Item H08
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17,2004
Division: Growth Management
Bulk Item: Yes X
No
Department: Environmental Resources
AGENDA ITEM WORDING: Approval for a Grant Conservation Easement for Lot 27, Block 2,
Harbor Course South Section 1 Ocean Reef Plat #13 PB7-pg3 Monroe County, Florida RE# 00572797-
003200.
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: Merle Prebel
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Atty ~ OMB/Purchasing N/ A Risk Management N/ A
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DIVISION DIRECTOR APPROVAL:
McGarry, AICP
DOCUMENTATION:
Included X
To Follow
Not Required_
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DISPOSITION:
AGENDA ITEM #
Grant of
Conservation
Easement
THIS AGREEMENT is made this _ day of
,20
by and between
Merle & Carmen Prebel
whose address is 24 Dockside Lane, Ocean Reef Club, 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
27 Dilly Tree Park Ocean Reef Club, Key Largo Florida33037
(the servient estate), more particularly described as follows: (Legal description) Lot 27 Block 2
Harbor Course South Section 1 Ocean Reef Plat # 13 PB7-p~3 Monroe County Records
RE# 00572797-003200
The Grantor desires to develop the servient estate as (describe project):
A single family home as shown in oermit #02-3-4524
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
Prebel 82127 HCS See 1
RE# 00572797.003200
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 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 reoresentative 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 furnished by a private carrier, to the
respective address of each party as set forth at the beginning of this Agreement.
Prebel B21..27 HCS See I
RE# 00572797.003200
3
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, Momoe 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 imoosed bv 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 ofloam, peat gravel, soil, rock, or other material
substances is such manner as to affect the surface.
Prebel 82127 HCS See 1
RE# 00572797.003200
2
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year fIrst
above written.
(SEAL)
A TrEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
By
By
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Mayor/Chainnan /)
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Deputy Clerk
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Print d name of witness
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Printed name of Grantor
STATE OF FLORIDA
COUNTY OF MONROE
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BEFORE ME, the undersigned authority, personally appeared 'Vf <-1-... / 1\ r I) t:: L
and C. I~Nl0\i Pi< ~A C:. L. ,who are personally known to m~, or have produced
and
, respectively
as identifIcation.
Sworn to and subscribed before me this ..:2. ()
day of [=-F /'l
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y6tary Signature and Seal
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Typed Notary Name and Number
~-;.~::''f~~. K.E. MEAD
{.rA'~-1 MY COMMISSION # DD 093223
~~y EXPIRES: February 18, 2006
, I,fff..'J.'.... 8crlded Thru Notary Pubtic Underwnters
Prebel 821.27 HCS See 1
RE# 00572797.003200
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(If Applicable)
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, whose address is
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having a record interest in the lands described in the Conservation Easement Agreement between
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'.1:/ n<,{ J< //{, .:' i Grantor, and Monroe County, Florida, Grantee, hereby joins in, consents,
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and ratifies that Conservation Easement at :.:': I j~ >' ",' f 1/'
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on the date indicated
below.
(Place of Execution)
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. l - , Mortgagee
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Community Bank of
Emilio Hernandez
First Vice President
STATE OF FLORIDA
COUNTY OF MONROE
SWORN TO AND SUBSCRIBED before me this
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as identification.
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Typed Notary Name and Number
Notary Signature and Seal
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,\1." /; ..,. COMMISSION NUMBER
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7~ sf MY COMMISSION EXPIRES
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Prebel 82127 HCS See I
RE# 00572797.003200
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