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10/18/2000 Agreement (LT8&1/2LT9,BLK1) ClOd( Of 1h0 CircuR coun Danny L Kolhage Phone: 292-S55O Fax: 296-3616 Memorandum To: Tim McGarry, Director Growth Management Division Attn: Colleen Gardner From: Isabel C. DeSantis, /I C J'- Deputy Clerk '-.V, . v. Date: Wednesday, November 15, 2000 At the BOCC meeting on August 17,2000, the Board granted approval and authorized execution ofa Grant of Conservation Easement for Lot 18, Block 7, Harbor Course Section 3, Ocean Reef Plat 18, Plat Book 7, Page 53 Monroe County between Monroe County and Pinnacle Investment Properties, Inc. The real estate number is #00573710-001800. At the BOCC meeting on October 19, 2000, the Board granted approval and authorized execution of a Grant of Conservation Easement Agreement for Lots 23-27, Block 14 Lake Surprise Estates of Monroe County Florida between Sounds of Service Radio, Inc. and Monroe County. The respective Real Estate Numbers are 00537750-000000, 00537760-000000, 00537770-000000, 0537780-000000 and 00537790-000000. AND Grant of Conservation Easement Agreement for Lot 8 and half of Lot 9, Block 1 Harbor Course South, Section #2, Ocean Reef Plat #13 between Merle and Carmen Prebel and Monroe County. The Real Estate Number is 00573630-000300. Attached hereto are certified copies of the GOCEAs duly recorded in the Official Records of Monroe County. The originals have been mailed to the Grantors in the SASEs that were provided. Should you have any questions concerning the above, please do not hesitate to contact this office. cc: Pinnacle Investment Properties, Inc. Sounds of Service Radio, Inc. Merle and Carmen Prebe1 County Attorney vFne MONROE COUNTY OFFICIAL RECORDS FILE # 1 2 (2) 6 :3 9 7 BK# 1 6 6 1 PG# 4 7 (2) RCD Nov 03 2000 03:23PM DANNY L KOLHAGE, CLERK GRANT OF CONSERV A nON EASEMENT AGREEMENT iJ THIS AGREEMENT is made this --.H.:... day of f} C71J~ ,20 oJ) by and between Merle and Carmen Prebel whose address is 8 South Harbor Drive, 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, Fl33040 (Grantee). The parties recite and declare: The Grantor is the owner of certain real property commonly known as 8 South Harbor Drive, Ocean Reef Club, Key Largo Florida (the servient estate), more particularly described as follows: (Legal description) Lot 8 & % Lot 9 Block 1 Harbor Course South Sect. #2, Ocean Reef Plat #13 ~ {f4" 00 5?~" ~O -000300 The Grantor desires to develop the servient estate as (describe project): Single familv home as permitted in 98-3-2443 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 h,ealth, 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 home FILE # 1 2 (2) G :3 9 7 BK# 1 G G 1 PG# 4 7 1 The parties agree as follows: 1. Grant of easement. In consideration for a development permit for a single family home, permit # 98-3-2443 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 as shown in attachment "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 imoosed 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, sqil, 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 placing of trash, waste, or unsightly or offensive materials. 2 FILE # 1 2 (2) G ::3 9 7 BK# 1 G G 1 PG# 4, 7 2 f. No plantin~ of non-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 ofthis 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 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 #1206397 SK# 1 6 6 1 PG# 4 7 3 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first G i:::IJ /l J;; I jfJ f.l- Printed name of witness ~ \Jo AJ6- -3 Gran1,- ~ ~ (vy\-f lA ? rf- hQ Y L. KOLHAGE, CLERK Deputy Clerk V1A Printed name of Grantor BY STATE OF FLORIDA COUNTY OF MONROE _ BEFORE ME, the undersigned authority, personally appeared L~ .Jl.J7~ rWJ K. and ~ ~ ~ ,who are personally known to me, or have produced and , respectively as identification. Sworn to and subscribed before me this :; ? G 69~ ~ (11J;:) It\A ,JD fl.t:::S Typed Notary Name and Number 'Ii ~~ !~ ~.,;: 4 ft\ ><. :5 - . 0- (j) - . --1 -i I i m \:t> 1) (J'> Cl r c l> -i :r:: Z :r:: 1> iO OJ Cl iO 0 iU ~ -< m :? -1 ! - -L ~ ..01 (J) f I ~! ilpr , Jl!/"l )'--) I .;d -!: , 'II i ...c:. I . l.,NJ ~ FILE # 1 2 (2) 6 :3 9 7 BK# 1 6 6 1 PG# 4, 7 4, f"l1(\ ']>0 <f)Z rrt()) 3(l1 m/V z<c. --rJ> -t - ~..- 010 -::Jz.... -t:. -C ~ B- 0\- ;t. I ~) 21 . if l, l' . , i1 " fJ ':D -. ,.,. ~ N " <r' t-:) ,.. - , ~7 C'O m ~ t!\ .......tI -1- -:-t MONROE COUNTY OFFICIAL RECORDS RESIOi:HC~ , . . MR. & MRS. MERLE PREBEL I , i---r~t-; o ell. H . I I , . I: I Y" L.. Q 0 . , Loa 1 D ..