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Item B2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 21,2001 Division: Growth Management Bulk Item: Yes X No Department: Environmental Resources AGENDA ITEM WORDING: Approval for a Grant of Conservation Easement for Lots 5 and 6, Block 3, Unrecorded Plat of Ocean a, Key Largo, between David Thompson and Monroe County. The Real Estate Numbers are 00085440-000201 and 00085440-000202. ITEM BACKGROUND: None PREVIOUS REVELANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: None ST AFF RECOMMENDATIONS: Approval TOTAL COST: $24.00 BUDGETED: Yes N/A No COST TO COUNTY: 1'~one (paid by David Thompson) REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year DIVISION DIRECTOR APPROVAL: Risk Management NI A APPROVED BY: County Atty ~ OMB/Purchasing NI A CP DOCUMENT A TION: Included X To Follow Not Required_ DISPOSITION: AGENDA ITEM # (j) -/3 L Revised 2/27/0 I i~ Grant of Conservation Easement THIS AGREEMENT is made this _ day of ,20 by and between David Thompson whose address is P.O. Box 628 Tavernier Florida 33070 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 790 Dolphin Avenue, Key Largo Fl33037 (the servient estate), more particularly described as follows: (Legal description) Lots 5 & 6 Block 3 Unrecorded Plat of Oceana, RE# 00085440-000201 & RE# 00085440-000202 The Grantor desires to develop the servient estate as (describe project): A single familv home as shown in permit 99-3-1922 The servient estate contains (describe relevant natural features): Low 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 Thompson, David RE# 00085440.000201 & RE# 00085440.000202 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: I. Grant of easement. In consideration for a development permit 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 e:overnine: 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 it:; 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. Thompson, David RE# 00085440.000201 & RE# 00085440.000202 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 persons bound. This conservation easement is perpetual, runs with the land and is binding on all present and subsequent owners and mortgagees ofthe 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 thi:i 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 tht" 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. Thompson, David RE# 00085440.000201 & RE# 00085440.000202 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 A--//~ Grantor ,()t1I..Vt;j 140/>11'15 or' Printed name of Grantor ' t2-- (s _eofwk5~ '--J~ / ! ___ DL.. cl A- Printed name of witness Grantor Printed name of Grantor STATE OF FLORIDA COUNTY OF MONROE f\ /I BEFORE ME, the undersigned authority, personally appeared jJHi Jlr-i 77-/(;m ~A/ and ,who are personally known to me, or have produced and , respectively as id FFIClAL NOTAXY $..EAL /. / Sworn DlNfIl ~bed befor me this _ NOTARY PUBUC STATE OF FLORIDA COMMISSION NO. CC820788 _M.YSL'.'1'::J~O.T!""Y~~~:'3.:..~OO3 Typed Notary Name and Number Notary Signature and Seal Thompson, David RE# 00085440.000201 & RE# 00085440.000202 4 ? 10 O()JpJ,!/1111/t. /;t.f LfJ..r'jo/ ;'L. 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