06/18/2003
MONROR COUNTY
OFFICIAL RECORDS
Grant of
FILR #1 3 825 1 0
BK#1908 PG#7
RCD Jul 14 2003 10:31AM
DANNY L KOLHAGE, CLERK
Conservation
Easement v
THIS AGREEMENT is made this 1J'.tI, day of
, 20 0 ~ by and between
li:x
whose address is
.31 OC-E"IrN ~~ b~ - C36.:l- k.eY lA'RGOJ FL 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
435 Coral Lane, Ocean Reef Club, Key largo Florida 33037
(the servient estate), more particularly described as follows: (Legal description) Lot 20 Block 8
Harbor Course South Section 4, Monroe County Platbook 7 paRe 54
RE # 00573720-002000
The Grantor desires to develop the servient estate as (describe project):
A single familv home as shown in penn it 01-3-2583
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
ExcaliberGOCEA
- 1 -
Document prpared by Jean Reisinger
88800 Overseas Highway
Tavernier, Florida 33070
FIL& #1 3 825 1 0
BK#1 908 PG#8
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 of loam, peat gravel, soil, rock, or other material
substances is such manner as to affect the surface.
Excaliber
RE# 00573720,002000
2
FIL~ #1 3 825 1 0
BK#1908 PG#9
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. 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. 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.
Excaliber
RE# 00573720.002000
3
FILE #1 382 5 1 0
BK#1908 PG#10
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
By -'k;J }n.~. L.~
Mayor/Chairman
~L...J..,...~
SIgnature 0 Itness
MltflH 1-1055 SA-UIel AI 6
Pri"?,d name of,witness ~~
L{tJ1fll~~ ill
Signature of wi ess
N,Chole V fl1c~~
Printed name of witness
\ l::::~
~_"~.u--'*
Grantor
MIT"k M. aU~/<"S" -1>A.t!'Slbt!IJT
Printed name of Grantor E1t.. Cltt.I a u-=. titCOO,lN. !,.
Grantor
Printed name of Grantor
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personally appeared M I Tit' ft. l.3u~C(;
and ,who~ personally known to me, or have produced
8
and
, respectively
as identification.
Sworn to and subscribed before me this
I'
day of
MkY
, 20 0.3
Typed
, " .
~l
and Numb~1"8
........., '""" II "** ....
.
,
-.-.....
Excaliber
RE# 00573720.002000
4
05/20/2003 15:51
3053679969
SUNSHINE 2000
PAGE 08
,"__ .._..n_~" _.._.---...... ...-.....
FIL~ #1 3 825 1 0
BK#1908 PG#11
(If Applicable)
{!;kJ ~ 0 { So () 111 Fu (b(l11, whose address is
Aot
,City of 1~t4A f5 7:PA ()
P7--o IZt [) A
[,/-cp,\-....'I.ol...r" .JooC)~l.:.... Grantor, and Monroe CounlY, Florida. Grantee, hereby joins in, consents,
and ratifies that Conservation Easement at
below.
.\.\.n\rr,.O s.\-I!'.,4-~ ~L
,
on the date indicated
(Place of EKccUlion)
/...../-")
s ~
Mortgag~
STATE OF FLORIDA
COUNTY OF MONROE
SWORN TO AND SUBSCRIBED before me this ;;Lo -t.b- day of ~
20<23,' by c... A ....1l~ L&-L.J fV-l c.e...
. who is personally known to me or has produced
as identification.
~~~-
Notary Signature and Seal
Typed Notary Name and Number
~xca\jbcr
R[!1l 00573720-002000
5
\\E
FILE #1 382 5 1 0
BK # 1 9 0 8 PG# 1 2
JOB NO. 00052
(I
SECTION 19, TOWNSHIP 59 S.. RANGE 41 E.
SECTION 24. TOWNSHIP 59 5., RANGE 40 E.
FB 5 , PGS. 41
LEGAL DESCRIPTION:
Lot 20, Block 8, HARBOR COURSE SOUTH SECTION FOUR. OCEAN REEF PLAT No. IS, occordlng to the Plat thereof:
os recorded in Plot Book 7 at Page 54, of the Public Records of Monroe County. flarida.
AND
A Portion of Tract B, HARBOR COURSE SOUTH, SECTION FOUR, OCEAN REEF PLAT No. 19, occording to the Plat
thereof, as recorded In Plot Book 7. at Page 54 of the Public Records of Monroe County. Florida and being
more particularly described as follows:
Begin at the Southwest corner of Lot 20. Block 8. HARBOR COURSE SOUTH, SECTION four: thence S81'J8'44.W
along the Westerly extension of the Souther!y' Line of sold Lot 20 for 19.40 feet, thence N15'J7'OS.W for
118:1: ta the Waters edge; thence S24'40'00 e: along the Westerly Line of said Lot 20. Block 8
for 122.25 feet to the point of beginning.
g
'-
~
III
~[-#- Co5 7372 00 021XJO
Ac0.r ess : if 09 tDro...\ l...aY\'2..-
K01 LOS(f, ~~~{
\
L 0
"\
2 ,
III
~
t:)
'86 4-6'(P)
N79'29'~~:~ ,71,00' M
579'36 50
\ \ '-
\Ib
~.p
~\
2' (p)
'44"E. '55.6
NB":3B. oE '56.35' (M)
N6,''''251
/
/
L 0
"\
, 9
VI
o
vo
~
~
Ul,
\ \~
\ t
CERTIFIED TO:
EXCAUBUR 2000. INC.
/
NOTES:
1) MEASURED BEARINGS ARE BASED ON THE CENTERUNE OF CORAL LANE BEING N 03'45'15"E (P).
2) THIS SURVEY WAS PREPARED WITHOUT THE BENEfiT Of A TITLE POLICY AND MAY BE SUBJECT TO EASEMENTS, RIGHT-Of-WAYS.
RESTRICTIONS AND OTHER MA TIERS OF RECORD.
3) NO UNDERGROUND ENCROACHMENTS OR IMPROVEMENTS WERE LOCATED UNLESS OTHERWISE STATED.
4) ELEVATIONS (IF SHOWN) ARE BASED ON N.G.V.D. 1929 (NATIONAL GEODETIC VERTICAL DATUM 1929).
5) SUBJECT PROPERTY APPEARS TO BE IN ZONE . AE (EL9t AS SCALED ON THF; "FLOOD INSURANCE
RATE MAp. COMMUNITY PANEL NO. 125129 0666 G, DATE OF INDEX 6/16/95.
6) PRINTED DIMENSIONS SHOWN SUPERSEDE SCALED DIMENSIONS.
7) USE OF THIS SURVEY BY ANYONE OTHER THAT THOSE .CERTIFIED TO" WILL BE THE RE-USERS SOLE RISK WITHOUT LIABILITY TO THE SURVEYOR.
8) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL Of A FLORIDA PROfESSIONAL SURVEYOR AND MAPPER.
9) THIS SURVEY IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS""OR ENVIRONMENTALLY SENSITIVE AREAS.
LEGEND:
A DELTA CIa SEYoER ClEAN OUT \<I.V WAlER VAlVE
A ARC lLNC'ftl CbNc CONCRETE FDH rOUND DRill. HOU:
$PH ASPHAl T CS CONCRETE SUB I'IP rOUND OPEN PIPE (SIZE)
CHORD LENGllJ (0) DEIJl DATA fClP fOUND CAPPED PIPE (SIZE)
CAlCULATED DRAIN DRAINAGE FlR fOUND IRON ROD (SIzE)
CONCRETE BLOCK EASWT EASEMENT fCIR fOUND CAPPIJl IRON ROD (SIZE)
CONCRETE BLOCK STRUCTURE (101) FlElO MEASURED DATA FN fOUND NAIL
CHAIN LINK FENCE: tc FENCE: CORNER OR POST FNI<ll fOUND NAIL " DISK (MARKIJl)
I HEREBY CERTII'Y THAT THIS SURVEY WAS MADE UNDER MY RESPONSlBLL CHARGE AN THAT SAID SURVEY REPRESENTED
~~=:~E~~ ~~~~~~~~::~~gA ~~:':S~A~~ THE FLORIDA BOf'RD 0: P S AL SUI! S AN..:' MAPPERS
COOE. PURSUANT TO SECTION 472,027 F\.ORIDA STATUTES.
FPP FOUND PINCHED PIPE (SIZE)
LB UCEHSIJl BUSINESS
LS UCENSOl SURVEl'OR
liAS ' MASONRY
Me MAIl. eox
PP POWER POlL
TEL TELEPHONE BOX
WII WATER MElER
TYPE OF SURIlEY
BOUNDARY
LOC" TEO CLEARING
WF
l~l
R/W
SIR
SH"D
(W)
WOOD fENCE
PLAT DATA
RADiAl
RADIUS
RIGHT-Of-WAY
SET IRON ROD S/8" PSWIsn2
SET NAIL AND DISK PSWIS772
\illNESS CORNER
\IlWAII M. HINCKLEY
PROfESSIONAl SURVEl'OR AND MAPPER NO. S 2
STATE Of F\.ORIDA
DATE WILLIAM M. HINCKLEY
11/20/00 PROFESSIONAL SURIlEYOR AND MAPPER
5/14/03 P.O. BOX 1557
ISLAMORAOA. FLORIDA 33036
PHONE/I'AX (305)853-7034
MONROE COUNTY
OFFICIAL RECORDS