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Item B07Marine Resources BOARD 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 for a Grant of Conservation Easement for Lot 6, Gato Farm Sub Plat #1 between Boundary LTD. And Monroe County. The Real Estate number is # 00214560-000000. ITEM BACKGROUND: Per Section 9.5-336 of the Monroe County LDR's the Moderate Quality, low tropical hardwood hammock with a 60% open space ratio (see Exhibit `B") and the tree snail Ligus osmentii. PREVIOUS RELEVANT BOARD ACTION: None STAFF RECOMMENDATION: Approval of Conservation Easement TOTAL COST: $42.00 BUDGETED: Yes No COST TO COUNTY: None APPROVED BY: County Attorney Y OMB/Purchasing DEPARTMENT DIRECTOR APPROVAL: K. Marlene C DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To follow DISPOSITION: gce 00214560- 07/26/00 10:46 AM f Risk Management and EWironmental Resources Management Tot required Agenda Item #: � --I Amit01 GRANT OF CONSERVATION EASEMENT AGREEMENI, THIS AGREEMENT is made this _ day of ---� _ by and between Botindary LTD. whose address is 26351 Old State Road 4A Ramrod K , Florida, 33042 Countyof M"'roe , 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, F133040 (Grantee). The parties recite and declare: The Grantor is the owner of certain real proper,), commonly known as Lot 6, Gato Farm Sub Plat # 1 (the servient estate), more Particularly described as follows: (Legal description) Lot 6 Gato Farm Sub Plat # 1 The Grantor desires to dcx•clop the scn°icnt estate as (describe project): A vht q,1e. family reviclellce Tlac scnicnt estate contains (describe relevant natural features): Modorate quality loin Hardwood hammock with a 60% open space ratio The Grantee is a general purpose political subdivision of the State authorized and required to regulate and control the use of real propert,. through land development regulationsinorder to protect the Public healft safety and «rlf are. Sec. 9.5-336 of the Grantee's land development regulations requires that certain areas of the scn•icnt estate be retained as open space and preserved in their natural condition if the sMicnt estate is to be developed as a si»gle family resideprce with a 60% open space r atio The parties agrcc as follo«-s: i • Grant ctf easement In consideration for a development permit for a single family residence, permit # 981-385 and in order to comply wA Sec. 9.5-336, Monroe County Code, the Grantor hereby grants to Grantee the easement described below 2. QaCterof the a ment and eovernin taq, This easement is a conservation easement under Sec. 704.06 . Fla. Scat. And is to be governed by, construed and enforced in amordance with that statue and with the applicable laws of the State of Florida. 3 • Location of the easement tion of the open � p metes and bounds description o n space area) a• The conservation easement is located as follows See ExIuWt "A " b• The locatim of the easement is also described in the diag ram attached to this instrument as Exhibit "A" and, by refenace, made a part of as fully and to the same effect as if set forth in this instrument in its entirety. 4. Restraints sed by the Conservation Easement. The conservation easement granted by this instrument imposes the following restrictions on the future use of the servient estale within the easement area: a• No removal trimming or pruning of trees, shrubs,. or other vegetation (except non-nativ vegetation whose removal is a.thorized by the Grantee's biologist). c b• No acts thatare detrimental to wildlife or wildlife habitat preservation. C. No e-uavafiml, 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 dumpinger placing of soil or other substance or material as landfill or dumping or placing of t=dL haste, or unsightly or offensive materials. f. All roprdithiriirc of 2 rmit - 981-38 5. Te=Mrsons 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 suety 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 ply 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. g• Attorneys fees. In the event of any controyers}•, claim or dispute arising under this instrument, the prevailing party is entitled to recover reasonable attorneys fees and costs. �• Entn• of Grantee's rc rcscntative on the servient estate. The Grantee's representative on the scn,icnt 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. Nonce. Any notice provided for or concerning this Agreement must be in writing and is sufficiently given when sent by certified or registered mail. or yia an equivalent service furnished by a private carrier, to the respective address of cacti party as set forth at the beginning of this Agreement. IN WITNESS WHMEOF, above writtem the parties hereto have set their hands and seals the day and year first (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk lgnatune o �vntness���S� Printed e of witness gnature of witness Punted name of witness STATE OF FLORIDA COUNTY OF MONROE BOARD OF COUNTY COMNIISSIONERS OF MONROE COUNTY, FLORIDA (Grantee) By Mayor/Chairman ran r o gbh D Printed name of Grantor Grantor f7 n i�ha Printed name of Grantor and BEFORE ME, the undersigned authority, personally appcared � Id ,who are personall known to me or have produced and as identification, , respectively Sworn to and subscribed before me this �`he GueS 0e aa� Typcd Notary Name and Number fBY PROVED AS TO F' 1 L AL T' Ty Attomey's Office day of Notan' Si na and Seal OFRnAL,NC(.. kYSEAL r, �y CHFk'v'L A rlrFcT iAkY PUBLIC S'TA OF FLORII)A FI-i'I7.'y.�t (If Applicable) -1A whose address is (Name of Mortgagee) City of County of , State of having a record interest in the lands described in the Conservation Easement Agreement between Grantor, and Momoe County, Florida, Grantee, and ratifies that Conservation Easement at Y Joins in, consents' below. Witness Witness STATE OF FLORIDA COUNTY OF MONROE on the date indicated (Place of Execution) , Mortgagee SWORN TO AND SUBSCRIBED before me this 19_ day of by who is personally known to me or has produced as identification Typcd Notary Name and Number Notary Signature and Seal 5 "EXHIBIT A" � � P NOT A PART OF FLAT 100, LOT 5 \YII p0RC: i4 PROP05E D R �f i LI l I � � G--,TO R04p'?3;V' ROW) EXHIBIT "B" VINES/FERNS HERBA('Fnrre en*.,�� COMMON NAME SNOW BERRY POISON IVY (Ep) MORINDA PRICKLY PFUR (n WILD BAMBOO GOLDEN CREEPER (T) SALT \L-kRSH CORD GRASS KEY: M THRE-�TENED (FP) ElOTIC PEST (1-) ENDANGERED COMMON NAME CHIOCOCCA ALGA TOXICODENDRON RADICANS MORINDA ROYOC OPUNTIA STRICTA LASIACIS DIVARICATA ERNODEA LrrTOR L S SPARTINA PATENS FAUNA SPECI (:IZAB SPIDER 131.(.'f _ C;1tAy GN,1TC:1'IY:HI:R GA�RACANTHA CANCIFORMIS c)\'I:N t3lltll I OLIOPTILA CAERULEq I'MT SNAIL. SEIURUS AUROCApU..LUS LIGUUS OSMENTII SITE ANALY IS DATA CRITERIA sO11. 1-1t-,\,I -s (:O\'I;R.\('1•: k" )( I)1' PLAN si)l:(:11:5 I�I:c>•t'I•:(;'I'Ia 1�1..1N'1'SPI:(;1I�.ti PLANT S111:( ir's 1'I•:1t .1(:121? \\'.\I`\'I: EXurI(: 1'1..\N'I' SI'!•:(:Il•:S ABUNI)ANCI.- 0 NON-NA"I'1\'1; PLANl'SPECIES I'ltc �'I'1;(.'I till FAUNA MST[ IRBANCE Of: i'UPUC;R:\Pf tl'/SL'BSTRATE SIZE OF HAMMOCK PERIMETER ABUTTING, SCAIZI1.11.:I) LkND CUMULATIVE SCORE: . 80% 48 2 30% 0 25% 8 ACRES 25% H:\��1,11OCI-� ()N SC1'L•:: MODERATE 3 2 1 1 2 3 19 RE EXHIBIT "C" P.l M E M O R A N D U M To : Boundary Ltd. From: Dianna Stevenson, Biologist' Environmental Resources Division Date: March 31, 1998 Re Conditions of land clearing for permit #981-385 1. Maintain 60% open space in Hammock for perpetuity. 2. Areas to be cleared shall be clearly marked and inspected by Biologist before clearing begins. 3. Notify Biologist within 48 hours of completion of clearing. 4. All threatened, endangered, commercially exploited, and�local- ly rare species and native trees with a dbh of 4" or greater shall be transplanted pursuant to the approved transplantation plan. 5. Durable construction barriers (such as fencing, wire cable or rope) shall be placed around all constructionareas and remain in place until construction is complete. The barriers are to be placed around the perimeter of the structure, 5' from the drip line. 5. Construction materials and equipment shall not be allowed in areas of required open space. 6. No fill authorized on site. 7. All Gumbo limbos in the construction area shall be cut, scored at the base, and transplanted on site. 8. All exotic species shall be removed from the parcel. EXHIBIT "C" P.2 2 9. Exotic landscape plants shall not be- planted in areas of re- quired open space. 10. Transplantation plan must be completed prior to C.O. 11. GOCEA required prior to C.O. Owner/agent signature CC Ross Alliston file FLORIDA DEPARTMENT OF REVENUE PTHIIS ORM NOTF R 07/98 RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY ACCEPTABLE (PLEASE READ INSTRUCTIONS ON THE BACK OF THIS FORM BEFORE COMPLETING) Use black ink. Enter numbers as shown below. If typing, enter numbers as shown below. 1. Parcel Identification Number a ©� ®� ❑ ❑ 0 2 5 7 9❑ ❑ (If Parcel ID not available please call County Appraiser's Property ��������������❑❑❑❑�❑❑❑❑❑❑❑ Transaction is a split Property was improved 2. Mark (x) all Multi -parcel ❑ or cutout from R❑ with building(s) at time ❑ that apply transaction? —► another parcel? of sale/transfer? —� 3. Grantor (Seller): Ltd. , BOUNDARY Last First MI Corporate Name (if applicable) 26351 Old State Road Ramrod Key F1 33040 (305) 872-2100 Mailing Address City State Zip Code Phone No. 4. Grantee (Buyer): GOUNTX MONROE Last First MI Corporate Name (if applicable) 500 WHITEHEAD STREET KEY WEST FL 3304 ( 305 ) 289-2500 Mailing Address City State Zip Code Phone No. 5. Date of Sale/Transfer Sale/Transfer Price ❑ ❑ / ❑ / ❑ ❑ ❑ ❑ In ❑ �❑ El❑Lan) 0 � Property County Code I� Located In (County Codes on Reverse) Month Day Year (Round to the nearest d 6. Type of Document ❑ Contract/Agreement Other 7. Are any mortgages on the property? If "Yes", YES / NO for Deed outstanding mortgage balance: Warranty ❑❑ ❑ ❑� ❑ Quit Claim ❑� ❑ a a Deed (Round to the nearest dollar.) Deed 8. To the best of your knowledge, were there unusual circumstances or conditions to the sale/transfer such as: Forced sale by court order? Foreclosure pending? Distress Sale? Title defects? Corrective Deed? Mineral rights? ❑ ❑ Sale of a partial or undivided interest? Related to seller by blood or marriage. YES / NO 9. Was the sale/transfer financed? YES / NO If "Yes", please indicate type or types of financing: Agreement or Conventional Seller Provided F1 Contract for Deed Other Institutional/ 10. Property Type: Residential Commercial Industrial Agricultural Miscellaneous Government Vacant Acreage Timeshare Mark all � ❑ ❑ ❑ ❑ r ❑ ❑ ❑ that apply ly U Cents 11. the best of your knowledge, was personal property YES / NO in ❑ ❑� ❑ ❑� � a IQ included in the sale/transfer? If "Yes", please state the amount attributable to the personal property. (Round to the nearest dollar.) ❑ ❑ �� ❑ �� ❑ ❑ ❑ 12. Amount of Documentary Stamp Tax 0 0 13. If no tax is due in number 12, is deed exempt from Documentary Stamp Tax under s. 201.02(6), Florida Statutes? YES [�X / ❑ NO Under penalties of perjury, I declare that I have read the foregoing return and that the facts stated in it are true. if prepared by someone other Lthan the taxpayer, his/her declaration is b e II inf rmat n which heMer has any knowledge. Signature of Grantor or Grantee or Agent 1,1 Date WARNING: FAILURE TO FILE THIS RETURN OR ALTERNATIVE FORM APPROV ED Y THE DEPARTMENT OF REVENUE HALL RESULT IN A PENALTY OF $25.00 IN ADDITION TO ANY OTHER PENALTY IMPOSED BY THE REVENUE LAW OF FLORIDA. I (To be completed by the Clerk of the Circuit Court's Office) I Clerks Date Stamp O. R. Book ❑ ❑ and FTPage Number717 and ��❑❑��❑❑❑ ❑U❑� File Number Date Recorded ❑ / ❑ ❑ / ❑ ❑ ❑ Month Day Year VVNI I t UUFY I U UENAH I IVIENT OF REVENUE OFFICE CANARY COPY TO PROPERTY APPRAISER