Item K4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 18 May 2005
Division:
Growth Management
Bulk Item: Yes -X- No
Department: Environmental Resources
Staff Contact: Ralph Gouldy
AGENDA ITEM WORDING:
Approval for a Grant of Conservation Easement for Lots 1, 2 & 3, Block 3 Unrecorded plat of Oceana
subdivision, Monroe County Records, Monroe County, Florida, RE# 00085400-000100,00085440-
000100.
ITEM BACKGROUND: None
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREE:MENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
$52.50
BUDGETED: Yes N/ A No
COST TO COUNTY:
None
SOURCE OF FUNDS: Greg Ganim
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
DIVISION DIRECTOR APPROVAL:
Risk Management N/ A
APPROVED BY: County Atty -1L OMB/Purchasing
"'\
{ ,
DOCUMENTATION:
Included
Timothy McGarw, ctor f Growth Management
I
Not Re~ed_
X
DISPOSITION:
AGENDA ITEM #
Grant of
Conservation
Easement
THIS AGREEMENT is made this _ day of
,20
by and between
Grez & Laura Ganim, & Michael A. Liscio
whose address is 449 Barracuda Blvd., 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, FI 33040 (Grantee).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
639 Dolphin Road, Key Largo Florida 33037
(the servient estate), more particularly described as follows: (Legal description) Lots I, 2 &3 Block 3
Unrecorded plat of Ocean a subdivision, RE# 00085400-000100 (Lots 1 & 2) and
RE# 00085440-000100 (Lot 3)
The Grantor desires to develop the servient estate as (describe project):
A single family home as shown in permit #02-3-3248
The servient estate contains (describe relevant natural features):
Low Quality High 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
Ganim GOCEA
- 1 -
Document prepared by: Jean Reisinger
Address: 88800 Overseas Highway
Tavernier, Florida 33070
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 See. 9.5-336, Monroe County Code, the Grantor hereby grants to Grantee the
easement described below.
2. Character of the easement and governing law.
This easement is a conservation easement under See. 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
as shown in Exhibit A attached
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.
Ganim GOCEA
2
c. No dumping or placing of sailor other substance or material as landfill or dumping or
placing of trash, waste, or unsightly or offensive materials.
f. No planting of non-native plants.
5. Terms 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), ifany,
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 Al,treement.
Any modification ofthis 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. Entrv of Grantee's representative on the servient estate.
The Grantee's representative on the servient estate, after first furnishing the Gramor no less than
24 hours notice for the purposes of inspection to determine 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.
Ganim GOCEA
3
above written.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
(SEAL)
A TTEST: DANNY L KOLHAGE, CLERK
By
/) De~uty Cler~
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Signature of Witness i
Printed name of witness
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STATE OF FLORIDA
COUNTY OF MONROE
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
~~
Grantor
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p~:~tfJnlme o~~ntor
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Printed name of Grantor ./
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Printed name of Grantor
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!1,BEF,oRE M:, the undersigned authority, personally appeared SitU.) l-5/t1J ,t'rl
and IIi tt11itL I~ Ll st 10 ,who are personally known to me, or have produced
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as identification.
Sworn to and subscribed before me this
and
, respectively
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Ldl Z i?1'J/ZrH i::f l ~D.J ;(At
Typed Notary Name and Number
.Pj' Elizabeth E! Koo1y
,~ .; MyCommisSlon 00165111
OF ~ Expires DacemOO!' 11, 2000
Ganim GOCEA 4
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Notm)/Signature and Seal / !
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MONROE COUNTY ATTORNEY
APPROVED~S TO FORM
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Ese R
P T
o N
,
Lots 1, 2 & 3 m
described
G-51, Pages
3, in un
certain instruments
Subject to the following described Conservation Easements:
Comrervction EosemenI No. 1
Begin 011 the northerly right of woy line of at the comer of Lot 1, Block 3
of en unrecorded piat of Oceana os described instruments recorded Book G-51 at Pa:\les 198-200
of the public records of Monroe County, Florida; said Point of thence N 90'0000"[
along said right of way line for a distance of 33.71 feet; thence run for Q distance or 31 J33 feet;
thence run N 12"14'00"W for a distance of 48.53 feet; thence run N 7'1 for a distance of 11.61 feet;
thence nm N 50'43'00"[ for a distance of 12,81 feet; thence run N 1'49'OO"W for a distance of 6.32 feet
to the sQutherly right of line of Ocean a Avenue; thence run N 90'OO'00~W along said right of way Ene for
Q distance of 33.98 feet to northwest comer of soid lot '1 Block 3; thence run S 0.00'00"[ along the
boundary common to Lot 18, Block 2, ond soid Lot 1, Block of SQid unrecQrded of Oceoflo, for (1 distance
of 105.0 feet to the Point of Beginning. Containing 3104 square feet, more or less 0
Conservation Easement No.2:
Begin on the right of way Hne of Dolphin Avenue at the southeasterly comer of Lot 3, Block 3 of an
unrecorded plat of Ocecma CIS described instruments recorded in Deed Book G-51 at Pages 198-200 of the
records of Monroe Florida; said Point of BeginninG, thence run N 90.00'00"'\.'# along sojd
right of wo'l. line for 0 distonce of 23J32 feet; thence run N S'55'OO"W for Q distance of 2727 feet; thence
run N l"OS OO"W for 0 distance of 49.4-9 foot; thence run N 2/34'00"'[ for a cl(stonce of 17.02 feet;
thence run N 80"57'00"W for 0 distance of 11.94 feet; thence run N 8T5S'OO"W for a distance or 22.55
feet; thence run N 0'00'00"[ for a distonce of to.89 feet to the southerly right of way line of OcemlO Avenue;
thence run N 90'00'00"[ aJong said right of way line for Q of 56.05 feet to the northeasterly corner
of said Lot 3, Block 3, unrecorded Oeeona; thence run S along the boundm)' common to Lots 3 and
4, Block 3, unrecorded Oceema, for 0 distance of 105.00 feet to the Point of Beginning. Containing 3230 square
feet, more or less
Bearings are assumed Qnd Qre based on Q
Dolphln Avenue
of N 90&&dOO'00"[ ror the
of way !ine of
..1.11 1..1111..11,
FLORIDA DEPARTl\'IENT OF REVENUE
RETURN FOR TRANSFERS OF iNTEREST IN REAL PROPERTY
PHOTOCOPiES OF
THIS FORM NOT
ACCEPTABLE
DRc2'9
R. 07/98
2. Mark (xl all Multi-parcel
that apply transaction? -+
3. Grantor (SeHer): ~ ANi M
Last
LfyCl OAeJ2..PtCUDA BLVD.
Mailing Address
4. Grantee (Buyer): Hnt--J'RtF.. CoU~
Last First
500 Wt\l-rE.1+€:-A 0 5,:-
Mailing Address
5. Date of Saleffransfer
(PLEASE READ iNSTRUCTIONS O~J THE BACK OF THIS FOR~v1 BEFORE CO~v1PLETING)
( Use b1ack ink. Enter numbers as shown below. If typing, enter numbers~ shown below. \1
I 1:1 r0l r--; f!::l ~ I ' r-:-, ~ r--; ~ ' ' ~ , J. r-I n
1. Parcel Identification Number I O! 11121131 15ilb 1171,81 I il I, O~2~~5167'P19 I ,I J
(If ParcellD not available ", L-.J ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ L...J ~ '-----' ,/
please call County Property i 5'1' kl r--'I~ I rl fA] F? r:rl' GlA I' i~ I ~11':=l11-.{ III : n fI Ii fi n n n nil' r-ILJi
Appraiser's Office) -+ G ci b L u ~ L L ~ ~L5L!d~ LJLJ LJ ULJ LJLJLJ L..J I
Transaction is a split Property was improved
or cutout from ~,,: with bulldlng(s) at time
another parcel?~"~ ~ of sale/transfer? -+
hJ2M)~Y p
First MI
~'1l~IO
City
Vi
~
FL
State
Corporate Name (if applicable)
'33tBr ( )
Zip Code Phone No.
J
!
'l
I I
~~
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II
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Year
MI
~'I \NGGr
City
Salerfransfer Price
$~ ;---"1 ~ r---l ~ \j
: i i i I ! ~ i l' l ~
LLJL~LJ UL
(Round to the nearest d6!1ar.)
Corporate Name (if applicable)
~L- 3,~o4D (3:6 bieH- a5CO
State Zip Code Phone No,
!Ol
~ [
L::::..J .
Po i rO i Property
i ! ! ~ ' Located In
'--' ~
County Code
(County Codes on Reverse)
Month
Day
6. Type of Document
Warranty
Deed
Contract/Agreement
for Deed
Quit Claim
Deed
Other 7. Are any mortgages on the property? If "Yes",
outstanding mortgage balance:
(Round to the nearest doHar.) $ n II
~~
YES
I [l] NO
[QJ[Q]
r-II il r-II. '0
! , i !
LWLJ~
8. To the best of your knowledge, were there unusual circumstances or conditions to the sale/transfer
such as: Forced sale by court order? Foreclosure pending? Distress Sale? Title defects? Corrective Deed? Mineral rights?
Sale of a partial or undivided interest? Related to seller by blood or marriage.
YES
I [RJ NO
il 1\71
9. Was the sale/transfer financed? YES LJ I ~ NO
n
Conventional Seller Provided U
if "Yes". please indicate type or types of financing:
Agreement or
Contract for Deed
Other
Hi. Property Type:
Mark (x) ail
that apply
Residential
ll1F"~
I' ,
. ,
l '
Commercial
Industrial
Agricultural
I nstitutional/
Miscellaneous
Government
Vacant
Acreage
Timeshare
n
LJ
11. To the best of your knowledge, was personal property
included in the sale/transfer? If 'Yes", please state the
amount altributable to the personal property. (Round to the nearest dollaL)
12. Amount of Documentary Stamp Tax
YES
I lK1 NO
$
$
01
L ~
ITI I i
L:J L-J
YES [] I [Z NO
Cenis
[Q][Q]
'>
13.
if no tax is due in number 12, is deed exempt from Documentary Stamp Tax under s. 201.02(6), Florida Statutes?
Under penaitles of I declare that I have read the foregoing return and that the facts stated in It are true. l! prepared by someone other
than the taxpayer. deciaration is based on into~mat', ofOhich herner 1"las any knowledge, 4i.......d 10 c:..
of Grantor or Grantee or Agent Date _ Dl.n LJ .:..;;;
I
WARNING, FAILURE TO F!LE THIS RETURN OR ALTEANAT!VE FORM APPROVED 8YTHE DEPARTMENT OF REVENUE SHALL RESULT IN A PENALTY OF $25.00 :01 ADDiTiON TO ANY
OTHER PENALTY ~r,,1POSED 8"Y THE REVENUE LAW OF FLOR~DA
(To be completed by the Clerk of the Circuit Court's Office)
Clerks Date Stamp
O. R. Book
and
Page Number
and
File Number
i I [
l-----' ~
Month Day Year
WHITE COPY TO DEPARTMENT OF REVENUE OFFiCE
! Date Recorded
,
~
CANARY COpy TO PROPERTY APPRAISER
C OK~y~lY of ~gR~A~goE
(305) 294-4641
BOARD OF COUNTY COMMISSIONERS
MAYOR, Jack London, Distict 2
Mayor Pro Tern, A Earl Cheal, District 4
Wilhelmina Harvey, Dictrict 1
Shirley Freeman, District 3
Mary Kay Reich, District 5
~~
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