Item L01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 19,2003
Division: Growth Management
Bulk Item: Yes X
No
Department: Environmental Resources
AGENDA ITEM WORDING: Approval for a Grant Conservation Easement for Lot 32, Block 7
Harbor Course South Section 3 & Pt. Tract A, Ocean Reef. RE# 00573710-003200
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ITEM BACKGROUND: none
PREVIOUS RELEVANT BOCC ACTION: none
CONTRACT/AGREEMENT CHANGES: none
STAFF RECOMMENDATIONS: approval
TOTAL COST:
$28.50
BUDGETED: Yes N/A No
COST TO COUNTY: None
SOURCE OF FUNDS: Mr. & Mrs. Davidson
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Atty ~ OMB/Purchasing N/A
Risk Management N/A
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow
Not Required
AGENDA ITEM # L/
DISPOSITION:
Revised 2/27/01
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Grant of
Conservation
Easement
THIS AGREEMENT is made this _ day of
,20
by and between
Barry and Paula Davidson
whose address is 6493 Sunset Drive, Miami, Florida 33143
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, Fl33040 (Grantee).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
437 South Harbor Drive, Key Largo Florida 33037
(the servient estate), more particularly described as follows: (Legal description) Lot 32 Block 7
Harbor Course South Section 3 & Pt. Tract A, Ocean Reef Plat #18, PB 7 Pf!. 53
RE# 00573710-003200
The Grantor desires to develop the servient estate as (describe project):
A single familv home as shown in permit 01-3-871
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
Davidson L32B7 GOCEA
- I -
Document prepared by: Jean Reisinger
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 ~th 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 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 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.
Davidson L32B7 GOCEA
RE# 00573710.003200
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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 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
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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.
Davidson L32B7 GOCEA
RE# 00573710.003200
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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 COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
By
By
Deputy Clerk
Mayor/Chairman
Jq ~ e,.-
Grantor
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D~I ~.\ ~
~d name of wilne"
h OAA (lh 0I1A.-h.J
Sig ature of witness
hare0-fJe,meNTJ
Printed name of witness
-P rL.t c.-
G){Iltor \
Vo..u a
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Printed name of Grantor
STATE OF FLORIDA .
COUNTY OF M5Im.0EM 1A-rv't \ - DA-OE
BEFORE ME, the undersigned authority, personally appeared 50 n '--i DfuJ \ D~)ll:) PALt-A l:::Y\v \ OS;) ()
and
,who are personally known to me, $ h:iI"9 J}fvdu~e;:d
and
, respectively
as idem1iieaaen.
Sworn to and subscribed before me this
-*t
,')
dayof bcQi''VL~'- ,20C2-
Typed Notary Name and Number
-ilo..lU'-j E dt..,~~ h..'1
Notary Signature and Seal 0
..,~';f.\'f""'" Nancy E. Freinberg
}'"J:iI. ~;~ MY COMMISSION I CC832072 EXPIRES
~"~'~; July 13, 2003
~'1,1fii;';':cf>" BONDED THRU TROY FAIN INSURAW:E. IN<:.
"11111\"
Davidson L32B7 GOCEA
RE# 00573710.003200
4
(If Applicable)
G I G~l..rArL eArV/'--
(Name of Mortgagee)
;:J- ')...&1 A I.. H7::l m <1,JU+. C I A C l- &
, whose address is
, City of
Co Uk..
~I?>L-!.$ ,
County of .]:)~o L
State of
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having a record interest in the lands described in the Conservation Easement Agreement between
6 4-"Mr.- 't ,o.-,v I'() :s ~ ,..I
~Au L-~ ~I.().:s ~,..j
Grantor, and Monroe County, Florida, Grantee, hereby joins in, consents,
~ ~ 1" 3. LJ L4 G/~ "1 !l-A1f..I3,-,- Ct?'tA U:. SEcr,,#tI.3
f PI: r~'f" I""t, Oc.c.~ ...(~ .,.,~ ./4= It' 7"'~ '1 ~ 5 ~
and ratifies that Conservation Easement at /2f.,f;f ooS '13110 - ~~.i.2~t1 on the date indicated ?
below.
(Place of Execution)
Witness
, Mortgagee
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STATE OF FLORIDA
COUNTY OF MONROE
SWORN TO AND SUBSCRIBED before me this
l, c.
day of D e... ('
20U ), by nO s. k Co
r f' ".k --r~ Ll '7
H. VV' Ci .......
Ie. V'\ 0 .vy V"'"
, who is personally known to me or has produced
as identification.
C"'e"1\ (~/\il!;'"
Typed Notary Name and Number 5 J i., 2-
~c qo ~
Notary Signature and Seal
l'k.::;;'~:rjJ~< CHERYL GUNTER
rrJi.~ :.~ MY COMMISSION It CC 905262
~.~W EXPIRES: March 1,2004
:f.Nf.,n,lt- BonlMd Thru Notary Public Und.....'n.rs
---
Davidson L32B7 GOCEA
RE# 00573710.003200
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EXHIBIT A
LE6AL. DESCRIPTION
L.OT 32, !lLCXX 1, ~ CORlE &OIlIIl. 9ECTtaI TIRE. OCEAN IIiEEF !".AT NO. It: ACCOIlDI<<i TO TIE !".AT TIEIlECl', A! IIlECOI'PED IN !".AT I!lCXX 1 AT PAGE &3 Of
TIE RIlLlC !IECOIlD& Of MaR:lE CQMT, f\..OQ)A.
AN:)
A RJRTtal Of IWleOR CORlE &OIlIIl. eecTtal TIRE. OCEAN IIiEEF !".AT NO. It, ACCOIlDJoIIi TO TIE !".AT TIEIlECl', A! IIlECOI'PED IN !".AT I!lCXX 1, AT PAGE 63 Of TIE
RIlLlC 1lEC0RP6 Of MaR:lE CQMT. FLORlPA AN:) Of IlEJoIIi I10IIlE PARTlClLAIlL T DE~ A! FOLJ..DII&. IlEGIN AT TIE NORIIEA&T ~ Of L.OT 32, !lLCXX 1.
IWlIIlOR CORlE 8ClUTW, eecTtal TIRE. TIECE N O!lIN'O!l" II ALCHlo TIE EXlEH&1Ol Of TIE EAllTER. T ~INE Of &AID ~OT 32 FOIt 20.12 FEET, TIECE 6 11141'10" II FOIt
1113!1 FEET, TIENCE N -msl'31" II FOIt '1.S3 FEET. TIENCE 6 O2l12'&3' II FOIt lOJ'! FEET TO TIE NORTHIE6T ~ Of &AID L.OT 32. !lLCXX 1. TIENCE 6 -msl'31" E Al.CHS TIE
NORTIEl'l. T ~INE Of &AID L.OT 32,!lLOCX 1 FOIt lOW FEET, TIECE N 11U1'1O" E Al.CHS TIE &AID NOItTlEJIlL T ~INE Of &AID ~OT 32,!lLOCX 1 FOIt D.12 FEET TO TII! !"OINT
Of TIE 1lEG_ C(M AINJoIIi IUIl& 6GIIAIlE FEET, I10IIlE OR LEll6.
NOTE: ELEVATION 0'-0' . .11'-1" ABOVE MEAN SEA LEVEl.
RE · 00513110-003200
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