Item C3b
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 - Harris Ocean
Park Estates.
Item Background: These transactions are proposed to resolve title issues on three lots the Land
Authority is purchasing as part of the Tavernier Greenspace initiative. Approximately 20 to 30 feet of
the subject 50 x 100 foot lots have been cleared and used as a backyard by the adjoining homeowners.
Additionally, two of the lots have a wire fence along the edge of the cleared area. In order to resolve
this situation, staff proposes selling all three lots to the adjoining homeowners at the Land Authority's
purchase price, subject to a conservation easement. The easement restrictions would follow the land's
current conditions: the homeowners could continue mowing the cleared area and the existing fence
would be allowed to remain, but no additional development or clearing would be allowed.
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 ~
OMB/Purchasing
Risk Management _0
Executive Director Approval:
~'6~Ch
Documentation: Included:
To Follow: X
Not Required:
Disposition:
Agenda Item LA #3b
SALES CONTRACTS
05/17/01
Purchase Envr. Audit, Survey Title Attorney Recording Net
Property Price or Clean-up Insurance Fee Fee Proceeds
Harris Ocean Park Estates (PB 4-126)
Block 6, Lots 4 & 5 $10,170.60 N/A N/A $200.00 $6.00 $9,964.60
(Sutter)
Block 6, Lot 2 $6,657.35 N/A N/A $200.00 $6.00 $6,451.35
(Ryan)
Totals $16,827.95 $400.00 $12.00 $16,415.95
GRANT OF CONSERVATION EASEMENT
THIS GRANT OF EASEMENT is made on this day of , 2001, by
John R. Sutter and Michele M. Sutter of 114 Caribbean Avenue, Tavernier, FL 33070,
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 6, Lots 4 and 5, Harris Ocean Park
Estates Subdivision, according to the plat thereof as recorded in Plat Book 4, Page
126 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 6,
Lots 4 and 5, Harris Ocean Park Estates Subdivision, according to the plat thereof
as recorded in Plat Book 4, Page 126 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 removal or destruction of trees, shrubs, or other vegetation except non-native
vegetation whose removal is authorized by the Grantee.
d) No excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material
substance in such manner as to affect the surface.
e) No surface use except for purposes that permit the land or water area to remain
predominately in its natural condition.
f) No activities detrimental to drainage, flood control, water conservation, erosion
control, soil conservation, or fish and wildlife habitat preservation; specifically no
suffering, permitting, or allowing invasive exotic species such as Australian pine (spp.
Casuarina) or Brazilian pepper (Schinus terebinthifolius) to exist.
g) Acts or uses detrimental to such retention of land or water areas.
h) No transfer of development rights to or from the easement area.
4. Rights reserved by Grantor.
Grantor specifically reserves the rights to conduct the following activities in accordance
with all applicable federal, state, and local regulations within the existing cleared area
labeled "clearing" on survey drawing #4522 prepared by David Massey Land Surveying,
Inc. and dated March 29, 2001:
a) Routine mowing and trimming of vegetation.
b) Maintaining a fence along the perimeter said cleared area.
Nothing in this section shall be construed as providing Grantor the right to cut, clear, or
remove native vegetation outside said cleared area.
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: John R. Sutter
Witness
GRANT OF CONSERVATION EASEMENT
THIS GRANT OF EASEMENT is made on this day of , 2001, by
Bernard J. Ryan and Patricia Ryan of PO Box 901, Tavernier, FL 33070, 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 6, Lot 2, Harris Ocean Park Estates
Subdivision, according to the plat thereof as recorded in Plat Book 4, Page 126 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 6, Lot
2, Harris Ocean Park Estates Subdivision, according to the plat thereof as
recorded in Plat Book 4, Page 126 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 removal or destruction of trees, shrubs, or other vegetation except non-native
vegetation whose removal is authorized by the Grantee.
d) No excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material
substance in such manner as to affect the surface.
e) No surface use except for purposes that permit the land or water area to remain
predominately in its natural condition.
f) No activities detrimental to drainage, flood control, water conservation, erosion
control, soil conservation, or fish and wildlife habitat preservation; specifically no
suffering, permitting, or allowing invasive exotic species such as Australian pine (spp.
Casuarina) or Brazilian pepper (Schinus terebinthifolius) to exist.
g) Acts or uses detrimental to such retention of land or water areas.
h) No transfer of development rights to or from the easement area.
1
4. Rights reserved by Grantor.
Grantor specifically reserves the rights to conduct routine mowing and trimming of
vegetation in accordance with all applicable federal, state, and local regulations within
the existing cleared area labeled "clearing" on survey drawing #4522 prepared by David
Massey Land Surveying, Inc. and dated March 29, 2001. Nothing in this section shall be
construed as providing Grantor the right to cut, clear, or remove native vegetation
outside said cleared area.
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 anslng 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: Bernard J. Ryan
Witness
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Mile Marker
93.0
Island
KEY LARGO
Property
HARRIS OCEAN PARK ESTATES
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