10/08/1998 EasementGRANT OF CONSERVATION EASEMENT AGREEMENT
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THIS AGREEMENT is made this day of 19q� by and between
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Alan and Suzanne McCaskill
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P.O. Box 45, Summerland Key
whose address is y
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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, FL 33040 (Grantee).
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The parties recite and declare:
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A) The Grantor, is the owner of certain real property commonly known as
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Lot 15Block 5 , Ramrod ShnrPs Ramrnr� xr�F1 nri rla (the servient estate),
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more particularly described as follows: (Legal description)
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Lot 15, Block 5, Ramrod Shores, Ramrod Key, Florida
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The Grantor desires to develop the servient estate as (describe project):
A single family residence
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The servient estate contains (describe relevant natural features):
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Moderate quality, low tropical hardwood hammock
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See Attachment "A"
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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
The parties agree as follows:
t . Grant of easement.
Inconsideration for a development permit for a single family residence
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and in order to comply with Sec. 9.5-336, Monroe County Code, the Grantor hereby grants to N ti
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Grantee the easement described below. Fy
2. Character of the easement and govemina law. tD
This easement is a conservation easement under Sec. 704.06, Fla. Stat. and is to be governed N
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by, construed and enforced in accordance with that statute and with the applicable laws of the t✓ N
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State of Florida. N
3. Location of the easement. (metes and bounds description of the open space area) W
a. The conservation easement is located as follows
See Attachment "B"
b. The location of the easement is also described in the diagram attached to this
instrument as Exhibit " g" 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 imdosed 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 is such manner as to affect the surface.
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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
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placing of trash, waste or unsightly or offensive materials. F� H M
f, All conditions of permit #971-635 apply for perpetuity. Ln
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5. Term and persons bound. l0
This conservation easement is perpetual, runs with the land and is binding on all present and J
subsequent owners and mortgagees of the servient estate. Grantor represents that the H N
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mortgagee(s), if any, whose consent is attached hereto, is (are) the only mortgagee(s) having a N
security interest in the servient estate. A
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.
7. Modification of Aareement
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.
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.
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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►Ef HEREOF, the parties hereto have set their hands and seals the day and year first
AtST: DANN tC LHAGE, CLERK
Bys�JcjC • 4cy 4
Deputy Clerk
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Signature of witness
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Printed name of witness
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S' ure of witness
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Printed name of witness
STATE OF FLORIDA
COUNTY OF MONROE
BOARD OF COUNTY COMMISSIONERS
OF MONR9E-gOUNTY, FLORIDA (Grantee)
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By _
yor/Chairman
Gran,
Printed name of Grantor
�BE�FORE ME, the uJe igned authority, personally appeared Lj�AwJ(' (h� ��
and SULCnn C ,Cl .S . // , who are personally kn2w�vn to me, or have produced
Alown and respectively
as identification.
Sworn to and subscribed before me this 4? _ day of G�TOB£2 19.
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G # 4eSr1AJ,4 /.*'I 7.,C1,De
Typed Notary Name and Number
Notary Signature and eal
F
yCHRISTINA M. GEIDE
MY COMMISSION M CC stelaEXPIRES: February s 2001
eo�e.a rnru Notary Public Underwftn
Attachment "A"
HABITAT ANALYSIS SCORESHEET
PARAMETER
VALUE
1)
0 SOIL COVER
98
SCORE
2)
# WOODY PLANTS
29
3
3)
WE PLANTS
3
2
4)
DENSITY T/E PLANTS
WACRE
1
5)
PEST PLANTS a)
Schinus
3
b)
Leadtree
1
6)
% NONNATIVE PLANTS
Agav15
7)
T/E ANIMALS a)
Key deer -range
2
b)
Miami black snake -range
c)
Mud turtle -range
8)
d)
% SOIL DISTURBANCE
White crown pigeon-range&food
25
source
9)
SIZE
ACRE
2
10)% PERIMETER ABUTTING 44
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DEVELOPED LANDS
2
TOTAL:
17
QUALITY RATING: MODERATE
OPEN SPACE RATIO: 60 %
BUILDABLE AREA: ± 2,800 SQ.FT.
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Attachment "B"
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MONROE COUNTY
s OFFICIAL RECORDS
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