Item B01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 19,2001
Division:
Growth Management
Bulk Item: Yes X
No
Department: Environmental Resources
AGENDA ITEM WORDING: Approval for a Grant of Conservation Easement for Lot 14, Block 3,
Harbor Course South, Section 4, between Bruce and Isabelle Miller and Monroe County. The Real
Estate Number is 00573670-001400.
ITEM BACKGROUND: None
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: None
ST AFF RECOMMENDATIONS: Approval
TOTAL COST:
$28.50
BUDGETED: Yes N/A No
COST TO COUNTY: None (paid by Bruce and Isabelle Miller)
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Atty ~ OMB/Purchasing N/ A
DOCUMENTATION:
Included X
Risk Management N/ A
DIVISION DIRECTOR APPROVAL:
f Growth Management
Not Required_
AGENDA ITEM #J -41
DISPOSITION:
i~
Revised 2/27/01
. '
Grant of
Conservation
Easement
THIS AGREEMENT is made this _ day of
Bruce and Isabelle Miller
,20
by and between
whose address is 24 Dockside Lane, Ocean Reef Club, Key Largo Florida 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).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
14 South Bridge Lane, Ocean Reef Club, Key Largo Florida 33037
(the servient estate) more particularly described as follows: (Legal description)
Lot 14 Block 3 Harbor Course South Section 4, RE# 00573670-001400
The Grantor desires to develop the servient estate as (describe project):
A sine:le familv home as shown in Dermit 98-3-3017
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
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 plantin2 of non-native plants
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. 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. 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)
A TTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
By
By
Deputy Clerk
Mayor/Chairman
l~ll~
I
J e Sc~a r -e'C-.
ame of witness
Grantor
rYlC/Cf:;- ~ //f'/LL-0-
Printed name of Grantor
~Ol"1~ ~ [}UOOPh
Grantor -
'tSABG.W-G. f: M\'~
Printed name of Grantor
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personally appeared f)f U rC R. ('f\1 \ \e r-
and L"$ &e\\::: r. m " "t' I ,who are personally known to me, or have produced
I~[{~ P-'cxj-npf')
as identifIcation,
Sworn to and subscribed before me this
and S\A2..0 n ne ~u.Ct r(>2.
, respectively
d')
day of Fe b( \.to (j
,200 ,
Peb2cca r;~h CC'4tV.~I~I~
Typed Notary Name and Number
No
_,-;Jif.rft..;;._. REBECCA FITCH
ff-'( ~"'f~ MY COMMISSION' CC 637513
;~'~':R: EXPIRES: August 9, 2001
-/,"r..9'r::M:--- Bonded Thru No!IIy PubIlc Underwrllere
4
MAR 21 I 11'1 15: 27
FROM W E,P.A. BROWARD
PAGE.lalal
CONStNT OF MORTGAGEE
This Consent ot Mortgagee (the "Consent") is being ~Jl,tn~uted this..2 / day of March, 2001
by GIOnAL TAR BANK, FSB (the "Mortgagee II).
WHEREAS MortOO'lOp.A is the owner and nolder of that cenaln Mortgage givtm uy BRUCE R.
MILI.ER ond ISADtLLt F. MILLER, huoband and wife (the ~Mo"gagor") in fevor of Mnrtgllgee dated
DecembAr 9, 1999 and recorded In Official Records Book 1809, Hl Pay" 1397 of the Public; nccords
of Monroo County, Florida (the "Mortgage*), encumberino thA follOWing described property (the
"Property"):
LUL 14, 61uelo. 3, HARDOIl COURSE SECTION FOUR, OCEAN REEF PLAT NO. 1:3, according
Tn the plat thereot. as recorded in Plet Book 7, at Page 8, ur lh" Public ReGords of Monroe
County, Florida
WHEREAS Borrower des:irf,U; 10 AXF!Cute end deliver to Monroe County a Grant of Conservation
Easement (the .Ea~"rrltlIlLD); and
WllEnEAS Borrower hae requested Mortgagee to eOn!~ent to sLlch FO'l~p.mAnt; Rnd
WHEREAS Mortgagee has agreed to $ueh ~nn!;'mt.
NOW THEREFORE, in conSideration hereof, and otner good and valuHbl~ uun~i\Jtlrl:lliulll'i, Lhe
Mortgagee dOllO hereby oonsent to the Easement.
IN WITNESS WHEREOF, the MOrt(J8aea hR~ ClI'IlI!;Rd these presents to be duly Signed and
delivered as of the \JCfLtlltm.l yOlllr first above written.
WITNESSES AS TO
../ M~ATG~EE:.
,..'_4~~ /~
~ p'int~~^~~/
rteaM': . 't!JrdDn
aIBRA~
By: C/~
As Its: -<;~' p
t:C'S'r 0,,:> GS ,1, A,J
5TATE OF FLOnlDA }
COllNTY OF MONROE}
I HEREBY CERTIFY thul, UfI llJi~ Utly, before me, an offiGltr duly authorized in the State and
County aforesaid to adminiSTAr muh!'l and take aCkno~dgmonts. personally appeared
R.n'S:7' GoSSmG..~ as aSeV"l' ()'( '\J iQe.. \ yeS. of GIBRALTAR BANK,
FSIf." who, ::lfrAr hF!ing dulV sworn, aCKnowledgea belore me the executton 01 tne foregoing Instrument
for the purposes therein c~preoood, and who ir: personally know to me, or who has produced _
iZrr\~l -to mE' ~ as Identification.
JAMIE N, AlBURY
MY COMMISSION # CC 907610
EXPIRES: February 3. 2004
lie..... TIllY NOlIIY ~UIlIIll UndltWlltIrI
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EXHIBIT -A-
LOT 14. BLOCK 3 OF - HARBOR COURSE SOUTH
SECTION FOUR OCEAN REEF PlAT NO. 13"
RECORDED IN PlAT BOOK 7 AT PAGE 6 OF
PUBUC RECORDS OF MONROE COUNTY. FLORIDA
CONSERVATION EASEMENT AREA - ~~
F IP 1'1"
_to.
(11lIISS CCAU)
SCALE: 1-.30'
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