09/09/1998HONROE COUNTY
OFFICIAL RECORDS
GRANT OF CONSERVATION EASEMENT AGREEMENT
THIS AGREEMENT is made this / f day of Aie reM &-r 19 9R by and between
Edwin K. & Marilyn J. Anderson
whose address is Ocean Drive
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,
FI 33040 (Grantee). RCD Oct 07 1998 11: 24AH
The parties recite and declare: DANNY L KOLHAGE, CLERK
The Grantor is the owner of certain real property commonly known as
Ocean Drive, Summerland Key, Florida (the servient estate),
more particularly described as follows: (Legal description), Monroe County Section 1,
Township 675, Range 28E; Lot 3 and part of Lot 4, Block 1, Summerland Beach
Addition No. 2, Ocean Drive, Summerland Key Florida as recorded in Plat Book 3, Page
21.
The Grantor desires to develop the servient estate as (describe project):
family residence
The servient estate contains (describe relevant natural features):
fringe. The hammock is of moderate quality according to the HEI described by Lewis
I
Environmental Service,.Inc. dated 11-22-1996 attached to this instrument as Exhibit "A".
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
FILE CLOB7532
BK# 1. 5 3 9 PG# 1 6 5 2
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. (Permit # 96-1-1610-)
I
The parties agree as follows:
1. Grant of easement.
In consideration for a development permit for a single family residence.
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 statue and with the applicable laws of the State of Florida.
�I
3. Location of the easement. (metes and bounds description of the open space area)
a. The conservation easement is located as follows
See site plan attached to this instrument as Exhibit `B".
b. The location of the easement is also described in the diagram attached to this instrument
as Exhibit `B" 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 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 oth r material
substances in such manner as to affect the surface.
d. No activities detrimental to drainage, flood control, water conservation, ero ion control
and soil conservation.
I
2
FILE # 1 0 8 7 5 3 2
BK# 1 5 3 9 PG# 1 6 '5 3
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
instrument as Exhibit "C".
5. Terms and persons bound. I
i
This conservation easement is perpetual, runs with the land and is binding on all present and
i
i
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 Aareement.
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.
i
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.
i
i
3
- .... ."�'"- .. ,.3:k7- � :. _<.;_.,. a•-:�rat+a�$,�„�s-,.r,•,_...,<.. ,.
FILE #1OB7532
BKt 1 5 3 9 PG# 1 6 54
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
�y
AT7- D (( I.. KOLHAGE, CLERK
.F
B
�/� &6'� \.
ignature of witness
k-a! I � M b
Printed name of witness
BOARD OF COUNTY G
OF MO>C E COUNTY,
l;�
Mayor/Chairman
1
ISSIONERS '
RIDA (Gr4ntee)
.I
rantor
rr
Printed name of Grantor
IdA &),
Grantor
0. t I --N&- J
Printed nan6 of Grantor
STATE OF-Fi:EAI�
COUNTY OF;M
BEFORE ME, the undersigned authority, personally appeared
and /%% J 0&1Ar)e5 , ,who are personally known to me, or have produced
and ���iL , respectively
as identification.
Sworn to and subscribed before me this A 4.d.
Typed Notary Name and Number
My ssion ExpirGs
jkrthi 31, 2000
4
,19 `l8
FILE # 10 13 7 5 3 2
BK# l 5 3 9 PG# 1 6 5 5
(If Applicable)
SouthTrust Mortgage Corporation , whose address is
(Name of Mortgagee)
210 Wild -pod Parkway
City of Birmingham
County of
Jefferson State of Alabama
having a record interest in the lands described in the Conservation Easement Agreement between
Anderson
Edwin K. & Marilyn J. Grantor, and Monroe County, Florida, Grantee, hereby joins in, consei
Soutlfrr st Mortgage Corporation
5300 W. Atlantic Avenue on the ate indicated
and ratifies that Conservation Easement at ,
below. (Place of Execution)
--Ala-4,
—
Witness
Witness
If
STATE OF FLORIDA
COUNTY OFM pAjkq BED;
SWORN TO AND SUBSCRIBED before me this day of J
i
Mortgagee
i
19gg, by
who is personally known to me or has produce
as identification.
%1►1 I TERRYANN STAROPM
:OMMISSION CC725"?
EXPIRES MAR 17. M02 / /t
00*0 ) INNO GH (�L
ADVAMAGENOTANYOFSSMA
Typed Notary Name and Number . Notary k 'nature and Seal
F.VTO-97
BY
r
A#wwy's Office
EXHIBIT "A" FILE * 1 0 8 7 5 32
BK# 1 5 3 9 PG# 1 6 5 6
Table 2. Habitat analysis of low hammock on Lot 3 and part of Lot 4, Block 1, Summerland
Beach Addition No. 2, Summerland Key.
CRITERIA SCORE
(1) An estimated 90% of the forest floor is covered with soil humus. 3
(2) There were 28 woody plant species found within the hammock 2
(3) There were four protected plant species found within the hammock. 2
(4) There were at least seven or more individuals per acre of protected
plant species found within the hammock. 3
(5) The hammock was infested with Brazilian pepper. 1
(6) An estimated 15% of the hammock was infested with Brazilian pepper. 2
(7) The hammock is of sufficient size, topography and vegetation to serve
as a habitat for the white crowned pigeon. 1
(8) An estimated 20% of the hammock has had significant topographic
disturbance. 2
(9) The hammock is approximately 0.44 acres (19,350 square feet) in size. 0
(10) Approximately 50% (305 linear feet) of the hammock perimeter (610
linear feet) abuts scarified or developed lands: 2
1
The cumulative score rates the hammock as "moderate" in quality. 18
�r
Andersen: Lot 3 and part of Lot 4, Summerland Beach Addition No. 2, 10
This page not valid without raised signed seal. PLM/LES
SKETCH OF BOL'NDARSSCRVEI' �, LEGAL DF.SCRIPTI XS FURNISHED BY CLIENT:
LOT 3, BLOCK 1, Aft 30 FOOT OF LOT a. BLOC, 1, "SUMMERLAND 'BEACH ADDITION No 2 .
A SUBDIVISION AS RECORDED IN PLAT BOOR 3, PAGE 21, SECTIONS 36-66-28, 1-67-28
AND 2-67-28, SUMMERLAND KEY, MONROE COUNiY, FLORIDA, PUBLIC RECORDS
OCEAN DRIVE (> 00')
"P R M ' BUNCH MARK "P R M."
0SUTERATED ON Vt P EL 4 ;9 OBLITERATED
4LMNG FSK (RAr) ' �
—.---°�L+•�. 136 Te (? ]661 M N 43'!e'2]' E 9000'(0) 9001_(ul i�J_._—.--.—•1000'(P) _1022:(u) f
�••�� I 's
'e
gj 8 EXHIBIT
6" ( r �Q 4' Ryi
136, 19'(11) '(10 3p.00'( A30.Do 0 1390 D0'(P)
A I 4 y
I `f e've +
Lett I BLOCK I
�y
1/sec M
�i J I VV M
r a t
P
i I i
I a
I
I
E6t2�D'E-E. 4' I
KQ 44r 4z.oe' I .zu•
A coVE
BOOR FL. 6.
'CONC. STE
c�
q
TwoB rRY�C.�V.s. -1 '•- ION
Qp, ggNEC� 3 \.
v.iti' a EVNDtRTCOENS�TR .M..)I. --- -\
WIN n0ow --
mail� 3�0
o +
J
`4jp1 WAWGRM
,t l
w 4T Jf
------------
-j7
TOUNDATY6N LINK
I
RATTED SrWMEU.E
D.00'(v) So.oD'(c)
43-24'47• • (C/P) 9o.00'(D)
90.01'IN) �..�
TOR K'N.
' nAKRoy[
A.r... �.
NIL E S C X A NNE L
i
0' 30' 1 60' 90'
NOTES
I) SURVEYED AS SINGLE SITE At
CLIENR.
2) NO LEON O(SCRwTKIN WAS RMSnTSEWEST
to TOR LIT
3) PURSUANT TO CHAPTER 177 OP THE FLORIDA STATUTES ANO
CHAPTER 16-3 OF DR: FLO OA ADMINISTRATIVE CODE: THE
LOCATION OF THE APPRORI E WEAN HIGH WATER LINE. AS
SHOWN HEREON DOES NOT RPM TO LOCATE SAID LINE
FOR TIDAL PROPERTY BOON PURPOSES, AND WAS NOT
LOCATED IN ACCORDANCE WI PROCEDURES SPECIFIED IN
THE ACT/RULES.-
4) NO LEGAL DESCRIPTION FUR SHED FOR LAND
LYING SOUTHEASTERLY OF RED SHORLINE
(NOT INCLUDED IN THIS SU )
LEGEND A BREVIATIONS
= F3UNO CONTROL POINT E C. ENCROACHMENT
�,• 40d NAIL/PK/NUT L F. _ -RAIN LINK FENCE
p•` - SET CONTROL POINT C NC. - CONCRETE
- S$ SCREW,/DISC/490fi R W = 4tCHT-OF-WAY
�•• As UND 3/4" PIPE I Sq ) PLAT
SIZE/ CAP TYPE y) - MEASURED
O` ET 314' rlrE t4) - CALCULATED
Sd4406 1 DEED/DESCRIPTION -
JE.RCOLATION
UND 5/8- REBAR P. C - POINT OF COMMENCEME"
�'•• IZE/CAP TYPE PPP POINT OF BEGINNING -
RMANENT REFERENCE PF - POINT OF CURVE S
�•` NUMENT P_1. - POINT OF INTERSECTION
'• WER POLE IT OCINT Or TANGENT
TEST ENCH MARK E -CENTERLINE®MOLE A/C = AIR CONDITIONER
T HOLE BALC = BALCONY
ICATES CANT = CANTILEVER
ONCRETE TYP TYPICAL -
C.M.U.S. = CONCRETE MASONRY VNIT STRUCTURE
-P-T-C- - AERIAL POWER, TELEPHONE, ANO1OR CABLE LINES
A M H.W.L - APPROXIMATE MEAN HIG WA ER LINE ACCORDING
TO ARMY CORP OF ENCI EE ESTIMATE
EL - ELEVATIONS (SHOWN THUS X 5 ')T ARE RELATIVE TO Is
1929 NATIONAL GEODETIC VERTIPAL DATUM,
MONUMENT / K-272 ELEVATION 10.64'
DO Year Coastal Flood Zone AS SHOWN Basc Flood ElevaFon AS SHOWN
FIRM NO. 175170 PANEL N0. 1514 REV, 13/OS/97,
NOTE UNDERGROUND ENCROACHMENTS IFAY ARE NOT LOCATED
All. ANGLES ARE 90' UNLESS OTHE$WISE NOTED.
This C tdles that a survey Of the oo0ve
lurmshed descrptlon Was made under Ty
..P.rvb and the survey. meets the
"Minimum tech; col Standards" set forth
oy U. FIOAO0 Board oI Proresaanal Lond -
Surveyors n Claoter 61G17-6. Fianda
Admin,atratwe de. Pursuant to Section
472,07, Flando. Stotu Its
Dote Survey co(npleted.... 1?�/03,19?_
EMPROVEWtNT LOCATION AND BOUNDARY SURVtY
CERTIFIED TO:LL
EDWIN N ANDE�SON AND .A- N I. ANDERSON
METROPOLITAN 11 IT�� 4ND GUARANTY COMPANY
COMMONWFALT� LAND TITLE INSURANCE COMPAN -
SOUTHTRUST RTGAGE CORPORATION.
ITS SUCCESSORS AND/OR ASSIGNS
I
71,
SURVEY
RED F ON10A SURVEYOR AND
114 6th STREET
. FL 33051-0403
FAX ).3-3277
I
i
EXHIBIT , C
pg. 1 of 2
FILE #1087 532
BK# 1 5 3 9 PG# 1 6 5 8
M E M O R A N D U M
I
i
To : Anderson residence
From: Dianna Stevenson, Biologis
Environmental Resources Division
Date: January 6, 1997
Re Conditions of land clearing permit #961-1610
1. Maintain 60% open space in Hammock for perpetuity.
2. Areas to be cleared shall be clearly marked and inspected by
Biologist before clearing begins.
3. Notify Biologist within 48 hours of completion of cleari 1g.
4. All threatened, endangered, commercially exploited, and local-
ly rare species and native trees with a dbh of 4" or reater
shall be transplanted pursuant to the approved transpla tation
plan.
5. Durable construction barriers (such as fencing, wire ca le or
rope) shall be placed around all construction areas and rem in in
place until construction is complete. The barriers are to be
placed around the perimeter of the structure, 5' from the drip
line.
5. Construction materials and equipment shall not be allowed in
areas of required open space.
6. Fill authorized for septic and drive only
7. All Gumbo limbos in the construction area shall. be cut, scored
at the base, and transplanted on site.
8. All exotic species shall be removed from the parcel.
IFEXHIBIT "C" FILE # 1 0 -7 5 3 2
Page 2 pg.2 BK# 1 5 3 So PG# 1 6 5 9
9. Exotic landscape plants shall not be planted in areas of re-
quired open space.
10. Transplantation plan must be completed prior to C.O.
11. GOCEA required prior to C.O.
CC Ross Alliston
file
a0wne gent signature
MONROS COUNTY
OFFICIAL RECORDS