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04/20/2005 Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: April 22, 2005 TO: Richard Collins County Attorney FROM: Kathy Peters Executive Assistant Pamela G. Ha--~ Deputy Clerk '0 ATTN: At the April 20, 2005, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: First Amendment to Professional Services Contract between Monroe County and Thomas D. Wright for legal services retroactive to March 1, 2005, amending the Contract to provide both a flat monthly rate and an additional rate for services rendered which exceed two (2) full days in any month. Enclosed is a copy for your handling. Settlement Agreement in Code Enforcement Lien in Monroe County v. Spiridon E. Pitsoulakis and Olga Pitsoulakis, Case No. CE04030202. Enclosed is the original Settlement Agreement for your handling. Settlement Agreement in Code Enforcement Lien in Monroe County v. I1uminada Galvan, Case No. CE03050209. Enclosed is the original Settlement Agreement for your handling. Settlement Agreement in Code Enforcement Lien in Monroe County v. Richard P. & Marie H. Geranian, Case No. CE03ii 0054. Enclosed is the original Settlement Agreement for your handling. Settlement Agreement in Code Enforcement Lien in Monroe County v. Itnor Corporation, Case No. CE03050208. Enclosed is the original Settlement Agreement for your handling. / Grant of Conservation Easement between Monroe County and Islamorada, Village of Islands for Old Mariner's Hospital and rescission of the Grant of Conservation Easement approved by the Board on February 23, 2005. Enclosed are two duplicate originals/or return to the Village of Islamorada as requested by their attorney. Also, our office is recording this document as directed in Section ii. Recordation. This will be returned to our office once processed Should you have any questions please do not hesitate to contact this office. cc: Finance File I Doc~ 1511208 04/22/2005 11:04AM Filed & Recorded in Official Records of MONROE COUNTY DANNY L. KOLHAGE This instmment prepared by: Lillian Arango de la Hoz, Esq. Weiss Serota Helfman Pastoriza Guedes Cole & Boniske, P.A. 2665 South Bayshore Drive, Suite 420 Miami, FL 33133 Dod 1511208 Bk~ 2106 Pg~ 1965 After recording return to: Islamorada, Village of Islands 87000 Overseas Highway Islamorada, FL 33036 Real Estate No. 00419430-000000 IY. GRANT OF CONSERVATION EASEMENT THIS GRANT OF CONSERVATION EASEMENT (this "Easement") is given this 20th day of April, 2005, by Board of County Commissioners of Monroe County, Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 (the "Grantor"), to the ISLAMORADA, vaLAGE OF ISLANDS, Florida municipal corporation, whose address is 87000 Overseas Highway, Islamorada, FL 33036 (the "Grantee"). As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the Property (as hereinafter defined) and the term Grantee shall include any successor or assignee of Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of certain real property situated in Monroe County, Florida, and commonly known as or referred to as the Old Mariner's Hospital or Roth Building, located at 50 High Point Road, Plantation Key, Florida (RE# 00419430-0000(0), and more specifically described in Exhibit "A" attached hereto and made a part hereof(the "Property"); and WHEREAS, the Grantor desires to redevelop the Property for use as Monroe County Sheriff's offices and/or Sheriff's Station, and obtain a permit from the Grantee for this purpose (the "Permit"); and WHEREAS, the Property contains High Quality Tropical Hardwood Hammock which requires long term protection and management and retention in its natural condition. WHEREAS, the Grantee is authorized and required to regulate and control the use of the Property through its Land Development Regulations in order to protect the public health, safety and welfare. Section 7.3.6 of the Grantee's Land Development Regulations requires that certain areas of the Property be retained as open space and preserved in their natural condition to ensure long term Doclt 1511208 Skit 2106 Pglt 1966 protection and management if the Property is to be redeveloped for the use contemplated pursuant to the Permit. WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes, over portions of the Property. NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee upon the Property which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. 1. Grant of Easement. Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee upon the Property which shall run with the land and be binding upon the Grantor and all subsequent owners of the Property, and shall remain in full force and effect forever. This Easement shall create and require the preservation of the open space created hereunder in its nature condition, and shall protect and preserve the natural, scenic, and open space values of the Property. It is the purpose of this conservation easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Any wetland and/or upland areas included in this Easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit. 2. Location of the Easement. The location and description of this Easement is described in the survey attached hereto and made a part hereof as Exhibit "B" (the "Easement Property"). 3. Ri2hts Conveved to the Grantee. Grantee: To carry out the purpose of this Easement, the following rights are conveyed to a To enter upon the Property at all reasonable times with any necessary equipment or vehicles to enforce the rights herein granted and to assure compliance in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and 2 Doell 1511208 Bkll 2106 PglI 1967 b. To enforce by injunction or proceeding in equity or at law any activity on or use of the Property that is inconsistent with this Easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 4. Restraints and Prohibitions Imoosed bv this Easement. Except for restoration, creation, enhancement, maintenance and monitoring activities which are permitted or required by the Permit, if any, the following activities are prohibited in or on the Easement Property: a. The future development or any other activity that alters the natural character of the required open space by this Easement. b. The construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground. c. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials. d. Removal, trimming, pruning, or destruction of trees, shrubs, or other vegetation (except non-native or nuisance vegetation whose removal is specifically authorized in writing by the Grantee). Notwithstanding the foregoing, at the request of the Grantor, minor alterations or removal of native and other vegetation may be permitted or authorized by the Grantee in writing, in the event that the Grantee determines that the vegetation poses a health or safety concern, including concerns posed by natural disasters or unusual circumstances, such as hurricanes or floods. e. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface. f. Surface use except for purposes that permit the land or water area to remain predominately in its natural condition. g. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing. h. Acts or uses detrimental to such retention of land or water areas. i. Acts or uses which are detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical architectural, archaeological, cultural, or natural significance. 3 Docll 1511208 Bkll 2106 PgII 1968 5. Ri2hts of the Grantor. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and which are not inconsistent with any of the Grantee's rules, regulations, criteria, Permit and the intent and purposes of this Easement. No right of access by the general public to any portion ofthe Property is conveyed by this Easement. 6. Costs Pertainin2 to this Easement. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Easement Property. The ownership or enforcement of its rights under this Easement shall not subject the Grantee to any liability for any damage or injury that may be suffered by any person on the Easement Property or as a result of the condition of the Easement Property. Grantor shall pay any and all real property taxes and assessments levied by competent authorities on the Easement Property. 7. Enforcement. Enforcement of the terms, provisions and restrictions of this Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions of this Easement shall be recoverable by the prevailing party in such proceedings. 8. Assi2nment. This Easement shall be assignable by Grantee to other governmental bodies or agencies, chartable organizations, or trusts, authorized or qualified to hold this Easement under applicable state laws whose purposes include protecting natural, scenic, or open space values of real property. 9. Entire A2reement. This Easement constitutes the entire agreement between the parties and any prior understanding or representation of any time preceding the date of this Easement is not binding upon either party, except to the extent incorporated in this Easement. 10. Modification. This Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be filed in the Public Records of Monroe County, Florida. 4 Docl 1!511208 Ski 2106 Psi 1969 11. Recordation. This Easement, and any amendment, alteration or release thereof, shall be recorded in the Public Records of Monroe County, Florida. The Grantor, at its sole cost and expense, shall record this Easement in the Public Records of Monroe County, Florida, as a precondition to the issuance of the Permit by the Grantee. 12. Govemin2 Law. This Easement and the enforcement of the rights and obligations established hereby shall be subject to and governed by the laws of the State of Florida. 13. Invaliditv. If any provision of this Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Easement shall not be affected thereby, as long as the purpose of this Easement is preserved. 14. Notices. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest to the respective address of each party as set forth in the beginning of this Easement. 15. Effective Date. This Easement shall become effective upon its recordation in the Public Records of Monroe County, Florida. 16. Para2raoh Headin2s. Paragraph headings, where used herein, are inserted for convenience only and are not intended to be a part of this Easement or in anyway defined, limited or described the scope and intent of the particular paragraph to which they refer. 17. Notice Uoon Sale or Divesture. Grantor shall insert the terms and restrictions of this Easement in any subsequent deed or other legal instrument by which Grantor sells, conveys, leases or divests itself of any interest in the Property. 5 Docll 1!l11208 Skll 2106 PgII 1970 TO HAVE AND TO BOLD unto Grantee forever. The covenants, terms, conditions, restrictions and pwpose imposed with this Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this Easement and that any and all mortgages have been joined or subordinated to this Easement; that Grantor has good right and lawful authority to convey this Easement; and that it hereby fully warrants and defends the title to this Easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties hereto have made and executed this Easement on the respective dates under each signature: Islamorada, Village of ISI~ and through its Mayor, authorized to execute same by its Council action on the _ of · 2005. GRANTOR: BOARD OF COUNTY COMMlSIONERS OF MONROE COUNTY, FLORIDA By: i&:~ m.. kid>> ayor Dixie M. ~ehar 6 ATTEST: "1d~~-::I# Beverly Raddatz, Village aer Approved as to form and legal sufficiency: ~~ Village Attorney STATE OF FLORIDA ) SS: COUNTY OF MONROE ) Docll 1!511208 Bkll 2106 PIli 1971 GRANTEE: ISLAMORADA, VILLAGE OF ISLANDS, a Florida municipal corporation By: ~/r Chris Sante, Mayor The foregoing instrument was acknowledged before me this;J..3 day of m fr ic.J , 2005, by CHRIS SANTE, as Mayor of ISLAMORADA, VILLAGE OF ISLANDS, a Florida municipal corporation, on behalf of the Corporation, who (check one) IXr is personally known to me or [ ] has produced as identification. My Commission Expires: 4360721Easement/Conservation Easement - Form ~~~ Notary Public Print Name: B e../eJI 'r R. It u.o 1'/12 7 ~,\\''''''''''''''~ ,.,,,, ~l'{ AADa~"~ -~~.~~ ..., .....~/'r.s.'t._, I"~v.,,-~ito. ~ -~ I /.' or~.a\ 222.......;.; ~ .;...... \ - . . ~~. ~ = . . :*= =* . ..... : = :"4,.\ .........- ::!l:'E ~.~~ ........- :~;: '\~.~~~~., ~LA~:......,~<fc tit-'# .,,~ "'ll'1./C: S'I~\'" "Io'C 11"'''hll'''''''''' EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Doell 1!511208 SkI 2106 PglI 1972 Doell 1511208 Bkl 2106 PSi 1973 LEGAL DESCRIPTION: Mariners Hospital PARCEL A Lots 1 through 12, and SYLVAN CIRCLE HIGH POINT, according to the Plot thereof, as recorded in Piat Book 4, Page 96 01 the Public Records of Monroe County, Florida, more fully described os follows: A portion of High Point, according to the Plat thereof as recorded in Plat Book 4, Page 96 among the Public Records of Monroe County, Florida, more particularly described os follows: Beginning at the Southeast corner of Lot 1, Block 1 on the North side of High Point Rood, according to said Plot of High Point and run North on the East line of said Block 1, a distance of 265.26 feet; thence run South along the dividing line between Lots 6,7,8 and Lots 9,1 a,and 11 of said Block 1, 0 distance of 275.86 feet to the North side of High Point Rood os shown on said Plot of High Point; thence East on the said North line of High Point Road a distance of 280.44 feet to the Point of Beginning. NOTE: The above description is ambiguous in that it starts by describing Lots 1 through 12, Block 1 of High Point subdivision and then proceeds to more fully describe these lots by metes and bounds. Note; Written by Hal Thomas, agreeded to by F.h. Hildebrandt The ambiguity is in the fact that the metes and bounds description encompasses only Lots 1 through 8 inclusive, Block 1. This survey has encompassed Lots 1 through 12, Block 1 along with "Sylvan Circle", however ownership of Lots 9 through 12, Block 1 is subject to opinion of title. PARCEL B A portion of "Randal Adam's Subdivision" os recorded in Plot Book 1 at Page 110 of the Public Records of Monroe County, Florida, being more particularly described as follows: Commencing at the most Northerly and most Easterly corner of Book 1 of '.High Point" os recorded in prat Book 4 at Page 96 of the Public Records of Monroe County, Florida, said point being coincident with the most Southerly and most Easterly corner of Tract C of "Lysiloma" os recorded in Plat Book 5 ot Page 115 of the Public Records of Monroe County, Florida, run Southerly along the most Easterly line of the said Block 1 of "High Point" for 20.00 feet to the Point of Beginning of the herein described parcel; thence continue Southerly along the said Easteriy line for 220.14 feet; thence deflect 139 degrees 46'20" left and run Northecsterly for 32.50 feet to 0 point 21.00 feet Easterly of (os measured on 0 perpendicular) the said Easterly line of Block 1; thence deflect 40 degrees 13'40" left and run Northerly along a line parallel to the said Easterly line of Block 1 for 195.38 feet thence deflect 90 degrees 08'37" left run Westerly for 21.00 feet to the Point of Beginning, subject however, to all easement in favor of the Grantor herein for any port of the legol description of recreation lands and facilities for Plantation Villos, 0 condominium, which is recorded in Official Record Book 618, at page 348 of the Public Records of Monroe County, Florida, which may encroach on the Southerly port of the above parcel. PARCEL C A portion of Lot 9 of "Randol Adorn's Subdivision" as recorded in Plot Book at Page 110 of the Public Records of Monroe County, Florida, being more particularly described as follows: Commencing at the most Northerly and most Easterly corner of Block 1 of "High Point" as recorded in Plot Book 4 at Page 96 of the Public Records of Monroe County, Florida, said point being coincident with the most Southerly one most Easterly corner of "Lysilomo" as recorded in Plot Book 5 at Page 115 of the Public Records of Monroe County, Florida, run Southerly along the most Easterly line of the said Block 1 of "High Point" for 20 feet; thence deflect 90 degrees 08'37" left and run Easterly for 45.05 feet; thence deflect left ond run North 2 degrees 34'14" Eost for 250.00 feet; thence North 87 degrees 25'46" West for 45 feet to the Easterly line of Tract C of "Lysiloma" os recorded in Plot Book 5 at Page 115 of the Public Records of Monroe County, Florida; thence South 2 degrees 34'14" West along the East line of the aforesaid Tract C of "Lysiloma" and the East line of the aforesaid Block 1 of "High Point" for 250.02 feet. more or fess, to the Point of Beginnng. Docll 1511208 Bkll 2106 PglI 1974 PARCEL 0 A PORTION OF lot 9 of "Randol Adam's Subdivision" os recorded in Plot Book at Page t to of the Public Records of Monroe County, Florida. being more particularly described os follows: Commencing at the most Northerly and mast Easterly corner of Block 1 of "High Point" os recorded in Plat Book 4 at Page 96 of the Public Records of Monroe County, Florida, said point being coincident with the most Southerly and most Easterly corner of "Lysilomo" as recorded in Plot Book 5 ot Page 115 of the Public Records of Monroe County, Florida, run Southerly along the Easterly line of said Block 1 of High Point for 20 feet; thence deflect 90 degrees 08'37" left and run Easterly 45.05 feet to 0 Point of Beginning (P.O.B.); thence deflect left and run North 2 degrees 34'14" East for 250.02 feet; thence South 67 degrees 25.46" East fart5 feet; thence South 2 degrees 34'14" West along the East line of Parcel "C" for 250.02 feet; thence North 67 degrees 25'46" West for 15 feet to the Point of Beginning. Docll 1511208 Bkll 2106 PgII 1975 EXHIBIT "B" LEGAL DESCRIPTION AND SURVEY OF EASEMENT PROPERTY 'Exhibit B' Part 1 Doca 1S11208 Bka 2106 Pga 1976 Conservation easement consisting of two areas labeled 'Location A' and 'Location B' respectively located upon the site. 'Location A': A portion of lots 9,10,11 and 12 of "High Point" according to the plat thereof, as recorded in Plat Book 4, Page 96 of the Public Records of Monroe County on February 10, 1959. Beginning at the most Northerly and Westerly corner of lot #12 running E. 00000'00" 118.37' to a point; thence run S. 00000'00"275.86' to a point on the Northerly right-of- way line of High Point Road; thence run W. 00000'00" 73.37' along said line of right-of-way to a point of curvature of a circular curve concave to the Northeast having a radius of 25.00'; thence Northwesterly 39.27'along the arc of said curve through a central angle of 90000'00"; thence run N. 00000'00" 125.86' along the Easterly right-of-way line of Rolling Hill Road to a point of curvature of a circular curve concave to the Southwest having a radius of 25.00'; thence Northwesterly 34.24' along the arc of said curve through a central angle of 78027'47" to a radial line of said curve which bears N.OOoOO'OO"; thence on the prolongation of said radial 100.51 ' to the Point of Beginning. Parcel contains 29,135 s.f. or 0.67 acres more or less. 'Location B': A portion of Lot 9 of "Randal Adam's Subdivision" as recorded in Plat Book 1 Page 110 of the Public Records of Monroe County, Florida being more particularly described as follows: Beginning at a point 170.32' N. 01000'00" E. of the most Northerly and Easterly corner of Block 1 of High Point Subdivision as recorded in Plat Book 4, Page 96 of the Public Records of Monroe County on February 10, 1959. Said point being coincident with the most Southerly and most Easterly corner of "Lysiloma" as recorded in Plat Book 5 at page 115 of the Public Records of Monroe County, Florida and proceeding N. 01000'00" E. 60.00' to a point; thence run S. 89000'00" E. 60.00' to a point; thence run S. 01000'00" W. 60.00' to a point; thence run N. 89000'00" W. 60.00' to the Point of Beginning. Parcel contains 3,684 s.f. or 0.09 acres more or less. DoeII 1511208 Bkti 2106 PO 197/ r ' EXHIBIT B' POINT OF BEGINING (PART )l 'LOCATION A' MOST COMBINED AREA OF 'LOCATION A' NORTHERLY & (29,135 SF) AND 'LOCATION B' WESTERLY CORNER OF (3,684 SF) TOTALS 32,819 SF FOR CONSERVATION EASEMENT. LOT #12 OF HIGHPOIT SUBDIVISION, P.B. 4, PG. 96 E. 00'00'00" 118.37' chain link fencevrorrline ' , ^, IRON PIPE � ' s -\• PLS NO 2749 ''� � , ����:� xr � k :� � , 4 , � ,- y F ' .zy / 3 J ; j t h s 0 Curve number 2 0 'LOCATION A' 0 Radius= 25.00' o Delta= 78'27'47" o Arc= 34.24' 1 �` Tangent= 20.41 ' .L Z , Z N Chord= 31 .62' o ,drive Chord Brg.= S.39'13'53"E. 0.4' over 1 U I 0 � I (( 0 N 0 R T H � , o I 29,135 sf ( li 0 ,o, TOTAL AREA °� LOCATION 'A' co Li Z_ Co 73 N J CO o 0 N o o o w o o IZ 0 0 f o c�' o 0_ 0 i -- o ,,z;,, Z,,\," 1 0 CZ �' 0 Q o p 20.3 ' I co‘ Curve number 1 1 I IZ Radius= 25.00' — .- , Delta= 90'0'0" Arc= 39.27' I— 7 :: Tangent= 25.00' 9 Chord= 35.36' I Chord Brg.= N.45'00'00"W. j I W. 00'00'00" 73.37' i 0 DATE: ,,R 11/15/04 'EXHIBIT B' (PART 1 ) SHEET NO. ',r' ".. koilvSCALE: .1, 1�1'' 1"=30'-0" CONSERVATION EASEMENT 1 .._ PROJECT: OF 0 2 COUNTY fMONROE VILLAGE OF ISLAMORADA Doe 1511208 BIOS 2106 PO 1978 IRON PIPE IRON PIPE S.89'00 00 E 60.00' 45.00• 15 'EXHIBIT B' 0 0 (PART20 3,684 sf up COMBINED AREA OF 'LOCATION A' w TOTAL AREA (29,135 SF) AND 'LOCATION B' O 'LOCATION B' o (3,684 SF) TOTALS 32,819 SF 0 _ o FOR CONSERVATION EASEMENT. o 0 Z 'LOCATION B' vi POINT OF BEGINING N.89'00'00'W 6C.00' 'LOCATION B' U r1 I i N J r LJJ o U w W 4K= r ; ‹? a Dio v) it n - :' MOST NORTHERLY & EASTERLY CORNER OF BLOCK 1 OF HIGHPOINT 0 SUBDIVISION, P.B. 4, PG. 1*,25 2C` a 96 % j v 425.23' p.) .., / r a % ° o / � 4 / M G f� to T II Q'm— / 19.47' 9.50' 'rn / / co 1 Sty. Metal i — 10.07'1 Building / 0 ///////// /////// 1 21.00' N F.FL. 9.18 ! 1 S Metal i CD ,�o . '///////,50.40',/,//////i F FL In 26 % N.89°00'00"W. / 39.00'm. & d. / / 38 00' • . /////,_ .•._ •ii/// _ 31.21' 1 yCD CO v mLa (17 33.60'//////v MONROE COUNTY 1 ,\ OFFICIAL RECORDS I i r ii '''' DATE: I 11/15/04 'EXHIBIT B' (PART 2) SHEET NO. s �, SCALE: 1 "=30'-0" CONSERVATION EASEMENT 2 PROJECT: VILLAGE OF ISLAMORADA OF 02 COUNTY.o IONROE