08/17/2000 Agreement
MONROE COUNTY
OFFICIAL RECORDS
FILE #1 205 582
BK#1660 PG#706
RCD Oct 31 2000 10:17AM
DANNY L KOLHAGE, CLERK
GRANT OF CONSERVATION EASEMENT AGREEMENT
J.h
THIS AGREEMENT is made this E2- day of ,/l~ OS I
20 ()O by and between
Sllsan Ri'7ilra
whose address is
31 R~UTsnn Rnl'lrl, ~Rg Hl'lrlv'lr, NY 1191l'1
State of NY , (Grantor) and Monroe County, a political
County of
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
8 Cinnamon Hark I.ane, Key Lar&o
(the servient estate),
more particularly described as follows: (Legal description)
Lot 8. Block 54. Harbor Course
Section #4, Ocean Reef Plat 19, Monroe County, Plat Book 7, Page 54. RE
#00573720 OO~ 0'0
The Grantor desires to develop the servient estate as (describe project):
Single Family Residence Pennit #99-3-141
The servient estate contains (descnbe relevant natural features):
1"-"'"
Low elevation, moderate quality 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 regulations1J{'~rder to protect the
public health, safety and welfare. Sec. 9.5-336 of the Grantee's 1and 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:
FILE #1 205 5 82
SK# 1 6 6 0 PG# 7 0 7
1. Grant of easement.
In consideration for a development permit for
Single Family 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 ~overning 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
See Exhibit "A"
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.
e. No dumping or placing of soil or other substance or material as landfill or dumping or
f.
placing of trash, waste, or unsightly or offensive materials.
All requirements of Monroe County Code 9.5-345(g) apply
2
5.
Terms and persons bound.
FILE #1 205 582
8Kl1 660 PGI7 0 8
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 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 '1 205 582
BK'1660 PGi709
L. KOLHAGE, CLERK
By Jba.k.L c .111;'>1 ~
Deputy Clerk
Mayor/Chainnan
SUAAn Rizika
Printed name of Grantor
Grantor
Printed name of witness
Printed name of Grantor
STATE OF FLORIDA
COUNTY OF MONROE
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and
~ Rizika
BEFORE ME, the undersigned authority, personally appeared [:,I.Y-~
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,who are personally known to me, or-ll.ll'lc preSuced
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as identification.
Sworn to and subscnbed before me this
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/ Y. day of
, respectively
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. No.CC665557
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BY
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LOCATION
MAP
NOT TO SCALE
FILE #1 2 0 5 5 8 2
BK#1660 PG#711
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SURVEYOR~S NOTES:
1. - THIS IS A BOUNOARY SURVEY WITH IMPROVEMENT
LOCA T ION.
2. - DESCRIPTION WAS FURNISHED BY CLIENT.
3. - THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT
OF A TITLE SEARCH; THEREFORE ONLY THOSE RIGHT
OF WAY AND EASEMENTS ( I F ANY) RECORDED ON THE
PLAT ARE SHOWN HEREON.
4. - ELEVATIONS HEREON WHERE DERIVED FROM BENCHMARK
· M-327 ELEVATION 5.974'.
5. - ELEVATIONS SHOWN HEREON ARE REFERENCED TO
(N.G. V. D.) NATIONAL GEODETIC VERTICAL DATUM OF
1929.
6, - UNDERGROUND FOOTINGS, FOUNDATIONS, UTILITIES OR
SEPTIC TANKS WHERE NOT LOCATED BY THIS SURVEY.
7. - BEARINGS AND NORTH ARROW SHOWN HEREON ARE
BASED AS PER PLAT, WHERE THE CENTER LINE OF
CINNAMON BARK LANE BEARS N 7go33'26"W FROM
POINT OF CURVATURE TO POINT OF INTERSECTION.
a. - ALL DISTANCES AND BEARINGS SHOWN MATCH RECORD
DISTANCES AND BEARINGS UNLESS OTHERWISE NOTED.
9. - THIS SURVEY MEETS THE MINIMUM TECHNICAL
STANDARDS SET FORTH BY CHAPTER 61G17-6 FLORIDA
ADMINISTRATIVE CODE. PURSUANT TO CHARTER
472.027 FLORIDA STATUTES.
10- THIS PROPERTY IS LOCATED IN NATIONAL FLOOD IN-
SURANCE PROGRAM FLOOD ZONE "AE" BASE FLOOD
ELEVATION B.O' AS SWOWN ON F. E.M. A MAP PANEL
N0125129 0666 F REVISED OCTOBER 17, 19B9.
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ABBREVIATIONS & SYMBOLS
TR I-COUNTY ENG I NEER I NG, I ne.
ENG I NEERS 0 ARCH I TECTS 0 SURVEYORS & MAPPERS
CERTIFICATES:EB-6706,AA-2777, LB-6S07. FLORIDA
555 East 25 Street N0210 Ph: (305) 694-8177
Hialeah,Florida 33013 Fax:(305) 835-0754
MONROE COUNTY
OFFICIAL RECORDS
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NOTE: NOT A VAL I D SURVEY WITHOUT THE
SIGNATURE AND ORIGINAL SEAL OF A FLORIDA ~
REGISTERED SURVEYOR AND MAPPER.
. LOWEST FLOOR ELEVATION
= MAIN FLOOR ELEVATION
. FOUND
. GARAGE FLOOR ELEVATION
. CENTER LI NE
= RIGHT OF NAY
. ~TORY
. ELEVATION
. FD. t/2'PIPE N"PLS-2749 UON.
= FD.NAIL G DISK N"PLS-2749
. CONCRETE BLOCK STRUCTURE
. POINT OF INTERSECTION
. RES I DENCE
= UNLESS OTHERWISE NOTED
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<ETCH OF SURVEY SCALE
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POINT OF
BEGINNING
PARCEL "A"
3CR I PT ION:
54, BLOCK B," HARBOR COURSE SOUTH , SECT J ON FOUR, OCEAN REEF PLAT N.. 19" ,
IRDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7 , AT PAGE 52 OF
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA.
PARCEL A:
RTION OF TRACT B, HARBOR COURSE SOUTH, SECTION TWO, OCEAN REEF PLAT N.t7,
RDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, AT PAGE 52 OF THE
IC RECORDS OF MONROE COUNTY, FLORIDA AND BEGING MORE PARTICULARLY
RIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF LOT 54, BLOCK 8, HARBOR
SE SOUTH ,SECT I ON FOUR; THENCE S 03.38' 56. W, ALONG THE EXTENS I ON OF THE
ERLY LINE OF SAID LOT 54 , BLOCK 8 , A DISTANCE OF 20.02 FEET; THENCE
.38'04" W ALONG A LINE 20 FEET SOUTHERLY OF AND PARALLEL WITH THE
HERL Y LINE OF SA I D LOT 54 FOR 140. 76 FEET; THENCE N 07. 17' 57" E FOR 20. 11
TO THE SOUTHWEST CORNER OF SA I D LOT 54 ; THENCE S 88.38' 04. E ALONG THE
HERLY LINE OF SAID LOT 54 FOR 139.48 FEET TO THE POINT OF BEGINNING.
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