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02/19/2003 AgreementGrant of Conservation Easement MONROE COUNTY OFFICIAL RECORDS FILE # 1 3 5 5 4 s 5 BK#.1 8 6 6 PG# 1 6 2 RCD Mar 12 2003 03:30PM DANNY L KOLHAGE, CLERK THIS AGREEMENT is made this J�F" day of 043 by and between Barry and Paula Davidson whose address is 6493 Sunset Drive, Miami, Florida 33143 County of Miami -Dade 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, F133040 (Grantee). The parties recite and declare: The Grantor is the owner of certain real property commonly known as 437 South Harbor Drive, Key Largo Florida 33037 (the servient estate), more particularly described as follows: (Legal description) Lot 32 Block 7 Harbor Course South Section 3 & Pt. Tract A, Ocean Reef Plat #18, PB 7 Pg. 53 RE# 00573710-003200 The Grantor desires to develop the servient estate as (describe project): A single family home as shown in permit 01-3-871 The servient estate contains (describe relevant natural features): Moderate Quality Low Elevation Tropical Hardwood Hammock 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 Davidson L32B7 GOCEA - 1 - Document prepared by: Jean Reisinger 88800 Overseas Highway Tavernier, Florida 33070 FILE # i 3 5 5 9 g 5 BE# 18 6 6 PG# 16 3 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: 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. (metes and bounds description of the open space area) a. The conservation easement is located as follows as shown in Exhibit A attached 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 is such manner as to affect the surface. d. No activities detrimental to drainage, flood control, water conservation, erosion control and soil conservation. Davidson L32137 GOCEA 2 RE# 00573710.003200 FILE #1 3 5 5 9 9 5 BK#1866 PG#164 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. 5. Terms 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. 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. Attomey'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 Lepresentative 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. 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. Davidson L32B7 GOCEA 3 RE# 00573710.003200 FILE # 1 3 5 5 9 9 5 BR# 1 8 6 6 PG# 1 6 5 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ! r pR.- \' (SEAL) .� ( :" BOARD OF COUNTY COMMISSIONERS �' j> ATTEST. `DA iAGE, CLERK OF MONROE COUNTY, FLORIDA (Grantee) 0 Deputy Clerk I APPROVED AS TO FORM Mayor/Chairman I AND WAL SUFMQ0*CX/7 BY Vu ece [t fa / �e OPi, - P ' ted name of witness "w�. nA,b , 4 Si tune of witness VA ne n C. IPmP-A;t j Printed name of witness Grantor'Ra M D j Printed name bf Grantor antor Iau`a M DzAvA,-ybn Printed name of Grantor STATE OF FLORIDA COUNTY OF M"Nk" E M ► �� E BEFORE ME, the undersigned authority, personally appeared lbayl l bfW IDt0y1 a RR-16 bV tD50n and who are personally known to me, and respectively as-idefffifieoien. Sworn to and subscribed before me this S4'l day of , 20 © y -00-& W L9. I Typed Notary Name and Number Notary Signature and Seal :? Nancy E Freinberg MY COMMISSION # CC832072 EXPIRES ;a• July 13, 2003 BONDED THRU TROY FAIN INSURANCE WC Davidson L32B7 GOCEA 4 RE# 00573710.003200 FILE # 1 3 5 5 9 9 5 BK#1866 PG#166 (If Applicable) t 4R«► �T�� A^ rV , whose address is (Name of Mortgagee) ZzU At-hnmA Citer.L� ,City of �Du���lr�LE3 ' Countyof M'er,A , State of F L:" 1 OA having a record interest in the lands described in the Conservation Easement Agreement between Lt ,4-A,`y ,Dso.✓ (1 qtu c13- .s o r✓ Grantor, and Monroe County, Florida, Grantee, hereby joins in, consents, /- o j, 3 a- D Le e% '! ,Lfshtl3oL Cast c s� .sEcTi i.✓ .3 ¢• PT. 7'�/'rcr st, OLc.�-� �cr' � r �� �3 -7 D�. 5 3 and ratifies that Conservation Easement at Ifs' UOS ?3 1 /G - Od 3.2 G a on the date indicated below. Wi Witness STATE OF FLORIDA COUNTY OF MONROE (Place of Execution) Mortgagee r� SWORN TO AND SUBSCRIBED before me this 1 day of D e- C- 20 by 1 p S a 3 s �. , & ,, , who is personally known to me or has produced l l o ,--v '^ as identification. Typed Notary Name and Number al 0 s ,fG Davidson 1,32137 GOCEA RE# 00573710.003200 Notary Signature and Seal r MY CCHERYL OMMISSION a # CC 905M sondes EXPIRES: Mamh 1, 2004 NI �h N Noary POW Und*Wr