07/16/1997GRANT OF CONSERVATION EASEMENT AGREEMENT
z! This Agreement is made on Nslday-ef- U I--�lp , 19 _, by and
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o between Lucy and Michael Doyle of (ADDRESS) 104 Marina Avenue.
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o 'x City of Key Largo , County of Monroe . State of
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W H Florida (Grantor) and Monroe County, a political subdivision of the
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o rk- State of Florida, whose address is 5100 College Road, Stock Island, Key West, FL 33040
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(Grantee). This agreement is effective as of
Recitals
M A.) The grantor is the owner of certain real property commonly known as
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w ( the servient estate), more particularly described as follows:
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Block 1, Lot 4, Key Largo Beach Addition
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The Grantor desires to develop the servient estate as (Describe Project)
Two car garage, 40% cleared lot
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2 The servient estate contains (Describe relevant natural features)
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Moderate quality high elevation hammock allowing 2,624 square feet of
clearing.
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
Ol regulations in order to protect the public health, safety, and welfare. Sec. 9.5-336 of the
Ln m Grantee's land development regulations require that certain areas of the servient estate
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C4 is to be developed as a Accessory to Lot 104, Port Largo, Two car garage
B Coral Drive.
H x The parties agree as follows:
1. Grant of easement.
In consideration for a development permit for GaragQ
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.
3. Location of the easement
a. The conservation easement is located as follows:
(Metes and bounds description of the open space area)
See attached survey as Exhibit "A"
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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 same effect as if set forth in this instrument in its entirety
61 4. Restraints imposed by the conservation easement
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The conservation easement granted by this instrument imposes the following
(` restrictions on the future use of the servient estate within the easement area:
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i11 a. No removal, trimming or pruning of trees, shrubs, or other vegetation
0 (except non-native vegetation whose removal is authorized by the
(Grantee's biologist).
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H x 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 effect 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.
This conservation easement is perpetual, runs with the land and is binding on all
present and subsequent owners and mortgages 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.
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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
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In the event of any controversy, claim or dispute arising under this instrument,
r the prevailing party is entitled to recover reasonable attorney's fees and costs.
9. Entry of Grantee's representative on the servient estate
W 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
H x 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 execution) Monroe County, Florida
on the date in the first sentence of this Agreement.
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(CC
(SEAL)
ATTEST: DANNY L. KOLHAGE,CLERK
V�j DEPUTY CLE K
Witness
Witness
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STATE OF FLORIDA
COUNTY OF MONROE
SWORN TO AND SU
Conservation Easement
before me this -1 k_ day of
as identification.
Typed Nota lt�:jn�'1 r�ANT7_LN
, My Comm Exp. 12/30/ 9
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Bonded By Service Ins
No. CC506335
Pcn wu, Known I I Otbw I. D.
wiTness
STATE OF FLORIDA
COUNTY OF MONROE
Grantor
1991 by
or as produced
Lucy A. Doyle
SWO N AND SUBSCRIBED before me this day of , 1996, by
1 , who is Ceersonally known to me or has produced
as identification.
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Cheryl L. Signor #CC 367271
Typed Notary Name and Number Notary Sig ture ndtteal
i`•""� sue. CHERYL L. SIGNOR
;.: MY COMMISSION / CC 367271
EXPIRES: Apra 25 IM
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SURVEYOWS NOTE$:
1 1 ALL CORNERS FOUND HAVE NO NUMBER DESIGNATING P")US SURVE'OP CIR TIMPANI, FXCEPT AS —MOWN
1.) ALL BEARINGS AND DISTANCES ARE MEASURED PER PUT UNLESS OTHERWISE NOTED
1 NO UNDERGROUND ENCROACHMENTS. FOUNDATIONS OR JILITIES HAVE BEEN LOCATED OR SHOWN )NLESS
JrHEPWISE SHOWN
• NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS. RIGHTS-,)F-*Ay. 30d/w OWNERSHIP WERE FURNISHED
THIS SURVEYOR EXCEPT AS SHOWN
5 ) BASIS OF BEARING. EAST - WEST CENTERLINE OF CORAL DRIVE BEING N 1db0'w E
61 THE SURVEY DEPICTED HEREON :S NOT ^OVERED BY PROFESSIONAL LIABIUT' NSIMANCE
7) JNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVf'OP AND
MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PIAPOSES ')%L• ANC �- NOT .ALTO
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CERTIFIED FOR EASEMENT CoESCRIPTIONS & SKETCH
HEREBY 'EPTIFY THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY
THE FLJRIDA BOARD OF PROFESSIONAL SURVErORS AND MAPPERS ,N CHAPTER 61017-6
FL13RIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION s'�02Y FLORIDA STATUTES.
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�.TE c lG AWRFNCE P F PL.S 444519 1•EVISED
UJCY DO LE
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LOT s. BLOCK 1. KEY LARW OC404
Joe NUWGER
DANNY t KOLHAUE
MONROE COUNTY
CLERK OF CIRCUIT COURT
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Recording fee 33•00
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