06/19/2002
Grant of
MONROE COUNTY
OFFICIAL RECORDS
FILE #1 3 1 511
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Conservation
RCD Aug 02 2002
DANNY L KOLHAGE
I
10:06AM
CLERK
Easementv
THIS AGREEMENT is made this 19 thlay of
Jun~__, 20 02
by and between
Curtis E. and Barbara B. Booth
whose address is 457 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, F133040
(Grantee).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
457 Barracuda Blvd. Key Largo Florida 33037
(the servient estate), more particularly described as follows: (Legal description) Lot 17 Block 7 & all
of Block 6, & a Part of unused Kinf! Street, Anf!lers Park, PB 1 Pf! 150 Monroe Records,
RE# 00552190-000000
The Grantor desires to develop the servient estate as (describe project):
Single family home as shown in oermit # 00-3-3905
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
Booth GOCEA
Document Prepared by Jean Reisinger
Address 88800 Overseas Highwav
Tavernier. Florida 33037
1
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BKlt1804 PGlt957
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
I
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.
2
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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 plantin~ arnon-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), 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 reoresentative 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})y 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
PILE ~1 3 1 5 1 1 6
BK # 1 8 0 4 PG# 9 5 9
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
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,i ,.' ;' <:J: '" \ 't~' If pANNY L KOLHAGE CLERK
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. ., Deputy Clerk
By
COMMISSIONERS
, FLORIDA (Grantee)
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~ 19nature 0 Witness ?J
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Printed name of witne-fs
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Printed name of Grantor
A~PROVED AS TO F
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BY
R ERTN. FE
STATE OF FLORIDA DATE? - .6II5~I~r::r _
COUNTY OF MONROE ~ "Z.
~RE ME, the ond=igoed authority, penonally appe.,L1 Jr~t~
and .r:bLfurf1 ~~ who..are personally known tn me, or have produced
~1-- D/l- B ~Onlff=)L~3Lt5andfb.j)/L _3t1)O~hhtJ1.,~speCtivelY
as identification.
Sworn to and subscribed before me this I
G'D/-'Jn L-..)~'(
Typed Notary Name and Number
4
05/08/2002 WED 13:25 FAX 3056642810
ORION. BANK
+-H MARATHVN BRANCH I4I 002
PILR ~1 3 1 5 1 1 6
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(If Applicable)
~~
(Name of Mortgagee)
f t1) ~~ S tJO.O ~ t:
. whose address is
Countyof ~ ",' Stateof ~ 3 3o~
having a record interest.in the lands described in the Conservation Easement Agreement between
. City of
Grantor, and Mom-oe County, Florida, Grantee, hereby joins in, consents,
and ratifies that Conservation Easement at
below.
on the date indicated
(Place of Execution) .
~ ~~
cY~€~~~ ~~f"
Witness . i,..'
STATE OF FLORIDA
coUNTy OF MONROE
SWORN TO AND SUBSCRIBED before me this
'.[n
<;5 day of
/J1 ill/ .
/
, Whois~known~rhll~prOrl""'~
as Idt.ul~fi8aben.
20~. by t?1 a rlj /(/c ~
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Susan E. HolmstlOlll ,
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N otal.'y Signature and Seal
,-;~. . Susan E Holmstrom
*ii * M,t Commission CC915630
'\;",,"- Expires March 05, 2004
Typed NotaIy Name and Number
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MONROE
OFFICIAiOUNTY
RECORDS