03/20/2002 Easement
Grant of
Prepared by: Niko Reisinger
Monroe County Biologist
2798 Overseas Highway
Marathon FL 33050
Conservation
MONROIil COUNTY
O!f!fICIAL RECORDS
Easement
!fILE #1 294784
BK#1777 PG#192
RCD Apr 17 2002
DANNY L KOLBAGE
,
09 d 1 AM
CLERK
THIS AGRilEMENT is made 1his.1i!1.y of ~ 20&,"2- by and betweco
Brian w: and Candace L. Basilius
/
whose;address is 467 Barracuda Blvd, Key Largo Florida 33037
County of Momoe
State of Florida
, (Grantor) and Momoe County, a
Fl33040 (Grantee).
political subdivision of the State of Florida, whose address is 5100 College Road, Stock Island, Key West,
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
467 Barracuda Blvd. Key largo Florida 33037
(the servient estate), more particularly described as follows: (Legal description) Lot 26 & 27 Block 7
Records
RE # 00552280-000000 and 00552290-00QOOO
.
The Grantor desires to develop the servient estate as (descnbe project):
A sinl!le familv home as shown in permit # 99-3-1013
The servient estate contains (descnbe relevant natural features):
Low
public health, safety and welfare. Sec. 9.5-336 of the Grantee's land development regulations requires that
regulate and control the use of real property through land development regulations in order to protect the
The Grantee is a general purpose political subdivision of the State authorized and required to
Basilius GOCEA
Lot 26 & 27 Block 7
Anglers Park
00552280.000000 & 00552290.000000
PILE #l 2947 84
BK#l777 PG#l93
condition if the servient estate is to be developed as a single family home
certain areas of the servient estate be retained as open space and preserved in their natural
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 20verniOl! law.
construed and enforced in accordance with that statute and with the applicable laws of the State of Florida.
This easement is a conservation easement under Sec. 704.06, Fla. Stat and is to be governed by,
a. The conservation easement is located as follows
3. Location of the easement. (metes and bounds description of the open space area)
as shown in Exhtbit A attached
b. The location of the easement is also described in the diagram attached to this instrument
instrument in its entirety.
as Exhibit "A" and, by reference, made a part of as fully and to the same effect as if set forth in this
4. Restraints imposed bv the Conservation Easement.
,
future use of the servient estate within the easement area:
The conservation easement granted by this instrument imposes the following restrictions on the
vegetation whose removal is authorized by the Grantee's biologist).
a. No removal, trimming or pruning of trees, shrubs, or other vegetation (except non-native
b. No acts that are detrimental to wildlife or wildlife habitat preservation.
substances is such manner as to affect the surface.
c. No excavation, dredging, or removal of loam, peat gravel, soil, rock, or other material
Basilius GOCEA
Lot 26 & 27 Block 7
Anglers Park
00552280.00000o & 00552290.000000
2
~rLg #1294784
BK#1777 PG#.l94
and soil conservation.
d. No activities detrimental to drainage, flood control, water conservation, erosion control
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 plantin~ of non-native plants.
5. Terms and persons bound.
This conservation easement is perpetual, runs with the land and is binding on all present and
estate.
whose consent is attached hereto, is (are) the only mortgagee( s) having a security interest in the servient
subsequent owners and mortgagees of the servient estate. Grantor represents that the mortgagee( s), if any ,
6. Entire A~eement.
the extent incorporated in this Agreement.
or representation of any kind preceding the date of this agreement is not binding upon either party except to
This agreement constitutes the entire agreement between the parties and any prior understanding
7. Modification of A~eement.
representative of each party and by any mortgagee.
connection with this Agreement is binding only if evidenced in writing and signed by an authorized
Any modification of this Agreement or additional obligation asswned by either party in
8. Attorney's fees.
I
is entitled to recoyer reasonable attorney's fees and costs.
In the event of any controversy, claim or dispute arising under this instrument, the prevailing party
9. En of Grantee's re resentative on the servient estate.
24 hours notice for the purposes of inspection to determine the Grantor's compliance with this Agreement.
The Grantee's representative on the servient estate, after frrst furnishing the Grantor no less than
10. Notice.
respective address of each party as set forth at the beginning of this Agreement.
when sent by certified or registered mail, or via an equivalent service furnished by a private carrier, to the
Any notice provided for or concerning this Agreement must be in writing and is sufficiently given
Basilius GOCEA
Lot 26 & 27 Block 7
Anglers Park
00552280.00000o & 00552290.000000
3
FrL~ #1 2 94784
BK#.l 7 7 7 PG# 1 9 5
above written.
IN WITNEss WHEREOF, the parties hereto have set their hands and seals the day and year fIrst
Signature of witness
A/J ) A /t;~
Printed name of witness
BOARD OF COUNTY CO
OF MONROE CO
By
Jt~k.~~J~~
Grantor
/5#1#h ~ fl&<f'/~ivT
Printed name of Grantor .
L4.r.4.t. c7t?hz""L~
Grantor
(bnda('e L. 8Qs/ /;u.5
Printed name of Grantor
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personally appeared (10 /(:,t/? /I/" cI ~.IJ/J ~ YC/ I-cd
and fA /JCh /1/7 ./cI.Ag~ \~ Sit; Ll. ~ ,who are personally known to me, or have produced
y''Jf /J"j &tlaJ ~_ .e;J{;)J r! and
as identification.
Sworn to and subscribed before me this
(let 7L?1)) frB
Typed Notary Name and Number
Basilius GOCEA
Lot 26 & 27 Block 7
Anglers Park
00552280.000000 & 00552290.000000
!)t/1~tJ~ ~10hJ/~speCtiVelY
r.:/t/'0-
PIL~ #1 294784
BK# 1. 7 7 7 PG# 1 9 6
(If Applicable)
Community Bank of Florida
(Name of Mortgagee)
100150 Overseas Hwy
, whose address is
, City of Key Largo
County of
Monroe
having a record interest in the lands described in the Conservation Easement Agreement between
State of
Florida
Basilius
Brian loT. and Candace L. Gnntor, and Monroe County, Florida. Gnmtee, hereby joins ... '0"'_,
below..
and ratifies that Conservation Easement at J{ey T.ar~o. Florida
(Place of Execution)
on the date indicated
4 w~~A.J
Witness
rtgagee
STATE OF FLORIDA
COUNTY OF MONROE
SWORN TO AND SUBSCRIBED before me Ibis ~~ doy ~/l(/ d:>o/
2007; by A'C:0a rOC IJ ~ /. i who is -Uy Imo":,, to me or bas produced
I )e~d<'J AfJOIll /1LJ!O "'t.( aSldentifi;a'on.
l/lt.(h'} Z1?/n'J..:5
Typed Notary Name and Number
~t1RA 'I'lioMAS j
~~STATBOFFLa>.IDA
~OI:JiUN No. CC7601ee
~ '."!~I.9~'lt..
Basilius GOCEA
Lot 26 & 27 Block 7
Anglers Park
00552280.000000 & 00552290.000000
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