HomeMy WebLinkAboutcocc_holiday_inn_amended_conservation_agmt_20220303Prepared by and return to:
Anthony A. Garganese
Cape Canaveral City Attorney
Garganese, Weiss, Salzman & D'Agresta, P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
(407) 425-9566
CFN 2022057124, OR BK 9436 PAGE 1513,
Recorded 03/07/2022 at 03:42 PM, Rachel M. Sadoff,
Clerk of Courts, Brevard County
# Pgs:7
AMENDED CONSERVATION EASEMENT AGREEMENT
THIS AMENDED CONSERVATION EASEMENT AGREEMENT ("Amendment") is made
this ,3 ca day of Ma(Ch , 2022, by HOLIDAY INN CLUB VACATIONS INCORPORATED, a
Delaware corporation ("Grantor"), whose principal address is 9271 S. John Young Parkway,
Orlando, Florida 32819, in favor of the CITY OF CAPE CANAVERAL, a Florida municipal
corporation ("Grantee") whose address is 100 Polk Avenue, Cape Canaveral, Florida 32920.
WITNESSETH:
WHEREAS, Grantor is successor in title to Cape Caribe, Inc., who previously entered into
the Conservation Easement Agreement with the Grantee that was recorded April 6, 2011, in Official
Records Book 6362, Page 2497 ("Conservation Easement"); and
WHEREAS, Grantor acknowledges and agrees that the Conservation Easement remains in
full force and effect and Grantor fully warrants title to the Conservation Property, as legally defined
herein, and will warrant and defend the same against the lawful claims of all persons whomsoever;
and
WHEREAS, Grantor (or Grantor's predecessors in title) and Grantee entered into a Binding
Developers Agreement, recorded in Brevard County Official Record Book 6152, Page 2042,
together with Modification recorded in Official Records Book 6521, Page 1746, together with
Second Modification recorded in Official Records Book 7054, Page 2186, together with Third
Modification recorded in Official Records Book 8810, Page 1623 ("Developer's Agreement"),
related to the development of the real property which is legally described therein; and
WHEREAS, pursuant to the Third Modification, Grantor and Grantee agreed to modify the
Conservation Easement granted pursuant to the Developer's Agreement by amending the legal
description of the Conservation Easement, as a condition of Grantee's approval of a site plan
permit to allow Grantor to construct a proposed hotel and a public paved trail through the
Conservation Easement; and
WHEREAS, Grantor desires to preserve the Conservation Easement Property in its existing
Amended Conservation Easement Agreement
City of Cape Canaveral
Page 1 of 5
natural condition in perpetuity with the exception of installing and maintaining the public paved
trail approved by Grantee for the benefit of the public as required by the Third Modification; and
NOW, THEREFORE, in consideration of the above and the mutual covenants, terms,
conditions and restrictions contained herein, and pursuant to the provisions of section 704.06,
Florida Statutes, Grantor and Grantee hereby modify the Conservation Easement as follows:
1. Incorporation of Recitals. The foregoing recitals are hereby fully incorporated
herein by this reference.
2. Legal Description of Conservation Easement. The legal description of the
Conservation Property, which is currently described and depicted on Exhibit "A" of Conservation
Easement, is hereby modified, and entirely substituted by, the legal description and sketch
prepared by Allen Engineering, Inc., dated January 11, 2022, and attached hereto and fully
incorporated herein as Modified Exhibit "A." Upon recordation of this Amendment, the
Conservation Property shall be deemed legally described in all respects as set forth in the
Modified Exhibit "A."
3. Purpose of Easement Amended. Section 2 of the Conservation Easement is
hereby deleted in its entirety and amended to read as follows:
This Conservation Easement is granted for the express and sole purpose to assure that the
Conservation Property will be retained forever in its existing natural condition, to preserve trees
and to allow a public paved trail to be constructed and maintained by Grantor within the
Conservation Property for the benefit of the public. The purpose is also to prevent any use of the
Conservation Property that will impair or interfere with its environmental value and recreational
value as a public paved trail.
4. Grantor's Reserved Rights Amended. Section 4 of the Conservation Easement
is hereby deleted in its entirety and amended to read as follows:
Grantor reserves unto itself, and its successors and assigns, all rights accruing from its
ownership of the Conservation Property, including the right to engage in or permit or invite others
to engage in all uses of the Conservation Property, that are not expressly prohibited herein and
are not inconsistent with the purpose of this Conservation Easement. Notwithstanding the
prohibited uses outlined in Paragraph 3 above, the Grantor shall construct and maintain a paved
public trail within the Conservation Property as generally depicted in the Third Modification. The
public paved trail shall be subject to final authorization and permitting by Grantee, and shall be
constructed and continuously maintained and kept in good order, condition and repair by Grantor
at Grantor's sole cost and expense. Grantor agrees to configure the paved public trail to minimize
its impact on existing trees within the Conservation Property.
Amended Conservation Easement Agreement
City of Cape Canaveral
Page 2 of 5
5. Rights of Grantee. The rights of Grantee set forth in Section 5 of the
Conservation Easement are hereby amended to include the following additional rights:
(c) To authorize and permit the paved public trail within the Conservation Property.
(d) To plant and preserve native trees and vegetation within the Conservation
Property.
6. Full Force and Effect of Conservation Easement. This Amendment amends the
terms of the Conservation Easement and is deemed incorporated into the Conservation Easement.
The provisions of the Conservation Easement, as amended by this Amendment, shall continue in
full force and effect in accordance with the previsions thereof.
IN WITNESS WHEREOF, Grantor and Grantee have set their respective hands on the day
and year first above written.
WITNESSES:
Print Name: ccfh.e.r if — 611t-rc.ea&-3
Print Name:RAN,,,t, r,-, •' ,
GRANTOR:
HOLIDAY INN CLUB VACATIONS
INCORPORATED, a Delaware corporation
By:
Print me/title: Michael -1 Thompson 1 SR VP
STATE OF lia[iCek
COUNTY OF V ranl e,
On this 2$1"day offutartj , 2022, the foregoing instrument was acknowledged
before me, by means of IV physical presence or ❑ online notarization, by
M iC \ t 3:Th Dr> 'or , as SP.INioy V ict-FreSidelit , who Ids personally known
to me or ❑ produced the following identification
[SEAL]
Notary Public, State of f (tt is O.
My Commission Expires: 041251-2-1)23
Sertaf-Number: Go1O1o2U
corAwli%ioy.
Amended Conservation Easement Agreement
City of Cape Canaveral
Page 3 of 5
ACCEPTANCE BY GRANTEE:
CITY OF CAPE CANAVERAL, a Florida
municipal c•rporation.
orley, Cityer
ATTEST:
is Goforth, ity Clerk
Approved as to legal form and sufficiency for
the ity of Cape Canaveral only:
d j
3/4/_
ANTHONY A. GARGANESE, City Attorney
Amended Conservation Easement Agreement
City of Cape Canaveral
Page 4 of 5
Modified Exhibit "A"
Amended Conservation Easement Agreement
City of Cape Canaveral
Page 5 of 5
DESCRIPTION
NOT A BOUNDARY SURVEY
AMENDED CONSERVATION EASEMENT:
An easement to be used for tree conservation purposes only, lying in Section 14, Township 24 South, Range 37 East,
Brevard County, Florida, being more particularly described as follows:
Commence at the Northwest corner of said Section 14; thence N89'43'34"E, along the North line of said Section 14, a
distance of 2,639.94 feet, to the North 1/4 corner of said Section 14; thence N89'45'43"E, along the North line of
said Section 14, a distance of 11.60 feet; thence S00'42'17"E, along the West line of said property, a distance of
15.00 feet, to the POINT OF BEGINNING of the herein described easement; thence N89'43'42"E, a distance of 29.40
feet; thence S00'14'17"E, a distance of 303.44 feet; thence N89'45'43"E, a distance of 77.00 feet; thence S00'14'17"E,
a distance of 142.46 feet; thence N89'45'43"E, a distance of 82.73 feet; thence S00'14'17"E, a distance of 19.00
feet; thence N89'45'43"E, a distance of 183.60 feet; thence S00'14'17"E, a distance of 20.12 feet; thence N89'44'28"E,
a distance of 17.00 feet; thence S30'36'01 "E, a distance of 19.39 feet; thence S59'23'59"W, a distance of 12.41 feet;
thence S89'45'43"W, a distance of 54.63 feet; thence S00'14'17"E, a distance of 35.00 feet; thence N89'45'43"E, a
distance of 50.67 feet; thence N76'53'29"E, a distance of 18.14 feet; thence S73'26'38"E, a distance of 41.67 feet to
the southerly line of said property; thence the following 3 courses along said southerly line: (1) S89'45'43"W, a
distance of 185.74 feet; (2) N01'29'01 "W, a distance of 66.02 feet; (3) S89'45'43"W, a distance of 251.32 feet, to
the Southwest corner of said property; thence N00'42'17"W, along the West line of said property, a distance of 485.02
feet, to the POINT OF BEGINNING; Containing 0.95 acres, more or less.
SURVEYOR'S NOTES:
1. THIS IS NOT A SURVEY.
2. The bearings shown hereon are based on a bearing of N89'43'34"E, along the North line
of the Northwest 1/4 of Section 14, Township 24 South, Range 37 East.
3. • = Denotes change in direction (no corner found or set).
SEE SHEET 2 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION
MODIFIED EXHIBIT "A"
SHEET 1 OF 2
PREPARED BY:
LLEN
ngineering, Inc.
SURVEYORS - ENGINEERS
106 DIXIE LANE (P.O. BOX 321321)
COCOA BEACH, FLORIDA 32932-1321
TELEPHONE: (321)783-7443 FAX: (321)783-5902
CER71F1CA7E OF AU7HORIZA710N , LB 266
SURVEYOR'S CERTIFICATION:
I hereby certify that the attached Property Description was prepared
under my direction, in accordance with all applicable requirements of
the "Standards of Practice for Land Surveys in Florida" as described
in Chapter 5J-17 Florida Administrative Code, pursuant to Chapter
47?„027. Florida Statutes.
.... I.. w4/ This Item has been
dectronicolly signed and sealed
P'�° 6672 6.•'•�' b9tavldgJ. Irwin PSM using a Irwin, PSM
•• : Digital Signature and date.
E Printed copies of this document
are not considered signed and Date. 2022.02.16 18:20:15
„ATE pOAF 1, sealed and the signature mu(t,
s 't•rVUII•(j./,,OhdLter t on ony electronid f :— _
sircies. D5'OQ!RWIN
g'�i'��,,,,� n d �ie
origiTnal" raised seal of Professional Surveyor & Mapper
a Florida licensed Florida Registration No. 6672
surveyor and mapper. ALLEN ENGINEERING, INC.
Digitally signed by David J.
980129_ 19 Conservation Easement.DWG
3.
2.
1.
JOB NO. 980129.19
DATE: 01 —11-2022
PREPARED AND CERTIFIED FOR:
—HOLIDAY INN CLUB VACATIONS INCORPORATED
—CITY OF CAPE CANAVERAL
LINE #
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
SKETCH TO ACCOMPANY DESCRIPTION
NOT A BOUNDARY SURVEY
AMENDED CONSERVATION EASEMENT
POINT OF COMMENCEMENT
N.W. CORNER OF SECTION 14-24-37
2, 639.94
N89'43'34"E
•
N.W. 1/4 OF
SECTION 14-24-37
NORTH 1/4 CORNER OF
SECTION 14-24-37
LINE TABLE
BEARING DISTANCE
N89'43'42"E 29.40'
S00' 14' 17'E 19.00'
S00'14'17"E
N89'44'28"E
S30'36'01 "E
S59'23'59"W
S89'45'43'W
S00'14'17"E
N89' 45' 43"E
N76'53'29"E
S73'26'38'E
20.12'
17.00'
19.39'
12.41'
54.63'
35.00'
50.67'
18.14'
41.67'
MODIFIED EXHIBIT "A"
SHEET 2 OF 2
PREPARED BY:
LLEN
ngineering, Inc.
N89'45'43"E
11.60'
TRANSMONTAIGNE TERMINALS LLC
/L 1
N
Lri
co
N
0
0
z
SURVEYORS — ENGINEERS
106 DIXIE LANE (P.O. BOX 321321)
COCOA BEACH, FLORIDA 32932-1321
TELEPHONE: (321)783-7443 FAX: (321)783-5902
CERWICATE OF AUTHORIZA 1ION # LB 266
POINT OF BEGINNING
0
N)
S00'14'17"E
NORTH LINE OF THE N.E. 1/4
SECTION 14-24-37
OLCC FLORIDA LLC
N89'45'43"E
77.00'
N89'45'43"E
82.73
SUBJECT PARCEL
CONTAINS 0.95 ACRES ±
3.
2.
1.
DATE: 01-11-2022
JOB NO. 980129.19
DRAWN BY: SCL
SCALE: 1 "=100'
TRANSMONTAIGNE TERMINALS LLC
N89'45'43"E
183.60'
S89'45'43'W 251.32'
O
� O
N
0
z
OLCC FLORIDA ToL76
LLC ' J L9 `1
S89'45'43"W 185.74'
SOLANA LAKE, PHASE 1,
A CONDOMINIUM
SCALE: 1"=100'
0 25 50 100
GRAPHIC SCALE
200
SEE SHEET 1 FOR DESCRIPTION,
SURVEYOR'S CERTIFICATION & NOTES
980129 19 Conservation Easement.DWG
PREPARED AND CERTIFIED FOR:
—HOLIDAY INN CLUB VACATIONS INCORPORATED
—CITY OF CAPE CANAVERAL