05/17/2001 Agreement
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, f(ORlDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
DATE:
June 28,2001
TO: .-
Timothy McGarry, Director
Growth Management Division
A1TN:
Colleen Gardner
Executive Assistant
Pamela G. Hanco('~
Deputy Clerk ry
FROM:
At the May 17, 2001, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following Grant of Conservation Easements:
/ Between Monroe County and Mignon C. and Donald L. Wollard, Permit Number
97-3-1779, described as Lots 5 & 6, Block 3 High Point Subdivision, as recorded in Plat Book 6
Page 19 of the records of Monroe County. The real estate numbers are 00419751-000500 and
00419751-000600.
Between Monroe County and Dale W.. Hess, Permit Number 99-3-1422, described as Lot
3, Block 7 and a part of Tract C, Harbor Course South Section 3, Monroe Plat Book 7 Page 53.
The real estate number is 00573710-000300.
Enclosed are certified copies of the above mentioned for your handling. The Should you
have any questions please do not hesitate to contact this office.
Cc:
County Administrator wlo document
Growth Management
County Attorney
Finance
M. & D. Wollard - original
D. Hess - original
Property Appraiser
File ./
. Grant of
MONROIi: COUNTY
(Hlb~ICIAL RECORDS
Conservation
FILii: #1 2406 5 9
BK#1703 PG#485
Reo Jun 14 2001 01:19PM
DANNY L KOLHAGE, CLERK
Easement
THIS AGREEMENT is made this /1 ~ay of MAY
,20 (1)(
by and between
Mif!non C. and Donald 1. Wollard
whose address is 105 Bayview Drive, Islamorada Florida 33036
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
119 South Rolling Hills Road, Tavernier, Florida 33070
(the servient estate), more particularly described as follows: (Legal description)
Lot 5 & 6 Block 3 Hif!h Point subdivision, as recorded in Plat Book 6 Paf!e 19 of the
records of Monroe County, RE#00419751-000500 and #00419751-000600
The Grantor desires to develop the servient estate as (describe project):
A single family home as shown in permit 97-3-1779
The servient estate contains (describe relevant natural features):
Moderate 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
FILE #1 24065 9
BK#1703 PG#486
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, Momoe 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 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
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 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.
2
PILR #] 24065 9
BK#] 703 PG#487
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.
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 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 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.
3
FILE #1 240 6 5 9
B Ii #:] 7 (7):3 P G # 4 8 8
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
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Pro ame of witness
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Grantor
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Printe? name of Gran~~~ ~ / /J/J /J
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Grantor V
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Printed e of witness
Printed name of Grantor
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personally appeared j)OAlI4.) q L, lJ() ItA/( 1>
and lAJ, who are personally known to me, or have produced
BY
and
, respectively
as identification.
Sworn to and subscribed before me this
i.f+J.
day of
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!
,2001
S HAJeotJ II S LA v,'k.
Typed Notary Name and Number
N~tarv Signatur.e. and Seal
).1'T"'iI~ ~HARON A. SLAVIK
I&; COMMISSION' CC734951
EXPIRES MAY 30. 2002
~ ~ ~DBDTHROUGH
~"OFf\,: ADVANTAGE NOTARY Of FLORIDA
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