HomeMy WebLinkAbout09-161RESOLUTION NO. 09-161
A RESOLUTION ACCEPTING A
CONSERVATION EASEMENT
ON BEHALF OF ST. LUCIE COUNTY, FLORIDA
BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, thut:
The foregoing CONSERVATION EASEMENT is duly accepted on behalf of St. Lucie
County this 12'h day of MAY, 2009.
BOARD OF COVNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY: •
Chair
BY:
5:\ACQ\WP\Conservation Eusements\Stark Ranch\Resolution No. 09-161.wpd
--r-~r ------
APPROVE~ AS TO FORM AND
CORRECTNE55:
Prepared by and returned to:
W. Lee Dobbins, Esq.
Dean, MOaCl, Mll1tOri 8L ZW0T110T JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
1903 SOUtl1 ZSth StT'eet SAINT LUCIE COUNTY
FlLE # 3345303 05!~ a/~c~Qa ~r m:40 Pn~
SUltf: 2~~ OR BOOK 3089 PAGE 2258 - 2269 Doc Type: EASMT
RECORDING: $103.50
Fort Pierce, FL 34947
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given
this~l,~~'day of fl~e,.,. ~ cti , 2008, by GINN-LA WSL LTD., LLLP, a Georgia limited liability
limited partnership (the "Grantor"), whose mailing address is 215 Celebration Place, Suite 500,
Celebration, Florida 34747, to ST. I,UCIE COUNTY, a political subdivision of the State of Florida
(the "Grantee") having an address of 2300 Virginia Avenue, Fort Pierce, FL 34982. As used
herein, the term "Grantor" shall include any and all heirs, successors or assigns of the Grantor, and
all subsequent owners of the "Conservation Area" (as hereinafter defined), and the term "Grantee"
shall include any successor or assignee of Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of certain lands situated in St. Lucie County, Florida,
and more specifically described in Exhibit "A". attached hereto and incorporated herein by this
reference ("Property"); and
WHEREAS, the Grantor is proposing the operation of a mine ("Project") on the Property,
which is subject to the regulatory jurisdiction of the St. Lucie County Board of County
Commissioners ("County"); and
WHEREAS, the County approved the Conditional Use Permit for the Project pursuant to
Resolution No. 08-092 ("Resolution"); and
WHEREAS, the Resolution requires that Grantor maintain, in perpetuity, that portion of the
Property designated as preserve area ("Conservation Area"), as more particularly described in
E~ibit "B" attached hereto and incorporated herein by this reference; and
WHEREAS, the Resolution further requires that the Conservation Area be maintained in
accordance with that certain Preserve Area Management and Monitoring Plan, as modified from
time to time ("Management Plan"); and
WHEREAS, the Grantor is agreeable to granting and securing to the Grantee a perpetual
Conservation Easement as defined in Section 704.06, Florida Statutes, over the Conservation
Area.
NOW, THEREFORE, Grantor hereby grants, creates, and establishes a perpetual
Conservation Easement for and in favor of the Grantee upon the Conservation Area which shall
{00008532.2}
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run with the land and be binding upon the Grantor, and shall remain in full force and effect
forever.
The scope, nature, and character of this Conservatian Easement shall be as follows:
1. Recitals. The recitals hereinabove set forth are true and correct and are hereby
incorporated into and made a part of this Conservation Easement.
2. Purnose. It is the puxpose 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. Those wetland andlor upland
areas included in this Conservation Easement shall be maintained in the conditions required by
the Management Plan.
To carry out this purpose, the following rights are conveyed to Grantee by this easement:
a, To enter upon the Conservation Area at reasonable times with any
necessary equipment or vehicles to enforce the rights herein granted in a manner that will not
unreasonably interfere with the use and quiet enjoyment of the Property by Grantor and/or the
future residents of the Property at the time of such entry; and
b. To enjoin any activity an or use of the Conservation Area that is
inconsistent with this Conservation Easement and to enforce the restoration of such areas or
features of the Conservation .Area that may be damaged by any inconsistent activity or use; and
3. Prohibited Uses. Except for passive recreation (as hereinafter defined), exotic
vegetation remaval, replanting with appropriate native vegetation, vine control, trimming the
vegetation, removal of trash and debris or other maintenance and monitoring activities described
herein that are pernutted or required by the Resolution or the Management Plan, the following
activities are prohibited in or on the Conservation Area:
a. Construction or placing of buildings, roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or
dumping or placing of trash, waste, or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation, except for the
removal of exotic or nuisance vegetation in accordance with the Management Plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other
material substance in such manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to
remain in its natural or enhanced condition;
~o°~~~~~~~ 2
f. Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or f sh and wildlife habitat preservation including, but not
limited to, ditching, diking and fencing.
4. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Property,
including the right to engage in uses of the Conservarion Area that are not prohibited herein and
which are not inconsistent with any Federal, State, or County rule, criteria, permit and the intent
and purposes of this Conservation Easement.
5. Passive Recreation. Grantor reserves all rights as owner of the Conservation
Area to engage in uses of the Conservation Area that are not prohibited herein, incluc3ing but not
lirnited to the rights to use the Conservation Area for passive recreational uses such as canoeing,
hiking, biking, bird watching, or to construct such pervious facilities such as docks, boardwalks,
or mulched walking trails. Construction of passive recreational facilities within the Conservation
Area must receive prior written approval from the Grantee, their successors or assigns which will
not be unreasonably withheld.
6. No Dedication. No right of access by the general public to any portion of the
Property or Conservation Area is conveyed by this Conservation Easement.
7. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities
related to the operation, upkeep or maintenance of the Conservation Area.
8. Acts Bevond Grantor's Control. Nothing contained in this instrument sha11 be
construed to entitle Grantee to bring any action against Grantor for any injury ta or change in any
portion of the Property other than Conservation Areas that result from natural causes beyond
Grantor's control, and not initiated by the Grantor, including but not limited to fire, flood, storm
and earth movement. Shonld any Conserva~ion Area be injured ar changed from natural causes,
including but not limited to fire, flood, storm and earth movement, the Grantor shall be provided
notice and a reasonable opportunity to restore the affected Conservation Area to a condition that
satisfies the Management Plan requirements prior to the Grantee bringing any action for
noncompliance with the Resolution or the Management Plan.
9. Propertv Taxes. Grantor shall keep the payment of taxes and assessments on the
Conservation Area current and shall not allow any lien on the Conservation Area superior to this
Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in
addition to any other remedy, the Grantee may, but shall not be obligated to, elect to pay the lien
on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the
Grantee, together with Grantee's reasonable attorney's fees and costs, with interest at the
maximum rate allowed by law, no later than thirty days after such payment. In the event the
Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute a lien
against the Conservation Area which shall automatically relate back to the recording date of this
Easement. Grantee may foreclose this lien on the Conservation Area in the manner provided for
mortgages on real property.
10. Enfarcement bv Grantee. Enforcement of the terms, provisians and restrictions
of this Conservation Easement shall be at the reasonable discretion of Grantee, and any
~o°~~~~'~ ~
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.
11. Maintenance Obli~ations of Grantor. The Grantor shall maintain in perpetuity,
the Conservation Area in accordance with the Management Plan. Such maintenance shall
include, but is not limited to, exotic vegetation removal, replanting with appropriate native
vegetation, vine control, and removal of trash and debris. The maintenance schedule should be
so as to keep the Conservation Area ecologically functional and high quality, as well as a
minimum 90% free of exotic vegetation.
12. Assignment. Grantee will hold this Conservation Easernent exclusively for
conservation purposes. Grantee will not assign its rights and obligations under this Conservation
Easement except to another organization or entity qualified to hold such interests under the
applicable state laws.
13. Severability. If any provision of this Conservation Easement or the application
thereof to any person or circumstances is found to be invalid, the remainder of the provisions of
this Conservation Easement shall not be affected thereby, as long as the purpose of the
Conservation Easement is preserved.
14. Terms and Restrictions. Grantor shall include by reference the terms and
restrictions of this Conservation Easement in any subsequent deed or other legal instrument by
which Grantor transfers any interest in that portion of the Property underlying the Conservation
Area, and any transferee shall accept same by acceptance of such deed or other legal instrument
of transfer.
15. Written Notice. 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.
16. Modiftcations. This Conservation 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 in St. Lucie County.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions,
restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor,
and shall continue as a servitude running in perpetuity with the Praperty.
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 Conservation Easement; and all mortgages and liens have been subordinated to this
Conservation Easement; and that Grantor has good right and lawful authority to convey this
Conservation Easement; and that it hereby fully warrants and defends the title to the Conservation
Easement hereby conveyed against the lawful claims of all persons whomsoever.
~°o°~~~~~f'v~ 4
6~~•,-La t,iSL L-~d.~ L1.~P
IN WITNESS V~I-~REOF,'~r has hereunto set its authorized hand this3~ J~ day of -~e..~ b e~
2008.
Signed, sealed and delivered
in our presence as witnesses:
GRANTOR:
GINN-LA WSL LTD., LLLP, a Georgia limited
liability limited partnership
By: Ginn-WSL GP, LLC, a Georgia limited
liabil' o y, it eneral Partner
B:
Pri N
Its:
STATE OF ~ ID~ ~U~ }
. ) ss.:
COUNTY OF ~e~ )
T
The foregoing instrument was acknowled ed before me this ~ day of ~t~2008,
b y~`~' 1(~~ ~,~~~,~ p h , as ~ ~~ f2 V~"' of Ginn-WSL GP, LLC, a
Georgia limited liability company, as General Partner of GINN-LA L LTD LP, a
Georgia limited liability limited partnership, on its behalf, who i, personally known to me or
who has produced as identification. -
Notary: ~ ~
[NOTARIAL SEAL] Print Name: ~C ~ S~,L. ~2.~rr~, ~ \
Notary Public, State of ~ L
My commission expires: ~~(~ 5 ~~~
~~"'~~~ CARISSA GAMBILL
~ 4~AY p ~~~~~
?~ ~. w Noiary PuWic - State of Fbrida
"%~ ;; ~M Commission Expire.c Apr 5, 2ppg
a, ~ ,d;a'
Co~ion ~ DD 414935
•,•~~~~• gonded By National N~ry Assn.
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MORTGAGEE CUNSENT AND SUBORDINATION
For Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and
receipt of which are hereby acknowledged, METROPOLITAN LIFE INSURANCE
COMPANY, a New York corporation ("Mortgagee"), the owner and holder of an Amended,
Restated and Consolidated Mortgage, Security and Spreader Agreement in the principal amount
of $27,300,OOQ given by GINN-LA WSL LTD, LLLP encumbering the real property desczibed
on Exlaibit "A" attached hereto ("Property"}, which is recorded in Official Records Book 2628,
at Page 2072, of the Public Records of St. Lucie County, Florida, hereby consen.ts to and
subordinates the lien of its Mortgage, as it has been, and as it may be, modified, amended and
assigned from time to time, fo the foregoiz~g Conservation Easement, executed by GINN-LA
~~~~i L,'?`'~, LT Li~ .LS.A ~z~~r ~~ ~~. ~;aci~ vv~r~ty dppiiea~~e to the specifie~ portion o:t the Yroperty
described on Exhibit "B" as the "Conservation Easement", as said Conservation Easement may
be modified, aznended and assigned from time to time, with the intent that the Mortgage sha11 be
subj ect and subordinate to the Easement.
IN WITNESS WHEREQF, this Mortgagee Consent and Subordination is made this 14th
day of January , 200~8. q
WTTNESSES:
By. ~~~'(f~ ,C~;~ ~,.~~~^~-~
~ ~~~
Print Name: Sharon Hake
By: (~l~G~.~,~2~1T--r~`> ~~ ~~'~,~~r.~'>
Print Name: Christina McClure
STATE OF Indiana )
~ 55..
COUNTY OF Wayne )
Mortgagee:
METROPOLITAN LIFE INSURANCE
COMPANY, a New York eorporation
B ~ s~- ~ .
P' tN : Je rv A. offman
jtg; Director
The foregoing instrument was acknowledged before me this 14th day of Januarv, 20~~9by
Jerry A. Hoffman , as Director ofMETROPOLITAN LIFE
INSURANCE COMPANY, a New York corporation, on its behalf, who is per~,~a~ly known to
me, c~~~xpa~o~~Hxxxxxxxx
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[NOTARIAL SEA~~°°~ti~ ~Ms ~NJROF'~~'°~,,
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Notary: ~r "°°- ~ ` V p . v •~o
PrintN~me~ „t-~~_ }~~
Notary Public, State Of Tnc~ Y ana
My commission expires: 10 / 2 9/ 16
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Exhibit "A"
STARK RANCH PARCEL
A PARCEL OF LAND LOCATED IN A PORTION OF SECTIONS 1, 2 AND 3, TOWNSHIP 37
SOUTH, RANGE 38 EAST, AND IN A PORTION OF SECTIONS 23, 24, 25, 26, 34, 35 AND 36 OF
TOWNSHIP 36 SOUTH, RANGE 38 EAST, ALL BEING IN ST. LUCIE COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:
BEGIN AT THE INTERSECTION OF THE WEST BOUNDARY OF SAID SECTION 1 AND THE
NORTHWESTERLY RIGHT-OF-WAY LINE OF GLADES CUT-0FF ROAD (COUNTY ROAD 709);
THENCE S 44° 46' 11" W ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 141.19 FEET TO A
POINT THAT IS 100 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE
OF SAID SECTION 1; THENCE N 00° 19' 28" W ALONG A LINE PARALLEL TO THE WEST LINE
OF SAID SECTION 1, A DISTANCE OF 802.96 FEET; THENCE RLTN N 89° 58' 38" W ALONG THE
NORTH L1NE OF THE SOUTH ONE HALF OF THE SOUTHEAST ONE QUARTER OF SAID
SECTION 2, A DISTANCE OF 2,534.63 FEET; THENCE S 00° 07' S4" E ALONG THE NORTH-
SOUTH ONE QUARTER SECTION LINE OF SAID SECTION 2, A DISTANCE OF 659.41 FEET;
THENCE N 89° 59' 21" W ALONG THE SOUTH LINE OF THE NORTH ONE HALF OF THE SOUTH
ONE HALF OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 2, A DISTANCE OF
2,638.57 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE S 87° 46' 38" W ALONG THE
SOUTH LINE OF THE NORTH ONE HALF OF THE SOUTHEAST ONE QUARTER OF THE
SOUTHEAST ONE QUARTER OF SAID SECTION 3, A DISTANCE OF 1,330.76 FEET; THENCE N
00° 12' 37" E ALONG THE WEST LINE OF THE NORTH ONE HALF OF THE SOUTHEAST ONE
QUARTER OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 3, A DISTANCE OF 664.89
FEET; THENCE N 87° 59' 03" E ALONG THE NORTH LINE OF THE SOUTHEAST ONE QUARTER
OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 3, A DISTANCE OF 1,327.50 FEET TO
THE WEST LINE OF SAID SECTION 2; THENCE N 00° 03' 21" W ALONG THE WEST LINE OF
SAID SECTION 2 A DISTANCE OF 1;319.93 FEET TO THE WEST ONE QUARTER CORNER OF
SAID SECTION 2; THENCE N 00° 08' 15" W ALONG THE WEST LINE OF ~SAID SECTION 2 A
DISTANCE OF 2,772.87 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE N
00° 33' 24" W ALONG THE WEST L1NE OF SAID SECTION 35 A DISTANCE OF 1,883.10 FEET;
THENCE S 50° 47' S8" E, DEPARTING SAID SECTION L1NE A DISTANCE OF 285.83 FEET;
THENCE N 72° 24' 41" E A DISTANCE OF 347.69 FEET; THENCE N 30° 16' 25" E A DISTANCE OF
239.89 FEET; THENCE N 00° 48' 08" E A DISTANCE OF 718.36 FEET; THENCE N 82° 24' S1" W A
DISTANCE OF 46.30 FEET; THENCE N 62° 27' 44" W A DISTANCE OF 253.57 FEET; THENCE N
64° 27' 33" W A DISTANCE OF 282.45 FEET; THENCE S 68° 51' 23" W A DISTANCE OF 180.49
FEET TO THE WEST LINE OF SAID SECTION 35; THENCE S70°00'06"W A DISTANCE OF 182.20
FEET; THENCE S 77° 43' 06" W A DISTANCE OF 285.00 FEET TO THE EAST LINE OF THOSE
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2646, PAGE 1204; THENCE S 13°17'09" E,
ALONG SAID EAST LINE, A DISTANCE OF 159.54 FEET; THENCE CONTINUE ALONG SAID
EAST LINE, S 04°08'21" W, A DISTANCE OF 113.78 FEET TO THE SOUTH L1NE OF SAID LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK 2646, PAGE 1204; THENCE N 85°51'39" W, ALONG
SAID SOUTH LINE, A DISTANCE OF 25.00 FEET TO THE WEST L1NE OF THOSE LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK 2646, PAGE 1204; THENCE ALONG SAID WEST
LINE THE FOLLOWING FOUR COURSES AND DISTANCES: N 04°08'21" W, A DISTANCE OF
109.95 FEET; THENCE N 13°17'09" W, A DISTANCE OF 158.76 FEET; THENCE N 00°37'06" E, A
DISTANCE OF 1613.25 FEET; THENCE N 35°17'36" E, A DISTANCE OF 778.72 FEET TO THE
SOUTH LINE OF THE NORTH 60 FEET OF SECTION 34, AND THE SOUTH LINE OF THOSE
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2646, PAGE 1207; THENCE N 88°45' 10" W,
ALONG THE SOUTH LINE OF THE NORTH 60.00 FEET OF THE NORTHEAST ONE-QUARTER OF
SECTION 34, A DISTANCE OF 2634.76 FEET; THENCE N 88°40'29" W ALONG THE SOUTH LINE
OF THE NORTH 60.00 FEET OF THE NORTHWEST ONE-QUARTER OF SECTION 34, A
DISTANCE OF 2546.89 FEET TO THE EAST LINE OF THE WEST 100.00 FEET OF SECTION 34
AND THE EAST LINE OF THOSE LANDS DESCRIBED 1N OFFICIAL RECORDS BOOK 176, PAGE
744; THENCE N 00°23'26 W, ALONG THE EAST LINE OF THE WEST 100.00 FEET OF SECTION
34, A DISTANCE OF 60.03 FEET TO THE NORTH LINE OF SECTION 34; THENCE S 88°40'29" E,
ALONG THE NORTH LINE OF SECTION 34, A DISTANCE OF 2548.65 FEET TO THE NORTH
ONE-QUARTER CORNER OF SECTION 34; THENCE S 88°45' 10" E, ALONG THE NORTH LINE OF
SECTION 34, A DISTANCE OF 2648.68 FEET TO THE NORTHEAST CORNER OF SECTION 34;
THENCE N 89° 29' 26" E A DISTANCE OF 2,620.08 FEET TO THE SOUTH ONE QUARTER
CORNER OF SAID SECTION 26; THENCE N 00° 09' 21" W ALONG THE NORTH-SOUTH ONE
QUARTER LINE OF SAID SECTION 26 A DISTANCE OF 5,500.07 FEET TO THE NORTH
QUARTER CORNER OF SAID SECTION 26; THENCE N 00° 08' 18" W ALONG THE NORTH-
SOUTH ONE QUARTER SECTION L1NE OF SAID SECTION 23 A DISTANCE OF 5,266.25 FEET TO
THE NORTH ONE QUARTER CORNER OF SAID SECTION 23; THENCE N 89° 35' 04" E ALONG
THE NORTH LINE OF SAID SECTION 23 A DISTANCE OF 2,593.86 FEET TO THE NORTHEAST
CORNER OF SAID SECTION 23; THENCE S 00° 14' S4" E ALONG THE EAST L1NE OF SAID
SECTION 23 A DISTANCE OF 164.84 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SOUTH
FLORIDA WATER MANAGEMENT DISTRICT CANAL G24 AND THE NORTHWEST CORNER OF
THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2643, PAGE 1877; THENCE S
89°58'23" E ALONG SAID SOUTH RIGHT-OF-WAY LINE AND THE NORTH L1NE OF THOSE
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2643, PAGE 1877, A DISTANCE OF 595.00
FEET; THENCE DEPARTING SAID RIGHT OF WAY L1NE, ALONG THE EAST LINE OF THOSE
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2643, PAGE 1877, THE FOLLOWING SIX
COURSES AND DISTANCES: S 07°35'38" W A DISTANCE OF 185.02 FEET; THENCE S 27°13'38"
W A DISTANCE OF 116.35 FEET; THENCE S46°20'38" W A DISTANCE OF 160.00 FEET; THENCE
S 26°15'38" W A DISTANCE OF 388.00 FEET; THENCE S 19°59'22" E A DISTANCE OF 177.00
FEET; THENCE S 31°00'38" W A DISTANCE OF 552.00 FEET TO THE EAST LINE OF SECTION 23;
THENCE S 00°14'S4" E ALONG THE EAST LINE OF SECTION 23, A DISTANCE OF 2121.89 FEET
TO THE NORTH L1NE OF THE SOUTH 1612.54 FEET OF THE WEST ONE-QUARTER OF
SECTION 24; THENCE S 89°18'S8" E, ALONG THE NORTH L1NE OF THE SOUTH 1612.54 FEET
OF THE WEST ONE-QUARTER OF SECTION 24, A DISTANCE OF 1318.03 FEET TO THE WEST
LINE OF THE EAST ONE-HALF OF THE WEST ONE-HALF OF THE SOUTH WEST ONE-
QUARTER OF SECTION 24; THENCE N 00° OS' 29" E ALONG THE WEST L1NE OF THE EAST
ONE HALF OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 24 A DISTANCE OF
1,025.24 ; THENCE S 89° 08' 09" E ALONG THE NORTH L1NE OF THE SOUTHWEST ONE
QUARTER OF SAID SECTION 24 A DISTANCE OF 1,324.19 FEET; THENCE N 00° 25' S6" E
ALONG THE NORTH-SOUTH ONE QUARTER SECTION LINE OF SAID SECTION 24 A
DISTANCE OF 2,516.13 FEET TO THE SOUTH RIGHT-0F-WAY LINE OF SOUTH FLORIDA
WATER MANAGEMENT DISTRICT CANAL C-24; THENCE S 89° 58' 23" E ALONG SAID RIGHT-
OF-WAY LINE A DISTANCE OF 2,678.91 FEET TO THE EAST LINE OF SAID SECTION 24;
THENCE S O1° 06' S2" W ALONG THE EAST L1NE OF SAID SECTION 24 A DISTANCE OF 5,181.46
FEET TO THE SOUTHEAST CORNER OF SAID SECTION 24; THENCE S 00° 00' 42" W ALONG
THE EAST LINE OF SAID SECTION 25 A DISTANCE OF 5,281.89 FEET TO THE SOUTHEAST
CORNER OF SAID SECTION 25; THENCE S 00° 08' 47" E ALONG THE EAST LINE OF SAID
SECTION 36 A DISTANCE OF 4,946.75 FEET TO THE NORTHWEST RIGHT-OF-WAY L1NE OF
GLADES CUT-OFF ROAD (COUNTY ROAD 709); THENCE S 44° 46' 11" W ALONG SAID
NORTHWEST RIGHT-OF-WAY L1NE A DISTANCE OF 7,270.28 FEET TO THE POINT OF
BEGINNING.
SUBJECT TO THE RIGHT-OF-WAY OF SOUTH FLORIDA WATER MANAGEMENT DISTRICT
CANAL G24 IN SECTION 23, TOWNSHIP 36 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY,
FLORIDA.
_____ ___ _ . .
Exhibit "B"
SURVEYOR NOTES
1.) THIS SKETGH AND LEGAL DESCRIPTION IS BASED ON OFFICE
INFORMATION ONLY AND DOES NOT REPRESENT A BOUNDARY SURVEY.
2.) THIS LEGAL DESCRIPTION SHALt NOT BE VALID UNLESS:
A) PROVIDED IN ITS ENTIRETY CONSISTING OF 3 SHEETS, WITH
SHEET 3, BEING THE SKETCH OF DESCRIPTION.
B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE
SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL.
3.) BEARINGS SHOWN HEREON ARE REFERENCED TO THE STATE PLANE
COORDINATE SYSTEM, NORTH AMERICAN DATUM 1983, ADJUSTMENT OF 1999,
(NAD 83/99), FLORIDA EAST ZONE AND ARE FURTHER REFERENCED TO THE
SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 24, TOWNSHIP 36
SOUTH, RANGE 38 EAST, HAVING A BEARING OF SOUTH 89°18'58" EAST, ALL
OTHERS ARE RELATIVE THERETO.
CERTIFICATION
(NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER)
i HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE
PROPERTY SHOWN AND D~SCRIBED HEREON WAS COMPLETED UNDER MY
DIRECTION AND SAID SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE AND BELIEF.
I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE
MINIMUM TECHNICAL STANDARDS FOR SURVEYS SET FORTH BY THE FLORIDA
BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 61 G17-6, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE
STATUTES.
THE SKETCH AND DESCRIPTION IS BASED ON INFORMATION FURNISHED BY
CLIENT OR CLIENT'S REPRESENTATIVE.
4/20/09
Date of Signature
~ REVISED DESCRIPTION, CHANGED SHEET #S 2/8/08 MRW
N0. REVISIONS DATE BY
~
~ ~ ~
Mark R. Wendt
Profiessional Survey and Mapper
Florida Certificate No. 6163
~-
I N C 0 R P 0 R A T E D
I PROFESSIONAL SURVEYORS AND MAPPERS
CERTIFICATE OF AUTHOR12AT10N LH 4108
CORPORATE OFFICE TALLAHASSEE OFFICE
VO 80X 7469 • 1505 Sw MAR71N HWY. 1990 CO~dMONWEALTH LANE
PALM CITY, FL 34997 TALIAHASSEE, FL 32303
(800) 386-7066 (850) 536-8455
SKETCH AND IEGAL DESCRIPTION FOR:
GINN WSL Ltd. LLLP
ST. LUCIE COUNTY, FLORIDA
Scaie: Dote: File & Drowing No.:
N/A 1/2008 04-1039-12-39
Drawn By Checked: Sheel
MRW GCY 1 oF 3
COPYRIGHT OO 2006 BY GCY, INC., PROFESSIONAL SURVEYpRS AND MAPPERS Drowing Nome: Tree Preserve Areos.dwg
Exhibit "B"
LEGAL DESCRIPTION
CONSERVATION AREA #1
A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 36 SOUTH, RANGE 38 EAST, ST. LUCIE
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 24, TOWNSHIP 36 SOUTH, RANGE 38 EAST,
THENCE SOUTH 89°18'58" EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF
SAID SECTION 24, A DISTANCE OF 2616.94 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST
ONE-QUARTER OF SAID SECTION 24; THENCE SOUTH 89°17'46" EAST, ALONG THE SOUTH LINE OF
THE SOUTHEAST ONE-QUARTER OF SAID SECTION 24, A DISTANCE OF 866.56 FEET; THENCE
SOUTH 00°42'14" WEST, A DISTANCE OF 1790.26 FEET TO THE POINT OF BEGINNING; THENCE
NORTH 81°34'10" EAST, A DISTANCE OF 59.34 FEET; THENCE NORTH 80°56'19" EAST, A
DISTANCE OF 46.99 FEET; THENCE NORTH 68°48'06" EAST, A DISTANCE OF 74.12 FEET;
THENCE SOUTH 03°46'20" EAST, A DISTANCE OF 63.84 FEET; THENCE SOUTH 28°44'23" EAST,
A DISTANCE OF 35.36 FEET; THENCE SOUTH 51°37'02" EAST, A DISTANCE OF 158.32 FEET;
THENCE SOUTH 19°44'46" EAST, A DISTANCE OF 192.10 FEET; THENCE SOUTH 67°39'16" WEST,
A DISTANCE OF 134.93 FEET; THENCE NORTH 40°24'00" WEST, A DISTANCE OF 209.84 FEET;
THENCE NORTH 04°27'16" WEST, A DISTANCE OF 173.83 FEET; THENCE NORTH 65°57'54" WEST,
A DISTANCE OF 120.55 FEET TO THE POINT OF BEGINNING
CONTAINING 1.48 ACRES, MORE OR LESS.
CONSERVATION AREA #2
A PARCEL OF LAND LYING IN SECTION 24, TOWNSHIP 36 SOUTH, RANGE 38 EAST, ST. LUCIE
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; •
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 24, THENCE SOUTH.89°18'58" EAST,
ALONG THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 24, A DISTANCE OF
1308.47 FEET TO THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF
SECTION 24; THENCE NORTH 00°05'29" EAST, ALONG THE WEST LINE OF THE EAST ONE-HALF OF
THE SOUTHWEST ONE-QUARTER, A DISTANCE OF 2343.81 FEET; THENCE SOUTH 89°54'31" EAST,
A DISTANCE OF 60.83 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 12°51'46" WEST, A
DISTANCE OF 78.16 FEET; THENCE SOUTH 08°56'34" EAST, A DISTANCE OF 159.54 FEET;
THENCE SOUTH 16°23'22" EAST, A DISTANCE OF 136.44 FEET; THENCE NORTH 61°29'24" WEST,
A DISTANCE OF 109.36 FEET; THENCE NORTH 11°00'43° WEST, A DISTANCE OF 37.69 FEET;
THENCE NORTH 04°47'31" EAST, A DISTANCE OF 202.31 FEET; THENCE NORTH 03°19'58" WEST,
A DISTANCE OF 49.88 FEET; THENCE NORTH 60°57'24" EAST, A DISTANCE OF 49.64 FEET TO
THE POINT OF BEGINNING.
CONTAINING 0.38 ACRES, MORE OR LESS.
~ 1 I REVISED DESCRIPTION, CHANGED SHEET //S I 2~8/a8 I MRW ~
l N0. I REVISIONS I DATE I BY ~
' 1 N C 0 R P 0 R A T E D
~I PROFESSIONAL SURVEYORS AND MAPPERS
CERTIFICATE OF AUTHORIZATION LB 4108
CORPORATE OFFICE 7ALLAHASSEE OFFICE
PO 80X i469 •1505 $W MARTM XWY. 1990 COMMONWEALTH LAI
PALM C~TY, FL 3499~ TALLAHASSEE, F~ }230
(eoo) ~as-ioee (aso) sw-aass
COPYRIGHT OO 2006 BY GCY, INC., PROFESStONAL SURVEYORS AND MAPPERS Drowing Nome: Tree Preserve Areas.dwg
. . . ..... ._._ __._
~.Xl"ilblt ~~Bn .
ri
S89°54'31"E-60.83' N60°57'24"E
49.64'
N 03'19' 58"W
' 49.88'
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~ WEST LINE OF ^
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° OF SECTION 24
'
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z N 11 '00
43
37.69~
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SOUTHEAST CORNER
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ARTER OF
23 24 ONE-QU
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~ 4
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~`~ ~ S89°18'S8"E ~ ~' y y ~
26 25 2616.94' 25
S89°17'46"E
866.56'
S00°42' 14"W ~
1790. 26'
COMMENCEMENT
(SOUTHWEST CORNER POINT OF ~
OF SECTION ~24, BEGINNING
TOwNSHIP 36 SOUTH, CONSERVATION
RANGE 38 EAST) AREA #1
(1.48t acres)
~
0
~
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~09
CONSERVATION AREA #2
(0.38± ocres)
12"51'46"W
78.16'
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c~
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NOT TO
SCALE
24 : 19
N81°34'10"E ~o6~~E o
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6SS 46.99' + m
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2 CORRECTED SPELLING OF SOUTHWEST 4/20/09 MRW
~ REVISED DESCRIPTION, CHANGED SHEET /JS 2/8/08 MRW
N0. REVISIONS DATE BY
] N C 0 R P 0 R A T E D
PROFESSIONAL SURVEYORS AND MAPPERS
CERTIFICATE OF AUTHOA12AT10N LB 4108
CORPORATE OFFICE TALLAMASSEE OFFICE
PO BOX 7469•1505 SW MAR71N HWY. /990 COMMONWEALTH ~ANE
PAL~ Ci7Y. FL 34991 TALUNASSEE, FL 32303
(800) 386-1066 (850) 536-8455
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SKETCH AND LEGA~ DESCRIPTION FOR:
GINN WSL Ltd. LLLP
ST, LUCIE COUNTY, FLORIDA
Scole: Dote: F~ie & Drowing No.:
N/A 1/2008 04-1039-12-39
Drow~ By. Checked: Sheel
MRW GCY 3 oF 3
COPIRIGHT OO 2006 BY GCY, INC., PROFESSIONAL SURVEYORS AND MAPPERS Drawing Name: Iree Preserve Areos.dwg