Resolution 154-1994
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Planning Department
RESOLUTION NO. 154-1994 Z
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A RESOLUTION APPROVING A REVISED PLAT OF ~,'')?f:
GALLEON BAY, AUTHORIZING THE MAYOR TO_)::r:-
EXECUTE SAID REVISED PLAT, AND PROVID- :~;_-..:
ING FOR TRANSMITTAL OF SAID PLAT TO z '.-;:'
THE FLORIDA DEPARTMENT OF COMMUNITY~(
AFFAIRS. ~
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WHEREAS, on January 29, 1991 the Board of County Commission-
ers, by Resolution No. 022a-1991, approved a final plat to be
known as Galleon Bay Subdivision; and
WHEREAS, said final plat was recorded in the Monroe County
Records in Plat Book 7 Page 59; and
ly homes and an open space tract; and
WHEREAS, said plat created fourteen (14) lots of single fami-
WHEREAS, the Florida Department of Community Affairs, pursu-
ant to the authority of Section 380.07(2), Florida Statutes
of the final plat of Galleon Bay Subdivision; and
(l989), and Chapter 42-2, F.A.C. filed an appeal of the approval
WHEREAS, the appeal by the Florida Department of Community
Affairs was based on an interpretation of Monroe County Code that
the plat contained more lots then allowed by Monroe County Code
areas of the site; and
and said lots were not adequately clustered onto the disturbed
WHEREAS, the Florida Department of Community Affairs no long-
er believes that there are more lots then allowed by the Monroe
County Code but does believe that said lots should be further
clustered onto the disturbed areas of the property; and
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WHEREAS, the J5rQI?er,ty owners of ~a+l.eon Bay Corj>oi."ation, now
desires to respond to the appeal by revising said plat; and
WHEREAS, Galleon Bay Corporation has submitted a revised plat
with the fourteen (14) lots clustered onto the disturbed areas of
the property and with a larger open space tract; and
WHEREAS, the increased amount of open space furthers the
goals, objectives, and policies of the comprehensive plan of
Monroe County; and
WHEREAS, at the time the final plat of Galleon Bay Subdivi-
sion was approved by the Board of County Commissioners the county
did not anticipate the appeal of said plat due to the technical
issue of insufficient clustering; and
WHEREAS, the revised plat now submitted by Galleon Bay Corpo-
ration resolves the technical issues raised by the appeal by the
Florida Department of Community Affairs.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA THAT:
1. The mayor is hereby authorized to execute said revised
plat; and
2. The Monroe County Clerk is hereby direct to record the
executed plat in the Monroe County Records; and
3. The Monroe County Clerk is also hereby directed to for-
ward two (2) certified copies of this Resolution and two (2)
certified copies of said revised plat, when recorded, to the
Division of Growth Management; and
4. The Monroe County Division of Growth Management is di-
rected to forward one (1) certified copy of this Resolution and
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one (1) certified copy of said revised plat, when recorded, to
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the Department of Community Affairs.
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PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
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on the 21ST day of
APRIL
, A.D., 1994.
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Mayor London
Mayor Pro Tern Cheal
Commissioner Freeman
Commissioner Harvey
Commissioner Reich
YES
YES
YES
YES
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BOARD OF COUNTY COMMISSIONERS
OF NROE COUNTY, FLORIDA
( SEAL)
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MAYOR/CHAIRMAN
ATTEST: DANNY L. KOLHAGE, CLERK
BY: i1o..kLc.. Q ~{}4"l~
DEPUTY CLERK
APPROVEU AS IU . ,""
AND S FFICIENC'i
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",..rdtd In Of'fIcIal Records
.. MoIIIM County, Florida
fIllcord Vilified
DANNY L. KOLHll....',g
PGALEON. 34A/TXTDR Clerk Cirwit Court
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.94 MAY -4 P 3 :05
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~IONR~}{'::U'~;ti i y.~9,~SERVATION EASEMENT
STATE OF FLORIDA
COUNTY OF MONROE
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KNOW ALL MEN BY THESE PRESENTS THAT in consideration of the
sum of ten and no/100 dollars ($10.00) and other valuable
considerations, Galleon Bay Corporation (Grantor) has granted to
Monroe County, Florida (Grantee), a conservation easement In
accordance with Section 704.06, Florida Statutes (1989), in and
over the real property described as Tracts Band C of the Revised
Plat Galleon Gay, No Name Key, Monroe County, Florida, as shown 1n
the Revised Plat of Galleon Bay, which is attached hereto, and
situate in No Name Key, Monroe County, Florida, and as recorded in
OR Plat Book L, at page Ct,5', of the Public Records of Monroe
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county, Florida.
The term Grantor as used herein shall include any successor or
aseignee of the Grantor, and the term Grantee as used herein shall
include Monroe County, Florida, or any successor political
subdivision of the State of Florida county which is known as Monroe
County, Florida.
In accordance with Section 704.06, Florida Statutes (1989),
and the terms of this easement, the following activities are
prohibited on the subject property:
1. Construction or placing of buildings, roads, signs,
billboards or other advertising, utilities, or any other structures
837718
2tt 1305 i:AGEl 578
on or above the ground;
2. Dumping or placing ot Boil or other substances or
material as landfill, or dumping or placing of trash, waste, or
unsightly or offensive mater1als;
3. Removal or destruction of trees, shrubs, or any other
vegetation;
4. Excavation, dredging, or removal of loam, peat, gravel,
.oil, rock or other material substance in such manner as to affect
the surface;
5. Surface use except for purpose. that permit the land or
water area to remain 1n 1ts natural condition;
6. Activities detrimental to drainage, flood control, water
conservation, erosion control, 80il conservation, or fish and
wildlife habitat preservation;
7. Acts or uses detrimental to .uch retention of land or
water areas; and
8. Acts or uses detrimental to the preservation of the
structural integrity or physical appearance ot site. or properties
ot historical, architectural, archaeological or cultural
significance.
It is understood that the granting of this Conservation
Easement entitles the Grantee or its authorized representatives to
enter the above-described land upon not les. than forty-eight (48)
hours advance written notice by certified mail to the Grantor to
..sure compliance.
It 18 the purpose of this easement to assure that the lands
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subject to the easement will be maintained forever in the present
natural vegetative and hydrologic condition existing at the time of
U8X8cution of this conveyance.
The Conservation Easement hereby granted and the obligation to
maintain the land forever predominantly in the natural vegetative
and hydrologic condition existing at the time of execution of the
conservation easement 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.
Grantor agrees that the terms and conditions of this
conservation easement may be enforced by the Grantee upon written
notice to Grantor, by certified mail, to the Grantor stating
specific violations and giving Grantor sixty (60) days grace period
during which Grantor shall cure said violations. Only after the
sixty (60) day grace period has elapsed and in the event Grantee
has failed to cure said violations, shall Grant.e be entitled to
seek injunctive relief and other appropriate available remedies.
Grantor consents that venue for such enforcement actions shall
l1e exclusively in the Circuit Court of the Sixteenth Judicial
Circuit, in Monroe County, Florida.
Any forbearance on behalf of the Grantee to exercise its
rights in the event of the failure 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. The Grantee staff may
enter the property upon not less than forty-eight (48) hours
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advance written notice by certified mail to Grantor to ensure
compliance with this conservation easement.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's har.d
and seal this ~ day of April, 1994.
Signed, sealed and delivered
in the presence of:
(Corporate Seal)
Attest:
4\s~ \..I'<L \.l.~
By: annelore X. Schleu
Secretary
STATE OF FLORIDA
COUNTY OF MONROE
By:
The foregoing Instrument was acknowledged betore me this ___
day ot April, 1994, by vivienne Schleu and Hannelore K. Schleu, as
President and Secretary, respectivelY, of Galleon Bay Corporation,
on behalf of the corpO,rati~. They are personally known to me or
have produced ~C1)f\uC~Li'- n...DrLlL.- as identification and who cH.d-
[~id not,) take an oat. I
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Micha.l "lpe~Q, '.A.
201 Da".l .U_t. .
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, S~~'Of Florida
k.- T Lyn.<-h
Commission No.1
My commission expires:
Notary hbRt. S~ .f Florid..
., Cllnl~ !.'tflr.. Cd. 15, 199t
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837719
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DECLARATION OF RESTRICTIONS
KNOW ALL MEN BY THESE PRESENTS, that GALLEON BAY CORPORATION,
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a corporation organized and existing under the laws of the State of
Florida, the owner in fee simple of the following described land,
situate, lying and being in the County of Monroe, State of Florida,
to-wit:
Lots 1 to 14, Tracts A, S, C and D of the Revised Plat of
GALLEON BAY, a subdivision of the West six hundred and ninety five
(695) feet of Government Lot 1, Section 18, Township 66 South,
Range 30 East, No Name Key, Monroe county, Florida AND
A portion of Government Lot 3, Section 18, Township 66 South,
in the office of
as per the
at page (t; 5
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the Clerk of the Circuit court 1n and for Monroe
Range 30 East, No Name Key, Monroe County, Florida,
Revised Plat of GALLEON BAY, recorded in Plat Book ~,
county, Florida.
HEREBY MAKE and following declarations as to limitations,
restrictions and uses to which the said lands above described may
be put, hereby specifying that said declarations shall constitute
covenants to run with the lands as provided by law, and shall be
binding on all parties and persons hereafter acquiring any right,
title, or interest in and to the lands above described, or any part
thereof, this declaration being for the benefit of and in
limitation upon all future owners of and on lands as above
herein.pecified, that is to say:
1. Lots 1 through 6 of the lands above
of ~eeping the said
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use~a~d purpo8~s as
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described and being designed for the purpose
lands desirable, uniform and suitable for the
837719
be subdivided for any cause whatsoever.
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A residential site on Lots
1 through 6 of the lands above described may consist of one or more
lots of 1 through 6.
2. On lots 7 through 14 of the lands above described, a
residential site may consist of one or more lots, or one lot and a
fraction.
3. No residence shall be built on any lot which is less in
size than the lot dimensions as shown on the Revised Plat of
Galleon Bay, No Name Key, Monroe county, Florida, recorded in Plat
Book _, at page _ in the Public Records of Monroe county,
Florida.
4. No one or more of said lots shall be used except for
single family residential purposes and for those uses permitted
under the "Commercial Fishing Village" (CFV) zoning designation of
the Monroe county, Florida, Land Use Regulations, Volume III
adopted February 28, 1986, and effective September 18, 1986.
5. Tract Band C of the lands above described, shall be
forever maintained by all present and future owners as open space,
undisturbed from the ground to the sky, tor purposes of providing
wildlife habitat and environmental conservation.
6. No perimeter fencing of any type shall be permitted upon
any of said lots of the lands above described.
7. No dogs of any kind shall be raised, bred, kept, or
maintained on any of said lots or tracts of the lands above
described.
8. No free-ranging, predatory household pets shall be
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REC I oJ J l'Mit
raised, bred, kept or maintained on any of said lots or tracts of
the lands above described.
9. Nothing shall be done on any lot which may be, or become
an annoyance or nuisance to the neighborhood. No horses, cattle,
goats, swine or fowl shall be kept on any lot or tract.
10. No house trailers may be parked upon said land nor used
as living quarters thereon. No building shall be moved upon said
land for use as temporary living quarters.
11. Present and future owners of Lots 1 through 14 shall
maintain a minimum of eixty percent (60') open space ratio (OSR)
upon each and every lot of the above described land. "Open space
Ratio'l (OSR) means the percentage of the total gross area of a
parcel that is open space. "Open Space" means any portion of a
parcel or area of land or water which is open and unobstructed form
the ground to the sky, including areas maintained in a natural and
undisturbed character. Open space shall not include water below
the mean high-water line, or areas covered with buildings,
sidewalks, patios, parking areas, drives or other paved areas, but
the area of land under docks piers and elevated walkways and fifty
percent (sot) of areas paved with permeable material shall be
considered open space.
12. There shall be a minimum set bank for all residences of
2~ feet from any street, 20 feet from the lake, identified as Tract
A on the recorded Revised Plat, and 7 teet from any adjoining
property line.
13. Ea.ements are reserved for service utillt188 or tor
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drainage or for shared driveway purposes or for walking ingress and
egress on the recorded Revised Plat; no construction or plantings
shall interfere with such easement rights.
14. Remedies for Violation: In the event of any violation or
breach of any of these restrictions by any person, or concern
claiming by, through or under the subdivider, or by virtue of any
judicial proceedings, the subdivider, and the owners of lots in the
subdivision or Monroe County, or its Agents, or any of them
jointly, severally or individually shall have the right to proceed
at law (including code enforcement actions) or in equity to comp91
a compliance with the terms hereof or to prevent the violation or
breach of any of them, and shall be entitled to recover such costs,
attorney's fees and damages as may be adjudicated in such action.
In addition to the foregoing right, the subdivider shall have the
right, whenever there shall have been built on any lot in the
.ubdivision any structure which i8 in violation of these
restrictions, to enter upon the property where such violation
exists and summarily abate or remove the same at the expense of the
owner, and such entry and abatement shall not be deemed a trespass.
The failure to enforce any right, reservation, restriction or
condition ~ontalned herein, however long continued, shall not bar
or affect its enforcement. The invalidl!ltion by any court of any of
the restrictions covering this land shall in no way affect any of
the other restrictions but they shall remain in full force and
effect.
15. Duration of Restrict~ons:
The above and foregoing
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