10/21/1998MONROE COUNTY
OFFICIAL RECORDS
GRANT' OF WNSFRVATION EASEM- FNI' AGRREMENT
fl(IS AUKLEMENT Is shade this% Slay of Q4 UMP —, 19 by and between
Arthur Ditnsdle
whose addruss is 17 North Bridge Lane, Key Largo, FL
County tit' MarimDe State of g o i ta_ , (Grantor) and Monroe County, a
political subdivision of the State of Florida, whose address is 1100 College Road, Stock Island, Key West,
1:133040 (Grantee).
Thu parties recite and declare:
The Grantor R the owner of certain real property commonly known as
' 17 North B i cigg Tang (the servient o,mtatc),
more particularly described as follows: (Legal description), Tots .17 and 18, Harbor
The Grantor desires to develop the servient estate xv (describe project):
A single family residence, pool,_ decks, driveway.
The servient estate contains (describe relevant natural features):
Mderate quality hammock ( high elevation)
The Grantee is a gcnoral purpose political subdivision of the State authorized and required to
regulate and contmi. the use of real property through land development reguiations in order to protect the
public hcutth. safety and welfare. Sec, 9.5-336 of the Grantee's land development regulations rcyuims that
certain arena of the servient estate be retained as open space and preserved in their natural condition if the
AeNILRt estate l5 to be developed a5 a single family residence .
'rhe parties agree as I'utlows:
FILE 11094045
BK#1546 PG#452
1. �ntofeasemcnt.
In consideration for a development permit ror u_ Single family residence (97--3-2095)
and in order to comply with Sec. 9.5-336, Monroe County Cude, the Grantor hereby grants to Grantee the
casement described below.
('h ol'the easement and ► vurn(nj 11w.
This easement is a conservation casement under Sec. 704.06. Fla. Stat. And is to he governed by.
construed and enforced in accordance with that statue and with the upplicahlo laws of the State ul' Florida.
3. l,q_atiun of the easut(meter aad bounds description of the open sparse area)
a. Tate conservation eaxcment Is locate as foilowii
See ' • exhibit • ,' •
h. 'Thu location of the easement is also described lit the diagram attached to this instrument
us Lxhihit "g" and, by reference, made a part of n Hilly and to the same effect as if set I'urth in this
instrument in its entirety.
4. ftQk iml;Wsed by the Conservation Ensentenc
'I'Ite conservation easement granted by this instrument imposes the tiillowlng restrictions on the
future use of the servicnt estate withltl the ewumetlt area:
a. No removal. trimming or pruning of tress, shrubs. or 6thur vegetation (except non-native
vegetation whose removal is authoriixd by the Grantee's biologist),
h. No acts that are detrimental to wildlife or wildlife habitat prescrvatlon.
C. No excavation, dmdging, or removal of loam peat grovel, soil, rock or other material
.ubstances in such manner as to affect the xurface.
d. No activities detrimental to dnhiage, flood control, water conservation, erosion control
and soil conservation.
e. No dumping or placing of%oil or other substance or material its landfill ur dumping or
plucilig of trash, waste, or unsightly or offiensivo materials.
(; maintain 602 nnan Space
FILE ##1 094045
BK##1 5 4 6 PG#R4 5 3
S. 'Perms and persons bound.
This conservation casernent is perpetual, runs with the land and is binding; on all presear and
subsequent owners and mnrigugees of the servient estate. Grantor represents that the mortgagee(s), if any .
whose consent is artached hereto, is (arc) the only mortgagee(s) having a security interest in the servient
estate.
6. 1:11tirc Agreement.
This agreement constitutes the entire agreement between the parties and any prior understanding
or representation of any hind preceding the date ul'thls agreement is not binding upon either party except to
the extent incorporated in this Agreemunt,
7. Modification of ASnocrte`nt.
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 authori2ed
representative of each party and by any mortgagee.
S. Attomey'r lives.
In the event of any cuntroversy, claim or dispute arising under this instnunent, 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 card red or registered mail, or vla an equivalent servicu furnished by a private carrier, to the
respective address of oach party as set forth at the beginning of this Agreement.
3
FILB #1 094045
BKik1546 PG#454
WHEREOF, the parties hereto have set their hands and seals the day and year first
IY L. KOTMACL', CLERK
Ucputy Clerk
Sit(nuture of witness
Printed name of witness
STATE OF FLOKLDA
C'(:)1INTY OF MONROL:
BOARD Of COUNTY C OMM1SSIONFRS
O1' M:0 CAUN'!'Y, L LnRiDA C;ranieej
By
Mayor/Chairman
antnc
)9R7/4u k hy� ? 'U'k
Printed name or Grantor
Grantor
Printed natne of Grantor
,
BEl�Oitfi ME, the undersigned authority, personally arrcarw
�} ►- u F t
and who are personally known to me, or have produced
—ID4— u aritl , respectively
as identirication.
Sworn to and subscribed before mC this ` da or 19
Y
Typed Nutury Name and Number Notary Signature and Seal
_ + NATAUE Et3a"
•: MY cMusm o Cc at2 m
Ems- Aol W is, in@
6tOndM 7M Nobly Am LgWV* '
4
Exhibit A
LEGAL DESCRIPTION.
A five (5) strip of land lyinq along the Westerly and the Northerly Lines
of Lot 17, Block 1, HARBOR COURSE SECTION 2, OCEAN REEF 7 PLAT NO,
13", according to the plot thereof, as recorded in Plot Boo Page
5. of the Public Records of Monroe County, Florida and being more
particularly described as follow$:
Begin qt the Southwest corner of said Lot 17, Block 1, "Harbor Course South
Section Two, Ocean Reef plot No, 13"; thence N.07'23'30"W., along the
Westerly line of said Lot 17 a distance of 136.89 feet to the Northwest
corner of said Lot 17. thence N.79'21'30"E., along the Northerly line of
said Lot 17 a distance of 168.58 feet to a point, being approximately 40
feet Westerly of the Mean High Water line of Dispatch Creek; thence
S.10'38'30"E., o distance of 5.00 feet; thence S.79'21'30"W., and along a
line five feet Southerly of and parallel with the Northerly Line of said
Lot 17 a distance of 163.86 feet; thence S.07'23'30"E., and along a line
five feet Easterly of and parallel with the Westerly Line of Lot 17 a
distance of 132,31 feet to the Northerly Right —of —Way Line of North Bridge
Lone and a point on a curve to the right, having: a radius of 25.00 feet, a
central angle of 11'28'59 a chord bearing of S.84'14'34"W. and a chord
length of 5.00 feet; thence along the arc of acid curve, an arc length of
5.01 feet to the Point of Beginning.
AM FILE # 1 0 9 4 0 4 5
BK#1 546 PG#45 5
A five (5) strip of land lying along the Southerly line
of Lot 17, Block 1, HARBOR COURSE SECTION 2, OCEAN REEF PLAT NO.
13", according to the plat thereof, as recorded in Plat Book 7, at Page
5. of the Public Records of Monroe County, Florida and being more
particuloIrly described as follows:
Begin Block 1 at the Southeast corner of said Lot 17, , "HARBOR COURSE
SECTION 2, OCEAN REEF' PLAT NO, 13"; thence N.63'35'28"E., along the
Southerly tine of said Lot 17 a distance of 130.67 feet to a point lying
opproximately 40 feet Westerly of the Mean High Water Line of Uispotch
Creek; thence N,26'24'32"W., a distance of 5.00 feet; thence S.53'35'28"W.,
along a line five feet NortherlyY of and parallel with the Southerly Line of
said Lot 17 a distance of 133.41 feet to the Northerly Right —of —Way Line of
North Bridge Lane and a point on a curve to the right, having: a radius of
40.00 feet, a central angle of 08'10'20 a chord bearing of
S.55'06'48"E. and a chord length of 5.70 feet; thence along the orc of said
curve, an arc length of 5.71 feet to the Point of Beginning.
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RECORDER'S MEMO: -
LEGIBILITY OF WRITING, TYPING, OR PRINTING WAS
DOCUMENT WHEN RECEIVE
TJSFACiORY ON THIS'f'l
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F #1094045
B K # 1 5 4 6 P G # 4 5 8
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RECORDER'S MEMO:
LEGIBILITY OF WRITING, TYPING, OR PRINTING WAS
UNSATISFACTORY ON.THIS. DOCUMENT WHEN RECEIVED
FILE #1 094045
BK#1 546 PG#4 5 9 MONROE COUNTY
OFFICIAL RECORDS
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