Quit Claim Deed
Dann!, 1.. J101bage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA mON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852.7145
FAX (305) 852-7146
K B M 0 R A . D U K
To:
James Robert, County Administrator
Isabel C. DeSantis, Deputy Clerk ~ {If JJ:
December 10, 1998
Froll:
Date:
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Enclosed for your records is a certified copy of the Quit Claim
Deed for the (C~~'.~lJ:Ylc;.~~lll~ldiIl9,) between the .tJn1~~....s~at.
of Americ"l actlnq by and through the Department of the Navy, and
Monroe County, duly recorded in the Official Records of Monroe
County.
Should you have any questions concerning this matter, please feel
free to contact this office.
Enclosure
cc: County Attorney
File - (Original Deed)
STATE OF FLORIDA )
)
COUNTY OF MONROE )
MONROE COUNTY
OFFICIAL RECORDS
FILE #1092390
BK# 1 5 4: 4 PG# 1 G 0 7
RCD Nov 0-g-1998 02:46PM
DANNY L KOLHAGE, CLERK
QUITCLAIM DEED
This indenture, made this 30 ~ day of f!)o1ob e~ , 1998,
between the United States of America, acting by and through the Department of the
Navy, (hereinafter called "GRANTOR"), and Monroe County, Florida, (hereinafter
called "GRANTEE").
WHEREAS, GRANTOR is the owner of certain real property, improvements and
other rights appurtenant thereto at Naval Air Station, Key West, Florida known as the
Navy Commissary - Building G-l, and which was ordered to be realigned pursuant to
Defense Base Closure and Realignment Act of 1990, as amended (Public Law No. 101-
510).
WHEREAS, GRANTEE applied for obtaining the Commissary property located
on Simonton Street for historic monument purposes; and
WHEREAS, the City of Key West Local Redevelopment Authority supports this
reuse proposal and has included this conveyance in its Base Reuse Plan; and
WHEREAS the Department of Interior and the Secretary of the Navy have
approved the conveyance of this surplus property pursuant to the power and authority
provided by Section 203(k)(3) of the Federal Property and Administrative Services Act of
1949, as amended, Public Law 81-152,63 St. 377,40 U.S.C. 484(k)(3);
WIlNESSETH;
The GRANTOR, for and in consideration of the sum ofTen Dollars ($10.00) plus
other good and valuable consideration, to it in hand paid by the GRANTEE, the receipt
whereof is hereby acknowledged, releases and quitclaims to the GRANTEE, its heirs and
assigns forever, all interest in a parcel of land comprising approximately 1.82 acres, more
or less, which includes the former commissary building, two (2) mechanical buildings,
associated utility pad and associated parking, (hereinafter "Property") described in
Exhibits "A" and "B" attached hereto and made a part hereof.
TO HAVE AND TO HOLD the above described Property, together with all and
singular the rights and appurtenances thereto and any wise belonging, unto said
GRANTEE, its successors, and assigns forever.
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FILE # 1.. 0
BK#1.. S4 92390
4 PG# 1.. G 0 8
TOGETHER WITH ALL AND SINGULAR the rights, members, hereditaments
and appurtenances to the said Property belonging or in any wise incident to; including
fixtures, structures, mineral rights, air rights, the banks, beds and waters of any streams or
lakes opposite or fronting upon said Property, and in any-aHeys, roads, streets, ways,
strips, gores or railroad rights of way abutting or adjoining said Property, and in any
means of ingress and egress appurtenant thereto, subject to all easements covenants and
restrictions of record and set forth within this deed.
Except as otherwise provided herein, it is understood that the property is
conveyed "As Is" and "Where Is" without representation, warranty, or guaranty as to
quantity, quality, character, condition, size or kind, or that the same is in condition or fit
to be used for the purpose intended, and no claim for any adjustments upon such grounds
will be considered after this transfer.
GRANTEE covenants for itself, its successors, and assigns and every successor in
interest to the Property hereby conveyed subject to the conditions, restrictions, and
limitations hereinafter set forth which are covenants running with the land; that the
GRANTEE, its successors and assigns, covenants and agrees, that, in the event that the
property is sold or otherwise disposed of, these covenants and restrictions shall be
inserted in the instruments of conveyance.
GRANTEE covenants and agrees for itself, its successors and assigns and every
successor in interest to the property hereby conveyed as follows:
GRANTEE shall forever use the property in accordance with its application for
public conveyance dated December 29, 1997, and the approved program attached thereto
entitled "Program of Preservation and Utilization" which calls for use as administrative
and community service offices/historic monument.
The Property is listed on the National Register of Historic Places and is subject to
the Memorandum of Agreement among Department of the Navy, County of Monroe,
Florida, the Florida State Historic Preservation Officer, and the Advisory Council on
Historic Preservation dated January 22, 1998 (MOA) and The Standard Architectual
Preservation Covenant for Transferred Property, Attachment "B" to the MOA. The
Preservation Covenant is included as Exhibit "C" to this deed.
Other than as provided for in the approved "Program and Preservation and Utilization,"
the property shall not be sold, leased, assigned, or otherwise disposed of, except to
another local governmental agency that the Secretary of the Interior is satisfied can assure
the continued use and maintenance of the property for historic monument purposes.
However, nothing in this provision shall preclude the GRANTEE from providing
facilities and services to the visiting public compatible with the approved program
through concession agreements entered into with third parties, provided the concurrence
of the Secretary of the Interior, or his designee, is obtained prior to such agreements.
2
FILE #1092390
SK# 1 5 4: 4: PG# 1 G (2) 9
It is not anticipated that the property will be income producing, but should it become
income producing then biennial reports setting forth the use made of the property during
the preceding two year period shall be filed by the GRANTEE with the Secretary of the
Interior. If the Secretary of the Interior has authorized revenue-producing activities, the
GRANTEE shall file with the Secretary of the Interior every two years the following
reports:
(1) Financial report. The financial report shall include the following:
(a) Statement of income from all sources during the reporting period.
(b) Statement of expenses classified according to the following heads:
(i) Repair, rehabilitation, and restoration;
(ii) Recurring maintenance requirements; and
(iii) Administration and operation.
( c) Statement of disposition of excess income.
The financial report will cover two accounting years, whether fiscal or calendar,
as mutually agreed by the GRANTEE and the Secretary of the Interior, and will be
submitted within 90 days after the close of the accounting year.
(2) Audit Report. The audit will consist of a report by the State Auditor's Office
summarizing the results of the biennial audit in sufficient detail to disclose the financial
position of the GRANTEE and the validity of the accounting procedures.
The Secretary of the Interior shall have the right, at his discretion, to audit such financial
records, to examine such other records, and to inspect such portions of the granted
property as may in his judgement be necessary to safeguard the interests of the United
States of America.
The GRANTOR shall have the right, during any national emergency, to full
unrestricted use of the property without charge; provided, the GRANTOR shall bear the
entire cost of maintenance of all property so used. It shall pay fair rental for use of
improvements added by the GRANTEE without Federal aid.
GRANTEE covenants that the Property so conveyed shall be used and maintained
for the purpose of administrative and community services offices/historic monument, in
perpetuity, and that in the event the Property ceases to be used or maintained for such
purpose during such period, or in the event of a breach of any of the terms, conditions,
covenants or restrictions herein set forth, whether caused by the legal or other inability of
GRANTEE, its successors and assigns, to perform any of the terms and conditions of this
Deed, GRANTOR will, at its option, have an immediate right of reentry to all or any
portion of the Property, and to cause all right, title, and interest in and to the Property to
revert to the UNITED STATES OF AMERICA; and GRANTEE, its successors and
3
FILE # 1 <2> 9 2 3 9 <2>
SK# 1 5 4 4 PG# 1 6 1 (2)
assigns, shall forfeit all right, title, and interest in and to the Property and in and to any
and all of the tenements, hereditaments, and appurtenances thereto.
GRANTEE, by the -acceptance of this Deed, covenants that upon receipt-ofa
notice of reverter and, on demand of the United States of America to quit possession of
all or any portion of the Property, it will immediately quit possession and execute a deed
reconveying such property to the UNITED STATES OF AMERICA, conveying all right,
title and interest conveyed to it by GRANTOR.
GRANTEE, by the acceptance of this DEED, covenants and agrees for itself and
its successors and assigns that in the event GRANTOR exercises its option to revert all
right, title, and interest in and to all or any portion of the Property to GRANTOR, or
GRANTEE voluntarily returns title to all or any portion of the property in lieu of a
reverter, then GRANTEE shall provide protection to and maintenance of such property at
all time until such time as the title is actually reverted or returned to and accepted by
GRANTOR, including the period of any notice of intent to revert. Such protection and
maintenance shall, at a minimum, conform to the standards prescribed in Section 101-
47.4913 of the Federal Property Management Regulations.
The acceptance of the delivery of this Deed shall constitute conclusive evidence
of the agreement of the GRANTEE to be bound by the conditions, restrictions and
limitations, and to perform the obligations herein set forth.
GRANTOR reserves the right to enter and inspect the Property for purposes of
confirming compliance with the conditions, restrictions and limitations contained herein.
A Finding of Suitability to Transfer (FOST) is attached as Exhibit "D" to the
Deed; an Environmental Baseline Survey (EBS) report is referenced in the FOST and sets
forth the existing environmental conditions of the Property. The FOST sets forth the
basis for the GRANTOR's determination that the Property is suitable for transfer. The
GRANTEE is hereby made aware of the notifications contained in the EBS and the
FOST.
NOTICE OF HAZARDOUS SUBSTANCE ACTIVITY
The information contained in this notice is required under the authority of
regulations promulgated under Section 120(h) of the Comprehensive Environmental
Response, Liability and Compensation Act (CERCLA or "Superfund") 42 u.s. C. Section
9620 (h).
This Property contains improvements that, due to their age, are likely to have
been painted with lead based paint. A Lead Based Paint Disclosure Statement is
provided as Exhibit "E"" to this deed.
4
FILE #1092390
BK# 1 5 4 4 PG# 1 G 1 1
Unprotected or unregulated exposures to asbestos in product manufacturing,
shipyard building, and construction workplaces have been associated with asbestos-
related diseases. Both Occupational Safety and Health Administration (OSHA) and the
Environmental Protection Agency (EPA) regulate asbestos-because of the potential
hazards associated with exposure to airborne asbestos fibers. Both OSHA and EP A have
determined that such exposure increases the risk of asbestos-related diseases, which
include certain cancers and which can result in disability or death.
The GRANTEE hereby acknowledges that friable and non-friable asbestos or
asbestos-containing materials ("ACM") have been found on the Property, as described in
the Asbestos-containing material survey on the property performed in April 1998 and
included as part of the EBST. All interior ACM areas are marked with asbestos warning
signs and are locked to prevent unauthorized or uncontrolled entry. Entry into these areas
is prohibited unless personnel are wearing and using proper personal protection in
accordance with OSHA requirements. The Commissary will be prohibited from any
occupation until all friable, damaged and accessible ACM is abated by GRANTEE in
accordance with federal, state, and local regulation.
Commercial products including detergents, cleansers, drain openers, oils,
pesticides, and waxes were purchased in bulk and offered for sale at the Commissary to
Navy active duty personnel, dependents and DOD-retired personnel, dependents and
DOD-retired personnel. These products were used for personal, family, or household
purposes, and were present in the same form and concentration as a product packaged for
distribution and use by the general public.
GRANTOR covenants that all remedial action necessary to protect human health
and the environment with respect to any known hazardous substance remaining on the
Property has been taken before the date of transfer.
GRANTOR covenants that any additional remedial action found to be necessary
after such date of transfer shall be performed by the United States of America.
GRANTEE covenants that the GRANTOR, its officers, agent, employees,
contractors and subcontractors, in accordance with section 120(h) of the Comprehensive
Environmental Response, Compensation and Liability Act, shall have access to the
Property in any case in which remedial action or corrective action is found to be
necessary after the date of the conveyance of the Property. GRANTEE agrees to comply
with activities of the GRANTOR in furtherance of these covenants and will take no
action to interfere with future necessary remedial and investigative actions of the
GRANTOR. Any inspection, survey, investigation, or other response or remedial action
will to the extent practicable, be coordinated with representatives designated by
GRANTEE.
The GRANTOR recognizes its obligations under section 330 of the National
Defense Authorization Act of 1993, as amended (Pub. L. No. 102-484).
5
FILE # 1 (2) 9 2 39(2)
BK# 1 5 4 4 PG# 1 6 1 2
GRANTEE covenants for itself, successors, and assigns and every successor in
interest to the Property, or any part thereof, that GRANTEE and such successors, and
assigns shall not discriminate upon the basis-ofrace, color, religion, disability, or national
origin in the use, occupancy, sale, or lease of the Property, or in their employment
practices conducted thereon. This covenant shall not apply however, to the lease or rental
of a room or rooms within a family dwelling unit, nor shall it apply with respect to
Property used primarily for religious purposes. The United States of America shall be
deemed a beneficiary of this covenant without regard to whether it remains the owner of
any land or interest therein in the locality of the Property hereby conveyed and shall have
the sole right to enforce this covenant in any court of competent jurisdiction.
EFFECTIVE the ..3 () ,;-t-- day of Od~1998.
UNITED STATES OF AMERICA
Acting by and through the Department of the Navy
WITNESS: By:
~ _ .. Q Real Estate Contracting Offic
:H:.u},~ e;I c1J1: dG
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COMMAND OFFICER
Naval Air S Ion
Key West, Florida
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HARRAHTY DEED
FILED FOR nECOI1D
1967 SEP II.. PH ?: 09
THIS DEED, f-iadc th(!
lLth
::.\HL it .\flA~,!S. eLf:. GT. I; r
dA:! of lS~t).teJIber.l'i. Flf"ilIO;" A. D.
1967, by :,1ARIA TERESA ROI.iEnO, a vidoW', of the County of Honroe, Sto.tc of
Florida., hereinai'ter ca.lled the Grantor, to the UllImD STATES OF AHERlCA, _-
r---=Uot. ~'aIOCs \
hereina.fter ca.lled the grantee. \~5;: ~~
WITNES~TlI, 'lbo.t the oa.id grantor, in con!:idera.t1on of SEVEn~1
THOUSAIID AIID nO/100 ($17,000.00) OOLLl\RS, th(! r~ceipt wercof it: her~br
a~.novledged, does give, grant, barc;ain, sell, a.l1en, remice, relea.::;c,
enfeoff, convey and eonfinn unto the so.id grantee and 1 tic SUcc(!~sor~ =md
DSDil3I'ls in fee simple, the land::; si tua.te in Honroe County, State of J.o'1.orillt:'.,.
follov:> :
PARCEL "A"
All that ccrtain tro.ct or parcel of land in th(! City of
Key West, Monroe County, norida. and being a part of tract
eleven (ll) according to liM. A. WHITEHEAD's map of said island,
but better described as a. port at lot numbered one (1) of
square tive (5) of said tract eleven (ll), according to C., H.
T'IFr's map or plan of the Island ot Key l'/est dellnea.ted July
1874. ~e land hereby described is shovn on PW"O m'l; 5-1505
and is more particularly described as follow:
Commencin8 at a. point which is the northve::;t corner of the
r1cht-of-way of the inte~ection of Ca.therine and Simonton Stre~~
thence in a southwesterly direction along the line o'f Catherine
Street & distance of one hundred (lOO) teet to a point which is
the point ot beg1nn1ng; thence southwesterly along the line of
Catherine Street ninety-tour (94) teet, tvo (2) inches to a
point; thence at right angles in a northl1esterly direction
ninety-four (94) feet, five (5) inc.~es to a point on the
property line of the U. S. Government established by condcmna.tion
proceedings instituted by the U. S. of Americ:!. in the District;
Court tor the Southern District of norida, same being Case
18lai Civil tiled on 13 July 19J~2i lJotice ot Lis Pendens f'ile-:l
in Lis Pendens Boolt number 3, Pnse 287, (District Court of the
Un! ted States for the Southern District of norida) i thence
at right angles in a northeasterly directionr1nety-four (~11~)
'feet, two (2) inches a.long the propert;," line of the U.' S.
Government to a point; thence at right angles in a south-
ea.sterly direction ninety-four (94) feet, five (5) inehc::; to ~
point, said point being the point of beginning and containinrJ
0.20 acres, more or les~.
AII'D
PJ\f{~....L "B"
AlJ. tha.t cer<;a.in tract or parcel of land 1n the Cl t:r 01'
Ke:! iiest, f~onro~ Countj., flori1a and bcin3 a pB..:"~ of lot one
(1) in jqua.re f~'lc (~) of tra.c~ cleven (11) aecordln~ to
C. ~l. TIFT1j r.ta.p or Plnn of ~h~ ~la.rl<l ot' Ke;r :lcst of JIl.l~'
le'r!". '!he land hc:"cuj" J~::c:,,:.1Jctl 1::; ::ho\n1 on p:;0 1)',;:'; .::;- L~'.j
a.ml i~ :nor':! [)~';~C~:l:".!..~' desc~'::.bed !JoG rollo~::::
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FILE #1092390
SK# 1 5 4 4 PG# 1 G 1 4
Commencing at a point Wich 1s the nortlmest corner 0 f
the ri8ht-of-wny of the 1nter~ection of Catherine 3nd Simonton
Streets thence 1n southwesterl::,- direction alonG the line of
_Cather1ne Street a distance of one hundred ninety-four (lS'h)
feet, tw (2) inches to a point which 1:::: the point of beGinnInG:
thence south\le~terl~' alon; the line of Catherine Street fort;j'-
seven (47) feet, one (1) inch to a point; thence at ri~lt
angles in a northve::::terly direction ninety-four (91~) feet, n.,~
(5) inches to a point on the property line of th~ U. S.
Government established by condemnation proceed1nG~ instituted
by the U. S. of America. 1n the Di:Jtrict Court for the SOlll;h~r:l
District of florida, Game bein~ Cose lU IGo{ Civil riled on
13 Julj 1942; notice of Li~ Pcnuens filcd in Lis Pcnuens
Book Number 3, Page 287, (District Court of the United Stl1tc::::
for the Southern Di::::trict of Florida ); thence at riBht 0.111;1,:::::
in a northeasterly direction forty-seven (J~7) feet, one (1)
inch along the property line of the U. S. Government to 11
point; '€hence at ri~lt angles in a southeaoterl:,' directiol'1
ninety-tour (94) feet, five (~) inches to a point, said point
being the point of beeinninc and containing 0.10 acre, more
or le::;s."
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ToB~ther with all riparian and littor~ rights thereunto apper~~ininG'
This land is bein~ acquired at the request of the Depar~cnt of
the I1l1VY,
TO lIAVE Aim ro nOLD the some to.Jether w:Hh the he:-edi tnment:::: and
appurtentmces, unto the said c;ro.ntec, nnd it:::: successors and o.s::;i~n~ in
fn,.. simple.
AIm the sa.id url1ntor, for herself Md her heirs and legal reprcscu-
tatives, covenant with said grantee, it's legal representatives and assiCn;.:
'!hOot said grantor i:J indefeasibly sei::cd of saitl land in fee simple: tha.t
Sl1id ~r:1l1tor has full pOtier and 1aufu.l right to con"/e:,' soia lp.n!lr: in f,:~
sir.1ple, :us aforesaid; that it sh0.11 be lavful for :::a.id grantee, i1::: leG:U.
representatives and assign:J at all tirJes pec.cenb1y and quietly to ~nte:- ll~":"!l,
hold, occupy and enjoy soid land: that said land i::: free from all ~!1CIt::!-
br3nc~:J; th:1t said ~:mtor, her heir::: ~J1d 1e:'21 :"cprc~cntr\tivcs, \1EL ~::n::"
such further assurances to perfect the fee simple ti tie to said lEind in
:m.i1 ;ran:or lit' s l~b::.l r~pre!icntati 'Ie::: and :lr::>ian::::, 'le !:\~.~' r~'lcon:l.bL:,' I';,
r~qu1r~1; and that; ::::aiu crnntor 'lac::: !J~rebj' f.tll:,' ;r.'l:-~t the titl~ ':1"\
::~itl l.:md, nod ':1111 'l~f~!1d th~ ::o.:nc '~fj."ln:::t t:I': 1:1::1'1.11 C.!.:-l:71::: 01 "L' :,~,,:'r"I:'
'.:h()nr:o~v~r ,
RECORDER'S MEMO:
l~GIBllrrv OF WRfTING, TYPING, OR PRlNTtNG WAS
UNSATISFACTORY ON THIS DOCUMEm WHEN RECEIVED
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HITrIESS the hand and :>ea.l of said gra.ntor the day and year fir::t
a.bove \l1"i tten.
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SiGned, Sealed ~d Delivered
in the Presence of:
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FILE #:1. (2) 9 2 :3 9 (2)
BK# :1. 5 4 4: PG# :1. 6 1 5
STATE OF FLORIDA )
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COUIJTY OF '.10NROE )
I HEREBY CERTIFY" That this da:i in the nc~t Oobove nXlcd GtOotC' and
Coun~' before me an of:icer duly authorized and nctine, pcr~onal1y :lpp~are~
l-lARIA 'mRESA RO:.mRO" a vidoy, to me yell know ~d l:now to me to be the
1ndiYiduo.l. described in and \lho exccuted the forecoinc deed, ant! ::;h~
o.cl~oYledged thcn and there before me that she executed :>aid deed.
UI1lIESS my ha.nd and official ~c!l1. a.t Key West, norida
this
lLth
dOoY or Seotember
, A. D. 1967.
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I Oory bilc ro'~tate ot navat'Larbe
l.~/fOllll snion e:cpirec: 7/23/69
RKGfCIed la umcte& HeoarG >>oot/
Menr. countY. FIortdI
EARL R. ADAMS
~ OF C'JACUIT COURT
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Petitioner,
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FILE #1092390
BR# 1 5 4: 4: PG# 1 G 1 G
1.52 Aores of lA:lci. more or
lesa. in ~ey West, lionroe
. County, Florida, Gate Rea!
.E ota:te & II.:!.:;:ro ve:aent C ompa...'"'l::-.
et 80.1.,
lJ"Q~.:t1n' TC ?ETITI:r ?CP.
aOr;;;~l.1::: Cli .
Defendants.
.. .. .. .. .. .. .. .. .. ..
Corues nm: 'the Uni'tee. statee ot .AJ:1Cr1oa, pet1 t1oner,
by 1 'ta undorngned "~~rney, and ahaIrs anto this Bcm.crabl. Court that
here1:o:tore & pS't1tion tor ocndem.t.14t1cm was tiled. and an Crdv ot
Possess1on was t;rax:.ted &:ld that the deScription aet forth in Paragraph 4
ot aid pet1 t1cn was inoorreotly- deecri bod.
1fO~, 1'3EREFCRE, this Petitioner does acend P~h
4. by 8tr1ld.ng 1':= 8&1 d para.;raph the 4eaar1pt1oll .et forth there1n
and lRlbst1 tuting in lieu 'thereot the followings
Be~ nn 4 n ~ at the point at 1nteraoot1on or the
Souther17 propert1' Une ot V1rpnia Street and
'tho l'estarl1' property line ot S1mcntan strootJ
thenoe lSoa.therq a. d1&rtanoe o~ 2:12 teet' 1nohe.
along 8&1d westerl,- line ~ S1moDton street "to a
point, thenoe wester 17 & d1 stano. of 2113 ttee't 8i
1nohea to a po1nt, thsloe norther17 ~ .teet ,i
1noh.. to a. po1nt em. the aouther17 propeZ"t7 Un.
ot 1&14 Vupm.a S1i:Ne~ .del po1nt be1Ds 2U teet
," 1nab.. weator17 alan~ the aoutherlT propertT
Uno o~ V1rg1n1a street tna the po1n't ot beg""'" 1"~
thllDOe K8ter17 with -.1d propertT Un. ot T1rg1n1a
Stree-t 241 teet 3 1nohes to the po1nt ot beg1nTli"g..
con~1"i"~ 1.52 acr... more or leas.
:i1iERE~REt P e t1 t1 an er re apeot!'n.lly 1=rs.ys tha"tthi B
8&:1M1rl,.,~t to the ?et~ i:1on for Concieono:t1cn be entered Dl1DO pro tunc 8.8
ot the date o~ ~he entrj of the Jud~ent on the Deolarat10L of Tal:i:lg.
~o ~1t. ~o~ber 10, 1942.
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FILE #1092390
SK# 1 5 4 4 PG# 1 G 1 7
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FILE #1092390
BK# 1 5 4: 4: PG# 1 6 1 8
ST ANDARD- ARCHITECTUAL PRESERVATION COVENANT for-TRANSFERRED
PROPERTY
Grantee hereby covenants on behalf of itself, its successors and assigns, to the
Florida State Historic Preservation Officer (SHPO) to preserve and maintain the Old Navy
Commissary Building, Building G-l, located in the County of Monroe, State of Florida,
more particularly described on Exhibit "A", attached hereto and made a part hereof, in a
manner that preserves and maintains the attributes that contribute to the eligibility of the
Old Navy Commissary Building, Building G-l, of which said real property is a part, for the
National Register of Historic Places. Such attributes include exterior features (including
facades and fenestration, scale, color, materials, and mass), interior features determined
significant by the Florida SHPO, and views from, to, and across the property.
1. The Old Navy Commissary Building, Building G-l, will be preserved and
maintained in accordance with the Secretary of Interior's Standards for Rehabilitation and
Guidelines for Rehabilitatine Historic Buildines (National Park Service). No construction,
alteration, rehabilitation, remodeling, demolition, disturbance of the ground surface, or
other actions shall be undertaken or permitted to be undertaken on the Old Navy
Commissary Building, Building G-l, that would materially affect the integrity or
appearance of the attributes described above without the prior written permission of the
Florida State Historic Preservation Officer (SHPO), and signed by a fully authorized
representative thereof.
2. Upon acquisition of the Property, the Grantee will take prompt action to
secure the property from the elements, vandalism, and arson, and will undertake any
stabilization that may be required to prevent deterioration. Grantee will make every effort
to retain or reuse, to the extent practicable, the historic structure.
3. In the event that archeological materials are encountered during
construction or ground disturbing activities, work shall cease in the immediate area until
the SHPO is consulted and provides written permission to recommence work. Should the
SHPO require, as a condition of the granting of such per mission, that the Grantee conduct
archeological survey data recovery operations or other activities designed to mitigate the
potential adverse effect of the proposed activity on the archeoloeical resources the Grantee
shall at hislher/its own expense conduct such activities in accordance with the Secretary of
the Interior's Standards and Guidelines for Archeoloeical Documentation (48 FR 447344-
37) and such standards and guidelines as the SHPO may specify, including, but not limited
to, standards and guidelines for research design, field work, analysis, preparation and
dissemination of reports, disposition of artifacts and other materials, consultation with
Native American or other organization, and re-interment of human remains.
4. The Grantee will allow the Florida SHPO or his/her designee, at all
reasonable times and upon reasonable advance notice the Grantee, to inspect Old Navy
Commissary Building, Building G-l, in order to ascertain whether the Grantee is complying
with the conditions of this preservation covenant.
EXHIBIT "e"
FILE #1092390
BK# 1 5 4: 4: PG# 1 G 1 9
5. The Grantee will provide the Florida SHPO with a written summary of
~c(ions to be taken to implement the provisions of this p~servation covenant with one (1)
year after the effective date of the transfer of the Old Navy Commissary Building, Building
G-l. Similar reports will be submitted to the Florida SHPO, with a copy to the Navy.
6. Failure of the Florida SHPO to exercise any right or remedy granted under
this covenant shall not have the effect of waiving or limiting the exercise by the Florida
SHPO or any other right or remedy or the invocation of such right or remedy at any other
time.
7. In the event of a violation of this covenant, and in addition to any remedy
now or hereafter provided by law, the Florida SHPO may, following reasonable notice to
Grantee, institute suit to enjoin said violation or to require the restoration of Old Navy
Commissary Building, Building G-l. The successful party shall be entitled to recover all
costs or expenses incurred in connection with such a suit, including all court costs and
attorney's fees.
This covenant is binding on Grantee, its successors, and assigns, in perpetuity. The
restrictions, stipulations and covenants contained herein shall be inserted by Grantee, its
successors and assigns, verbatim or by express reference in any deed or other legal
instrument by which it divests itself of either the fee simple title or any lesser estate in the
Old Navy Commissary Building, Building G-1, or any part thereof.
2
FINDING OF SUITABILITY TO TRANSFER
SIl\10l\TON STREET COMMISSARY
NAVAL AIR STATION. KEY WEST, FLORIDA
I have reviewed the Environmental Baseline Survey for Transfer (EBST) prepared to assess the
suitability for transfer oithe Simonton Street Navy Commissary (Commissary}. Naval Air
Station, Key West, Florida to Monroe County, Florida, (County) by historical conveyance
through the U. S. Department of Interior. Monroe County will renovate the building for use as
administrative office spaces. I have also reviewed the redevelopment plan for the Commissary
prepared by the Naval Propenies Local Redevelopment Authority (NPLRA). ?\'Ionroe
County's intended use of the Commissary appears consistent with that plan. Based upon these
reviews and in reliance on the specific findings set forth in the EBST, I have determined that
the Commissary is presently suitable for transfer to the County for renovation and subsequent
reuse in accordance with NPLRA' s redevelopment plan.
The Commissary is located at the corner of Virginia and Simonton Street in Key West,
Florida. The parcel contains a two-story main building; an associated parking area; a
miscellaneous utility pad (40 sq. ft.); two mechanical buildings (160 sq. ft.): and a perimeter
security fence. The main building was constructed in 1923 for use as a cigar factory and was
subsequently acquired by the Navy in 1942. An Architectural Inventory prepared in June 1994
by the Army Corps of Engineers identifies the site as a National Register Historic Property in
that it is a contributing element within the boundary of the Key West National Register
Historic District.
Site visits to assess the environmental condition of the subject property were conducted in July
1995 and November 1996. No stressed vegetation or other evidence of hazardous substance
release were identified. One aboveground storage tank (AST) previously used for the
emergency generator was removed in 1994. The generator has also been removed. No
recorded or visual evidence of a release from the AST was found during the EBST
investigation. Soil samples were taken in 1996 from the area adjacent to the AST concrete pad
by Navy Public Works Center (PWC), Pensacola, Florida. All sample results \vere below
federal risk-based cleanup standards and require no further remedial action. Small petroleum
stains were noted on the parking lot and the second floor of the main building at the end of the
conveyor system. The parking lot stains were minimal and consistent with vehicular parking.
The second floor stain was due to conveyor motor engine leakage. None of the areas require
remedial action. The site has been visited annually since 1996 and no change in the
environmental condition of the property has been noted.
Asbestos-containing material (ACM) has been identified in a survey conducted for
SOUTHDIV by Cape Environmental, Inc., in April 1998. The survey indicates the presence
of friable ACM in the aircell pipe insulation, pipe fining insulation, adhesive insulating tape on
interior cold water lines, window putty, and transite-type laminated wall panels inside the
Commissary. It is also assumed the plaster ceiling finish contains asbestos. The transite-type
laminated wall panels are non-friable. All other ACM is considered friable, accessible, and
damaged to some extent. Cape Environmental also sampled materials on the exterior of the
Commissary which were suspected to contain asbestos. These exterior materials included the
textured finish (paint) on the exterior walls, corrugated transite-type panels, transite-type
shingles, and mastic on foam glass insulated cold water pipe fittings. All suspect materials
tested positive for the presence of asbestos; however, only the wall finish (paint) is friable.
Page 1 of 3
exhibit f 0>
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FINDING OF SillTABILITY TO TRANSFER
SIl\-10NTON STREET COMMISSARY
NAVAL AIR STATION, KEY "'EST, FLORIDA
Environmental, under the direction of SOUTHDIV will initiate a corrective action by
encapsulating-the paint remaining on the exterior of the building ancLHEP A vacuuming the
parking lot to remove paint which has flaked from the building. This corrective action will be
completed prior to transfer to the County.
11. a covenant warranting that:
I. all remedial action necessary to protect human health and the environment with
respect to any such substance remaining on the property has been taken before the
date of transfer, and
. II. any additional remedial action found to be necessary after the date of transfer shall
be conducted by the United States
111. a clause will be included in the transfer deed granting the United States access to the
property in any case in which remedial action or corrective action is found to be
necessary after the date of such transfer.
Copies of the EBST and this FOST have been provided to the USEP A, FDEP, the NPLRA,
and the County for their review. Any conunents received are included as Appendix to the
EBST.
In accordance with the DoD guidance, this FaST as well as the EBST for the Commissary site
will be part of the transfer documentation provided to the County. Copies of these documents
also will be provided to the appropriate USEPA and FDEP representatives after execution.
NOW THEREFORE, based on the information contained in the EBST, and subject to the
stated reuse and appropriate deed restrictions, the subject parcel is hereby deemed suitable for
transfer.
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W.H. LEWIS, CAPT, CEC, USN
Commanding Officer
Southern Division
Naval Facilities Engineering Command
N. Charleston, South Carolina
Page 3 of 3
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LEAD-BASED PAINT HAZARD
DISCLOSURE AND ACKNOWLEDGEMENT FORM
(NON-RESIDENTI.ALSTRUCl'URES)
LEAD WARNING STATEMENT
YOU ARE ADVISED THAT BUILDINGS CONSTRUCTED PRIOR TO
1978 MAY PRESENT EXPOSURE TO LEAD FROM LEAD-BASED
PAINT THAT MAY PLACE YOUNG CHILDREN AT RISK OF
DEVELOPING LEAD POISONING. LEAD POISONING IN YOUNG
CHILDREN MAY PRODUCE PERMANENT NEUROLOGICAL
DAMAGE. YOU ARE FURTHER ADVISED THAT LEAD
POISONING ALSO POSES A PARTICULAR RISK TO PREGNANT
WOMEN. WORKMEN MAY ALSO SUFFER ADVERSE HEALTH
EFFECTS FROM LEAD DUST AND FUME EXPOSURE
ACKNOWLEDGEMENT
I acknowledge that
(1) I have read and understand the above stated Lead Warning Statement;
(2) I have received from the Government the following document(s): The
Environmental Baseline Survev for Transfer and the Findina of Suitability for
Transfer - Simonton Street Commissarv. Kev West. Florida. representing the best
information available to the Government as to the presence of Lead-Based Paint
and Lead-Based Paint hazards in the buildings covered by this Transfer
(3) I understand that my failure to inspect, or to become fully infonned as to the
condition of all or any portion of the property offered will not constitute grounds for
any claim or demand for adjustment or withdrawal of any bid or offer made after its
opening or tender;
(4) I understand that uporl execution of this Transfer, I shall assume full
responsibility for preventing future lead exposure by properly managing and
maintaining or, as required by applicable federal, state, or local laws or regulations,
for abating any lead-based paint hazard which may pose a risk to human health.
MONROE COUNTY
OFFICIAL RECORDS
moN~E CaJlt/'l0 R.o~/lJA
Transferee (or duly authorized agent)
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