09/18/2002MONROE COUNTY
OFFICIAL RECORDS
Grant of
Conservation
Easement
FILE #1326454
BK#1820 PG#22.76
RCD Oct 07 2002 10:13AM
DANNY L KOLHAGE, CLERK
'( , a of Wiz' �` , 20 D Z-' by and between
THIS AGREEMENT is made this U Y
Geor e C. Nyman, Jr. and Sharon Nyman
whose address is 113 Coastal Drive, 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, F133040 (Grantee).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
113 Coastal Drive, Key Largo, Florida 33037
(the servient estate), more particularly described as follows: (Legal description) Lot 13 and 13 A
Second Corrected plat of Coral Coast, PB 7 63 Monroe Coun Records,
RE4 00555231-001300
11.1 The Grantor desires to develop the servient estate as (describe project):
A single family home and accessories as shown in ermit #95-3-2810
The servient estate contains (describe relevant natural features):
Declared High Quality High and Low Elevation Tropical Hardwood Hammock
The Grantee is a general purpose political subdivision of the State authorized and required to
ai property through land development regulations in order to protect the
regulate and cvn[rul the use of rc
Sec. 9.5-336 of the Grantee's land development regulations requires that
public health, safety and welfare.
_ p _ Document prepared by: Jean Reisinger
Nyman GOCEA Address: 88800 overseas Highway
Tavernier, Florida 33070
FILE #132E454
BK#1820 PG#227 7
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, Monroe County Code, the Grantor hereby grants to Grantee the
easement described below.
2. Character of the easement and RoverninR 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.
ea
3. Location of the easement. ( ) JA
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.
— Nyman GOCEA 2
4
FILE 0 'PG#227
�S
BK# -
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 plan—tingf non- tiv t
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,
e) the only mortgagee(s) having a security interest in the servient
whose consent is attached hereto, is (ar
estate.
(. 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.
g. 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 re resentative 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.
NymanGOCEA
FILE #132E-+454
BK#1.820 PG#2279
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
L. KOLHAGE, CLERK
Deputy Clerk
ignature o witness r
P rated name of wi ess
OWL
ature of witness
Printed name of witness
BOARD OF COUNTY CQWISSIONERS
OF MONROE CO , F ORIDA (Grantee)
am
Char es So ny McCoy
Grantor
Prnted aneo Grtran4�/u>
110
Grantor, �i
Printed name of Grantor
APPRO rD f FORM
i NCY
B Attomey's office
STATE OF FLORIDA
COUNTY OF MONROE
,� BEFORE ME,(,�the undersigned authority, personally appeared
S V✓(� ,who are personally known to me, or have produced
and iyl �,c
_ Xi L G. L_ and `''1 C- v respectively
as identification.
20h jr
f �GLC.� .
d Z
Sworn to and subscribed before me this Q f
(l lr') t L /✓. - i c A. -
Typed Notary Name and Number
Notary Signature and Seal
l�Y►i%' Connie D. Shields
;yx•:
MY COMMISSION # DD046822 EXPIRES
August 6, 2005
of f; •' BONDED rKU TROY FAIN INSURANCE, INC
Nyman GOCEA
FILE #13245454
BK#1.820 PG#2280
(If Applicable)
Fwhose address is
' J
(Name of Mortgagee)
�� (� JC % t ✓ .5 r , City of ✓
County of (22616 fc1 U e State of
f- L
having a record interest in the lands described in the Conservation Easement Agreement between
z� z e- Grantor, and Monroe County, Florida, Grantee, hereby joins in, consents,
and ratifies that Conservation Easement at J�L�} CAA -T L'' r �7 on the date indicated
below.
4 i ss i
��Jw
Witness
STATE OF FLORIDA
COUNTY OF MONROE
(Place of Execution)
Mortgagee
r'
SWORN TO AND SUBSCRIBED before me this 19 If day of
'
�� personally who is ersonall known to me or has produced
�n
as identification.
Typed Notary Name and Number
ApPRAS TO FO
BY
Attorney's Office
t
Notary Signature and Seal
}jt DEBRA J. CHAMPIGNY
= MY COMMISSION # DD 055522
EXPIRES: September 9, 2005
Bonded Thru Notary Public UndOMMOn
Nyman GOCEA 5
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FILE #1326454
BK#3-B2-0 PG#228�-
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MONROE COUNTY
OFFICIAL RECORDS
Area