Item K02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21, 2004
Division: Growth Management
Bulk Item: Yes X
No
Department: Environmental Resources
AGENDA ITEM WORDING: Approval for a Grant Conservation Easement for Lot 8, Coral Coast
PB7-PG63 Monroe County, Florida RE#00555231-000800.
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. Jurado
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Atty ~ OMB/Purchasing N/ A
Risk Management N/ A
DIVISION DIRECTOR APPROVAL:
, AICP
DOCUMENTATION:
Included X
To Follow
Not Required
AGENDAITEM#-& I
DISPOSITION:
Revised 2/27/01
Grant of
Co nservatio n
Easement
THIS AGREEMENT is made this _ day of
Jose Alonso Jurado and Ana Maria Jurado
whose address is 19301 East Oakmont Drive, Miami Florida 33015
County of Miami-Dade 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).
,20
by and between
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
108 Coastal Drive, Key Largo Florida, 33037
(the servient estate), more particularly described as follows: (Legal description) Lot 8 Coral Coast
PB 7 p~ 63 Monroe County records, RE# 00555231-000800
The Grantor desires to develop the servient estate as (describe project):
A simde familv home as shown in permit #95-3-2805
The servient estate contains (describe relevant natural features):
Declared High Quality High & 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
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 descnbed below.
2. Character of the easement and governing law.
TIlls 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 coIiservation 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.
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 plantini arnon-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. 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. 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.
lO. 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.
3
(If Applicable)
~LDJJIAL .64AJk N.A.
,
, whose address is
(Name of Mortgagee)
/2DO &l:!ILelL ID7?I Fl.-&7J!2-
,
, City of J-I, A -..L.f I
Countyof UA~/-))ADC
State of
& /2.;.bA.
having a record interest in the lands described in the Conservation Easement Agreement between
.....n b€ A~,)",.co .Jj /LA 'D .;
~ AAJA MA-t-!A ..J;)1fAl) D Grantor, and Monroe County, Florida, Grantee, hereby joins in, consents,
and ratifies that Conservation Easement at
below.
e, L.O IJ;A-L 1c34,{.1,k. )./, AA.{I ~ the date indicated
,
(Place of Execution)
~~
J~ ~ i/~Je-t SliP PIlL
/
ULDA,)IAL ~~ ,NA., Mortgagee
Witness
STATE OF FLORIDA
COUNTY OF MONROE
SWORN TO AND SUBSCRIBED before me this \Ji:b
day of Muvk
20 04-, by ~~ R. Va.~~'V ! SVp
, who is personally known to me or has produced
as identification.
VIVIAN FANJUL DD217137
~~
Typed Notary Name and Number
Notary Signature and Seal
.".., ~ Vivian Fanjul
! ~ . My Commission 00217137
'\,'1;.."'" Expires October 07 2006
5
Apr 05 04 C~:b~a
brOlUTon .'I~"
IN WlTNBSS WHBREOf. the pudOl hereto have aet lbcir banda q4 aeals the cia)' and yeM tint
above writtc11.
(SBAL)
ATrEST: DANNY L. KOUiAGE. CLERK
BOAllD OF COUNTY COMMISSIONERS
OF MONllOE COUNTY. FLORIDA (Grantee)
By
By
Deputy Clerk
Mayor/(~
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Printed name of witneSl
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P'Signature of witDotI
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Prill ~ofwi-'"
STATE OP FLORlDA
COUNTY OF MONROE
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and~~/J ~ersOlla1lY kDv~or have prodllOed
and
, respecdvely
ae identification.
SWOrD to aDd IUb.laibod before me tbiB
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Typed Notary Name Il'Id Number
MONROE COUNTY ATTORNEY
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