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Item B4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 18.2001 Division: Growth Management Bulk Item: Yes l No Department: Environmental Resources AGENDA ITEM WORDING: Approval for a Grant of Conservation Easement for Lots 17 and 18, Block 9 Pirates Cove between Michael G. Manfre, Lorie Ann Manfre and Monroe County. The Real Estate Number is 00494200-000000 (combined for tax purposes) 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 Michael and Lorie Manfre) DIVISION DIRECTOR APPROVAL: Timothy McG DEPARTMENT DIRECTOR APPROVAL: K. Marlene Conaway, Dire ental Resources Growth Management DOCUMENTATION: Inc1udedl To follow DISPOSITION: Not required _ Agenda Item #: ~ Document I 12/28100 t:36 PM Grant of Conservation Easement THIS AGREEMENT is made this _ day of Michael G. and Lorie Ann Manfre whose address is 74 Blackbeard Drive, Key Largo Florida 33037 ,20 by and between 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 74 Blackbeard Drive, Key Largo (the servient estate), more particularly described as follows: (Legal description) Lots 17 and 18 Block 9 Pirates Cove, RE# 00494200-000000 (combined for tax purposes) The Grantor desires to develop the servient estate as (describe project): A single family home as shown in permit number 98-3-197 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 Manfre GOCEA 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 penn it for a single family home 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 governinl! 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 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. Manfre GOCEA 2 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 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), ifany , whose consent is attached hereto, is (are) the only mortgagee(s) having a security interest in the servient estate. 6. Entire Alrreement. 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 Alrreement. 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. Manfre GOCEA 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 cf ~-rn~ Grantor L 0 fu::... hi Ci I) Pre... Printed name of Grantor ~~~ Grantor jV} I k.€- -AI} G () fr e.. Printed name of witness Printed name of Grantor BEFORE ME, the undersigned authority, personally a and /Y1, f,e In irA) FilL ,who personally known to-me, STATE OF FLORIDA COUNTY OF MONROE and , respectively as identifIcation. (7) Sworn to and subscribed before me this /,-d day of )t;J/--I';;;J~ /, 20~ ~ Manfre GOCEA 4 , :<:):,: rdl1)j4- jtI.{)zrh7JtYid; Typed Notary Name and Number . !.;." ,-' (If Applicable) ;1 L5 cJJ/JAlK ();- rilE KE'I5 (Name of Mortgagee) KI1900 {)//E(lsE/lS tlwV' , whose address is Countyof moAJUE State of I City of 15 L/I m //1!.1l tJ II (L() I- / /J f1 having a record interest in the lands described in the Conservation Easement Agreement beLween L(Jllt II NW fill t.lllif L -/ rnf/ }/{"f{.E Grantor, and Monroe CounLy, Florida, Grantee, hereby joins in, consents, and ratifies that Conservation Easement at go 90D ()UiR...6E 17.5 Hwy /$U/ffltJIU/D/!, rL .1.$03'" below. (Place of Execution) on the dale indicaled ~ ~Lu/-A'/ Witness t~ee STATE OF FLORIDA COUNTY OF MONROE SWORN TO AND SUBSCRJBED before me this 19 day of to 1C- . 20W , by loAF!?"/ ;1m lit:, )/1.150#. who is~onallY kno~o mc or has produced as identification. ~og'lJ1/ SEv'EN.6 Typed Notary Name and Number t ~ ($h1/~ Notary SIgnature and Seal NOfARY ROBYNSTEVENS NC7I'ARYPUBLlCSI'ATE OF FLORIDA COMMIISION NO. CC123505 9 Manfre GOCEA 5 ,Manfre. Residence .' -Lot 17 d-' g' Bloc\< 9 PI ra te 5 (0 ve k e'l La r9 0 FJ.33e , ,Ii E #- 00 tj QV200 -000000 .Lt 17 I "" "~""" "'f <'~, 'i1~??& ~(,:,~ ", "r ()" _ ...... .~ '~. r~"'., J ~ - - ---- --- .... I ~ I 5'/ 0 t:; d7~ \- - - J AJob'c Co.( \ D raIl') -(j eld Parkll1j /O~~ I ~)g ~' \~CJ ~~ ~] 37 ). en ~~ C!:l /' / / I / Pre S'erve Areq / / / / I I , / To rTV 9 Ci Dr.