05/15/2002
Conservation
MONRO!!: COUNTY
OFFICIAL R!!:CORDS
FILE #1 307 301
BK#1793 PG#1555
RCD Jun 19 2002 08:59AM
DANNY L KOLHAGE, CLERK
Grant of
(',
Easement
--d
THIS AGREEMENT is made this /2> day of
,M fl. 'I ,20 () Z- by and between
William A. Frack, Jr.
24 pockside Lane, PMB 59, Ocean Reef Club, Key Largo, Florida 33037
whose address is
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, Fl 33040
(Grantee).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
8 Bayberry Lane, Ocean Reef Club, Key Largo, Florida 33037
(the servient estate), more particularly described as follows: (Legal description) Lot 9 Block 6 Harbor
Course South, Section 2, Ocean Reef Plat #17 Monroe County PB 7 Pf! 52
RE# 00573700-000900
The Grantor desires to develop the servient estate as (describe project):
Single family home as shown in permit # 99-3-2036
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
Frack L9B6 RCS II
Document Prepared by Jean Reisinger
Address 88800 Overseas Highwav
Tavernier. Florida 33037
1
FILE #1 3 073 0 1
BK#1793 PG#1556
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 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 locate_d 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 ofloam, 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.
2
FILE #1307301
BK#1793 PG#1557
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 ~s 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 reoresentative 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 onegistered 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.
3
FILE #1 307 301
BK#1793 PG#1558
.,C~" IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year fIrst
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BOARD OF CO
OF MONROE
By
ISSIONERS
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S~:;anll DRflNlXG
Printed name of witness
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Grantor
W;lL~afM A
Printed name of GTantor
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Grantor
Printed name of Grantor
STATE OF FLORIDA
COUNTY OF MONROE
BEF:zzORE ME the undersigned authority, personally appeared \.1 J\l-*,-,-A(\A. A.. ~~~~
and _ ~ ,who are personally known to me, or have produced
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and
, respectively
as identifIcation.
Sworn to and subscribed before me this
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4
FAX NO.
~008
P. 07/09
02/06'2002 16:29 FAX 6103765610
FEB-05-2002 TUE 03;33 AM
Stevens & Lee
FILE #1 307 301
BK#1793 PG#1559
(If Applicable)
Fi:q~t C,pmmun::\tv Bank, NA
~all1o otMon&asee)
101 Brookfall Dairy Rd
, whOllc IlQQWSi is
, City of Elkin
11 J I
County of' Surfv Stato of Nor.~:p Carolina
J1l\yins . ffeotd Jnterett In ds. 1...& d..oribod In tho CoMOrVatI01\ J3Momcut Agrool1l\)nL belwoCn
William A. hack, Grantor, and Monroo County, l/lor:lds, Orantee, hereby joins in, concenl8t
8 Bayberry Lane, Ocean Reef Club
and rattftes that COl18Orvation &tertle1\lat I}ey Lar~o, Flt ~JJJ37 au tho dKto indicated
oolow. (Place ot~~tion)
, Mortsaseo
Donald W. Macaulay
~'l'IU'l8<~1lV"'4~ STATE OF NORTH CAROLINA
ti!falINMHWlil$~OUNTY OF SORRY
iM- ~
SWORN TO AND SUDSCJUIlIlD bolbro mo ibis .::J day of. .:J
20~ by~vJl- \D . ~ {l:~ ,@,ts personallY known to m~orbas produced
as identifioation.
. Marilvq K. Hale
Typed Notary.Nanlo and Number
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Notary SiSJUlluro and S~I..\(: .;: ..'
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FILE #130 PG#1560
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