07/22/1999 Agreement a couAirk
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY '
MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145
FAX(305)289-1745 TEL. (305)292-3550 FAX(305)852-7146
FAX(305)295-3660
MEMORANDUM
TO: Tim McGarry, Director
Growth Management Division .
FROM: Isabel C. DeSantis, Deputy Clerk.C,.O
DATE: August 9, 1999
At the Board of County Commissioner's meeting held on July 22,
1999, the Board granted approval of a Grant of Conservation
Easement Agreement between Monroe County and Rand and Kim Newman
for Lot 3, Block 4, Pamela Villa, Key Largo. The real estate #
004642700-000000.
Enclosed is a fully executed copy of the subject document, duly
recorded in the Official Records of Monroe County. The original
of the easement was mailed to the Newmans in the SASE which was
provided.
Should you have any y questions, please do not hesitate to contact
this office.
cc: County Attorney
County Administrator, w/o doc.
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GRANT OF CONSERVATION EASEMENT AGREEMENT
:
THIS AGREEMENT is made this 21 day of July , 19 99 by and between
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a Rand&Kim Newman ' ,
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owhose address is •464 Lime Drive, Key Largo, Florida 33037
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o H County of Monroe , State of Florida ,(Grantor)and Monroe County,a political subdivision of
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o the State of Florida,whose address is 5100 College Road,Stock Island,Key West,Fl 33040(Grantee).
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The parties recite and declare:
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The Grantor is the owner of certain real property commonly known as
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00 464 Lime Drive,Key Largo, Florida 33037 (the servient estate),
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(� more particularly described as follows: (Legal description), Lot 3, Block 4,Pamela Villa,
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Key Largo, Florida. The real estate number is 004642700-000000.
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r The Grantor desires to develop the servient estate as(describe project):
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An addition to a single family residence. The permit is#97-3-2947.
The servient estate contains(describe relevant natural features):
High elevation, low quality,tropical hardwood hammock.
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w The Grantee is a general purpose political subdivision of the Stateauthorized and required to
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im • regulate and control the use of real property through land development regulations in order to protect the •
Ida public health,safety and welfare. Sec.9.5-336 of the Grantee's land development regulations requires that
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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 an addition to a single family residence.
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BILE # 1140394
BK# 1592 PG# 1812
The parties agree as follows:
1. Grant of easement.
In consideration for a development permit for an addition to a single family residence
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 statue and with the applicable laws of the State of Florida.
3. Location of the easement.(metes and bounds description of the open sp ce area)
a. The conservation easement is located as follows
See exhibit"A"
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.
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.
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! FILE #1140394
BK#1 5 9 2 PG#1 8 1 3
f. No planting of invasive exotic species.
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. Attorney's fees.
In the event of any controversy,claim or dispute arising under this instrument,tre 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.
10.• Notice:! ,; Ki
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.
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,� ', ' FILE #114® 3..94
BK#1 5 9 2 PG#1 8 1 4
IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first
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4 • BOARD OF COUNTY COMMISSIONERS
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''.• ''r :T=L7 • L.KOLHAGE,CLERK
OF MONROE COUNTY,FLORIDA(Grantee)
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Deputy Clerk Mayor/Chairman
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Grantor
Printed name of witness Iv115E�z.17 A New�1Gh
Printed name of Grantor
j Si peeof witness • Grantor----- - \-2---C-3`.-Z 0 ���
P ame of witness Printed name of Grantor
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APPROVE VIIIAND LEG CY
j BY ,
STATE OF FLORIDA
COUNTY OF MONROE y+orney's Office
BEFORE ME,the undersigned authority,personally appeared Kw /- • k)-6&)- 4 ko
L/ and ,who are personally known to me,or 1. produced
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and • _,respectively
as identification.
q Sworn to and subscribed before me this . b day of ..I a-nr� 19 9 / •
Typed Notary Name and Number y Signature and Seal'
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rp� ELIOT E.CORTES j*we.,
MYCOMMISSION#CC735403
ir-eOF F`�� EXPIRES:04/20/2002
1100-3-NOTARY Fla Notary Services do Bonding Co.
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FILE #1 I. 40a94
BK#1 5 9,2 PG*I. 8 15
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