Item L03
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 10, Block 2 of
the unrecorded Plat of Ocean a, Monroe County, Florida. RE# 00085340-000101.
ITEM BACKGROUND: none
PREVIOUS RELEVANT BOCC ACTION: none
CONTRACT/AGREEMENT CHANGES: none
ST AFF RECOMMENDATIONS: approval
$24.00
BUDGETED: Yes N/ A No
TOTAL COST:
COST TO COUNTY: None
SOURCE OF FUNDS: Mr. & Mrs. Migala
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
DIVISION DIRECTOR APPROVAL:
Risk Management N/ A
APPROVED BY: County Atty ~
DOCUMENTATION:
Included X
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM # / u
Revised 2/27/01
~~
Grant of
Conservation
Easement
THIS AGREEMENT is made this _ day of
,20
by and between
Theodore A. MiJ!ala, Jr. and Mary Jo MiJ!ala
whose address is 766 Dolphin Avenue, 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
766 Dolphin Avenue, Key Largo Florida 33037
(the servient estate), more particularly described as follows: (Legal description) Lot 10 Block 2 of the
Unrecorded plat of Ocean a, Monroe County Florida RE#00085340-00010J
The Grantor desires to develop the servient estate as (describe project):
An accessory l!aral!e as shown in oennit # 01-3-3581
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
MIGALA GOCEA
00085340.000101
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
conditioo if the servient estate is to be developed as an accessory garage.
The parties agree as follows:
1. Grant of easement.
In consideration for a development permit for an accessory garage
and in order to comply Jith Sec. 9.5-336, Monroe County Code, the Grantor hereby grants to Grantee the
easement described below.
2. Character of the easement and l!oveming 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 instnnnent
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 instrwnent 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.
MlGALA GOCEA
00085340.000101
2
e. No dumping or placing of soil or other substance or material as landfill or dumping or
placing of trash, waste, or Wlsightly or offensive materials.
f. No p1ant~ of non-native plants.
5. Terms and persons bound.
This conservation easement is perpetual, nms 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 Wlderstanding
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 Wlder 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 detennine 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.
MIGALA GOCEA
00085340.00010 I
3
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
(SEAL)
ATTEST: D~L.KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
By
By
Deputy Clerk
Mayor/Chairman
~ -
--~
Ignature 0 WitnesS
C ItJe./~t7~ t:.. )1, cLLLs
~~~
S ature 0 WitnesS
a 1 0
''"rm~/")tI.4 -2j'A-/l/~E"V
Printed name of witness
Grantor
--rt't:o
Printed name of Grantor
GJ..~~~
r1 Ai<. \/ J-o )1, G. t\ LA
I
Printed name of Grantor
ST ATE OF FLORIDA
COUNTY OF MONROE
-
BEFORE ME, the undersigned authority, personally a eared l f..! eo OJR. t= IY1 I ('" Ii LA
and (Y] A ~ r J 0 (Y) In A (... A ,who ~sonally known to e, or have produced
and
, respectively
as identification.
Sworn to and subscribed before me this
13 dayof 5 CPTErnI3E.e, 20 Od-.
-~~~~
ttGc,~ SlAt bi(YA,J
Typed Notary Name and Number
AP:t:ROVED AS TO FOR
ANt> LEGAL SUFFICT . 'CY
B~;_
"~=/ Attorney'~ Office:
o A N ARYSE.AL
PEGGY SUE BRYAN
NOTARY PUBLIC STATE OF FLORIDA:
COMMISSION NO. DD1126% .
MY COMMISSION EXP. M.,,-~...!.!}~!"
MIGALA GOCEA
00085340.000101
4
, .
'."t::)'
, .. a .
,r
." . \).
. ~
.....;
:; Z '.
"
I . J :
. ,. ...... .
,. ...."
. , <'"
. ,. ~..'
. - .
;' . ~
'" c:".
. .'!\\ .
. . ~" . ~
-<-
'./
.....
...;,.....
-tt:-
'--1"
';?)
\~
('>~
.o.H.x~
3 3 ~ z
r:~2:7\
"r::I:('~
,~ 0 m 0
U> G' ~ 0
~ ~ 0 0
:;0'2.
}('<o
\7
(\cr>
- r
Z:t.
Z 0
~^
3(1'
o~
ZtJ
[J>
~
~
7\
Ir
~ ~~ \
#: ~~
B (0 ~
~J k
~3~
o Q v
I ~
R ~ ~
Q. ~
o
- \1
r
r-~
0_
;G\
-~
~Q s:
t:>
i)J
r
D
l'
T
t-:>
Co- 3 -Q-t 0 iC.J~
-- .. (' ,"
. . .f\' (b r ~
. . .3' ' ....c.,,:r:
.
. .. Z :' , -
, Og-"
.. J
. .~ '
. (J1 ~-f
0
. . " I' 0 eo ~
. .<.' " :s-
H ~
. . fr'I . -:tT ..... ,
. Z" ~
. ~f
. . c,
. .
. . .I\\"
105' Co '3 .Pt-
. . . '.
, . (,J
0
Vi
-.::J
4d-.Q.r
II
-e:t. ~
f'l)o~ 0
~ ~~.
~()~
(b ~
G <;0 ~
~\~
(:i,
c.
~7
~~