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
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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'
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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
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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