Item M02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 18.2003
Division: Growth Management
Bulk Item: Y es ~ No
Department: Environmental Resources
AGENDA ITEM WORDING: Approval for a Grant Conservation Easement for Lot 20, Block 8,
Harbor Course South Section 4, Monroe County RE#00573720-002000.
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: Excalibur 2000. Inc.- Mita M.
Burke (President)
NoX AMOUNTPERMONTH_ Year
REVENUE PRODUCING: Yes
APPROVED BY: County Atty ~ OMB/Purchasing N/ A
DOCUMENTATION:
Included X
Not Required_
DIVISION DIRECTOR APPROVAL:
To Follow_
AGENDAITEM# ~2-
DISPOSITION:
Revised 2/27/01
~ .
Grant of
Conservation
Easement
THIS AGREEMENT is made this _ day of , 20 by and between
t=X Mf../l3ue. 02000, 11.1. e. - 1"11 n+ M. BUR..k:..€; (AaEoS/O€AJ r J-
whose address is
,3t oeE"/rN ~ DR- - C.36.l- /(,ey lARGO, FL 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, Fl33040
(Grantee ).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
435 Coral Lane, Ocean Reef Club, Key largo Florida 33037
(the servient estate), more particularly described as follows: (Legal description) Lot 20 Block 8
Harbor Course South Section 4. Monroe County Platbook 7 lJa~e 54
RE # 00573720-002000
The Grantor desires to develop the servient estate as (describe project):
A single family home as shown in permit 01-3-2583
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
ExcaliberGOCEA
- I -
Document prpared 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 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.
Excaliber
RE# 00573720.002000
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 landfilI 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 alI present and
subsequent owners and mortgagees of the servient estate. Grantor represents that the mortgagee(s), ifany,
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 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.
] O. 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.
Excaliber
RE# 00573720.002000
3
Jun 02 03 10:538
Gro..t.... 1'If:t.
(305)289-2854
p.6
IN W~ESS WHEREOF. the partie$ hereto have l'et their bands and seals the day and year nest
above written.
(SEAL)
A~ST: DANNY L. KOLHAOE. CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, fLORIOA (GranlC'c:)
By
By
Deputy CIL'f'k
MayorlChainnan
~~~~AH ~
Slgnatun: IlDess
_ Jltflt~y #-tOSS SkUIU u 6
Printed nalRe of wi mess
~~
Ol1Ultor
" I
Ml'" /WI. Ao~/d~ - ~'litfVr
Printed name ofOrantor lae.tl.IGUI:. ~ INt-
Siparure of wi ess
N,'ch)/e J Mc.~.A1l1..
Plinla:d name of witness
Grantor
Printed name of Grantor
STATE Of fLORIDA
COUNTY OF MONR.OE
BEFORE ME, the undersigned authority, penoPlIlly appeMed /VI I rk If.. IJlJJ!Jc..li"
and .who~ ~~onaJ1Y btown to me, or have produced
.~
~E.RTN.~
DATE - z-
-
and
. respectively
as identification.
Sworn to and subscribed befo~ me: this
I'
day of
""A- Y
,20 OJ
Typ.od
"1
Eqibcr
RElllCl~n721l 002000
4
.',
Md NU~'l.
.,------ ".....
.
?
?': / I
3~"'d
9ISC?':6?':S0C'OI 3~1330 A~~'" ^INnO~ 30~NOW'WO~3 St 'bl C0-?':0-Nnr
OS/20/2003 15:51
,..-.-,'---' ........--. .-"-'
3053679969
SUNSHINE 2000
PAGE 08
(If Applicable)
4- L..-, 12
J.. I Iv) /t'( I () )) k , :J IH.) r(. c f )(" t' tlf /::::/-<:.' ((, vA, whose address is
(Name of Mongagee)
,'- -,...... J 'I' .
/ -) 1) 0 A) /< (-<--( ,11 [:
, ,
- /J /1
Couoty of J7 An L. Stale of rf.--c.: I -c( [) TT
having a record interest in the lands described in the Conservation Easement Agreement between
I
I+C[
, City of
11-( "M f 5 /-;;-- /-{ (~)
:: )(O~\','o...r .::looe ~'-. Grantor, and Monroe County, Florida, Grantee, hereby joins in, consents,
j
and ratifies that Conservation Easement at
below.
"\'\":"'IJY'>.O '::. -\-eA..~ ~ L
,
on the date indicated
(Place of EKecUlion)
'-: ( ;;1,<<
, /~ r- ." ~
~. ~ / (
.L~U t L!{,?( Mortgag"
,,-.
STATE OF FLORIDA
COUNTY OF MONROE
SWORN TO AND SUBSCRIAF.:D before me this
'1... -r.b-
c.7""---<-'
day of V"f..-"'"3
20Q].' by C . A ~ few L&-. L.J ~ <.':.4J cs:..
, who is personally known to me or has produced
as identification.
~"\~\t.~'~ Lila M. Bostic
~:r};.'1!:~ MY COMMISSION I CC88385~ EXPIRES
~'~'71 November 16, 2003
".'r..ifr.,-r."t-" 80NDED THQU TQOY FAiN INSU~ANC~ INC
~-d fi'.~_
Norary Signature and Seal
Typed Notary Name and Number
Ellcalibcr
ROil 00573720.002000
5
\\E
"
JOB NO. 00052
SECTION 19, TO~SHIP 59 5., RANGE 41 E.
SECTION 24, TO~SHIP 59 5., RANGE 40 E.
f8 6 , PGS. 41
LEGAl. DESCRIPllON:
Lot 20, Block 8, HARBOR COURSE SOUTH SECTION FOUR, OCEAN REEF PLAT No. 19, according to the Plot thereof;
os recorded in Plot Book 7 ot Page 54, of the Public Records of Monroe County, Florida.
AND
A Portion of Tract B, HARBOR COURSE SOUTH, SECTION FOUR, OCEAN REEF PLAT No. 19, according to the Plot
thereof, os recorded In Plot Book 7, at Page 54 of the Public Records of Monroe County, Florida and being
more particularly described os follows: , , _
Begin at the Southwest corner of Lot 20, Block 8, HARBOR COURSE SOUTH, SECTION four: thence S81 3844 W
along the Westerly extension of the Southerl,r. Line of sold Lot 20 for 19.40 feet, thence N15'J7'09-W for
118:t to the Waters edge: thence S24'40'OO E along the Westerly line of sold Lot 20, Block 8
for 122.25 feet to the point of beginning.
b
'"
~
~
&:
~E it- CD5 7372-00D2{X)O
AddJess: 409 C.D'CL\ L-a.Y\'2."
~CA{ LaS(?, ~~~(
\
L
o
1"
2 ,
10
~
~
'. \ \.
ii>
CERTIfiED TO: /
EXCAUBUR 2000, INC.
\
CJl
o
VI
.
Ul.
-
Ul.
\~
'"
t
i R '" C i
. liE 155,62.' (P)
N81'38,44:( '56.35' (M)
tl8' '425'
/
/
l 0
1"
, 9
NOTES:
1) MEASURED BEARINGS ARE BASED ON THE CENTERUNE OF CORAL LANE BEING N 03'45'15-E (P).
2) THIS SURVEY WAS PREPARED 'MTHOUT THE BENEFIT OF A TITLE POLICY AND MAY BE SUBJECT TO EASEMENTS, RIGHT-OF-WAYS,
RESTRICTIONS AND OTHER MATTERS OF RECORD.
3) NO UNDERGROUND ENCROACHMENTS OR IMPROVEMENTS WERE LOCATED UNLESS OTHER'MSE STATED.
4) ELEVATIONS (IF SHOWN) ARE BASED ON N.G.V.D. 1929 (NATIONAL GEODETIC VERTICAL DATUM 1929).
5) SUBJECT PROPERTY APPEARS TO BE IN ZONE -AE (EL9r AS SCALED ON THE;: -FLOOD INSURANCE
RATE MAp. COMMUNITY PANEL NO. 125129 0666 G, DATE OF INDEX 6/16/95.
6) PRINTED DIMENSIONS SHOWN SUPERSEDE SCALED DIMENSIONS.
7) USE OF THIS SURVEY BY ANYONE OTHER THAT THOSE .CERTlFIED TO- 'MLL BE THE RE-USERS SOLE RISK 'MTHOUT LIABILITY TO THE SURVEYOR.
8) NOT VALID 'MTHOUT THE SIGNATURE ANO THE ORIGINAL RAISED SEAL OF A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER.
9) THIS SURVEY IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS-OR ENVlRONMENTALL Y SENSIllVE AREAS.
LEGEND:
~ ~~~T~c;lH g~c ~~E~ OUT ~ r~~ ~~~ HllU:
SPH ASPHAI. T CS CONCRETE Sl.All FIP FOUND OPEN PPE (SIZE)
H CHORD LENGTH (0) DEED DATA FOP FOUND CAPPED PIPt (SIZE)
C) CAl.C\JLA TED bRAIN ORAlNAGE FIR FOUND IRON ROO (SIZE)
B CONCRETE BLOCK EASIIT EASEMENT FCIR FOUND CAPPED IRON ROO (SIZE)
BS CONCRETE BLOCK STRUCTURE (II) FIElD IIEASURED DATA FN FOUND NAIL
CHAIN LINK FENCE rc FENCE CORNER OR POST FN&ll FOUND NAIL " DISK (MARKED)
I HEREBY CERTIFY THAT 1lllS SURVEY WAS MADE UNDER IIY RESPONSIBLE CHARGE AN THAT SAID SURVEY REPRESENTED
~~~~E;~ ~~~C:~\~~'::~~A ~:'::A~~ lllE FLORIDA BOtRD ~ AI. SU,!VE S AN-? MAPPERS
COOE. PURSUANT TO SECTION 472.027 FLORIDA STATUTES.
FPP FOUND PINCHED PIPE (SIZE)
LB UCENSED BUSINESS
LS LICENSED SURVE'l'tlR
MAS . IIASONRY
MB MAIL BOX
PP POWER POLE
TEL TELEPHONE BOX
WlI WATER IIETER
T'lPE OF SURVEY
BOUNDARY
Wf"
l=~
R/W
SIR
SN&ll
(W)
WOOO FENCE
PlAT DATA
RADIAL
RADIUS
RIGHT-OF-WAY
SET IRON ROO S/!l' PSIIIS772
SEl NAIl AND DISK PSM~772
WITNESS CORIlER
LOCATED CLEARING
DATE WILLIAM M, HINCKLEY
11/20/00 PROFESSIONAL SURVEYOR AND MAPPE
5/14/03 P.O. BOX 1567
ISLAMDRADA, flORIOA 33036
PHONE/FAX (305)853-7034