05/18/2005
Grant of
Doc. 1524050 06/22/2005 2: 04pn
Filed & Recorded in Official Records of
nONROE COUNTY DANNY L. KOLHAGE
Docl 1524050
Bk. 2125 Pg. 2117
Conservation
Easement
v
THIS AGREEMENT is made this 18th day of
May
,2005
by and between
GreJ! & Laura Ganim. & Michael A. Liscio
whose address is 449 Barracuda Blvd., Key Largo Florida 33037
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, Fl33040 (Grantee).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
639 Dolphin Road, Key Largo Florida 33037
(the servient estate), more particularly described as follows: (Legal description) Lots 1, 2 &3 Block 3
Unrecorded plat of Ocean a subdivision, RE# 00085400-000100 (Lots 1 & 2) and
RE# 00085440-000100 (Lot 3)
The Grantor desires to develop the servient estate as (describe project):
A single family home as shown in permit #02-3-3248
The servient estate contains (describe relevant natural features):
Low 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
. Ganim GOCEA
- 1 -
Document prepared by: Jean Reisinger
Address: 88800 Overseas Highway
Tavernier, Florida 33070
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Bkll 212!5 PglI 2118
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 I!overning 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 ofthe 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 imposed bv 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 ofJoam, 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.
Ganim GOCEA
2
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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~ afnon-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
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. 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.
Ganim GOCEA
3
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Bkll 212! PgII 2120
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
.0 Deputy Clerk
P~(a~~
Signature of Witness
Pa.W.<[11 fl. JokWJQv\'
Printed name of witness
Ig
5<:,tt ~.kbfo^^
Printed name of witness
STATE OF FLORIDA
COUNTY OF MONROE
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
yrantor Q
LftJ{A AtJ-<
17inted na~e nfGrnnto, ~
~ d ~:rf
yt'antor .7
#/C,H/'1G./. A-. ,L I'J(;.,~O
Printed name of Grantor
BEFORE ME, the undersigned authority, personally appeared (j;tl(;, q!f-/...'/, Yl7
and i~ t ~L 14. LI S~ J 0 ,who are personally known to me, or have produced
LJw Ii If ~ fh.J J rY1
and
, respectively
as identification.
Sworn to and subscribed before me this
i}tL
,
/2, Z ff6er 11 bL KuJ e"'f
Typed Notary Name and Number
~J\ Elizabeth EI KoUIy
;,~ j My ~miSIIon 00185117
"'> Op" Expires December 11. 2008
Ganim GOCEA 4
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DESCRIPTION
Doc. 1!240!0
Bk. 212! Pg. 2122
Lots 1. 2 & 3 in Block 3. in the unrecorded Plat of OCEANA as
described in those certain instruments recorded in Deed Book
G-51. Pages 198-200 of the public records of Monroe County,
Florida.
Subject to the following described Conservation Easements:
Conservation Easement No. 1
Begin on the northerly right of way line of Dolphin Avenue. at the southwesterly comer of Lot 1, Block 3
of on unrecorded plot of Oceana as described by instruments recorded in Deed Book G-51 at Pa~es 198-200
of the public records of Monroe County, Florida; from said Point of Beginning. run thence N 90.00 OO"E
along said right of way line for 0 distance of 33,71 feet; thence run N 1.08oo"W for 0 distance of 31,63 feet;
thence run N 12" 14'OO"W for a distance of 48,53 feet; thence run N 714'oo"E for 0 distance of 11.61 feet:
thence run N 50"43'00"E for 0 distance of 12.81 feet; thence run N '.49'00"W for a distance of 6.32 feet
to the southerly right of way line of Ocean a Avenue; thence run N 90"00'OO"W along said right of way line for
a distance of 33,98 feet to the northwest comer of said Lot 1, Block 3; thence run S O"OO'oo"E along the
boundary common to Lot 18, Block 2, and said Lot 1. Block 3 of said unrecorded plat of Oceana, for a distance
of 105.0 feet to the Point of Beginning. Containing 3104 square feet, more or less.
Conservation Easement No.2:
Begin on the northerly right of way line of Dolphin Avenue at the southeasterly corner of Lot 3, Block 3 of an
unrecorded plat of Oceana as described by instruments recorded in Deed Book G-51 at Pages 198-200 of the
public records of Monroe County, Florida; from said Point of Beginning, thence run N 90'00'00"W along said
right of w?1 line for 0 distance of 23.92 feet; thence run N ~55'00"'W for 0 distance of 27.27 feet; thence
run N 1.08 OO"W for a distance of 49.49 feet; thence run N 2734'00"[ for a distance of 17.02 feet;
thence run N 80'57'00"W for a distance of 11.94 feet; thence run N S75S'OO"W for a distance of 22,55
feet; thence run N 0"00'00"[ for a distance of 10.89 feet to the southerly right of way line of Oceana Avenue:
thence run N 90.00'00"[ along said right of way line for a distance of 56.05 feet to the northeasterly comer
of said Lot 3, Block 3, unrecorded Oceana; thence run S O"OO'oo"E along the boundary common to Lots 3 and
4, Block 3, unrecorded Oceana, for a distance of 105.00 feet to the Point of Beginning. Containing 3230 square
feet, more or less
Bearings ore assumed and ore based on 0 bearing of N 90&&doo'oo"E for the northerly right of way line of
Dolphin Avenue
E COUNTY
r\ONR01AL RECORDS
OFFIC