05/20/1997 AgreementBRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
MEMORANDUM
TO: Bob Herman
Director of Growth Management
Attention: Isabel Reid, Sr. Staff Assistant
FROM: Ruth Ann Jantzen ��,�
Deputy Clerk
DATE: June 12,1997
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
At the May 20, 1997 County Commission Meeting, the Board granted approval of
a Grant of Conservation Easement for Lot 9, Block 32, Crains Subdivision, P.B.1/50,
between Monroe County and Dennis Kellner. Per your instructions, this Easement has
been duly recorded in the official records of Monroe County.
I have mailed the original Easement Agreement to Mr. Kellner, per your
instructions. Enclosed please rind a fully executed, certified copy of this
Easement Agreement for your records.
If you have any questions regarding the above, please do not hesitate to contact
this office.
cc: County Attorney
County Administrator, w/o document
File
cc: Growth Management Director
File
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
Dennis Kellner
58130 Morton Street
Grassy Key, Fl. 33050
Dear Mr. Kellner:
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xuannp 3L. Rottjage
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
June 12, 1997
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
Enclosed please find your fully executed Grant of Conservation Easement
Agreement between Monroe County and Dennis Kellner, duly recorded in the officiat
records of Monroe County.
Also enclosed, please find your receipt in the amount of $28.50, for the recording
fees.
If you have any questions regarding the execution or the recording of the
above document, please do not hesitate to contact this office.
Sincerely,
Ruth Ann Jantzen
Administrative Assistant
DANT L WAGE
NONROE -WTY
CLERK OF CIRCUIT CUT
Jun 05, 1997 10:11am
Receipt # 19609 Drawer PW-DRAWER
RUTH MH J.
0perater- Pw
Amount 28.50
Instrument 11007493 Type AM
Bak # 1460 Pale # 23 Time 10:11
Recordins Fee 28,J0
Reference:
3187 28.50 CK
FILES # 1 007483
_
MONROE COUNTY OFFICIAL RECORDS BKit1 4 6 0 PG* 5 8 3
75 GRANT OF CONSERVATION EASEMENT AGREEMENT
�
This Agreement is made on this �-ay of /-t 1 . 19 9? , by and
between Dennis Kellner of 1ADDRESS) 58130 Morton Street
City of _Grassy Key , 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, FL 33040
(Grantee). This Agreement is effective as of
Recitals RCD Jun 05 I997
DANNY L KOLHAGE, CLERK AM
The parties recite and declare:
A.) The Grantor is the owner of certain real property commonly known as
(Street Address)
58120 Morton Street, Grassy
Key, FL
33050
(the servient
estate), more particularly
described
as follows:
(Legal Description)
Lot 9 Block 32 Crains Subdivision, P.B. 1/50
The Grantor desires to develop the servient estate as (Describe Proiect)
Single Family Residence
The servient estate contains _ (Describe relevant natural features)
Moderate Quality Low Hammock
features include Florida thatch palms as described in
HEI by Ann Williams dated 5/l/90 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 Residence
FILE #1 OO7483
The parties agree as follows: B K# 1 4 6 0 P G# 5 8 4
1. Grant of easement
In consideration for a development permit for
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 aovemin-a 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 areal
Lot 9 Block 32, Crains less 3000 square feet for
for building area situated within set back as
required by Monroe County Building Code.
2
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 some effect as if set forth in this instrument in its entirety.
L',
M 4. Restraints imposed by the conservation easement
M to
� The conservation easement granted by this instrument imposes the following
t`04
restrictions on the future use of the servient estate within the easement area:
s9
LID a. No removal, trimming or pruning of trees, shrubs, or other vegetation
(except non-native vegetation whose removal is authorized by the
un
H x 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. All restrictions contained in MCC Sections
9.5-4(0-3), 9.5-343 and 9.5-345(g) apply.
S. 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 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.
3
FILE # 1 0 0 7 4 8 3
BK# 1 4 6 0 PG# 5 8 6
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 of Grantee'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 executions
on the date in the first sentence of this Agreement.
4
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(SEAL) Conservation Easement
ATTEST: DANNY L KOWAGE, CLER
BOARD F C UNTY COMMISSIONERS
BY C.. bmJ
DEPUTY CLERK
Witness
'•�.. ayor
Witness F I L E # 1 0 0 7 4 E3
11K#1460 pG#5E37
STATE OF FLORIDA
COUNTY OF MONROE
SWORN TO AND SUBSCRIBED before me this day of 199 b
who is personally known to me or has produced
as identification.
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Type l, J Onde ��k39199 Notary Si'ture d S
9 Service Ins
No. CC506335
UDu.rt A
itness
C
Witnes
STATE OF FLORIDA
COUNTY OF MONROE
_ SWORN T AND SUBSCRIBED bpfoe-�I ay
��'-) fL L n E V who is personally known
as identification.--
Typed Notary Name and Number
CG- 75-6-Y/a7
FORM
B / %. --*—_
% f,t«rncy's Off
of Rvyl 1- 1996, by
me or has produced
Signm�146t>bl
Y COMMISSION / CC 588107
EXPIRES: Seaternner 24, 2000 z
5
FILES #1007483
BR# 1 4 6 0 PG# 5 8 8
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MONROE COUNTY
OFFICIAL RECORDS