06/09/1999 Agreement (LT52,BLK8) J�1 JN'CUfQ•• OG l�
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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 WHTI'EHEAD 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, the Board granted
approval and authorized execution of a Grant=of-Conservatio`n Easement for Lot 52,
Block 8,Harbor Course, Section 4, Ocean Reef,Plat 19, Plat Book 7, Page 54,Monroe
County,between 1VIVP� -eK`ys;Inc.,and Monroe County. The Real Estate No. is 00573720-
005200.
Enclosed please find a fully executed copy of the Easement, duly recorded in the
Official Records of Monroe County. Said original was returned to MVP,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
} MONROE COUNTY
OFFICIAL RECORDS
GRANT OF CONSERVATION EASEMENT AGREEMENT
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THIS AGREEMENT is made this 7 day o LOPLf„ 19 99 by and between
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MVP Keys, Inc. CO
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whose address is 2070 NW 79 Avenue, Miami CO
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County of Dade , State of Florida , (Grantor) and Monroe County, a political 6}
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subdivision of the State of Florida, whose address is 5100 College Road, Stock Island, N
Key West, Fl 33040(Grantee).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
9 Cinnamon Bark Lane (the servient estate), more z
particularly described as follows: (Legal description), Lot 52, Block 8, Harbor Course,
Section 4. Ocean Reef, Plat 19.Monroe County Plat Book 7,Page 54, o
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Real Estate# 00573720-005200.
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The Grantor desires to develop the servient estate as (describe project): n B
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Single family residence (permit#97-3-1956)
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The servient estate contains (describe relevant natural features):
Low elevation,moderate quality 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 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.
MVP/GOCEA/6/99
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FILE # 1 1 3 1 6 6 9
The parties agree as follows: BK# 1 S 8 3 PG#2 2 0 2
1. Grant of easement.
In consideration for a development permit for 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 space
area)
4. 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.
MVP/GOCEA/6/99 2
FILE # 1_ 1 3 1 6 6 9
BK# 15a3 PG4#22 ® 3
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
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, the prevailing party is entitled to recover reasonable
attorney's fees and costs.
3
MVP/GOCEA/ 6/99
► FILE # 1 1 3 1 6 6 9
BK# 1583 PG#2204
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.
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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MVP/GOCEA/6/99
FILE # 1 3_ 3 3_ 6 6 9
BK# 1 5 3 PG#2 2 (2) 5
IN ••- S.-7VilatOF,the parties hereto have set their hands and seals the day and year first
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above written : ,..5t,'.-",/,--,,
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(SEAL) - A)41, fi,,,,-,- - BOARD OF COUNTY COMMISSIONERS
A Ith,ST: DA * ..- . eivRAGE,CLERK OF MONROE COUNTY,FLORIDA(Grantee)
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By ZIZE-Q 9rAN%3LAM)...0411/4„ X.),..N...1-9....a".......4.".., .
Deputy lerk Mayor/Chairman
1,1,a l e o wi.“- Grantor
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prin7 ,;.f. 0 ir :I Printed name of Grantor
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':••ture of• tness Grantor
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. •i'ed name •f witness Printed name of Grantor
STATE OF FLORIDA
COUNTY OF MONROE
6 BEFORE ME,the undersigned authority,personally appeared -P—#. Cfc.) /9724/%9
and ,who are personally known to me,or have produced
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and ,respectively
as identification.
....„
Sworn to and subscribed before me this 2..-2--, ---day of .e-1 ,19 99 .
40-1.1-0 ARTURO MARRERO ‘• '''
My Cumin Bo.7i21/2001
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....'4 S:,_::,0 *VA-al 14.41 a 6.011 kilo! Notary Signature and Seal
APPRO 1' Stir
AND LEG:. ilt, 1 NCY
, BY _ ANIL, •
• A etorney's Office
MVP/GOCEA 6/99
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