Item B02
Environmental Resources
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 19, 2000
Division: Growth Management
Bulk Item: Yes
X No
Department: Environmental Resources
AGENDA ITEM WORDING: Approval of a Grant of Conservation Easement for Lot 8 and
half oflot 9, Block 1 Harbor Course South Sect. #2, Ocean Reef Plat #13 between Merle and
Carmen Prebel and Monroe County. The Real Estate Number is 00573630-000300.
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 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. and Mrs. Prebel)
APPROVED BY: County Attorney ~ OMB/Purchasing
Risk Management N/ A
DEPARTMENT DIRECTOR APPROVAL:
K. Marlene Conaway, D'
ronmentalResources
DIVISION DIRECTOR APPROVAL:
Timothy Mc
DOCUMENTATION: Included X To follow
Not required _
Agenda Item #: ~. 6A
DISPOSITION:
BOCC Agenda Item Summary
08/23/00 10:46 AM
GRANT OF CONSERV A nON EASEMENT AGREEMENT
THIS AGREEMENT is made this _ day of
Merle and Carmen Pre bel
,20
by and between
whose address is
8 South Harbor Drive, Key Largo Florida 33037
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, FI33040 (Grantee),
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
8 South Harbor Drive, Ocean Reef Club, Key Largo Florida
(the servient estate), more particularly described as follows: (Legal description) Lot 8 & Y.z Lot 9
Block 1 Harbor Course South Sect. #2, Ocean Reef Plat #13 ~ {t=t 00 5?~~ '30 -000 ~OO
The Grantor desires to develop the servient estate as (describe project):
Single familv home as permitted in 98-3-2443
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
The parties agree as follows:
1. Grant of easement.
In consideration for a development permit for a single family home, permit # 98-3-2443
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 attachment "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 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 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 plants
5. Terms and oersons 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, Attornev'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. Entrv 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
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Deputy Clerk
Mayor/Chairman
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Printed name of witness
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Gran~0f
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Printed name of Grantor
BY
STATE OF FLORIDA
COUNTY OF MONROE ,'1 ,^ I II
BEFORE ME, the undersigned authority, personally appeared! JI1V(j:;lli. V /u))../j' ,(
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and L IJJV\'....~..{,..'\ IJ.,-'U~~- ,who are personally known to me, or have produced
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as identification.
Sworn to and subscribed before me this
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/j;~'!'~'~~ MY COMMISSION # CC 754743 '.t..
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