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Item B08BOARD 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 Lots 6,7, & 8, Block 6, Cutthroat Harbor Estates, as Recorded in Plat Book 4, Page 165, of the Public Records of Monroe County Florida between Phil Embry, Linda McNeal Embry and Monroe County. The Real Eastate Number is # 0017812-000000. ITEM BACKGROUND: Per section 9.5-336 of the Monroe County LDRs, the Moderate Quality, low tropical hardwood hammock with a large fresh water wetland site on lot 7 (see attachments A,B & C) 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 unditurbed vegetation and replanted areas as shown on attachment D. PREVIOUS RELEVANT BOARD ACTION: None STAFF RECOMMENDATION: Approval of the Conservation Easement TOTAL COST: $42.00 BUDGETED: Yes No COST TO COUNTY: None (fee paid by Phil Embry and Linda McNeal Embry) AMOUNT PER MONTH Non PER YEAR None APPROVED BY: County Attorney Y OMB/Purchasing Risk Management DEPARTMENT DIRECTOR APPROVAL: _ K. Marlene DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X DISPOSITION: lanning A0 Environmental Resources , Director of Growth Management To follow Not required _ 09 aAgenda Item #: - GRANT OF CONSERVATION EASEMENT AGREEMENT THIS AGREEMENT is made this day of , 19 by and between Phil Embry and Linda McNeal Embry whose address is 1009 Ocean Dr., Surnmerland Key County of Monroe 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, Fl 33040 (Grantee). The parties recite and declare: The Grantor is the owner of certain real property commonly known as See legal description below (the servient estate), more particularly described as follows: (Legal description), Lots 6,7, & 8, Block 6, Cutthroat Harbor Estates, as recorded in Plat Book 4, Page 165, of the Public Records of Monroe County, Florida. The Grantor desires to develop the servient estate as (describe project): The servient estate contains (describe relevant natural features): Moderate quality low tropical hardwood hammock Lot 7 contains a large freshwater wetland area. (See attachments A,B, & Q 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 2,496 sq. feet office building with a 1,261 sq. feet apartment . The parties agree as follows: 1. Grant of easement. In consideration for a development permit for a 2,496 sq. feet office building with an apartment 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) a. The conservation easement is located as follows See Attchment D 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 in such manner as to affect the surface. d. No activities detrimental to drainage, flood control, water conservation, erosion control and soil conservation. 2 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 nl nting of exotic vegetation on all lots. 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. 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 QI Deputy Clerk Signature ot witness 5'.t o Printed name of witness CA 4 i e of fitness c.Ar/� C. Printed name of witness STATE OF FLORIDA COUNTY OF MONROE and BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (Grantee) Grantor I'Aa Printed name of Grantor BEFORE ME, the undersigned authority, personally appeared as identification. i who are personally known to me, or have produced and respectively Sworn to and subscribed before me this — day of Ma // r�� ,t97-00 0. Typed Notary Name and Number OVED AS TO FORM S NC B 7-:1Etorneys Office 1��t4 zee -'�j C/�' Notary Signature and Seal KA-,HLEEN A. RI i CH Notary Pubiic - State of Florida My Cornm'ssion Expires Jan 25, 2002 Commiss;on r CC710690 4 (Name of Mortgagee) (If Applicable) , City of , whose address is County of State of having a record interest in the lands described in the Conservation Easement Agreement between Grantor, and Monroe County, Florida, Grantee, hereby joins in, consents, and ratifies that Conservation Easement at on the date indicated below. (Place of Execution) Witness Witness STATE OF FLORIDA COUNTY OF MONROE SWORN TO AND SUBSCRIBED before me this 19 , by Typed Notary Name and Number , Mortgagee day of who is personally known to me or has produced as identification. Notary Signature and Seal 5 Lot 6 & 7 (Attachment A) HABITAT ANALYSIS SCORESHEET PARAMETER VALUE 1) % SOIL COVER 100 2) # WOODY PLANTS 36 3) WE PLANTS 3 4) DENSITY T/E PLANTS >6/ACRE 5) PEST PLANTS a)Brazilian peppertree b)Sapodilla 6) NONNATIVE PLANTS 2% 7) T/E ANIMALS a)White crown pigeon-range&food b)Key deer -range c)Lower keys rosy rat snake d)Key mud turtle 8) SOIL DISTURBANCE 1% 9) SIZE 18,000 SQ.FT. (413 10)% PERIMETER ABUTTING.19.2$CRES) DISTURBED LANDS TOTAL: QUALITY RATING: MODERATE OPEN SPACE: .60 SCORE 3 3 1 3 1 2 1 2 0 3 19 04 4J c E U 4J 4J a U W w 3 C1 Lot 8 (At.tachment C) cla-�). Also, known habitat areas for the Rey Mud Turtle. the Silver Rice Rat (Orvzvmus araentatuq), the Indigo snake (Drvmareh-hon corals Q=28r�), and the Florida Ribbon Snake (Thamnonhis sauritus) exist approximately one half mile to the south and west of the site. During several inspections of the property, no protected. endangered or threatened animal species were observed on the Property. No evidence of the above listed species were observed on the property. The property to the west appears to be an isolated wetland area consisting of buttonwood. sea daisy, and mangroves and is considered to be of greater value to many of the noted species. Due to the high incidence of poisonwood on the property, it is expected that white crowned pigeons would use the property for feeding. 8) % of substrate disturbance = less than 25 % Score: 2 . The center of the site was once cleared, but the secondary growth consists primarily of native vegetation. There were a few small areas of illegal dumping (an old mattress and vegetative debris) along the property lines. 9) Size of hammock = approximately 0.46 acres Score: 0 10) % of perimeter that abuts developed or disturbed lands: 29 % Score: 2 The eastern boundary abuts a cleared, developed commercial lot. The northern and southern boundaries border easements for roadways. The northern easement is mostly vegetated, but a few "open" spaces exist. The southern easement is thickly vegetated with native and opportunistic tree species. The western property line abuts an undeveloped, vegetated lot. Total Score: 16 According to Section 9-806 of the Monroe County Code, this low hammock is of moderate quality. The required open space ratio for development of this lot is 60 %. Most of the property consists of secondary growth, an area that was in the past cleared and scraped. Any development on this property should be confined to the center portion of the property with Primary access through Pieces of Eight Road. One joewood tree and some young silver palms exist within this area and will have to be transplanted. r , Y C] 41 C N E r u m 41 4J i 1-- o CV) J n l fill A Q O W lL. O W U a. m fit: VY�r t NIt i rt u Z Y+ .. 7oc •~ 0 PHOTOCOPIES OF FLORIDA DEPARTMENT OF REVENUE R -294 THIS FORM NOT ACCEPTABLE RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY PLEASE READ INSTRUCTIONS ON THE BACK OF THIS FORM BEFORE COMPLETING IF TYPING THIS DOCUMENT, CARRIAGE RETURN AND THIS IS A MACHINE READABLE FORM. IF HAND PRINTING A B C D E F G H I J K L M N p P Q TYPE THROUGH THE HANDPRINT BOXES. THIS DOCUMENT, PLEASE PRINT NUMBERS CAREFULLY WITHIN THE BOXES AS SHOWN AT RIGHT. P. tSITIU11VIMMY112101 1 121114151011RI PARCEL IDENTIFICATION NUMBER 1111 IS THIS A MULTI -PARCEL IS THIS TRANSACTION A 2' TRANSACTION? _®/ --1 SPLIT OR CUTOUT FROM � / YES NO ANOTHER PARCEL? YES ❑ ❑ NO Last Name First Name M I 3. GRANTOR I Ki c • �� PHONE C CORPORATE NO. J NAME Last ame irs am GRANTEE STREET 4. ADDRESS CITY/STATE ® ZIP CODE 3 0 4 PHONE CORPORATE NO. 3 0 5 2 8 2 5 p NAME DATE OF SALE/TRANSFER SALE/TRANSFER PRICE 5 / PROPERTY LOCATED IN: O ED COUNTY,FLORIDA Month Da Year (COUNTY CODESES ON ON REVERSE) 6. TYPE OF DOCUMENT Warranty ❑ Ouit Claim Contract /Agreement ❑ ❑ Deed Deed ❑ for Deed Other X 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 Related to Seller 7. under Duress SalelTransfer by Court Order Mineral Rights Foreclosure Sale/Transfer of a Other Partial or Undivided Interest No Explanation) X NeededInstitutional / Residential Commercial Industrial Agricultural Miscellaneo s Government g, Property Type: Vacant Acreage ❑ ❑ ❑ Mark those ® ❑ ❑ D that apply 1-1 TO THE BEST OF YOUR KNOWLEDGE, IF "YES", PLEASE STATE THE 9. WAS UNUSUAL PERSONAL -� YES 0/0 NO ► AMOUNT ATTRIBUTABLE TO -R• PROPERTY INCLUDED IN THE SALE? THE PERSONAL PROPERTY 0. AMOUNT OF DOCUMENTARY STAMPS TO BE AFFIXED TO DOCUMENT? 0 11.1IF ITEM NUMBER 10 is "ZER(T, IS DEE STAMP TAX UW)ER s201.0241, FLORIC I HEREBY( CERTIFY THA t_ TO LE THIS RETURN TO BE COMPLETED BY THE C FROM DOCUMENTARY IMP rrsED I r S' YES ©/ ❑ NO 12 TIITH ME OF BUILDING(S) E? AT YES ❑/ ❑ BEEN EXAMINED BY ME AND TO THE BEST OF MY KNOWLEDGE AND RELIEF IS A TRUE AND COMPLETE RETURN .L;P ESULT IN PENALTY A OF .S25.00 IN ADDITION TO ANY OTHER PENALTY IMPOSED BY THE REVENUE LAWS OF FLORIDA K OF THE CIRCUIT COURT'S OFFICE O.R. BOOK ► AND AND ❑ t FILE NUMBER u PAGE NUMBER ► DATE BOOK & PAGE NO. OR FILE NO. RECORDED Month Day Year CLERK'S DATE STAMP E:-::