Item I04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 15 June 2005
Division:
Growth Management
Bulk Item: Yes ---.lL- No
Department: Environmental Resources
Staff Contact: Ralph Gouldy
AGENDA ITEM 'WORDING:
Approval for a Grant of Conservation Easement for Lot 11 Part of Tract A, Monroe County, Florida,
RE# 00551000-001100.
ITEM BACKGROUND: None
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
$52.50
BUDGETED: Yes N!A No
COST TO COUNTY:
None
SOURCE OF FUNDS:Pablo R. Garcia
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
DOCUMENTATION:
Included X
APPROVED BY: County Atty--X-
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
AGENDA ITEM #
Revised 2/05
Grant of
Conservation
Easement
THIS AGREEMENT is made this __~~~_ day of
,20
by and between
MVP Keys Inc.
whose address is % 34 South Blackwater Lane, Key Largo, Florida 33037
County of Monroe
State of
Florida
, (Grantor) and Monroe County, a
political subdivision ofthe State of Florida, whose address is 5100 College Road, Stock Island, Key West,
FI 33040 (Grantee).
The parties recite and declare: The Grantor is the owner of certain real property commonly known
as 1505 Shaw Drive, Key Largo Florida 33037Florida 33070
(the servient estate), more particularly described as follows: (Legal description) Lot 11 Part of Tract
A, RE# 00551000-001 100.
The Grantor desires to develop the servient estate as (describe project)
A single-family home and accessory buildings as shown in permit #02305 I 20
The servient estate contains (describe relevant natural features):
Scar(fied lands, and a wetland setback area .with a modified Class D bufferyard
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 and accessory building.
MVP WL Twin Lakes
- I -
Document prepared by Jean Reis inger
Address 88800 Overseas Highway
Tavernier Florida 33070
The parties agree as follows:
1. Grant of easement.
In consideration for a development pennit for a single~family home and accessory building"
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 tile easement and governing law.
This easement is a conservation easement under Sec. 704.06, Fla. Stat. and is to be govemed 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
a 25 foot wide strip running parallel to the edge of the wetlands
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 of loam, peat gravel, soil, rock, or other material
substances is such manner as to affect the surface.
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 landfiJl or dumping or
placing of trash, waste, or unsightly or offensive materials.
f. No planting of non-native plants.
5. Terms and persons bound.
MVP WL Twin Lakes 2
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 mongagee(s), ifany,
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 moditlcation 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
] 0, 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.
MYP WL Twin Lakes
3
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year tlrst
above ,vritten,
(SEAL)
ATTEST: DANNY L KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
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By
Deputy Clerk
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Si'"gnatureo wItness
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Grantor
Printed name of witness
Printed name of Grantor
Signature of Witness
Grantor
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Printed name of Witness
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Printed name of Grantor
STA IE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, persona~eared ~blo R, tzG\ rei' q
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,who e personally ~have produced
and
and
, respectively
Sworn to and subscribed before me this
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as identification.
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Typed Notary Name'aftd Number
Date:
MVI' WI. Twin Lakes
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SKETCH OF EASEMENT
GRAPHIC SCALE
40 20 0 20 40 80 160
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1 inch = 40 ft. ( IN FEET )
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POINT O. COMMENCEMENT
CONSERVATION EASEMENT
AND
POINT O. SEGlNN1NG
r-PARCEL 11
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POINT Of COMMENCEMENT
PARCEL 11
SOUTHWEST CORNER Of
GOVERNMENT LOT j, SECTION
15, TOWNSHIP 8j SOUTH,
V RANGE 39 EAST
CRANE STREET
-'t
y
TRI-COUNTY ENGINEERING,Inc.
ENGINEERS Q ARCHITECTS <:> SURVEYORS & MAPPERS
CERTIFICATES: E8-6706, M-2777, LB-65 7, FLORIDA
7729 NW 146th Street / P (305) 823-3737
Miami Lakes, Florida 33016 823-3172
NOTE: NOT VALID WITHOUT THE
SIGNATURE AND ORIGINAL SEAL
OF A FLORIDA REGISTERED
SURVEYOR AND MAPPER
EXIBIT"A"
PAGE 1 OF 2
EASEMENT DESCRIPTION
DESCRIPTION:
A STRIP OF LAND, BEING A PORTION OF THE FOLLOWING DESCRIBED PARCEL;
TO WIT.
DESCRIPTION OF PARCEL 11:
A PORTION OF TRACT A, ACCORDING TO THE PLAT OF TWIN LAKES FIRST
ADDITION, AS RECORDED IN PLAT BOOK 5, AT PAGE 68, OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 1, SECTION 15,
TOWNSHIP 61 SOUTH, RANGE 39 EAST; THENCE NORTH 0013'5411 WEST ALONG
THE WEST LINE OF SAID GOVERNMENT LOT 1 A DISTANCE OF 415.00 FEET;
THENCE NORTH 8904610611 EAST A DISTANCE OF 45.00 FEET TO THE POINT
BEGINNING; THENCE CONTINUE NORTH 8904610611 EAST A DISTANCE OF
153.95 FEET; THENCE SOUTH A DISTANCE OF 215.80 FEET; THENCE NORTH
35034153 WEST A DISTANCE OF 264.58 FEET TO THE POINT OF BEGINNING.
DESCRIPTION OF CONSERVATION EASEMENT:
Commence at the Northwest corner of said parcel 11, said corner being the point of beginning
of parcel 11 ; thence S.36036'161fE., a distance of 79.30 feet, to a point on the Westerly line of
said parcel 11 ; thence N.60035'26"E., a distance of 3.16 feet to the POINT OF BEGINNING,
OF CONSERVATION EASEMENT; thence continue N.60035'26IfE along said line, a distance
of 75.00 feet; thence S.29024134"E., a distance of 25.00 feet; thence S.60035'26''W,, a
distance of 75.00 feet, to a point on the Westerly line of said parcel 11 ; thence N.29024'34"W.,
a distance of 25.00 feet to the POINT OF BEGINNING, OF CONSERVATION EASEMENT.
Containing 1,875.00 square feet or 0.0430 acres, more or less.
SURVEYOR'S NOTES:
1.~ THIS IS NOT A SURVEY.
2. BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED VALUE WHERE THE
WEST LINE OF GOVERNMENT LOT 1, BEARS NOoo13'54"W, AS PER DEED.
4. I HEREBY CERTIFY: THAT THE SKETCH AND DESCRIPTION OF THE PROPERTY
DESCRIBED HEREON HAS BEEN MADE UNDER MY DIRECT SUPERVISION AND
THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF AND
PROFESSIONAL JUDGEMENT. I FURTHER CERTIFY: THAT THE SAID SKETCH AND
DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE
FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER
61G17.6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027,
FLORIDA STATUTES.
v
TRI-COUNTY ENGINEERING,Inc.
ENGINEERS 0 ARCHITECTS 0 SURVEYORS & MAPPERS
CERTIFICATES: E8-6706, AA-2777, LB-6507, FLORIDA
7729 NW 145th Street Ph: 5) 823-3737
Moami Lakes. Florida 33015 Fa (305) 823-3172
EXIBIT"A"
PAGE 2 OF 2
NOTE:NOT VALID WITHOUT THE
SIGNATURE ANO ORIGINAL SEAL
OF A FLORIOA REGISTERED
SURVEYOR AND MAPPER