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Item B05BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: _ Aug 17, 2000 Division: Growth Management Bulk Item: Yes X No Department: N/A AGENDA ITEM WORDING: Approval of Grant of Conservation Easement for Lot 18, Block 7, Harbor Course Section 3, Ocean Reef Plat 18, Plat Book 7, Page 53 Monroe County between Pinnacle Investment Properties, Inc. and Monroe County. The Real Estate Number is #00573710-001800. ITEM BACKGROUND: Per Section 9.5-336 of the Monroe County LDRs, the low elevation, moderate quality tropical hardwood hammock on this site (see attached diagram) shall be preserved and the deed restriction will run with the land so that all future development shall also be restricted. No clearing shall ever be permitted of the undisturbed vegetation and replanted areas as shown on exhibit A (see attached diagram). PREVIOUS RELEVANT BOARD ACTION: None STAFF RECOMMENDATION: Approval of the Conservation Easement. TOTAL COST: $28.50 BUDGETED: Yes No COST TO COUNTY: None (fee paid by PIP, Inc.) AMOUNT PER MONTH None PER YEAR None APPROVED BY: County Attorney Y OMB/Purchasing Risk Management DEPARTMENT DIRECTOR APPROVAL: K. Marl , onaway, Zer Planni g & Environmental Resources DIVISION DIRECTOR APPROVAL:Timothy .McGa r of Growth Management .Ir DOCUMENTATION: Included X To follow Not required DISPOSITION: Agenda Item #: A W 05- GRANT OF CONSERVATION EASEMENT AGREEMENT THIS AGREEMENT is made this day of - XV02 0 0 0 by and between Pinnacle Investment Properties, Inc. whoseaddressis 24 Dockside Lane P.M.B. 1485 Key Largo, FL 33037 County of Monroe State of Florida (Grantor) and Monroe County, apolitical subdivision of the State of Florida, whose address is 5100 College Road, Stock Island, Key West, FI 33040 (Grantee). The parties recite and declare: The Grantor is the owner of certain real property commonly known as 39 Thatch Palm Way, Ocean Reef Club, Key Largo (theservientdstate), more particularly described as follows: (Legal description) Lot 18, Block 7, Harbor Course Section 3, Ocean Reef Plat 18, RE4P00573710-001800, Monroe County Plat Book 7 Page 53 The Grantor desires to develop the servient estate as (describe project): Single Family Residence Permit 9R-3-1917 The servient estate contains (describe relevant natural features): Low elevation, moderate quality 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 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 1 The parties agree as follows: 1. Grant of easement. Inconsideration for a development permit for 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 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 See exhibit "All 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 is 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 All requirements of MonroeCoiinty dode9.5-345 (g) apply 2 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. 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 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By. Deputy Clerk Si tore of witne Printed name of witness STATE OF FLORIDA COUNTY OF MONROE and BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (Grantee) By Mayor/Chairman Grantor s.Ji William A. Sport, President Prmte name �o G ies, Inc. N%rantor Grantor Printed name of Grantor BEFORE ME, the undersigned authority, personally ap earedWi l l i am A. Sport ,who are sonally known to me or have produced and as identification. Sworn to and subscribed before me this Andrea D. Gentile Typed Notary Name and Number APPROVED AS TO FORM LF ,5,PAJ, StiFFIC Cy BY . n; , orn3y's Office respectively 1 2th day ofJtine 2000 Notary Signature and Seal 4 COMMISSION # CC 680153 c EXPIRES SEP 14, 2001 OFP-' BONDED THRU ATLANTIC BONDING CO., INC uoi a�/LUC1G ab: Ju ybb-ybl-yy/b rinnlal,.t_t 1NVt51Mt,nlS P96E 82 0,� ?/� I T R A C T C a 9 7 i c i i L 6g Eossm ant a 269.12' TO Centedine of South Harbor Drive Curve number I --------------- Curve number 2 lJLF PARTNERS.LID., Radius— 50.00 Dena— 5X07'OX -------•--_---___ RodAvs— 25.00 d Commonwealth Arc— 46.J5 Delta—. .53'07'4e Tangent= 24.99 Arc- 2J.78 Chopa - 44.71 Tangent- 12.50 Chord 8rg. S.6449.45"E. ChordI- . 221 ChordErg. N.64-50.08'W. a^ O.R. Goff Padtnvs, LTD 39 ThatCh Palm Wqy, Ocean Resl, Key Laryo,Ei G BOUNDARY SURVEY W.:• H• own . �:i 97-136 OION1t Pi.AMiE1t .:. of. I Flood pone) No. Own. : F.H.H. life 3M. Norawd ' on ate: 3 3 97 Flood one soe Iw. t,. SO" 101 Key West, Ft, 33040'- WAS10Ns. ANO m Amr1toNs 305) 293-0466 Fex. (305) 293-0237 02, M PHOTOCOPIES FLORIDA DEPARTMENT OF REVENUE R 06/9 THIS FORM NOTT 4 1111 ACCEPTABLE RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY PI,F.ASF READ 1N1.RTRTJCTTnNC nN TUTi' R A I-V "V grure L-d1.D1 r nr, T.,..r �....... . r_.. IF TYPING THIS DOCUMENT, CARRIAGE RETURN AND TYPE THROUGH THE HANDPRINT BOXES. THIS IS A MACHINE READABLE FORM. IF HAND PRINTING THIS DOCUMENT, PLEASE PRINT NUMBERS CAREFULLY A B C D E F G H I J K L M N .0 P Q R EITIUJAWMAZIO I 2113141516111819L. WITHIN THE BOXES AS SHOWN AT RIGHT. ► FPARCEL 1. IDENTIFICATION NUMBER E• IS THIS A PAt TRANSACTION?S YES ❑/ 0 IS THIS TRANSACTION A SPLIT UT FROM ANOTHOER ❑/ ®NO NO PAROCEL? YES Las Name LasFirst Name M.I. GRANTOR S P R T W I IL II Ej M PHONE (3 5 6 7 a 1 1 1 0 1 CORPORATE p I N N L E I N r S T NO. \ NAME Last ame irs a GRANTEE C O U N T O N E]:] STREET ADDRESS 5 0 0 H I T H E S R E 4. ZIP CITY/STATE K E W I SIT I I I I r I F L CODE 3 3 4 0 PHONE CORPORATE NO. 3 5 8 9 2 0 0 NAME M N R M T Y DATE OF SALE/TRANSFER SALE/TRANSFER PRICE 5. / PROPERTY LOCATED IN: 0 0 � COUNTY, FLORIDA Month Da Year (COUNTY CODES ON REVERSE) 6. TYPE OF DOCUMENT Warranty Deed ❑ Quit Claim ❑ Contract/Agreement ❑ Deed for Deed Other TO THE BEST OF YOUR KNOWLEDGE, WERE THERE UNUSUAL CIRCUMSTANCES OR CONDITIONS TO THE SALE, MARK (X) BY THOSE THAT APPLY: Title Defects Sale/Transfer 7. under Duress Related to Seller Sale!bans/er by Court Order Mineral Rights Foreclosure Sale/Transfer of aH Other Partial or Undivided Interest / No Explanation) l Needed Residential ;, Property Type: Mark those 11 Commercial ❑ Industrial ❑ Agricultural ❑ Institutional / Miscellaneous 0 Government Vacant Acreage that apply ❑ ❑ ❑ TO THE BEST OF YOUR KNOWLEDGE, I. WAS UNUSUAL PERSONAL --0 YES ❑ IF "YES", PLEASE STATE THE PROPERTY INCLUDED IN THE SALE? / ©NO Do -AMOUNT ATTRIBUTABLE TO —O,$ THE PERSONAL PROPERTY I ITTI 3. AMOUNT OF DOCUMENTARY STAMPS TO BE AFFIXED TO DOCUMENT? $[ I ITrI I IF ITEM NUMBER 10 is "ZERO", IS DEED EXEMPT FROM DOCUMENTARY STAMP TAX UNDER s201.02(6), FLORIDA STATUTES? X / n 12. WAS MPROVEDPERTY WITH BUILDING(S) AT ID / ONO YES NO TIME OF SALE? YES I HEREBY CERTIFY THAT THIS Signature of Grantor, Grantee's A TO THE BEST OF MY KNOWLEDGE AND RELIEF IS A TRUE AND WARNING: FAILURE TO FILE THIS RETURN SHALL RESULT IN PENALTY A OF $25.00 IN ADDITION TO ANY OTHER PENALTY IMPOSED BY THE REVENUE WS OF FI nRr an TO BE COMPLETED BY THE CLERK OF THE CIRCUIT COURT'S OFFICE CLERK'S DATE STAMP O.R. BOOK ► AND -4 FILE NUMBER AND ED PAGE NUMBER ► DATE BOOK & PAGE NO., OR FILE NO. RECORDED Month Day Year