Item K01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 15,2002
Division:
Growth Management
Bulk Item: Yes X
No
Department: Environmental Resources
AGENDA ITEM WORDING: Approval for a Grant of Conservation Easement for Lot 25, Block 8,
Harbor Course South, Section 4, Ocean Reef, Key Largo between Raffie Aryeh. and Monroe County.
The Real Estate Number is 00573720-002500
ITEM BACKGROUND: None
PREVIOUS REVELANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
$28.50
BUDGETED: Yes N/A No
COST TO COUNTY:
None (paid by Raffie Aryeh)
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Atty ~ OMB/Purchasing N/ A
DOCUMENTATION:
Included X
Risk Management N/A
DIVISION DIRECTOR APPROVAL:
p
To Follow
ot Required
AGENDA ITEM #-4L
DISPOSITION:
Revised 2/27/01
;r'~
Grant of
Conservation
Easement
THIS AGREEMENT is made this _ day of
,20
by and between
.Raffie Arveh
whose address is 27 Cinnamonbark Lane, Ocean Reef Club, Key Largo Florida 33037
County of Monroe
State of Florida
, (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
27 Cinnamonbark Lane
(the servient estate), more particularly described as follows: (Legal description)Lot 25 Block 8
Harbor Course South Section 4, Ocean Reef Plat #19, RE# 00573720-002500
The Grantor desires to develop the servient estate as (describe project):
Single family home as shoWn in oermit # 00-3-3726
The servient estate contains (describe relevant natural features):
Moderate Quality Low Elevation Tropical Hardwood Hammock
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
GOCEA Aryeh
Document Prepared by Jean Reisinl!er
Address 88800 Overseas Hil!hwav
Tavernier. Florida 33037
1
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 single family home
The parties agree as follows:
1. Grant of easement.
In consideration for a development permit for a single family home
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 20vemimz 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
ai iVoum ;n atta("heo J:;vh;h;t A
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. Restraints imposed bv 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.
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.
2
f. No plantine of non-native veeetation
5. Tenns and ~ersons 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
repr~sentative of each party and by any mortgagee.
8. Attornev'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.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
3
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
By
By
Deputy Clerk
Mayor/Chairman
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ture Of. Witness
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PW~
Signature of witness
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Printed name of witness
lWt{fvw"
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Grantor
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Printed name of Grantor
Grantor
Printed name of Grantor
STATE OF FLORIDA
COUNTY OF MONROE
'I APPROV!:";""' . -; T() PORM
IB
BEFORE ME, the undersigned authority, personally appeared Qa f -R e H r 'I e h
and 10\ H ,who are personally known to me, or have produced
and
, respectively .
as identification.
Sworn to and subscribed before me this
tQ-H\ dayof~CJ\ ,20 ~
--r)t"rt,,~ I~
Notary Signature Seal
NI'chole. -J NCQLla.i D
Typed Notary Name and Number
CC q 2...~ 2-tp .,
NIaIDtB 1 MCQUAID
NDrMYRJlJUCsrATEOFR.aUOI.
<mtMI!BION NO. CC92S:261
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(If Applicable)
, ~ () /1 ~.3 1"" ,-
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(Name of Mortgagee)
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, whose address is
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, City of
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County of
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State of
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having a record interest in the lands described in the Conservation Easement Agreement between
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Grantor, and Monroe County, Florida, Grantee, hereby joins in, consents,
and ratifies that Conservation Easement at ~ l..~ '('\1 /; T ( t '5' j h on the date indicated
below. (Place of Execution)
J 1 . :~j~
0( )i)JJ (i A j, ,,:\ /.YJj1~ Mortgagee
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STATE OF FLORIDA
COUNTY OF MONROE
SWORN TO AND SUBSCRIBED before me this
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day of /''7 A1(tJ I h
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20t". 2.', by 'f;!/5,~;Vfl/ .J----~:.1J) t~'t4'n' )DWh~~SP~~~~I~_~~~_tlY~eorhasproduced
as identification.
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ed Notary Name and Number
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Notarye.gnature and Seal
----.
..",'~U;"/~ ROSA GOSSMAN
!."f''''Ji.''t-. MY COMMISSION # CC 912306
~.~.~j EXPIRES: June 21,2004
....,~,%~~..... Bonded Thru Notary Public Underwriters
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UOOO 7H
SEcnON 24. TOWNSHIP 59 s.. RANcE 40 E.
Fe 4 .
LEG;.L DESCRIPTION:
LOT 25. BLOCK 8 . KARBOR COURSE SOUTH SEcnON fOUR OCENl REEf PlAT NO.19 ACCORDING TO THE PlAT THEREOf AS RECORDED IN
PL).T BOOK 7. PACE 54 Of THE PUBUC RECORDS Of IofONROE COUNTY, F\.ORI01..
ANO PARCEL A;
.. PORTION Of TRACT B. tWlBOR COURSE SOUTH. SEcnON fOUR. OCENl REEf PlAT NO. 111 ACCORDING TO THE PlAT THEREOf. AS RECORDED IN
PL).T BOOK 7. PACE 54 Of THE PUBUC RECORDS Of 1of0NROE COUNTY, F\.ORI01.. AHD BEING IofORE PAAllCUlARL Y OESCRIBED AS fOlLOWS:
BEGIN AT THE SOVTHEAST CORNER Of LOT 25. BLOCK 8. I-WlBOR COURSE SOlITH SEcnON fOUR THENCE SJlrl1'JJ"W ALONG THE EXTENSION
OF THE SOUTHEASTERLY UNE Of SAlO LOT 25, BLOCK 8. A DISTANCE Of 10.00 /"EEl TO A POlm ON A CURVE TO THE LEn HAVlNC A AAOIUS
OF 260.00 /"EEl. A CEHTlW. ANGLE Of 22"55'06". A CHORO BEARING Of N6J"16'OO"W A CHORD LENGTH Of 10J.31 fEEl. THENCE ALONG THE ARC Of SAlO
CuRVE. AN ARC LE:NGTH Of 104.00 fEEl TO THE END Of SAID CURVE; THENCE N15'16'27"E, A DISTANCE Of 10.00 fEEl TO THE SO\IlliWEST CORNER Of
SAID LOT 25. BLOCK 8 TO A POINT ON A CURVE TO THE RIGHT HAVING A RADIUS Of 270.00 fEEl, A CENTRAL ANGLE: Of 22"5S'06". A CHORD BEARING Of
S6J' 16'00"E AND A CHORD LENGTH Of 107.28 fEEl; THENCE ALONG THE ARC Of SAID CURVE AN ARC LENGTH Of 108.00 fEEl TO nlE POINT
Of BEGINNING
AND PARCEL B:
.. PORTION Of TRACT B. KARBOR COURSE SOUTH, SECllON fOUR. OCENl REEf PlAT NO. 19 ACCORDING TO THE PL).T THEREOf. AS RECORDED IN
PL).T BOOK 7, PACE 54 Of THE PUBUC RECORDS Of IofONROE COUNTY, F\.ORI01.. AND BEING IofORE PAAllCUlARLY DESCRIBED AS fOLLOWS:
BEGIN AT THE NOR'THEAST CORNER Of LOT 25, BLOCK 8, I-WlBOR COURSE SOlmi SECTION fOUR THENCE NJIr 11' JJ"W ALONG nlE EXTENSION
Of THE SOUTHEASTERLY UNE Of SAID LOT 25. BLOCK 8, A DISTANCE Of 20.00 ITET TO A POlm ON A CURVE TO THE LEn HAVlNC A RADIUS
Of 430.00 ITET. A CEI'lTIW. ANCLE Of 22"55'06". A CHORD BEARINC Of N6J'16'OO"W A CHORD LENGTH Of 170.86 fEET. THENCE ALONC THE ARC Of S/.JD
cuRVE. AN ARC LENGTH Of 172.00 fEET TO THE END Of SAID CURVE; THENCE S1S'\S'27"W, A DISTANCE Of 20.00 fEET TO THE NORTHWEST CORNER Of
SAID LOT 25. BLOCK 8 TO A POINT ON A CURVE TO THE RIGHT HAVING A RADIUS Of 410.00 fEEl, A CENTRAL. ANGLE Of 22"55'06", A CHORD BEARING Of
SSJ'16'00"E AND A CHORD LENGTH Of 162.91 fEET; THENCE ALONC THE ARC Of SAID CURVE AN ARC LENGTH Of 164.00 fEET TO nlE POINT .
Of BEGINNING __