Item B01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 22,2000
Division: Growth Management
Bulk Item: Yes X No
Department: Environmental Resources
AGENDA ITEM WORDING: Approval of a Grant of Conservation Easement for Lot 20
Block 5 Harbor Course, Ocean Reef, Plat #14 between 205 South Harbor Partnership, Joel
Barnes, Thomas Lewis and Monroe County. The Real Estate Number is 00573690-000200
ITEM BACKGROUND: None
PREVIOUS RELEVANT BOARD ACTION: None
STAFF RECOMMENDATION: Approval
TOTAL COST: $24.00
BUDGETED: Yes N/A No
COST TO COUNTY: None (paid by Joel Barnes and Thomas Lewis)
APPROVED BY: County Attorney l OMBlPurchasing N/A Risk Management N/A
DEPARTMENT DIRECTOR APPROVAL:
K. Marlene Conaway, Di
f Growth Management
DOCUMENTATION: Included X To follow
DISPOSITION:
Agenda Item #:
a--at
BOCC Agenda Item Summary
08/23/00 10:46 AM
GRANT OF CONSERVATION EASEMENT AGREEMENT
by and between
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
205 South Harbor Drive, Key Largo Florida 33037
(the servient estate), more particularly described as follows: (Legal description)
Lot 20 Block 5 Harbor Course, Ocean Reef Plat #14, as recorded in Platbook 7 PaRe 9
oithe Public Records of Monroe County Florida RE# 00573690-000200
The Grantor desires to develop the servient estate as (describe project):
Single family home and accessories as shown in Permit # 98-3-2635
The servient estate contains (describe relevant natural features):
Moderate Quality Low 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:
I. Grant of easement.
In consideration for a development permit for a single family home, per permit # 98-3-2635
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 Exhibit A attached
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 imoosed 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 plantin~ of non-native ve2etation
5. Terms and persons bound.
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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
Mayor/Chairman
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Printed name of witness
Printed name of Grantor
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STATE OF FLORIDA
COUNTY OF MONROE
and
BEFORE ME, the undersigned authority, personally appeared
~t;\mnF\'::> ~. l'\:'l.L"a~ ,who are personally known to me, or have produced
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and
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as identification.
Sworn to and subscribed before me this \ \ .-(l+
day of O<:..,\, c'3~
,2000
Typed Notary Name and Number
L. JUDITH GASKELL
Notary Public. State of Florida
My comm. expo Jan. 23. 2004
Comm. No. CC904314
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