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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/(~ ~ 5~ ~t.~&o ~v4A~ 0 p~ !iI)A tlt11.111.:JU~A/)D l'riakd DUDe: of Gnantor II'WITIH4 AAJ&V/J) Printed name of witneSl "4". ._L- --- ~ P'Signature of witDotI ~,~h1D Z./.,f-- Prill ~ofwi-'" STATE OP FLORlDA COUNTY OF MONROE .B1.,f"REME.~'-'....-u.........~ ,.4~ ~ and~~/J ~ersOlla1lY kDv~or have prodllOed and , respecdvely ae identification. SWOrD to aDd IUb.laibod before me tbiB ,Ia-HI ~~~ Typed Notary Name Il'Id Number MONROE COUNTY ATTORNEY ~fORM' , - R R N. 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