HomeMy WebLinkAbout08/21/2002Grant of
Conservation
Easement
MONROE COUNTY
OFFICIAL RECORDS
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RCD Sep 17 2002 11:07AM
DANNY L KOLHAGE, CLERK
THIS AGREEMENT is made this u day of & 6 () " , 20 6 A— by and between
Russell A. Post and Catherine Post
whose address is c/o Russell Post Properties, 35 Ocean Reef Drive, Suite 120, 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, Fl 33040 (Grantee).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
6 Mahogany Lane, Ocean Reef Club, Key Largo, Florida 33037
(the servient estate) more particularly described as follows: (Legal description) Lots 5 & 6 Block 5
Harbor Course South Section 2, OR Plat 14, Pb 7 pg 52, RE# 005 73 700-002 701 and
RE# 00573690-000600
The Grantor desires to develop the servient estate as (describe project):
Additions to a single family home as shown in permits 02-3-2676 & 02-3-2677
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
Document prepared by Jean Reisinger
Address 88800 Overseas Highway
Tavernier, Florida 33070
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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 additions to a single family home.
The parties agree as follows:
1. Grant of easement.
In consideration for a development permit for additions to a single family home
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 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 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.
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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.
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 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.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
Om-18 23
BOARD OF C
tN_ L. KOLHAGE, CLERK OF MONROE
^S h
a .
By
Mar -Les
Deputy Clerk Mayo
Signature of witness
✓;I,*Z"A SALT222�T_
Printed name of with s
Signature of witness
1414 "A S4LTMC-i
Printed name of witness
STATE OF FLOREDA r 45� �D.
COUNTY OF � � m�%
i'
Grantor
Printed name of Grantor
Grantor
Printed name of Grantor
APPROVED AS TO FORM
I, -NCY
BY
Attorney's Office
BEFORE ME, the undersigned authority, personally appeared
(Grantee)
r�L� s 1 {ins
and ,who are personally known to me, or have produced
c ! f 1 0 0 Z /S l ALAC- '� and �� V I V-t41S ° , respectively
as identification.
Sworn to and subscribed before me this day of , 20 �.
Woyd
Typed Notary Name and Number Notary Signature and Seal
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(If Applicable)
Gibraltar Rank F S - R , whose address is
(Name of Mortgagee)
290 Alhambra CJ-rcle ,City of Coral sables '
County of Dade State of ly 1Or-i d—a ,
having a record interest in the lands described in the Conservation Easement Agreement between
R T7 R G A 1 po t Grantor, and Monroe County, Florida, Grantee, hereby joins in, consents,
6 Mahogany Lane
and ratifies that Conservation Easement at Key Largo, F1 on the date indicated
below.
i ess
i
Witness
STATE OF FLORIDA
COUNTY OF MONROE
(Place of Execution)
APP tOVED AS FORM
ORM
ANIC L SITFFCI y
BY
Attorneys Office
SWORN TO AND SUBSCRIBED before me this ? day of �u L
2001, by 2 o 3 A Cp S A V-V, u who ise rsonally knoNG to me has produced
--- _ ' as identification.
el �,p I
Typed Notary Name and Number
Notary Signature and Seal
CHERYL BUNTER
MY COMMISSION # CC 905262
'a EXPIRES: March 1, 2004
Bonded Thru Notary public Underwriters
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