09/21/2004
Grant of
D~cl 14744S8 10/19/2004 10: 37AM
~o~R~l ~OUN:yd bAtfJ~ tL~akotHAG~S of
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Conservation
Docl 1474458
SkI 20S1 PsI 1549
Easement
THIS AGREEMENT is made this~1 i+ day of J ..pi,,", /:',r ,20 0'-1
- ,
by and between
Gerardo Rubio and Maria Rubio
whose address is 1402 S. E. 16th Avenue, Homestead, Florida 3303
County of Miami-Dade
State of Florida
, (Grantor) and Monroe County, a
political subdivision ofthe 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
78 John Silver Drive, Key Largo Florida 33037
(the servient estate), more particularly described as follows: (Legal description) Lots 1-4 & 15-18
Block 8 Pirates Cove, PB 3 Pf! 18 Monroe Records, RE#00493870-000000, #00493880-,
#00493890-, #00493900-, 00494010-, #00494020-, #00494030- & 00494040-000000
The Grantor desires to develop the servient estate as (describe project):
A single familv home as shown in permit 02-3-3992
The servient estate contains (describe relevant natural features):
Moderate Quality High 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
Rubio & Fereira GOCEA
- I -
Document prepared by: Jean Reisinger
88800 Overseas Highway
Tavernier, Florida 33070
Doca 14744ea
Bka 20el p.a lee0
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 iIllDosed 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.
Rubio & Fereira GOCEA
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Doell 1474458
Bkl 20e1 Pgl 1ee1
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 plantin~ 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
cmmection with this Agreement is binding only if evidenced in writing and signed by an authorized
representative of each party and by any mortgagee.
8. Attornev'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.
Rubio & Fereira GOCEA
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Docll 1474458
Bkll 2051 PgII 1552
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
a~ve:written.
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; Am~rt"D~L.KOLHAGE,CLERK
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
By DA~R PRO TEM
N\ON _,<:, f"
,,:;';'::'")/EDASTQ l,
By.{hMc Lf!v}j~
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Si e f witness
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Printed me of wItness
Grantor
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Printed name of Grantor ,
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Grantor
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Printed name of Grantor
STATE OF FLORIDA
COUNTY OF MONROE
. ~7~4/Z0v fvB((.)
BEFORE ME, the undersigned authority, personally appeared
and /L1 A ;Ztft r<. ..;IS {U ,who are personally known to me, or have produced
[hi lle ~ ~ ?;C.t?L;se
and ypfee ~ r~51 ~ lv-c.1 f /);0 , respectively
as identification.
Sworn to and subscribed before me this
"1--1/-. day of tJ uS L/ sf, 20 .
cfi,bU-\J>> (! ~
Notary Signature and Seal ~
lJa-c; c)O' Lbda \~ - Ye\" Q L .fJ DDO~ j.? ?';;~-
Typed Notary Name and Number
Rubio & F ereira GOCEA
4
J';J\. MMeoI CacaIa Perez
\"'1 My CommIuion 00088351
.......,; ExpiNs February 28, 200EI
Docll 14744!58
Bkll 20~1 PSI 1!5!53
(If Applicable)
l~PI~hl'!f~O~~~ftL &nt, fR ,whoseodille"i,
'2000 \ PCZA l(<..\~ Sr~d ' City of
County of Los Arg elt.S
having a record interest in the lands described in the Conservation Easement Agreement between
State of
ChAt~WO(Ltl\
D1L ~{UllA
C::.t.R~dD l2u b ( () Grantor, and Monroe County, Florida, Grantee, hereby joins in, consents,
(f\~f) fu.e\f~.ARu1\O . -.
and ratifies that Conservation Easement at 0 t. on the date indicated
below.
I
(Place of Execution)
Witness
d( ~ FlJz~~
STATE OF FLORIDA
COUNTY OF MONROE
SWORN TO AND SUBSCRIBED before me this
c2i
day of :s (,J. / '1
200t./, by ~M/1e Ah14?f',R~/l/n~
, who is p~ally ~own to me or has produced
as identification.
R. SHELOON #-1277268
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Typed Notary Name and Number
Notary Signature and Seal
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- t:fIa CommIssIon '12772e1
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Rubio & Fereira GOCEA
5
EXHIBIT" A"
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LEGAL DESCRIPTION FOR CONSERVATION AREA AT
78 JOHN SILVER DRIVE. KEY LARGO. FLORIDA
BEGIN THE NORTHWESTERLY CORNER OF LOT IS, BLOCK 8 OF PIRATES COVE
SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3
AT PAGE 18, OF TIIE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. THENCE
RUN S.45aI7"W. ALONG TIIE NORTHERLY LINE OF LOTS IS AND 4 OF SAID BLOCK 8
FOR A DISTANCE OF 100 FEET TO THE SOUTHWESTERLY CORNER OF LOT 4;
THENCE RUN S.44"43"E. ALONG THE SOUTHERLY LINE OF LOTS 4, 3, 2 AND 1 OF
SAID BLOCK 8 FOR A DISTANCE OF 175.00 FEET TO A POINT OF CURVATURE;
THENCE RUN SOUTHEASTERLY AND NORTHEASTERLY ALONG THE ARC OF A
CIRCULAR CURVE TO THE LEFT WITH A CENTRAL ANGLE OF 90"00'00" AND A
RADIUS OF 25.00 FEET FOR AN ARC DISTANCE OF 39.27 FEET TO A POINT; THENCE
RUN N.45 al TE. ALONG TIIE SOUTHERLY LINE OF LOTS 1 AND 18 OF SAID BLOCK 8
FOR A DISTANCE OF 50.00 FEET TO A POINT OF CURVATURE; THENCE RUN
NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO
TIIE LEFT WITH A CENTRAL ANGLE OF 90aOO'00" AND A RADIUS OF 25.00 FEET FOR
AN ARC DISTANCE OF 39.27 FEET TO A POINT; THENCE RUN N.44043'W. ALONG THE
NORTHERLY LINE OF LOTS 18 AND 17 OF SAID BLOCK 8 FOR A DISTANCE OF 62.00
FEET TO A POINT; THENCE RUN S.45" 17"W. FOR A DISTANCE OF 74.00 FEET TO A
POINT; THENCE RUN N. 44" 43"W. FOR A DISTANCE OF 108.00 FEET TO A POINT;
THENCE RUN N.45al TE. FOR A DISTANCE OF 74.00 FEET TO A POINT ON THE
NORTHERLY BOUNDARY LINE OF LOT 15 OF SAID BLOCK 8; THENCE RUN
N.44a43'W, ALONG TIIE LAST DISCRlBED LINE FOR A DISTANCE OF 5.00 FEET TO
THE POINT OF BIGINNING.
Document prepared by: American Services of Miami, Copr.
Engineers - Planners - Surveyors
2450 S.W. 137th Ave., Suite 217
Miami, Florida 33175
J10NROE COUNTY
OFFICIAL RECORDS
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SKETCH OF BOUNDARY SURVEY
Docll 14744!58
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AREA ALREADY CLEARED = 6.400 SO.Fr.
fUTURE CLEARING AREA = 1.600 SO.Fr.
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LE~AL DESCRIPTION:
LOTS 1,2,3,4,15,16,17 AND 18, BLOCK 8, OF PIRATES COVE SUBDIVISION ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 3 AT PAGE 18 OF THE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA
LOCATIQN MAP
NTS
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SkI 2051 PSI 1554
~
CERTIFIED TO: AVIV CONSTRUCTION
WE HEREBY CERTIFY THAT THE ATTACHED SKETCH OF BOUNDARY SURVEY OF THE ABOVE DESCRIBED PROPERTY IS A TRUE AND
CORRECT REPRESENTATION OF A FIELD SURVEY MADE UNDER MY SUPERVISION AND MEETS THE MINIMUM TECHNICAL STANDARDS,
AS SET BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS, IN CHAPTER 61G 17-6 OF THE FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.OXT, FLORIDA STATUTES.
ADDRESS: 78 JOHN SILVER DRIVE. KEY LARGO. FLORIDA
JOB NUMBER: 04-786
DATE OF FIELD SURVEv: JUL V 28. 2004
REVISION DATE:
American Services Of Miami, Corp.
Engineers - Planners - Surveyors
LB # 6683
2450 s.W. 137th Ave., Suite 217, Miami, Florida 33175
Phone: (305) 554-6963 Fax: (305) 554-7516
Email: EPINO@ao1.com
SURVEYOR'S NOTEs:
EXAMINATION OF THE ABSTRACT OF TITLE WILL HAVE TO BE MADE TO DETERMINE RECORDED INSTRUMENTS, IF ANY AFFECTING THIS
PROPERTY
-SHOWN ELEVATIONS ARE BASED ON N.G.V.D. (NATIONAL VERTICAL DATUM OF 1929)
-LEGAL DESCRIPTION WAS PROVIDED
BY THE CLIENT -NO UNDERGROUND UTILITIES OR IMPROVEMENTS HAVE BEEN LOCATED, EXCEPT AS NOTED. THERE ARE NO VISIBLE
ENCROACHMENTS OTHER THAN THOSE SHOWN.
ABREVlATIONS (IF ANY)
CIL-CBNTER LINE
F.D.H.-FOUND DRILL HOLI!
A/OoAIR CONDmONlNO UNIT
P/IJoPROPBIlTY LINE
RIW-RlClKl'OF WAY
C.L.F.-CHAIN LIN1C FENCl!
W.F.-WOODEN FENCl!
RES.-RE8lDENCI!
F.LP.-FOUND IRON PIPI!
MIlAS.(M)-fdEASURIlD
REC.(R.)-RIlCOIlDED RAD-RADW.
P.O.C.-POINTOF CUR.VA1tlRI! U.I!.-urJL.1!ASMJ!NT
CL-CLI!AR M-MONUMI!NT LINE
ENC.-ENCROACHMENT P.C.-POINTOFCURVA1tlRI!
C.B.S.-coNCKETIl BLOCK STRUCT. F.H.-FIRIl HYDRANT
CONC.-coNCIUml IlASMT-I!ASMI!NT
o-DlAMl!11!R. S.D.H.-sJ!T DIULL HOLI!
D.M.I!.-DRAINAGI! MAINT. EASTMT. CALC.(C}oCALCULATI!D
S.LP.-8ET IRON PIPE
P.O.B.-POINT OF BEGINNING
~/J.tJ~
ALSEIVO R. VARAS .
PROFESSIONAL LAND SURVEYOR
AND MAPPER No. 3105
STATE O~ FLQlIDA
DATE: ' August 2.::2Q04
NOT VAliD l.H.ESS SEAlED~ Nl EN80SSED SURVEYOR SEAL
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