03/20/2002
Grant of
MONEi'08i COUNTY
OPPICIAL RECORDS
FIL8 #1 293 634
8K#1775 PG#1_435
Conservation
RCD Apr 11 2002
DANNY L KOLHAGE
,
09:54AM
CLERK
Easement
TIllS AGREEMENT is made this ~ay of
fV1A:J.~, 20 CJ"'l-. by and between
.
Monroe County. a pOlitical subdivision of the State of Florida.
5100 College Road, Stock Island, Key West, FL 33040
whose address is
County of
Monroe
State of FL
. (Grantor) and Monroe County, a political
subdivision of the State of Florida, whose address is 5100 College Road, Stock Island, Key West, Fl33040
(Grantee).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
That portion of West Summerland Key north of U.S. Highway 1 (the servient estate),
more particularly described as follows: (Legal description)
RE#s 00106000-000000 and 00106010-000000, part of Government Lots 1 and 2,
Section 32. Township 66 South. Range 30 East
The Grantor desires to develop the servient estate as (describe project):
Re,placement of an existing communications tower and associated eauipment
The servient estate contains (describe relevant natural features):
Mangrove and salt marsh wetlands, low tropical hardwood hammock, and disturbed
upland area containing and existing communications tower and equipment building
Document Prepared By: Jeanette Hobbs
Address: 2798 Overseas Highway
Marathon, Fl 33050
WILR #1 2 9 3 634
RK# L 7 -, 5 PG#l 43 h
The Grantee is a general purpose political subdivision of the State authorized and required to
regulate and control the use of real property through land development regulations in order to protect the
public health, safety and welfare. Sec. 9.5-336 of the Grantee's land development regulations requires that
certain areas of the servient estate be retained as open space and preserved in their natural
condition if the servient estate is to be developed as a communications tower replacement
The parties agree as follows:
1. Grant of easement.
In consideration for a development permit for communications tower replacement
and in order to comply with Sec. 9.5-336, Monroe County Code, the Grantor hereby grants to Grantee the
easement described below.
2. Character of the easement and ~overnini law.
This easement is a conservation easement under Sec. 704.06, Fla. Stat. and is to be governed by,
construed and enforced in accordance with that statute and with the applicable laws of the State of Florida.
3. Location of the easement. (metes and bounds description of the open space area)
a. The conservation easement is located as follows
a portion of the island of West Summerland Key located north of U.S. Highway I with the
exception of the permitted tower replacement site and the single access roadway thereto.
b. The location of the easement is also described in the diagram attached to this instrument
as Exhibit" A" and, by reference, made a part of as fully and to the same effect as if set forth in this
instrument in its entirety.
4. E,estraints imposed by the Conservation Easement.
The conservation easement granted by this instrument imposes the following restrictions on the
future use of the servient estate within the easement area:
a. No removal, trimming or pruning of trees, shrubs, or other vegetation (except non-native
vegetation whose removal is authorized by the Grantee's biologist).
b. No acts that are detrimental to wildlife or wildlife habitat preservation.
c. No excavation, dredging, or removal of loam, peat gravel, soil, rock, or other material
substances is such manner as to affect the surface.
')
PIL8 #1 293 634
BI\#1 771') PG#1. 437
d. No activities detrimental to drainage, flood control, water conservation, erosion control
and soil conservation.
e. No dumping or placing of soil or other substance or material as landfill or dumping or
placing of trash, waste, or unsightly or offensive materials.
5. Tenns and persons bound.
This conservation easement is perpetual, runs with the land and is binding on all present and
subsequent owners and mortgagees of the servient estate. Grantor represents that the mortgagee(s), if any,
whose consent is attached hereto, is (are) the only mortgagee(s) having a security interest in the servient
estate.
6. Entire Agreement.
This agreement constitutes the entire agreement between the parties and any prior understanding
or representation of any kind preceding the date of this agreement is not binding upon either party except to
the extent incorporated in this Agreement.
7. Modification of Agreement.
Any modification of this Agreement or additional obligation assumed by either party in
connection with this Agreement is binding only if evidenced in writing and signed by an authorized
representative of each party and by any mortgagee.
8. Attorney's fees.
In the event of any controversy, claim or dispute arising under this instrument, the prevailing party
is entitled to recover reasonable attorney's fees and costs.
9. Entry of Grantee's representative on the servient estate.
The Grantee's representative on the servient estate, after first furnishing the Grantor no less than
24 hours notice for the purposes of inspection to detennine the Grantor's compliance with this Agreement.
10. Notice.
Any notice provided for or concerning this Agreement must be in writing and is sufficiently given
when sent by certified or registered mail, or via an equivalent service furnished by a private carrier, to the
respective address of each party as set forth at the beginning of this Agreement.
"
F':LF: #
'129,=it-,:34
Rr #1 '7 "/ " P G #1 4 :::3 8
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
BOARD OF COUN
OF MONROE C
SSIONERS
By
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Grantor
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C;;l;;;L~ckOf::;
~;r;;;r~;~
Printed name of witness
T .L. ~ 0;(3 ~c::r
Printed name of Grantor
Grantor
Printed name of Grantor
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personall a eared ~ L, ,,~O 4~?C:7
and ho are personally known to me, or have produced
and
, respectively
as identification.
Sworn to and subscribed before me this
dk:/ t:>,$<1"C/ P
/4771//~1 &:2- ~C--1'7~
Typed Notary Name and Number
~J r~dayo
./
,20 P <'1./
~~
~~"~ PATRICIA C. ERICKSON
~V "" MY COMMISSION N DD085073
~~ 01 t\{j~ EXPI RES: January 29. 2006
1 ~NOTARY Fl NolIIIY Service & Bonding, Inc,
4
FIL8 #1 2 9 3 634
8Y,~J '17 5 PG#14:3 9
EXHIBIT A: SKETCH OF PROPERTY: SUBJECT OF EASEMENT IS THE AREA NORTH OF U.S.
HIGHW A Y 1 (AK.A, ST ATE ROAD 5) EXCEPTING THE PERMITTED TOWER SITE (SEE
APPROVED BUILDING PERMIT SITE PLAN FOR EXACT LOCA nON AND BOUNDARIES).
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Conservation Easement
For Parcel RE# 00106010.000000
Monroe County Bacc
Permit Application # 011-2041
PILE #1 2 9 3 634
BK#.1775 PG#1440
Salt marsh/
buttonwood
wetlands
t
<'
,/
'-'
\
\
Old highway
construction
building
N (approx.)
Scale: 111 = 200'
trail
Mangrove
wetlands
Low hardwood
hammock
Disturbed
uplands (ROW)
Salt marsh/
buttonwood wetlands
~ \ \ \ \J Area to be. placed under conservation easement.
Approximately 169,152 square feet or
3.88 acres of high quality low elevation
hardwood hammock.
Figure 1. Existing site
conditions at the West
Summerland Key tower site
showing existing habitats
and proposed tower site
September 10, 2001
MONROE COUNTY
Of'F'
[eTAL RECORDS