Item K03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 18, 2002
Division:
Growth Management
Bulk Item: Yes X
No
Department: Environmental Resources
AGENDA ITEM WORDING: Approval for a Grant of Conservation Easement for Lot 13 and 13A,
Second Corrected plat of Coral Coast, Key Largo, Florida between George and Sharon Nyman and
Monroe County. The Real Estate Number is 00555231-001300
ITEM BACKGROUND: None
PREVIOUS REVELANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
$28.00
BUDGETED: Yes N/ A No
COST TO COUNTY:
None (paid by Mr. and Mrs. Nyman)
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Atty ~ OMB/Purchasing N/ A
/~
DIVISION DIRECTOR APPROVAL:
Risk Management N/ A
DOCUMENTATION:
Incl uded X
To Follow
Not Required_
AGENDA ITEM # ~ ~
DISPOSITION:
Revised 2/27/01
~~/
Grant of
Conservation
Easement
TillS AGREEMENT is made this _ day of
,20
by and between
GeorJle C. Nvman, Jr. and Sharon Nvman
whose address is 113 Coastal Drive, 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, F133040 (Grantee).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
113 Coastal Drive, Key Largo, Florida 33037
(the servient estate), more particularly described as follows: (Legal description) Lot 13 and 13 A
Second Corrected plat of Coral Coast, PB 7 p~ 63 Monroe County Records,
RE# 00555231-001300
....
The Grantor desires to develop the servient estate as (describe project):
A single family home and accessories as shown in permit #95-3-2810
The servient estate contains (describe relevant natural features):
Declared High Quality High and 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 welfure. Sec. 95-336 of the Grantee's land development regulations requires that
Nyman GOCEA
- I -
Document prepared by: Jean Reisinger
Address: 88800 Overseas Highway
Tavernier, Florida 33070
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 a single family home
and in order to comply with See, 9.5-336, Monroe County Code, 1he Grantor hereby grants to Grantee the
easement described below.
2. Character of the easement and governing law.
This easement is a conservation easement WIder See. 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.
/
Location of the easement. (metes..and wWlds dl;:,~~ ofthe-epen...spaGe~ea) /': -G
v
The conservation easement is located as follows
3.
a.
as shown in Exhibit A attached
b. The location of the easement is also described in the diagram attached to this instrwnent
as Exhibit "A" and, by reference, made a part of as fully and to the same effect as if set forth in this
instnnnent in its entirety..
4. Restraints imposed bv the Conservation Easement.
...
The conservation easement granted by this instnnnent 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 ofloam, 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.
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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 plantini: of non-native plants.
5. Terms and persons bound.
This conservation easement is perpetuaI, 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 reoresentative 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.
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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 COUNfY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
By
By
Deputy Clerk
Mayor/Chairman
~~--.~~
Signature ot ~Itlless r I / r /
(!f}Y .f)~. f::; tll/ I 5 ~
P inted name of wi ess
. ature of witness
0EflAJ I}. AJoltK
Printed name of witness
~/___---z:~~~~>
Grdutor
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.eID{jYh;;;;;oe ~ 1M()
Grantor
\.51;11(0/7 MIIJJI1J1
Printed name of Grantor /
ST A TE OF FLORIDA
COUNTY OF MONROE (l
... BEFORE ME, the undersigned authority, personally appeared {)@":=v- q L dJC(.iTXL./l
and L >h/tYDt1. 1.1 { /11~.{ ./ ' who are personally known to me, or have produced
j r. L:c -- rL and ~f. L c:- - FL
, respectively
as identification. #- /l
Swom to and ,"bscdbed befoee me lbis B--- rtf Ua'J{.{ ~o 0 L
{b(l()f{ Ii 5),io!Cs ~ X_
Typed Notary Name and Number Notary Signature and Seal
~~*~r~> Connie D. Shields
ti,"~\:~ MY COMIv1I~""ON # D0046822 EXPIRES
"7'i'~o<:l August 6, 2005
"",?r'It;I~"" 9OHDEo THRU T~JY FA.IN tNSl..ltANCllNC.
r-- ...-----..-.'-
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i
Nyman GOCEA
(If Applicable)
'-.<:f. T S 74Jc (3,/11";).; e;:- FL k<...y:::-.
(Name of Mortgagee)
, whose address is
9 7 "-~ 7[; ()() ~{ ~(' vtS i+~~j
, City of
1:- ~J
I /'.:) J....',
1,- .' ...., i
I
County,of ,"v? 0 fj (!c e State of f' L
having a record interest in the lands described in the Conservation Easement Agreement between
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v !< " -:.:t e. I.u J (v\. -'"1'.......
Grantor, and Monroe County, Florida, Grantee, hereby joins in, consents,
/ - ,
and ratifies that Conservation Easement at (:.;, r:... tV C ,~:\ ~ ~ Lz ~ 13 r/ "'~n the date indicated
below.
(Place of Execution)
Witness
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(~1;i /r~/'/I /
/f (' ,,:, / j
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~
, Mortgagee
~t.f ,. rd1:. .(;[4 ( /~f::ir
STATE OF FLORIDA
COUNTY OF MONROE
SWORN TO AND SUBSCRIBED before me this
1 c-,(\ I I
I l
day of
, ',_ . J '
1.\\, i,,! ,"'-
T ," ,. j- ,
200), b~ ~ (VI h t-,-=-,!~.:.-.C :..,,1 , who is personally known to me or has produced
--------
as identification.
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Typed Notary Name and NumJ:>er /)
I '
~G,0il <; ,U;G1'J1~Yj-y,-, .
Notary Signature and Seal d
l~~:' '#~~,- DEBRA J: CHAMPIGNY
I.: ;*: MY COMMISSION # DD 055522
~"" ..i;,~ EXPIRES: Septemoer 9, 2005
..,~p'f.:r..~;" Bonded Thru NOIary Public U_
Nyman GOCEA
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