08/17/2000 Agreement
MONROE COUNTY
OFFICIAL RECORDS
FILE #1 20142 8
BK#1655 PG#1916
RCD Sep 29 2000 03:44PM
DANNY L KOLHAGE, CLERK
Oi
GRANT OF CONSERVATION EASEMENT AGREEMENT
THIS AGREEMENT is made this /7 t/'day Of~~ ()O by and between
Phil Embry and Linda McNeal Embrv
whose address is 1009 Ocean Dr., Summerland Key
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,
FI33040 (Grantee).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
See le/{al description below
(the servient estate),
more particularly described as follows: (Legal description), Lots 6,7, & 8, Block 6, Cutthroat Harbor
Estates, as recorded in Plat Book 4, Page 165, of the Public Records of Monroe County,
Florida.
The Grantor desires to develop the servient estate as (describe project):
~ 491l <;q fPPt riffirp h1Jildin.g with n I, 7111 <;q jPpt n~nnrtmpnt (Pprmit #971-119 7)
The servient estate contains (describe relevant natural features):
Moderate quality low trovical hardwood hammock Lot 7 contains a larf!e freshwater
wetland area. (See attachments A,B, & C)
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
FILE #1 201 428
BK# 1 6 5 5 PGj 1 9 1 7
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 2,496 sq. feet office building with a 1,261 sq. feet apartment.
The parties agree as follows:
1. Grant of easement.
In consideration for a development permit for a 2,496 sq. feet office building with an apartment
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 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 statue 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
See Attchment D
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 ifset 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 in such manner as to affect the surface.
d. No activities detrimental to drainage, flood control, water conservation, erosion control
and soil conservation.
2
rILE '1. 2 0 1. 4 2 8
BKil. 655 PG#1. 91. 8
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 plantin2 of exotic ve2etation on all lots.
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. 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 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 2 0 1 428
BK# 1 6 5 5 PG# 1 9 1 9
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year fIrst
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. ~ature 0 witness
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Printed name of witness .;.
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Printed name of witness
Y L. KOLHAGE, CLERK
B~ UQ. ~';1CVt(-t..LJ
Deputy Clerk
Printed name of Grnoto, ~
--fM~l (rJ'fI~
Grantor
_L.,v,Jo t11"tt.( E",bj
Printed name of Grantor
STATE OF FLORIDA
COUNTY OF MONROE
and
BEFORE ME, the undersigned authority, personally appeared
,who are personally known to me, or have produced
"
and
, respectively
as identification.
Sworn to and subscribed before me this
Ie#'
dayof /nard-
,t!t .;1.CJ () O.
l!A"rh)~e.J 1I.1f:/d #(!(!. 1/()(.9o
Typed Notary Name and Number
lfacA~{);(d
Notary Signature and Seal
~TOFORM
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Attorney's Office
-- -----
KATHLEEN A. RITCH
Notary Public - State of Florida
My Commission Expires Jon 25, 2002
Commission 'if CC710690 ~
4
FILE #1201428
BK#1655 PG#1920
(If Applicable)
N/A
(Namet6f Mortgagee)
, whose address is
, 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
below.
on the date indicated
(Place of Execution)
Witness
, Mortgagee
Witness
STATE OF FLORIDA
COUNTY OF MONROE
SWORN TO AND SUBSCRIBED before me this
day of
20
-+9- , by
, who is personally known to me or has produced
as identification.
Typed Notary Name and Number
Notary Signature and Seal
5
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FILE #1 2 0 1 42 a
BK#1655 PGjI;1921
Lot 6 & 7 (Attachment A)
HABITAT ANALYSIS SCORESHEET
PARAMETER VALUE
1) % SOIL COVER 100
2) # WOODY PLANTS 36
3) TIE PLANTS 3
4) DENSITY TIE PLANTS >6/ACRE
5) PEST PLANTS a)Brazilian peppertree
b)Sapodilla
6) NONNATIVE PLANTS 2%
7) TIE ANIMALS a)White crown pigeon-range&food
b)Key deer-range
c)Lower keys rosy rat snake
d)Key mud turtle
8) SOIL DISTURBANCE 1%
9) SIZE 18,000 SQ.FT.
(.413 ACRES)
10)% PERIMETER ABUTTING 19.2%
DISTURBED LANDS
SCORE
3
3
1
3
1
2
1
2
o
3
TOXAL:
19
QUALITY RATING: MODERATE
OPEN SPACE: .60
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FILE #1 201 428
BK#1655 PG/l:1923
Lot 8 (Attachment C)
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clavium}. Also. known habitat areas for the Key Mud Turtle, the
Silver Rfce Rat (Orvzvmu~ arQ"ent~tue), the Inqigo snake
(Drvmarchchon corals COUDQrii). and the Florida Ribbon Snake
(ThamnoDhis sauri tus) exist approximately one half mile to the
south and west of the site.
During several inspections of the property, no protected.
endangered or threatened animal speoies were observed on the
property. No evidence of the above listed speoies were observed on
the property.
The property to the west appears to be an isolated wetland area
consisting of buttonwood. sea daisy, and mangroves and is
considered to be of greater value to many of the noted species.
Due to the high inoidence of poisonwood on the property, it is
expected that white crowned pigeons would use the property for
feeding.
8} % of substrate. disturbance = less than 25 %
f " :- Score: 2
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. The oenter or the 6i te W8B once oleared.
consists primarily of native vegetation.
areas of illegal dumping (an old mattress
along the property lines.
but the secondary growth
There were a few small
and vegetative debris)
9) Size of hammock =
Score: 0
approximately 0.46 acres
10} ~ of perimeter that abuts developed or disturbed lands: 29 %
Score: 2
The eastern boundary abuts a cleared. developed commercial lot.
The northern and southern boundaries border easements for roadways.
The northern easement is mostly vegetated. but a few "open" spaces
exist. The southern easement is thickly vegetated with native and
opportunistic tree species. The wes~ern property line abuts an
undeveloped. vegetated lot.
Total Score: 16
[According to Section 9-806 of the Monroe County Code, this
hammock is of moderate quality. The required open space ratio
development of this lot is 60 %.
Most of the property consists of secondary growth. an area that was
in the past cleared and scraped. Any development on this prope:ty
should be confined to the center portion of the property WJ. th
primary access through Pieces of Eight Road. One joewood tree and
some young silver palms exist within this area and will have to be
transplanted.
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