10/16/2002 Easement
Grant of
MONROE COUNTY
OFFICIAL RECORDS
FILE.1330768
BK.:1. 8 2 7 PC, 6 6 a
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Conservation
ReD Oct 30 2002 09a12AM
DANNY L KOLHAGE, CLERK
Easement
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THIS AGREEMENT is made this .&....:.. day of {)CTOg~ 20 t!J 2-- by and between
EnriQue A. and Gemma Jordan
whose address is 14665 Old Cutler Road, Clral Gables Florida 33146
County of Miami Dade
State of Fltrida
, (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
440 Barracuda Boulevard, Key Largo, Florida 33037
(the servient estate), more particularly described as follows: (Legal description) liJts 3-9 Block 13
Anglers Parle, Monroe County PBl pg 159, RE#s 00553290.000000,00553300,00000o, 00553310,000000.
00553320.00000o. 00553330.00000o. 00553340.00000o & 00553350.00000o
The Grantor desires to develop the servient estate as (describe project):
A sin21e fiunilv home & ac<:essories as shown in oamit #s 97-3-646. 99-3-1525 (0001) & others
The servient estate contains (describe relevant natural featw"es):
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
Jordan GOCEA
Lots 3-9 Block 13 Anglers Park
Document prepared by: Jean Reisinger
Address: 88800 OVersea Highway
Tavernier. Florida 33037
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FILE 11330768
BKI1. a 2 7 PG'6 6 9
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 governinlllaw.
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 imoosed bv the Conservation Easement.
The conservation easement granted by this instrument imposes the following restrictions on the
future nse 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 mamer as to affect the surface,
Jordan GOCEA
Lots 3-9 Block 13 Anglers Park
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FILE 1:1. 3307 sa
BRI:1. a 2 7 PGt S 7 0
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 p)antini ornon-native plants,
5. Terms and Dersons 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 Asreement,
TIlls 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 AllI'eement,
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. Entrv of Grantee's reDresentative 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.
Jordan GOCEA
lois 3-9 Block 13 Anglen Park
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FILE 113307 sa
BKI1. a 2 7 PG'S 7 1
LORIDA (Grantee)
Deputy Clerk
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Printed name of witness
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Printed name of witness
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Printed name of Grantor
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personally appeared E.lJJ!/~IIc.. ~ j~1fA../
and ~M,fl,4.. &e;AJaND<;) ,who are personally known to me, or have produced
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EXPIREs: Aplt113. 20lII
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Sworn to and subscribed before me this / z.. P day of
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Jordan GOCEA
!A>lS 3-9 Block 13 Anglers Park
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Lea:a1 Description:
Lots 3,4, & 5 and that portion of Lots 6,7,8, & 9
Lying North ofthe Cross Key Largo Waterway, Blockl!>
ANGLERS PARK, according to the Plat thereof, as
Recorded in Plat Book 1 at Page 159 ofthe Public
Records of Monroe County, Florida.
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Street Address:
440 Barracuda Boulevard
MONROE COUNTY
OFFICIAL RECORDS
R.E. Number:
(houselotlUE): 00553290-000000
SOURCE:
David Massey SU"~Y
Date: 05/30/02
Drawing No.: 5474
SHEET 1 of 1