Item F3LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: May 20, 2009 Division: Land Authority
Bulk Item: Yes No X Contact / Phone #: Mark Rosch / 295-5180
Agenda Item Wording: Approval to accept the donation of a conservation easement on Lots 43 and
44, Tavernier Cove No. 1, Key Largo.
Item Background: The subject property consists of two undeveloped lots on Sunrise Drive on the
oceanside of Tavernier near mile marker 92. The combined area of the lots totals 7,700 square feet.
The lots have a tier designation of Tier 3-A Special Protection Area, a zoning designation of Improved
Subdivision, and vegetation consisting of tropical hardwood hammock.
The property owner proposes to donate the attached conservation easement to the Land Authority as a
means of maintaining ownership without being subject to sewer assessments by the Key Largo
Wastewater Treatment District. The estimated closing costs for this transaction are listed in the agenda
packet spreadsheet.
Advisory Committee Action: On April 28, 2009 the Committee voted 4/0 to approve accepting this
conservation easement.
Previous Governing Board Action: N/A
Contract/Agreement Changes: N/A
Staff Recommendation: Approval.
Total Cost: $ 652.00 Indirect Cost: $
Cost to Land Authority: 652.00
Budgeted: Yes X No
Source of Funds: Land Authority
(Tourist Impact Tax and State Park Surcharge)
Approved By: Attorney X County Land Steward X .
Documentation: Included: X To Follow:
Not Required:
Disposition: Agenda Item
P ro pe rty
Purchase
Price
CONSERVATION EASEMENT DONATION
05/20/09
Title Attorney Recording
Survey Search Fee Fee
Total
Costs
Tavernier Cove No. 1 $0.00 N/A $125.00 $500.00 $27.00 $652.00
Lots 43 and 44
Donor: Alice C. Allen
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THIS INSTRUMENT PREPARED BY AND RETURN TO:
Larry R. Erskine, Esq.
1200 Truman Avenue, Suite 207
Key West, FL 33040
Property Appraiser's Parcel Identification (Folio) Number:
506360-000000 and 506370-000000
SPACE ABOVE THIS LINE FOR RECORDING DATA
GRANT OF CONSERVATION EASEMENT
THIS GRANT OF EASEMENT is made on this day of , 2009, by
Alice Carroll Allen of 133 Sunrise Drive, Tavernier, Florida 33070, Grantor, to Monroe County
Comprehensive Plan Land Authority, a land authority under Section 380.0663 (1), Florida
Statutes and Monroe County Ordinance No. 031-1986, whose address is 1200 Truman Avenue,
Suite 207, Key West, Florida 33040, as Grantee.
A) The Grantor is the owner of certain real property (the servient estate) located in Monroe
County, Florida, more particularly described as Lots 43 and 44, Tavernier Cove No. 1,
according to the plat thereof as recorded in Plat Book 1, Page 103 of the Public Records of
Monroe County, Florida.
B) This easement is a conservation easement created pursuant to Section 704.06, Florida
Statutes, and is to be governed by, construed, and enforced in accordance with that statute
along with applicable laws of the State of Florida.
Grant of easement.
In consideration for the sum of Ten and 00/100 Dollars ($10.00) and other good and
valuable considerations to said Grantor in hand paid by said Grantee, the receipt of
which is hereby acknowledged, the Grantor hereby grants to Grantee the easement
described below.
2. Easement area.
The location of the easement area on the servient estate is as follows: all of Lots 43 and
44, Tavernier Cove No. 1, according to the plat thereof as recorded in Plat Book 1, Page
103 of the Public Records of Monroe County, Florida.
3. Baseline conditions within easement area.
The Grantor acknowledges as of the date of this instrument the easement area is
undeveloped land forested with tropical hardwood hammock with no clearing,
development, or structures of any kind.
4. Restraints imposed by the conservation easement.
The conservation easement granted by this instrument prohibits the following within the
easement area:
a) Construction or placing of buildings, roads, signs, billboards or other advertising,
utilities, or other structures on or above the ground.
b) Dumping or placing of soil or other substance or material as landfill or dumping or
placing of trash, waste, or unsightly or offensive materials.
c) Removal or destruction of trees, shrubs, or other vegetation except non-native
vegetation whose removal is authorized by the Grantee.
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d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material
substance in such manner as to affect the surface.
e) Surface use except for purposes that permit the land or water area to remain
predominately in its natural condition.
f) Activities detrimental to drainage, flood control, water conservation, erosion control,
soil conservation, or fish and wildlife habitat preservation; specifically no suffering,
permitting, or allowing invasive exotic species of animals or plants to exist.
g) Acts or uses detrimental to such retention of land or water areas.
h) Transfer of development rights to or from the easement area.
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. Modification of easement.
No modification of this easement is binding unless evidenced in writing and signed by an
authorized representative of the Grantee.
7. Attorney's fees.
In the event of any controversy, claim or dispute arising under this instrument, the
prevailing party shall be entitled to recover reasonable attorney's fees and costs,
including appeals.
8. Entry of Grantee's representative on the servient estate.
The Grantee may enter upon the servient estate, after first furnishing the Grantor no less
than 24 hours notice, for the purpose of inspection to determine the Grantor's
compliance with this Grant of Easement.
9. Limitation on Liability for Personal Injury or Injury to Property.
The Grantor waives any rights the Grantor may have to bring a claim against Grantee for
personal injury or injury to property that is caused by the negligent action or inaction of
Grantee or an employee or agent of Grantee during the course of Grantee's activity
related to this Grant of Easement. Grantor holds Grantee harmless from the claims of all
persons for actions, inactions, or activities occurring on the servient estate.
10. Notice.
Any notice provided for or concerning this grant of easement 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 Grant of Easement.
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IN WITNESS WHEREOF, Grantor grants the Conservation Easement above and executes this
instrument on the date first above written.
Witness #1 Signature
Witness #1 Printed Name
Witness #2 Signature
Witness #2 Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this
Carroll Allen who is personally known to me or has produced
identification.
SEAL
My Commission Expires:
Grantor: Alice Carroll Allen
day of 2009, by Alice
as
Signature of Notary Public
Printed Name of Notary Public
IN WITNESS WHEREOF, Grantee accepts the Conservation Easement granted above and
executes this instrument.
Witness #1 Signature
Witness #1 Printed Name
Witness #2 Signature
Witness #2 Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
Grantee: Monroe County Comprehensive
Plan Land Authority
By: Kim Wigington, Chairman
The foregoing instrument was acknowledged before me this day of , 2009, by Kim
Wigington, Chairman of the Monroe County Comprehensive Plan Land Authority who is personally known to me or
has produced as identification.
SEAL
Signature of Notary Public
My Commission Expires: Printed Name of Notary Public
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