10/15/1997FILE #1031815
MONROE COUNTY BK#1483 PG#1550 RCD Nov 06 1997 11:50AM
OFFICIAL RECORDS DANNY L KOLHAGE, CLERK
GRANT OF CONSERVATION EASEMENT AGREEMENT
This Agreement is made on this , 5 day of Oc :170/3<-Je_ , 19-LL by and
between Mi r-haP1 FP1 1 i nq of (ADDRESS) P:0.Box 52-3201
City Of Marathnn ShnrPc County of Monroe I 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, FL 33040
(Grantee). This Agreement is effective as of
Recitals
The parties recite and declare:
A.) The Grantor is the owner of certain real property commonly known as
(Street Address) 991 Marron Si
(the servient estate), more particularly described as follows:
Beinq over and upon a parcel of land being apart of lot 8,
(Legal Description) 1,1,,,k 6.,,s a -a. as subdivi�� ', a- ----- dQd in plat
book 1, pg.51 of section 24, township 65 south, ranee 33 east
HenEee—Qe`e;;t: ' P1 'P Public Records and being more particularly
described by metes and bounds as follow: commencing at the south-
westerly
corner of said lot 8 block 63 of said plat, said point
to be the point of beginning of easement hereinafter described,
bear north 39 degrees 02 minutes 00 seconds east for a distance
of 264.00 feet, to the northerly rig -o -way line EET:
Thence bear south 50 dearees 58 minutes 00 seconds west for a
distance of 7.00 teet, bback o tne point
The Grantor desires to develop the servient estate as (Describe Project)
The servient estate contains (Describe relevant natural featuresl
Trn= i ra 1 HnrHwnnH Hammork and di af,rLgd lands as d ri bad in HEI
by Dennis Kellner dated 12/18/96 submitted with building permit
application
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
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 HOME
FILE #k 1031815
BK#1483 PG*1551
The parties agree as follows:
1. Grant of easement.
Inconsideration for o development permit for single family home
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 statute 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)
A area described as open space within permit#97-2-48
(shnwn as III on the attached site plan), providing
13680 square feet of conservation easement.
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PILE #1031815
BK#1483 PG#1552
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.
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 substance 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 non-native vegetation
5. Term 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 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.
3
FILE #f1031815
BK*1483 PG#1553
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.
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 ofGrantee's representative on the servient estate.
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
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.
4
(SEAL)
ATTEST: DANNY L. KOLHA'lG1E, CLERK
DEPUTY CLERK
Az
STATE OF FLORIDA
COUNTY OF MONROE
before me this
who is
as idep#il"i,
Name and Number
z/z d D., . - - -
5iltyness
4
Itness
STATE OF FLORIDA
COUNTY OF MONROE
Conservation Easement
FILE *1031815
BK*1483 PG*1554
by
me or has produced
Notary Signature and Seal
Grantor
SW?RN TO AND SUBSCRIBED
LX/'
before me this Z
day of
1994 by
who
ZSIJ015 7'7p'S t as identification.
is personally known
to me or has
produced
Typed Notary Name and Number
Notary Sigr4fture
and Seal
YP4, MARYANN HEIL
~� COMMISSION #t CC 650976
c EXPIRES MAY 27, 2001
EONDEDTMRU
�)F N ATLANTIC BONDING CO., INC.
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MONROE COUNTY
OFFICIAL RECORDS _