Item B11
Evironmental Resources
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Sept. 21, 2000
Division: Growth Management
Bulk Item: Yes X No
Department: Environmental Resources
AGENDA ITEM WORDING: Approval for a Grant of Conservation Easement for Lots 16, 17,
and 18 Block 2 Oceana Subdivision (unrecorded platt) of Monroe County Florida between
George and Carolyn Wallis and Monroe County. The Real Estate Number is # 00085400-
000000.
ITEM BACKGROUND: Per Section 9.5-336 of the Monroe County LDR's, the moderate
quality, high elevation tropical hardwood hammock (see exhibit A) 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.
PREVIOUS RELEVANT BOARD ACTION: None
STAFF RECOMMENDATION: Approval
TOTAL COST:
$24.00
BUDGETED: Yes N/A
No
COST TO COUNTY: None (Paid by Mr. Wallis)
APPROVED BY: County Attorney -L OMB/Purchasing N/A Risk Management N/A
DIVISION DIRECTOR APPROVAL:
Timothy McG
DOCUMENTATION: Included X To follow
at required _
Agenda Item #: ~
DISPOSITION:
gc.85400-
07/27/004:50 PM
GRANT OF CONSERVATION EASEMENT AGREEMENT
THIS AGREEMENT is made this _ day of , 19 by and between
~<?""Y~"_ \....)~\\.,s. f\N'\ ~f'~b\ytJ LdAII:<,
whoseaddressis " ~ \)0 \ P k, '" A~e.... \~c.u\ \""~'Y~ I F\. ~~D~)
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, Fl33040
(Grantee).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as 778 Dolphin A venue, Key Largo,
Florida 33037
(the servient estate), more particularly described as follows: (Legal description)
Lots 16, 17 & 18 Block 2 Oceana Subdivision (unrecorded platt)
The Grantor desires to develop the servient estate as (describe project):
Single family home and accessories as shown on oermit number 98-3-3082
The servient estate contains (describe relevant natural features):
Moderate quality high elevation 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 home and accessories
The parties agree as follows:
I. Grant of easement.
In consideration for a development permit for single family home and accessories
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 ofthe easement. (metes and bounds description of the open space area)
a. The conservation easement is located as follows
see attached site plans, Exhibit 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 bv 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. No plantin2 of non-native plants
5. Terms and persons bound.
2
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.
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.
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
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
By
By
Deputy Clerk
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rinted name of Grantor
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Printed name of witness
STATE OF FLORIDA
COUNTY OF MONROE ...
~EFORE ME, the undersigned ,authority, personally appeared r~c:::('95-- ~G..\\ \S
and ~,c>\ 'f'\'.. \S~C.~ \ \ '\ ~who are personally known to me, or have produced
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Sworn to and subscribed before me this
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Notary Signature and Seal ;r-,~C
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Typed Notary Name and Numb\r
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.... ..Yo LISA SENTZ-GUY
'A ~ ~ MY COMMISSION /I CC 735402
",~ OF fl.1I>~ EXPIRES: 04120/2002
1-8()()"3-NOTA~;.._:1_1~O~.~~iCes &. Bonding Co.
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FLORIDA DEPARTMENT OF REVENUE PHOTOCOPIES OF DR-219
RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY T~~d'E~~B~~T R. 07198
(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 i iOl III ~ i3l i Lt : IS! Ibllfl iBl i9l n r-i -012 3 ~6 7 $191 II n
(If ParcellD not available \.. L--.J - L-J L..J '---' '-----' - ~ L-J - ~ ~ '"--' ~ '"--' L-J L-.... ~ /
please call County Property fOllOl rol f8I f5l f4l1n'IIOl!, 0 : IOlIQlIOT()!: 0 {i: i :i;-1 n ,n n n n,' ~
~~~~~~ ~~~~~~~~~U~U~~~~_~~U~UUUUU
Transaction is a split Property was improved
or cutout from i' with building(s) at time n, '
another parcel? ~ LXJ of saleltransfer? ~
1111111 II
r
2. Mark (x) all
that apply
Multi-parcel n
transaction? ~ LXJ
3. Grantor (Seller): WALL TS
Last
778 Dolphin Avenue
Mailing Address
GRORGE and CAROLYN
First MI
Ke61Rrgo
ity
Corporate Name (if applicable)
Fl
State
Zip Code
( )
Phone No.
4. Grantee (Buyer): COUNTY
Last
MONROR
First
MI
Corporate Name (if applicable)
~nn WHTTRHRAD STRFFT Kpy ~p~~
Mailing Address City
5. Date of SalelTransfer SalelTransfer Price
no / on / 01 ,I I' $nnnonll[Jnn rnlO ~IO' Property i" i~i County Code
LJ L I :=] ~ ~ ~ U w: U '-----' !QJ LQj . ~ e-I Located In l1J LiJ (County Codes on Reverse)
Month Day Year (Round to the nearest d liar.)
6. Type of Document 0 Contract/Agreement 11 Other 7. Are any mortgages on the property? If "Yes", YES D / ~ NO
for Deed l!J outstanding mortgage balance:
o ~:;~anty [J g~~dclaim (Round to the nearest dollar.) $ n [J 00 0 00 0 0 [Q] ~
1<T
State
33040
Zip Code
( 305) 289-2500
Phone No.
8. To the best of your knowledge, were there unusual circumstances or conditions to the saleltransfer
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 0 / CJ NO
9. Was the sale/transfe~anCed? YES ~ / ~O If "Yes", please indicate type or types of fina=g:
I : ! I Agreement or I I I I
Conventional LJ Seller Provided U Contract for Deed U Other U
Institutional!
10. Property Type: Residential Commercial Industrial Agricultural Miscellaneous Government Vacant Acreage Timeshare
Mark (x) all nq i' r- Ii D 0
I ' i I
that apply '"--' ' , - LJ L-J
.
Cents
$ [J n DO [J DO [Q] [Q] [Q] [Q]
$1, In, nil:, l,nnlJrI DO
I. 1'1 !' I: I, II I, ILOJ- I, ,
- '----' ~7--" L-J '-----"J---' '
YES [] / 0 NO
11. To the best of your knowledge, was personal property
included in the saleltransfer? If "Yes", please state the
amount attributable to the personal property. (Round to the nearest dollar.)
12. Amount of Documentary Stamp Tax
YES [J /YJ NO
13. If no tax is due in number 12, is deed exempt from Documentary Stamp Tax under s. 201.02(6), Florida Statutes?
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 t,he taxpayer. his/her declaration IS based n, all informa~ioll of w ich h~/her has any knowledge,
Signature of Grantor or Grantee or Agent ' " Date b .-7 - ()cj
WARNING: FAILURE TO FILE THIS REURN OR ALTERNATIVE FORM';PPROVED BY THE DEPARTMEN7 OF REVENUE SHALL RESULT IN A PENALTY OF 52500 IN ADDITION TO ANY
OTHER PENALTY IMPOSED BY THE REVENUE LAW OF FLORIDA
(To be completed by the Clerk of the Circuit Court's Office) Clerks Date Stamp
O. R. Book :111111~~
LULJLJ~
and I'l~nn
Page Number I I, ii il I
and ~ ~ L-J L..J
iln,n:--<nnn[]n ilil~~
File Number LJuL!~U~UI LJ i :1 i If i
~ '---- L-..: ....-
:--1 ~ ~-------; Ii r----: ~ ~
Date Recorded LJ~ / :: : / : I! i I : i
: II ! : I i I I
Day" 1..-.: '~ l..--....J <...-..J
Month Year
WHITE COPY TO DEPARTMENT OF REVENUE OFFICE
CANARY COpy TO PROPERTY APPRAISER