08/17/2000
MONROE COUNTY
OFFICIAL RECORDS
RCD Nov 03 2000
DANNY L KOLHAGE,
GRANT OF CONSERVATION EASEMENT AGREEMENT ,~
FILE # 1 2 (2) 6 :3 96
BK#1 6 6 1 PG#46 5
03:22PM
CLERK
-i-J,
THIS AGREEMENT is made thL i 7_ 'liay of _)9 uopsf jeD92 000 by and between
V
Pinnacle Investment Properties, Inc.
whose address is 24 Dockside Lane P.M.B. 485 Key Largo, FL 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, FI33040
(Grantee).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
39 Thatch Palm Way, Ocean Reef Club, Key Largo (the servient estate),
more particularly described as follows: (Legal description) Lot 18, Block 7, Harbor
Course Section 3, Ocean Reef Plat 18, RE#00573710-001800,
Monroe County Plat Book 7 Page 53
The Grantor desires to develop the servient estate as (describe project):
Single Family Residence Permit 9g=1-t917
The servient estate contains (describe relevant natural features):
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 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:
FILE # 1 2 (2) 6 :3 9 6
BK# 1 6 6 1 PG# 4 6 6
1. Grant of easement.
In consideration for a development permit for Sin g I e Fa mil y Res ide n ce
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 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 ofloam, 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 dode9. 5-345 (g) apply
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FILE # 1 2 (2) G :3 9 G
SK# 1 G G 1 PG# 4. G 7
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 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 !his 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
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FILE # 1 2 (2) 6 39 6
SK# 1 6 6 1 PG# 4 6 B
SS WHEREOF, the parties hereto have set their hands and seals the day and year fIrst
Y L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
:::JC;~
Mayor/Chairman
By-fh~C. .&Jd~
Deputy Clerk
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Grantor R-S PI24. 5,~,-
William A. Sport, President
Pipn~clc fn~o~tmoRt Proporties,
Printe name 0 Grantor
Inc.
Grantor
tJ/14
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Printed name of witness
Printed name of Grantor
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personally ap~ared Wi 11 i am A. Sport
and ,who ar~ kno~or have produced
and
, respectively
as identification.
Sworn to and subscribed before me this
12th d fJune XX 2000
ayo fl~.
fk&~x1 cf1-,(~
Notary Signature and Seal
\J.1,~ ~~~~nq:,i~'
p~ BONOEOTHRU
GF~- A11ANTIC BONDING co., INC
.
Andrea D. Gentile
Typed Notary Name and Number
BY
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FILE # 1 2 <2> 6 ::3 9 6
SK# 1 6 6 1 PG# 4, 6 9
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OLr PARTNERS,LrD..
d Commonwealth
Radius- 50.00
Oelta"" 5J"07'OJ"
Arc.. +6.35
Tangent: 24.99
Chof'(f.. 44. 71
Chord 8rg. S.64"49'4S"E.
Radfu."" 25.00
Delto!c. . 53'07'48"
ArC- .2J.78 ,
ra"g;,ilt- 12.50':
Chor.iJ~.. 22..J6. ' .
Chor,.q' .Brg. N,64"(J'OIf'W.
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G.R. Goff Partners, LTD
39 That~h Palm It'qy, Oc<<zn
BOUNDARY SURVEY
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Key W..t, Fl. );)040 -'-
(;>05) 293-0468
tfJ)(. (305)293-0237
Rft/, Key Largo,&
0..." No.:
97-1~
:01., 7...vo.
ADDmONS
MONROE COUNTY
OFFICIAL RECORDS