09/15/1997 Agreement (LT22,BLK7)BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL (305) 289-6027
FAX (305) 289-1745
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;Dannp 1. Rotbage
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHrIEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
M E M O R A N D U M
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
TO: Bob Herman, Director
Growth Management Division
Attn: Isabel Reid, Sr. Staff Assistant
FROM: Isabel C. DeSantis, Deputy Clerk C7.CP.
Date: October 29, 1997
At the September 15, 1997 meeting, the Board granted
approval and authorized execution of a Grant of Conservation
Easement Agreement for Lot 22, Block 7, Harbor Course South
Section 3, Ocean Reef Plat 118, as recorded in Plat Book 7, Page
53 of the Official Records of Monroe County, Florida and MVP
Keys, Inc. Per your instruction, this Easement has been duly
recorded in the Official Records of Monroe County.
I have mailed the original Easement Agreement to MVP
Properties. Enclosed please find a fully executed, certified
copy of the Easement Agreement for your records.
Should you have any questions concerning the above, please
do not hesitate to contact this office.
cc: County Attorney
County Administrator, w/o document
/File
MONROE COUNTY FILE #1027960 RCD Oct 10 1997 02t50PM
OFFICIAL RECORDS BK#1479 PG#2139 DANNY L KOLHAGE, CLERK
GRANT OF CONSERVATION EASEMENT AGREEMENT
This Agreement is made on this /7` day of9V
by and between MVP Keys Inc. of 2070 NW 79th Avenue, City of
Miami , County of Dade , State of Florida , (Grantor) and
Monroe County, a political subdivision of the State of Florida,
whose address is 5100 College Road, Stock Island, Keys West, FL
33040 (Grantee). This Agreement is effective as of
Recitals
The parties recite and declare:
A.) The Grantor is the owner of certain real property
commonly known as Thatch Palm Way (the servient estate),
more particularly described as follows:
Lot 22 Block 7 Harbor Course South Section 3 Ocean Reef Plat
#18, as recorded in Plat Book 7 Page 53 of the official records
of Monroe County Florida
The Grantor desires to develop the servient estate as Single
family home as permitted in permit number 95-3-2368
The servient
Hardwood Hammock.
estate contains Moderate Quality Tropical
B. Y 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 o en
space and preserved in their natural condition if the servient
estate is to be developed as a single family home
The parties agree as follows:
1. Grant of easement.
FILE #1027960
HK#f1479 PG#f214O
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 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.
a. The conservation easement is located as follows:
as shown in the site plans for permit number 95 3 2368
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 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. 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. No planting of nonnative plants.
FILE #1027960
5. Term and persons bound. SK#1479 PG*2141
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 obliga-
tion 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 aris-
ing 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 certi-
fied 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.
FILE #E1027960
BK#11479 PG#2142
IN WITNESS WHEREOF, each party to this Agreement has caused
o be executed at (Place of execution)
kate in the first sentence of this Agreement.
DANNY L. KOLHA%G�E, CLERK
DEPUTY CLERK
Witness
Witness
ATE OF FLORIDA
COUNTY OFF ROE
Al QNeG) c VU'J�,v
yor
SWORN TO AND SU$SCgIBED before me this / day of
19M, by
w ona y k wn to
me or has produced as identification.
TYPec-Mary Name and Number
Wit ess
Witn s
Notary Signature aind Seal
TO FORM
STATE OF FLORIDA BYY���_
ttorney's Office
COUNTY OF MONROE
k
SWORN TO AND UBSCRIBED before ke �is i2� day of L v
19�by � � �
who is personall known to or h s
produced as identification
4'P,(tY PG9 OFFICIAL NOTARY SEAL -!
a
Typed No ? o Notary Signature and Seal
MY COMMISSION EXPIRES
FO F�O� NOV. 20,1999
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F I C PURPOSE SURVEYsCALE:i"=30'
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ATCH _PALM
FILE #1027960
BK#1479 PG#2143
ApiE
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MONROE COUNTY
DESCRIPTION: OFFICIAL RECORDS
LOT 22.IN BLOCK 7 OF •HARBOR COURSE SOUTH, SECTION THREE, OCEAN REEF PLAT
N0.18•,ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7 AT PAGE
53 OF THE PUBLIC RECORDS OF MONROE COUNTY,FLORIDA.
AND
A PORTION OF•HARBOR COURSE SOUTH,SECTIONONE,OCEAN REEF PLAT N0.14•-OF THE
PUBLIC RECORDS OF MONROE COUNTY. FLOR AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 22; THENCE NO1.24'02•W ALONG THE
EXTENSION OF THE WESTERLY LINE OF SAID LOT 22 FOR 20.00 FEET; THENCE
N88.35'58•E FOR 105.92 FEET TO THE SOUTHWESTERLY RIGHT -OF -NAY LINE OF SOUTH
HARBOR DRIVE;THENCE S 51.47'45•E ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE
OF SOUTH HARBOR DRIVE FOR 9.35 FEET;THENCE S48.04-29•W ALONG THE NORTHERLY
LINE OF SAID LOT 22 FOR 21.61 FEET;THENCE SB8.35'58•W ALONG THE NORTHERLY
LINE OF SAID LOT 22 FOR 96.70 FEET TO THE POINT OF BEGINNING. CONTAINING A
TOTAL OF 21.404.9 SQUARE FEET