09/18/2002MONROE COUNTY
OFFICIAL RECORDS
Grant of
Conservation
Easement
FILE # 1 3 2 6.4.4 0
BK#1820 PG* 2196
RCD Oct 07 2002 10:00AM
DANNY L KOLHAGE, CLERK
THIS AGREEMENT is mad
e this % day of ' , 2002 by and between OCEAN
REEF CLUB, INC., a Florida corporation not -for -profit ("ORC"), whose address is 35 Ocean Reef Drive,
Suite 200, Key Largo, Florida 33037, and THE ACADEMY AT OCEAN REEF, INC., a Florida
corporation not -for -profit ("Academy"),
whose address is 1 Dockside Lane, Ocean Reef Club, Key Largo,
Florida 33037 (collectively, "Grantors") and MONROE COiJNTY, FLORIDA, a political subdivision of
the State ofFlorida, whose address is 5100 College Road, Stock Island, Key West, Florida 33040 ("Grantee").
The parties recite and declare:
l property located on South Harbor Drive, Ocean Reef Club, Key
ORC is the owner of certain rea
Largo, Florida 33037, as legally described in Exhibit „ attached hereto and incorporated herein by this
reference (the "ORC Property"). R E# 0 0 5 7 3 6 3 0— 0 0 2 6 0 0
Academy is the owner of certain real property located on South Harbor Drive, Ocean Reef Club,
Key Largo, Florida 33037, as legally described in Exhibit "B" attached hereto and incorporated herein by this
reference (the "Academy Property"). 00573630-002601
The ORC Property and the Academy Property may be referred to herein, collectively, as the "Servient
Estate".
Academy desires to develop the Academy Property as a school and accessories, as shown in Permit
#00-34984.
The Servient Estate contains moderate quality low elevation tropical hardwood hammock
Grantee is a general purpose political subdivision of the State of Florida 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. Section 9.5-336 of Grantee's land development regulations requires that certain
areas of the Servient Estate be retained as open spaces and preserved in their natural condition if the Servient
Estate is to be developed as a school and accessories.
The parties agree as follows:
Document Prepared by:
Erica L. English
Katz, Barron, Squitero
2699 S. Bayshore Dr.
Miami, Vt 33133
FILE #1326440
BK#1820 PG#2197
1. Grant of Easement
In consideration for a development permit for a school and accessories and in order to comply
with Section 9.5-336, Monroe County Code, Grantors hereby grant to Grantee the easement described below.
2. _Character of the Easement and Governing Law.
The easement is a conservation easement under Section 704.06 F1a.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:
The conservation easement area is legally described in E*bit_`C", by reference, made a part
of as fully and to the same effect as if set forth in this instrument in its entirety (the "Easement Area"). The
Easement Area is also described in the diagram attached to this instrument as ExhibitI'D", 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 Im sed b 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
substance in 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 other substance or material as landfill or dumping or
placing of trash, waste, or unsightly or offensive materials; and
f. No planting of non-native plants.
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. Academy represents that the mortgagee whose
consent is attached hereto is the only mortgagee having a security interest in the Academy Property. ORC
represents that there is no mortgagee having a security interest in the ORC Property.
6. Entire Agreement:
FILE #1326440
BK#1.820 PG#21.98
This instrument constitutes the entire agreement between the parties and any prior
understanding or representation of any kind preceding the date of this instrument is not binding upon either
party except to the extent incorporated into this instrument.
7. Modification of Easement.
Any modification of this instrument or additional obligation assumed by either party in
connection with this instrument is binding only if evidenced in writing and signed by an authorized
representative of each party and by any mortgagee.
g. Attorneys' Fees:
In the event of any controversy, claim or dispute arising under this instrument, the prevailing
party is entitled to recover reasonable attorneys' fees and costs.
9. Entry of Grantee's Re resentative on the Servient Estate.
The Grantee's representative on the Servient Estate, after first furnishing the Grantors no less
than 24 hours notice for the purposes of inspection to determine the Grantors' compliance with this instrument.
10. Notice:
instrument must be in writing and is sufficiently
Any notice provided for or concerning this
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 instrument.
WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
~' BOARD OF COUNTY
�r
1NY L. KOLHAGE, CLERK OF MONROE COUNT
B
Mayor/Ch
eputy Clerk uman
Charles "Sonny" McCoy
(execution continued on following page)
(Grantee)
Witnesses:
PrintName of Witness P�{-ri2`t�:k G�Ss�'4
Print N�amof Witness C.
FILE #3-3245440
BK#1820 PG#2199
GRANTORS:
THE ACADEMY AT OCEAN REEF, INC., a
Florida corporation not -for -profit
y
rrmt Name: r9//•�/ f DST
Title: �_YF 36fF ! ��
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority per
appeared y Y r
ra
��--� 1z, of THE AC REEF, INC., a Florida corporation not -
as to me r who produced as
for -profit, on behalf of the corporation, who is y
identification.
Sworn to and subscribed before me this @M day of
�r-�Ll. r� L Vim' "� ►C�t,Uc
Li
Typed Notary Name and Number
___P __
Notary Signature and Seal
j- pETRINE M. WINIU
=�W�'.y� MY COMMISSION # DD OV26
'•` EXpIRES: July 31.2 g page)
rnNN,uu n continued on followingBWW
APPROVED AS TO FORM
D L SU EE
Attorneys Office
FILE #132G440
BK#1.820 PG#2200
GIBRALTAR BANK, FSB, a federal savings bank, having its address at 220 Alhambra Circle,
Suite 500, Coral Gables, FL 33134 Attn: Peter Raffalski, Senior Vice President, having a record interest in
the Academy Property described in the Grant of Conservation Easement between Ocean Reef Club, Inc., The
Academy at Ocean Reef, Inc. and Monroe County, Florida, Grantee, hereby joins in, consents, and ratifies that
Grant of Conservation Easement at
the date indicated below.
PrintN of Witness MAYULI L. BETANCOURT
Print Name of I E.elo�,L
STATE OF FLOPI1� , �,,)
COUNTY OF �JVV �� l 1�d�
[place of execution] on
GIBRALTAR BANK, FSB, a federal savings
bank
By:
Print Name:
Title:
r,� BEFORE ME, the undersigned au or ty p ally a
asii IUD !J, � of,
ation who is personally kno3ma—to-me or who produced
4�)/
on behalf of the
as identification.
corpor ,_ +(�-� ` J u) 2002.'
Sworn to and subscribed before me this I " day of
1.,
MAYULI L. BETANCOURT
Typed Notary Name and Number Notary Si a re and Seal
Mayuh L. Betancourt
e�� Puz Commission # CC 932493
Expires June 13, 2004
% l� •.... ,F., Bonded Tluu
`, Atlantic Bonding Co., Inc,
r AS TO FO
CY
Attorney's Office
Witnesses:
Print Name of W s LUWA
�� � Agtv L—��hon
Print 1#me itness
STATE OF FLORIDA
COUNTY OF MONROE
FILE #3-3 245440
BK#1820 PG#2201.-
OCEAN REEF CLUB, INC., a Florida
corporatio not -for -profit
By: r
Print Name: ct,� il
Title: " t
BEFORE ME, the undersigned authority personally appeared
as /2J % de"-k of OCEAN REEF CLUB, INC., a Florida corporation not -for -profit,
behalf of the corporation, who is personally known to me or who produced as identification.
Sworn to and subscribed before me this a ? day of u�� 2002.
Zen c, k.'8; C1kje Cc 8'ro7 —9/
Typed Notary Name and Number
r
o Signature and Seal
e, Lena K Bidde
**My Commission CC867481
y'?an1 Expires August 30, 2003
AP
OVBD As TO FORM
AN A W" NCY
B
Attorney's Office
FILE #132E>440
BK#1820 PG#2202
EXHIBIT "A"
LEGAL DESCRIPTION OF THE ORC PROPERTY
Tract "C" of Harbor Course Section Two, Ocean Reef Plat No. 13 as recorded in Plat Book 7, Page 5 of the
Public Records of Monroe County, Florida.
TOGETHER WITH
A portion of the NE 1/4 of Section 24, Township 59 South, Range 40 East, Monroe County, Florida, more
particularly described as follows:
Commence at the NW corner of the NE 1/4 of Section 24, Township 59 South, Range 40 East, thence along
the North line of said Section 24, N 88 ° 36'27" E-108.79 feet to the POINT OF BEGINNING of the following
described parcel of land; thence continue along the North line N 88°3627" E - 252.70 feet to a point of
intersection with the Westerly R/W line of South Harbor Drive, thence along said R/W line S 1 °33'42" E -
260.97 feet to a point of curvature with a circular curve concave to the Northwest; thence along the arc of said
curve having a radius of 350 feet and a central angle of 35°4749" for 218.67 feet; thence leaving said R/W
line S 89°49'31" W - 186.63 feet; thence N 1 °33'42" W - 461.92 feet to the POINT OF BEGINNING.
LESS AND EXCEPT:
A portion of Tract A of HARBOR COURSE SOUTH, SECTION ONE, OCEAN REEF PLAT NO. 14,
according to the plat thereof, as recorded in Plat Book 7, at Page 9, of the Public Records of Monroe County,
Florida, more particularly described as follows:
A parcel of land lying in the NE 1/4 of Section 24, Township 59 South, Range 40 East, Monroe County,
Florida, more particularly described as follows:
Commence at the SW corner of the SE 1/4 of Section 13, Township 59 South, Range 40 East; thence N 88'
36' 27" E along the South line of Section 13, 361.49 feet to a point of intersection with the Westerly right of
way line of South Harbor Drive; thence Southerly along said right of way line S 1 ' 33' 42" E, 117.79 feet to
the POINT OF BEGINNING ofthe following described parcel of land; thence continue along said right of way
line, S 1 ° 3 3' 42" E, 143.18 feet to a point of curvature with a circular curve concave to the Northwest having
a radius of 350.00 feet and a central angle of 31 ° 09' 22"; thence along the arc of said curve 190.32 feet to a
point of intersection with a circular curve concave to the North, the center of which bears N 27 ' 20' 45" E;
thence Northwesterly along the arc of said curve having a radius of 25.00 feet and a central angle of 13' 05'
00" for 5.71 feet to a point of reverse curvature with a circular curve concave to the Southwest having a radius
of 49.00 feet and a central angle of 40' 36' 14"; thence along the arc of said curve for 34.72 feet; thence S 89 °
49' 31" W, 93.11 feet to a point of curvature with a circular curve concave to the Northeast having a radius
of 25.00 feet and a central angle of 88 ° 36' 47"; thence along the arc of said curve, 38.66 feet; thence N 1 ° 33'
42" W, 91.44 feet to a point of curvature with a circular curve concave to the Southeast having a radius of
25.00 feet and a central angle of 44 ' 54' 36"; thence along the arc of said curve 19.60 feet; thence N 43 ' 20'
54" E, 40.52 feet to a point of curvature with a circular curve concave to the Northwest, having a radius of
45.00 feet and a central angle of 45 ° 00' 00"; thence along the arc of said curve 35.34 feet; thence N 01 ' 39'
06" W, 22.50 feet to a point of curvature with a circular curve concave to the Southeast having a radius of
30.00 feet and a central angle of 60 ' 53' 24"; thence along the arc of said curve 31.88 feet to a point of reverse
curvature with a circular curve concave to the Northwest having a radius of 80.00 feet and a central angle of
57 ' 27' 56"; thence along the arc of said curve for 80.24 feet; thence N 89 ° 49' 31 " E, 99.03 feet to a point
of intersection with the aforementioned Westerly right of way line of South Harbor Drive and the POINT OF
BEGINNING.
End of Legal Description.
FILE #1326440
BK#1.820 PG#2203
EXIMIT "B"
LEGAL DESCRIPTION OF THE ACADEMY PROPERTY
A portion of Tract A of HARBOR COURSE SOUTH, SECTION ONE, OCEAN REEF PLAT NO. 14,
according to the plat thereof, as recorded in Plat Book 7, at Page 9, of the Public Records of Monroe County,
Florida, more particularly described as follows:
A parcel of land lying in the NE 1/4 of Section 24, Township 59 South, Range 40 East, Monroe
County, Florida, more particularly described as follows:
Commence at the SW corner ofthe SE 1/4 of Section 13, Township 59 South, Range 40 East; thence
N 88 36 27"E along the South line of Section 13, 361.49 feet to a point of intersection with the
Westerly right of way line of South Harbor Drive; thence Southerly along said right of way line S 1 °
33' 42" E, 117.79 feet to the POINT OF BEGINNING of the following described parcel of land;
thence continue along said right of way line, S 1 ° 33' 42" E, 143.18 feet to a point of curvature with
a circular curve concave to the Northwest having a radius of 350.00 feet and a central angle of 31 °
09' 22"; thence along the arc of said curve 190.32 feet to a point of intersection with a circular curve
concave to the North, the center of which bears N 27 ° 20' 45" E; thence Northwesterly along the arc
of said curve having a radius of 25.00 feet and a central angle of 13' 05' 00" for 5.71 feet to a point
of reverse curvature with a circular curve concave to the Southwest having a radius of 49.00 feet and
a central angle of 40' 36' 14"; thence along the arc of said curve for 34.72 feet; thence S 89 ° 49' 31 "
W, 93.11 feet to a point of curvature with a circular curve concave to the Northeast having a radius
of 25.00 feet and a central angle of 88 ° 36' 47"; thence along the arc of said curve, 38.66 feet; thence
N 1 33 42"W, 91.44 feet to a point of curvature with a circular curve concave to the Southeast
having a radius of 25.00 feet and a central angle of 44' 54' 36"; thence along the arc of said curve
19.60 feet; thence N 43 ° 20' 54" E, 40.52 feet to a point of curvature with a circular curve concave
to the Northwest, having a radius of 45.00 feet and a central angle of 45 ° 00, 00"; thence along the
arc of said curve 35.34 feet; thence N 01 ° 39' 06" W, 22.50 feet to a point of curvature with a
circular curve concave to the Southeast having a radius of 30.00 feet and a central angle of 60 ° 53'
24"; thence along the arc of said curve 31.88 feet to a point of reverse curvature with a circular curve
concave to the Northwest having a radius of 80.00 feet and a central angle of 57' 27' 56"; thence
along the arc of said curve for 80.24 feet; thence N 89 ° 49' 31" E, 99.03 feet to a point of intersection
with the aforementioned Westerly right of way line of South Harbor Drive and the POINT OF
BEGINNING.
End of Legal Description.
FILE #3-326440
BK#1820 PG#2204
EXHIBIT "C"
LEGAL DESCRIPTION OF EASEMENT AREA
FILE #3-32C440
BK#1820 PG#2205
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FILE #1 3 26440
BK#1.820 PG#220G
E)MMIT "D"
SKETCH OF EASEMENT AREA
(easement area is cross -hatched on attached sketch)
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EXHIBIT- 12 FILE # 1 3 2 6.4.4 0
BK# JL E3 2 (a PG# 2 2 (a -7
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EXHIBIT MONROE COUNTY
-1 --------- OFFICIAL RECORDS