06/19/2002 Easement
Granlof
MONROE COUNTY
OFFICIAL RECORDS
FILE # 1. 3 1. (2) 5 9 5
BK#1. 7 9S PG#6SS
Conservation
RCD Jul 09 2002 11:58AM
DANNY L KOLHAGE, CLERK
Easement
THIS AGREEMENT is made this 19 th day of
June
,2002
by and between
Mark and Darvn PaJ!e
whose address is P. O. Box 577 Tavernier, Florida 33070
County of Momoe
State of Florida . (Grantor) and Momoe County, a political
subdivision of the State 9fFlorida, whose address is 5100 College Road, Stock Island, Key West, Fl33040
(Grantee).
.
The parties recit<:oanddeclare:
The Grantor is the owner ?.f certain real property commonly known as
35 Sunset Court
(the servient estate, more
particularly described as follows: (Legal description)
Lots 4, 5 & 6 Block 2
Sunset Point, as recorded in Plat Book 2 PaJ!e 81 official records Monroe County
Florida RE# 00490630-000000, 00490640-000000 & 00490650-000000
The Grantor desires to develop the servient estate as (describe project):
A single family home as shown in permit 97-3-772
The servient estate contains (describe relevant natural features):
Moderate Quality iIrgh Elevation Tropical Hardwood Hammock
The Grantee is a .general purpose political subdivision of the State authorized and required to
regulate and control the us.€: 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
. .
FILE # 1 :3 1 (2) 5 9 5
BK# 1 7 9 a PG# 6 a 9
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
The parties agree as follows:
1. Grant of easement.
In consideration for a development permit for a single family home
and in order to comply with Sec. 9.5-336, Momoe County Code, the Grantor hereby grants to Grantee the
easement described below.
2. Character of the easement and governinl!: 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 Exhibit A attached
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 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.
2
FILE # 1 :3 1 0 5 9 5
BK#l 7 98 PG#690
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.
f. No planting of non-native plants.
5. Terms. and nersons 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 Alrreement.
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 Alrreement.
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 recoyer 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 #1310595
BK#l 798 PG#69 1
-'- ''',":~'''-''''
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
By
, FLORIDA (Grantee)
Deputy Clerk
~
~
~f
Gmnt"' ~
JQ]CAv L 2), ~L-
Dredn= Of1)'~' ~
~~I\ D ~
vyn u. ra.:. L
Printed name of Grantor
~~me"
Jt)"I/I9~Z- M7~
Printed name of witness
Signature of witness
C;-; c.. S,': #1 Oo"'l
Printed name of witness
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personally appeared II /lILH 5. P ~ 6 ~ ~. ~ 14.Il-V~ . ?.4 6 c[.
'ftmt
,who are personally known to me, or have produced
and
, respectively
as identification.
Sworn to and subscribed before me this ;; d- .~ day of J-t.. ~ ' 20 0 ;).... .-
\\\'''"''"'''''1.
A ~'~oV~AAVJ>!''<< ~
~ ~ .......:~' t
I-IIIWS04:t/A-- V/Z.t4HII~.o~\t.\SSION;'~~~ ~~ ~
~ ...>....0 'l>~ber 's, ~.. <P ~ ..
Typed Notary Name and Number ~ * ! ~ I ~ ~ ~ EN~Slgnature and Seal . .
=: ...... cw :*E
-z. . _
~ ~ ~. ~ #ce 888386 .: ~ ff
~~.i::l. ~. . f?'~;;;:
~''J-.,'''~,O,~l\I\II......~.. 0.';::;
~ ..0...: uDli^uooe"'~' <<'" ~
~ ve/.".;....~. ~ :.;.~":
"III. 4/C, STAt ~\\'
"'1111111111\\\
FILE # 1 3 1 (2) 5 9 5
SK# 1 7 9 a PG# 6 9 2
<G rl
"'~~--'---'."--"'-~
~
- - - - .- -- - ---....---.-
,/ ~ -i-
cJ
i ~ ~
.;
0 4. (..,Q
"1 j 0
" I I~
() i (
IJ ~ ~
II) 7". v')
I 0 00
it
3~ I
.1
,
,
0 .!
\'
.0 -l>
+: c
cl II
~ f
t. V
V vJ
(J ~
~tJ
IV
I
I~ +
10 <,
.J ')
r<1 ()
U
. -
-'
J(
tLl
o
<P
v
o
\J
':To
l-~
j~
o
i I~ l
. ~ I ~
~..'~ ~
~\. \~\~ \, ~ (j)
~ '.\\. ..."\. \\"\""..'''.> .
~'\"\. \ \\(T
~\\ \~'~'
\\\
",8'-"'>/ ' ,
ct
+
. '
..Q
~
'~f) c<
J jJ
1_ v
() b
...J Of;
J-.
(
~
t
~IJ
C
-1
VJ
MONROE COUNTY
OFFICIAL RECORDS