01/13/1999GRANT OF CONSERVATION EASEMENT AGREEMENT
e�"W* r a THIS AGREEMENT is made this � day of , 19 1& by and between
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o � Countyof State of �,. , (Grantor) and Monroe County, a
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political subdivision of the State of Florida, whose address is 5100 College Road, Stock Island, Key West,
F133040 (Grantee).
1` The parties recite and declare:
It It The Grantor is the owner of eerdtin real property commonly known as
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4 � �� 62�lithe servient estate),
more particularly described as follows:, (Legal description), HJtpw Iz %-s6r—, .
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The Grantor desires to develop the servient estate as (describe project):
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a a x The servient estate contains (describe relevant natural features):
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.a The Grantee is a general purpose political subdivision of the State authorized and required to
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,a regulate and control the use of real property through land development regulations in order to protect the
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public health, safety and welfare. Sec. 9.5-336 of the Grantee's land development regulations requires that
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a o 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�-
The parties agree as follows:
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1. Grant of easement.
In consideration for a development permit for a 4 (W QL6__
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. (metes and bounds description of the open space area)
a. The conservation easement is located as follows
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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 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. Noy excavation, dredging, or removal of loam, peat gravel, soil, rock, or other material
substances 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.
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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 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.
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'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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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
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(SEAL) -8 �, BOARD OF COUNTY COMMISSIONERS
ATTEST: !A I7AGE, CLERK OF MONROE COUNTY, FLORIDA (Grantee)
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Deputy Clerk n Mayor/Chairman
Si nature of witness
Printed name of witness
STATE OF FLORIDA
COUNTY OF MONROE
and
Grantor
Printed name of Grantor
BEFORE ME, the undersigned authority, personally appeared
,who are personally known to me, or have produced
ana , respectively
as identification.
r qbSworn to and subscribed before me this �day of G19
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Typed Notary Name and Number Notary Signature and Seal
MyMTURO MARRERO
My Witm Do. 7/21/M01
c t,. CC 665557
11 Pemom!y rnowm 11 OYwr I.D.
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FOUNDATION PLAN
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Fc^t;N,ED4TICN FLAN -
LOT AREA -
5-3
PCCL,DECK FCUNDATICN / DETAILS
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FLCCR FLAWFL OCR FF"' -LING
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! DOCK' / WINDCtU SCHEDULE ,
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ELEVATICNS
LOT COVERAGE
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ROOF F'L...t,l
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CLEARANCE A�
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DOOR/WINDCW 4 M115C. DETAILS
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MECHANICAL PL..t�
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ELECTRICAL FLA%N,CALCSJRISERS
FLOOR AREA C
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FLtlME31NG PLAN / RI3ERs
GARAGE AREA
LOC,�T{0�1� BUILDING
SET BACK
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FILE # 1 1 0 7 6 3 4
BK# 1 5 6 0 PGII 5 5 3
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FRONT
REAR
SIDES
DRAIN/.
LOT AREA
IMPERVIOUS
9e IMPERVIot
RAINFALL
DISTURBED ,
•
ATE CRITERIA
2Cv,�✓'bb�j
REQ'. MAX
l 0, 6 � sy SF. (4O90 )
FILE # 1 1 0 7 8 3 4
BK# 1 5 6 0 PG# 5 5 4
_PROVIDED
3 o 5F, (13,Z%) ,
5g845 sr-- (1;?.A o)
TOTAL S.F.
3 500 S.F.
820 S.F.
TOTAL 4.520 S.F.
25-01,
20'-011
I0'-0' Z8'-0"/51 -0"
E CALCULATION5
26156Ji,�F ' SF.
3500 S.F.
13Z 90
X IMPERVIOUS/OR I" .385
:A IMPERVIOUS 35,00..00 S.F.
OTHER (POOL DECK I.3*(,1.00 S.F.
OTHER (DRIVEWAY) 1579;.1?5 SF.
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10 WI COV.(M 0A0, = 4460.54 SWFT
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WATER RETENT,
AREA
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LEGAL DESC'A
Lot 55. In block
OCEAN REEF PLAT
Recorded In Plat
of Monroe County)
TOGETHER WITH:
A portion of Tra'
TWO OCEAN REEF P
as recorded In P
of Monroe Count
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described as- f o 1
lyln99 South of a
Lot 56. be I nq bo
Lot 56 extended. ,
line of sold I.ot s
TOTAL
535 FT REQUIRED
425s.�.
IT ��F �M�N� oF s•x�- �5 SJ�
'RETENTION AREA
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0ILE--4-1107834
BK# 1 5 6 0 PG# 5 5 8
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�L DESCRIPTION
I PTI ON:
8 of *HARBOR COURSE SOUTH SECTION FOUR
N0.i90 accordinq to the Plat thereof as
c�800k 7 at page 5A of the Public Records
Florida.
ct *80 of •HARBOR COURSE SOUTH SECTION
ILAT NO. 17%. accordin0p to the Plat thereof
11at Book 7 at page 52 of the Public Records
Florida. and being more particular)
lows: A strip of land -20.00 feet -in width
,nd contlUOUS to the Southerly llne.of said
fund on 190 East by the Easterly line of said
and being bound on the West by the Westerly
56. extended.
MONR69 COUNTY
OFFICIAL RECORDS
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