HomeMy WebLinkAbout08-103EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3197380 04/2212008 at 03:45 PM
OR BOOK 2964 PAGE 1748 -1761 Doc Type: RESO/DEED
RESOLUTION NO. 08-103
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,
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Florida, that:
The foregoing CONSERVATION EASEMENT is duly accepted on behalf of St. Lucie
County this 25t" day of MARCH, 2008.
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
.
BY: ~
Chairmari
BY:
G:\ACQ\WP\Conservntion Easements\Queens Islnnd Preserve\Resolution No. 08-103.wpd
APPROVED AS TO FORM AND
CORRECTNE55:
Return recorded document to:
Marcia H. Langley Esq.
Greenberg Traurig, P.A.
5100 Town Center Circle, Suite 400
Boca Raton, Florida 33401
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given
this "~ day of ~~~, 2008, by ACORN REAL ESTATE, LLC, a Florida limited liability
company ("Grantor") whose mailing address is 1570 SE 14~' Court, Deerfield Beach, FL 33441 to
St. Lucie County, a political subdivision of the State of Florida ("Grantee") having an address of
2300 Virginia Avenue, Fort Pierce, FL 34982. As used herein, the term "Grantor" sha11 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 development of a single family residential
community known as Queens Island Preserve ("Project") on the Property, which is subject to the
regulatory jurisdiction of the St. Lucie County Board of County Commissioners ("County"); and
WHEREAS, the Property will be further subject to the Declaration of Covenants,
Conditions and Restrictions of The Queens Island Preserve Community Association, Inc. to be
recorded in the Official Public Records of St. Lucie County, Florida ("Declaration"); and
WI~EREAS, the County approved the Major Site Plan for the Project pursuant to Resolution
No. 07-291 ("Resolution"); and
WHEREAS, the Resolution requires that The Queens Island Preserve Community
Association, Inc., a Florida not for profit corporation ("Association") 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 Declaration provides that the maintenance of the Conservation Area is the
perpetual obligation of the Association; and
WHEREAS, the Resolution further requires that the Conservation Area be maintained in
accordance with that certain Preserve Area Management and Monitaring Plan, as modified from
time to time, subject to Grantee review and approval ("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.
WP8 381, 741, 367v8 3/3/2008
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
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 follows:
l. Recitals. The recitals hereinabove set forth are true and correct and are hereby
incorporated into and made a part of this Conservation Easement.
2. Pur ose. It is the purpose of this Conservation Easement to retain land or water
areas in their iiatural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and
to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or 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 enjoyinent 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 on o.r 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.
3. Prohibited Uses. Except for exotic vegetation removal, replanting with
appropriate native vegetation, vine control, trimming the vegetation along the dune crossovers
and the western mulch walking path, 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 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. Reinoval 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;
2
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 fencing.
4. Grantor's Reserved Ri6hts. Grantor reserves all 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 County rule, criteria, permit and the intent and purposes of
this Conservation Easement.
5. No Dedication. No right of access by the general public to any portion of the
Property or the Conservation Area is conveyed by this Conservation Easement.
6. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities
related to the operation, upkeep or maintenance of the Conservation Area.
7. Acts Beyond Grantor's ControL Nothing contained in this instrument shall be
construed to entitle Grantee to bring any action against Grantar for any injury to 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. Should any Conservation Area be injured or 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.
8. Property 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.
9. Enforcement bv Grantee. Enforcement of the terms, provisions and restrictions
of this Conservation 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 bi•each
hereof by Grantor or the Association, shall not be deemed or construed to be a waiver of
Grantee's rights hereunder.
10. Enforcement by Association. The Association shall take private enforcement
action against any member of the Association who violates the rules relating to the use and
maintenance of the Conservation Area as set forth in the Management Plan.
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11. Maintenance Obli~ations of Association. The Association 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. Assi~nment. Grantee will hold this Conservation Easement exclusively far
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 xemainder of the provisions of
this Coilservation Easement shall not be affected thereby, as long as the purpose of the
Conservation Easement is preserved.
14. Terms and Restrictions. Grantor shall insert the terms and restrictions of this
Conservation Easement in any subsequent deed or other legal instrument by which Grantor
divests itself of any interest in the Pxoperty.
15. Written Notice. All notices, consents, approvals or other cominunications
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. Modifications. 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 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 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.
4
IN WITNESS WIIEREOF, ACORN REAI,, ESTATE, LLC, a Florida limited liability
company, has hereunto set its authorized hand this ~~` day of f~`i ~"-``~-c~}`' , 2008.
Signed, sealed and delivered
in our presence as witnesses:
~~~~~~~
By: l' ~ t'~~
'P t Name• ~~/
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B ~
~ Print Name: ~C'p~,~( ~~~ t-,. l~rr~ ~
STATE OF FLORIDA )
COUNTY OF~ ~~ ~~~~~ )
ACORN REAL ESTATE, LLC, a Florida limited
liability company
By: Acorn Real Estate Development
Corporation, a Florida Corporatio , its
Manager ~~,~~'~,,,,.,.~~°` ~
By:
ss..
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The foregoing instrument was acknowledged before me this %" day of¢~~~ ~, 2008,
by ~.L~~G'~~~ ~ ~~ ~Fa~/~~ , as I~a~S ~r1~ ~~`~~YJ .~`~°l ~~ Fr ~~ I~~ G~~~~~• `°~~: °,~ Eg{R~ea1L~f=
Estate, LLC, on its behalf, who is per`sonally known to _me, or who has produced
as identification. ~4~~..~
~~
Notary:
[NOTARIAL SEAL] Print Name: ~~t~ E'~~.~ _
Notary Public, Stat of Florida
My commis io xpires:
~~,u,N~,... GAiI CASE
"'*s Nomry P~lic - S'~ d FlotftM
• •'~Ayc.~ionE~Ypfkl30.
Cananlqion ~ OD ~61f
~ 8oe0ed N~iae~l
WPB 381, 741, 367v8 3/3/2008 5
MORTGAGEE JOINDER, CONSENT AND SUBORDINATION
Fox Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and
receipt of which are hereby ackriowledged, Seacoast National Bank ("Mortgagee"), the owner
and holder of an Amended and Restated Comrnercial Mortgage recorded June 30, 2006, in the
original principal amount of $15,500,000 ~iven by Acorn Real Estate, LLC, encumbe~ing the
real property described on Exhibit "A" attached hereto ("Property"), which is recarded in
Official Records Book 2602, at Page 1386, (together with that certain Assignment of Rents and
Leases recorded in Official Records Book 2602, at Page 1382 and that certain Amendment to
UCC-1 Financing Statement recorded in Official Records Book 2602, at Page 1410), all of the
Public Records of St. Lucie County, Florida (said mortgage, assignment of leases and rents, and
UCC-1 Financing Statements, as modified, are hereinaftex referred to as the "Mortgage"), hereby
joins in, consents to and subardinates 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 Acorn Real Estate, LLC, in favor of St. Lucie County applicable to th~ Property
("Easement"), as said Easement may be modified, amended and assigned from time to time, ~vith
the ix~tent that the Mortgage shall be subject and subordinate to the Easement.
1N WITNESS WHEREOF, this Mortgagee Joinder, Consenfi and Subordination is made
this `~ day of ~~~~~, 2008.
Mortgagee:
Seacoast Nati 1
B ~~
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Print Narne: ~~~.~ ~j ~~~~5
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Title: .~-~ ~ nf ~ ~~l ~' '~-"~~ r rG(=~~-
WIT'NESSES:
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Print Name: ~:~~-~ ~~~~`~"''
WPB 381, 741, 367v8 3/~2008 6
STATE OF FLORIDA )
~~:,.~ ~ti ~`~~' ~c~: ) s s..
COUNTY OF ~~~T~E )
The foregoing instrument was acknowledged before me this ~~~"day of ~i r~~L , 20U8, by
~° ~ f o fC~~, ~~. ~.~~~ ~,;~r ~-~~~ ,~. ~~ , on its behalf, who is personally
~~~ ~~: i~~~ s , as `> ~ ~ ' ~ ~T
known to me, or who has pxoduced ~IL- ~~~as identification. ~`
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[NOT
Notary PubliC - StS6e ofi FfO~da
r Commissia- Ezp~s DeC ~~ ~
Commission # D~ `~8821g
Notary:.~.~. ~~`~.r.r:;~~ ~ t~:~~`C~f:4 _
Print Name:--~
Notary Public, State of Florida
My commission expires:
WPB 381,741,367v8 3/3/200$ 7
EXHIBIT "A"
THE NORTH 600 FEET OF THE SOUTH $00 FEET OF G4VERNMENT LOT 3, IN
SECTION 14, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY,
FL~RIDA, LESS AND EXCEPTING THEREFROM, THE RIGHT-OF-WAY FOR STATE
ROAD A-1-A.
TOGETHER WITH:
THE S~UTH 200 FEET OF GOVERNMENT LOT 3, LYING EAST O~ STATE ROAD A-
1-A, SECTION 14, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY,
FLORIDA.
LESS AND EXCEPT THE FO~.LOWING:
A PARCEL OF LAND BEING A PORTION OF GOVERNMENT LOT 3, LYING IN
SECTION 14, TOWNSHIP 34 SUUTH, RRNGE 40 EAST, ST. LUCIE CUUNTY,
FLORIDA, BEWG MC}RE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIhIN1NG AT THE INTERSECTION OF THE NORTH LINE OF TNE SOUTH 800
FEET OF SAID GOVERNMENT LOT 3 AND THE EAST L(NE OF THE PLAT OF
QUEEh1S CC}VE AS RECORDED IN PLAT BOOK ~ 1, PAGES 12A, 128, AND 12C,
PUBLIC RECORDS OF ST. LUCIE COUNTY, FL~RlDA; THENCE ALONG SAID EAST
LINE, SQUTH 01 °48'24" WEST, A DISTANCE OF 600.55 FEET TO A POINT ON THE
NORTH LINE OF THE SOUTH 200 FEET (~F SAID GOVERNME~JT LOT 3; THENCE
DEPARTING SAID EAST L1NE, NORTH 89°20'49" EAST ALONG SAID NORTH LINE,
A DISTANCE OF 1239.11 FEET; THENCE DEPARTING SAID ~IORTH LINE, NORTH
o ~ ~~
19 55 30 EAST, A DISTANCE OF 28.56 FEET; THENCE NORTH 21 °56'56° EAST, A
DISTANCE OF 23.94 FEET; THENCE NORTH 53°20'19" EAST, A DISTANCE OF
19.Q1 FEET; THENCE NORTH 41 °24'27" WEST, A DISTANCE UF 23.52 FEET;
THENCE NORTH 28°09'49" EAST, A DISTANCE C?F 43.93 FEET; THENCE NORTH
08°57'34" EAST, A DISTANCE OF 26.78 FEET; THENCE NORTH 40°13'44" EAST, A
QISTANCE 4F 37.01 FEET; THENCE NORTH 26°31'10" WEST, A DISTANCE OF
o ~ ~~
20.43 FEET; THENCE NCJRTH 74 22 00 WEST, A DISTANCE OF 18.$4 FEET;
THENCE SOUTH 88°21'11" WEST, A DISTANCE OF 31.24 FEET; THENCE NORTH
o , ~~
$0 3517 WEST, A DfSTANCE OF 41.00 FEET; THENGE SOUTH 86°22'2Q" WEST, A
DISTANGE OF 42.69 FEET; THENCE NORTH 86°48'21" WEST, A DISTANCE OF
16.73 FEET; THENCE NORTH 74 38 32 WEST, A DISTANCE OF 33.52 FEET;
THENCE NORTH
THENCE NORTH 80°32'33" WEST, A DISTANCE OF 38.14 FEET;
88°20'16" WEST, A DISTANCE ~F 32.97 FEET; THENCE SOUTH 82°05'29" WEST, A
DISTANCE 4F 23.13 FEET; THENGE NORTH 64°54'13" WEST, A DISTANCE OF
23.66 FEET;THENCE NORTH 80°25'15" WEST, A DISTANCE OF 55.62 FEET;
THENCE NORTH 71 °54'30" WEST, A DISTANCE UF 29.24 FEET; THENCE NORTH
88°50'23" WEST, A DISTANCE OF 50.46 FEET; THENCE NORTH $4°42'14" WEST, A
DISTANCE OF 39.23 FEET; THENCE SOUTH 72°01'56" WEST, A DISTANCE OF
22.21 FEET;THENCE N~RTH 84°21'06" WEST, A DISTANCE OF 30.22 FEET;
WP8 381, 741, 367v8 3/3/2008
THENCE NORTH 81°30'18" WEST, A DISTANCE OF 38.~0 FEET; THENGE NORTH
88°04'30" WEST, A DISTANCE OF 43.51 FEET; THENCE NORTH 83°43'49" WEST, A
DISTANCE OF 44.34 FEET; THENCE NORTH 82°36'29" WEST, A DISTANCE OF
42.2$ FEET; THENCE NORTH 78°23'20" WEST, A DISTANCE OF 37.60
FEET;THENCE SOUTH 79°Q2'49" WEST, A DISTANCE OF 28.32 FEET; THENGE
SOUTH 70°15'14" WEST, A DiSTANCE OF 14.~7 FEET; THENCE NORTH 20°15'30"
WEST, A DISTANCE OF ~ 1.15 FEET; THENCE NORTH 40°29'30" WEST, A
DISTANCE OF 15.75 FEET; THENCE NORTH 57°11'29" WEST, A DISTANCE ~F
~ ~ ~~
17.36 FEET; THENCE NORTH 00 3815 EAST, A DISTANCE OF 7.76 FEET;
THENCE NORTH Q2°41'53" WEST, A DISTANCE OF 5.41 FEET; THENCE NORTH
77°08'30" EAST, A DISTANCE OF 8.67 FEET; THENCE NORTH 80°50'52" EAST, A
DISTANCE OF 15.05 FEET; THENCE SOUTH 76°43'52" EAST, A DISTANCE OF
o ~ ~~
30.07 FEET; THENCE SOUTH 49 55 53 EAST, A DISTANCE 4F 15.67 FEET;
THENCE SOUTH 68°34'45" EAST, A DISTANCE OF 37.47 FEET; THEt~CE SOUTH
83°41'11" EAST, A D(STANCE OF 133.38 FEET; THENCE SOUTH 84°16'47" EAST, A
DISTANCE OF 35.74 FEET; THENCE NORTH 89°13'31" EAST, A DISTANCE 4F
26.76 FEET; THENCE SOUTH 86°39'33" EAST, A DISTANCE OF 20.05 FEET;
THENCE N~RTH 79°45'53" EAST, A DISTANCE UF 28.42 FEET; THENCE SOUTH
81 °29'08" EAST, A DISTANCE OF 36.37 FEET; THENCE SOUTH 87°04'46" EAST, A
DISTANCE OF 66.7Q FEET; THENCE SOUTH 70°10'20" EAST, A DISTANCE OF
30.69 FEET; THENCE S~UTH 82°39'~3" EAST, A DISTANCE OF 35.54 FEET;
THENCE SOUTH 84°55'17" EAST, A DISTANCE OF 35.74 FEET; THENCE SOUTH
76°00'08" EAST, A DISTAIVCE OF 19.67 FEET; THENCE NORTH 85°07'59" EAST, A
DISTANCE OF 22.70 FEET; THENCE SOUTH 5$°48'S1" EAST, A DISTANCE 4F
16.5$ FEET; THENCE NORTH 56°05'08" EAST, A DISTANCE OF 12.97 FEET;
THENCE S4UTH 69°49'31" EAST, A DISTANCE OF 38.59 FEET; THENCE SOUTH
$$°0'I'44" EAST, A DISTANCE OF 45.48 FEET; THENCE N4RTH 75°18'35" EAST, A
DISTANCE OF 22.77 FEET; TNENCE NORTH 70°39'59" EAST, A DISTANCE OF
22.21 FEET; THENCE SOUTH 72°33'26" EAST, A DISTANCE OF 39.10 FEET;
THENGE NORTH 54°09'24" EAST, A DISTANCE ~F 16.00 FEET; THENCE NORTH
09°21'12" WEST, A DISTANCE OF 29.95 FEET; THENCE NORTH 28°00'13" WEST, A
DISTANCE OF 34.71 FEET, THENCE ~IORTH 23°33'56" WEST, A DISTANCE OF
46.31 FEET; THENCE NORTH 32°49'11" EAST, A DISTANGE OF 13.67 FEET;
THENCE NORTH 1$°31'23" EAST, A DISTANCE OF 19.92 FEET; THENCE NORTH
$8°0$'43" WEST, A DISTANCE OF 18.54 FEET; THENCE NORTH 12°36'06" WEST, A
DISTANCE OF 41.84; THENCE NORTH 29°09'34" WEST, A DISTANCE OF 106.97
FEET; THENCE NORTH 17°26'34" WEST, A DISTANCE 34.36 FEET; THENCE
NORTH 06°02'02" WEST, A DISTANCE 18.42 FEET; THENCE NORTH 20°41'01"
WEST, A DISTANCE OF 19.37 FEET; THENCE NORTH 30°08'S2" WEST, A
DISTANCE OF 13.90 FEET; THENCE SOUTH 79°29'10" WEST, A DISTANCE OF
11.79 FEET; THENCE NORTH 18°29'18" WEST, A DISTANCE OF 10.45 FEET;
THENCE NORTN 30°53'19" EAST, A DISTANCE OF 12.49 FEET; THENCE NORTH
42 54 52 EAST, A DISTANCE OF 8.53 FEET TO A POINT ON THE AFORESAID
NQRTH LfNE OF THE SOUTH 80Q FEET OF GOVERNMENT LOT 3; THENCE
AL{~NG SAID N('JRTH LINE, SOUTH 89°20'49" WEST, A DISTANCE OF 1135.$0
FEET TO THE POINT OF BEGINNING.
WPB 381, 741,367v8 3/3/2008
CONTAINING 1N ALL 427,616 SQUARE FEET 4R 9.82 ACRES, MORE C?R LESS.
WPB 381, 741, 367v8 3/3/2008
DESCRIPTION & SKETCH
PREPARED FOR:
ACORN REAL ESTATE, LLC.
CONSERVATION EASEMENT
LEGEND:
LB = LICENSE BUSINESS
LS = LICENSE SURVEYOR
~ ORB = OFFICIAL RECORD BOOK
pB = PLAT BODK
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
ROW = RIGHT-OF-WAY
EX~IBIT B
SURVEYOR'S NOTES:
1. THIS DRAWING IS NOT A SURVEY.
2. ALL BEARINGS SHOWN HEREON ARE RELATIVE TO A BEARING OF NORTH 89°20'49" EAST
ALONG THE SOUTH LINE OF GOVERNMENT LOT 3, ST. LUCIE COUNTY, FLORIDA.
3. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE.
4. THE DESCRIPTION SKETCH AND THE QESCRIPTION TEXT COMPRISE THE
COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS
BOTH ACCOMPANY EACH OTHER.
5. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RA.15EC~ SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED
gY L~Dgt€tC LA~6~ S~1RV YING; INC.
6.'~~TE OF LEC~L~~~~P~`tU.~~l 2007
!.~DBEtc~
SUF~EYOR AND MAPPER
~'I~kTE No. 3613
CAD K:IAUTOCAD20001143440106-134\DWG\06-134-303.DWG
L I D B E RG L AN D REF K:IAUTOCADI
U RV EYI N G I N C^ FLD FB. P~' DATE 06-1 8-~~
S OFF K,p. 12/
J
LB 4431 675 West I~ndiantovrn Road. SuiEe 200,
/upiter, F'lo~-i.d.a. ssase TE'L. 561-?'46-8454 CKD D.C.L. SHEET ~ OF 3 DWG A06-134
DESCRIPTION & SKETCH
PREPARED FOR:
ACORN REAL ESTATE, LLC.
CONSERVATION EASEMENT
LEGAL DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF GOVERNMENT LOT 3, LYING IN SECTION 14, TOWNSHIP 34 SOUTH,
RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 5, AS SHOWN ON THE PLAT OF OCEAN VIEW ESTATES,
RECORDED IN PLAT BOOK 35, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID POINT ALSO
BEING A PO{NT OF INTERSECTION OF THE EAST RIGHT OF WAY LINE OF STATE ROAD A-1-A, AS SHOWN ON
FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP 94060-2250 AND THE NORTH LINE OF THE
SOUTH 800 FEET OF SAID GOVERNMENT LOT 3; THENCE NORTH 89°20'49" EAST, ALONG SAID NORTH LINE OF THE
SOUTH 800 FEET OF GOVERNMENT LOT 3 AND THE SOUTH LINE OF SAID LOT 5, A DISTANCE OF 94.47 FEET TO A
POINT ON THE COASTAL CONSTRUCTION CONTROL LINE AS ESTABLISHED IN 1978 AND SHOWN IN PLAT BOOK 19,
PAGE 8, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID POINT ALSO BEING THE POINT OF BEGINNING
FOR THE HEREINAFTER DESCRIBED PARCEL:
THENCE DEPARTING SAID NORTH LINE OF THE SOUTH 800 FEET OF GOVERNMENT LOT 3 AND SOUTH LINE OF SAID
LOT 5, ALONG SAID COASTAL CONSTRUCTION CONTROL LINE, SOUTH 23°26'18" EAST, A DISTANCE OF 860.28 FEET;
THENCE CONTINUE SOUTH 22°33'55" EAST ALONG SAID COASTAL CONSTRUCTION CONTROL LINE, A DISTANCE OF
7.39 FEET TO A POINT ON THE SOUTH LINE OF GOVERNMENT LOT 3, SAID POINT LYING 3169.40 FEET EAST OF THE
SOUTHWEST CORNER OF SAID SECTION 14 (AS MEASURED ALONG SAID SECTION LINE) ; THENCE DEPARTING SAID
COASTAL CONSTRUCTION CONTROL LINE, NORTH 89°20'49" EAST ALONG SAID SOUTH LINE OF GOVERNMENT LOT
3, A DISTANCE OF 220.05 FEET TO A POINT ON THE SEASONAL HIGH WATER LINE AS ESTABLISHED BY ELEVATION
6.89, NATIONAL GEODETIC VERTICAL DATUM OF 1929 (N.G.V.D. 29), AND LOCATED ON MAY 2, 2005, ; THENCE
DEPARTING SAID SOUTH LINE OF GOVERNMENT LOT 3, NORTH 23°38'16" WEST ALONG SAID SEASONAL HIGH
WATER LINE , A DISTANCE OF 74.38 FEET; THENCE CONTINUING ALONG SAID SEASONAL HIGH WATER LINE FOR
THE FOLLOWING EIGHT COURSES:
NORTH 24°19'38" WEST, A DISTANCE OF 114.73 FEET;
NORTH 25°38'42" WEST, A DISTANCE OF 104.48 FEET;
NORTH 19°47'41" WEST, A DISTANCE OF 110.54 FEET;
NORTH 25°50'38" WEST, A DISTANCE OF 101.55 FEET;
NORTH 22°59'27" WEST, A DISTANCE OF 108.08 FEET;
NORTH 29°12'31" WEST, A DISTANCE OF 93.53 FEET;
NORTH 22°14'37" WEST, A DISTANCE OF 107.52 FEET;
NORTH 24°59'03° WEST, A DISTANCE OF 58.53 FEET TO A POINT ON SAID NORTH LINE OF THE SOUTH 800 FEET OF
GOVERNMENT LOT 3 AND SOUTH LINE OF SAID LOT 5; THENCE ALONG SAID NORTH LINE OF THE SOUTH 800 FEET
OF GOVERNMENT LOT 3 AND SOUTH LINE OF SAID LOT 5, SOUTH 89°20'49" WEST, A DISTANCE OF 207.79 FEET TO
THE POINT OF BEGINNING.
CONTAINING IN ALL 172,268 SQUARE FEET OR 3.95 ACRES, MORE OR LESS.
LIDBERG LAND
SURVEYING INC.
~
LB 4431 695 West ln.diantovrn Roo.d, Suite 200,
Jupite~; Florida 33458 TEL. 56>-746-8454
K:WUTOCAD20001143440\06-1341DWG\06-134-303.DWG
~ REF K:WUTOCADI ~
FLD
OFF ~,K.O.
FB. PG.
~vo 06-134-303
DATE 12/18107
CKD D.C.L. ~ SHEET 2 OF 3
A06-134
e.~enTncnnanne~ia3aa0~06-734\d,.a\06-13a-303.d.g 3/7/2008 8~22~36 AM EST
DESCRIPTION & ~KETCN
PREPARED FOR:
ACORN REAL ESTATE, LLC.
CONSERVATION EASEMENT
`
` OCEAN VIEW
ESTATES
NORTH LINE, SOUTH
LOT 5 800', GOVERNMENT
P.B. 35, PG. 25 LOT 3 AND
\ P,Q,B, SOUTH LINE LOT 5
94.47' S89'20'49"W 207.79'
~ - P
O
C
~
"
'
.
.
. N24'S9
03
W
SOUTHWEST CARNER OF LOT 5 58.53
\
pCEAN VIEW ESTA7ES
P.B. 35, PG. 25
~ ' N22'14'37"W
` 107.52'
~ N29'12'31 "W
'
~
<
o 93.53
~
~
oy ~
~
~
N22'S9'27"w <
~
~
'~
~~ ` ~ ~
~ ~~8.~8
9
Z
~~y~ ~
~ ~
2 ` t~~
n n
oT .~ ~~~, a N25'S0'38"W o
~ ~ ~ '~9~~G ~ 1Oi.SS' n
o ~ ~ -~ \ ~ s ~ ~'_ ~"
o ~ s ~ c^ ~
' o92s 2 ` -o °2 tA Z
~ ~~ ~ ` ~ ~~02 °a
0 oyi ` ~ ~ ~• N19'47~41"W
y~o </ 110.54~ SEASONAI HIGH WATER LINE
~,O ` 2~, N.G.V.D. 7929 EL. = 6.89'
5~y LOCATED MAY 2, 2005
~ \
~
~-~ \ N25'38'42"W
y 104, 48~
~
~ ~
y~ N24'19'38"W
` 114.73'
SOUTHWEST CORNER, \
SECTION 14,
TOWNSHIP 34 \ N23~38~16~~W
SOUTH, RANGE 40 74.35
EAST \ S22'7 395~E
~
316~40~------- - ----
--------
~""- ~- ~ N89'20'49"E 220.05'
-------- ----------------- ~ 23 N89 20 49°E ~
(BEARING BASiS)
SOUTH LINE GOVERNMENT
150 7'rJ 0 150 3~~ LOT 3, SECTION 14,
TOWNSHIP 34 SOUTH, RANGE 40 EAST
GRAPHIC SCALE IN FEET
SCALE: 1" = 150'
LIDBERG LAND
SURVEYING INC.
~_
LB ~,~ 675 West lndiantown Roo.d, Suzte 200,
Ju~i.ter, Floriafa 83458 TEG S6f-746-8454
CAD K:IAUTOCAD2000\143440\06-1341DWG106-134-303.DWG
REF K:IAUTOCAD\
FLD FB. PG. ~~B 06-134-303
OFF ~ K p DATE 12119/2007
CKD D.C.L. SHEET 3 OF g DWG A06-134