06/10/1998 AgreementGRANT OF CONSERVATION EASEMENT AGREEMENT
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THIS AGREEMENT is made this L day of by and between HH- M
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Jean F. Reisinger x C:
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whose address is 6Atlantic Drive, Key Largo, Florida 33037
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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 x H
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Island, Key West, FI 33040 (Grantee). �
The parties recite and declare: N
The Grantor is the dwner of certain real property commonly known as
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6 Aflant * nrivv, KPyLaran, Florida 7 UB 7 (tha cPnriont cc+n+c1
more particularly described as follows: (Legal description) Lot 2, Tract B, Addition to
Knowlsnn Colony, (PR 4 ug20,)- J
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The Grantor desires to develop the servient estate as (describe project):
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A single family home aypermitted in permit # 96- 3 3610
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The servient estate contains (describe relevant natural features):
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Moderate qualitv high elevation tropical hardwood hammock.
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The Grantee is a general purpose subdivision the State
political of authorized and
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required to regulate and control the use of real property through land development
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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.
The parties agree as follows:
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1. Grant of easement.
In consideration for a development permit fora 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. cv
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2. Character of the easement and governing law.
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This easement is a conservation easement under Sec. 704.06, Fla. Stat. And is to N F'
be governed by, construed and enforced in accordance with that statue and with the J
applicable laws of the State of Florida.
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3. Location of the easement. (metes and bounds description of the open
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space area) �]
a. The conservation easement is located as follows:
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. No 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.
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e. No dumping or placing of soil or other substance or material as landfill or
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dumping or placing of trash, waste, or unsightly or offensive materials.
L No planting of nonnative plants
5. Terms and persons bound.
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This conservation easement is perpetual, runs with the land and is binding on all �
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present and subsequent owners and mortgagees of the servient estate. Grantor U1
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represents that the mortgagee(s), if any , whose consent is attached hereto, is (are) the CT)
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only mortgagee(s) having a security interest in the servient estate. ,d 14
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6. Entire Agreement.
This agreement constitutes the entire agreement between the parties and any J
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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.
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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 WITNESS WHEREOF, -the parties hereto have set their hands and seals the day and year first
above written.
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(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHA ECILE =;moo x OF MON COUNTY, FLORIDA (Grantee)
Y , By
Deputy Clerk Mayor/Chairman
Si a ure of witness Gran o r�
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Printed name, of witn Pri d name of Grantor
Sign t re of wit
Printed name of witness FILE # 1 GD 7 4 2 4 7
BK# 1 5 2 6 PG# 1 1 7 5
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personally appeared,1�74-4 F iel-ls / Aj 6 L--'z/,
who is personally known to me, or has produced as identification.
Sworn to and subscribed before me this 11 b. day of ��-y1 192,
1�'y►VR&s MARIE S. USTIANOWSKI V
corrmnlSSloN # CC 672732
Typed of ATLANTIL'e=&rRIiNC.
12/97
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Notary Signature and Seal
��►vR� MARIE S. USTIANOWSKI
49�COMAMSSION #f CC 672732
c EXPIRES OCT 1, 2001
BONDEDINAU
VOF W� ATLANTIC BONNNo CO„ INC,
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OFFICIAL RECORDS
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