Item I02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 19. 2003
Division: Growth Management
Bulk Item: Yes ---X- No
Department: Environmental Resources
AGENDA ITEM WORDING: Approval for a Grant Conservation Easement for Lot 13, Block 6 and
a part of Tract B, Harbor Course South Section 2, Ocean Reef Plat #17, RE#00573700-001300.
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
DIVISION DIRECTOR APPROVAL:
Risk Management N/ A
APPROVED BY: County Atty ~
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
~
AGENDA ITEM # ./ -a,;?
Revised 2/27/01
09/02/2003 10:19
305-289-2536
PLANNING DEPT
PAGE 03
Grant of
Conservation
Easement
THIS AGREEMENT is made this __ day of
.20
by and between
Excalihtlr 2000. lllc. - Mila M. Burke. Preside1lt
whose address is 31 Ocean Reef Drive. -#C302, Key Largo Florida 33037
County of Monroe
State ofFloridli . CGranUlr) and Monroe County, a political
subdivision ofthe State of Florida, whose address is 5 t 00 College Road. Stock lalaud, Key West, FI 33040
(Grantee).
The parties recite and declare:
. The Grantor is the owner of certain real property commonly known as
22 Cinnamonbark Lane, Key Largo Florida 33037
(the selVient estate), more particularly described as follows: (Legal description) Lot 13 Block 6 & a
Rart of Tract B. Harbor Course South Secliolt 2, Ocean Reef Plat #17.Monroe County
PB7 pg 52, RE#00573700-00J300
The Grantor desires to develop the servient estate as (describe project):
A single family home as shown in oerrnit 01-3- I 228
The servient estate contains (describe relevant natural features):
Moderate Quality Low ElevatiOIl Tropical Hardwood Hammock
The Grantee is a general purpose political subdivision of the State authorized and requited 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
Exealibur2000 L13b6 HCS 2
- 1 -
Oac:umcnt IJRPlIred by: Jean Rt:isinpr
88300 Overae.. Highway
TlIvemeir, Florida 33070
09/02/2003 10:19
305-289-2536
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PAGE 04
certain areas of the servient estate be retained 89 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 fOf 8 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 oflbe easement and eoverninl!.law.
This easement is 8 conservation easenlent under Sec. 704.06, Fla. Stat. and is to be governed by,
construed and enforced in accordance with that stutute 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 tll 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
instxument in its entirety.
4. Restraints imoosed bv the Coll.$~rvation Easement.
The conservation easement granted by this instrument imposes the following restrictions OD the
future use of the servient estate within the easem~llt area:
,
,
8. No removal, trimming Of pmning of trees, shrubs, or other vegetation (e.xcept 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, Of removal of loam, peat gravel, soil, rock, or other material
substances is sucb manner 8S to affect the surface.
Exc:lI;bur 2000 Ll3B6 HCS 2
2
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d. No activities detrimental to drainage, Oood conlrol, water conservation, erOlJion control
and soil conservation.
e. No dumping or placing of soil Qr other substance or mate..ial as landfill ot dumping or
. ;
placing of trash, waste. or wlSightly or offensive materials.
f. No planting of \Jon-native plants.
5. ThIll1S and persons boulJd.
This conservation easement is perpetual. runs with the land and is binding on all present and
subsequent owners and mortgagees of the str\'ient estate. Granlor represents that tbe mortgagee(s), ifany.
whose consent is attached hereto, is (are) the only mortgagee(s) having a security interest in the servient
estate.
6. Entire A2J'Ccment.
. This agreement cOllSlitutes the entire agreenlellt between the parties and any prior understanding
or representation of any kind preceding the date of tbis agfeement is not binding upon either pany except to
the extent incorporated in this Agreement.
7. Modification of Agreewent.
Any modification of this AgJeement or additional obligation assumed by either party io
connectioo with this Agreement is binding only if evidenced in writing and signed by an authorized
representative of each party and by IIDY nwrt88gc~.
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. fu1tJy of Grantee's representative on the servient estat~
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 Ot registered mail, or via an equival.ent service furnished by a private camet, to the
respective address of each pllrty as set forth at the beginning of this Agreement.
excllllbur 2000 L13D6 HCS 2
3
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IN WITNESS WHEREOF. the parties hereto bave set their hands and seals the day and year first
above written.
(SEAL)
A ITEST: DANNY L. KOLHAGE. CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, .FLORIDA (Grantee)
By
Oy
Deputy Clerk
Mayor/Chairman
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Slgnatllr r w.llless
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Uranlor
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Printed name of Grantor EJc(!A;c....( l!JLJ~ ~~ {Me!..
,
. na~~~~
Printelf name of witness
Grantor
Printed name of Grantor
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME. the undersigned authority, personally BppeBted JL~ i..J.o.. tLi. B. 1..( kc...
and ~re persoulIlly known to ~ or have produced
and
_. respectively
as identification. : ~
Sworn to and subscribed before me this -.ll
N\CY1o\ c...J t-...\C-Gu..~ \ D
T~N01~.. . . ~.l:l
~N).<<~
day oWllIl<:: I zl()"3
~~I..~ ~ 1"k~l~
Notary Signature d Seal
bcaJlbur :ZOOO L1396 HCS 2
4
1\. vVGLft:.
A~~~TY ATTORNEY
09/02/2003 10:19 305-289-2536
OS/29/2093 14:58 3053679969
PLANNING DEPT
SUNSHINE: 2lDJ
PAGE 07
PAGE: 0e
~rk.(jI\IL AtvnlL (1f;"'A"!
)Nln1IeofMort.I,c;c;) ~ /) 0 IJ ~
d.-6 (;[) ~ ~ (..t f VJvfJ . City of · .
CoUJItyof ~"^~ . Slaleuf fjq.~
having a record interest in tbe: lands describe:d in the COntetyaUol1 ijasarm:nl Agreement between
. whose addre!s is
GralllU(. ant.l MUlttOll County, J:Jurida. Granh:e, hereby joins in, contents,
and. ratifies that ConselVatimi Easement at
below.
00 the dale: indicated
(Plact! of Sxoelltion)
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Ann~/f.alleL
STATE 0' fLORlDA
COUNTY OF MONR02
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SWORN TO AND SUBSC;lUBED before me this
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3(.Y~
day of na.. y
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, who FSOlJally known,r has produced
\f"u'
.A\O\.~ ~,Jj,
Typed NOlaI}' Name and Number
Notary Signature and Seal
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EXPIRES: MrIdl25, 2007
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