07/08/1998 AgreementTHIS AGREEMENT b made this day of ,....E- 199`by anc. between O c
James E. & Pamela J. Kraner whose address is 5 Kyle Way East j H W
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County of Monroe311
, State of Florida (Grantor) and Monroe --ounty, a ~ n
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Political subdivision of the State of Florida, whose address is 5100 College Road, Stock Island, Key o y
West, Fl 33040 (Grantee). x
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The parties recite and declare:
A) The Grantor is the owner of certain red property commonly known as
5 Kyle Way East
(the servient estate).
more particularly described as follows: (legal description)PC
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Being over and upon a parcel of land being part of Lot 15, Block 2, "Knights Key
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Village" as recorded in Plat Book 5, Page 84,'Section 8-66-32
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The Grantor desires to develop the servient estate as (describe project):
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A single family residence
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The servient estate contains (describe relevant natural features):
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Moderate hammock "Disturbed with Hammock" as described in H.E.I. Scoresheet
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dated June 10, 1997
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B) The Grantee is a general purpose political subdivision of the State authorised and
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required to regulate and control the use of real property through land development regulations in
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order to protect the public health, safety and welfare. Sec. 9.5-336 of the Grantee's land
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development regulations requires that certain areas of the servient estate be
retained os open
space and preserved in their naturd condition if the servient estate is to be developed as a
Single family home
The parties agree as follows:
In consideration for a development permit for a single family home
and in order to comply with Sec. 9.5-336, Monroe County Code, the Grantor hereby giants to
Grantee the easement described below.
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This easement is a conservation easement under Sec. 704.06. Fla. $tat. and is to be gcvemed m „s
by. construed and enforced in accordance with that statute and with the applicable laws of the F+ M
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State of Florida. N F+
3. Location of the easement_ (metes and bounds description of the open space cXea)
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a. The conservation easement is located as follows tP
An area described as open space within Permit 97-2-500 shown as If/ on the N tp
attached site plan, providing 4830 square feet of conservation easement
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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, mode a port of as fully and to the same effect <ss if set
forth in this instrument In its entirety.
The conservation easement granted by this instrument Imposes the following restrictians 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 rr aterial
substance is such manner as to affect the surface.
C. No excavation, dredging; -or removal of barn, peat grovel, soli. rock, or other material
substance is 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 soli 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 vegitation
S. Term and nasons bound
this conservation easement is perpetual, nuns with the land and is binding on all present and
subsequent owners and mortgagees of the servient estate. Grantor represents that the
m«690906(s)• if any, whose consent is attached hereto, is (are) the only mortgagee(s) leaving a
security interest In the servient estate.
This agreement constitutes the entire agreement between the parties and ony prior
understanding or representation of any kind preceding the date of this agreement is not binding
upon either pony except to the extent incorporated in this Agreement.
Any modification of this Agreement or additional obligation assumed by either party I
connection wit this Agreement is binding only If evidenced In writing and signed by an authorized
representative of each party and by any mortgagee.
In the event of any controversy, clan or dispute
arising under this instrumenf, the p evalling
party is entitled to recover reasonable aftomey's fees and costs.
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.
Any notice provided for or concerning this Agreement must be in writing and is sufficiently
given when sent by cerHAed or registered mail, or via an equivalent service furnished by a private
carrier, to the respective address of each party as set forth of the beginning of this Agreemern.
IN WITNESS WHEREOF, the parties hereto have set their, hands and seals the day and year fht
BOARD OF COUNTY COMMISSIONERS
kNNY L KOLHAGE, CLERK OF MON COUNTY, FLORIDA (Grantee)
•r►� By .....
AND
STATE OF
COUNTY
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Grantor
BEFORE ME, the undersigned authority, penono#V appeared �wrwn s's t a.;Ls�
who is personally known to me, or has produced Q as identification.
Swom to and subscribed before me this 1 day of
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Typed Notary Name and Number
CC- roSo 97(,
MARY A N HHL
WM MAY 27�� T 76
a AAMfrIC Co., W
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MONROE COUNTY"
OFFICIAL RECORDS