09/20/2001 Easement
Grant of
MONROE COUNTY
Ofi'fi'ICIA.L RECORDS
Conservation
fi'ILg #1 262 913
BK#1733 PG#792
Easement
RCD Oct 22 2001
DANNY L KOLHAGE
,
01:57PM
CLERK
TillS AGREEMENT ;g made this V ~y of ~~, 20 0 I
/
Reef Custom Homes
by and between
whose address is 18795 SW I 05th Avenue Miami Florida 33157
County of Miami Dade
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
15""" South Bridge Lane, Ocean Reef Club, Key largo Florida 33037
(the servient estate), more particularly described as follows: (Legal description) Lot 15 Block 3
Harbor Course South Section 4 Ocean Reef Plat # 13 Plat Book 7Pa~e8
Monroe County, RE # 00573670-001500
The Grantor desires to develop the servient estate as (describe project):
A single family home as shown in permit # 99-3-3116
The servient estate contains (describe relevant natural features):
Moderate uali Low Elevation Tro ical 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
Reef Custom Homes Gocea
FILl!.: #1 262 913
BK#17.33 PG#793
certain areas ofthe 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 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 bv 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.
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rILl!: #1 262 9 J_ 3
BK#1733 PG#794
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, 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 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.
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FILE #1 2 6 2 913
BK#1733 PG#795
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
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Printed name of Grantor
[J l-1:i2-/~ L--l
.~~
Grantor
Printed name of Grantor
APPROVED AS TO FORM
~S:2~t/)
Attorney's Office
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personally appeared ~ ~\
.......:. ",fA - ,who ar~nally kno~o me, or have produced
and
and
, respectively
as identification.
Sworn to and subscribed before me this ~ da~
,20~.
W~lfredo C_ Cotto Jr ~C999887
Typed Notary Name and Number
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~ ....'f /Ill. 0FIllCIAI: MY IIAI.
0.....- ~~ WlRlEDOOCOTTO.lR'
. ~ cOMMISSlCf4 NUMBER
~ CC999887
"1:- ~ MY COMMISSION EXPIRE!)
OFf\.O FEB. 7 2005
COMMUNITY BANK OF FLORIDA
(Name of Mortgagee)
28801 S.W. 157 AVENUE
(If Applicable)
FILE #1 2 6 2 913
BK#1733 PG#796
, whose address is
, City of
HOMESTEAD
County of MIAMI-DADE
FLORIDA
State of
having a record interest in the lands described in the Conservation Easement Agreement between
REEF CUSTOM HOMES
Grantor, and Monroe County, Florida, Grantee, hereby joins in, consents,
and ratifies that Conservation Easement at
below.
~~
STATE OF FLORIDA
COUNTY OF MONROE
15 S. BRIDGE LANE
KEY LARGO, FL
(place of Execution)
on the date indicated
~-q' t) .0~ortgagee
MICHAEL O. WELSH, AVP
8
day of JUNE
SWORN TO AND SUBSCRIBED before me this
20 ~l, by f\'11(rt A(L Wc:w If
, who i(pe';;nally ~ me or has produced
as identification.
OFFICIAL tCfN'N IlIiAL
o....~~v Pil<9<< RITA Y JONES
~ COMMISSION NUMBER
Type
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Notary Signature and Seal
5
EXHIBIT A
WATERWAY
!fILl!: #1262913
BR# 1 7 3 3 PG# 7 9 7
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