Item I01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 15. 2004
Bulk Item: Yes -X- No
Division: Growth Management
Department: Environmental Resources
AGENDA ITEM WORDING: Approval for a Grant of Conservation Easement for Lots 1-4 & 15-18
Block 8, Pirates Cove, Monroe County, Florida RE# 00493870-00000o, 00493880-00000o, 00493890-
00000o,00493900-000000,00494010-00000o,00494020-00000o,00494030-000000, and 00494040-
00000o
ITEM BACKGROUND: None
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
$69.50
BUDGETED: Yes N/ A No
COST TO COUNTY:
None
SOURCE OF FUNDS Maria & Gerardo Rubio
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ~
DIVISION DIRECTOR APPROVAL:
OMBlPurchasing N/A Risk Management _N/A_
~Garrry'AICP
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #
II
Revised 2/27/01
Grant of
Conservation
Easement
THIS AGREEMENT is made this _ day of
,20
by and between
Gerardo Rubio and Maria Rubio
whose address is 1402 S. E. 16th Avenue, Homestead, Florida 3303
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,
Fl 33040 (Grantee).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
78 John Silver Drive, Key Largo Florida 33037
(the servient estate), more particularly described as follows: (Legal description) Lots 1-4 & 15-18
Block 8 Pirates Cove, PB 3 p~ 18 Monroe Records, RE#00493870-000000, #00493880-,
#00493890-, #00493900-, 00494010-, #00494020-, #00494030- & 00494040-000000
The Grantor desires to develop the servient estate as (describe project):
A single family home as shown in permit 02-3-3992
The servient estate contains (describe relevant natural features):
Moderate 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
Rubio & Fereira GOCEA
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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 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.
Rubio & Fereira GOCEA
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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. Tenns 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. 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.
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.
Rubio & Fereira GOCEA
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
By
By
Deputy Clerk
Mayor/Chairman
,;
Si e f witness
~ Q21./" ( ~ v') 1---<;
Printed ame of WItness
..: '~/\~\;~!E A. UT';-:
~(. ,'" '\'~ ('..', ',-m7ft'?j?
C~~ C?~t>ji" If
(;e'lcJ r &. ~ u h, 0
Printed name of Grantor ,
,-,~
Grantor .
)JaY-I'ot. J~ b j 0
Printed name of Grantor
Grantor
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personally appeared G el<.4/Z.p u f. v IS ( <J
and tt-t A- tZ I A r< ..;13> { () ,who are personally known to me, or have produced
D - I /
rille {2. "":> t-,'c..t?L/5e.
and y p! ee ~ Ie 5 I C;> fife. / , ~;.J ,respectively
as identification.
Sworn to and subscribed before me this
,i.j--lt day of tJuswc:>-f ,20
A,~J)Q ~~
Notary Signature and Seal
Ma,. c)O' O~a let - YeY" eL -iJ 0001 J.:>~S-"::.-
Typed Notary Name and Number
Rubio & Fereira GOCEA
4
~J\ MnoI ~
\...i My CommiIIlon 000Ge35I
"'...;; Expires FebnJary 28, 2006
(If Applicable)
l\)(1~hl~~f~ort~~~~L &t, PA ,who,".ddre"i,
?ooo\ P((.AlR\~ STRe.d ,Cityof LbAt~WOrL-t11
County of Los Arg e.lt.,) State of Dl L ~)(Ul' A
having a record interest in the lands described in the Conservation Easement Agreement between
~~dD eu 61 () . Grantor, and Monroe County, Florida, Grantee, hereby joins in, consents,
{'f\ fu'l.\ A ruf d~-f~ . Ru \, -, 0
and ratifies that Conservation Easement at C
/
(Place of Execution)
on the date indicated
below.
Witness
d( ~ ~~tn~
STATE OF FLORIDA
COUNTY OF MONROE
SWORN TO AND SUBSCRIBED before me this
di
day of S II / '1
200'-/. by :M/Je ./ff/nH?f?Rf?/1/'nj
, who is p~lly ~own to me or has produced
as identification.
R. SHELDON #1277268
/~~
Typed Notary Name and Number
Notary Signature and Seal
J--"-~~m:.-I
:S ~ Nofay P\j)ffc - caJfaria
2. Orange County -
~ _ _ _ ~~,.:.~~l:~f
Rubio & Fereira GOCEA
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EXHIBIT " A"
LEGAL DESCRIPTION FOR CONSERVATION AREA AT
78 JOHN SILVER DRIVE. KEY LARGO. FLORIDA
BEGIN THE NORTHWESTERLY CORNER OF LOT 15, BLOCK 8 OF PIRATES COVE
SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3
AT PAGE 18, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. THENCE
RUN S.4So17"W. ALONG THE NORTHERLY LINE OF LOTS 15 AND 4 OF SAID BLOCK 8
FOR A DISTANCE OF 100 FEET TO THE SOUTHWESTERLY CORNER OF LOT 4;
THENCE RUN S.44043"E. ALONG THE SOUTHERLY LINE OF LOTS 4, 3, 2 AND 1 OF
SAID BLOCK 8 FOR A DISTANCE OF 175.00 FEET TO A POINT OF CURVATURE;
THENCE RUN SOUTHEASTERLY AND NORTHEASTERLY ALONG THE ARC OF A
CIRCULAR CURVE TO THE LEFT WITH A CENTRAL ANGLE OF 90000'00" AND A
RADIUS OF 2S.OO FEET FORAN ARC DISTANCE OF 39.27 FEET TO A POINT; THENCE
RUN N.4So ITE. ALONG THE SOUTHERLY LINE OF LOTS 1 AND 18 OF SAID BLOCK 8
FOR A DISTANCE OF SO.OO FEET TO A POINT OF CURVATURE; THENCE RUN
NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO
THE LEFT WITH A CENTRAL ANGLE OF 90000'00" AND A RADIUS OF 25.00 FEET FOR
AN ARC DISTANCE OF 39.27 FEET TO A POINT; THENCE RUN N.44043'W. ALONG THE
NORTHERLY LINE OF LOTS 18 AND 17 OF SAID BLOCK 8 FOR A DISTANCE OF 62.00
FEET TO A POINT; THENCE RUN S.45017"W. FOR A DISTANCE OF 74.00 FEET TO A
POINT; THENCE RUN N. 440 43"W. FOR A DISTANCE OF 1 08.00 FEET TO A POINT;
THENCE RUN N.4so1TE. FOR A DISTANCE OF 74.00 FEET TO A POINT ON THE
NORTHERLY BOUNDARY LINE OF LOT 15 OF SAID BLOCK 8; THENCE RUN
N.44043'W. ALONG THE LAST DISCRIBED LINE FOR A DISTANCE OF 5.00 FEET TO
THE POINT OF BIGINNING.
Document prepared by: American Services of Miami, Copr.
Engineers - Planners - Surveyors
2450 S.W. 137th Ave., Suite 217
Miami, Florida 33175
.",...,~~.... -
~~Al DESCRIPTION:
LOTS 1, 2, 3. 4,15,16,17 AND 18. BLOCK 8. OF PIRATES COVE SUBDIVISION ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 3 AT PAGE 18 OF THE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA
LOCATION MAP
NTS
TORTUGA
SKETCH OF BOUNDARY SURVEY
SCALE: 1" = 25'
Lot 14
'l:I~ I 74.0'
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