06/18/2003
Grant of
M.ONROE COUNTY
OFFICIAL RECORDS
FILE #1 382 5 0 9
BKJ1 908 PGJ1
Conservation
RCD Jul 14 2003 10:30AM
DANNY L KOLHAGE, CLERK
Easement
THIS AGREEMENT is made this I tJ;t, day Of~
Thomas E. and Shawn M. Dudlev
20 o~
,
by and between
whose address is P. O. Box 2843 Key Largo Florida 33037
County of Monroe
State of Florida
, (Grantor) and Monroe County, a political
sobdivision oftbe State of Florida, wbose ad<hess 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
550 Bonito Avenue, Key Largo Florida 33037
(tbe SeMeot estate), 010" particn1atly described as follow", (Legal description) Lots 13-16 Block 7
An lers Park Plat Book I a e 159, Monroe Coun Records RE# 00552150-000000,
00552160-00000~ 00552170_000000&00552180-000000
The Grantor desires to develop the servient estate as (describe project):
A sinl!le familv home as shown in permit #01-3-2442
The servient estate contains (describe relevant natural features):
Low
The Grantee is a general purpose political subdivision of the State authorized and required to
..gn1ate and control tbe we of "",I property throngh land development <egn\ations in 0''''' to ptotect die
public healtb, safety and welfate. Sec. 9.5-336 of die Gnmtee's land development ...gn1ations ...quires diat
Dudley GOCEA Ll3-16B7 Anglers Park 1
FILE #1 3 825 0 9
BK#1 9 0 8 PGl!: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 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 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 vegetatio~ (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.
Dudley GOCEA Ll3-16B7 Anglers Park
2
FIL& #1 3 825 09
BK#l 908 PG#3
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 or non-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. 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.
Dudley GOCEA Ll3-16B7 Anglers Park
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FILE #1 382 5 0 9
BK#1908 PG#4
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
Deputy Clerk
~lM~
[J /~ R ~ ~ HtJ.s oJJ
Printed name of witness
,-~-kJL-'~~~
~ignature of witness
~/?~ I<&~
'Printed name of witness
and
as identification.
Sworn to and subscribed before me this
~nt~ V'Ie.r3u.-iL
Typed Notary Name and Number
~v I:) if /4<&>L{
Dudley GOCEA L13-16B7 Anglers Park
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
By
;/r< 'JJJ \ ;0,./;",,)
Mayor/Chairman
and
, respectively
" ., A/'1 0 ""'2
CXcX. day of /f l~ ,20 ......J
~~4'Jib -~
Notary Signatu and Seal ~
4
f C~A/>~
~':'At
~~~. 0
TAi."MY VIERGUTl
Notary Public, State ot Florida ~
My comm, expires August 19. 2005 .
No, DD 041464 ~
'k..!.U.~. __.>.l
"
~rLg #1 3 825 0 9
BK#l 908 PG#5
(If Applicable)
OR/iJN ~r0K
(Name of Mortgagee)
1/J.G11d (] VcR6l:A~ HWY
, whose address is
, City of f1 ARAT7-futJ
County of hutVROIL
State of
FL~(OA
having a record interest in the lands described in the Conservation Easement Agreement between
1/--t6f1A~ tal- SH"WN HThOLf:.'f Grantor, and Monroe County, Florida, Grantee, hereby joins in, consents,
and ratifies that Conservation Easement at
below.
NAAJt/#,,J
on the date indicated
(Place of Execution)
~iVcafz-
~ ),( ~, Mortgagee
~, v.p
ST ATE OF FLORIDA
COUNTY OF MONROE
SWORN TO AND SUBSCRIBED before me this
~~ t!2
day of
HAY
2003, by H/tR.Y L,f<,.rCE..
/.---'--------,..,,-._~
, who e~~onallY kn~P me or has produced
as identification.
, iJ.
~'1 t- NfLi:>O~ CC 90005'0
Typed Notary Name and Number
G.~~~
/~t~~ Joy E ~ilson ,
~..~l,~ ,'~ COmlT1i~on~
'" "" ~,"'e't.pim, 'J~?uary27.~
,&:
,.:~~} .
Dudley GOCEA L13-16B7 Anglers Park
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COUNTY
MONROE RECORDS
OFFICIAL
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