05/15/2002
Grant of
MONROE COUNTY
OFFICIAL RECORDS
FILE #1 307 3 02
BK#1793 PG#1561
RCD Jun 19 2002 08:59AM
DANNY L KOLHAGE, CLERK
Conservation
Easement
THIS AGREEMENT is made this I ~y of ----A4-4i-, 20 02- by and between
.Raffie Arveh
whose address is 27 Cinnamonbark 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, Fl33040
(Grantee).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
27 Cinnamonbark Lane
(the servient estate), more particularly described as follows: (Legal description)Lot 25 Block 8
Harbor Course South Section 4, Ocean Reef Plat #19, RE# 00573720-002500
The Grantor desires to develop the servient estate as (describe project):
Single familv home as shoWn in permit # 00-3-3726
The servient estate contains (describe relevant natural features):
Moderate Quality 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
. /
GOCEA Aryeh
1
Document Prepared by Jean Reisinger
Address 88800 Overseas Highway
Tavernier. Florida 33037
FILE #1 3 073 0 2
BR# 1 7 9 3 PG# 1 5 6 2
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 shr."~1T) in "ttached Evbibit A
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 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 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 landfill or dumping or
placing of trash, waste, or unsightly or offensive materials.
2
f. No planting of non-native vegetation
FILE #1 307 3 0 2
BK# 1 7 9 3 PG# 1 5 6 3
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
repr.esentative 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.
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.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
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FILE #1 3 0 7 302
BKi 1 7 9 3 PG# 1 5 6 4
BOARD OF CO
OF MONROE C
ISSIONERS
By
Deputy Clerk
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~ture ~~Wltness
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Signature of witness
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Printed name of witness
X.
Grantor
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Printed name of Grantor
Grantor
Printed name of Grantor
APPROVE" . ') TO FORM
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personally appeared miff e AD,fe. h
and wi A ,who are personally known to me, or have produced
and
. respectively ,
as identification.
Sworn to and subscribed before me this
~ day of~Ch ,20 (J:L
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Notary Signature Seal
NI"c.hole..,j "-'IC.QlJO.-i D
Typed Notary Name and Number
cc.q 2..5 2-(P f
4
FILE #1 307 3 02
BK# 1 7 9 3 PG# 1 5 6 5
(If Applicable)
~ /01<A L7-r-+re.. GA-N~
(Name of Mortgagee)
"3cs O~~ ~b-J~
County of ('v... ON R.cR._ State of
, whose address is
,Cityof Je,)/ LArC6D
r-t.-V{2. i04
having a record interest in the lands described in the Conservation Easement Agreement between
~Y>.l -(, .f1 eAt-\../ e b- Grantor, and Monroe County, Florida, Grantee, hereby joins in, consents,
and ratifies that Conservation Easement at ~. l..." Y''i/J T (lJ T I h.. on the date indicated
below. (Place of Execution)
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STATE OF FLORIDA
COUNTY OF MONROE
SWORN TO AND SUBSCRIBED before me this d1' day of /( ~ )-,
20t 2--; by fyf/5A?V,v ~~tt'1' Ii W ~ JDWh~~e or has produced
as identification.
~~
No Signature and Seal
....''..':..~u~'.. ROSA GOSSMAN
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[.: "JJ;,'V~ MY COMMISSION II CC 912306"
~.~.:{~ EXPIRES: June 21, 2004
'''~P.r.~1f.:.., Bonded Thru Notary P\Jb/ic u~.. !'
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\J0007H SEC1l0N 24. TOWNSHII' 59 $.. RANcE 40 (. Fa ~
LEG.t.l DESCRIPTION:
LOT 25. BlOCK II . HARBOR COURSE Sounl SECTION FOUR OCEAN REU PLAT NO.19 ACCORDING TO THE PlAT THEREOF J.s RECORDED IN
PLAT BOOK 7. PACE 5~ OF THE PUBUC RECORDS OF J.IONROE COUNTY. FLORIO.\.
AND PARCEL '"
A PORTION OF TAACT B. HARBOR COURSE SOUTH. SEC1l0N FOUR. OCEAN REEF PLAT NO. 19 ACCOROtNC TO THE PLAT THEREOF. 1<5 RECORDED IN
PLAT BOOK 7. PACE 54 or TliE PUBUC RECORDS OF I.IONROE COUNTY, FLORIDA. AND BEING I.IORE PAATlCUlARLY DESCRIBED J.s FOLLOWS:
BEGIN AT THE SOVTHEAST CORNER OF LOT 25. BLOCK II. HARBOR COURSE SOVTH SECTION FOUR THENCE S38' 11'33"W AlONG TliE EXTENSION
or TliE SounlEASTERLY UNE or SAlO LOT 25, BLOCK II, A DISTANCE or 10.00 ft:ET TO " POtHT ON A CURVE TO THE LEFT Hl\VING " RADIUS
or 260,00 ft:ET. " CElffiW. ANGLE or 22"55'06'. " CHORD BEARING or N63'16'OO"<< " CHORD LENGTH OF 103.31 FEET, THENCE AlONG THE ARC OF SAlO
cuRVE. AN ARC LENGTH or 104.00 FEET TO THE END or SAID CURVE; THENCE NI5'16'27.E. " DISTANCE OF 10.00 FEET TO THE SOl1THW(ST CORNER OF
SAID LOT 25. BLOCK 8 TO " POINT ON A CURVE TO THE RIGHT Hl\V1NG A RADIUS or 270.00 FEET. A CEHT'AAl ANGLE OF 22"55'06'. " CHORD BEARING OF
S6J'16'00"E AND A CHORD L(HGTH OF 107.211 FEET; THENCE AlONG THE ARC or SAID CURVE AN ARC LENGTH OF 1011.00 FEET TO TliE POINT
OF BEGINNING
AND PARCEL B;
A PORTION OF TRACT B. HARBOR COURSE SOUTH, SECTION FOUR. OCEAN REEF PLAT NO. 19 ACCORDING TO THE PLAT THEREOF. J.s RECORDED IN
PLAT BOOK 7. PACE 54 OF THE PUBUC RECORDS OF I.IONROE COUNTY, FLORIDA. AND BEING I.IORE PARTICUlARLY DESCRIBED J.s F0I.1.0WS:
BEGIN AT TliE NORTHEAST CORNER OF LOT 25, BLOCK II. HARBOR COURSE SOVTli SECTlON FOUR THENCE N38' 11'3J"W AlONG TliE EXTENSION
or THE SOVTHEASTERL Y UIIE or SAID LOT 25. BLOCK II. A DISTANCE OF 20.00 FEET TO " POIHT ON A CURVE TO THE LEFi Hl\V1NG A RADIUS
or ~JO.OO ft:ET. A CE/ITR,oI,L ANGLE or 22"55'06". " CHORD BEARING OF N6J"16'OO"W A CHORD LENGTH OF' 170.86 FEET. THENCE AlONG THE ARC OF SAID
cuRVE. AN ARC LENGTH or 172.00 ft:ET TO THE EIIO OF SAlO CURVE; THENCE SI5'16'27"<<. A DISTANCE OF 20.00 FEET TO THE NORTHWEST CORNER OF
SAID LOT 25. BLOCK 8 TO A POINT 0/1 A CURVE TO THE RIGHT Hl\V1NG A RADIUS OF 410,00 FEET, A CEHTRAl.. ANGLE OF 22"55'06.. " CHORD BEARINC OF
S6J"16'OO"E AND A CHORD LENGTH Or 162.91 FEET; THENCE AlONG THE ARC OF SAID CURVE AN ARC LENGTH or 16~.00 ft:ET TO TliE POINT '
or BEGINIIING __
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MONROE COUNTY
OFFICIAL RECORDS