05/20/1997MONROE COUNTY FILE #1 0 0 7 4 7 7
OFFICIAL RECORDS BK# 1 4. 6 0 PG# 5 6 1
GRANTa OF CONSERVATM'1EASEf 1EW AGENT
This Agreement is made on this � day of M11 Y , 191-1, by and
between Miguel Pozo of (ADDRESS) 129 Pacific Avenue
City of Tavernier County of Monroe I 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).
This Agreement is effective as of
Recitals RCD Jun 05 1997 09:59AM
DANNY L KOLHAGE, CLERK
The parties recite and declare:
A.) The Grantor is the owner of certain real property commonly known as
(Street Address) 129 Pacific Ave., Tavernier FL 33070 (the
servient estate), more particularly described as follows: (Legal Description) Block 2 Lot 9,
Harris Ocean Park Estates, Key Largo PB 4-126 OR 427-240 OR 660-610 OR 862-24 OR
1182-2197 (JB) OR 1182-2198 FJ(JB)
The Grantor desires to develop the servient estate as (Describe Pro)ect)
a single family home for 870 square feet with 1225 sauare foot roof, 116 square foot porch
A total cleared area of 2010 square feet As shown in Monroe County Building Permit #95
3-564
The servient estate contains (Describe relevant natural features)
Moderate quality high hammock to allow for 3015 square feet of area to be maintained
as "open space"
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 home
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The parties agree as follows: B K# 1 4 6 0 P G# 5 6 2
1. Grant of easement.
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:
(Metes and bounds description of the open space area)
See attached site plan (Exhibit & all cross -hatched area is allowable clearing
Remainina area is to be left undisturbed Open space area is 3015 square feet
and to be under the 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, 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 imoosed 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 olantina of non-native vegetation
5. Term 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.
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7. Modification of agreement B K# 1 4 6 0 P G# 5 6 4
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 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 as 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 exe ti ni Mon- a Coun
on the date in the first sentence of this Agreement.
Conservation Easement
4
i Q
ST: DANNY L. KOLHAGE,
Witness
Conservation Easement
]BOARD OF OUNTY COMMISSIONERS
Mayor
Witness
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STATE OF FLORIDA BR# 1 4 6 0 PG# 5 6 5
COUNTY OF MONROE
SWORN TO AND SUBSCRIBED before me this _4�f day of 1997. by
who is personally known to me or has produced
My Comm I.xp. 12/30/99
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STATE OF FLORIDA
COUNTY OF MONROE
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Gra tor
,SWORN T� AND SUBSCRIBED before me this day ofdA}199 ,, by
I who is personally known to me or has produced
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T ped Notary Name and Number N tary Signature an Seal
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