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GRANT OF CONSERVATION EASEMENT AGREEMENT
This Agreement -is made on this 12 day of _ V� A 19,E , by and
between Barbara E. Osborn of 1ADDRES51 8220 SW 159 Street, Miami, FL
City of —Miami County of Dade State of
(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). 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
(Street Address) 461 RarraC„da R VdKey -La.rria._FT.
(the servient estate), more particularly described as follows:
Legal Description) R, 1k 7 r ot-c 22 & 3 • Angi ers Park. Key Largo
As recorded in Plat Boo'- 1, Pane 159, official records
of Monroe Count
The Grantor desires to develop the servient estate as (Describe Project)
Single Family Residence as permitted in 96-3-1945
The servient estate contains (Describe relevant natural features)
Quality Tropical Hardwood Hammock
9.) 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:
1. Grant of easement.
Inconsideration for a development permit for Single Family Residence
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
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be governed by, construed, and enforced in accordance with that statute and with the
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aa. applicable laws of the State of Florida.
`D 3. Location of the easement,
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a. The conservation easement is located as follows:
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(Metes and bounds description of the open space area
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P1 Pasp rafar t•n ,1C)p_rmi t- :IE96_1_1 q49
As shown on Attachment A
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U. -The locution of ine easement is also aescn48a in ine aiayrorn UTTacnea to
this instrument as Exhibit "A" and, by reference, made a part of this instrument as
fully and to the some effect as if set forth in this instrument in its entirety.
4. Restraints im osed 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 non -hammock plants
S. Term and persons bound
in in This conservation easement is perpetual, runs with the land and is binding on all
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y a present and subsequent owners and mortgagees of the servient estate. Grantor
i represents that the mortgagee(s), if any, whose consent Is attached hereto, is (are) the
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a •-4 only mortgagee(s) having a security interest in the servient estate.
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IM b. Entire agreement
This Agreement constitutes the entire agreement between the parties and any
Prior vnderstanding 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.
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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. Attomev'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.
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 os set forth at the
beginning of this Agreement.
IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed at
_;Place of execution) Monroe County, Florida
on the date in the first sentence of this Agreement.
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Conservation Easement
Witness
Witness
V404-
Mayor
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DANNY L. KOLHAGE, CLERK
BY L'.1je. Adw&,4)
STATE OF FLORIDA DEPUTY CLERK
COUNTY OF MONROE
SWORN TO AND 'SUBSCRIBEC) before me this _ day of 1996, by
who is personally----knchVK—t,67, me or has produced
as identification.
Typed Notary Nome and Number Notary Signature and Seal
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aSTATE
OF FLORIDA
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COUNTY OF MONROE
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SWORN TO AND SUBSCRIBED before me
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who is persKc
as identification.
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Grantor
lIy- of A6bt"—, i 99jr by
to me or has produced
Typed �Jotary Nome and Number Notary Sighature and Seal
Gay Mane Smith
My COMMISSION # CC598096 DMS
October 31. 2000
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-------•--------------------------------------------------------------------•Barraouda Boulevard ------------------------------------------------------------
Site Plan
80e168 r • io,
Barracuda Boulevard Residence
Angler's Park
Key Largo. Florida
MONROE COUNTY
OFFICIAL RECORDS