11/12/1998SETTLEMENT AGREEMENT
STEVE SPECTOR, and MONROE COUNTY, a political subdivision of the State
of Florida, enter into this Stipulation and Settlement Agreement pursuant to F.S. 380.032,
and as grounds states, as follows:
WHEREAS, Monroe County issued permit no.89-1-1065 for a single family
residence ("SFR") on Lot 6, Block 77, Second Addition to the Port Pine Heights
Subdivision (the "property") on 5/2/89; and
WHEREAS, an auger inspection was approved 5/3/89; and
WHEREAS, a column inspection was approved 5/11/89; and
WHEREAS, a temporary electric inspection was approved 6/13/89; and
WHEREAS, a slab inspection was approved 7/17/89; and
WHEREAS, a tie beam inspection was approved 9/15/89; and
WHEREAS, no further inspections on this permit were made for a period of 120
days and the permit lapsed on March 14, 1990; and
and
WHEREAS, permit no.91-1-943 was issued to complete the SFR on July 20, 1990;
WHEREAS, rough electric and rough air conditioning inspections were completed
on September 14, 1990; and
WHEREAS, a rough plumbing inspection was approved on January 30, 1991 and
no further inspections were made for a period of 120 days and the second permit lapsed
on May 30, 1991; and
WHEREAS, permit no.91-1-2951 was issued to complete the SFR; and
WHEREAS, an insulation inspection was approved January 17, 1992; and
WHEREAS, a framing inspection was called in by Steve Spector, but never
completed by the Monroe County inspector within 120 days and the third building permit
lapsed in May 18, 1992; and
WHEREAS, the house was subsequently completed and placed on the tax rolls by
the Monroe County Property Appraiser, but SPECTOR cannot obtain an after -the -fact
permit and Certificate of Occupancy for the completed home.
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Hershoff, Lupino, DeFoor & Gregg, L.L.P. • 90130 Ow HIGHWAY • TAvHRMHR, Ftoxm,, 33070
TELEPHONE (305) 852-8440 • FAx (305) 852-8848
herein.
NOW THEREFORE, the parties hereby agree as follows:
1. The facts as set forth above are hereby incorporated as if fully set forth
2. In lieu of litigation, the parties to this agreement have agreed to resolve this
dispute as follows:
A. STEVE SPECTOR hereby agrees to place upon the property and
record in the Official Public Records of Monroe County, Florida a restrictive covenant and
conservation easement upon adjoining Lots 5 and 7, Block 77, SECOND ADDITION TO
THE PORT PINE HEIGHTS SUBDIVISION, according to the Plat thereof as recorded in
Plat Book 4, Page 167 of the Public Records of Monroe County, Florida, binding himself
and his assigns, heirs, and successors in title on behalf of Monroe County and State of
Florida Department of Community Affairs ensuring that (1) no residential dwelling or
habitable structure shall be built upon said lot, (2) that the native growth contained on
said lots shall be maintained in its natural state and shall not be disturbed, destroyed nor
removed, except with the prior written approval of Monroe County, Florida and (3) no
building(s) or other structure(s) shall be placed upon said lots, except a wall or a fence
securing the property and any such wall or fence shall be placed upon the premises only
in accordance with a building permit, plans and specifications approved by Monroe
County, Florida obtained in advance of construction.
B. Monroe County shall immediately and forthwith issue a Completion
Agreement and a Certificate of Occupancy to STEVE SPECTOR for his residential
dwelling existing on Lot 6, Block 77, SECOND ADDITION TO THE PORT PINE HEIGHTS
SUBDIVISION, according to the Plat thereof as recorded in Plat Book 4, Page 167 of the
Public Records of Monroe County, Florida upon submittal of (1) proof that the restrictive
covenant and conservation easement have been approved as to legal sufficiency and
recorded in the Official Records Book as set forth above and (2) certification by Florida
licensed architect or engineer that construction was completed in conformance with the
appropriate construction code under Code §6-44 and (3) upon payment of $1,000.00.
3. Upon issuance of the Certificate of Occupancy and Completion Agreement,
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Hershoff, Lupino, DeFoor & Gregg, L.L.P. • 90130 OLD HIGHWAY • TAvERNIER. FLoxroA 33070
TELEPHONE (305) 852-8440 . FAx (305) 852-8848
the parties agree to exchange General Releas
contained herein.
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this &day of
1998, by STEVEN SPECTOR, who is personally known to me or who has
produced as identification and who did take dKoj
annoath.`,, �4��
v/) /�-J
NOTARY PUBLIC
My Commission M: RuBER
MY COMMISSION _•: / CC 489447
'� do EXPIRES: AuWd 17,1999
Bmbed TAru NoWy PW* Uubmt n
APPROVAL OF MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
OnAhftMAef IA , 1998, the BOARD OF COUNTY COMMISSIONERS
of Monroe County approved this Settlement Agreement by Resolution No. N
ATTEST:
Danny Kolhage, Cler._
By.•�a G. �++���D. G .
As Clerk of the Board of
County Commissioners
hAisa\wp\spectOr\settleme nt.agreement
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
MAYOR
APPROVED as to form and legal
sufficiency:
ounty Attorney
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Hershoff, Lupino, DeFoor & Gregg, L.L.P. • 90130 OLD HIGHWAY • TAVERNIER. FLORIDA 33070
TELEPHONE (305) 852-8440 • FAx (305) 852-8848
GRANT OF CONSERVATION EASEMENT AGREEMENT
THIS AGREEMENT is made this J�2--. O day of' _VC Y� 199 , by
and between 5T E
5 ,
`PEC Tk (1) lb
whose address is
1, 01 ae6ApEll (\L \AW4*lf
W-P•a, County of N-M
&WH , State of
(Grantor) and Monroe County, a political subdivision of the State of Florida, whose
address is 5100 College Rd., Stock Island, Key West, FL, 33040 (Grantee).
The parties recite and declare:
A. The Grantor is the owner of certain real property commonly known as
Seagrape St., Big Pine Key (the servient estate), more particularly described as follows:
(Legal Description):
Lots 5, 6, 7, Block 77, PORT PINE HEIGHTS SUBDIVISION, SECOND ADDITION
The Grantor desires to develop the servient estate as (describe project):
Single Family residence on Lot 6
The servient estate contains (describe relevant naturat, a. features):
Vacant land (prior to house), some Ian
trees, riprap sea wall on bayside
B. The Grantee is a general purpose
isctTtOrials, palm
cal 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
r
servient estate is to be developed as a residence.
The parties agree as follows:
1. Grant of Easement.
In consideration for a Certificate of Occupancy for single family home Lot 6, Block
77, 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. (Metes and bounds description of the open
space area).
a. The conservation easement is located as follows: All of those portions of
Lots 5 and 7, Block 77 which have not been developed and/or otherwise may not be
developed except for limited purpose, i.e., boundary wall, fence, seawall, driveway
entrance.
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
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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.
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, waster or unsightly or offensive materials.
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.
M
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 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, the parties hereto have set their hands and seals the
day and year first above written.
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(SEAL.,.' "
ATTE `. 4 LHAGE, CLERK
(Grant-
Bv.a
Deputy Clerk
Sig ture of Witness
,,%elt,vve C I;o"
Printed Name of Witness
Signature of Witness
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF MONROE
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
G
The foregoing instrument was acknowledged before me this _1_ day of
S-rEV E' S
(: cI' , 1998 by SPW—roP-, rn.D , who is personally known to me or who
has produced
an oath.
As identification and who did (did not) take
NOTARY PUPLIC
PRINT NAME OF NOTARY PUBLIC
My Commission Expires:
B EENDA L. BRUBER
W COMMISSION a CC 494t7
EXPIR M: August 17,1999
„ BMW nw roan Pd* mombrs
h:Uisa\wp\spector\ag regiment
5
LEGAL DESCRIPTION: Lots 5,6, and 7, Block 77, Second Addition to Port
Pine Heights, According to the Plat thereof as Recorded in Plat Book
4, at Page 167, of the Public Records of Monroe County, Florida.
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This Lot appears to be in Flood Zone V E , \
with a base flood el*votion Of foot, i J�
F.I.R.M. Number MS IZ9 - I$C 1 H •D•17•
Surveyors Notes:
S.I.R.• set iron rod 1/2• with Cap No. LB 2863
F.I.R.= found iron rod Size a■ shown
F.I.P • found Iron pipe size as shorn
S.N.D.• Set nail and disk No. LB 2863
F.N.D.• found nail and disk No. aS shown
F.N.N.• found nsil and nut
F.N.N.• found nail and washer
p�• eantorline of right of ray
P• point Of curve
P.i. • point of intersection
r/r right of way
Fe property line
Elevation• are Shown thus 0.00, And Are N.G.V.D.-29
Al1 lot angles are 90 unless shown otherwise.
M.H.W•(Mean High Water) in approximate and does
not purport to astab Iish local datum or tidal
boundary property lines.
P.O.B.= point of beginning
Cz)�R.FCotD C.), "r45u6L94P
SURVEY IS NOT VALID UNLESS SEALED WITH A
RAISED EMBOSSED SEAL.
T;�era are no above ground encroachments
t :at are not shown.
Benchmarki. 1 {
1
CERTIFICATION-
1 Hereby certify That This Survey Meet@ Tha 1lnimum Requireaents
Of Chapter 61017-6, Florida Administrative ode, Pursuan
Section 472.027, Florida Statutes.
Harold L. Overbecr
Florida Registered Land Surveyor No. 2912
Date, Drawn By. H. L. Overbeck, Inc. section S
Ha 1 P.O.Box 431346 Big Pine Rey, Florida 7brnthLp s •Soso Z�c
Scale- 1Revision. 33043-1346
I•,=� Phone,(305)-872-4319
Job Number, 99 03
,y,, Lq RIW aa/t^M Fax:(305)-672-0970