08/21/2002 Agreement (LT20,BLK7)Welt efdie
Circuit
court
Danny L. Kolhage
Clerk of he Circuit Court
Phone:
FAX: (305)5��663
e-mail: phancock®monroe-clerk.com
TO: Timothy McGarry, Director
Growth Management Division
ATTN: Colleen Gardner
Executive Assistant
FROM: Pamela G. Hanc&
Deputy Clerk
DATE: September 26, 2002
At the August 21, 2002, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Grant of Conservation Easement between Monroe County and Russell A. & Catherine Post, Permit
Nos. 02.3.2676 and 02.3-2677, for property described as Lots 5 & 6, Block 5, Harbor Course South,
Section II, Ocean Reef, Florida. The real estate numbers are 00573700-002701 & 00573690-000600.
Grant of Conservation Easement between Monroe County and MVP Keys, Inc., Permit No.
99-3.1864, for property described as Lot 20, Block 7, Harbor Course South, Section III, Ocean Reef,
Florida. The real estate number is 00573710.002000.
Enclosed is a copy of each of the above Easements for your records. The originals have
been forwarded to the Grantors in the envelopes provided. Should you have any questions please
feel free to contact our office.
cc: County Administrator w/o documents
County Attorney
Finance
File
Grant of
Conservation
Easementl,
MONROE COUNTY
OFFICIAL RECORDS
FILE #1322959
BK# 1 8 1 5 PG# 1 7 2 1
RCD Sep 17 2002 11:04AM
DANNY L KOLEAGE, CLERK
THIS AGREEMENT is made this 2J�rday of JqVC�,j CJ5; , 20 0'2, by and between
MVP Keys, Inc.
whose address is P. O. Box 260610, Pembroke Pines, Florida 33026
County of Broward 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, F133040
(Grantee).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
27 Thatch Palm, Ocean Reef Club, Key Largo, Florida 33037
(the servient estate), more particularly described as follows: (Legal description) Lot 20 Block 7
Harbor Course South Sect. III, Ocean Reef Plat 18 PB 7 pg 53 & adjacent Pt Tract A,
RE# 005 73 710-002000
The Grantor desires to develop the servient estate as (describe project):
Single family home as shown in permit # 99-3-1864
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
MVP 1,20137 HAS III Document Prepared by Jean Reisinger
Address 88800 Overseas Highway
Tavernier, Florida 33037
1
FILE # 1 3 2 2 4 5 9
BK# 1 8 1 5 PG# 1 7 2 2
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 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.
MVP 1,20137 HCS III 2
e
FILE # 1 3 2 2 9 5 4
BK# 1 8 1 5 PG# 1 7 2 3
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. Attorne '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.
MVP 1,20137 HCS III 3
FILE # 1 3 2 2 4 5 9
BK# 1 8 1 5 PG# 1 7 2 4
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
Deputy Clerk
Printed name of witness
Signature of witness
1%b e `I 6dkiGy
Printed name of witness
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUWY, FWRIDA (Grantee)
Granto
/Printe ame of antor
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personally ap eared \ A `,
and ,who are pe onat y lrnbwn to e, or have produced
oi-Cz �C, 1 �-<'k C and 1� �� �'� respectively
as identification. ---�
Sworn to and subscribed before me this day of ,20
.``env o6�b -Dale 1VL Kelleher
Typed Notary a Q� Notary Signature and eal
o.
Adwtic BoirdEng Co.. Inc
ROVED AS TO F
` f Si CI Cy
MVP 1,20137 HCS III 4 B
Attorney's Office
FILE #1 3 22959
1� 1 BK#1 8 1 5 PG#1 7 2 5
,9$
10!
9
!, 1/2, f. P.
1&2749
NAR° AK' AAp F 1 m nn' e
4
h�
of
P.
O°'
'
l •idu' ASPHALT PAVEMENT
'HIVATE ROAD) 0
THATCH OALM
(N �� 175.86' z �.
P.
♦ WAY_
'S88°
_ a
1. C
MN. 35' 5B" W 120. 00'
�'-'''F00 P. C P.