08/12/1998 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
P E M 0 R A.H D U M
TO: Bob Herman, Director
Growth Management Division
FROM: Isabel C. DeSantis, Deputy Clerk
DATE: October 8, 1998
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. 005) 852-7145
FAX (305) 852-7146
As you know, at the August 12, 1998 Board of County
Commissioner's meeting, the Board granted approval and authorizejd
execution of a Grant of Conservation Easement Agreement for. Tract
1 & 4 of the Subdivision of Lots 3 & 4, Plat Book 2, Page 59,
Monroe County, Florida between Monroe'County and Marek Kiyashka.
Enclosed please find the original Easement duly recorded in the
Official Records of Monroe County along with the return self
addressed stamped envelope for your return to "Kiyashka".
Should you have any questions concerning the above, please do not
hesitate to call.
cc: County Attorney
County Administrator, w/o doc.
,/File
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GRANT OF CONSERVATION EASEMENT AGREEMENT
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THIS AGREEMENT is made this / day of 14U6 U 5 /` 19�'g by between
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Marek Kiyashka
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whose address is 81221 Old Highway, Islamorada, FL
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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, FI 33040
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(Grantee).
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The parties recite and declare:
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The Grantor is the owner of certain real property commonly known as
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See legal description below (the servient estate),
more particularly described as follows: (Legal description), Tract 1 & 4 of the Subdivision of
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Lots 3 & 4, Plat Book 2, Page 59, Monroe County, Florida
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The Grantor desires to develop the servient estate as (describe project): Cl M
A single family residence to include a pool, tennis court, driveways, garage/studio,
orchard, lawn bowling and a hand/basketball court The hermit number is 96 3 1894 r
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The servient estate contains (describe relevant natural features): o ko
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Moderate quality high elevation hammock recognizing the marine turtle beach " m
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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 regulation requires that
certain areas of the servient estate be retained as open space and preserved in their natural co ition if the
servient estate is to be developed as a single family residence.
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FILE
# 1 0 8
2 4 2
9
The parties agree as follows: B K# 1
5 3 4
P G# 2
1 9 5
1. Grant of easement.
In consideration for a development permit for a single family residence
(permit #96-3-1894)
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 P-overnine 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. (metes and bounds description of the open space area)
a. The conservation easement is located as follows
185' along Old State Road starting at northwest corner, towards the south; then 496' e4st
for total area of 91,760 square feet maximum; described on Drawing "L-1" by Robert
Barnes & Associates, Inc. in June of 1998.
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.
4. Restraints imposed by the Conservation Easement
The conservation easement granted by this instrument imposes the following restrictions on the j
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.
2
4.
FILE # 1 0 8 2 4 2 9
BK# 1 5 3 4 PG# 2 1 96
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.
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 mortga ee(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 Agreement
Any modification of this Agreement or additional obligation assumed by either party in
connection with th
is 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'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 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.
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FILE # 1 0 8 2 4 2 9
BK# 1 5 3 4 PG# 2 1 9 7
_-_..jN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
7;4'NNY L. KOLHAGE, CLERK
B o e . NJ a4ttQJ
Deputy Clerk
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Ilia.
-re o witness
A:6G
Printed name of witness
BOARD OF COUNTY COMMISSIONERS
OF MO E COUNTY, FLORIDA (Grantee)
By
Mayor/Chairman
rantor
G�ek c,sl,ka
Printed name of Gra or
Signature of witness
PREPARE Y: GARf COLLER, ESQ.
Printed name of witness APPROMAttommey's
AND L
BY
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personally appear(Ma y-e �� I 1 "nS Cj
and ,who are personally known to me, or have produced
- -1--) ` L'� r eN S and , respectively
as identification.
Sworn to and subscribed before me this
o~�YPGe� KIMBERLEYA. JUNE
: %COMMISSION # CC 649169
$ "2001
Typed Notary d Nutnb nNN0I GRCo., INC.
day of Il� Cry ,19 S
Notary
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10 BUFFER -�
496.0'
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HANDBALL
BASKETB'L i
3,207 SF
AREA TO REMAIN AS IS
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LAWN 14, 400
SF
EASEMENT AREA = 91,760 SF
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ORCHARD
5,672 SF
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TURAL DRIVEWAY
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N. 42*26' W. PLAT N42- 25'29` W. C
956.93t TO SHORELING PER PLAT BOOK 2, PAGE 59
SHORELINE
(964't TO APPROXIMATE -EXISTING- SHORELINE)
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GREEN TURTLE BEACH'
(PLAT BOOK
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EN ERAL ' DATA
MAREK KfYASHKA
88-36 77th AVENUE
GL.ENDALE, NEWYORK 11385
(718) 441-8464
1st FLOOR Y1N-DER AIR AREA
2,837
sq.ft.
lot FLOOR VERANDA AREA
2nd FLOOR UNDER AIR AREA
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=
2,514
2,445
sq.ft.
2nd FLOOR VERANDA AREA
2,514
sq.ft.
sq.ft.
TOTK—GR.QSS-,AREA_
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TOTAL FOOT PRINT AREA
5,351
sq.ft.
GARAGE AREA
1,078
sq.ft.
STAIRS AREA
=
176
sq.ft.
2nd FLOOR UNDER AIR
797
sq.ft.
2nd FLOOR VERANDA
281
sq.ft.
TOTAL --GROSS AREA------
a
2,,332_-.eq,Lt.
TOTAL FOOT PRINT AREA
=
1.254
sq.ft.
NET LAND AREA' = 180,203 sq.ft.
(1,254 + 5,35 6,605sq.ft. • 100080,203 v 3.66%
TRACTS 1 do 4 OF THE SUBDIVISION OF
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 2 AT PAGE 59 OF THE PUBLIC RECORDS
OF MONROE COUNTY, FLORIDA.
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CALCULATIONS
?08,698 SF
51,685 SF
77,013 SF (100%)
>,615 SF . (3.74%)
>3,380 S 18.86%
;9,995 SF (22.59%)
CLEARING 6ALCULATIONS
9,995 SF (22.59%)
0,810 SF (17.4�)
0,805 SF � (39.99%)
1,760 SF � (43.96% OF TOTAL LOT AREA)
1,760 SF , (51.83% OF NET LOT AREA)
EXHIBIT "A"
EXISTING LAND CLEA
TOTAL LOT AREA (1 043.49x200)
EXISTING SCARIFIED AREA t
NET LOT AREA
EXISTING HOUSE/GARAGE
EXISTING DRIVEWAY CLEARED
TOTAL EXISTING CLEARED:
NEW ADDITIONAL LAB
TOTAL EXISTING CLEARED:
NEW AREA TO BE CLEARED
TOTAL CLEARED EXISTING 6c NEV
CONSERVATION EASEMENT AREA
CONSERVATION EASEMENT AREA
11
(1094.2"± PER SUBMERGED LAND DESCRIPTION)
1064f TO PLATTED SHORELINE
(1064'f TO APPROXIMATE "EXISTING" SHORELINE)
N.42°26'W PLAT / N.43°08'077)W. C.
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