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Home My WebLink About09/09/1998MONROE COUNTY OFFICIAL RECORDS GRANT OF CONSERVATION EASEMENT AGREEMENT" THIS AGREEMENT is made this / tday of Q tem Xf f' 19 98 by and between R.G. DARBY whose address is. 425 South Harbor Drive, Key Largo, FL 3037, County of MQNRQF , State of FLORIDA , (Grantor) and Monroo 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 11o26AM The parties recite and declare: DANNY L KOLHAGE , CLERK The Grantor is the owner of certain real property commonly known as 425 SOUTH HARBOR DRIVE (the servient estate), more particularly described as follows: (Legal description), LOT 29, BLOCK 7, HARBOR COURSE SOUTH, SECTION THREE OCEAN REEF PLAT# 18, PB #7, PAGE 53 The Grantor desires to develop the servient estate as (describe project): The servient estate contains (describe relevant natural features): 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 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. R. G. Darby Gocea 1 The parties agree as follows: FILE # 10 8 7 5 3 BK# l 5 3 9 PG# 1 4 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 aovernina 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 61 I, 3. Location of the easement. (metes and bounds description of t e open space area) a. The conservation easement is located as follows AS ON EXHIBIT "A" (SEE ATTACHMENT) 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. i 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 substances in such manner as to affect the surface. i R. G. Darby Gocea 2 FILE #10875331 BK#:L 5 3 9 PG# 1 6 6 2 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 PI ANTIN(; OF NQN-NATIVE VEGFTATinN 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 Aareement I Any modification of this Agreement or additional obligation assumed Dy either party in connection with this Agreement is binding only if evidenced in w6ting 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 i The Grantee's representative on the servient estate, after first furnishing the I ' Grantor no less than 24 hours notice for the purposes of inspection to determine the Grantor's compliance with this Agreement. 10. Notice. R. G. Darby Gocea 3 1 I FILE #3.0a7533 • BK# 1 5 3 9 PG# 1 4$ 6 3 I ' 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, the parties hereto have set their hands and seals the day and yee>F rst,fibove written. BOARD OF COUNTY COMMISSIONERS AT(EN-- tV'ANNY L. KOLHAGE, CLERK OF MON %QaL FLORIDA (Grantee) B By - Deputy Clerk Mayor/Chairman i r�— Signature of witness Grantor �21 C 12Gu rfff gajl R.G. DARBY .� �Alk Printed name of w Printed name of Grantor Signature Grantor -off fwiitn /sus 4iV f Printed name of witness Printed name of Grantor STATE OF FLORIDA COUNTY OF MONROE BEFORE ME, the undersigned authority, personally appeared R.G. DARBY and N/A who are personally known to me, or have produced and N/A respectively as identification. Sworn to and subscribed before me this %Q day of Lonna k, 14ines �a. Typed Notary Name and Number Notary Signature R. G. Darby Gocea AND BY _ 4 Aaocwy's OlBoe �as�me�fi - 5z Ll to M .r { *0 t4 _ N N W I1 ( 1 hD I�----- - - - - -- 11 I V 1 1 I r t ' r1 A - - - - - - - - - _ - - - - I .f 4 1 1 1 U I u I ai' � II 1 13 n p 1 I I I II 1 t 1 1 I II I ' lO I 1 1 If sor! 1 ,1 i j i "• I I I t I I M I I d" •, — I I 1 � II Ii 1 I � I I .. A n tvi'E. 1 Tat 4" G.1. Provlda I0'-m' r,lgr, Tln• tyoeotaef Netiva Teo P.road�sel Netivs Tra,a q2- S S O U T H A R B O R [D FR I V MOpROE COUNTY L E G A L OFFICIAL RECORDS — Lot 17. Oloch 1. -"AAZ jOR GOUr26E 60UTL-1• 9EGT10�1 T► PR—EE. OGc-�1 !Q�EP lat No. IB" .ccord�rc�j to try plat Lr�or• e• r-cord-vd at Pack• 53. or �-nllc Record• or r-<o,o- city, Flprtda.