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GRANT OF CONSERVATION EASEMENT AGREEMENT
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This Agreement is made on this' Zy day of A . 19LI-, by and
between Marvin Barrett of jADDRESS) P•O. Box 2883
City of Key Largo , 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, FL 33040
(Grantee). This Agreement is effective as of
Recitals RCD Jun 05 1997 10:06AM
DANNY L KOLHAGE, CLERK
The parties recite and declare:
A.) The Grantor is the owner of certain real property commonly known . as
(Street Addressl 89051 State wRd. 4A Tavernier, Florida
(the servient estate), more particularly described as follows:
(Legal Descriotionl
Commencing at the Northerlymost corner of Tract " A " of TROPICAL
CORAL REEF ESTATES, as recorded in Plat Book 6, Page 8 of the pub-
lic records of Monroe County, Florida and the Southeasterly right
of way line of Old State Road 4A; thence South 3926' West along
said right of way line, 78727 feet to the Point of Beginning; thence
continue along said right of way Tins, South 39'26' West, 100 feet;
thence South 5034' East, 562.6 feet, more or less to the Mean High
Tide line of the Atlantic Ocean; thence Northeasterly, meandering along
said Mean High Tide line, 105 feet, more or less; thence North 5034'-
West, 590 feet, more or less to the Point of Beginning.
The Grantor desires to develop the servient estate as (Describe Proiect)
a single family residence
The servient estate contains (Describe relevant natural features)
Tropical hardwood hammock and disturbed lands
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B.) 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 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.
Inconsideration for a development permit for m i c l a f am; l ., 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 govemina 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
a. The conservation easement is located as follows:
(Metes and bounds description of the open space areal
All area described as open space within permit #91-3-4473,
(shown as /// on the attached site plan), allowing a
maximum of 11,440 square feet of clearing area for
house, drive, drainfield, and ocean view, and including
the replanting areas shown on that site plan
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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 this instrument as
fully and to the some 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 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 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 vegetation.
5. Term 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.
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.
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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.
S. 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.
The Grantee may enter upon 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.
IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed at
-(Place of executioni Mnnrna Onunt-y F1 nri dA
on the date in the first sentence of this Agreement.
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BY
(SEAL)
ATTEST: DANNY L. KOUTAGE, CLERK
BY C . NYC
DEPUTY CLERK
Witness
Witness
STATE OF FLORIDA
COUNTY OF MONROE
SWORN TO�AND
Conservation Easement
BOARD OF COUNTY COMMISSIONERS
ayor
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SCRIBED before me this 4M, day of%�l^ $!, 1997, by
A�who is _enonally known to me or has produced
as identification.
1 'II ANN JANTZEN
Ty ti "Phtteladrd�lLbibW
h FUBLUC > Bonded By Service Ins
No. CC506335
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,j-1-141tness
- -'Uib
STATE OF FLORIDA
COUNTY OF MONROE
Grantor
Marvin D. Barrett
SWORN TO AND SUBSCRIBED before me this day of Q °T, 1997, by
Rai n b. rr� who has produced
GL nL as Identification.
Typed Notary Name and Number
ELI7.ABUM A. BURL04QAME
Notary Public. State of Fonda
TO FORM My Con". Expires July 19. 19%
'FICIENCY No. CC 393751
806d Thm offiaal JbIlry Berurrr
Attorneys Off/ae
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(If Applicable) BK# 1 4 6 0 PG# 5 7 7
Robert Temkin , whose address is
(Name of Mortgagee)
202 Plantation Ave. , City of Tavernier County of
Monroe , State of Florida , having a record interest
in the lands described in the Conservation Easement Agreement between
Marvin D. Barrett , Grantor, and Monroe County, Florida,
Grantee, hereby' joins in, consents, and ratifies that Conservation Easement at
Monroe County Court House on the date indicated below.
(Place of execution)
Witne
Robert Temkin Mortgagee
fitness
STATE OF FLORIDA
COUNTY OF MONROE
SWORN TO AND SUBSCRIBED be o-ate� "day of 1997, by
T T:� who i p rsonally known to me or has produced
as identifica on.
Rej AA &VA-kS " -Rl- C-11)
Typed Notary Name and Number S gnature Seal
as/m/easement
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N yy��II1A1 SPEARS
• :i: My =WISSKM % CC 902578
EXPMF E3: J* 19.1997
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EXHIBIT "A"
FILE #1007481
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MONROE COUNTY
OFFICIAL RECORDS
LEGAL DPS(RHMON
Imencing at the Northerlymost corner of Tract " A " of TROPICAL
'AL REEF ESTATES, as recorded in Plat Book 6. Page B of the pub -
"cords of Monroe County. Florida and the Southeasterly right
7way line of Old Stale Road ♦A. thence South 3926' West along
i right of way line. 76727 feet to the Point of Beginning. thence
hnue along said right of way line, South 3976' west, too feel.
--e South 50'34' East. 5626 feet, more or less to the Mean High
line of the Atlantic Ocean: !hence Northeasterly, meandering( along
! Mean fheh Tide Imp, IQ$ I+aR nwra or "A. tMnN NorlA SOJI'-
.5.90 roH, m,". or has to the Point of Beginning.
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