04/19/1991
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CONSERVATION EASEMENT DEED
A CONSERVATION EASEl-lENT is hereby granted and conveyed on
the 19th day of, Apr il
, 19~, by the Board of County
Commissioners of Monroe County, Florida, (hereinafter referred to
as GRANTOR) to the Monroe County Land Authority (hereinafter
referred to as GRANTEE), for and in consideration of $1 and other
valuable considerations in hand paid, in the following property:
Lot 3 of Section 26 in T.65S., R.33E., and Lot 1 of
Section 35 in T. 65S., R. 33E., known as Eastern Crawl
Key, Monroe County, Florida.
GRANTOR has, through eminent domain proceedings, obtained
fee simple title to the above-described real property located in
Monroe County, Florida;
The property has scenic, natural and aesthetic value in its
present state as a natural area which has not been subject to
development or exploitation;
The GRANTOR is willing to grant a conservation easement over
the property, thereby restricting and limiting the use of the
land and contiguous water areas of the property, on the terms and
conditions and for the purposes hereinafter set forth;
The GRANTOR and GRANTEE recognize the scenic, natural, and
aesthetic value of the property in its present state and have, by
the conveyance of a conservation easement to the GRANTEE, the
common purpose of conserving the natural values of the property,
preserving the natural character of the property, and preventing
the use or development of the property for any purpose or in any
manner which would conflict with the maintenance of the property
in its natural condition except as otherwise provided within the
conservation easement deed;
THEREFORE, in consideration of the receipt of funding to
acquire fee simple title to the above-described property, the
receipt of which is hereby acknowledged, GRANTOR hereby grants
and conveys unto the GRANTEE and its successors in perpetuity an
interest and conservation easement of the nature and character to
the extent set forth, in respect to the lands of the GRANTOR
located in Monroe County which are described above.
The terms, conditions and restrictions of the conservation
easement are as set forth, pursuant to Florida Statute Section
704.06:
1. The Crawl Key property described above shall be
used solely for solid waste management facilities.
2. The solid waste processing facilities shall be
under a roof, shall include a septage treatment
facility, and shall be consistent with the most
environmentally safe contemporary technologies.
3. No incinerator shall be constructed on the above-
described property.
4. Disposal of solid waste shall be restricted to
inert landfill on the above-described property.
5. Existing borrow pits may be used for storage of
clean construction debris.
6. The fringing mangroves and existing wetlands on the
above-described property shall not be disturbed except
as provided by law.
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The GRANTOR expressly reserves for the County of Monroe the
right to continue the use of the property for all purposes not
inconsistent with this conservation easement.
The GRANTOR agrees that the terms, conditions, restrictions
and purposes of this conservation easement will be inserted in
any subsequent deed or other legal instrument by which the
government of Monroe County divests itself of either the fee
simple title to or of its possessory interest in the subject
property.
TO HAVE AND TO HOLD unto the Monroe County Land Authority
and the Board of County Commissioners of Monroe County, Florida,
to the use of the GRANTEE, its successors and assigns forever.
The covenants agreed to and the terms, conditions, restrictions
and purposes imposed as aforesaid shall not only be binding upon
the GRANTOR but also its agents, personal representatives and
assigns and all other successors to its interest, and shall
continue as a servitude running in perpetuity with the
above-described land.
IN WITNESS WHEREOF, the GRANTOR has hereunto set the
signatures and seals of the appropriate officials on the day and
year above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
Attest: DANNY 1.. K::OLHAGE, Clerk
BY:
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