Item B02
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 24,
Block 8, Harbor Course South, Section 4, Ocean Reef, Plat # 19 between Frank and Caridad
Ferreira and Monroe County. The Real Estate Number is 00573720-002400.
ITEM BACKGROUND: None
PREVIOUS RELEVANT BOARD ACTION: None
STAFF RECOMMENDATION: Approval
TOTAL COST: $28.50
BUDGETED: Yes N/A No
COST TO COUNTY: None (paid by Mr. and Mrs. Ferreira)
APPROVED BY: County Attorney lOMB/Purchasing N/A Risk Management N/A
DEPARTMENT DIRECTOR APPROVAL:
K. Marlene Conaway, Di ental Resources
Not required _
Agenda Item #: ~
DIVISION DIRECTOR APPROVAL:
Timothy Me rowth Management
DOCUMENTATION: Included X To follow
DISPOSITION:
gc-00573720-002400
10/16/009:13 AM
GRANT OF CONSERVATION EASEMENT AGREEMENT
THIS AGREEMENT is made this _ day of
Frank and Caridad Ferreira
whose address is 16 North Drive, Key Largo, Fl 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, Fl33040
(Grantee).
, 19
by and between
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
25 Cinnamon Bark Lane
(the servient estate),
more particularly described as follows: (Legal description) Lot 24, Block 8, Harbor Course
South, Section 4, Ocean Reef. Plat # 19, Monroe County Plat Book 7, Pa~e 54
Re # 00573720-002400
The Grantor desires to develop the servient estate as (describe project):
Single Familv Residence
The servient estate contains (describe relevant natural features):
Low Elevation, 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 Residence
The parties agree as follows:
I. Grant of easement.
In consideration for a development permit for Single Family Residence, Permit # 99-3-377
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 ofthe 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 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 planting of Invasive Exotics
2
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
above written.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By
Deputy Clerk
/ ~ e:-.
S~ature of WItness
I< ' / f\' C/\ i'-i. ~\ C> ,........\
Printed name of witness
\2
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
By
Mayor/Chairman
x~~
Grantor
F~(\n~ rLr"("en~4
Printed name of Grantor
~L~du(~~-
Gr ntor
Gl\ ,f Cl c1()' Ni~'(\f..\~C\..
Printed name of Grantor
BY
STATE OF FLORIDA
COUNTY OF MONROE ~
_ BEFORE ME, the undersigned authority, personally appeared ~,(\ '\\ \<...- C Q...\\t~ ('C\
(\' 'lA
and ~C\" \ C\(){~ \-t(\ t:A '-C\. ,who are personally known to me, or have produced
and
, respectively
as identification.
Sworn to and subscribed before me this ..;2.
4
ilIA
(If Applicable)
, whose address is
(Name of Mortgagee)
, City of
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
below.
on the date indicated
(Place of Execution)
Witness
, Mortgagee
Witness
STATE OF FLORIDA
COUNTY OF MONROE
SWORN TO AND SUBSCRIBED before me this
day of
19
, by
, who is personally known to me or has produced
as identification.
Typed Notary Name and Number
Notary Signature and Seal
5
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I. LOT IS MODERATE.QUALlTr' ~AMMOCK - 4€>% CLEARING
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1. TOTAL AREA TO eE CLEARED . e,,349 .r.
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Nancy-S~arez-Cannon &: Caridod Ferreira
25 CInnamon Bark Lane, Ocean Reef, Key Largo, FI
BOUNDARY SURVEY, Lot 24. Blk. 8
Own No.:
98-2.3.3
FREDERICK
ENGINEER
H. HILDEBRANDT
PlANNER SURVEYOR
ale: 4/19
3150 Northside Drive
Suile 101
Key Wesl. 1'"1. 33040
(305) 293-0466
Fax. (305) 293-0237
'\Hg:SECFOUR