03/17/2004 Agreement (LT27,BLK2)
Clerk oflhe
Cimul clun
Danny L. Kolhage
Phone: 292-3550 Fax: 295.3663
Memnrandum
To:
Tim McGarry,
Growth Management Director
Attn:
Mayra Tezanos,
Executive Assistant. . \I
Isabel C. DeSantis, r
Deputy Clerk
From:
Date:
Monday, April 19, 2004
At the March 17, 2004 EOCC meeting, the following items were approved:
Grant of Conservation Easement between Monroe County and Marvin Barrett,
Permit No. 02-3-309, for property described as Lots 14, 15, 18 & 19, Block 12 Anglers
Park, RE Nos. 00553040-000000,00553100-000000, and 00553050-000000.
Grant of Conservation Easement between Monroe County and Merle & Carmen
Prebel, Permit No. 02-3-4524, for property described as Lot 27, Block 2 Harbor Course
South Section 1, Ocean Reef Plat #13, RE No. 00572797-003200.
Enclosed please find copies of the above-mentioned for your records, Should you
have any questions, please do not hesitate to contact my office,
Cc: County Administrator w/o doc.
M, Marrett - original GOCEA
M, Pre bel - original GOCEA
County Attorney
Finance
File
Grant of
MONROE COUNTY
OF'[i'ICTAL RECORDS
Conservation
PILE #1 43 434 7
BK#l_ 98S PG#l 537
Reo Mar 31 2004 03:12PM
DANNY L KOLHAGB, CLBRK
Easement
THIS AGREEMENT ;. made !fri./! ~y of /rJ1f I?:.. GH . 20~ by and between
Merle & Carmen Prebel
whose address is 24 Dockside Lane, Ocean Reef Club, Key Largo Florida 33037
State of Florida, (Grantor) and Monroe County, a political
County of Monroe
(Grantee).
subdivision of the State of Florida, whose address is 5100 College Road, Stock Island, Key West, F133040
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
27 Dilly Tree Park Ocean Reef Club, Key Largo Florida33037
(the servient estate), more particularly described as follows: (Legal deSCription) Lot 27 Block 2
Harbor Course South Section 1 Ocean Reef Plat # 13 PB7-PIl3 Monroe County Records
RE# 00572797-003200
The Grantor desires to develop the servient estate as (describe project):
A siDlde familv home as shown in oermit #02-3-4524
The servient estate contains (describe relevant natural features):
Low
public health, safety and welfare. Sec. 9.5-336 of the Grantee's land development regulations requires that
regulate and control the use of real property through land development regulations in order to protect the
The Grantee is a general purpose political subdivision of the State authorized and required to
Prebel 821..27 HCS See I
RE# 00572797.003200
and soil conservation.
d. No activities detrimental to drainage, flood control, water conservation, erosion control
PILg #1 43 4347
BK#1988 PG#1538
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 plantini of non-native plants.
5. Terms and oersons bound.
This conservation easement is perpetual, runs with the land and is binding on all present and
whose consent is attached hereto, is (are) the only mortgagee(s) having a security interest in the servient
subsequent owners and mortgagees of the servient estate. Grantor represents that the mortgagee( s), if any ,
estate.
6. Entire A2Teement.
the extent incorporated in this Agreement.
or representation of any kind preceding the date of this agreement is not binding upon either party except to
This agreement constitutes the entire agreement between the parties and any prior understanding
7. Modification of A2reement.
connection with this Agreement is binding only if evidenced in writing and signed by an authorized
Any modification of this Agreement or additional obligation assumed by either party in
representative of each party and by any mortgagee.
8. Attornev's fees.
is entitled to recover reasonable attorney's fees and costs.
In the event of any controversy, claim or dispute arising under this instrument, the prevailing party
9. En of Grantee's re resentative 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 detennine the Grantor's compliance with this Agreement.
10. Notice.
respective address of each party as set forth at the beginning of this Agreement.
when sent by certified or registered mail, or via an equivalent service furnished by a private carrier, to the
Any notice provided for or concerning this Agreement must be in writing and is sufficiently given
Prebel B2L27 HCS See I
RE# 00572797.003200
3
~ILg #1 43 43 47
BK#l988 PG#1539
condition if the servient estate is to be developed as a single family home
certain areas of the servient estate be retained as open space and preserved in their natural
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 Iwveminl! law.
construed and enforced in accordance with that statute and with the applicable laws of the State of Florida.
This easement is a conservation easement under Sec. 704.06, Fla. Stat. and is to be governed by,
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
instrument in its entirety.
as Exhibit "A" and, by reference, made a part of as fully and to the same effect as if set forth in this
4. Restraints imposed bv the Conservation Easement.
future use of the servient estate within the easement area:
The conservation easement granted by this instrument imposes the following restrictions on the
vegetation whose removal is authorized by the Grantee's biologist).
a. No removal, trimming or pruning of trees, shrubs, or other vegetation (except non-native
b. No acts that are detrimental to wildlife or wildlife habitat preservation.
substances is such manner as to affect the surface.
c. No excavation, dredging, or removal of loam, peat gravel, soil, rock, or other material
Prebel B2L27 HCS See I
RE# 00572797.003200
2
above written.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year fIrst
PILe #l 43434 7
BK#l988 PG#_l 54121
(SEAL)
I
ATTEST: D~ L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
a;.~
~am
B~T~~-<<...--41 ~~
Mayor/Cha~
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Prinrd ~f witness
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Prfh( J
Printed name of Grantor
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personally appeared N E R.. Lf:
and CMm 0.1 PR 1'1'1 to L. ,who are P...onally Ja.own to me, or have produced
PR r:J3 E L.
and
, respectively
as identifIcation.
Sworn to and subscribed before me this
"7/, r-
O<L.J day of ,- FA
c~J
tary Signature and Seal
,200 Y
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Typed Notary Name and Number
Prebel B2L27 HCS See I
RE# 00572797.003200
..,......"
o>~~"!fl'If~~ K.E.MEAD I
f-: :~ MY COMMISSION # DO 093223
l ........"l EXPIRES: February 18,2006
~4lt..lli . Bcnaeo 11>ru N018ry PtJbjjc Ul1<1erw'~e's
4
(If Applicable)
PILN #l 43 43 4 7
BK#l988 PG#l541
I~)r>&)"lit i:i /?r;'1/ of
(Na of Mortgagee)
rJ S ."
1.../',:,
A ;QU;
;:--: /u ,2/ ;,..Lz.
, whose address is
::.," vi /')7
/11/';; /1 " <-l(
, City of
/-h/n1J? sly /4./
.
County of J/J (tin],' . /)/J.d r
State of
j- IG~I (I t!f
having a record interest in the lands described in the Conservation Easement Agreement between
lVlG r I c ~ ((/ (fl<lft (J.',J" / Grantor, and Mooroe Caonty, Florida, Grantee, hereby joins m, consents,
.(,2 7 (),j I / 1/~...L /Jc;r f..
and ratifIes that Conservation Easement at k O. J Lit YJ I \ I ? It~ 13 i.' -: 7 on the date indicated
below. (Place of Execution)
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h'c-y./~c...1 /td.r-tf.-
Witness
ktif>L.;!,'A.r!;;: 1/1 UjL I iLL.....
Witness
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.-'7 f .'. ..,.,__~...--<:<~
-'c>~-c..t./f..cj . I - , gagee
Community Bank of Flor
Emilio Hernandez
First Vice President
STATE OF FLORIDA
COUNTY OF MONROE
SWORN TO AND SUBSCRIBED before me this
~
day of '; eh
20 0::+ by E In: \; {)
\-\. e.. C()( ~ ()- ~ / ' ~ho is personally known to me or has produced
J as identifIcation.
,-Y Lt r\iu2... / ) J( /f,y (,{~ ~k0 . ) ty'
'-~ I \../ /
Typed Notary Name and Number Notary Signature and Seal
~'-;i<-'tP(;- OFACIALNOTA/llVSiAI. ,
0" <9<... LYNNE M GUAOAMUZ
~. ~ COMMISSIONNUMSER
':l <(' 00026169
7?- l? ....' COMMISSION EXPIRES
_. OF r' r MAY tS,20OS
Prebel B2L27 HCS See I
RE# 00572797.003200
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MONROE: COUNTY
OFF'TCIAL RECORDS