Item M01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 18.2003
Division: Growth Management
Bulk Item: Yes -K- No
Department: Environmental Resources
AGENDA ITEM WORDING: Approval for a Grant Conservation Easement for Lot 13-16, Block 7
Anglers Park, Monroe County RE#00552150-000000, 00552160-000000,0052170-000000, &
00552180-000000.
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. Dudley
REVENUE PRODUCING: Yes
NoX AMOUNTPERMONTH Year
APPROVED BY: County Atty ~ OMB/Purchasing N/ A
. sk Management N/ A
DIVISION DIRECTOR APPROVAL:
,AICP
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDAITEM# ~/
r
Grant of
Conservation
Easement
THIS AGREEMENT is made this _ day of
Thomas E. and Shawn M Dudlev
whose address is P. O. Box 2843 Key Largo Florida 33037
County of Monroe State of Florida , (Grantor) and Monroe County, a political
,20
by and between
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
550 Bonito Avenue, Key Largo Florida 33037
(the servient estate), more particularly described as follows: (Legal description) Lots 13-16 Block 7
An~lers Park Plat Book 1 pa~e 159, Monroe County Records, RE# 00552150-000000,
00552160-00000~ 00552170-000000&00552180-000000
The Grantor desires to develop the servient estate as (describe project):
A sinl!:le family home as shown in oermit #01-3-2442
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
Dudley GOCEA L13-l6B7 Anglers Park
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 smgle 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 mstrument
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.
Dudley GOCEA L 13-1687 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.
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 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 bmding only if evidenced III 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 mstrument, the prevailing party
is entitled to recover reasonable attorney's fees and costs.
9. Entrv 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 furmshed by a private camer. to the
respective address of each party as set forth at the beginning of this Agreement.
Dudley GOCEA L13-16B7 Anglers Park
3
.Jun U~ U;;t lU:11a
vr-owtn "et
l;;tUtlJ~HH-~HtI..
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TN WITNESS WHEREOF. the pllrtk.'8 her~ta h:lVC set their hlinds and ~<::.I" thlo d'l)! and )'c:;:!r /ir"
.,boy!: writlt'll.
(SEAL)
A 1"rEST~ DANNY L. lWLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, flORIDA (Grantee)
By
By
Deputy Clerk
Mayor/Chainnan
Printed nll~ of wiblC:Sli
~.i,~
E1/~ R. "J,HNSD;.)
4.:1<) ~~-.J~~
$ignanlre (Of witl1e!t1l
~/?1A/~~
Pnnted name of witneS!:
Prinled 1\lI1ll!! of GI.anlor
STATE OF FLORIDA
COUNTY OF MONROE
8EFOREME. ~ Wldcrsigned authurity, pcnonally appuredTh~ClS E. Ou J.I-t'~
;md Sh.o. ~~ ~ ~ u.. A. I ~ .who lire persol\lllly known to me, or hav., produced
and
, re~'ltvely
1I~ identification.
Sworn 10 and sUbscribed before me this
~Q:l day OfLl1~ . ZI!. Q..:L
~ .
/~-/h6if.t5
NattilY Signatu. and Selll
--r.;;:. '" ~ V j e.("S u.1 'L
Typed Notag Name .nd Number
~ ~ Cf , I./c.".~
Oudk>' GOC~ 1I3.1687 M!;len p;uk
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9ISE<::S<::S0E.OI 3~1~~O AIr.... AINno~ 30~NOWWO~~ 81 'bl E0-~0-Nnr
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(If Applicable)
ON-fUr-...; ~(\jK
(Name of Mortgagee)
I:J. (" </ () (~-.'",-,,)fS{ i-\~ I-h.L'Y
, whose address is
, City of f-i A,;Z/1Th0r--
A( t.L~'/'2..( Of'.
County of ("" ,) 1'0 f,' C.'f2. State of
having a record interest in the lands described in the Conservation Easement Agreement between
1Ii~NA"7-, t: ->I- SltlWN HI'uG'-.E'i Grantor, and Monroe County, Florida, Grantee, hereby joins in, consents,
and ratifies that Conservation Easement at
below.
l-/ f\/vh 11 ~ t-.-.;
(Place of Execution)
on the date indicated
~.' ~ 0{ ~, Mortg.ge,
'~~.- ,f.
__\J ~. ~'. .
STATE OF FLORIDA
COUNTY OF MONROE
,J'
Iv!,,!
day of ! /.h I
SWORN TO AND SUBSCRIBED before me this
,""?'..p.
2o::~2, by //I\."y L f((('L
, who t~ personally known t'o me or has produced
as identification.
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Typed Notary Name and Number
Notary Signature and Seal
,.,.,::--.~ Joy E Wilson
. ~; ~ I>Itf Commission CC900050
, .. ,. ,.". E.pires January 27, 2004
Dudley GOCEA Ll3-16B7 Anglers Park
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