HomeMy WebLinkAbout09-162RESOLUTION NO. 09-162
A RESOLUTION ACCEPTING A
CONSERVATION EASEMENT (with Archaeologicnl Site)
ON BEHALF OF ST. LUCIE COUNTY, FLORI~A
BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, thnt:
The foregoing CONSERVATION EASEMENT (with Archaeological Site) is duly
nccepted on behalf of St. Lucie County this 12th dny of MAY, 2009.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY: ,
Chair
~ ~
,. ,
.
~ ` ` ~-~-_-__.
~ ; .~!'-C~~.-~~ r'. . ~-~'- '~ '~
-eputy Clerk
BY:
5:\ACQ\WP\Conservntion Easements\Stark Ranch\Resolution No. 09-162.wpd
APPROVED AS TO FORM AND
CORRECTNE55:
Prepared by and returned to:
W. Lee Dobbins, Esq.
Dean, Mead, Minton & Zwemer
1903 South 25~' Street
Suite 200
Fort Pierce, FL 34947
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FI! E# 33453~4 QS114%2009 at 02:40 PM
OR BOOK 3089 PAGE 2270 - 2283 Doc Type: EASMT
RECORDING: $120.50
DEED OF CONSERVATION EASEMENT
(With Archaeological Site)
THIS DEED OF CONSERVATION EASEMENT is given this 1ri- day of
~~~,,,,b~- , 2008, by GTNN-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. LUCIE 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 "Properly" {as hereinafter defined) and the term Grantee shall include
any successor or assignee of Grantee.
WTTNESSETH
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 Couniy Board of County
Commissioners ("County"); and
WHEREAS, the County approved the Conditional Use Permit (the "PermiY') 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 Gran.tor is agreeable to granting and securing to the Grantee a
perpetual Conservation Area, as defined in Section 704.06, Flarida Statutes, over the
Conservation Area; and
WHEREAS, there is an archaeological site within the Conservation Area known
as Florida Department of State, Division of Historical Resources, Bureau of Historic
{00008574.2}
F0084205v3
Preservation, Florida Master Site Fi1e 8SL1684 depicted in Exhibit "C", attached hereta and
made a part hereof (the "Archaeological Site"); and
WHEREAS, the Grantor and the Grantee desire to provide additional protection
with regard to the Archaeological Site.
NOW, THEREFORE, in consideration of the issuance of the Permit to construct
and operate the permitted activity by the Grantor, together with other good and valuable
consideration, the adequacy and receipt of which is hereby acknowledged, the Grantor hereby
grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee
upon the Conservation Area which shall 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 Conservation Easement shall be as
fallows:
l. Recitals. The recitals hereinabove set forth are true a.nd correct and are hereby
incorporated into and made a part of this Conservation Easement.
2. Purpose. It is the purpose of this Conservation Easement to (a) retain land or
water areas in their natural, vegetative, hydrologic, scenic, open agricultural or wooded
condition, (b) retain such areas as suitable for fish, plants or wildlife, and (c) protect and preserve
all subsurface archaeological deposits. Those wetland and/or upland areas included in this
Conservation Easement shall be nnaintained in the conditions required by the Management Plan.
To carry out this purpose, the following rights are conveyed to the 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, including
the Project, and/or the future residen#s of the Property at the time of such entry; and
b. To enjoin any activity on 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 uses.
3. Prohibited Uses. Except for exotic vegetation removal, replanting with
appropriate native vegetation, vine control, trimxning the vegetation, removal of trash and debris
or other maintenance and monitoring activities described herein that are permitted or required by
the Resolution or the Management Plan, the follo~wing 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;
~o°~~~~a~'~~ 2
b. Dumping or placing of soil or other substance or material as Iandfill, or
durnping 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 ta affect the surface;
e. Surface use except for purposes that permit the land or water area to
remain in its natural or enhanced condition; and
f. 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 £encing.
4. Archeoiogical Site. The following requirements shall apply only to the
Archeological Site:
a. The removal of vegetation and ground disturbing activities shall be
prohibited, unless the vegetation to be removed is (i) part of a bona fide scientific excavation, (ii)
approved by the St. Lucie County Growth Management Department. or (iii) part of the
Management Plan; and
b. At least 24 hours prior to, and upon completion, of the activities within the
Archeological Site, the Grantor shall notify the Growth Management Department of the County.
Temporary construction fencing shall be placed around the boundary of the Archeological Site
prior to any ground disturbing activities including the removal or planting of vegetation; and
c. The clearing of exotic invasive vegetation within the Archeological Site
shall be conducted by hand cutting and the stumps eliminated with approved herbicides with no
soil disturbance within the Archeological Site. .An archeologist shall monitor any clearing,
grubbing, tree removal or plantings within the Archeological Site.
5. Grantor's Reserved Ri~hts. The Grantor reserves aIl rights as owner of the
Property, including the right to engage in uses of the Conservation 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.
6. No Dedication. No right of access by the general public to any portion of the
Properiy, the Conservation Area or the Archeological Site is conveyed by this Conservation
Easement.
7. Grantee's Liabilitv. The Grantee shall not be responsible for any costs or
liabilities related to the operation, upkeep or maintenance of the Conservation Area.
~~~~~a~~~
8. Acts Bevond Grantor's Control. Nothing contained in this instrument shall be
construed to entitle the Grantee to bring any action against the Grantor for any injury to or
change in any portion of the Properiy 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. Should the Conservation Area be injured or changed
from natural causes, including but not limited to fire, flood, stonn and earth movement, the
Grantor shall be provided notice and a reasonable opportunity to restore the 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. Pronertv Taxes. The 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 the 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 the Grantor shall reimburse the Grantee for the amount
paid by the Grantee, together with the Grantee's reasonable attomey'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 the f rantee shall
constitute a lien against the Canservation Area which shall automatically relate back ta the
recording date of this Easement. The Grantee may foreclose this lien on the Conservation Area
in the manner provided for mortgages on real property.
10. Enforcement by Grantee. Enforcement of the terms, provisions and restrictions
of this Conservation Easement shall be at the reasonable discretion of the Grantee, and any
forbearance on behalf of the Grantee to exercise its rights hereunder in the event of any breach
hereof by the Grantor, shall not be deemed or construed to be a waiver of the Grantee's rights
hereunder.
1 l. Maintenance Obli~ations of Grantor. The Grantor shall maintain in perpetuity,
the Conservation Area. Such maintenance shall include, but is not limited to, exotic vegetation
removal, replanting with appropriate native vegeta~ion, vine control, and removal of irash 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. Assi~nment. The Grantee will hold this Conservation Easement exclusively for
conservation purposes. The 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 sta.te laws.
13. Severabilitv. 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. The 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
~°o°~~~~a~~~ 4
Area, and any transferee shall accept sarne by acceptance of such deed or other legal instrument
of transfer.
15. Written Notice. All notices, consents, approvals or other communications
hereunder sha11 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. Modifications. This Conservation Easement may be amended, altered, released
ar 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 the 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 Property.
The Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said
Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent
vvith the terms of this Conservation Easement; and all mortgages and liens have been subordinated
to this Conservation Easement; and that the 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.
[Signature Page to Follow]
~°O°8~~~a~~~ 5
IN WITNESS WHEREOF,~~n~'La W~SL L~-d. LctP, has hereunto set its authorized
hand this3~s~'day of ~c~,.b~ , 2008.
Signed, sealed and delivered
in our presence as witnesses:
GR.ANTOR:
GINN-LA WSL LTD., LLLP, a Georgia limited
liability limited partnership
By: Ginn-WSL GP, LLC, a Georgia limited
liabili c pany, ~ General Partner
By:
P 0: ' '_`Y~
Its: c,e I,~
STATE OF ~ p'C \~CZ )
) ss.:
COUNTY OF C\~'~ )
The fore omg instrument was acknowledged before me this~`~ day of~~~2008,
by ~O~{1,~1 ~ ~(,~U.~IY~p~rl , as ~`~~(,,~ve ~(~ of Ginn-WSL GP, LLC, a
Georgia limited liability company, as General Partner of GINN-LA WSL _LTD._ ,__LLLP, a
Georgia limited Iiability limited partnership, on its behalf, who i ersonally known to me, r
who has produced as id tification.
~ ,
Notary: .
[NOTARIAL SEAL] Prinf Name: r~ Q~,1~
Notary Public, State of L
My commission expires: ~ 1 ~
~ 4.~~ P.,,,~ CARISSA GAMBILL
~~ `'~~: Notary Pubiic - State of Florlda
; My Commission Expires Apr 5, 2009
"%~ ~,d;` Commission # DD 414935
~",~~~~"•' Bonded By NaUonal NotaryAatn.
~o°~~~~a~'v3 6
MORTGAGEE CONSENT 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 arnount
of $27,300,000 given by GINN-LA WSL LTD, LLLP encumbering the real property described
on Exhibit "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 consezxts 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, to the foregoing Conservation Easement, executed by GINN-LA
u15~~ ~'~'L,, ?.L~.P ~._:. f~~,ler a~'~t. L~~,~P ~~~,::~tY a~,~lic~t~le t~ the s~~ei~:,d pGriion o~ ihe Properiy
described on Exhibit "B" as the "Conservation Easennent", as said Conservation Easement may
be modified, arxxended and assigned from time to time, with the intent that the Mortgage shall be
subject and subordinate to the Easement.
IN WITNESS WHEREOF, this Mortgagee Consent and Subordination is made this 14th
day of January , 2pp~8.9
WTT~IESSES:
By: ~ s ~ ~.,~~° ~ ~V~~.-° ,~~~
Print ame: Sha.ron Hake
By; ~~/~2~~Y.~~~~ ~~~ ''f~~
Print Name: Christina McClure
STATE OF In.diana
j ss..
CUUNTY OF Wayne )
Mortgagee:
METROPOLITAN LIFE INSURANCE
COMPANY, a New York corporation
s ~
P~ t Name: e r A. fman
Its: or
The foregoing instnunent was acknowledged before me this 14th day of Januarv, 240~9by
Jerry A.. Hof fman , as Director of METROPOLITAN LIFE
INSUR.ANCE COMPANY, a New York corporation, on its behalf, who is person~ly known to
me, c~x~r~~~~xixxxxxxxxxxx
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Notary: /"~"J / V V v v u ~.
Print Name: p~; ~~~~~ }~.~e~
Notary Public, State of Tn c~ i a n a
My commission expires: 10 / 29 / 1~
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 COLTNTY, 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 L1NE 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 RUN N 89° 58' 38" W ALONG THE
NORTH LINE 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 L1NE OR 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 L1NE 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 LINE 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 18220
FEET; THENCE S 77° 43' 06" W A DISTANCE OF 285.00 FEET TO THE EAST L1NE 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 LINE OF SAID LANDS
DESCRIBED 1N 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 L1NE OF THE WEST 100.00 FEET OF SECTION 34
AND THE EAST LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 176, PAGE
744; THENCE N 00°23'26 W, ALONG THE EAST L1NE OF THE WEST 100.00 FEET OF SECTION
34, A DISTANCE OF 60.03 FEET TO THE NORTH L1NE 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 LiNE 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 LINE OF SAID
SECTION 23 A DISTANCE OF 164.84 FEET TO THE SOUTH RIGHT-0F-WAY L1NE OF SOUTH
FLORIDA WATER MANAGEMENT DISTRICT CANAL C-24 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 LINE OF THOSE
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2643, PAGE 1877, A DISTANCE OF 595.00
FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE, ALONG THE EAST LINE OF THOSE
LANDS DESCRIBED 1N 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 LINE 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 LINE 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 LINE 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-OF-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 LINE 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 LINE 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 C-24 IN SECTION 23, TOWNSHIP 36 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY,
FLORIDA.
: _
Exhibit "B"
SURVEYOR NOTES
1.) THIS SKETCH AND LEGAL DESCRIPTION IS BASED ON OFFICE
INFORMATION ONLY AND DOES NOT REPRESENT A BOUNDARY SURVEY.
2.) THIS LEGAL DESCRIPTION SHALL 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 SOUTHEAST ONE-QUARTER OF SECTION 23, TOWNSHIP 36
SOUTH, RANGE 38 EAST, HAVING A BEARING OF SOUTH 89°59'11" WEST, 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 DESCRIBED 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 61G17-6, 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 16 09 ~
~ ~ ~~~
Date of Signature Mark R. Wendt
Profiessional Survey and Mapper
Florida Certificate No. 6163
l N0. I REVISIONS I DATE I BY ~
1 N C 0 R P 0 R A T E D
PROFESSIONAL SURVEYORS AND MAPPERS
CERTIF[CATE OF AUTHORIZATION LB 4308
CORPORATE OFFICE TALLAHASSEE OFFICE
PO BOX 1469•1505 SW AIARTIN HWY. 1990 COMMONWEALTH LANE
PALM CITY, FL 3A991 TALIAHASSEE, FL 32303
(800) 386-1066 (850) 536-8455
SKETCH OF LEGAL DESCRIPTION FOR:
GINN-LA WSL LTD, LLLP
ST. LUCIE COUNTY, FLORIDA
Scole: Date: File & Drawing No.:
N/A 4/09 04-1039-12-22
Drown By Checked: Sheet
MRW MRW 1 oF 3
COPIRIGHT OO 2006 BY GCY, INC., PROFESSIONAL SURVEYORS AND MAPPERS Drowing Nome: Palm Islond v2004
______ : .
Exltibit "~"
LEGAL DESCRlPTION
Being a parcel of land located in Section 23, Township 36 South, Range 38
East, St. Lucie County Florida, being more particularly described as follows:
Commence at the Southeast
thence South 89°59'11" West,
00°00'4 9" Wes t, a distance of
thence North 29°58'57" West,
thence North 02°18'58" East,
thence North 71 °37'39" East,
thence North 79°54'29" East,
thence North 73°49'07" East,
thence North 78'14'36" East,
thence South 01 °00'53" East,
thence South 09'08'31 " West,
thence South 26'14'46" West,
thence South 40°38'04" West,
thence South 79°00'15" West,
thence South 81 °59'15" West,
thence South 8436'33" West,
Beginni ng.
Corner of said Section 23,
a distance of 1185.54 feet; thence North
178.65 fee t; to the Point of Beginning,
a distance of 127.71 feet;
a distance of 134.53 feet;
a distance of 114.69 feet;
a distance of 90.74 feet;
a distance of 90.82 feet;
a distance of 170.01 feet;
a distance of 66.51 feet;
a distance of 116.29 feet;
a distance of 75.87 feet;
a distance of 86.44 feet;
a distance of 115.73 feet;
a distance of 80.84 feet;
a distance of 93.07 feet to the Point of
Containing 2.70 acres, more or less.
l N0. I REVISIONS I DATE I BY ~
_ ,
I N C 0 R P 0 R A T E D
PROFESSIONAL SURVEYORS AND MAPPERS
CERTIFICATE OF AUTHOAIZATION LB 4108 ~
CORPORATE OFFICE TALLAHASSEE OFFICE
PO BOX 7469 • 1505 SW MARTIN HWY. 1990 LOMNONWEALTH ~ANE
PALM C~T1'. FL 3<991 TALLAHASSEE, FL 3I303
` (800) 386-1066 (850) 536-8455_.
SKETCH OF LEGAL DESCRIPTION FOR:
GINN-LA VYSL LTD, LLLP
ST. LUCIE COUNTY, FLORIDA
Scole: Dote: File & Drowing No.:
N/A 4/09 04-1039-12-22
Drawn By Checked: Sheet
MRW MRW 2 oF 3
COPYRIGHT OO 2006 BY GCY, INC., PROFESSIONAL SURVEYORS AND MAPPERS Drawing Name: Polm Island v2004
.
Exhibit "~"
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23 I 23 24
Co~ ~ ~- _ S89'59'11 "W - 1185.54' „ ~~
26 SOUTH LINE OF SECTION 23 26 ~ 25
l N0. I REVISIONS I DATE I BY ~
I N C 0 R P 0 R A T E D
PROFESSIONAL SURVEYORS AND MAPPERS
CERTiFICATE OF AUTHORIZATION LB 4108
CORPORATE OFfICE TALLAHASSEE OFFICE
PO BO% 1469' 15QS $W MARTIN HWY. 1990 COMMONWEALTH LANE
PALM C~TY, FL 34991 TALUMASSEE, PL 32303
(800) SB6-1066 (850J 536-8455
SKETCH OF LEGAL DESCRIPTION FOR:
GINN-LA WSL LTD. u~ P
ST. LUCIE COUNTY, FLORIDA
Scale: Dote: File & Drowing No.:
N/A 4/09 04-1039-12-22
Drawn By. Checked: Sheet
MRW MRW 3 oF 3
COPYRIGHT OO 2006 BY GCY, INC., PROFESSIONAL SURVEYORS ANO MAPPERS Drawing Nome: Polm Island v2004
~~:hibit "C"
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