07/17/2002 Easement
Grant of
MONROE COUNTY
OFFICIAL RECORDS
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Conservation
RCD Aug 02 2002 10:00AM
DANNY L KOLHAGE, CLERK
Easement"
THIS AGREEMENT is made this 17thdayof July
, 2002_____ by and between
Robert Hirsch
whose address is 3050 NE 40th Street, Ft. Lauderdale
County of Broward
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
Ocean Drive
(the servient estate),
more particularly described as follows: (Legal description)
Lot 9, Block 1, Summerland Beach addition #2, Summerland Key, FL
The Grantor desires to develop the servient estate as (describe project):
a Single Familv Residence
The servient estate contains (describe relevant natural features):
Moderate quality low tropical hardwood hammock.
Document Prepared by _Julie Maiko
Address _ 2798_ GIS Highway
_Marathon_FI_33050_____
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B.) 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 single family residence
The parties agree as follows:
1. Grant of easement.
In consideration for a development permit for J\ ~ ; n 9 1 p fA m ; 1 y
residence
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 govemina law.
This easement is a conservation easement under Sec. 704.06, Fla. Stat., and is to
be govemed by, construed, and enforced in accordance with that statute and with the
applicable laws of the State of Floridq.
3. location of the easement.
a. The conservation easement is located as follows:
(Metes and bounds descriotion of the ooen soace areal
See hatched area on attached site plan. 9,072 sq. ft.
of open space required.
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b. The location of the easement is also described in the diagram attached to
this instrument as Exhibit II A" and. by reference. made a part of this instrument as
fully and to the same effect as if set forth in this instrument in its entirety.
4. Restraints imcosed 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 substance in 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.
f. All ~nnniriinn~ nT p~rmir J 971-1497 apply for perpetuity
5. Term and cersons 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 aareement.
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.
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7. Modification of aareement.
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. Attomev's fees.
In the event of any controversy, claim or dispute arising under this instrument.
the prevailing party is entitled to recover reasonable attomey's fees and costs.
9. Entrv of Grantee's recresentative on the servient estate.
The Grantee may enter upon 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 certifjed 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, each party to this Agreement has caused it to be executed at
(Place of execution I
on the date in the first sentence of this Agreement.
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Witness
rvcffon Easement
Witness
STATE OF FLORIDA
COUNTY OF MONROE
SWORN TO AND SUBSCRIBED before me this _ day of . 1996, by
. who is personally known to me or has produced
as identification.
Notary Signature and Seal
Typed Notary Name and Number
~.~
Witness
~~"/nd~~A~
Witness
~
Grantor
STATE OF FLORIDA
COUNTY OF MONROE
/:) ~WOR~ /10 AND SUBSCRIBED before me this ~
~1tr+~X1aL. . who is p onally k n
as identification.
9l 'Zb(J2-
of iAAf..L- , ~. by
/
e or has produced
~ ...",'''''E'''''_ DDo"'~"1
TYPE ,~~ Number
u,... ;,.'.1 E >:plres July 11 2005
B
FILE #1 3 1 511 2
BK # 1 8 0 4 PG# 9 4 1
(If Applicable)
, whose address is
_ _ (Name of Mortgagee)
, City of
. County of
, State of
, having a record interest
in the lands described in the Conservation Easement Agreement between
, Grantor, and Monroe County, Florida,
Grantee, hereby joins in, consents, and ratifies that Conservation Easement at
on the date indicated below.
(Place of execution)
Witness
, Mortgagee
Witness
STATE OF FLORIDA
COUNTY OF MONROE
SWORN TO AND SUBSCRIBED before me this _ day of , 1996. by
, who is, personally known to me or has produced
as identification.
Typed Notary Name and Number
Notary Signature and Seal
aa/rwl/easement
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