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Item J01BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 16, 2002 Division: Growth Management Bulk Item: Yes X No Department: Environmental Resources AGENDA ITEM WORDING: Approval for a Grant of Conservation Easement for Lot 3,4,5,6,7,8,9, Block 13, Anglers Park, Key Largo, Florida between Enrique A. and Gemma Jordan and Monroe County. The Real Estate Numbers are 00553290.000000,00553300.000000900553310.000000, 00553320.000000, 00553330.0000009 00553340.000000 and 00553350.000000. ITEM BACKGROUND: None PREVIOUS REVELANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: $24.00 BUDGETED: Yes N/A No COST TO COUNTY: None (,paid by Mr.and Mrs. Jordanl REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DIVISION DIRECTOR APPROVAL: DOCUMENTATION: DISPOSITION Timothy Included X To Follow_ , AICP Not Required AGENDA ITEM # —,Z.Z Revised 2/27/01 Grant of Conservation Easement THIS AGREEMENT is made this day of Enrique A and Gemma Jordan whose address is 14665 Old Cutler Road, Coral Gables Florida 33146 20 by and between County of Miami Dade 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 440 Barracuda Boulevard, Key Largo, Florida 33037 (the servient estate), more particularly described as follows: (Legal description) Lots 3-9 Block 13 Anglers Park, Monroe County PB1 pg 159, RE#s 00553290.000000, 00553300.000000, 00553310.000000, 00553320 000000 00553330.000000, 00553340. 000000 & 00553350.000000 The Grantor desires to develop the servient estate as (describe project): A single family home & accessories as shown in permit #s 97-3-646 99-3-1525 (pool) & others The servient estate contains (describe relevant natural features): Moderate 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 Jordan GOCEA Lots 3-9 Block 13 Anglers Park Document prepared by: Jean Reisinger Address: 88800 Oversea Highway Tavernier, Florida 33037 -1- 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 Sec. 9.5-336, Monroe 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 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 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. Jordan GOCEA Lou 3-9 Block 13 Anglers Park - 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. 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. Attorney'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. Jordan GOCEA Lots 3-9 Block 13 Anglers Park - 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 Deputy Clerk Printed name of witness Signature of witness Eton^0-- 1�^ Printed name of witness STATE OF FLORIDA COUNTY OF MONROE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (Grantee) P ' ed name of Grantor Grantor (aeuuA- �,=RuAu�EL Printed name of Grantor APP NDI O SUFFICY � BY ty's Office Atorne BEFORE ME, the undersigned authority, personally appeared &'44UC AL W1DIA; and C/Y� i11 �-Q /Ma n/p who are personally known to me, or have produced and respectively as identification. Sworn to and subscribed before me this EROIAESAEIssAbtl� Typ d =PIRESAP61 808X, WBondW UnditMIMf� Jordan GOCEA Lou 3-9 Block 13 Anglers Park - 4 - - --- - - "EXHIBIT A" BARRACUDA BOULEVARD _ I,.Be69@b fnd i(A)9 _ _ sure E, ,vfia. Co PVe/4t r. colum Co,Corcot . Ir fn°. -ctx. olvnn c°p coP Co,- i k' lM< .2' N. C. N.nc. _I. S n 34 77' Pl. / 34.76' C. 50' C / 49.99C cor + M. Pipe/cnp {JPlpe/° sat C.P 1 N. �g. AREA OF CONSERVATION EASEMENT 9' (Hatching) Cor. < 5' SE i 2 SE L^ Cor. caumo -� 5.7. SE. Q NORTHlp N.T.S. G' w0 'S t D D �/ �/� Cor. c01w+n. • . s pNv. E f✓ � r � v„ I r.pcQ. 5-prvv. x 10.5' Nv O P E N 1 I _ 10.6, '\ /ri / \T. YW 0 4D.E s,,,ea6WW6W®W®@Wy �WWW a� 4el�®WWBr �yWWWW. PY°A"IWWr� 1®IW. �WWWW�W1. �yWWWWW W2:© h • I — di — - 227_89'CL& M_lV "1 — v er tl<al So•cuc Shocdin< I I W M A R V I N D. A D AIM S W A T E R A Y (CROSS KEY LARGO WATERWAY) �IIc �a o a � J ---g4— Plat J ---g4' Plot — ---'----- —_�54' Plct--— _ Legal Description: Lots 3,4, & 5 and that portion of Lots 6,7,8, & 9 Lying North of the Cross Key Largo Waterway, Block 13 ANGLERS PARK, according to the Plat thereof, as Recorded in Plat Book 1 at Page 159 of the Public Records of Monroe County, Florida. Street Address: 440 Barracuda Boulevard R.E. Number: (house lot RE): 00553290-000000 L (U � 'r cWu•n'i ,. E v � � C°r cwy n 7' C rn s Pl &M. c t, 0 V, C U 7 u T a y Q f o+ r aV PK Nall V 116C 1B1t6: © ria. ^' Cor. cayn _ on tlrx Cor. •n11 0.<' f SOURCE: David Massey Survey Date: 05/30/02 Drawing No.: 5474 6 SHEET 1 of 1