Item B12
Environmental Resources
BOARD OF COUNTY COMMISSIONERS
AGENDAITEMSU~ARY
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 1,2,3
and 22,23,24 Block 2 Knowlson Colony of Monroe County Florida between George and Martha
Otto and Monroe County. The respective Real Estate numbers are:
00564510-000000, 00564520-000000, 00564530-000000, 00564720-000000,
00564730-000000, 00564740-000000
ITEM BACKGROUND: Per Section 9.58-336 of the Monroe County LDR's the Moderate
quality tropical hardwood hammock (see Exhibit A) shall be preserved and the deed restriction
will run with the land so that all future development shall be restricted. No clearing shall ever be
permitted of the undisturbed vegetation and replanted areas shown on exhibit A.
PREVIOUS RELEVANT BOARD ACTION: None
STAFF RECOMMENDATION: Approval
TOTAL COST:
$24.00
BUDGETED: YesN/A No
COST TO COUNTY: None (paid by Mr. And Mrs. Otto)
APPROVED BY: County Attorney X OMB/Purchasing N/A Risk Management N/A
DEPARTMENTDIRECTORAPPROVAL: ';l( !11v~<.",u ~
K. Marlene Conaway, Dir of P ':ng and Environmental Resources
DIVISION DIRECTOR APPROVAL
DOCUMENTATION: Included X
To follow
Not required _
Agenda Item #:
a,BI~
DISPOSITION:
gc-00564510
08/28/00 10:27 AM
GRANT OF CONSERVATION EASEMENT AGREEMENT
THIS AGREEMENT is made this _ day of .,~
,~. -
by and between
GeOQge.
B. Clt,\c') ~N~ fr\~RthA
t\ t \ ~ t-l t ~~ )) R '\J ~ Ke 'I
() t..t 0
LJ:\~qc
whose address is ,.,
County of _rt\nl\l Q bE..
State of EJO\-~R , (Grantor) and Monroe County, a political
subdivision of the State of Florida, whose address is 5100 College Road, Stock Island, Key West, FI33040
(Grantee).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
7 Atlantic Drive, North Key Largo, Florida 33037
(the servient estate),
more particularly described as follows:
(Legal description) Lots 1-3 and 22-24 Block 2 Knowlson Colony
-
The Grantor desires to develop the servient estate as (describe project):
Sinl!le familv home and accessories. as shown in Demit number 97-3-1831
.
The servient estate contains (describe relevant natural features):
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 home and accessories
The parties agree as follows:
1. Grant of easement.
In consideration for a development permit for a single family home, per permit # 97-3-1831
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
as shown in attached 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 ofloam, 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.
2
f. No planting of non-native vegetation
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.
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)
A TTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
By
By
Deputy Clerk
Mayor/Chairman
G,.n~ (}.~
G-ea R~e. f\.
Printed name of rantor
Otto...
i /I) f t - + );r
frI (lJ11J:~./ m
Grantor
f\\f\ A..1 h A ()-ti 0
Printed name of Grantor
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personally appeared (}e..LJ-e? () (}f-fo
and m fr.e:/IuL &l:i:o ,who are personally known to me, or have produced
APPROVED AS TO FORM
AND Lo/'~' :-c-~::CIENCX/
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fLL_d._j ~ C.. . '
1l!Jl,#=- 0371~D;S
and ~ ()L* 0 '70 5" 3 7~...1-
, respectively
as identification.
Sworn to and subscribed before me this
Sheny L MayIuy
MY COMMISSION # CC904210
EXPIRES: January 23,2004
~ day of ~ ,~;;4bOO.
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FLORIDA DEPARTMENT OF REVENUE
r
2. Mark (x) all Multi-parcel rY'i
that apply transaction? -+ )D.J
3. Grantor (Seller): Otto
Last
Ld.I5 flilelll;i\ 1R.ftil
Mailing Address
Transaction is a split
or cutout from
another parcel? -+
(;Pl"lPqe A.
First MI
fr)fHV\JP I
City
o
TX
State
Corporate Name (if applicable)
77S7g (d~1l tl-~q- Sl'.sOO
Zip Code Phone No.
4. Grantee (Buyer): COUNTY
Last
MONROE
First
MI
500 WHITEHEAD STREET KEY WE~T
Mailing Address City
5. Date of Saleffransfer Saleffransfer Price
DO / DO / 0000 $0 D 00 0 0 1'1 ~ ~ . LQJ [Q] ~~~~~edln [I] G ~~~n~~~~:: Reverse)
Month Day Year (Round to the nearest d~
6. Type of Document 0 Contract/Agreement 0 Other 7. Are any mortgages on the property? If "Yes", YES 0 / 0 NO
I for Deed ~ outstanding mortgage balance:
o ~:;~anty 0 g~:dClaim (Round to the nearest dollar.) $ DO DO 0 DO 0 0 . [QJ [Q]
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? YES 0 / n NO
Sale of a partial or undivided interest? Related to seller by blood or marriage. Lx!
1<'1.
State
Corporate Name (if applicable)
33040 (305) 289-2500
Zip Code Phone No.
9. Was the saleltransfer financed? YES n / [J NO If "Yes", please indicate type or types of financing:
n 0 Agreement or 0 D
Conventional U Seller Provided i Contract for Deed ' Other
Acreage Timeshare
o 0 0 0
Cents
$OODODOOQQ . [Q][Q]
· $ODOOOOOGJGJ.DO
13. If no tax is due in number 12, is deed exempt from Documentary Stamp Tax under s. 201.02(6), Florida Statutes? YES r;J / 0 NO
Under penalties of perjury, I declare that I have rea e foregoing return and that the facts stated in it are true. If prepared by someone other
Lthan the taxpayer, his/her declaration is based on formation of 1:t~ hE;l/ h J -,~,+~nowledge.
Signature of Grantor or Grantee or Agent ' I .... Date
WARNING: FAILURE TO FILE THIS RETURN OR ALTERNATIVE FORM AP
OTHER PENALTY IMPOSED BY THE REVENUE LAW OF FLORIDA.
~
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Industrial
D
Institutionall
Agricultural Miscellaneous
II 0
U '
YESO / J2NO
Government
Vacant
10. Property Type:
Mark (x) all
that apply
Residential
[]
Commercial
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
....
<Jj
(To be completed by the Clerk of the Circuit Court's Office) Clerks Date Stamp
Donr--!I
O. R.Book , uLJLJ
and DDDLJ
Page Number
and DDDnOUDODonDD
File Number
Date Recorded DU/DO/DDDD
Month Day Year
()
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..../
NHITE COPY TO DEPARTMENT OF REVENUE OFFICE
CANARY COPY TO PROPERTY APPRAISER