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06/15/2005 Easement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: August 5, 2005 TO: Timothy McGarry, Director Growth Management Division ATTN: FROM: Mayra Tezanos Executive Assistant PamewG.Hanc~ Deputy Clerk c:J? ::t. . 3:. At the June 15, 2005, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following Grant of Conservation Easements: I Indiana Vale and Lasaro Ruiz, Permit No. 99302272 for property described as Lots 7 and 14 Block 5 Amended Plat of Key Largo Park, Monroe County, Platbook 3, page 62 Monroe County Records, Monroe County, Florida, RE#00524070-000000, 00524170-000000. MVP Keys, Inc., Permit No. 02305120 for property described as Lot 11 Part of Tract A, Monroe County, Florida, RE# 00551000-001100. Wendy Kurfist-Cioffi, Permit No. 03-3-2314 for property described as Amended Plat of Mandalay PB2-25 Key Largo PT TR 1 G49-58, Monroe County, Florida RE# 00554860-000000. Enclosed is a copy of each of the above-mentioned for your records. The original GOCEs have been forwarded to the Grantors in the envelopes provided Should you have any questions please do not hesitate to contact this office. cc: County Attorney File ./ Grant of ~ Conservation Doc. 1527735 07/12/2005 12:48P" Filed & Recorded in Official Records of "ONROE COUNTY DANNY L. KOLHAGE Doc. 1527735 Bk. 2131 PI. 1235 Easement THIS AGREEMENT is made this 10~ay of Jt,(fle..- , 20 05" by and between Indiana Vale and Lazaro Ruiz whose address is 5801 West 3rd Avenue, Hialeah, Florida 33012 County of Miami-Dade 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, Fl 33040 (Grantee), The parties recite and declare: The Grantor is the owner of certain real property commonly known as 3 Miami Drive, Key Largo, Florida 33037 (the servient estate), more particularly described as follows: (Legal description) Lots 7 and 14 Block5 Amended Plat of Key Lar~o Park, Monroe County Platbook 3 pa~e 62, RE# 00524070-000000 and RE# 00524170-000000 The Grantor desires to develop the servient estate as (describe project): A single familv home as shown in permit #99302272 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 ofreal 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 Doea 1!52773!5 Bka 2131 Pga 1236 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 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 imoosed 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 of loam, 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. 2 Docll 1e2773e Bkll 2131 PIli 1237 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), ifany, 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. Attorney'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, shall have the right of entry for the purposes of inspection to determine grantor's compliance with the provisions of this Agreement. I O.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. 3 IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year fist above .f~>~" , writt~n/ "( . - \ Ii, /r.,'. / , ?,:'- ( Ifr ", Docl 1527735 Bkl 2131 PgI 1238 (S~~) ATT€ST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (Grantee) r&:-L-I A- ~ /Le ~~ q~ J r b Printed name of witness U By ~~ 17;, i:!~ Mayor/Cha rman ~ ~~ antor Tdilm'fA ~Jf ~ :J;;Vitr ~fe_ Printed name of Grantor BY,Qa.L.&C. ~~~ Deputy Clerk Ib.~U ~ r .' ~ SI re of WItness O{~ fJJ ~ J"^~f) Signature of witness ' ~~ -"It I Grantor l6.--HCAYJ<A Modr~v(ec Printed name of witness I ~ LH2-&fi\() PU 17- PrintednameofGran~ STATE OF FLOlJ.I9A COUNTY OF "-f CJh va€-- BEFORE ME, the undersigned authority, penonally appeared \ da." ,'0- ~:. j(\ ~ : ~y V oJ~ and ~(\:Z.o..{C) l2v~ , who are personally known to me, or have produced ~'. oJ o__{ 1"'-;, L\~-", ~ , respectively as identification. Sworn to and subscribed before me this , ? -\0"1.-- day of ~ l1.R.,\>'>- ~' , 20 Sd-. L ~l'I!~ I ~~at~ Notary i na re ihd S~ OFFlClALNOTAR)'SEAL \ KENNY RODRIGUEZ NarAR)' pUBUC STATE OF FLORIDA _ COMMISSION NO. CC996216 M'Y ~9MMISSION EXP. IAN. 23.2005 (~V\ ~ ~.1.-, leaVe L C.l;:iC1 lP.J- \ (p Typed N tary Name and Number Lfi n 1\,.I:t 1 ~ v.I:t r. .r .I\,.t\.1 ~ n. SURVEYORS · ENGINEERS · LAND PLANNERS 83266 OVERSEAS HIGHWAY, SUITE 500, ISLAMORADA, FLORIDA 33036 Phone (300) 664-0764 FAX (305) 664-0816 A DIVISION OF MEGA VISION BUSINESS CORPORATION LB. NO. 5408 ,repared for: VALE JOB No. K04496 SEC. 28, TWP. 61 S., RGE. 39 E. MONROE COUNTY, FLORIDA 1 N ~ SCALE, 1" =30' 6' ~ . <J() ~. "- ~ " .,<V .~ .~ ~ ~ 6' ~ . <J<J ~ ..I.R. <P-o.._ cP 1 /2' c.sr- " c..f' -"'" "- P.O.B. CONSERVA TION EASEMENT Docl 1~2773~ Bkl 2131 PgI 1239 LEGAL DESCRIPTION: LOTS 14 AND 7, BLOCK 5, AMENDED PLAT OF KEY LARGO PARK, ACCORDING TO THE PLAT THEREOF; AS RECORDED IN PLAT BOOK 3, PAGE 62 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. SUBJECT TO THE FOLLOWING DESCRIBED CONSERVATION EASEMENT: COMMENCE AT THE SOUTHEAST CORNER OF LOT 7, BLOCK 5, AMENDED PLAT OF KEY LARGO PARK, PLAT BOOK 3, PAGE 62 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE N52.41'36"W, 54.00'; THENCE N37'18'24"E, 50.00'; THENCE S52.41'36"E, 54.00'; THENCE S37.18'24"W, 50.00' TO THE POINT OF BEGINNING. CONTAINING 2,700 SQUARE FEET, MORE OR LESS. ttONROE COUNTY OFFICIAL RECORDS ABBREVIATION LEGEND: F.I.R FOUND IRON ROD, SIZE INDICA TED SEC. SECTION S.I.P. SET IRON PIPE, 1/2" P.LS. #4619 TWP. TOWNSHIP F.I.P. FOUND IRON PIPE, SIZE INDICATED RGE. RANGE F.N.D. FOUND NAIL AND DISK (D) DEED S.N.D. SET NAIL AND DISK, P.LS. #4619 (P~ PLAT F.C.M. FOUND CONCRETE MONUMENT (M MEASURED P.R.M. PERMANENT REFERENCE MONUMENT (c CALCULATED P.C.P. PERMANENT CONlROL POINT CONC. CONCRETE Pol. POINT OF INTERSEC1l0N COV. COVERED P.C. POINT OF CURVE CLF CHAIN LINK FENCE P.O.B. POINT OF BEGINNING OHW OVERHEAD 'MRE R/W RIGHT-OF-WAY ELEV. ELEVA1l0N TYP. TYPICAL WM WATER METER PP POWER POLE LP LIGHT POLE CERllFlED FOR SPECIAL PURPOSE SURVEY I HEREBY CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAt. SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, 'FLORIDA AD!;4INIs..TRAllVE CODE, PURSUANT/TO Se;CTION. ~ 472.027, FLORIDA STA lUTES. ,.,/'/ c..: c y,.,.. < ~/ .A~ ~ E P. FRANK, P.L.S.,,1f4619 DATE: 4/1/05 UNL SS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMA T10NAL PURPOSES ONLY AND IS NOT VALID.