Item I03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 19. 2003
Division: Growth Management
Bulk Item: Yes ~ No
Department: Environmental Resources
AGENDA ITEM WORDING: Approval for a Grant Conservation Easement for Lot 11 & 12, Block
7, Anglers Park, Monroe County, RE#00552130-000000 & RE#0052140-000000.
ITEM BACKGROUND: none
PREVIOUS RELEVANT BOCC ACTION: none
CONTRACT/AGREEMENT CHANGES: none
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
$24.00
BUDGETED: Yes N/A No
COST TO COUNTY: None
SOURCE OF FUNDS: Gerald L. Johnson
REVENUE PRODUCING: Yes
NoX AMOUNTPERMONTH_ Year
DIVISION DIRECTOR APPROVAL:
Risk Management N/ A
APPROVED BY: County Atty ~
cGarry, AICP
To Follow_
Not Required_
DOCUMENTATION:
Included X
DISPOSITION:
AGENDA ITEM # :- / -l3
Revised 2/27/01
Grant of
Conservation
Easement
THIS AGREEMENT is made this _ day of
,20
by and between
Gerald L Johnson
whose address is P. O. Box 1821 Tavernier F;lorida 33070
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
556 Bonito Avenue, Key Largo Florida 33037
"
(the servient estate), more particularly described as follows: (Legal description) Lot 11 & 12Block 7
AnJ;lers Park. Monroe County PB1 pJ;159 RE#00552130-000000 &
RE# 00552140-000000
The Grantor deSIres to develop the serVIent estate as (describe project):
A sinf?le familv home as shown in oernut 00-3-946
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
Johnson 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 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 followmg restnctions 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.
Johnson GOCEA
2
d. No activities detrimental to dramage, 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
placmg of trash, waste. or unsightly or offensive materials.
f. No planting of non-native plants.
5. Tenus 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.
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 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 concernmg 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 camer. to the
respective address of each party as set forth at the beginning of this Agreement.
Johnson GOCEA
3
U~l-~.-"',.j
l~'~~ rKUM.MUNKU~ ~UUNIY ~IIY U~rl~~
1/1
1 U , ;JIO ~:,!~:,!;J ~ 11:;
PAGE
IN WITNESS WHEREOF. the parties hereto bave set tbeit hands &lid seals the day ADd year fll'st
above wrioen.
(SEAL)
A TrEST: DANNY L. KOUlAGE. CLERK.
By_..__
Deputy Cleric
~~"
FJq/)1~ I- 2.
,
;ZP7 &Iu-r
SigpaNlc of witncH
t11,,!~~ ~S-/-orl
Prinu:cS name: of witzllSSl
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA (Om1tQl;)
By
MDyorfChainDul
\.... ~-
Grantor
~
.-/
----
R08ERT OLf~'TOVlNE,(
STATE Of PLQR.D>A CHI::tbS~'N} ~T~'" -
COUNTY OF MONROE Dale
BEfORE ME, tbc: uDdcllisued aUlbority, persoaally appeared ~4! r-tt I r,J 1.-. Toh h ~ 0 ~
~/~__ ~~llI1lyknownto me, orbavcproduced
........ ~,f 1..""''' A ant, .....---~'-:-rCSpc..ay..i)
as il ,jrlCation.
SlJiOm to and cub.lcribccl before me thisL () ,d day of 0(' ~ . 20 D 3 .
17 t. ; .,.R J11~~ 'Th-..
'fY1>cd No&aJy Name and Number
JObmoll GOCEA.
aDd Sc:al
G)~.. El.AlEIl KEmt
to; ~.'"r.E UV~'IlOOI15OI
. .. IiXPlllES: FoIlNaty 22. 3116
.........P*&.......
4
EXHI: Bl'T A
C-o'l serv~-.H 0,,", ~~~ ~
')1.'f
I
I
I
i
I
t
j
~
. .I I
I
I
c)Sb
Lets 11 + 12-
A.AJ91~vs p..-l
Rc: D(:)5"')"2.13 -OCOOOD
BoV\:i-A 0-VE
. ~La-l1
'!ZE:. DDss;;"1 L/ 0 ~ 000000