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BRANCH OFFICE CLERK OF THE CIRCUIT COURT
3117 OVERSEAS HIGHWAY MONROE COUNTY BRANCH OFFICE
MARATHON, FLORIDA 33050 500 wHITEHEAD STREET 58820 OVERSEAS HIGHWAY
TEL. (305) 289 -6027 KEY WEST, FLORIDA 33040 PLANTATION KEY, FLORIDA 33070
FAX (305) 289 -1745 TEL. (305) 292-3550 TEL. (305) 852 -7145
MEMORANDUM FAX (305) 295 -3660 FAX (305) 852 -7146
DATE: October 6, 2000
TO: Timothy McGarry, Director
Growth Management Division
ATTN: Colleen Gardner, Executive Assistant
FROM: Pamela G. Hanc
Deputy Clerk
At the September 20, 2000, Board of County Commissioner's Meeting the Board granted
approval and authorized execution of a Grant of Easement between Monroe County and the City
of Key West to maintain, repair and operate the sanitary sewer line on Higgs Beach from White
Street to West Martello Tower.
At the September 21, 2000, Board of County Commissioner's Meeting the Board granted
approval and authorized execution of the following Grant of Conservation Easements:
Lots 16, 17, and 18, Block 2, Oceana Subdivision (unrecorded plat) of Monroe County,
Florida between Monroe County and George and Carolyn Wallis. The real estate number is
00085400- 000000.
Lots 1, 2, 3, and 22, 23, 24, Block 2, Knowlson Colony of Monroe County, Florida
between Monroe County and George and Martha Otto. The respective real estate numbers are:
00564510- 000000, 00564520- 000000, 00564530- 000000, 00564720- 000000,
00564730- 000000, and 00564740- 000000.
Enclosed please find certified copies of the above. The originals have been sent to the
respective Grantors. Should you have any questions please do not hesitate to contact this office.
Cc: County Administrator w/o document County Attorney File ✓
Property Appraiser w/o document Respective Grantor
MONROE COUNTY FILE # 3- 2 0 1 5 2 2 RCD Oct 02 2000 12 : 39PM
OFFICIAL RECORDS BK #1 6 5 5 PG #2 2 2 6 DANNY L KOLHAGE, CLERK
GRANT OF CONSERVATION EASEMENT AGREEMENT
THIS AGREEMENT is made this �& ay of l'� ', 1�� by and between
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whose address is
County of Monroe State of Florida
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, (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 778 Dolphin Avenue, Key Largo,
Florida 33037
(the servient estate), more particularly described as follows: (Legal description
Lots 16, 17 & 18 Block 2 Oceana Subdivision (unrecorded platt)
The Grantor desires to develop the servient estate as (describe project):
Single family home and accessories as shown on permit number 98 -3 -3082
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 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 and accessories
The parties agree as follows:
FILE #3_24D3_522
Grant of easement. BK# 1 6 5 5 PG# 2 2 2 7
1.
In consideration for a development permit for single family home and accessories
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 attached site plans, 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 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 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.
ITUMSIR - me
5. Terms and persons bound.
2
FILE # 1 2 0 1 5 2 2
BK# 1 6 5 5 PG# 2 2 2 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.
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.
FILE #1-2e)3-522
BK# 1 6 5 5 PG# 2 2 2 9
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
BOARD OF COUNTY COMMISSIONERS
OF MO E COUNTY, FL DA (Grantee)
B
AND LjEGA SUFFIC
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BY
Attorney's Office
Grantor
G : C o r - G e W►4 l L S
rinted name of Grantor
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Printed name'of Grantor
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personally appeared Cmg 2 V�a S
and who are personally known to me, or have produced
y1� 1 \(� `k� and , respectively
as identification. \
Sworn to and subscribed before me this �� day of
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Typed Notary Name and Numb r
Notary Signature and Seal
COMMISSION # CC 735402
Ef ISA SENTZ -GUY
EX EXPIRES: 04/20/2002a.
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