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Item C3 LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: May 18, 2000 Bulk Item: Yes No X Department: Land Authority Agenda Item Wording: Approval of contracts to purchase and sell property in Doctors Arm subdivision. Item Background: This purchase is proposed to protect property rights and reduce development impacts on Big Pine Key. Doctors Arm subdivision on Big Pine Key is zoned Improved Subdivision (IS) and located in the National Key Deer Refuge. The vegetation on the subject property is disturbed and has been mowed. Under the proposed contracts, the Land Authority will purchase the subject lot from the current owner for $63,750, sell the lot to the adjoining homeowner for $35,750, and retain a conservation easement. The conservation easement will prohibit all structures, require that the property be maintained free of invasive exotic plants, and will not prohibit mowing. The Land Authority's net purchase price for the conservation easement will be $28,000. The Land Authority's standard contracts for purchase and sale will be used. The property's current assessed value is $30,202. The agenda packet spreadsheet lists the legal description, purchase price, and closing costs for this transaction. Advisory Committee Action: On 3/22/00 the Advisory Committee voted 4/0 to approve the proposed purchase and sale. Previous Governing Board Action: The Governing Board has approved many purchases on Big Pine Key to address property rights issues. Staff Recommendation: Approval. Total Cost: $ 29,102.25 Budgeted: Yes X No Cost to Land Authority: $ 29,102.25 Approved By: Attorney ~ OM B/Purchasing Risk Management Executive Director Approval: ~\' ~~ 7:SCh Documentation: Included: X To Follow: Not Required: Disposition: Agenda Item LA #3 CONTRACTS TO PURCHASE AND SELL PROPERTY 05/1 8/00 PURCHASE Purchase Envir Audit and/or Title Attorney Recording Acquisition Property Price Trash Removal Insurance Fee Fee Total Doctors Arm, 1st Addition Block 7, Lot 30 $63,750,00 $0.00 $502.50 $318,75 $6,00 $64,577,25 (Matthews) SALE Purchase Envir Audit and/or Title Attorney Recording Net Property Price Trash Removal Insurance Fee Fee Proceeds Doctors Arm, 1st Addition Block 7, Lot 30 $35,750.00 $0,00 $0,00 $250.00 $25.00 $35,475,00 (Mihalek) NET COST $29,102.25 C:\DA T A\LA\AgendaSheet.XLS GRANT OF CONSERVATION EASEMENT THIS GRANT OF EASEMENT is made on this day of , 2000, by Ronald John Mihalek and Karen Jean Mihalek of 5168 Townsend Road, Richfield, OH 44286, Grantor, to Monroe County Comprehensive Plan Land Authority, a land authority under Section 380.0663 (1), Florida Statutes and Monroe County Ordinance No. 031-1986, whose address is 1200 Truman Avenue, Suite 207, Key West, Florida 33040, as Grantee. Recitals A) The Grantor is the owner of certain real property (the servient estate) located in Monroe County, Florida, more particularly described as Block 7, Lot 30, Doctors Arm Subdivision First Addition, according to the plat thereof as recorded in Plat Book 4, Page 149 of the Public Records of Monroe County, Florida. B) This easement is a conservation easement created pursuant to Section 704.06, Florida Statutes, and is to be governed by, construed, and enforced in accordance with that statute along with applicable laws of the State of Florida. 1. Grant of easement. In consideration for the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt of which is hereby acknowledged, the Grantor hereby grants to Grantee the easement described below. 2. Easement area. The location of the easement area on the servient estate is as follows: all of Block 7, Lot 30, Doctors Arm Subdivision First Addition, according to the plat thereof as recorded in Plat Book 4, Page 149 of the Public Records of Monroe County, Florida. 3. 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 construction or placing of buildings, fences, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground. b) 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. c) No excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface. d) No suffering, permitting, or allowing invasive exotic plant species such as Australian pine (spp. Casuarina) or Brazilian pepper (Schinus terebinthifolius) to exist. e) No transfer of development rights to or from the easement area. 4. Rights reserved by Grantor. Grantor specifically reserves the rights to routinely mow and trim the vegetation within the easement area in accordance with all applicable federal, state, and local regulations. 1 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. Modification of easement. No modification of this easement is binding unless evidenced in writing and signed by an authorized representative of the Grantee. 7. Attorney's fees. In the event of any controversy, claim or dispute arising under this instrument, the prevailing party shall be entitled to recover reasonable attorney's fees and costs, including appeals. 8. Entry of Grantee's representative on the servient estate. The Grantee may enter upon the servient estate, after first furnishing the Grantor no less than 24 hours notice, for the purpose of inspection to determine the Grantor's compliance with this Grant of Easement. 9. Notice. Any notice provided for or concerning this grant of easement 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 Grant of Easement. 'IN WITNESS WHEREOF, each party to this Grant of Easement has caused it to be executed on the date in the first sentence of this Grant of Easement. 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