRAB KEY. MONROE ("'OU D NTY, FLORIDA AN MORE
PART[CLILARI,Y DESCRIBED AS FOLll FROM THE NORTHWEST CORNER OF LOT 7 ACCORDING TO THE
PLAT OF SUMMERI.,AND BEACH,ADDITION NUMBER 7, RECORDED IN PLA"TBUCK 4,PAGI`74, OF MONROE
CO(JNTY, ILORIDA, OFFICIAL RECORDS, GO SOUTH 42-SW 21 " WLST A DISTANCE OF 70 FEE]-TO A POINT
IN THE SOUTHWESTERLY BANK OF AN EXISTING CANAL WHICH PO[N'I' IS '['HE POINT OF' BEGINNING;
TI IENCE' CON FINUE SOUTH i12l' 5S' 21 " WEST A DISTANCL 15 FELT TO A POINT OF' CURVATURE OF A
CURVE CONCAVE,TO THE EAST,HAVING A RADIUS OF 223.14 FLETAND A CENTRAL ANQLF OF45".11113NCE
S0(..JTI-IFRl.,Y ALONG SAID CURVE A DISTANCE OF 175,25 FEEf TO A POINT OF REVERSE a)RVATLJRE,-
THENCE SOU'll"'HERLYAND WESTERLY ALONG A CURVE CONCAVE TO THE NORTH WEST,HAVINC A RADIUS
OF 323,14 FEET AND A CLNTRAL ANGLE OF 4.11 A DISTANCE OF 253.79 FEET TO A POINT OF TANGENCY;
THENCE SOU"I'l-I 42" 58' 21" WEST A DISTANCE OF 93 FF",ET TO A POINT: THENCE SOUTH 47' 01'39" FAST A
DIS C TANE01`225 FF-Y"I"TOA,POINT',THENCE.SOUTH 42'58-21 "WESTA DISTANCEOF-445 FEET TOA POINT;
THENCE SOUIA-164'58'21" WEST A DISTANCE CIF 907 FEET TOA POINT, THENCE NORTH 25"01'39" WEST A
DISTANCEOF.192 FEET'TO A PCB[NT;THENCE NORTH 640 58'21" EAST DISTANCE CIF 835 FLETTO A POINT;
THENCE NORTH 42u 58'21" EAST A DISTANCE OF 365 FEET TO A POINT; THENCL SOLITH 47'01' 339" EAST
DISTANCE OF65 FEET TOA POINT:THENCE.NORTI-142'58'21"I-AS"I'A DISTANCEOF93 FEET TOA POINT OF
CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST. HAVING A RADIUS OF 223,14 FEET AN[.)
CENTRAL ANGLE OF615';TI-11ENCE EASTERLY ANDNORTHERLY ALONU SAID CURVE A DISTANCE OF 17fr.25
f`EET TO A POINT OF REVERSE CURVATURE; THEN(M NORTFIERVY AND EASTERLY ALONG A CURVE,
CONCAVE TOITIEFAST,HAVING A RADIIJISOF323.14 FEE."J'AND A CENTRAL..ANGLEOF'45"A DISTANCE OF'
253.79 FLEE TO A I1OINTOFTANG1:.'1JCY-, THENCE NORTH 42' 58' 21 " FAST' A DISTANCE OF 15 FEET TO A
POINT IN THE SOUTHWESTERLY BANK OF AN EXISTING CANAL; THENCE SOU`I'HEASTER1.,Y ALONG SAID
souTHWE'.STERLY BANK A DISTANCE OF 1 10 MORE OR LESS,,BACK TO THE,POINT OF BEGINNING.
Togedlerwith all the terieverils,hereditarnentsand appurtenances thereto belonging orinanywise:appertaining,
Subject to taxes ror 2022 and subsequent years, not yet due and payable,covenatils,resiricticris,eaSCriMilts,reservations and
limitatiotts of record, if any.
File No 22.09,392
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Doe.#2395634 Page Nuinbu: 2 of 2
TO "AVE AND TO U101,I)the same in fee simple lbrever.
And Grantor hereby covenant with the Grantee that the Grantor is lawfully seized of said land in fee simple,that Grantor
have food rirdir anirl lawful awhority to sell and convey said land and that the Gramor hereby FuHY warraot the title to said land and
wil I defend the same against the lawful clidnis of all persorrs whonisloever.
In Witness When-oof.Grantor have hcreunfo set Grantor's hand mid seal[lie day and year first above written,
Sigiul.
Paradise BOUPICC 111C.,a Florida NOt fOr?TL)fiI Corporation
E SS By: Occan L,,�goon Conservation LLC,i lklyoining lirnited
PRINT NAN4F: liability company., its sole Director
B
WITNF'SS antiger
PRINT NAME:,
rE OF FLORIDA
COLINTY OF I '
4,om�',
The forepiou instrument vwas ackilow1vilged belbre we by means of(0-41ical presence or online notarization this jr day or
Oclobcr,20-2-2,by, Tyson Passnicirt,as Managing Member of Ocean&Lagoon Conservation LLC,a WyC)jr$ijjg l'ill1ited LiabiliTy
Company its, snic direclor of Paradise Bounce Inc,of Ftorida Not For Prorit Corporation
Signalure ot'Notary Public State of r�oro,�
Joe A� C"''I P'�,Lwne ofNntary Print, Y 1) S I JH Ofj *a r),
Personally Known: OR Produced Wend rication:.1—
Type of Idenlific"111011
Nvarrully r)ctd
File No.,22-09-392 Nge 2 of 2
4423
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1/16/24, 12:39 PM Landmark Web Official Records Search
Doe#2395633 Bk#3199 Pg#224 Electronically Recorded 10125/2022 at 3:36.PM,Pages 2
Filed an(] Recorded in Official Records of MONROE COUNTY KEVIN MADOK
Electrunically)REC,$18.50 Deed Doe Stamp S24,115.00
Rim,_drLd ht ailLl Tvwm tor'
hliriam Nluillaho
Sunshine Luxur'v h0e Corp.
20801 flisevurelSrrulewacd
47
A eiflqjrfi.H_33 180
(305)684-9432
FiPe No 22-09-392
11,,pu6 Ah�,�0.F,I Fof ROWWLag Da.]
WARRANTY DEED
0'AIMORY FORM -SI"C ll()N 689.02JS)
Thig indenture made the ly (Jay of October,2072 betweeii Pirodisc.Routice Ini%,ji Floridn Not for Profit(.',orporAtion
I —
whose post orficeaddress is P.O. Box 420421,Sunjinerland Key,Fl.33042.<)1'111C COLInty0f V1011r0e, ',)'UdC0fFj0ridA,(irantOIT,to,
21600 Overseas 1-fighway LLC,a Florida Urnited Liability Company,whose post ofliw address is 7405 Miami Lakes Drwe,Miarni
Lakes, FL 33014.,of the County ofMiaini Dadc, Slate of Florida,Gaintee:
Witnesselh,that said Grantor,for and in consideration of the worn ofTFIN I)OLLARS(USS l0.00)and other.good and valuable
considerations to said Grantor in harId paid by said Grantee, the receipt Wiereof is hereby ackiiowledged,has granted,bargained,and
sold to the said Grantee. and Grawee's heirs and assigns forever, the following described land, situate, 1}iqg and being in Monroe,
Florida,to-wit:
LOT 16,SACARLMA,ACCORDING TO I HE PLAT THERE01"AS RECORDED IN PLAT BOOK 2,PAGE(S)48,OF-1-1-IL
PLIBI.AC RECORDS OF MONROE COUNTY, FLORIDA. A PARCEL OF LAND BEING PART OF `FHE AND
BEGINNING AT THE SOUTI-IWFS'l` CORNER Or i.crr 16, SACARNIA SUBDIVISION, CUDJOE KE.Y, MONROU
COUNTY, FLORIDA, T)IE POINT OF 13E(31NNING, THENCE SOUT", 184 FE1_"Ir0 A POIN F IN SACARMIA BAY,
THENCE EAS"I 31 FEET TO A POINT IN $ACARMA BAY,THE O NCENRTE 1184 IFF TO an SOUTHERLY LINE
OF ABOVE LOF 16,THENCE WEST')I FEET"T'OTI-IF POINT OF BEGINNING,
Together with all the tencnients,lnereditxrnents and appurtemances thereto belonging or In allyNVISQ appertwiling,
Subject(o taxes for 2022 and sul),sccluerik years,not yet due and payable;eoNenants,restrictions,easernews,rewryatimis and
limitations of record,irarry.
TO HAVE AND TO HOLD the same in 5cesirnple forever,
Amid Granter hereby covenant with the Grantee that the GranIoi :s lwvfudy seized of said land in fee simple,tha(Grantor
have good right and lawfullauthorhy to sell and convey,said hirid and that the Grantor hereby folly warrant(lie title w said land and
will defend the sanic against the lawful clainis of all persons Nflionisovver,
MurpnN Deed
File No.:22-dNAQ Page I of 2
https://or.monroe-clerk.com/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaBookPage&quickSearchSelection7# 4424
1/16/24, 12;39 PM Landmark Web Official Records Search
Doc.,#2395633 Page Nurnber: 2 of 2
Iii Witness Whereof,Grantor have hercunto set Gralli(v's hand mid send the day and year first above written.
Sko,lcld SCOIC'(tand delived'ed in our prvse;we�
Paradise Bounce Ine-a Florida Not fN-Profit Corporation
By: Ocean Lagoon Conservation LLC,a WV(Illlilrlg united
PRINT N A IM L',: C N habilay company, its sole Director
By
TC ana,,Li'�
WITNE SS v llt
-CA C'
PRINT N A IM E: ( %
STATE OF FLORMA
COUNTY OF
The foregoing iostrument-.vasneknowlQ61,ed before me [iy means of(4f,-YI'ival presence or utdinenotarization this day of
oclobm 2021 by TY501,Passmorc,as M�'irnaging Member of Oco,,-m& I,aguon Conservation a Wyoming Limited Uability
Company as ios sole director of P"Irld is(t Bc u lice Inc."I F 10 ri da Not For Profit:Corporati Cm
eNolary Pubfic oo, Nom ,�P 1011(c,�qA�L-Ap ol ryIofwa
6 A C,w
Siginflur M,
Frill, pe/81 R�Name ofiNotary u
Personally KirwW11: OR ProdLICed Identificat6m-
.........
Ty pe o f I dent i 11 calioll
File,Flo_22-00-3392 Page 2 of 2
4425
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I[:)etalil by IEE;iirvfl- Name
Florida Limited Liability Company
21660 OVERSEAS HIGHWAY LLC
Filling Information
Document Number L22000440546
FEI/EIN Number 92-0891245
Date Filed 10/12/2022
Effective Date 10/12/2022
State FL
Status ACTIVE
Last Event LC AMENDMENT
Event Date Filed 11/13/2023
Event Effective Date 09/28/2023
Principal Address
3951 SW 41 STREET
WEST PARK, FL 33023
Changed: 09/28/2023
Mailing Address
3951 SW 41 STREET
WEST PARK, FL 33023
Changed: 09/28/2023
Registered Agent Name&Address
DARMON, ORI
3951 SW 41 STREET
WEST PARK, FL 33023
Name Changed: 09/28/2023
Address Changed: 09/28/2023
Authorized Person(s) Detail
Name&Address
Title MGR
4427
DARMON, ORI
3951 SW 41 STREET
WEST PARK, FL 33023
Title MGR
Yosifon, Zvi
3951 SW 41 STREET
WEST PARK, FL 33023
Title AMBR
WEIL,AMIR
3951 SW 41 STREET
WEST PARK, FL 33023
Annual Reports
Report Year Filed Date
2023 09/28/2023
2024 03/05/2024
Document Images
03/05/2024--AI INU AII.REPOIRIF Vow uimma go uirn IPIDIF foinrna�
................
11/13/2023: I AirnoindirnoirA Vow iiimriago iiirn IPIDIF foinrna0
09/28/2023 RIBINSTATEIMENIF Vow uimmago in IPIDIF foinrna�
................
LO/1212022- F c Vow uimma go uirn IPIDIF foinrna�
................
4428
'93 SEP -3 P12 Po 8 0 15 13 Hcc 1 2 7 2 �AG[0 0 4 3 i
Li I i;l!' 19 CONSERVATION EASEMENT
MONRUf
STATE OF FLORIPA
co
COUNTY OF MONROE
KNOW ALL PERSONS BY THESE PRESENTS THAT in consideration for
the issuance of State of Florida Department of Environmental
Regulation permit number 11AJ o,4 954 s , ALAIN BERLIOZ (Grantor)
has granted to the State of Florida Department of Environmental
sad!'
Regulation, 2600 Blair Stone Road, Tallahassee, Florida (Grantee), °
a Conservation Easement in accordance with Section 704.06, Florida
Statutes, in and over the real property in Monroe County, Florida, 5M '
as set forth in the legal description and H.L. Overbeck survey
dated February 19, 1993, and attached hereto as Exhibit "A", f #
,
As used herein, the term Grantor shall include any successor tii' 7y
or assignee of the Grantor, and the term Grantee shall include any 4r`ya
successor or assignee of the Grantee. t +�
It is the purpose and intent of this Conservation Easement to
assure that the subject lands (with the exception of included ah
wetlands which are to be enhanced or created as specified in the
aforementioned permit) will be retained and maintained foreverrl
predominantly in the natural vegetative and hydrologic condition
existing at the time of execution of this Conservation Easement. JA
The included wetlands which are to be enhanced or created shall be
maintained forever in the enhanced or created conditions requireds
by the aforementioned permit,
to
• { + 'Is
4429
a 80 15 13 UC 1 Z ( Z PAuk0 0 4 4
Except for such specific activities as authorized pursuant to
i
Department of Environmental Regulation permit number 9 a oI9545 ,
�.
including, but Sot limited to, creation, enhancement and
maintenance of wetlands as specified mitigation in said permit and r
construction, maintenance and reconstruction of the properly
permitted fence as shown on Exhibit "A" hereto, the following
activities are prohibited on the property subject to this ' +=
Conservation Easements
x�
i. Construction or placing of buildings, roads, signs, „}
billboards or other advertising, utilities, or other r
structures on or above the ground, with the exception of
the properly permitted fence as shown on Exhibit A
hereto)
2. Dumping or placing of soil or other substances or Rk tr`f°' } 4 ,
P 9 P 9
material as landfill, or dumping or placing of trash, {
waste, or unsightly or offensive materials; U
, ds q
3. Removal or destruction of trees, shrubs, or other
vegetation including the trimming and/or alteration of rrrz frf J
g 9 g
exotic mangroV icplan t species vegetation;ecles as m exception
t and
a be required b Grantee•
4. Excavation, dredging or removal of loam, peat, gravel,
soil, rock or other material substance in such manner as
to affect the surface•
{I s w 0 s �
5. Surface use except for purposes that permit the land or a �x�S�� .water area to remain predominantly in its natural
I condition;
III 11 lf�n
6. Activities detrimental to drainage, flood control, waterz�t
conservation, erosion control, soil conservation, or fish v
and wildlife habitat preservation;
7. Acts or uses detrimental to such aforementioned retention ;Gry£ '�'
and maintenance of land or water areas; and
8. Acts or uses detrimental to the preservation of any � � `
features or aspects of the property having historical,
archaeological or cultural significance..
It is understood that the granting of this Conservation {�
2 S'bt
5 Z key
i ?hxY N
T
j ,w
4430
Y
;a 801 51 3 °Ec i 272 thGFQ (tt+ 5
Easement entitles the Grantee or its authorized representatives to
f enter the above-described land in a reasonable manner and at {
$ reasonable times to assure compliance.
The Grantor on behalf of itself and its successors or assigns
hereby agrees to bear all costs and liability relating to the +
operation and maintenance of the lands subject to this Conservation
Easement in the natural vegetative and hydrologic condition
i existing at the time of execution of this Conservation Easement,
i
including the maintenance of enhanced or created wetlands in the
vegetative and hydrologic condition required by the aforementioned
permit, and Grantor does hereby indemnify and hold harmless the
f n.
Grantee from same. The Conservation Easement hereby granted andpFi
Y ly
the obligation to retain and maintain the land forever
zj z �ra P
predominantly in the vegetative and hydrologic condition as herein
specified shall run with the land and shall be binding upon the
Grantor and its successors and assigns, and shall inure to the tc✓ �
benefit of the Grantee and its successors and assigns.
The terms and conditions of this Conservation Easement may be T >> h
a !M
enforced by the Grantee by injunctive relief and other appropriate � c
available remedies, and Grantor consents that venue For such
enforcement actions shall lie exclusively in the Circuit Court of
the Sixteenth Judicial Circuit, in Monroe County, Florida. In any �R�L '°
enforcement action in which the Grantee prevails, Grantee shall be ti g",
j entitled to recover reasonable attorneys fees and court costs in
ij-
,y
the trial and appellate courts, in addition to the cost of
restoring the land to the natural vegetative and hydrologic '
v«P
3 £�
t
' • MHO V T
4431
1 10, 01513 1272 PAU0046
condition existing at the time of execution of this Conservation ( ,
Easement or to the, vegetative and hydrologic condition required by
the aforementioned permit. These remedies are in addition to any
S other remedy
, fine or penalty which may be applicable under Chapter ,
403, Florida Statutes.
Any forbearance on behalf of the Grantee to exercise its
rights in the event of the failure of Grantor to comply with the
provisions of this Conservation Easement shall not be deemed or
construed to be a waiver of the Grantee's rights hereunder in the
event of any subsequent failure of the Grantor to comply.
These covenants shall be recorded in the Public Records of }
tk�
Monroe County, Florida.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand
and seal on this 3"A� day of `� , 1993. F�
1„xw
Signed, sealed and delivered z,Rs,§ a
in ou resence o
i Witness � GRANTOR
Witness GRANTOR
The foregoing instrument was acknowledged before me this 3°91 {f��no
day of 1993, by ALAIN BERLIOZ, who is personally y
known to me or produced ens as identification and who ,•.
did take an oath.
[Notary Seal] Notary Publics
State of Florida
Name: 'D&NN Mecrt �.
W=Mu=KWj Commission No.: eC 2s�y�1
1 22,JW My commission expires: a•a2.9 J-
PAU wimmm
fi
955\aoneeaam V-�c%��
X}
r
5
4432
I ;
i !
irr n n,nr n ! 7 4
13 REc 1 2 C rnu�0 4 r f
i
y k
DES OF 130UNDARY SURVCY.
Lot 16,' 5ACAtUlh, according to the Plat thereof as recorded in +�
{ Plat Boo), 2, Page 48, Public Records Of Monroe County, Florida.
f f 4'! `@ '
DESCRIPTION OF CONSERVATION CASEMENT: k { �
Chat Part of Lot 16, SACARMA+ as recorded in Plat Book 2,
n d�„
Page County, Florida and
48, Public Records of Monroe "x(�s
described as follows;COMML"•NCE atL•hee Cast tline of Lotheast r1Sf
said Lot 16 and ivn South along of the hereinafter
60 feet for a hint Of d; thence
described parcel of lands thenco S thence
S1"W,218.1 feet f,�tti
thence S 36'1ilfeetilthance feet
North�,el5efeetithencelWes�iS�'E, k
that West, e < ;
'17 feet; thence S10°44'3037,?31.804fe11ifeetict hence SSouth# VA-'A,
u
;r
112.27 feet; thence S 52� ;,
68.38 feel to a point on the Southerly line of Lot 16 of U
;
hence S 78"36'C, 32.15 feet toGasL linehofsLo corner b260 s�e
'Lot 16i thence North along , yg
Leol back to the Point Of: Beginning. F
,,,,,niuie«o.•c+. w.�}tec*«s4r�t�an. "� �` +
Subject to aFence Easement 40� co«ah.�dlsro �� i�
r#
,1 a
7
i
DESCRIPTION' OF FENCE EASEMENT:
-i Commence at the Northeast Corner of Lot 16 and run South
along the East Line of Lot 16,60 feet for the Point of
Beginning of the hereinafter described "FENC1; EASEMENTi
Thence continue along the East line of Lot 16, 33'feet�
Thence West feeL;Thence N10"44'30+'W,0.50 feed
Thence East 77.50 EeetiThence North,32.50 feetiThence
East,0.50 feet back to the Point Of Deg inning.
(See Legal Survey of
H.h, Overbeck dated
February 19, 1993
attached hereto) ,s
EXHIBIT A
�
5
�t 1�z
o
---- - — —4433
'a''s' r�36 w /ozdas A BOUNDARY SURVEY
� 5,1��'re x•1, PREPARED PORE
A.J. Berlioz
F,•P•7/4' Micheal Halpern[ Attorney,
DESCRIPTION OF 13OUNDARY SURVryl
•� ��� Lot 11, SACARHA, according to the Plat thoreoE ne rewrded in '
1, I Is;vt,A•'ai I Plot Book 2, Page 40, FUblie Records Of Monroe County, Florida.
w,ruw.rs �r
\
i ' ♦y. DE5C.RIPFION OF CONSERVATION EASEMEMTI t�
s 'Chet Part E Lot IG, SACARIM, as rocorded I.
Plat llook 2, ,
PagA401 Rlblic Race
rda O!Monroe County, Florida and
described as fol love{COHHENCE at the Northeast CornaY Of
j said Lot IG and nm south Along the East 11ne of Lob 16,
y, 60 coat for a Point Of Seglnning of the herainottar
described pnrcol of iandi thenco 5 76'55'51'•W,26.37 fa.tl W
S \ Ehence S]6'l3'14"W, 12.11 fast( thenco South, 10,17[soli l
N t y} thanca Woat, 31 laoGl thenco North, 15[soli thanca Wost{5"E,
W 17 Yootl thence Si D4470•E, 31..0 .at, thanca 9 5'5D
L•oT (Ce 1�^ 'C '� 112.27 feetl thanco a 64.97'25'E, 40.11 testl [home south,
I N F�` 6a.3tl fact to a point a the Southerly iine of Lot 16{
C :, thanca H 76•36'Gi 32.15 feet to Lho Southoaat Corner o[ n
tttr.lf.` 1 'Lot l6t thanco North along tNo Enet lino of Lot LG, 2G0 ,
fee[back to the fbint Of baglnnlnq. m0
k'Pr r! f eI Subject to aFence E.eamant
611.1 �y�' \\` !N L.T- 17 f V
POP
DESCRIPTION OF PENCE EASEMENTI
S PI�A� rFA fV Commonco at the Northaaot Corner of Lot 16 and run South CD
along the East Line or Lot 16,60 fast for thu Point of
tloq inntng of tho horoinaftor ds scribed "FENCE. EASEMENT"{
Thonco continue along the Ea at lino of Lot 16, 37 fasta If) { "� I Y,?
d f a4, ,l �n Thonco Wort,76:13 [aatlTh.aca N10'44'30"M,0,50 foatl con
\•� \ 1 •1 Thonco East 77.50 laat1Thonc0 North,32.50 faoWTheno.
< Esac,0.50 loot back to the Point Of roglnning• -1> �, h
' � 'ti�'I _�,D("r•rA•.AnArJ,acy y`tr��d � r 4 1�:�cl�.x"� �
e ti" T": n el
Si^ram- });ice'
^e•SSsi< Fgoo ay '.rmRAer ,/J*S,.^
fi a P�`�'�,, `\_`• "� a a Ay �ORR Suti3olan.sJal.L.iNK� 1�r ,?^{, }p Yob+A <i N•�f r•'• '• r•'t•j6•'cis y„�If N1Wau. E4`' F
1 0�'� �� Paa Pasco •w 1�i��,1♦IH MHO• I i1 Y "�
e 4'ti< r. ; ✓J.: II f:.F!•,a. tJ r.,.d L 6. , \ i +I x
O [ _ r J'.. e•..A..r.1.... R.0..nA � � �,��13r%•�q��`4��� I
at, KV(d� f�ba
Y
`'�`.. j3•r•� f I v\ {y '� � I ."'IIi iA�r.t. 01....7 fG
7
ai wt� g•3fo'41/ j02.015' �� .r.P•i.ti A,•ai s',f• J •.Yk
I 7i,t.I/
t flt
~�".=�y`a� . ,art'* 'r•
oi
+ a: a it
x
.1 r.to b.in vloo 7•ona �� �• '�
This Lot.PP•. d
vlih A Da+a t'. �•`ovation Of
wDor •gy,r_�•a•1.
N 1�t,S 119-1 l [oa
Tot•L a Lot to.97,64D.quen f•vc. v tl4ru!"1,100.q,tt,
Teta1 Cea to-tlll.d vlchln DrR Juri...4 b.n.i
Tst.l back alavacad and vlchout fill.incaA belay 465 sq.ic,laacrond.ry)
SeaYLYOq NOTP:S, Toc.l a[ea to b•AaraPed dove•1,210 q•[L. ) jtj
v th C.P No.1D 7a67 TALAI Prapoaed ronaorvatlan uu. t•11'572 a9•tt.
? .T,x.• +t Lrvn roe 1/�" 1 n ana • t1,344t8; 7vj
I l.x.•found Lren roe lteo.a+hiwmir,l Tacnl area In Yrapaaod w a•rvatlon o one lei erapoa dove a `•x
f.I.P.•R.-d Iron PIP.
t nail and dl+k No.Lb 7.6ram R•v,iaJ 4•.•1J� -3 .
t, F.N.D..found Li+ana di as or
,as „ J•S•It i r '� •Y•� d
"{ t •rightratn ln.right viY+ E�G'V".a""
r/v SRRII Y(CA.IeN, !' / r
:t 1 (Ilarabyy Cu[C1tY That Tht•SV Nay Woats Th•Mlnl wisa4V L[reant+ a�
{ r3�v clapna u ihovn Aua QyQjj NIP APe D.�p OC chant 7l•NII-6,Iletlda Adainiat t+tivo Coda, � ,•`cc=?
µl to +rql•+ Ya 90°unln•ppa° ASGvothiaryM does 9actio 477.637, Plorida statue+. ,kiwld 4.evrCDaC%
,�1rort Icu9h:"D11ih11oci1rEacua or Lldal
La*tnaary PCap•rtY i1n•a. iL,-_ds Ra9latarad Land SUNalor No,79lff
wxycY I.NOT r`y wllfa5-LED WITH A M1SFP .•cam oA 2•'_
eW055AD SEAL. t• ... r H,L,0V8RBEC1:• INC. ,,,a„a,iyc'a.•`^•+°`s ,r ,•
'rhoro sr o aDovo gionna a[.crooewoonta 2-i9-`t3 s N.AL nANaen mrzvc
l]46 el0'INC NrYr P3. t _—•--fl
that era not+boon, acel,l s,AyO d(9 ]]04]-1]9a (a051DI7-A319 l+ob HuaDoi,_`2✓Q t 1
f
4434
1
;. OFF 1272 gdo04g
30 15 13 �s
CERTIFICATION AS TO THE ABSENCE OF
MQRTGAGE, LIEN, OR OTHER ENCUMBRANCE
I�gin;N3,5411' hereby certify that the property described in +$
the [Conservation Easement/Declaration of Restrictions/Maintenance
Agreement) [Exhibit/Attachment "A" ), pursuant to the State of
Florida Department of Environmental Regulation permit number u .
954S ), is not encumbered by a mortgage, lien, or
[4 4 2
other encumbrance.
Before me personally apZpeme) to me known and known' toa; �
me to be the person whod the foregoing document, and ,acknowledged to and befhat (he)(s#eI ( t) executed the
same.
WITNESS my hand and official seal this day of Fe r1943 r` `
(seal) �
Notary Pu> Nuwlea� AA fosv 1•zlo
Con tM ski C
State of4o2(b�
My CommisPnwat
� r
r:
c
❑ �orJ 40 ° ii'ti���
}t to rt, (.49Crlii (p{U4' m
x
M MAW
74.
{ �ro
5 $ .
3
4435
Liz Yongue
From: Ballard-Lindsey <Balla rd-Lindsey@ Mon roeCou nty-FL.Gov>
Sent: Tuesday, February 18, 2025 8:20 AM
To: County Commissioners and Aides; Shillinger-Bob; Liz Yongue
Cc: Gomez-Krystal; Hurley-Christine; Schemper-Emily; Roberts-Michael; Morris-Peter
Subject: FW: Public Hearing on Feb. 19, 2025 Item Q2
Attachments: Conservation Easement 21660 Overseas Highway.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Categories: Orange Category
Good morning, please see the attached letter for the record. Thank you.
Sincerely,
Li�y�Ballard,
A e to Christine HvrLe�, Covot� Ac{odn str,2tor
-?,Vs�ness M,2n,29er - Ac{odn str,2tCon
1I00 Sintooton Street, Sv to 2-205
K.e� VVest, FL :2,:2,040
(305)292-444� (offiCe)
(:2,05):2,9:2,-4442 (ceLL Phone)
(305)292-4544 (FRX)
Courier Stop #!
@vKonroecokntW-:R.c.4ov
www.vKovq,roec,o
Monroe County, Florida
"The Florida Keys"
"We may encounter many defeats, but we must not be defeated."—Maya Angelou
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM TTtE
COUNTY 2E(�ARDINC7 COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON
REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
Please c.onsider the environrymit when
4�0 0 deciding whetl,ier to print this emaiL,,11
From: Barbara Von Harten <bvh5@yahoo.com>
Sent: Monday, February 17, 2025 2:45 PM
To: Ballard-Lindsey<Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Subject: Public Hearing on Feb. 19, 2025 Item Q2
You don't often get email from bvh.5@yahoo.com. Learn why this is important
CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Hello Lindsey,
I am requesting that the attached letter and a copy of the Conservation Easement on the
property located at 21660 Overseas Highway be provided to the Monroe County Planning
Commission regarding Public Hearing Item Q2. I would also like to speak at the Public Hearing.
To: Monroe County Planning Commission
Date: February 17, 2025
Re: Opposition to Change of Tier Designation due to Conservation Easement
From: Barbara Von Harten
President, Sunrise Beach HOA (adjacent properties)
This letter serves as notification that the Sunrise Beach HOA, comprised of 11 single family homes
located adjacent to 21660 Overseas Hwy, is opposed to allowing the amendment of the Tier
Overlay from Tier III-A to Tier III because there is a Conservation Easement on this property which
has already been ignored. The Conservation Easement, previously approved by Monroe County
on 3-3-93, states that "the purpose and intent was to assure that the subject lands will be
retained and maintained forever predominantly in the natural vegetative and hydrologic
condition existing at the time of execution of this Conservation Easement." This easement stated
that they would be maintained FOREVER in a natural condition.
The Conservation Easement specifically prohibits the construction of buildings, dumping of fill, or
the removal of vegetation or mangroves; however, over the past 10 years we have witnessed and
reported numerous activities that were done despite the existence of the easement. An
unpermitted boat storage structure was built, there was excavation of soil, and the dumping of fill
in low swampy areas, extensive removal of mangroves, and the creation of a road. These blatant
violations were reported to the appropriate agencies and have now finally ceased. The building
was removed and some replacement mangroves have been planted.
2
Allowing the change in Tier Designation may legitimize and encourage the continuance of these
inappropriate activities that are detrimental to the natural vegetation and habitat of these
lands. There is no compelling public interest to remove the conservation easement and cease the
preservation of the natural landscape and valuable ecological resources.
At the Public Hearing on January 15th, staff was not aware of the existence of this Conservation
Easement. I forwarded a copy of the easement to staff and have since confirmed the continued
existence of the Conservation Easement, as well as the Conservation Easement violations which
have occured, with the Environmental Administrator at the Florida Department of Environmental
Protection (FDEP). Michael Roberts has also been in contact with FDEP.
A property with a conservation easement in Monroe County, Florida, generally cannot be changed
from Tier 11-A to Tier III zoning classification as the conservation easement restricts development
and land use, often preventing any zoning changes that would allow for increased development
potential associated with a Tier III designation. It therefore defies logic as to why Monroe County
is considering such a move. Again, we are opposed to this application being approved for the
reasons stated above.
Regards,
Barbara Von Harten
President, Sunrise Beach HOA
21650 Overseas Highway
239-770-7604
v.h .. .. .. . .:. .! .
3
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L CES Cover Sheet
❑ Checked for Duplicate Document DM ID
Document Type: CONSERVATION EASEMENTS.
Date: I -.. . .. , � 3_• '-1993
Original Agency DISTRICT OFFICES
Section_ I 29
Township: I 66S
_Range: 1_ 28E
Total Area /Area Unit: _ i ___ I (A) AereaLe (S) Square Feet
County Book/Page /Type: MONROE B 1272 Pg 4.3 4
County Book/Page/Type: g p9 O
County/Instrument# L
Comments:
CONSERVATION EASEMENT #2
GRANTED BY: ALAIN BERLIOZ
RELATIVE TO DER PERMIT #442079545
DATE PREPPED: INVENTORY #:
8/20/2010 29983
SCAN BOX #
MAA'D For Rescan & Additional Pgs
The information on this page was collected during the prep phase of scanning and is an aid for data
entry_ Please refer to the document for actual information.
Stockwell, Connie
From. Miklus,Kathy
Sent: Wednesday,August 04,2010 3:37 PM
To. Stockwell, Connie
Subject; FW: (19) Monroe county--Points,without polygons
Attachments., Triad Equtty Corp 150101.pdf; Bay Hammock Land Corp 087447.pdf; Jordan George
108078 pdf;Rosean Harvey D 114256.pdf, Barrows Armando Ellen 124970.pdf;Ligman
Daniel V 125708.pdf; Ligman Daniel V 125709.pdf; Ligman Daniel V 125813_pdf;Wing A S
188617.pdf;full Mort Gay 190629.pdf;Forsell Ed 197400.pdf; Lopresti Jean 198588.pdf;
Hopkins aOX85. f; Greenwood Alfred 204186 pdf; Plno Antonio.lr 2C1279 pdf,
e of Alan J 20795 . ombrancc Robert 209925.pdf;Sager Bert 210816.pdf; Siska
Tffo—mas 204608.pat
Connie—here are 19 CETs sent by Ann Lazar which I will log-in as received today 8/412010.41 double checked and this
time I have not sent out duplicate emails.)•
Kathy Miklus
Planning Manager
Title and Land Records Sec#iw
Fla DEPIDivision State Lands/Bureau Survey and Mapping
Pl]#{850}245-2788 FAX#(850)245-2808
From; Lazar,Ann
Sent:Wednesday,July 28, 2010 2,52 PM
To: Miklus, Kathy
Sulbjed: FW: Monroe county--Points,without polygons
Hi Kathy,
Here are 19 more CEs in Monroe County.There are a couple of odd ones
Triad equity Corp 150101 is a deed restriction not a CE or a covenant that runs with the land.I do not know if you want
those.
Bay Hammock Land Corp 087447 looks like a CE to DER over submerged land.I don't think they can give a CE over state-
owned submerged land.
Hopkins Farrell 200686 and Pino Antonio 201279 both have two CE within thee pdf documents attached.
Ann
JUN 3 01994
'93 SEP -3- P12 tp0 8 0 15 13 c 1272 KH 0O
A N IS' f
'L'E K C!i? 's CONSERVATION BASEmicw
MONRO ::Q JW r i•
STATE OF FLORIIDA
COUNTY OF MONROE
KNOW ALL PERSONS BY THESE PRESENTS THAT in consideration soar
the issuance of State of Florida Department of Environmental
Regulation permit number q q 2 0-4 9 5 4 5' , ALAIN BERLIOZ (Grantor)
has granted to the State of Florida Department of Environmental
Regulation, 2600 Blair Stone Road, Tallahassee, Florida (Grantee) ,
a Conservation Easement in accordance with Section 704.06, Florida
Statutes, in and over the real property in Monroe County, Florida,
as set forth in the legal description and H.L. Overbeck survey
dated February 19, 1993, and attached hereto as Exhibit "A".
As used herein, the term Grantor shall include any successor
or assignee of the Grantor, and the term Grantee shall include any
successor or assignee of the Grantee.
It is the purpose and intent of this Conservation Easement to
assure that the subject lands (with the exception of included
wetlands which are to be enhanced or created as specified in the
aforementioned permit) will be retained and maintained forever
predominantly in the natural vegetative and hydrologic condition
existing at the time of execution of thisConservation Easement.
The included wetlands which are to be enhanced or created shall be
maintained forever in the enhanced or created conditions required
by the aforementioned permit.
JUN 3 0 1994
0.t,�'.aUuitt y��intl:d
i
80 15 13 REC 1272 PH10044
Except for subh specific activities as authorized pursuant to ,
Department of Environmental Regulation permit number i►12 4_ _ 54S ,
including, but kot limited to, creation, enhancement and
maintenance of wetlands as specified mitigation in said permit and
construction, maintenance and reconstruction of the properly
permitted fence as shown on Exhibit "A" hereto, the following
activities are prohibited on the property subject to this
Conservation Easement;
1. Construction, or placing of buildings, roads, signs,
billboards or other advertising, utilities, or other
structures on or above the ground, with the exception of
the properly permitted fence as shown on Exhibit A
hereto;
2. Dumping or placing of soil or other substances or
material as landfill, or dumping or placing of trash,
waste, or unsightly or offensive materials;
3. Removal or destruction of trees, shrubs, or other
vegetation including the trimming and/or alteration of
mangrove vegetation; with exception of nuisance and
exotic plant species as may be required by Grantee;
4. Excavation, dredging or removal of loam, peat, gravel,
soil, rock or other material substance in such manner as
to affect the surface;
5. Surface use except for purposes that permit the land or
water area to remain predominantly in its natural
condition;
6. Activities detrimental to drainage, flood control., water
conservation, erosion control, soil conservation, or fish
and wildlife habitat preservation;
7. Acts or uses detrimental to such aforementioned retention
and maintenance of land or water areas; and
B. Acts or uses detrimental to the preservation of any
features or aspects of the property having historical,
archaeological or cultural significance. .
It is understood that the granting of this Conservation
2
;FVW
V.t :Wuin woMWE
80 15 13 e1272PA90045
r
r
Easement entitles the Grantee or its authorized representatives to
u
enter the above-described land in a reasonable manner and at
F
4
reasonable times to assure compliance.
The Grantor on behalf of itself and its successors or assigns
hereby agrees to bear all costs and liability relating to the
operation and maintenance of the lands subject to this Conservation
Easement in the natural vegetative and hydrologic condition
existing at the time of execution of this Conservation Easement,
including the maintenance of enhanced or created wetlands in the
vegetative and hydrologic condition required by the aforementioned
permit, and Grantor does hereby indemnify and hold harmless the
Grantee from same. The Conservation Easement hereby granted and
the obligation to retain and maintain the land forever
predominantly in the vegetative and hydrologic condition as herein
specified shall run with the land and shall be binding upon the
Grantor and its successors and assigns, and shall inure to the
benefit of the Grantee and its successors and assigns.
The terms and Conditions of this Conservation Easement may be
enforced by the Grantee by injunctive relief and other appropriate
available remedies, and Grantor consents that venue for such
enforcement actions shall lie exclusively in the Circuit Court of
the Sixteenth Judicial Circuit, in Monroe County, Florida. In any
enforcement action in which the Grantee prevails, Grantee shall be
entitled to recover reasonable attorneys fees and court costs in
the trial and appellate courts, in addition to the cost of
restoring the land to the natural vegetative and hydrologic
3 "'dFR Qt
JUN 3 01994
�.t. Wvin vwlli !
80f513 REFIrZPARO040
condition existin7 at the time of execution of this Conservation
Easement or to the vegetative and hydrologic condition required by
_the aforementioned permit. These remedies ears in addition to any
other remedy, fine or penalty which may be applicable under Chapter
403, Florida Statutes.
Any forbearance on behalf of the Grantee to exercise its
rights in the event of the failure of Grantor to comply with the
provisions of this Conservation Easement shall not be deemed or
construed to be a waiver of the Grantee's rights hereunder in the
event of any subsequent failure of the Grantor to comply.
These covenants shall be recorded in the Public Records of
Monroe County, Florida.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand
and seal on this 3" / day of c , 1993.
Signed, sealed and delivered
in ou resence o
X
Witness GRANTOR
Witness GRANTOR
The foregoing instrument was acknowledged before me this S J/
day of 1 t t , 1993, by ALAIN BERLIOZ, who is personally
known to me or produced as identification and who
did take an oath.
(Notary Seal) Notary Public
State of Florida
T Name: v% tkt r"
'w��arseeq� Commission No. :_ P C s lot
s�tpv My commission expires: a. .qj:
95s�aoma.a.�
• JUN 3 01994
J&P 7vv€n U101 mul
8 G 15 13 REF 12 7 2 PAGIG 0 4 7
DESCRIPTION or BoUNDARY SURVEY:
Lot 16, SACARMA, according to the Plat thereof as recorded in
Plat Book 2, Page 48, Public Records Of Monroe County, Florida.
DESCRIPTfON OF CONSERVATION EASEMENT- -(
That Part of Lot 16, SACARMA, as recorded in Plat Book 2, fi U
Page48, Public Records of Monroe County, Florida and
described as follows;COMMENCE at the Northeast oorner of �
.said Lot 16 and run South along the East line of Lot 16,
'60 feet for a Point of Beginning of the hereinafter
described parcel of land; thence S 78°55'51"W,26.33 feet;
;thence S 36'13'14"x, 12.11 feet; thence South, 18.17 feet;
:thence Nest, 31 feet; thence North, 15 feet;thence West
'17 feet; thence S10644130"C, 31.80 feet; thence S 5'584'15"E,
112.27 feet; thence s S2'37'25"E, 40.11 feet; thence South,
168.38 feet to a point on the Southerly line of Lot 16;
thence S 78'361E, 32.15 feet to the Southeast Corner of
°Lot 16; thence North along the East line of lot 16, 260
feet back to the Point Of Beginning,
Subject to aFence Easement fet Co..1 ,4;a.4 �+{e•a.c, a. cep., s�t�t ;
DESCRIPTION OF PENCE EASEMENT:
Commence at. the Northeast Corner of Lot 16 and run South
along the East Line of vot 16,60 Feet for the Point of
Beginning of the hereinafter described "FENCE EASEMENT^;
Thence continue along the East line of Lot 16, 33 feet;
Thence West,78.15 feet;Thence Ni0°44'30"W,0.50 feet;
Thence East 77.50 feet;Thence North,32.50 feet;Thence
East,0.50 feet back to the Point Of Beginning,
(See legal Survey off
H.L. Overbeck dated
February 19, 1993
attached hereto) JUN 3 015S4
EXHIBIT A �. . Min u1,)1#1Ni
A BOUNDARY SURVEY
yt ZFAFW PQR3
Rare)y- A.J, 8orlioz
r!f , Micheal Halpern, Attorney.
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