08/17/2000
MONROE COUNTY
OFFICIAL RECORDS
FILE # 1 196 756
BK# 1 6 5 <2> PG# 2 2 84,
RCD Aug 30 2000 12:09PM
DANNY L KOLHAGE, CLERK
GRANT OF CONSERV AllON EAfEMENT AGREEMENT ~
TInS AGREEMENT is made this n ~y Of~':; ~.(./..s z!- ~~
Boundarv LID.
by and between
whose address is
26351 Old State Road 4A, Ramrod Key, Florida, 33042
, State of Florida , (Gr.uuor) and Monroe County, a political
County of Monroe
subdivision of the State of Florida, whose address is 5100 College Road, Stock Island, Key West, Fl33040
(Grantee).
TIlC parties recite and declare:
TIIC Grantor is the O\\ner of ccrtain real property commonly known as
morc particularly described as follows: (Legal description)
Lot 6, GatoFarm Suh Plat #1
(the servient estate),
Lot 6 , Gato Farm Sub Plat # 1
TIIC Gnmtor dcsircs to de\'clop the servient estate as (describe project):
A sil1gle.fami~v residellce
TIle servient cstatc contains (describe relevant I1.1tural features):
see Eyhihil .. B" alld the tree snail . .
Moderate qllali~.v low tropical hardwood hammock with a 60% open space ratio
TIIC Grnntce is a gcncral purposc political subdivision of the State authorized and required to
re,gul.ue and controllbc use of real propert~. through land development regulations in order to protect the
public health. safety and wcHhre. Sec. 9.5-336 of the Grantee's land development regulations requires thm
certain .Ireas of thc servicnt estate be retained as opcn space and Preserved in their natumI condition if the
sCr\'icl1t estatc is to be del'cloped as a
TIlc partics agree .1S follo\\'s: .
sill~/e.family residence with a 60% open space ratio
I. Grant of easement.
FILE #.1 .1 96 7 S 6
BK#.16 S(2) PG#2 2 8 S
In consideration.. a development permit for a single family residence, permit # 98 J -385
and in order to comply wDl Sec. 9.5-336, Monroe County Code, the Grantor hereby grants to Grantee the
easement described below.
2. Character of the easement and 2OVemine: law.
This easement is amnservation easement under Sec. 704.06, FJa Stat. And is to be governed by,
construed and enforced in &Il:Ordance with that statue and with the applicable laws of the State of Florida.
3. Locationafthe easement (metes and bounds description of the open space area)
a. The conscnation easement is located as follows
See ExhilJit <fA"
instrument in its entirety.
as Exbibit "A" and, by refCImCe. made a part of as fuIly and to the same effect as if set forth in this
b. The locatiaa of the easement is also described in the diagram attached to this instrument
4. Restraints _DOsed bv the Conscrvation Easement.
future use oftbe servient cstawithin tbe cascment area:
TIIC conservation C8ment granted by litis instrument imposes the following restrictions on the
vegctation whosc removal is IIItborized by thc Gmntce's biOlogist).
a. No removal. trimming or Pruning oftrces, shrubs, or other vegctation (cxcept non-native
b. No acts thatare detrimental to wildlife or wildlife babitat PfCSCrvation.
SUbstances is such manner as . affect the surface.
c. No excavatiao, dredging, or removal of loam, peat gravel, soil, rock, or otber material
and soil conservation.
d. No activities detrimental to drainage, flood control. water conservation, erosion control
e. No dllDlping or placing of soil or olller substance or material as landfill or dwnping or
placing of b:Ish. waste. or unsightly or offensive materials.
f AI1'c0l1dililJns qlperm;t # 98/-385 (See F:xhihit 'T")
2
5. Tenns and Dersons bound.
FILE #.1 .1 9 G 7 S G
BK#.1 G S0 PG#2.2 8 6
This consezvation easement is peIpetuaI, runs with the land and is binding on all present and
subsequent Owners and ~ of the servient es1ate. Grantor_ tbat the lDOltgagee('l. if any ,
whose consent is attached hereto, is (are) the only mortgagee(s) having a security interest in the servient
estate.
6. Entire Allreement.
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 e~1ent incorporated in this Agreement
7. Modification of Al!I'eement.
Any modification of tltis Agreement or additional obligation ~ed by either party in
connection with this Agreement is binding only if evidenced in writing and signed by an authorized
rcpresentative of cach party and by any mortgagee.
8. AUomcv's fees.
is cntitled to recover rCClsonablc auomey.s fees and costs.
In thc c\'cnt of any conlrO\'crsy, claim or dispute arising under this instrument, the prevailing Party
9. Entrv of Grantee's reorescntative on the servient estate.
TIIC Grantec. s rcprcscntativc on the servient estate, after first furnishing the Grantor no less than
24 hours noticc for thc purposcs of iRSpcction to detennine the Gmntor's compliance with this Agreement.
10. Noticc.
Any notice providcd for or concerning tlus Agreement must be in writing and is sufficiently given
whcn sent by ccrtified or registcred mail. or \ia an equivalent service fiunished by a private carrier, to the
respectivc address of cach party as set forth at the beginning of this Agreement.
3
FILE # 1 1 9 6 7 5 6
BK# 1 6 5 (2) PG# 2 2 8 7
SS WHEREOF, the parties hereto have set their hands and seals the day and year first
~~
Deputy Clerk
BOARD OF COUNTY COMMISSIONERs
::ST:I;~
Mayor/Chairman
1J.~;~f~~
~1gI1aturC 0 WitnesS
LUh;
Printed
~~~
limn r
P,,"o(ph 0, KY'4vS'e
Printed name of Grantor
~.~_. %...-?"nA 0./
Gmntor
gSet1l1n ~q VS a..
Printed name of Gmntor
gnature of witness
~k ~ck-
Printed name of witness
STATE OF FLORIDA
COUNTY OF MONROE
- BEFORE ME, the W1dersigned authority, personally appeared Bud 'Olpb L~ M (Qu~e_
and Q Q"" () ",I\) ~rnll ~ ~ . who an: JlCr>OnaI~ known to ~or have produced
-
....--.10
, respectively
---
as identification.
Sworn to and subscribed before me this
and
C~l ~est- (!<!.le;)~:l/.:2..
Typed Notary Name and Number
~DD
N tan' Si and Seal
OFFlOAL NCYrARYSEAL
CHERYL A GUEST
NCYrARY PUBLIC STATE OF FtORIDA
COMMrssrON No, CCf,22212
MYCOMMISSIONEXP fmt'17~
:;t
..
FILE # 1 1 9 6 7 5 6
BK# 1 6 5 (2) PG# 2 288
tllA
(Name of Mortgagee)
(If Applicable)
, whose address is
, City of
County of , State of
having a record interest in the lands described in the Conservation F.a.~ent A8reement between
Grantor, and Momoe County, Florida, Grantee, hereby joins in. consents,
and ratifies that Conservation Easement at on the date indicated
below. (Place of Execution)
Wibless
, Mortgagee
Wibless
STATE OF FLORIDA
COUNTY OF MONROE
SWORN TO AND SUBSCRIBED before me this ,29 -(j; day of A {'/9l/.s~
. (./
, who IS personally known to me or has produced
as identification.
~~"N~ I8ASEtc. DESANrJs
€-f ':~ MY COMMISSION' CC 850213
\L....l EXPIRES:June28,2003
.....er..ll\.' Bonded 'I'hIu NoIIuy IWc LlndstwrtIe.s
~..t--ec. LOu~~
-
Notary Signature and Seal
Typed Notary Name :md Number
5
"EXHIBIT A"
;.
~
FILE # 1 1 9 6 7 5 6
BK# 1 6 5 <2> PG# 2 2 8 9
\\\~~9U~~~
opet0 ~paD2- 0\' Ctb%
PART OF PLAT
100'
LOT 1
. . ~ ..
:.;.. ',-.; ." .'.' .
::::~.:! ~. '. '~" .
\;'; . '. . .
\,'0 . '0. . :
-: " .
;.,.......... ...:.' : .'
;~~-..~...:..... ;" :'.
;:.;::;....:.~. : '.~. .
{~;lf{},:';;; .
.::..; ... ':' .
f": : .', 'l.~
.~ ':'. ,', :', .' .' .
';"'; ,":.: :."
-"-/l
'..............
." (;-b\
'1.---=~'~~- -'.-.-
'-ATU ;: " '-
FIELD
TO ~JR5
I SFECS.
I
I
- ~". _.o!--_ ._
- __ - L:.:. _.
1001 .
LOT :,
d\
C!
4
I
~~1t~
r( 61U..
.",'" 'I.
GL:- TO ROAD "fj(2j1 ROW)
-- - -'-.-' ..... ---"'- .... --- - .~--_.
/" "', r,.'
. ,:-' .,.)
I
. .
"
EXHIBIT "B"
FILE #:1 :1 9 6 7 5 6
BK#:1 6 5 Q) PG# 2 2 9 Q)
COMMON NAME
VINES/FERNS HERBACEOUS SPECIES
SNOW' BERRY
POISON IVY (EP)
MORINDA
PRICKLY PEAR (I)
WILD BAMBOO
GOLDEN CREEPER (I)
SALT ~L\RSH CORD GRASS
SCIEl'lTIFIC NAMe
CHIOCOCCA ALBA
TOXICODENDRON RADICANS
MORINDA ROYOC
OPtlNTIA STRICTA
LASIACIS ON ARICA TA
ERNODEA LlTrO~
SPARTINA PATENS
KEY: (T)
(EP)
(E)
THRE.ATENED
EXOTIC PEST
ENDANGERED
FAUNA SPECIES LIST
COMMON NAME
<:IL\B SP1DER
BLC'E - GRA Y GNA TCATCHER
O\'EN BIRD
TREE SNAIL
SCIENTIFTr t.{AAf6
GASTERACANniA CANCIFORMIS
POLIOPTILA CAERULEA
SEIURUS AUROCAPILLUS
LfGUUS OSMENnI
SITE ANALYSIS
DATA CRITERIA
ESTtMAno~
tI" S< >ll.l-Il',\Il'S CO\'ER.\(;I':
\n}( )1))' PL\NT SPECIES
PRc >TECTED PI..\NT SPI':Cll.:S
PRc rn':Cn':D PL\NT SPI':Cll:S PI':J{ :\CRE
IN\',\IS\'E EX(ync PI.. \ NT SPI:Cll.:S
:\Bl'ND..\NCE OF NON-Ni\TIVE PI..\NT SPECIES
PRe rrECTED F..\ L'N,\
DISTURBANCE OF TOPOGIL\PHY/Sl'BSTRATE
SIZE OF HA1\.[l\fOCK
PERI~[ETER ..-\BLTITING SC..\RIFIED L\ND
. 8()O/o
28
4
6
2
300/0
o
25%
8 ACREs
25%
ClfMl'L\ TIVE SCORE:
{JI'.\l./TY ()F LO\\' H..\M~I()CK ( )N SITE:
MODERATE
SCORE
3
2
2
2
1
1
1
2
2
3
19
~~
EXHIBIT "e"
P.I
FILE # 1 1 9 6 7 5 6
BK#1650 PG#2291
MEMORANDUM
To
- .
Boundary Ltd. . . ..~ ~
Dianna Stevenson, BiOl09ist~~
Environmental Resources Division
From:
Date:
-,'- t .,', _",
March 31, 1998
Re Conditions of land clearing for permit #981-385
_':."::..,.'1'
1. Maintain 60% open space in Hammock for perpetuity.
2. Areas to be cleared shall be clearly marked and inspected by
Biologist before clearinq beqins.
3. Notify Biologist within 48 hours of compietion of clearing.
4. All threatened, endangered, commercially exploited, and local-
ly rare species and native trees with a dbh of 4" or greater
shall be transplanted pursuant to the .approved transplantation
plan.
5. Durable construction barriers (such as fencing, wire cable or
rope) shall be placed around all Const1;~g~.f.9.~_~J:'eas and remain in
place until construction is complete. The barriers are to be
placed around the perimeter of the structure,S' from the drip
line.
5. Construction materials and equipment shall not be allowed in
areas of required open space.
6. No fill authorized on site.
7. All Gumbo limbos in the construction area shall be cut, scored
at the base, and transplanted on site.
8. All exotic species shall be removed from the parcel.
...
EXHIBIT "e"
P.2
FILE # 1 1 9 6 7 5 6
BK# 1 6 5 <2> PG# 2 2 9 2
Page 2
9. Exotic landscape plants shall not b~ planted in areas of re-
quired open space. .
10. Transplantation plan must be completed prior to C.O.
11. GOCEA required prior to C.O.
Owner/agent signature
CC Ross Alliston
file
MONROE COUNTY
OFFICIAL RECORDS