06/09/1999 Agreement F _
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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: Timothy J. McGarry
Director of Growth Management
Attention: Isabel T.Reid,Senior Staff Assistant
FROM: Ruth Ann Jantzen
Deputy Clerk
DATE: July 15, 1999
At the June 9, 1999 Board of County Commissioners Meeting, tie Board granted
approval and authorized execution of a Grantof ConservationrEasem4,nt for Lot 18,
Block 2,Harbor Course, Section 1, Ocean Reef,Plat 13, Plat Book 7, Page 3, Monroe
County,between EdwardlVisSrhultze and Monroe County. The Real Estate No. is
00573720-005200.
Enclosed please fmd a fully executed copy of the Easement, duly recorded in the
Official Records of Monroe County. Said original was returned to the firm of Hoefert &
Sons, Inc.,General Contracting, in the self-addressed stamped envelope which was
provided.
If you have any questions regarding the above,please do not hesitate to contact
this office.
cc: County Attorney
Property Appraiser
County Administrator, w/o document
File
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GRANT OF CONSERVATION EASEMENT AGREEMENTn o
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THIS AGREEMENT is made this _r7?. day of—O 1//%and between r o
Mr.Edward W. Schultze g
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whose address is 100 Anchor Drive,Ocean Reef,Key Largo,Florida 33037 cn
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, Fl 33040
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(Grantee). F'
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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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18 Caloosa Ct., Ocean Reef,Key Largo,Florida, 33037 (the servient estate), # 61
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more particularly described as follows: (Legal description) N Ui
Lot 18, Block 2,Harbor Course, Section#1 Ocean Reef,Plat 13,Plat Book 7, Page 3.
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The real estate number is 00572797-002300.
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The Grantor desires to develop the servient estate as(describe project):
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Single Family Residence t�
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The servient estate contains(describe relevant natural features): o
Low elevation,moderate quality tropical hardwood hammock.
The Grantee is a general purpose political subdivision of the State authorized and n
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required to regulate and control the use of real property through land development regulations in
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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 servient estate is to be developed as a
Single Family Residence .
The parties agree as follows:
1. Grant of easement.
In consideration for a development permit for a Single Family Residence.
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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&bounds description of the open space 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.
f. No planting of invasive exotics.
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10. Notice. BK# 1 5 8 3 PG#2 2 2 0
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 WI S-WHE N. F, the parties hereto have set their hands and seals the day and year first
above writ eri'
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(SEAL) `;_ r �E. ' " BOARD OF COUNTY COMMISSIONERS
ATTEST: DA i til E LERK OF MONROE COUNTY, FLORIDA (Grantee)
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By By
D uty rk Mayor/Chairman
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'T' ature of witne s Gr ntor
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Printed name of witness Printed name of Grantor
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Si• t re of wit ess •
/tan L, Hoe -/-4- APPROVE►f L,. .; .
Printed name of witness AND LEG NCY
BY 4
`ttorney's Office
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personally appeared dux�rd �.(�- chin-tm
who i personally know me, or has produced as identification.
Sworn to and subscribed before me this /747. day of ti , 19 , •
Karen L. Hoefert, CC732615 �M
Typed Notary Name and Number Notary Si atur nd Seal
s•"X"'i. Karen L Hoefert
12/97 *My Commission CC732815
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.: Expires May 22,2002
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6/99/gocea/Schultze
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