06/15/2005 Agreement (LT11,Part Tract A)
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
Pamela G. Hanc~
Deputy Clerk c:J?
J:. .l.\
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:
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:
Couqty Attorney
File J
Grant of
Doc. 1527738 07/12/2005 12: 56P"
~~~R~l ~OUNtyd bAtf::!L~.k~LHAG~S of
Doc. 1527738
Sk. 2131 PI. 1242
Conservation
Easement
y
THIS AGREEMENT is made this )5~y of ~fl.e.-
,20 OS: by and between
MVP Keys Inc.
whose address is % 34 South Blackwater Lane, 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 1505 Shaw Drive, Key Largo Florida 33037Florida 33070
(the servient estate), more particularly described as follows: (Legal description) Lot 11 Part of Tract
A, RE# 00551000-001100.
The Grantor desires to develop the servient estate as (describe project)
A sin!!le-family home and accessorv buildings as shown in oennit #02305120
The servient estate contains (describe relevant natural features):
Scari led lands, and a wetland setback area with a modi led Class D bu er ard
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
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 and accessory building.
MVP WL Twin Lakes
- I -
Document prepared by Jean Reisinger
Address 88800 Overseas Highway
Tavernier, Florida 33070
The parties agree as follows:
Docll 1!527738
Bkll 2131 PglI 1243
1. Grant of easement.
In consideration for a development permit for a single-family home and accessory building.
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
a 25 foot wide strip running parallel to the edge of the wetlands
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 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.
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.
MVP WL Twin Lakes 2
Doctl 1!527738
Bktl 2131 Pgtl 1244
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 reDresentative 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.
MVP WL Twin Lakes
3
Docl 1!27738 124!
Bkl 2131 P91
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above writ1:~l}::
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(SEAL) : I
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ATTEST: DJ\NNY L. KOLHAGE, CLERK
B~cJ..~-,C'. ~~
Deputy Clerk
~~
S(gnature 0 witness
*l~~nd.ro ~~
Printed name of witness
Signature of Witness
Printed name of Witness
STATE OF FLORIDA
COUNTY OF MONROE
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
r
Grantor
Printed name of Grantor
Grantor
Printed name of Grantor
and
BEFORE ME, the undersigned authority, personaIl a
and
as identification. L/ -th
Sworn to and subscribed before me this -L- day of
T~! ~6 ~~~:X~wn~~! '10 ~US'j
L~:I
MVP WL Twin Lakes
, respectively
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9 r - N89'48'oe-=E
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SKETCH OF EASEMENT
GRAPHIC SCALE
20 0 20 40 80
I I I I I
1 inch = 40 ft. ( IN FEET)
Doclt 1!527738
Bkl 2131 PII 1246
POINT Of COWMENCDlENT
CONSERVA nON EASEMENT
AND
POINT OF BEGINNING
CPARCEJ.. 11
N89'48'06"E 1~.95'
POINT OF COMMENCEMENT
P ARCEJ.. 11
SOUTHWEST CORNER OF
GOVERNMENT LOT 1, SECTION
15, TOWNSHIP 81 SOUTH,
V RANGE 39 EAST
CRANE ~ STREET
v
TRI-COUNTY ENGINEERING,Inc.
ENGINEERS 0 ARCHITECTS 0 SURVEYORS & MAPPERS
CERTIfiCATES: EB-5705, AA-2777, LB-55 7, FLORIDA
7729 NW 146th Street P (305) 823-3737
Miami Lake., Florida 33018 823-3172
NOTE:NOT VALID WITHOUT THE
SIGNATURE AND ORIGINAL SEAL
OF A FLORIDA REGISTERED
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160
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EXIBIT"A"
PAGE 1 OF 2
EASEMENT DESCRIPTION
DESCRIPTION:
A STRIP OF LAND, BEING A PORTION OF THE FOLLOWING DESCRIBED PARCEL;
TO WIT.
DESCRIPTION OF PARCEL 11:
A PORTION OF TRACT A, ACCORDING TO THE PLAT OF TWIN LAKES FIRST
ADDITION, AS RECORDED IN PLAT BOOK 5, AT PAGE 68, OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 1, SECTION 15,
TOWNSHIP 61 SOUTH, RANGE 39 EAST; THENCE NORTH 0013154" WEST ALONG
THE WEST LINE OF SAID GOVERNMENT LOT 1 A DISTANCE OF 415.00 FEET;
THENCE NORTH 89046106" EAST A DISTANCE OF 45.00 FEET TO THE POINT
BEGINNING; THENCE CONTINUE NORTH 89046'06" EAST A DISTANCE OF
153.95 FEET; THENCE SOUTH A DISTANCE OF 215.80 FEET; THENCE NORTH
35034'53 WEST A DISTANCE OF 264.58 FEET TO THE POINT OF BEGINNING.
DESCRIPTION OF CONSERVATION EASEMENT:
Commence at the Northwest corner of said parcel 11, said corner being the point of beginning
of parcel 11 ; thence S.36036'16"E., a distance of 79.30 feet, to a point on the Westerly line of
said parcel 11 ; thence N.60035'26"E., a distance of 3.16 feet to the POINT OF BEGINNING,
OF CONSERVATION EASEMENT; thence continue N.60035'26"E along said line, a distance
of 75.00 feet; thence S.29024'34"E., a distance of 25.00 feet; thence S.60035'26"W., a
distance of 75.00 feet, to a point on the Westerly line of said parcel 11 ; thence N.29024'34"W.,
a distance of 25.00 feet to the POINT OF BEGINNING, OF CONSERVATION EASEMENT.
Containing 1,875.00 square feet or 0.0430 acres, more or less.
Docll 1!527738
Bkll 2131 P.II 1247
SURVEYOR'S NOTES:
1.- THIS IS NOT A SURVEY.
2. BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED VALUE WHERE THE
WEST LINE OF GOVERNMENT LOT 1, BEARS NOoo13154"W, AS PER DEED.
4. I HEREBY CERTIFY: THAT THE SKETCH AND DESCRIPTION OF THE PROPERTY
DESCRIBED HEREON HAS BEEN MADE UNDER MY DIRECT SUPERVISION AND
THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF AND
PROFESSIONAL JUDGEMENT. I FURTHER CERTIFY: THAT THE SAID SKETCH AND
DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE
FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER
61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027,
FLORIDA STATUTES.
'''~''~-';'" ...,
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TRI-COUNTY ENGINEERING,Inc.
ENGINEERS 0 ARCHITECTS 0 SURVEYORS &: M~PPERS
CERTIFlCATES: EB-6706, AA-2717; 18,..6507, FLORIDA
7729 NW 1-46lh Straet Ph: 5) e2J...J7J7
Miami Lakes. Florida J301I5 F"a (305) 82J:::'3172, "(
"ONROE COUNTY
OFFICIAL RECORDS
NOTE:NOT VALID WITHOUT THE
SIGNATURE AND ORIGINAL SEAL
OF A FLORIDA REGISTERED
SURVEYOR AND MAPPER
EXIBIT"A"
PAGE 2 OF 2