Item K02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 15,2002
Division:
Growth Management
Bulk Item: Yes X
No
Department: Environmental Resources
AGENDA ITEM WORDING: Approval for a Grant of Conservation Easement for Lot 9, Block 6,
Harbor Course South, Section 2, Ocean Reef, Key Largo between William A. Frack, Jr. and Monroe
County. The Real Estate Number is 00573700-000900
ITEM BACKGROUND: None
PREVIOUS REVELANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
$28.50
BUDGETED: Yes N/ A No
COST TO COUNTY:
None (paid by William A. Frack Jr.)
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Atty ~
DOCUMENTATION:
Included X
Risk Management N/ A
DIVISION DIRECTOR APPROVAL:
To Follow
Not Required_
AGENDA ITEM # +
DISPOSITION:
Revised 2/27/01
~~
Grant of
Conservation
to.
Easement
THIS AGREEMENT is made this _ day of
,20
by and between
William A. Frack, Jr.
whose address is
24 pocks ide Lane, PMB 59, 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
8 Bayberry Lane, Ocean Reef Club, Key Largo, Florida 33037
(the servient estate), more particularly described as follows: (Legal description) Lot 9 Block 6 Harbor
Course South, Section 2, Ocean Reef Flat #17 Monroe County FB 7 Pf! 52
RE# 00573700-000900
The Grantor desires to develop the servient estate as (describe project):
Single family home as shown in permit # 99-3-2036
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
Frack L9B6 HCS II
1
Document Prepared by Jean Reisinl!er
Address 88800 Overseas Hil!hwav
Tavernier. Florida 33037
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 permit for single family home
and in order to comply with Sec. 9.5-336, Momoe County Code, the Grantor hereby grants to Grantee the
easement described below.
2. Character of the easement and governing 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 ofIoam, peat gravel, soil, rock, or other material
substances is such manner as to affect the surface.
d. No activities detrimental to drainage, flood control, water conservation, erosion control
and soil conservation.
2
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 plantin~ 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 ~s 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 onegistered 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
above written.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year fIrst
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By
Deputy Clerk
~~~, ~
(~ L"vl/C
~ted name ofwilne" <-ci!1!r
,Vyf~(j~ hew
S!)j1a:;anll Di?rtNj)cG
Printed name of witness
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
By
Mayor/Chairman
U-
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Co' .~
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Grantor
and
Grantor
W\ U ,'aIM, A
Printed name of Grantor
Printed name of Grantor
STATE OF FLORIDA
COUNTY OF MONROE
~
BEF~ORE ME the undersigned authority, personally appeared ~ )\ l...l...... ~ (\.A... ,A... . \- K,..A.C~ ~
and ~ ~ ,who are personally known to me, or have produced
/'
~~cl...~~~\ ~d.. aq~ (:)
as identifIcation,
Sworn to and subscribed before me this
\\\111',,/ Dale M. Kelleher
..,,~y PIJ. ',- 035284
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Thru
Co.,Inc.
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, respectively
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02/06 2002 16:29 FAX 6103765610
FEB-05-2002 TUE 03:33 AM
Stevens & Lee
FAX NO.
~008
P. 07/09
(If AppUcablc)
~ir~t Commnn\tv Bank. NA
(Nalllo of Mortgaaee)
101 Brookfall Dairy Rd
, wI,OIIo addfeSi is
, City of Elkin
County of' Surty Stato of' North Carolina
hlUling . reeont interett In lb. lAndt d..oribod. in tho COn.serVatlo1\ DAaou)Cut ASI'oollNnlbetwlSell
Wi;J.l!am. A. Frack
Grantorl and Monroo County,l/lorJda, Grantee, hereby join. in, comenta.
8 Bayberry Lane, Ocean Reef Club
and raUnes that CouSClrvation lWernenlat Key Lar~o. FL ~3037 ou tOO Wtto IndiCAted
oolow. (P18oo otB~~tioll)
~
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, Mortaaseo
Donald W. Macaulay
srUTIUl&81..Alljl)v\. STATE OF NORTH CAROLINA
~1l~81l.wQVII~OUNTY OF SURRY
SWOIl.N TO AND SUIlSClUllBD botblo IllO Ibl. .:J v,- dqy o~ b\U11~ J
20p,1 b''tt.....\~ \l '\ . \\~ a\0fu.~ . ~t. po.....1b: kIlO"" io ~.; Iw produced
as idelltifioation.
MarilV9 K. Hale
1)pcd Notary.Nanlo and Number
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Not&\ry Signature .lill SoaJ
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