HomeMy WebLinkAbout11-136RESOLUTION NO. 1 l -136
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, that:
The foregoing CONSERVATION EASEMENT is duly accepted on behalf of St. Lucie
County this 6'h day of SEPTEMBER, 2011.
ATTEST:
5:\ACQ\WP\Conservation Easements\King Neptune Estates\Resolution No. i1-136.wpd
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
APPROVED AS TO FORM AND
CORRECTNESS:
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3632310 09/26/2011 at 02:51 PM
OR BOOK 3327 PAGE 905 - 928 Doc Type: EASMT
RECORDING: $205.50
SAINT LUCIE COUNTY DEED OF CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT REPLACES A DEED OF CONSERVATION
EASEMENT RECORDED 1N OFFICIAL RECORD BOOK 3311, PAGE 1957, ST. LUCIE
COUNTY, FLORIDA.
THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given
this a ~ ~ day of August, 2011, by King Neptune Development Corp. ("Grantor") whose
mailing address is 1425 SW Village Green Drive Port Saint Lucie, FL 34952 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" 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 development of a (12) 3 story residential
condominiums ("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 King Neptune Condominium Association to be recorded in the
Official Public Records of St. Lucie County, Florida ("Declaration"); and
WHEREAS, the County approved the Major Site Plan for the Project pursuant to Resolution
No GM-06-028 ("Resolution"); and
~ WHEREAS, the Resolution requires that King Neptune Condominium Association
~ ("Association") maintain, in perpetuity, that portion of the Property designated as preserve area
~ ("Conservation Area") as more particularly described in Exhibit "B" attached hereto and
incorporated herein by this reference; and
0
~' 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 Monitoring Plan ("Management
Plan"), attached hereto as "Exhibit C"; 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.
IA/OR iR1 7A1 ~R7,i717/17~M7
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:
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. Purpose. It is the purpose of this Conservation Easement to retain land or water
areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and
to retain such areas as suitable habitat for fish, plants or wildlife. 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 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 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 use; and
c. To enter upon the property of the Grantor to connect the Conservation
Area to a bona fide system of trails, greenways or other non-vehicular system.
3. Prohibited Uses. Except for exotic vegetation removal, replanting with
appropriate native vegetation, vine control, 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. 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;
i~~a aa~ ~~~ ~a~,.~ ~~i~onnn~
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 RiEhts. 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. This includes any rights to a dock or to build in accordance with an
improved site plan.
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, except as
provided in Paragraph 2(c), above.
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 Grantor 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 Tages. 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 by 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 breach
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.
11. Maintenance Obligations of Association. The Association shall maintain in
perpetuity, the Conservation Area in accordance with the Management Plan. Such maintenance
i~ma aae 7A~ ~R7..7 17/~71`7M7 .,
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 Easement 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 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 Property.
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. 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.
17. Extinguishment. If circumstances arise in the future such as render the purpose
of this Easement impossible to accomplish, this Easement can only be terminated or
extinguished, whether in whole or in part, by judicial proceedings in a court of competent
jurisdiction, and the amount of the proceeds to which Grantee shall be entitled, after the
satisfaction of prior claims, from any sale, exchange or voluntary conversion of all or any portion
of the Property subsequent to such termination or extinguishment, shall be determined, unless
otherwise provided by Florida law at the time, in accordance with paragraph 18. Grantor
believes that any changes in the use of neighboring properties will increase the benefit to the
public of the continuation of this Easement, and Grantor and Grantee intend that any such
changes shall not be deemed to be circumstances justifying the termination or extinguishment of
this Easement. In addition, the inability of Grantor to conduct or implement any or all of the
uses allowed under the terms of this Easement, or the unprofitability of doing so, shall not impair
the validity of this Easement or be considered grounds for its termination or extinguishment.
18. Proceeds. This Easement constitutes a real property interest immediately vested
in Grantee, which, for the purposes of paragraph 17, the parties stipulate to have a fair market
value determined by multiplying the fair market value of the Property unencumbered by the
Easement (minus any increase in value after the date of this grant attributable to improvements)
by the ratio of the value of the Easement at the time of this grant to the value of the Property,
without deduction for the value of the Easement, at the time of this grant. For the purposes of
this paragraph, the ratio of the value of the Easement to the value of the Property unencumbered
by the Easement shall remain constant.
u~a ~a~ ~.~~ oa~,n ~~i~~nnn~
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 Winning in perpetuity with the Properly.
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.
INOQ !R1 7A! 'SRZu7 4'}!i']t7lY17
IN WITNESS WHEREOF, Aurelio F. Pereira, as President of King Neptune Development
Corp. has hereunto set its authorized hand this 26`}' day of August, 2011.
Signed, sealed and delivered
in our presence as witnesses:
.~
By: c. Q.u~.i-
Prirlt ame: ~ ~-~ el C.~Caus;
By:
Prin
STATE OF FLORIDA
COUNTY OF ST LUCIE
KING NEPTUNE DEVELOPMENT CORP.
BY:
Aurelio F. Pereira, President
The foregoing instrument was acknowledged before me this 26`h day of August, 2011, by
Aurelio F. Pereira, as President of King Neptune Development Corp. on its behalf, who is
personally known to me, or who has p
[NOTARIAL SEAL]
` `~~~~ `~ ~ M a r i e ~ R % e y ~ ~ ~ i,~~~~
roduced a Driver's Licens-eya~s identific~a~ti~on.
Notary: I V~~,te,~~,~.rz~
Print m ~
Notary P lic, State of Florida
My commission expires:
WPB 381, 741, 367v7 12/12/2007 6
MORTGAGEE JOINDER, CONSENT AND SUBORDINATION
For Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and
receipt of which are hereby acknowledged, Grand Bank and Trust ("Mortgagee"), the owner and
holder of an Amended and Restated Commercial Mortgage recorded 9/28/2010, in the original
principal amount of $400,000.00 given by Grand Bank and Trust encumbering the real property
described on Exhibit "A" attached hereto ("Property"), which is recorded in Official Records
Book 3233, at Page 1894, (together with that certain Assignment of Rents and Leases recorded
in Official Records Book 2946, at Page 1482 and that certain Amendment to UCC-1
Financing Statement recorded in Official Records Book 2946, at Page 1528), 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 hereinafter referred to as the "Mortgage"), hereby joins
in, consents 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 King Neptune Development Corp., in favor of St. Lucie County applicable to the
Property ("Easement"), as said Easement may be modified, amended 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 Joinder, Consent and Subordination is made
this ~,~'day of A~4JS~ZO11.
Mortgagee:
By: ~l< /.
Print Name: J'V)q.~,~C 'r Ci osr,.
Title: SEN ~v ~ V ~ ~ ~ nts~ y~n+~
WITNESSES:
B ~~ ~ ~
Print Name: `~j~L ~t~~ ~~~~;~Q/-1 ~~
Print Name: /~c, ~Ff C~.~ ,_<,.-
inioR au~ ~e~ oa~~n ~~i~oi~nm -,
STATE OF FLORIDA
~ ss.:
COUNTY OF IE )
P,4~-~v~ ~~-e-t~
The foregoing instrument was acknowledged before me this ~~ day of (>• , 2011, by
~ C , as S U P~ of~ ~ ,g.-rv,D lh~•;L `iC' ~~;~n it behalf, o is p~j~'sonally
n to e, or who has produced as i e tifica ~ n. ///
Notary:
[NOTARIAL SEAL] Print Name: of Florida
Notary Public, St t Margarita Ponte
My commission ex ii ~p`~ My Commission EE117625
RV' FY IMC n~' 1Mfl1~
uioa oQ~ ~d~ aa~,n ~~i~~i~nm
ExxIBiT «A„
[DESCRIPTION OF PROPERTY]
LEGAL AESCRIP'TJ'lJN«
Af()Y?TH ~T ~'~ ~~ a~c'+" ~~" p;'~r '4~'' r° ~'°~Ar ~re€a av trcc.ar
PAS ~' ~ T1NE
QQQK 7, PACE !.~ fat-BLAC RECOMPDS OF ST. Lt/G9F T RJGt1T GIK' !!'iiY ,Ka1~SE~T~ 10? ~E
tilV£ AS SHE fJN FLA't1D~4 ~pARLii~NT CEF iA'.41u£~KMP
z - r°?
T061Eit/E~4 1NTn- TTlE' NUI?7!i f,~9? ~'T OF PARL7EC~N, ST itiL~' COUNYY. ft~ORAf1A, ~ ~ Ctf' THE' {g9E'ST
fTlfO 1N PKAT BG~-r 7, PAG7E l~ ~ ~~ to 77~CJIN RIGHT ~ WAS MAP ~~'!
9~9--147 (SST xAS I~ bN 4N fCA DEP~1:~R'iKE11T QF IRANSPIIR
WPB 381, 741, 367v7 12/12/2007
EXHIBIT
N
d
DD Ilpll
L7
SKETCH OF DESCRIPTION
FOR
CONSERVATION AREA
SURVEYORS /VOTES.•
1. TH/S SKETCH OF LEGAL DESCR/PT/ON DOES NOT REPRESENT A BOUNDARY SURI/EY.
2. THE BEAR/NG BASE OF TH/S SKETCH OF LEGAL DESCR/PT/ON /S S89 4156 "W ALONG
NORTH L/NE OF THE SOUTH 400 FEET OF PARCEL 'G'
3. THE /NFORMAT/ON WAS PROI//DED BY "l//LLADELTA HOMES"
4. CONSERVA 710N EASEMENT DEL/NEA TED BY D. SASKOWSK/, JULY 6, 1998.
5. ADD/T/ONS OR DELFT/ONS TO SURI/EY MAP OR REPORTS BY OTHER THAN THE
S/GN/NG PARTY OR PART/ES /S PROH/B/TED W/THOUT WR/TTEN CONSENT OF THE
S/GN/NG PARTY OR PART/ES.
SURVEYORS CERT/F/C4T/ON.•
SURVEY MAP AND REPORT OR THE COP/ES THEREOF ARE NOT l/AL/D W/THOUT THE
S/GNA LURE AND THE OR/G/NAL RA/SED SEAL OF A FL OR/DA L /CENSED SUR l/EYOR AND
MAPPER.
ROBERT BLOOMSTER
PROFESS/ONAL LAND SUR l/EYOR
NO. 4134 STATE OF FL OR/DA
NOT I/AUD WITHOUT SHEETS 2 ~ 3 OF 3
~ °~
BLOOMSTER ~,~
D DA1`
PROFESSIONAL LAN
SURVEYORS INC. ~ : ~ o e
naroa- t.s. / sots REVI90NS
641 NORTHEAST SPENCER STREET e~/~ii ~ ~ ovu
JENSEN BEACH. FLORIDA 34957
PHONE 772-334-0868
S~TCS TO ACCOMPANY L1~CAL DaSCRIPTION
PREPARED FOR.• KING NEPTUNE ESTATES
Sl7F LOCH 1F0.•
ST. LUGYE COUNTY, FLOR/DA
SKETCH OF DESCRIPTION
FOR
CONSERVATION AREA
LEGAL DESCR/PT/O/V.•
A CONSERt/ATION EASEMENT LY/NG /N A PORT/ON OF PARCEL 'G; LESS THE NORTH 400 FEET, F.E.
ENGLAR SUR BEY PLAT, ACCORD/NG TO THE PLAT F/LED /N PLAT BOOK 7, PAGE 13, PUBL/C
RECORDS OF ST. L UCIE COUNTY, FL OR/DA, L Y/NG WEST OF THE WEST R/GHT OF WA Y L/NE AS
SHOWN ON FLOR/DA DEPARTMENT OF TRANSPORTA 770N R/GHT OF WA Y MAP SECTION 9405-107
(SHEET 2 - 10)
TOGETHER WI TH THE NORTH 156.92 FEET OF PARCEL fl ; F.E. ENGLAR SUR I/EY PLAT, ACCORD/NG
TO THE PLAT F/LED /N PLAT BOOK 7, PAGE 13, PUBL/C RECORDS OF ST. LUCIE COUNTY, FLOR/DA,
L PING WEST OF THE WEST R/GHT OF WA Y L/NE AS SHOWN ON FLOR/DA DEPARTMENT OF
TRANSPORTA TlON RIGHT OF WA Y MAP SECTION 9405-107 (SHEET 2 - 10).
BE/NG MORE PART/CULARL Y DESCR/BED AS FOLLOWS.•
COMMENCE A T A POINT OF /NTERSECTION WITH SA/D WESTERL Y R/GHT OF WA Y LINE OF STA TE
ROAD A -1-A AND THE NORTH L/NE OF THE SOUTH 400 FEET OF SAID PARCEL 'G ; THENCE
SOUTH 89 4156" WEST, ALONG SA/D NORTH LINE, A DISTANCE OF 259.06 FEET TO THE POINT OF
BEG/NN/NG; THENCE CON77NUE SOUTH 8941'56" WEST, A D/STANCE OF 835.10 FEET TO A POINT
ON THE MEAN H/GH WA TER L/NE AS L OCA TED MARCH 27, 2007 (ELEI/A T/ON = 0.74 ; NG I/D 1929);
THENCE FOR THE FOLLOW/NG TWENTY-ONE (21) COURSES ALONG SA/D MEAN HIGH WA TER L/NE,•
7~1E/VCE SOUTH 40'3329" EAST, A D/STANCE OF 12.43 FEET,• THENCE SDUTH 5839'15" EAST, A
D/STANCE OF 16.39 FEET,• THENCE SOUTH 4642 41 " EAST, A DISTANCE OF 33.95 FEET,• THENCE
SOUTH 4100'53" EAST, A D/STANCE OF 33.52 FEET,• THENCE SOUTH 6232'32" EAST, A D/STANCE
OF 37.47 FEET,• THENCE SOUTH 69'13'19" EAST, A D/STANCE OF 31.20 FEET,• THENCE SOUTH
2940 41 " EAST, A D/STANCE OF 30.72 FEET,• THENCE SOUTH 5628'13" EAST, A DISTANCE OF
30.66 FEET,• THENCE SOUTH 52 55'26" EAST, A DISTANCE OF 32.69 FEET,• THENCE SOUTH
1126'23" EAST, A DISTANCE OF 26.53; THENCE SOUTH 0233'21 " WEST, A DISTANCE OF 20.92
FEET,• THENCE SOUTH 19 52'22" EAST, A DISTANCE OF 16.73 FEET,• THENCE SOUTH 2724 42"
EAST, A DISTANCE OF 25.79 FEET,• THENCE SOUTH 16'12'01 " EAST, A DISTANCE OF 25.80 FEET,•
THENCE SOUTH 1549'58" EAST, A DISTANCE OF 25.63 FEET,• THENCE SOUTH 1148'36" EAST, A
DISTANCE OF 23.54 FEET,• THENCE SOUTH 21'17'06" EAST, A D/STANCE OF 29.12 FEET,• THENCE
SOUTH 3541'46" EAST, A D/STANCE OF 28.16 FEET,• THENCE SOUTH 2522'37" EAST, A D/STANCE
OF 16.91 FEET,• THENCE SOUTH 2246 09" EAST, A DISTANCE OF 19.54 FEET,• THENCE SDUTH
0731'20" EAST, A D/STANCE OF 9.14 FEET TO THE SOUTH L/NE OF THE NORTH 156.92 FEET OF
SAID PARCEL 'H;• THENCE SOUTH 89 58'05" EAST, A DISTANCE OF 477.35 FEET,• THENCE
DEPARTING SA/D SOUTH L/NE, NORTH 33'46 08" EAST, A DISTANCE OF 54.56 FEET,• THENCE
NORTH 34 25 47" EAST, A D/STANCE OF 55.27 FEET,• THENCE NORTH 31 '18'58" EAST, A D/STANCE
OF 61.51 FEET,• THENCE NORTH 7122'00" EAST, A D/STANCE OF 23.00 FEET,• THENCE SOUTH
3177'54" EAST, A D/STANCE OF 70.37 FEET,• THENCE SOUTH 1046'13" EAST, A D/STANCE OF
54.20 FEET,• THENCE SOUTH 0351'05° WEST, A DISTANCE OF 37.65 FEET TO A POINT ON SA/D
SOUTH L/NE OF NORTH 156.92 FEET OF PARCEL H;• THENCE SOUTH 89 58'05" EAST, ALONG SA/D
SOUTH L/NE, A D/STANCE OF 231.14 FEET,• THENCE NORTH 5831'09" WEST, A D/STANCE OF
159.83 FEET,• THENCE NORTH 3337'52" WEST, A DISTANCE OF 61.16 FEET,• THENCE NORTH
0676'06" WEST, A DISTANCE OF 59.72 FEET,• THENCE NORTH 0037'47" EAST, A DISTANCE OF
62.45 FEET,• THENCE NORTH 47'10'24" WEST, A DISTANCE OF 60.62 FEET,• THENCE NORTH
26 55'37" WEST, A D/STANCE OF 42 50 FEET,• THENCE NORTH 50;35'38" WEST, A DISTANCE OF
44.65 FEET,• THENCE NORTH 46 02'32" WEST, A DISTANCE OF 29.89 FEET,• THENCE NORTH
3349'57" WEST, A DISTANCE OF 35.01 FEET TO THE POINT OF BEG/NNING.
CONTA/NING.• 311097.69 SQUARE FEET.
SHEET 2 OF 3 (NOT Ti7 SCALE)
NOT BAUD WITHOUT SHEETS 1 ~ 3 OF 3
SKETCH OF DESCRIPTION
FOR
CONSERVATION AREA
SNOVa',pR~ppfN~U) /
ps ASP t 2 1 i A
LINE ~tM~t5 'o~~~EE P~ A' ~
oR °~RSECnoN Sao ~~A R~
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/ WES~R~Y R/W w
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/t ~ ~ UPLAND I ~
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oMMEN h Bsu°E
~F C N ~1 ,
P~Nt + .3 L-3 k L-33 L- Z~ L-28
i ~ L-27~ ~
~ ~ L~26
o ~ y ~ UPLAND
o ~ / ~ ~ ~ -25
L-24
L-36
L-37
38 L-23
R U / V I
~v `~ ~ L/MITS OF L-
~ W
~ ~ CONSERVATION I
v ~ a EASEMENT
~A o ~
~' p ~ ~
W ~~ o
W m ~~. ~ ~ .,. i
W W ~ 3 ~ ~ M~j ~ ~e ~
~ O
~ ~
J
W h ~ hhl~ 2
W Z
I NORTH 156.92'
I00' (NOT 10 SCALE) ? OF PARCEL ?/'
MNW EL. 0.74' NGVD 1929
(LOCATED ON 3/27/07)
(526. B4 L/NEAR FEET OF SNOREL/NE)
LEGEND.•
NGID = NAAONAL GEODEAC VERTICAL DATUM
MHW =MEAN H/GH WA7FR
R/It' =RIGHT OF WAY
APB =PLAT BOOK
PG =PAGE
ORB = OFfIC/AL RECORDS BOOK
LF =LINEAR FEET
.='`O~
mU
~W
~~
~~
10. y
W ~J
Z 2y
W~
W ~~
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o~
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O
JZ
~2
~~
L/NE TABLE
L-1 5403329E 12.43
L-2 55839'15 E 16.39"
L-3 S46 42 41 E 33.95'
L-4 S41 ~0 53 E 33.52'
L-5 S6232:32 E
' 37.47'
"
L-6 S6973
19 E 31.20
L-7 S29 40'41 E 30.72'
L-8 S5678'13 E 30.66'
L -9 S52 55 26 E 32.69'
L-10 S1126 ~3 E 26.53'
'
L-11 S023321 W 20.92
L-12 Sf952~2;~• 16.73'
'
L -13 S2774 42 E 25.79
L-14 S167201 E 5.80'
L-f5 S154958 E• 25.63'
L-16 S114B;36;~' 23.54'
L-17 52177'06,€ 29.12'
'
L -18 535'41 46 E 28.16
L-19 S2522;37"
f• 16.91'
L-2 ~
S22 46 09 E 19.54'
L-21 S073120 E 9.14'
L-22 N33'46 08"E 54.56'
L-23 N34 25'47"E 55.27'
L-24 N31'1B5B E 61.51'
L -25 N71 22 00 E 23.00'
L-26 S31'17'54 E 70.37'
L-2 S10'46'13"E 54.20'
L-28 S03'S105"W 37.65'
L-29 S89'58'05 E 231.14"
L-30 N58'3109"W 159.83"
L-31 N33'37'52"W 61.16"
L-32 N06'16 06"W 59.72'
L-33 N00'57 47 E 62.45'
L-34 N47'10;24"W 60.62'
L-35 N26 55 37"W 42.50'
L -36 N50'35 ;38"W 44.65'
L-37 N46'0232"W 29.89'
L-38 N33'49'57"W 35.01'
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Environmental -~ ervices, Inc. EXHIBIT
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3
PRESERVE AREA MANAGEMENT PLAN
For
King Neptune Estates Condominium
Association
Prepazed for:
Vi1laDelta Homes Corporation
1425 SE Village Green Drive
Port St. Lucie, FL 34952
and
St. Lucie County
Environmental Resources Division
2300 Virginia Avenue
Fort Pierce, FL 34982
Prepazed by:
DLS Environmental Services, Inc.
1901 SW Yellowtail Avenue
Port St. Lucie, FL 34953
August 2011
phone: 772-215-3997 fax: 772-879-4520 email: dannas~dlsenvironmentalservices.com
address: 1901 SW Yellowtail Avenue, Port St. Lucie, FL 34953
web: www. dlsenvironmentalservi~.~es. com
TABLE OFCONTENTS
SECTION
PAGE
1.0 INTRODUCTION ............................................................................................ l
2.0 SILT FENCING AND PROTECTION BARRICADES .................................. 1
3.0 RESTORATION OF 50-FOOT UPLAND BUFFER ....................................... 1
4.0 PRESERVE AREA MANAGEMENT ............................................................. 2
5.0 RESTORATION AND MAINTENANCE ACTIVITIES .................................... 3
5.1 EXOTIC PLANT REMOVAL .......................................................................... 3
5.2 REVEGETATION ............................................................................................. 3
5.3 VEGETATION REMOVAL ............................................................................. 4
5.4 OTHER RESTORATION AND MAINTENANCE ACTIVITIES .................. 4
6.0 MONITORING AND REPORTING ................................................................ 4
7.0 PRESERVE AREA SIGNAGE ........................................................................ 5
8.0 RESPONSIBILI'I'Y ........................................................................................... 5
9.0 TRANSER OF OWERSHIP ............................................................................. 5
FIGURES
Figure 1-Location Map
Figure 2 - Transect Location
Figure 3 -Photo Station Locations
Figure 4 - Signage
1.0 INTRODUCTION
King Neptune Estates consists of a 9.5 acre parcel of land located on south Hutchinson
Island in an unincorporated portion of St. Lucie County. The project site is located on the
west side of State Road AlA about 1.5 miles north of the Jensen Beach Causeway
(Figure 1 -Location Map). The 9.5 acre parcel extends from AlA west to the Indian
River Lagoon and consists of 2.43 acres of uplands along the eastern project boundary.
The development consists of amulti-family condominium development, associated road,
storm water management, and a wetland and upland buffer preserve azea. The upland
buffer preserve had been dominated by Brazilian pepper (Schinus terebinthifolius) prior
to exotic removal. The wetlands on the property aze dominated by red mangroves
(Rhizophora mangle) with white mangroves (Laguncularia racemosa) and black
mangroves (Avicennia germinans) present in the azeas of higher elevation.
2.0 SILT FENCING AND PROTECTION BARRICADES
Silt fencing and protection barricades during construction shall be provided per St. Lucie
County Land Development Regulations (Chapter 6.00.05 C). Silt fencing will be installed
and maintained to form a continuous unbroken boundary between the azea of approved
impact (per approved site plan) and the Preserve Area. Prior to commencement of any site
work the silt fence must be properly installed and must remain in good condition
throughout the duration of site construction. Special caze shall be taken that the Preserve
Area is properly marked and highly visible so that equipment operators can see the limits
of permitted construction activity. Protective barriers or protective designations shall
remain in place until removal is authorized by the Public Works Director, or his designee
(SLC ERD), or until issuance of a certificate of occupancy or other use authorization as
may be granted by the Public Works Duector, or his designee (St. Lucie County
Environmental Resources Division). In the event that any protective barriers aze removed
or altered and clearing activities aze conducted within an area identified for preserve under
the issued Vegetation Removal Permit, the Public Works Director, or his designee (St.
Lucie County Environmental Resources Division) is authorized to direct that all land
clearing and site alteration work at the site be stopped until the barriers are restored and
any necessary corrective actions taken to repair or replant any vegetation removed or
damaged as a result of these encroachments.
3.0 RESTORATION OF 50-FOOT UPLAND BUFFER
Quantities per approved landscape plan hence, replacement of the following;
Cabbabge palm (Sabal palmetto); 10 - 3-gal
Seagrape (Coccoloba uvifera); 10 - 3 gal
Live oak (Quercus virginana); 4 - 3 gal
Saw palmetto (Serena repens); 12 - 3 gal
Coralbean (Erythrina herbacea); 4 - 1 gal
White stopper (Eugenia axillaris); 4 - 1-gal
Spanish stopper (Eugenia foetida); 4 - 1-gal
Gumbo limbo (Bursera simarub); 4 - 3 gal
Mazlberry (Ardisia escallonoides); 12- 1-gal
Wild coffee (Psychotria nervosa); 20 - 1-gal
The actual species to be re-planted will depend upon availability at native nurseries at the
time work is preformed. Any substitutions made to the list above shall require approval
by St. Lucie County Environmental Resources Division.
4.0 PRESERVE AREA MANAGEMENT
The wetlands and associated upland buffer areas will continue to be maintained in
accordance with South Florida Water Management Deed of Conservation Easement,
recorded in the St. Lucie County public records (O.R. Book 2802, Page 2944).
Property owners are encouraged to enjoy the natural beauty of their Preserve Areas.
Although development of Preserve Areas is not allowed, passive uses, such as bird-
watching and other non-destructive uses of natural azeas aze encouraged, as long as they
do not affect the hydrology or vegetative cover of a Preserve Area
Activities prohibited in the Preserve Areas include, but are not limited to: construction;
dumping or placing building materials, soil, garbage, trash, or dead vegetation on or above
the ground; removal or destruction of native trees, shrubs or other native vegetation;
excavation or dredging of soil; diking or fencing; vehiculaz traffic including use by non-
motorized vehicles, recreational vehicles and off-road vehicles; permanent imgation;
trimming, pruning, or fertilization; and any other activities detrimental to drainage, flood
control, water conservation, erosion control or fish and wildlife conservation and
preservation.
No hazazdous material other than fuel for refueling on-site equipment may be stored
during construction. On-site fuel tanks may not be located within twenty-five (25) feet of
airy Preserve Areas and will be removed upon completion of construction work.
Development activities such as the construction of building pads for associated structures,
swales, or culverts for surface water management shall not alter the hydrology of adjacent
Preserve Areas. Nor shall any activities increase non-point source pollution in Preserve
Areas.
5.0 RESTORATION AND MAINTENANCE ACTIVITIES
Except for approved restoration and maintenance activities, Preserve Areas will be left
undisturbed. All maintenance of Preserve Areas will be in accordance with this PAMP.
Restoration and maintenance activities consisting of the following may be allowed within
Preserve Areas; exotic plant removal, revegetation with native plants; and removal of
plant material that is dead, diseased, or considered to be a safety hazard.
5.1 EXOTIC PLANT REMOVAL
Exotic vegetation shall be removed from Preserve Areas by the least ecologically-
damaging method available. Such methods include hand pulling, hand spading,
cutting with hand or chain saws and in-situ treatment with appropriate herbicides.
No debris, including dead plants, plant clippings or wood scraps, shall be allowed
in Preserve Areas. In addition, all dead plant material and exotic plant debris
removed from Preserve Areas shall be disposed of in aCounty-approved recycling
facility.
5.2 REVEGETATION
Any revegetation which might be necessary as a result of exotic removal or site
construction activities shall consist of native plant species representative of the
existing native plant community. This will ensure that the Preserve Areas maintain
indigenous plant associations. .
The follow is a list of recommended native plants for future preserves and
landscaped azeas, should restoration/replanting beneeded:
American beautyberry (Callicarpa Americana)
Wild coffee (Psychotria nervosa)
Black ironwood (Krugiodendron ferreum)
Blolly, Beeftree (Guapira discolor)
Buttonwood (Conocarpus erectus)
Cabbage palm (Sabal palmeno)
Cocoplum (Chyrsobalanus icaco)
Coontie (Zamia floridana)
Cord grass (Spartina spp.)
Coralbean (Erythrina herbacea)
East Coast dune sunflower (Helianthus debilis)
Florida gamagrass (Tripsacum floridanum)
Firebush (Hamelia patens)
Live oak (Quercus virginana)
Gumbo limbo (Bursera simarub)
Mazlberry (Ardisia escallonoides)
Muhly grass (Muhlenbergia capillaries)
Myrsine (Rapanea punctata)
Pazadise tree (Simarouba glauca)
Pond apple (Annona glabra)
Railroad vine (Ipomoea pes-caprae}
Saw palmetto (Serena repens)
Seagrape (Coccoloba uvifera)
Spanish stopper (Eugenia foetida)
Swamp lily (Crinum americanum)
Wax myrtle (Myrica cerifera)
White stopper (Eugenia axillaris)
White indigobeny (Randia aculeate)
The actual species to be re-planted will depend upon availability at native
nurseries at the time work is preformed. Any substitutions made to the list above
shall require approval by the St. Lucie County Environmental Resources Division.
53 VEGETATION REMOVAL
Dead or diseased plant material shall be removed from Preserve Areas upon
approval by the St. Lucie County Environmental Resources Division.
Revegetation may be required for any removed plant material. No debris,
including dead plants, plant clippings or wood scraps, shall be allowed in Preserve
Areas. All dead plant material and debris removed from Preserve Areas shall be
disposed of in aCounty-approved recycling facility.
5.4 OTHER RESTORATION AND MAINTENANCE ACTIVITIES
Alternative and innovative management techniques, which may provide for the
long-term viability and habitat value of the Preserve Areas and for protection
against imminent threats to public health and safety, may be approved by the St.
Lucie County Environmental Resources Division. In addition, the environmentally
friendly landscaping book, "Florida Yards and Neighborhoods Handbook"
referenced at: www.http://fyn.ifas.ufl.edu/materials/FYN Handbook vsept09.pdf
shall be utilized for maintenance and restoration procedures, including but not
limited to the following:
a) Right Plant, Right Place
b) Water Efficiently
c) Fertilize Appropriately
d) Mulch
e) Attract Wildlife
f) Control Yard Pests Responsibly
g) Recycle
h) Reduce Stormwater Run-off
i) Protect the Waterfront
6.0 MONITORING AND REPORTING
Annual monitoring will be conducted by a qualified environmental professional no later
than Mazch 1st of each yeaz. A report presenting the results of the annual monitoring will
be submitted by the environmental professional to St. Lucie County Environmental
Resources Division within thirty days of the completion of the monitoring. Included in
the Annual Monitoring Report will be a list of any violations of the PAMP during the
previous year, with recommendations for, and a schedule of, remedial actions and any
enhancement activities proposed for the coming year. All Annual Monitoring Reports
4
are due no later than March 31't of the year they are to be submitted. After the first five-
year period, the Preserve Areas may be subject to further monitoring and maintenance to
ensure environmental integrity and consistency with the provisions of the Plan.
The monitoring plan includes one transect established through the buffer preserve
(Figure 2). Data collection stations have been established along the transect in order to
document vegetative coverage. Vegetative coverage will be documented along the
transect line and data collection/photo stations shown on the Monitoring Plan Map
(Figure 3). Panoramic photos will be collected from each of the established monitoring
stations to provide documentation of vegetative coverage. The monitoring is to ensure
the nuisance and exotic vegetation removal is successful.
Each monitoring report will include recommendations for maintenance if necessary. The
threshold for maintenance requirements will be any azea that has five percent or more
total vegetative coverage by nuisance or exotic vegetation at any time during the
monitoring period. Maintenance of the upland buffer preserve will be provided in
perpetuity by the homeowners association in accordance with permit requirements.
7.0 PRESERVE AREA SIGNAGE
Preserve Areas will be posted with permanent signs. These signs will be at least 8% x 11
inches in size and will be posted in conspicuous locations along the Preserve Area
boundary, at a frequency of no less than one (1) sign per 100 feet. An example of the
Preserve Area Sign is included as Figure 4.
8.0 RESPONSIBILITY
Compliance with the terms of this PAMP includes submittal of an Annual Monitoring
Report each yeaz for a period of five years following completion of construction of the
surface water management system. The owner(s) of the lands to be preserved shall have
ultimate responsibility for the submittal of all Monitoring Reports.
9.0 TRANSER OF OWERSHIP
The St. Lucie County Environmental Resources Division shall be notified in writing
within thirty (30) days of transfer of ownership of any lands preserved by this PAMP.
Failure to notify will be considered as anon-compliance with the terms of this PAMP.
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Ground cover and shrub planting in all locations of buffer
Section 11, Township 37 S, Range_41E
Environmental
~ -Services, Inc.
1901 SW Yellowtail Avenue
Port Saint Lucie, FL 34953
Phone: 772-215997 Fax: 772-879-4520
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AUGUST 2011 I FIGURE 3
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Environmental Preserve Area Si na e
services, Inc. Preserve Area Management Plan
King Neptune Estates Condominium Association
1901 SW Yellowtail Avenue
Port Saint Lucie, FL 34963 South Hutchinson Island
Phone: 772-215997 Fax: 772-879-4520 Jensen Beach, St. Lucie County
www.dlsenvironmentalservices.com sc^~ NTS AUGUST 2011 FIGURE 4