Item C2b
lAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: September 20, 2001
Bulk Item: Yes No X
Department: Land Authority
Agenda Item Wording: Approval to purchase property with Preservation 2000 funds - Key Heights
and Tropical Coral Reef subdivisions (conservation easemenUagreement with Islamorada).
Item Background: The Village of Islamorada nominated this property for purchase as a conservation
area. The subject property consists of 5 hammock parcels near MM 89 in the median on Plantation
Key. The property is zoned Suburban Residential (SR) and designated Residential Low (RL) on the
Future Land Use Map.
Under the proposed transactions, the Land Authority will enter into the proposed interlocal agreement
with the Village, purchase the subject property using the Land Authority's standard purchase contract,
donate the subject property to the Village, and retain a conservation easement. The conservation
easement limits future use of the property to conservation and recreation, prohibits most types of
development, and requires that the property be maintained free of invasive exotic plants. The agenda
packet spreadsheet lists the legal description, purchase price, and closing costs for this transaction.
Advisory Committee Action: On August 30, 2001 the Advisory Committee voted 3/0 to approve this
item.
Previous Governing Board Action: The Board approved the purchase of several other parcels in the
Plantation Key median prior to the incorporation of Islamorada as a scenic corridor project.
Contract/Agreement Changes: NIA
Staff Recommendation: Approval
Total Cost: $ 142,289.75
Budgeted: Yes X
No
Cost to land Authority: $ 142,289.75
Approved By: Attorney ~ ~~6B/rL-
Executive Director Approval: ---1
I Mark J. Rosch
Risk Management
Documentation: Included: X
To Follow:
Not Required:
Disposition:
Agenda Item LA #2b
PURCHASE CONTRACTS
09/20/01
Purchase Envr. Audit, Survey Title Attorney Recording Acquisition
Property Price or Clean-up Insurance Fee Fee Total
Key Heights, Section 1 (PB 3-96)
Block 2, Lots 1-4 and
Tropical Coral Reef Est. (PB 6-8)
Lot 1 $135.750.00 $5,000.00 $855.00 $678.75 $6.00 $142,289.75
(Hershoff)
MONROE COUNTY LAND AUTHORITYNILLAGE OF ISLAMORADA
INTERLOCAL AGREEMENT
PLANTATION KEY MEDIAN HAMMOCKS
THIS INTERLOCAL AGREEMENT (the "Agreement"), is made and entered into this _ day
of ,20_, by and between the Monroe County Comprehensive Plan Land
Authority, a land authority established pursuant to section 380.0661, Florida Statutes,
hereinafter referred to as "Land Authority," and Islamorada, Village of Islands, Florida, a
municipal corporation of the State of Florida, hereinafter referred to as "Village."
WHEREAS, the Village incorporated on December 31, 1997 and is located within the Florida
Keys Area of Critical State Concern; and
WHEREAS, the Village has nominated the property identified in Attachment A (hereinafter
"subject property") for acquisition by the Land Authority for the purpose of providing land for
conservation and public recreation; and
WHEREAS, the property in Attachment A is subject to the rate growth controls established by
either Policy 101.2.13 or Policy 101.3.1 of the Monroe County Year 2010 Comprehensive Plan;
and
WHEREAS, in accordance with the Village's nomination, the Land Authority has entered into a
contract to purchase the subject property; and
WHEREAS, the Land Authority's purchase contract is contingent upon the Village accepting title
to the subject property from the Land Authority and granting a conservation easement to the
Land Authority at closing; and
WHEREAS, the purpose of the conservation easement is to insure future use of the subject
property is consistent with the Land Authority's enabling legislation and the restrictions
associated with Preservation 2000 bond proceeds.
NOW THEREFORE, the Monroe County Comprehensive Plan Land Authority hereby agrees to
convey the subject property to Islamorada, Village of Islands at closing and Islamorada, Village
of Islands does hereby agree to simultaneously grant the conservation easement identified in
Attachment B to the Monroe County Comprehensive Plan Land Authority.
The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through
its CHAIRMAN, has executed this agreement on behalf of the MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY this day of
20_.
Page 1 of 2
ATTEST:
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(Seal)
By:
Mark J. Rosch, Executive Director
Nora Williams, Chairman
Approved for Legal Sufficiency
Larry R. Erskine
The ISLAMORADA, VILLAGE OF ISLANDS, acting by and through its MAYOR, has executed
this agreement on behalf of ISLAMORADA, VILLAGE OF ISLANDS this day of
,20_.
ATTEST:
ISLAMORADA, VILLAGE OF ISLANDS
(Seal)
By:
Village Clerk
James Mooney, Mayor
Approved for Legal Sufficiency
Page 2 of 2
ATTACHMENT A
Plantation Key Median Hammocks, Plantation Key
Block 2, Lots 1 through 4, Key Heights Section 1 as recorded in Plat Book 3 at Page 96,
together with Lot 1, Tropical Coral Reef Estates as recorded in Plat Book 6 at Page 8, all in the
Public Records of Monroe County, Florida.
RE# 415790-000000, 415800-000000, 415810-000000, 415820-000000, and 419295-000100
ATTACHMENT B
GRANT OF CONSERVATION EASEMENT
THIS GRANT OF EASEMENT is made on this day of , 20_, by
Islamorada, Village of Islands, Florida, a municipal corporation of the State of Florida, of PO Box
568, Islamorada, Florida 33036, Grantor, to Monroe County Comprehensive Plan Land
Authority, a land authority under Section 380.0663 (1), Florida Statutes and Monroe County
Ordinance No. 031-1986, whose address is 1200 Truman Avenue, Suite 207, Key West, Florida
33040, as Grantee.
Recitals
A) The Grantor is the owner of certain real property (the servient estate) located in Monroe
County, Florida, more particularly described in Attachment A.
B) This easement is a conservation easement created pursuant to Section 704.06, Florida
Statutes, and is to be governed by, construed, and enforced in accordance with that statute
along with applicable laws of the State of Florida.
1. Grant of easement.
In consideration for the sum of Ten and 00/100 Dollars ($10.00) and other good and
valuable considerations to said Grantor in hand paid by said Grantee, the receipt of
which is hereby acknowledged, the Grantor hereby grants to Grantee the easement
described below.
2. Easement area.
The location of the easement area on the servient estate is as follows: all of that property
described in Attachment A.
3. Restraints imposed by the conservation easement.
The subject property was purchased with Preservation 2000 bond proceeds. The
conservation easement granted by this instrument imposes the following restrictions on
the future use of the servient estate within the easement area:
a) No uses other than conservation and public recreation.
b) No lease or conveyance of any property interest, including but not limited to
transferable development rights of any kind.
c) No revenue generating activities.
d) No use by any person other than in such person's capacity as a member of the
general public or as an employee of the Village of Islamorada.
e) No management contracts with any party other than the State of Florida without the
express written consent of the Grantee.
f) No use as security for any debt.
g) No construction or placing of buildings, roads, billboards or other advertising, or
utilities on or above the ground.
h) No dumping or placing of soil or other substance or material as landfill or dumping or
placing of trash, waste, or unsightly or offensive materials.
i) No removal or destruction of trees, shrubs, or other vegetation except non-native
species.
j) No excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other
material substance in such manner as to affect the surface.
Page 1 of 3
k) No surface use except for purposes that permit the land or water area to remain
predominately in its natural condition.
I) No activities detrimental to drainage, flood control, water conservation, erosion
control, soil conservation, or fish and wildlife habitat preservation; specifically no
suffering, permitting, or allowing invasive exotic species such as Australian pine
(spp. Casuarina), Brazilian pepper (Schinus terebinthifolius), or Latherleaf (Colubrina
asiatica) to exist.
m) No acts or uses detrimental to such retention of land or water areas.
4. Terms and persons bound.
This conservation easement is perpetual, runs with the land and is binding on all present
and subsequent owners and mortgagees of the servient estate. Grantor represents that
the mortgagee(s), if any, whose consent is attached hereto, is (are) the only
mortgagee(s) having a security interest in the servient estate.
5. Modification of easement.
No modification of this easement is binding unless evidenced in writing and signed by an
authorized representative of the Grantee.
6. Attorney's fees.
In the event of any controversy, claim or dispute arising under this instrument, the
prevailing party shall be entitled to recover reasonable attorney's fees and costs,
including appeals.
7. Entry of Grantee's representative on the servient estate.
The Grantee may enter upon the servient estate, after first furnishing the Grantor no less
than 24 hours notice, for the purpose of inspection to determine the Grantor's
compliance with this Grant of Easement.
8. Notice.
Any notice provided for or concerning this grant of easement must be in writing and is
sufficiently given when sent by certified or registered mail, or via an equivalent service
furnished by a private carrier, to the respective address of each party as set forth at the
beginning of this Grant of Easement.
IN WITNESS WHEREOF, each party to this Grant of Easement has caused it to be executed on
the date in the first sentence of this Grant of Easement.
Islamorada, Village of Islands
Grantor
Witness
By: Frank Kulisky, Mayor
Witness
Page 2 of 3
STATE OF-FLORIDA)
SS:
COUNTY OF MONROE)
The foregoing instrument was acknowledged before me this day of ,
20_ by FRANK KULlSKY, MAYOR of ISLAMORADA, VILLAGE OF ISLANDS, who (check
one) [ ] is personally known to me or [ ] has produced a Florida drivers license as identification.
Notary Public, State of Florida
My commission expires:
Print Name:
Page 3 of 3
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