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04/17/2013 Deed• 'This instrument prepared by, or under the direction of NATILEENE W. CASSEL, ESQ. FBN 365785 Assistant County Attorney P.O. Box 1026 Key West, Fl. 33041 -1026 (Using form provided by SFWNM) RE: Parcel Identification Number: 00370830- 000000 Alternate Key No.: 1453994 DEED OF CONSERVATION EAS EMENT THIS DEED OF CONSERVATION EASEMENT is given this — day of 20 /3 , by Monroe County, State of Florida, a political subdivision of the State of Florida, 1100 Simonton Street, Key West, FL 33040 ( "Grantor ") to the South Florida Water Management District ( "Grantee "). As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as herein defined) and the term Grantee shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Monroe County, Florida, and more specifically described in Exhibit A attached hereto and incorporated herein by reference ( "Property "); and WHEREAS, the Grantor desires to construct a surface water management system serving 1.70 acre(s) of industrial development known as Monroe County Tower Upgrade ( "Project ") at a site in Monroe County, which is subject to the regulatory jurisdiction of South Florida Water Management District ( "District "); and WHEREAS, District Permit No. 44- 00225 -P ( "Permit ") authorizes certain activities which affect surface waters in or of the State of Florida; and WHEREAS, this Permit requires that the Grantor preserve and/or mitigate wetlands under the District's jurisdiction; and WHEREAS, the Grantor has developed and proposed as part of the permit conditions a conservation tract and maintenance buffer involving preservation of certain wetland and/or upland systems on the Property; and WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes (1995), over the Property; NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates and establishes a perpetual conservation easement for an in favor of the Grantee upon the Property which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature and character of this conservation easement shall be as follows. I . It is the purpose of this conservation easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. To carry out this purpose, the following rights are conveyed to Grantee by this easement. a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this conservation easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 2. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, which are permitted or required by the Permit, the following activities are prohibited in or on the Property: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground. b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; g. Acts or uses detrimental to such aforementioned retention of land or water areas; h. Acts of uses within Grantor's regulatory jurisdiction which are detrimental to the preservation of any features or aspects of the Property having historical or archaeological significance. 3. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and which are not inconsistent with any District rule, criteria, permit and the intent and purpose of this Conservation Easement. 4. No right of access by the general public to any portion of the Property is conveyed by this conservation easement. 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. 7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restriction of this conservation easement shall be borne by and recoverable against the non- prevailing party in such proceedings. 3. Enforcement of the terms, provisions and restrictions of this conservation easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 9. Grantee will hold this conversation easement exclusively for conservation purposes. Grantee will not assign its rights and obligation under this conservation easement except to another organization qualified to hold such interests under the applicable state laws. 10. If any provision of this conservation easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved. 11. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed property given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor -in- interest. 12. The terms, conditions, restrictions and purpose of this conservation easement shall be inserted by Grantor in any subsequent deed or other legal instrument by which Grantor divests itself or any interest in the Property. Any future holder of the Grantor's interest in the Property shall be notified in writing by Grantor of this conservation easement. 13. This conservation easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors -in- interest, which shall be filed in the public records in Monroe County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purpose imposed with this conservation easement shall be binding upon Grantor, and shall continue as servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear or all encumbrances; that Grantor has good right and lawful authority to convey this conservation easement; and that it hereby fully warrants and defends the title to the conservation easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Monroe County, State of Florida, a political subdivision of the State of Florida, has hereunto set its authorized hand this 17th day of April 2013. ' Signed, sealed and delivered in our presence as witnesses: Name: GRANTOR: Monroe County, State of Florida, a political subdivision ofthe State of Florida 1, George R. Neugent Name: TITLE: Mayor /Chairman Attest: Amy Heavilin, Clerk DATE April 17, 2013 MONROE COUNTY ROVED AS TAT7ORNEY sy 1 � F u Clerk N ATILEENE W C Deputy y ASSISTANT COUNTY A Date.._ ATT ORNEY DATE: 4/1 Z 1:3 (SEAL) _C) r- �r i 1 V C a -:, - : = r:1 c i •• Q Cit CD EYHIB IT A A PARCEL OF LAND IN A PORTION OF LOTS 6, 7, 8 AND 9, TOGETHER WITH A VACATED ALLEY BETWEEN LOTS 7 AND 8 AND 9 AND 6, BLOCK 35, CRAINS SUBDIVISION OF GRASSY KEY, ACCORDING TO THE PLAT THEREOF AS RECORD IN PLAT BOOK 1, PAGE 51 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHESTERLY CORNER OF SAID LOT 8; THENCE N.51 0 23'00 "E. ALONG THE NORTHWESTERLY LINE OF SAID LOT 8, 113.00 FEET TO THE POINT OF THE BEGINNING; THENCE S.45 °33'39 "E., 28.18 FEET; THENCE S.50 ° 53'30 "E., 17.46 FEET; THENCE S.32 0 48'44 "W, 16.45 FEET; THENCE S.28 °54' 18 "E, 19.73 FEET; THENCE S.39 0 07'20 "E., 19.48 FEET; THENCE 46 °E., 10.04 FEET; THENCE N.30 °55'26 "E., 16.89 FEET; THENCE N.17 °39'42 "W., 13.93 FEET; THENCE N.43 0 40'04 "W., 19.01 FEET; THENCE N.53 0 58'59 "W., 22.40 FEET; THENCE S.52 °20'55 "W., 7.70 FEET; THENCE N.53 °54'41 "W., 12.50 FEET; THENCE N.28 1 11'20 "W., 15.21 FEET; 'THENCE N.47 0 12'51 "W., 21.65 FEET TO A POINT ON THE WORTHWBSTERLY LINE OF LOT 7; THENCE S.51 0 23'00 "W., ALONG THE NORTHWESTERLY LINE OF LOTS 7 AND 8, 28.00 FEET TO THE POINT OF BEGINNING. CONTAINNG 4,442 SQUARE FEET OR 0.1 ACRES MORE OR LESS.