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Resolution 174-1994 Planning Department RESOLUTION NO. 174-1994 A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE MAYOR TO EXECUTE, ON BEHALF OF MONROE COUNTY, AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, COCONUT GROVE PAR~~ TRUST, WILLIAM MANWARING WILSON AND MONRO~ COUNTY CONCERNING LOT 42, MILE MARKER 1006c;~ U. S. 1, KEY LARGO, UNINCORPORATED MONROE::..:'~ COUNTY, FLORIDA 253 \('j -rr A - ,.,., C- \.:) := '..,., , 0 - .:r::' ,....... "'l ::u :l::> ."T'] \0 c-:; .. a i. ~, ::u Manwo.y lng'::1 WHEREAS, Coconut Grove Park Trustee and William Wilson are the owners of real property described as: Lot 42, mile marker 100, U.S.1, Key Largo, unincorporated Monroe County, Florida; and WHEREAS, William Wilson is also the general contractor (here- in IIdeveloperll) for the development on the above-described proper- ty; and WHEREAS, the developer applied for a building permit to con- struct an addition to a commercial building on the above-refer- enced lot; and WHEREAS, on February 18, 1994, the Monroe County Building Department issued building permit No. 9330011968 to the developer for the construction of an addition to a commercial building; and WHEREAS, on April 8, 1994, the Florida Department of Community Affairs (herein IIDCAII) appealed building permit No. 9330011968, alleging that the site plan did not comply with appli- cable provisions of the Monroe County land development regula- tions; and WHEREAS, the DCA, Coconut Grove Park Trust and Mr. Wilson wish to resolve the pending appeal and to make Monroe County a party to the Settlement Agreement; and WHEREAS, Mr. Wilson, Coconut Grove Park Trust, the DCA and Monroe County agree to the following: 1. All access to U.S.l from the property shall be prohibited. The plans for the project will be amended to delete any curb cuts on U.S.l to the property and the developer shall gain ingress and egress to the property other than from U.S.l, consistent with all applicable codes and ordinances. However, in the future, the developer may apply for curb cuts on U.S. 1 if the Monroe County Land Development Regulations are amended to allow such curb cuts; and 2. The developer shall submit an application to Monroe County for a revised site plan and building permit consistent with the Settlement Agreement. Monroe County shall amend the development order to make approval of the development on the property contin- gent upon compliance with the provisions set forth in the Settle- ment Agreement. Monroe County agrees to consider to amend the development order; and 3. Monroe County shall not issue any additional development orders to the property until this appeal is dismissed; and 4. The developer shall submit revised site plans to the DCA field office for review and approval prior to seeking modifica- tion of the development order reflecting the terms of the settlement agreement; and WHEREAS, the staff report by Lorenzo Aghemo, Director of Planning, found that the agreement between the Florida Department of Community Affairs, Coconut Grove Park Trust, William Wilson and Monroe County complies with the Monroe County Land Develop- ment Regulations; and WHEREAS, the Director of Planning and the planning staff consider the agreement to be in the public health, safety and welfare; and WHEREAS, therefore, the staff report by Lorenzo Aghemo, Director of Planning, recommends approval of the agreement and recommends that the Board of County Commissioners authorize the Mayor to execute the agreement between the Florida Department of Community Affairs, Coconut Grove Park Trust and William Wilson; so therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: The Board of Commissioners of Monroe County, Florida, agrees with the recommendation of the Director of Planning that the execution of this agreement would be in the best inter- ests of the citizens of Monroe County; and Therefore, that the Mayor is hereby authorized to execute the agreement between the Florida Department of Community Affairs, Monroe County, Coconut Grove Trust and William Wilson , a copy of said agreement is attached hereto and incorporated by reference; and That the Clerk of the Board is hereby directed to forward three certified copies of the agreement to the Division of Growth Management. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16TH day of JUNE , A.D., 1994. Mayor London YES Mayor Pro Tern Cheal YES Commissioner Freeman YES Commissioner Harvey YES Commissioner Reich YES BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~ ( SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BY, ~~Ja+JJ)e.. DEPU CLE K . )Y STATE OF FLORIDA LAND AND WATER ADJUDICATORY COMMISSION DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. Case No. APP-94-031 COCONUT GROVE PARK TRUSTEE, WILLIAM MANWARING WILSON, and MONROE COUNTY, Respondent. / SETTLEMENT AGREEMENT This Agreement is entered into between COCONUT GROVE PARK TRUSTEE, WILLIAM MANWARING WILSON, the property owner and general contractor (herein "DEVELOPER"), the DEPARTMENT OF COMMUNITY AFFAIRS (herein "the Department"), an agency of the State of Florida, and MONROE COUNTY, a political subdivision of the State of Florida. WHEREAS, Coconut Grove Park Trustee and William Manwaring Wilson, are the owners of real property located at lot 42, mile marker 100, U.S. 1, in unincorporated Monroe County, Florida, more particularly described on legal description attached and incorporated herein as exhibit A (hereinafter referred to as the Property); and WHEREAS, on February 18, 1994, Monroe County issued to the Developer, as owner and general contractor, a building permit, ~53C:>C>1' Cj CS>~ numbered ~3001960, for construction of a commercial addition on the Property; and WHEREAS, on April 8, 1994, the Department timely appealed the building permit to the Florida Land and Water Adjudicatory Commission, alleging that the permit was not in compliance with applicable provisions of the Monroe County Land Development Regulations and Comprehensive Plan; and WHEREAS, most of Monroe County, including the subject property, is located within the Florida Keys Area of critical State Concern, as designed under Sections 380.05 and 380.0552, Florida Statutes; and WHEREAS, the Department is the state land planning agency with the duty and responsibility of administering and enforcing the provisions of Chapter 380, Florida Statutes, The Florida Environmental Land and Water Management Act of 1972 (the "Act") and the rules and regulations promulgated thereunder, which include the Monroe County land development regulations and comprehensive plan; and WHEREAS, pursuant to Section 380.032(3), Florida Statutes, the Department is authorized to enter into agreements with any landowner, developer, or governmental agency as may be necessary to effectuate the provisions and purposes of the Act or any rules promulgated thereunder; and WHEREAS, the parties wish to avoid the expense and delay of lengthy litigation and resolve the pending appeal under terms set forth herein, which said terms effectuate the provisions and purposes of the Act, and it is in their best interests to do so; and WHEREAS, Monroe County joins in this settle~ent agreement for the purpose of implementing and enforcing same; and 2 ,tJ:>; NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein, and in consideration of the benefits to accrue to each of the parties, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. ReDresentations. All representations contained above are incorporated herein are essential elements hereof. 2. Modifications to DeveloDment Order. All access to u.s. 1 from the Property shall be prohibited. The plans for the project will be amended to delete any curb cuts on U.S. 1 to the Property, and the Developer shall gain ingress and egress to the Property other than from U.S. 1 consistent with all applicable codes and ordinances. However, in the future, the Developer may apply for curb cuts if the Monroe County Land Development Regulations are amended to allow for such curb cuts. 3. Amendment to DeveloDment Order. The Developer shall submit an application to Monroe County for a revised site plan and building permit consistent with this agreement. The Department and the Developer hereby request that Monroe County amend the development order under appeal to make approval of and development on the Property contingent upon compliance with the provisions set forth herein. The County agrees to consider such amendment. The County shall not issue any additional development orders for the Property until this appeal is dismissed. 4. Revised site Plans. Developer shall submit revised site plans to the Department's field office for review and 3 approval prior to seeking modification of the development order reflecting the terms of settlement contained herein. 5. Further Proceedinqs. If Monroe County grants the application for revised site plans described above, with only those revisions, within 15 working days of receipt of said amendments to the development order rendered in accordance with Fla. Admin. Rule 9J-1, the Department will file a Motion for Entry of a Final Order of Dismissal consistent with this Agreement, dismissing this appeal with prejudice. 6. Entiretv of Aqreement. The parties further agree that this Settlement Agreement contains the entire and exclusive understanding and agreement among the parties and may not be modified in any manner except by an instrument in writing and signed by the parties. 7. Future development. Any additional development on this Property shall be subject to agency review for compliance with all applicable statutes and regulations. 8. Retention of Riqht to Final Hearinq; Enforcement of Aqreement. Time is of the essence in this agreement. Each party to this agreement retains the right to have a final hearing in this proceeding in the event of a breach of this agreement, or if this agreement is based upon materially false or inaccurate information, or if the local government will not issue the development order contemplated by this agreement. Nothing in this agreement is deemed a waiver of such right. The Department or any other party may move to have this matter set for final 4 ".'.,;1'" hearing if it becomes apparent that any other party whose action is required by this agreement is not proceeding in good faith. After these proceedings are concluded, this agreement may be enforced by any party as provided in Chapter 380, Fla. stat. (1993), or as otherwise provided by law. 9. Effective Date of Aqreement. The effective date of this Agreement is the date on which the Florida Land and Water Adjudicatory Commission enters an order approving this Agreement and concluding this appeal. 10. DUDlicate Oriqinals. This Settlement Agreement may be executed in any number of originals, all of which evidence one agreement, and only one of which need be produced for any purpose. 11. Recordation of Aqreement. This Agreement is intended to and shall create a covenant running with the land and shall bind all parties, their success~rs and assigns. within one (1) week after entry of an order by the Florida Land and Water Adjudicatory Commission concluding this appeal, the Developer shall record th~s Agreement in the public records of Monroe County, Florida, and shall provide proof of recordation to the Department, including the official records book and page where this Agreement is recorded. 12. ScoDe of Authority. This Agreement affects the rights and obligations of the parties under Chapter 380, Florida Statutes, with regards to the development order under appeal. It is not intended to influence or determine the authority or 5 decisions of any other state or local government or agency in issuance of any other permits or approvals that might be required by state law or local o~dinance for any development authorized by this Agreement, or restrict the Department's authority with regard to future development orders for the Property. It is not intended to limit the authority of the Department with regard to any development other than the current project which is the subject of this case. 13. Release: Costs and Attornevs Fees. Each party hereto releases the other from any and all claims or demands arising out of the subject permit appeal. Each party shall bear its own costs and attorney fees incurred in connection with this proceeding. 14. Entiretv of Agreement. This Agreement constitutes the entire agreement of the parties. This Agreement may be modified or amended only by a separate writing entered into between the parties hereto and recorded in the public records of Monroe County as provided above. IN WITNESS WHEREOF, the parties have executed this Agreement on written. Witnesses: gc.[ (l, V)(a/c,h~ v ~ witnesses:~/tJ ~ 6 STATE OF FLORIDA COUNTY OF MONROE . . _\)> The foregoing instrument was ack~owledged befo~\\~~:l;1is ~ day of \\\\" d ' 1994, bY~\.\\'',..~\\\\\'\(j 'Wfl6 l.S /personally known t me, or-who l~as po _____- --------.--.---as- identificat~ and who ~ (did not) take an oath. ( \ ~ '-~ '. ,~F' ~C:! .- - ,. (' 'J.-_ t~r}.. .'_ Notary PUDlic c,- C'0: ~s:-\.~~'-\~ Pr int Name: (' C'}... 'If"') \, \:: '\)" ~:~ My Commission Expires: ~JtJ2 : .,p By: . W~ WILLIAM MANWARING WILSON Owner/General Contractor C6C02\lc'<:oS ---. NOTARY Fliruc; STATE OF FL~,::DA Af LAR()' t.',y (O~"lftl~~::or-: D;"llES MA~CH 30, 1995 EONliW lHHU AG.:,:T', .:::H',:':Y BRO:~~.lA~ Witnesses~ (f!Jfl-fV?h Witnesses: t;?~, ~ STATE OF FLORIDA COUNTY OF MONROE . ,-\\\,The foregoing instrument was acknowledged befor~ me tl;1is ~ day of ",\ \ \". 'I ' 1994, bY~~:v;~'\~P\"'{\r'~r\t}v...)\ ~o l.S personally known tolme, 01:' \lhe=ha.. pred~ced-- .. as i.Q.eMiri""'Q1::4.en-and who ~- (did not) take an oath. ~ \\ ,.- ,Q... ,.,~ \: ) -\:.j" Notary Publl.c Print Name: C.. My Commission Expires: ,," r,O fi.C?,:,DIl. A.T L,..i'.G' I~~::~~~ ~';:':;\::f~ :';';:'~~:;' :~~~~~~\1~O~ :~;:'~0' 7 MONROE COUNTY, a political subdivision of the state of Florida By: Jack London, Mayor witnesses: witnesses: (SEAL) Attest: DANNY L. KO~GE, Clerk By: DEPARTMENT OF COMMUNITY AFFAIRS An Agency of the State of Florida Date: By: Charles Pattison, Director Division of Resource Planning and Management STATE OF FLORIDA COUNTY OF LEON The foregoing day of -r-- 1S personally known instrument was acknowledged before me this , 1994, by , who to me, or who has produced as identification and who did (did not) take an oath. Notary Public Print Name: My Commission Expires: BY A:\coconut.set 8 ...} t,..' ..J ~~ ..} ~ MA.R~ I'RCPtRTIC:S PAGe ~2 ,. ... 1 RO' T nRirlTlT.JObJ , A PARCBL OF LAND IN SECTION 28. TOWNSHIP 61 SOUTH, &ANOI! 39 BAST ON KEY LARGO MONROE. COUNTY, FLORIDA, SAID PARCEL OF LAND COMPRJ~INC'i A 50.00 FEET X 3S1.16 FEST STRIP OF EXISTING RIGHT-OP-WAY OP STATE ROAD NUMaER 5, (U.S. InOHWAY 1)., SAID PARCIU., BIIING A PORTION OF MODBL LAND COMPANY WT 42, SECTION 28. TOWNSHIP 61, SOT lTIi RJ\NOli 39 lUST ON KEY LAROO L YlNG NORTHW!ST.elU. Y' U~ ~ORMER FLORIDA EAST COAST RAILWAY ACCORDING TO TIm PLAT Tl-JERHOF RECORDBD IN PLAT BOOK 1 AT PAGE 68 OF nUl PUBUC RECORDS OP MONROE COUNTY, FLORIDA, SAID PARCBL OF LAND BBING MORli PAAnCULAlu.. Y DDSCRlBED AS 2'OLLO'wS: COMMENCING AT THE NORTHWEST CORNnR OF THE SAID LOT 42 RUN N 810 23 · 21' "B ALONG THE NORm LINE OF TIm SAD> LOT 42 FOR 270.24 FEET 1'0 l'HB NQRTIlWESTBRL Y RlGHT.OP..WAY LINE OF' STArn ROAD NUMBER S. (U.S. mGHWA Y J), 'IHE SAME BRING 'rHB POINT OF BEGINNING OP nm HElWINDBSCRlBBD PARCEL OF LAND FROM THE SAID POINT OP BEGINNINO RUN S. 4So 19'.4S" W ALONG 1'.Ii2 SAlDRIGHT..OF..WAYLINB POR 351.16 FEET; ntENCE RUN S 44~ 40' 4S" B ALONG A SOUTHEASTERLY PkOLONGATION OP THE NORTImASTBRLY SIDB OF SUNSBT BOULEVARD FOR 50.00 FEET: rnBNCn RUN N 4So 19' U" B PARALLEL TO TIm SAID RIGHT..OP..W A Y LlNB FOR 3$1,16 FBBl'; THENCE RUN N 441l 40' 45'1 W FOil ~O.OO PEET TO nIB POINT OF BEGINNING. CONTAINING 17,SS8 SQUARE PlmT MORE OR LBSS~.40 ACRE MORE OR LESs. BBAlUNOS HEREIN ABOVE MENTIONBD ARE DERlVBD FROM ASSUMING A NORTH-SOUTH DIRECTION FOR THH BAS'!" LINE OF LOT 38. SECTION 28, 'rOWNSHlP 61 SOUTH, RANGB 39 EAST OP TIm SAID MODEL LAND COMPANY PLAT ltECORDED IN PLAT BOOK 1 AT PAGE 68 OF nm SAID PUBLIC RBCORDS. DBSCRlPTlON A PAIlcm, OF LAND IN SECTION 28. TOWNSHIP 61 SOtrrH. RANGE 39 BAST ON KEY LARGO. MONROE COUNTY. PLOlUDA, SAD> PARCEL DINO A PORTION OF Tlm PART OF LOT 42 LYING NORTHBRL Y OF THE FOkMER FLOlUDA BAST COAST RAlLWAY AS SHOWN ON THE MODEL LAND COMPANY l'LAT ( SURVEYED BY P,p, lENKJNS) AND RECORDED IN PLAT BOO~ 1 AT PAGE 68 OF TliE PUBLIC RECORDS OF MONROB COUNTY. FLOJUD~ SAID PARca ALSO BEING SHOWN ON PLAT 01' BUlTOWWOOD SHORES, PLAT BOOK 3 AT P AGJ:! 3 OF SAID PUBLIC RECORDS AS ""THlS TAAcr JS NOT A PART OF THIS PLArl, SAlD PARCBL BBINO MORn PARTICULARLY DBSCRlBED As FOLLOWS: BBG1NNING AT nm -""',~l'- ,- . "" ._,..0-.... '," ,\.".\.;-.;.~,:,,~.....;~_' '_".. ~"., ._ 4--- . \'_ '-'''-.N "",,,-,/J.. -'.J"t .L ,",ii J..,:J jlJ~4:"'l1~L;'jS MARR rKlFCRTICS PAEE 03 ~ -4 NO~TI-IWEST CORNER OF TIm SAD> LOT 42 RUN N 880 23- 28" B ALONF THE N LINE OF TIm SAID LOT 42 FOR 270.24 FEl!T TO 'I'HE NORTl-IWBS~ Y RlGHT.OF-WAYLINE OF S'l'Al'.t! ROAD NO. 5, (U.S. mOHWAYNO. 1); THENCE RUN S 451/19' IS" W ALONGTHB SAID RIOHT..OF..WAY LlNBFOR 3SI.l6FF.BT; THENCE R.UN N 44"40' 4~tI W ALONG THE NOR1HEASTBRL Y SIDE OF SUNSET BOULEVARD FOR 29.Z7 J7BBTj nmNCB R~ N 00 02' 081t B ALONQ TIm WEST J...lNE OF THE SAID LOT 42 AND ALONG THE EAST SIDE OF EAST SHORE DRIVE FOR 218.5J FEET TO 'fHB POINT OF BEGINNING. BEARING FmREINAOOVE MENTIONED ARB DElUVED FROM ASSUMING A NORrn..SOtrrH DIRECTION FOR THE EAST LINE OF LOT 38, SBC. 28-61-39 OF 'I'HE SAID PLAT DOOK I, PAGB 68,