11/21/2001 Easement
~
to
Cl
e:;
>00
E-4U
ZI%l
::Ie:;
o
U....:I
a:
M 1-1
OU
o::l H
Ze...
Oe...
::EO
~
'i\
~
SN
('I'll.\)
N~
I.\)Q..
t"-N
N
r-Iln
_t"-
MM
....:I_
I-! ::0:::
to:.. a:l
::E
a:
s::O:::
s~
.- M
5...:1
..-4 U
NI!I!l
s~
Sa:
N 0:::
...:I
_0
.....::0::
c...:l
ld
I'"":) ><
Z
C1Z
Ua:
~Cl
~
MONROE COUNTY
OFFICI!\L RECORDS
FILE #1 2 7 2 3 2 1
BK#1746 PG#1853
Grant of
Conservation
RCD Dee 18 2001 04:07PM
DANNY L KOLHAGE, CLERK
Easement
THIS AGREEMENT is made this2l~ay of ,..;'V~ 'C~ ,20 tPl by and between
David Thompson
whose address is P.O. Box 628 Tavernier Florida 33070
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, Fl33040
(Grantee).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
790 Dolphin Avenue, Key Largo Fl33037
(the servient estate),
more particularly described as follows: (Legal description) Lots 5 & 6 Block 3 Unrecorded Plat of
Oceana, RE# 00085440-000201 & RE# 00085440-000202
The Grantor desires to develop the servient estate as (describe project):
A sinl!le family home as shown in permit 99-3-1922
The servient estate contains (describe relevant natural features):
Low 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
Thompson, David
RE# 00085440.000201 &
RE# 00085440.000202
;Ir
FILE #1 2 7 623 0
BK#1752 PG#625
FILE #1
BK.#1 272321
74-6 PG# 1 854-
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 foIIows:
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 e:overnine: law.
This easement is a conservation easement under Sec. 704.06, Fla. Stat. and is to be governed by,
c?nstrued 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 foIIows
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 fuIIy 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 instrunIent imposes the foIIowing 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.
Thompson, David
RE# 00085440.000201 &
RE# 00085440.000202
2
;/
FILE #1 27 623 0
BK#1752 PG#626
~ILg #1 2 7 2 3 2 1
BK#1746 PG#1855
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 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. Attornev'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.
Thompson, David
RE# 00085440.000201 &
RE# 00085440.000202
3
-!
FILE 11 2 7 623 0
BK#1752 PG#627
~ILE #1 2 7 2 321
BK#1746 PG#1856
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
By
Deputy Clerk
~4--
Grantor
AJd\.VI d 7A0/'1,.ostJ?T'
Printed name of Grantor I
~
S atme DfWi""
~L ~&/(A-
Printed name of witness
Grantor
Printed name of Grantor
STATE OF FLORIDA
COUNTY OF MONROE A ~.
BEFORE ME, the undersigned authority, personally appeared jJf-ff ill} 7lItJm p;5;oA/
and ,who are personally known to me, or have produced
~
and
, respectively
Swo~ D1MItl: ~~befor me this / /
NarARY PUBUC Sl'ATE OF FLORIDA
COMMlSSION NO. CC820'788
MY COM~12~!Q!il.:X..E:..M!'.R. 24,2003
Typed Notary Name and Number
Notary Signature and Seal
Thompson, David
RE# 00085440.000201 &
RE# 00085440.000202
4
MONROE COUNTY
OFFICIAL RECORDS
rn
Ln
~
1
~
r
-..
.fXibJ't
I' , (
A
'"
7 10 00 JpJ,l/1 AI/e., /(t-f LtJ..f'jo/ ,eL.
RE 4" 00 oj Plf 000 oz !II /00 o 2><;tf 1/ 9'.) Q 0 2. 02,
l..ot5. S t- 6 Bloc-I< 3 W7reLOrJed fJ/~ 1 or oc.e,^"rA..
L o/) 5 U1/d\f; o/) O\.I'(!.JiA_ <5 c:..r 0 55 A fA t cAe d
Occ.~""___ d~ SuJL III::. II'
elJ'..s,..,-f Pl'rJrerf7 /',^e
....
'"
~
......
. Ofij)
(uyternS
lD
"I,
~D
~
/
/'
50 '
i
/ .'
, /
'" . /
/// ".
. . ....... ~"'_..
.. :"". .
~~/~?~I
I D pe/1
I Qre.-.lA-
I (st.vver sySkj
I
\. ..' .....
. ... .'"
e~s~-f
.'
'. ,
n I _L' J'J. J)
tIl"2Ol
::><lJ-t
*t""
~11iJ
-..J#
(JI~
NN
-..J
"001
~N
OIW
NS
00
....
~
~
......
~
to
P
0::;
:>< 0
E-< U
::z; "'"
~o::;
o
U...:l
od::
l%l H
au
O::;H
:z I%.
o I%.
::EO