Item C3a
LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: May 17, 2001
Bulk Item: Yes No X
Department: Land Authority
Agenda Item Wording: Approval to sell property subject to a conservation easement - Key Largo Park
subdivision.
Item Background: This transaction is proposed to eliminate land management responsibilities. Key
Largo Park subdivision on Key Largo is zoned Improved Subdivision (IS) and designated Residential
Medium (RM) on the Future Land Use Map. The Land Authority received title to the subject 50' x 50' lot
via donation. An adjoining homeowner proposes to purchase the lot for $2,500 subject to a
conservation easement. The easement would allow the planting of trees and flowers but would prohibit
development with structures.
Advisory Committee Action: On April 26, 2001 the Advisory Committee voted 5/0 to approve the
proposed sale.
Previous Governing Board Action: None.
Contract/Agreement Changes: N/A
Staff Recommendation: Approval
Total Cost: $ N/A
Budgeted: Yes
No
Cost to Land Authority: $ N/A
Approved By: Attorney ~
OM B/Purchasing
Risk Management _'
Executive Director Approval:
~~S~
Documentation: Included:
To Follow: X
Not Required:
Disposition:
Agenda Item LA #3a
SALES CONTRACTS
05/17/01
Purchase Envr. Audit, Survey Title Attorney Recording Net
Property Price or Clean-up Insurance Fee Fee Proceeds
Amended Plat Key Largo Park (PB 3-62)
Block 21, Lot 6 $2,500.00 N/A N/A $200.00 $6.00 $2,294.00
(Carnahan)
GRANT OF CONSERVATION EASEMENT
THIS GRANT OF EASEMENT is made on this day of , 2001, by
Michele Carnohan of 70 Florida Drive, Key Largo 33037, Grantor, to Monroe County
Comprehensive Plan Land Authority, a land authority under Section 380.0663 (1), Florida
Statutes and Monroe County Ordinance No. 031-1986, whose address is 1200 Truman Avenue,
Suite 207, Key West, Florida 33040, as Grantee.
Recitals
A) The Grantor is the owner of certain real property (the servient estate) located in Monroe
County, Florida, more particularly described as Block 21, Lot 6, Amended Plat of Key
Largo Park Subdivision, according to the plat thereof as recorded in Plat Book 3,
Page 162 of the Public Records of Monroe County, Florida.
B) This easement is a conservation easement created pursuant to Section 704.06, Florida
Statutes, and is to be governed by, construed, and enforced in accordance with that statute
along with applicable laws of the State of Florida.
1. Grant of easement.
In consideration for the sum of Ten and 00/100 Dollars ($10.00) and other good and
valuable considerations to said Grantor in hand paid by said Grantee, the receipt of
which is hereby acknowledged, the Grantor hereby grants to Grantee the easement
described below.
2. Easement area.
The location of the easement area on the servient estate is as follows: all of Block 21,
Lot 6, Amended Plat of Key Largo Park Subdivision, according to the plat thereof
as recorded in Plat Book 3, Page 162 of the Public Records of Monroe County, Florida.
3. 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 construction or placing of buildings, fences, roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground.
b) 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.
c) No excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material
substance in such manner as to affect the surface.
d) No suffering, permitting, or allowing invasive exotic species such as Australian pine
(spp. Casuarina) or Brazilian pepper (Schinus terebinthifolius) to exist.
e) No transfer of development rights to or from the easement area.
4. Rights reserved by Grantor.
Grantor specifically reserves the right to plant non-invasive species of trees and flowers
in accordance with all applicable federal, state, and local regulations.
1
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. Modification of easement.
No modification of this easement is binding unless evidenced in writing and signed by an
authorized representative of the Grantee.
7. Attorney's fees.
In the event of any controversy, claim or dispute arising under this instrument, the
prevailing party shall be entitled to recover reasonable attorney's fees and costs,
including appeals.
8. Entry of Grantee's representative on the servient estate.
The Grantee may enter upon the servient estate, after first furnishing the Grantor no less
than 24 hours notice, for the purpose of inspection to determine the Grantor's
compliance with this Grant of Easement.
9. Notice.
Any notice provided for or concerning this grant of easement 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 Grant of Easement.
IN WITNESS WHEREOF, each party to this Grant of Easement has caused it to be executed on
the date in the first sentence of this Grant of Easement.
Witness
Grantor: Michele Carnohan
Witness
SWORN TO AND SUBSCRIBED before me this
2001, by
me or has produced
identification.
day of
, who is personally known to
as
Notary Public, State of
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Mile Marker
100.2
Island
KEY LARGO
Property
KEY LARGO PARK