Item B06Meeting Date: Aug 17, 2000
Bulk Item: Yes X No
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Division: Growth Management
Department: N/A
AGENDA ITEM WORDING: Approval for a Grant of Conservation Easement for Lot 8, Block 54, Harbor Course
Section # 4, Ocean Reef Plat 19, Plat Book 7, Page 54 Monroe County between Susan Rizika and Monroe County.
The Real Estate Number is #00573720-005400.
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 Susan Rizika)
AMOUNT PER MONTH none PER YEAR none
APPROVED BY: County Attorney Y OMB/Purchasing Risk Management
DEPARTMENT DIRECTOR APPROVAL:
K. gene Cona ay Director of Pl nning and Environmental Resources
DIVISION DIRECTOR APPROVAL:
Timothy J. McGT�iIC�j'15irector of Growth Management
DOCUMENTATION: Included X To follow �/ Not required
DISPOSITION: Agenda Item #: o
GRANT OF CONSERVATION EASEMENT AGREEMENT
THIS AGREEMENT is made this day of by and between
whose address is 31 Ramrson Road, Sing Harhnr, NY 1 19F3
County of
State of NY , (Grantor) and Monroe County, a political
subdivision of the State of Florida, whose address is 5100 College Road, Stock Island, Key West, F133040
(Grantee).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
R Cinnamon Bark Lane. KCyargo (the servient estate),
more particularly described as follows: (Legal description)
Lot 8. Block 54, Harbor Course
Section #4, Ocean Reef Plat 19, Monroe County, Plat Book 7, Page 54. RE
#09543:720 go ()9
The Grantor desires to develop the servient estate as (describe project):
Single Family Residence Permit #99-3-141
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 regulation 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
r -,
The parties agree as follows:
1. Grant of easement.
In consideration 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 Ddubit "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 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 Monroe County Code 9.5-345(g) apply
K
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 mortgagees) 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.
9. Entry of Grantee's representative on the servient estate
The Grantee's representative on the servient estate, after first fiunishing 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.
3
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
STATE OF FLORIDA
COUNTY OF MONROE
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
By
Mayor/Chairman
Grantor
S jsan Rizika
Printed name of Grantor
Grantor
Printed name of Grantor
BEFORE ME, the undersigned authority, personally appeared 5R*n Rlztka
and ,who are personally known to me, or4%ve-p;Wuced
as identification.
Sworn to and subscribed before me this � day
Typed Notary Name and Number
App AS TO FORM
AND GAL SUFFI NCY
BY
Attorney's Office
HMO t t U"" AlIftmad I 1
409993(�0 •oN y,q
W4/IZIL 'd>� wwoo An0N.M.
0
respectively
pF F ARTURO MARMW "" 4
My Commm, ExW 71212MI
Bonded
No. CC665557
`;tlperwnally Known Il00mtQ
w.
v
PHOTOCOPIES FLORIDA DEPARTMENT OF REVENUE R06/4
THIS FORM NOTT 1111
ACCEPTABLE RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY
PLFASF, RF.AT) TNSTRTICTT()NS ON TAF. RACK nF Turc TinDN4 uyiynDv !`nx4wr CT7AT!`
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
JAI
BICIDIEIFIGIHI
I
1JI
K
L
M
N
O
P
Q
R
WITHIN THE BOXES AS SHOWN AT RIGHT. ►
PARCEL
1.
NUMBER
IDENTIFICATIONMI A3IjIAd(jcI5jqI0I0I I I I I I I I I I LU
2'
IS THIS A MULTI -PARCEL
TRANSACTION?
/
IS THIS TRANSACTION A
SPLIT OR CUTOUT FROM
❑/
—1 YES
NO
ANOTHER PARCEL? --0 YES NO
Last Name First Name M.I.
GRANTOR
Z
3.
PHONE
/
CORPORATE
NO.
/
b
NAME
Last am e
irs am
GRANTEE
STREET
ADDRESS
5 0
W
H
T
E
4.
CITY/STATE ZIP
K E Y W E S T L 71CODE
PHONE CORPORATE
NO. 3 5 2 9 2 0 NAME M N R O L C L U N T
DATE OF SALE/TRANSFER SALE/TRANSFER PRICE
5'
COUNTY, FLORIDA
=/$I 0 PROPERTY LOCATED IN: COUNTY,
Month Da Year (COUNTY CODES ON REVERSE)
6.
TYPE OF DOCUMENT Warranty
Deed
Quit Claim Contract/Agreement
Deed ❑ for Deed ❑ Other ElTO
THE BEST OF YOUR KNOWLEDGE, WERE THERE UNUSUAL CIRCUMSTANCES OR CONDITIONS TO THE SALE, MARK (X) BY THOSE THAT APPLY:
7,
Title Defects Sale/Transfer Related to Seller Sale/Transfer
under Duress
by Court Order
H
Mineral Rights Foreclosure SaleIrransfer of a Other
Partial or Undivided Interest No Explanation)
l Needed
Residential
Commercial
Industrial
Agricultural
Institutional /
Miscellaneous
Government
Vacant
Acreage
8.
Property Type:
Mark those
that apply 13
❑
❑
❑
❑
❑
❑
111TO
THE BEST OF YOUR KNOWLEDGE,
IF"YES", PLEASE STATE THE
9.
WAS UNUSUAL PERSONAL —► YES
11/13
NO
► AMOUNT ATTRIBUTABLE TO —►$
PROPERTY INCLUDED IN THE SALE?
THE PERSONAL PROPERTY
O.
AMOUNT OF DOCUMENTARY STAMPS TO BE AFFIXED TO DOCUMENT? 0
1
IF ITEM NUMBER is "ZERO", IS DEED EXEMPT FROM DOCUMENTARY
STAMP TAX URIEfEV s201.02(6), FLORIDA ST UTES? ❑ / ❑
X
12,
WAS PROPERTY
IMPROVED
WITH BUILDING(S) AT
❑/ ❑
YES NO
TIME OF SALE? YES NO
� IFY�� I ETU HA A Y ME AND TO THE BEST OF MY KNOWLEDGE AND RELIEF IS A TRUE AND COMPLETE RETURN.
gnat re of Grantor, Gr``antee's Agent Datg
WARNING: FAILURE TO FILE THIS RETURN SHALF RESU T IN PENALTY A OF $25.00 IN ADDITION TO ANY OTHER PENALTY IMPOSED BY THE REVENUt LAWS bF FLORIDA.
TO BE COMPLETED BY THE CLERK OF THE CIRCUIT COURT'S OFFICE CLERK'S DATE STAMP
O.R. BOOK ► AND LJ t FILE NUMBER
AND ti] I I
PAGE NUMBER ri DATE
BOOK
ONO. RECORDED
Month Day Year