10/01/1998ll
FROM : CO15E ENFORCEMENT PHONE NO. : 305 853 7324 Sep. 29 1998 02:26PM PS
O :x
PV O
GRANT OF CONSERVATION EASEMENT AGREEMENT no
H t9
rn
O
THIS AGREEMENT is made this 01 day of October , 1 g 98 by and between W x
n H
Cary, Mikell ,And Alice
ro
v
whose address is
100 Anchor Dr. #478 to
Countyof Monroe , State of Florida , (Grantor) and Monroe County, a
xH
political subdivision of the State of Florida, whoseaddress is 5100 College Road, Stock Island, Key West,
�
LV
N
FI 33040 (Grantee).
(n e«
Ip �
The panics recite and declare:
The Grantor is the owner of certain real property commonly known as
roJ
16 South Bridge Lane, Ocean Reef Club (the servient estate),
+a N
N
more particularly described as follows: (Legal description), Lot 16, Block 3
F� Fi
Harbor Course Sec.#4,0cean Reef Plat #13,Plat book 7,Page 8
N
The Grantor desires to develop the servient estate as (describe project):
Single family residence withs-garage, pool, screen enclosure,
b n
xv
paver drive and walkways
k v
m
r�
The servient estate contains (describe'relevant natural features):
x m
Moderate quality, low elevation hammock,
O W
b �
G� �G
W o0
The Grantee is s general purpose political subdivision of the State authorized and required to r 000
regulate and control the use of real property through land development regulations in order to protect the w
b
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 residence
The parties agree as follows:
rr
1
t:F
FRCIN COL'E ENFORCEMENT PHONE NO. : 305 853 7324 Sep. 29 1998 02:27FM P9
I . GranS of easement.
In consideration for a development permit for a S.F.R. permit # 9 7 — 3 — 2 3 21 '
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 easemen-t and wyemig law.
H
This easement is a conservation easement under Sec. 704.06, Fla. Stat. And Is to be governed by,
f« r
µ
construed and enforced in accordance with that statue and with the applicable laws of the State of Florida.
(n
N
3. j,pcation of the easement. (metes and bounds description of the open space area'
a. The conservation easement is located as follows
ro J
See "Exhibit A"
4 N
NN
NN
b. The location of the easement is also described it) the diagram attached to this instrument
v_
N
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 imRQ by the on Euement.
The conservation easement granted by this*strument 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 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 invasive exotic species.
2
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.
Ca ►�
H
�r
F, M
This agreement constitutes the entire agreement between the parties and any prior understanding
(n
or representation of any kind preceding the date of this agreement is not binding upon either party except to
Ip
the extent incorporated in this Agreement.
7. Modification of Agreement
bJ
N
y
Any modification of this Agreement or additional obligation assumed b either
Y party in
N
Fi N
connection with this Agreement is binding only if evidenced in writing and signed by an authorized
N
representative of each party and by any mortgagee.
N
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.
1.
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.
3
FRO hi COPE ENFORCEMENT
PHONE NO. : 305 853 7324 Sep. 29 1998 02:28PM P11
abovt
(SE I
ATT
Deputy Clerk
N
Signature of witness
Pat ier
Printecj ma of witness
St ure of witn ,
"<9►'JJk''4 /_1;:. �
Printed name of witness
, the parties hereto have set their hands and seals the day and year first
BOARD OF COUNTY COMMISSIONERS
X, CLERIC OF MONROE COUNTY, FLORIDA (Grantee)
Mayor/Chairtnau
Printed name of Grantor
Grants
-
Alice Cary
Printed name of Grantor
t
STATE OF FLORIDA g�
COUNTY OF MONROE
BEFORE M£, the undersigned authority, personally appeared
Mikell and Alice Cary
and ,who are P73onally (mown to me, r have produced
and , respectively
as identification.
Sworn to and subscribed before me this 01 s t dav of October 19 98
Victoria Blais — #CC633687 e
Typed Notary Name and Number Notary Signature and etat� of 30. C
C°�Y CorrxWssi xr ExPMre K10o30.2C
Corr_: —on t CC633W
Corr,. , .,.. ow- 2® i
4
FILE #3.09722 1
BK#1549 PG#3L3.3.4
i
s T 'r 'r #54a 6 1w s T #XIR
'EZZI-60-r# x7ij
0
'00o
000ijl
ri
H ri
N H
0
N 0
ri
4
tof ?o 0 �f-5
Uhfielpas
U4�4
In 06roz a
_
vs
L-�iZz�60-fig 3ZI3
£t� 64030
£ `9I wl
u 60S VI AN
aue'I �Pl�B WOOS 91
. � �suapls�i
V'�
all
A
car
SOMO lk** lAlle
000"'BOOClub
Xey tAfte- W,
FILE #2.0097221
BK# 1 5 4 9 PG# 1 1 X 7
x Imp
28s2"
Ckarfift Ar0 6S X I".
ft V = 9318 sq ft
real apt OPPI"bk sq ft
em Radius Cornea
-S7
ot4- AfT*A NA -,a -- _
e 11-ne
.00OK
3l/
FILE # 3. 0
BK#:L 5 42 2 :j-
9 P(;# 3. 3. X 5
40�
Ra
m