07/19/2001
Grant of
MONROE COUNTY
OFFICIAL RECORDS
FILE #1 251 368
BK#1717 PG#2042
Conservation
RCD Aug 14 2001 09159AM
DANNY L KOLHAGE, CLERK
Easement
TInS AGREEMENT ;g made this J!L! of .J U ~ 'I
. 20 & I by and between
Bruce and Isabelle Miller
whose address is 24 Dockside Lane, Ocean Reef Club, Key Largo Florida 33037
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 Island, Key West, Fl33040
(Grantee).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
14 South Bridge Lane, Ocean Reef Club, Key Largo Florida 33037
(the servient estate) more particularly described as follows: (Legal description)
Lot 14 Block 3 Harbor Course South Section 4, RE# 00573670-001400
The Grantor desires to develop the servient estate as (describe project):
A single family home as shown in oerrnit 98-3-3017
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
FILE #1 2 5 1 368
BK# 1 7 1 7 PG# 2 043
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 ofthe easement and governine: 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 bv 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'sbiologist).
b. No acts that are detrimental to wildlife or wildlife habitat preservation.
c, No excavation, dredging, or removal ofloam, peat gravel, soil, rock, or other material
substances is such manner as to affect the surface.
2
~rLE #1 251 368
BK#1717 PG#2044
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 plantin2 of non-native plants.
5. Tenns 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. 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 detennine 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.
3
FILE .1 2 5 1 368
BK# 1 7 1 7 PG.2 045
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year fIrst
above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
By -h-<r ~ ~
Mayor/Chairman
e Su..a (
ame of witness
Grantor
7};wC!'~ ~ $/LL-0-
Printed name of Grantor
~O()(l ~ [1uf)tJPA
Grantor -
'TSAB&.w.G. f: M\'~
Printed name of Grantor
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personally appeared hf U r.t. R, m I \ \ e r
and ~~\::::: f. m'. \\('r ,who are,personallv known tome, or have produced
IOJE-rA Pxcd-r'i9J.f')
as identifIcation.
Sworn to and subscribed before me this
and S\.tLQ n (l e 5UO re L
, respectively
P,E'tx?cCG r; to" CC4tLt.~ 15l ~
Typed Notary Name and Number
;)2:> day of Fe6(l..l(\(j l 200 ,
. C ri1rf\_^ ~.l
NO~gnature and Seal
,.;;9-~:'fiJ;;:;r, REBECCA FITCH
f.rJ;;.\.~ MY COMMISSION' CC 637513
l;;'~':"':: EXPIRES: August 9, 2001
"~.'ir:j~~~" Bonded Thru NolaIy PublIc llnderwr118rs I
4
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EXHIBIT -A-
LOT 14. BLOa<. 3 OF - HARBOR COURSE SOUTH
SECTION FOUR OCEAN REEF PlAT NO. 13-
RECORDED IN PlAT BOOK 7 AT PAGE 8 OF
PUBUC RECORDS OF MONROE COUNTY. FLORIDA
CONSERVATION EASEMENT AREA. ~
F I L E # 1. 2 5 1.P;i ~ ~ 4 6
BK#1717
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MONROE COUNTY
OFFICIAL RECORDS
MAR 2 I '1211 15: 27
FROM W E,P.A. BROWARD
PAGE.12I12I1
MONROE: COUNTY
OFFICIAL RE:CORDS
~ILE #1 2 5 1 369
BK#1717 PG#2047
RCD ~ug 14 2001 10:00~M
DANNY L KOLHAGE, CLERK
CONSI:NT OF MORTGAGEE
This Consent ot Mortgagee (the ~Gonsenn is being ~JU,cuted this.2 / dllY 01 March, 2001
by GIOnALTAR BANK, FSB (the "Mortgagee").
WHEREAS Morta",oee is the owner and holder of that certaIn Mortgage yivtlll lJy BRUCE R.
MILLfR olld ISAOCLLt F. MILLER, hUGband and wife (the ~Mo"gagor") in favor of Mnrtg"gee dated
DecembpJ 9, 1999 and recorded In Official Records Book HS09, at PiJY~ 1397 of the Public; nccords
of Monroo County, Florida (tho "Mortg8ge.), encumbering thp. following described property (the
"Propeny~);
lOl 14, Blue,", 3, HARDon COURSE SECTION FOUR, OCEAN REEF PLAT NO. 13. according
to the plat thereot. as recorded In Plat Book 7, at Page 8, ur Ult7 Public Records of Monroe
CQunty, Florioo
WHEREAS Borrower de$ir~ Tn AXp.cute end deliver to Monroe County a Grant of Conservation
Easement (the ~ Ei:lst1IlI"/Il"); and
WIIEflEAS Borrower hae ruqueeted Mortgagee to consent to such F"'~P.mp.nt; /tnd
WHEREAS Mortgagee has agreed to $1.11':1'1 r.nn!>p.nt.
NOW THEREFORE. in conSideration hereof, and Other good and valUBbl~ uunsillt:rl:lliulI$, the
Mortgagee dOll~ hereby oonsont to the Easement.
IN WITNESS WHEREOF, the Mort(Jaoee hAS ClRlI~Rd these presents to be duly Signed and
delivered as of the lli:lll:! I:lllU yCtlr first above written.
WITNESSES AS TO
MORTG~EE:
~~(~
~ pn~~ ~;~i;t" ;~-'
P1ea~ . 't!JrrlI':Jn
el~~
By: 'A.J
As Its: _c; v p ..,
If(ls~ 0"6S""" Ar/
STATE OF FLOIlIOA }
COLlNTY OF MONROE}
I HEREBY CERTIFY that, UlI litis LlttV, before me, an offiGIU duly lIuthorized in the State and
Countv aforesaid 'to adminis,pJ nMh!l and take acknowledQmunts. personally appeared
~~ ~SS'f'Y\o...Y"\ as aSe.n"<JY" '\IiQe..~<<? of GIBRALTAR BANK,
FSlf.'" who, l'lrrPJ h"ing nulV sworn, aclcr10wledged belore me tne execution of 1M foregoing Instrument
for the purposes therein o~prcGGcd, Ilnd who is per$onally know to me, or who has produced _
~\'-'J -to mE' ~ .. as IdentIfication.
WITNESS my hand .mt.l urci";l:ll titnll ill lhe: County and Stato ID6t aforC$oid this ..aJ day of
March, 2001.
JAMIE N. A1.BURY
MY COMMISSION I CC 907610
EXPIRES: February 3, 2004
IIen<IM thN Notary ~lIlllla Und'IW"""
MONROE: COUNTY
OFFICIA.L RECORDS
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