03/17/2010 Deed
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
DEED OF CONSERVATION EASEMENT
Return recorded document to:
South Florida Water Management District
3301 Gun Club Road, MSC 4210
West Palm Beach, FL 33406
THIS DEED OF CONSERVATION EASEMENT is given this 11M, day of~~ I
20~, by Monroe County ("Grantor") whose mailing address is 500 Whitehead Street. Kev
West. FL 33040 to the South Florida Water Management District ("Grantee"). As used
herein, the term "Grantor" shall include any and all heirs, successors or assigns of the
Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term
"Grantee" shall include any successor or assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Monroe County,
Florida, and more specifically described in Exhibit "A" attached hereto and incorporated
herein ("Property"); and
WHEREAS, the Grantor desires to construct Key West International Airoort Runwav
Safety Area Imorovement Project ("Project") at a site in Monroe County, which is subject to
the regulatory jurisdiction of South Florida Water Management District ("District"); and
WHEREAS, District Permit No. 44-00149-S ("Permit") authorizes certain activities
which affect waters in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve, enhance, restore and/or
mitigate wetlands and/or uplands under the District's jurisdiction; and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is
agreeable to granting and securing to the Grantee a perpetual Conservation Easement as
defined in Section 704.06, Florida Statutes, over the area described on Exhibit "B"
("Conservation Easement").
NOW, THEREFORE, in consideration of the issuance of the Permit to construct and
operate the permitted activity, and as an inducement to Grantee in issuing the Permit,
together with other good and valuable consideration, the adequacy and receipt of which are
hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual
Conservation Easement for and in favor of the Grantee upon the property described on
Form 1190 (Mod.11/2008) Deed of Conservation Easement - Standard
Page 1 of6
:L
Exhibit liB" which shall run with the land and be binding upon the Grantor, and shall remain
in full force and effect forever.
The scope, nature, and character of this Conservation Easement shall be as follows:
1. Recitals. The recitals hereinabove set forth are true and correct and are
hereby incorporated into and made a part of this Conservation Easement.
2. Puroose. It is the purpose of this Conservation Easement to retain land or
water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded
condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those
wetland and/or upland areas included in this Conservation Easement which are to be
enhanced or created pursuant to the Permit shall be retained and maintained in the
enhanced or created conditions required by the Permit.
To carry out this purpose, the following rights are conveyed to Grantee by this
easement:
a. To enter upon the Property at reasonable times with any necessary
equipment or vehicles to enforce the rights herein granted in a manner that will not
unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the
time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent with
this Conservation Easement and to enforce the restoration of such areas or features of the
Conservation Easement that may be damaged by any inconsistent activity or use.
3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance
and monitoring activities, or surface water management improvements, or other activities
described herein that are permitted or required by the Permit, the following activities are
prohibited in or on the Conservation Easement:
a. Construction or placing of buildings, roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or
dumping or placing of trash, waste, or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation, except for
the removal of exotic or nuisance vegetation in accordance with a District approved
maintenance plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or
other material substance in such manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to
remain in its natural or enhanced condition;
Form 1190 (Mod.11/2008) Deed of Conservation Easement - Standard
Page 2 of6
1. Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservation including, but not
limited to, ditching, diking and fencing;
water areas~
g. Acts or uses detrimental to such aforementioned retention of land or
h. Acts or uses which are detrimental to the preservation of the structural
integrity or physical appearance of sites or properties having historical, archaeological, or
cultural significance.
4. Grantor's Reserved Riahts. Grantor reserves all rights as owner of the
Property, including the right to engage in uses of the Property that are not prohibited herein
and which are not inconsistent with any District rule, criteria, permit and the intent and
purposes of this Conservation Easement.
5. No Dedication. No right of access by the general public to any portion of the
Property is conveyed by this Conservation Easement.
6. Grantee's Liabilitv. Grantee shall not be responsible for any costs or liabilities
related to the operation, upkeep or maintenance of the Property.
7. ProDerty Taxes. Grantor shall keep the payment of taxes and assessments
on the Easement Parcel current and shall not allow any lien on the Easement Parcel
superior to this Easement. In the event Grantor fails to extinguish or obtain a subordination
of such lien, in addition to any other remedy, the Grantee may, but shall not be obligated to,
elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the
amount paid by the Grantee, together with Grantee's reasonable attorney's fees and costs,
with interest at the maximum rate allowed by law, no later than thirty days after such
payment. In the event the Grantor does not so reimburse the Grantee, the debt owed to
Grantee shall constitute a lien against the Easement Parcel which shall automatically relate
back to the recording date of this Easement. Grantee may foreclose this lien on the
Easement Parcel in the manner provided for mortgages on real property.
8. Enforcement. Enforcement of the terms, provisions and restrictions of this
Conservation Easement shall be at the reasonable discretion of Grantee, and any
forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach
hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights
hereunder.
9. Assiqnment. Grantee will hold this Conservation Easement exclusively for
conservation purposes. Grantee will not assign its rights and obligations under this
Conservation Easement except to another organization or entity qualified to hold such
interests under the applicable state laws.
10. Severabilitv. If any provision of this Conservation Easement or the application
thereof to any person or circumstances is found to be invalid, the remainder of the
provisions of this Conservation Easement shall not be affected thereby I as long as the
purpose of the Conservation Easement is preserved.
Form 1190 (Mod.11 /2008) Deed of Conservation Easement - Standard
Page 3of6
11. Terms and Restridions. Grantor shall insert the terms and restridions of this
Conservation Easement in any subsequent deed or other legal instrument by which Grantor
divests itself of any interest in the Conservation Easement.
12. Written Notice. All notices, consents, approvals or other communications
hereunder shall be in writing and shall be deemed properly given if sent by United States
certified mail, retum receipt requested, addressed to the appropriate party or successor-in-
interest.
13. Modifications. This Conservation Easement may be amended, altered,
released or revoked only by written agreement between the parties hereto or their heirs,
assigns or successors-in-interest, which shall be fi'ed in the publiC records in Monroe
County .
14. Wildlife Hazard,. Nothing in this document prohibits the Grantor from
entering the Conservation Easement area to conduct temporary, non-habitatlwetland
altering tactics (i.e., use of bird scare devices) as needed to address a wildlife hazard.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions,
restrictions and purposes imposed with this Conservation Easement shall be binding upon
Grantor, and shall continue as a servitude running in perpetuity with the Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
Property in fee simple; that the Conservation Easement is free and clear of all
encumbrances that are inconsistent with the tenns of this Conservation Easement; and all
mortgages and liens on the Conservation Easement area, if any, have been subordinated to
this Conservation Easement; and that Grantor has good right and lawful authority to convey
this Conservation Easement; and that it hereby fully warrants and defends the title to the
Conservation Easement hereby conveyed against the lawful claims of all persons
whomsoever.
Form 1190 (Mod. 1112008) Deed of Conservation Easement - Standard
Page 40f6
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Uti MAR 0 2 2010 \!J
EXHIBIT "A"
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ATLANTIC
1'......
KEY WEST INTERNATIONAL AIRPORT FOR MONROE COUNTY
KEY WEST INTERNATIONAL AIRPORT, KEY WEST. FL 33040
SPECIFIC PURPOSE SURVEY
of sfwm easements
Sheet 1 of 7
Own No.:
08-273
..1 rIin
J 152 Nonhside Drive
Suite 20 i
Key West. FI. .33040
(305) 29.3--0466
Fox. (305) 293-0237
ft1ildeb 1 cn.be Ilsouth .net
Easement 1
NO. RADIUS DELTA ARC TANGENT CHORD CHORD BEARING LESS AND EXCEPT
2 175.00' 28.42'05" 87.66' 44.77' a-s. 75' S.7S.S7'17"E.
3 225.00' 61.,7'55" 240.72' 1 33.33' 229.40' 5.30-57'17"[.
4 60.00' 90-00'00" 94.25' 60.00 ' 84.85 t N.4S-18'19"W.
5 190.00' 61 .1 7'55" 203.27' 112.59' 193.72' N.30.S7'17"W.
6 140.00' 28-42'05" 70. 1 J' 35.82' 69.40' N. 75.57' 17"W.
Civil-Defense .
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KEY WEST INTERNATIONAL AIRPORT FOR MONROE COUNTY
KEY WEST INTERNATIONAL AIRPORT, KEY WEST, FL 33040
Sheet 2 of 7
SPEer.FIC PURPOSE SURVEY
Own No.;
08- 273
..,.
3152 Northside Drive
Suite 201
Key West, FI. 3.3040
(305) 293-0466
Fox. (305) 293-0237
fhildeb 1 Obeflsouth.net
of sfwm easements
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Legal Description: Easement 1:
(Prepared by undersigned)
A parcel of land located in Monroe County situated Westerly of Runway 9-27 of the
Key West International Airport and better described as fpllows:
Commence at the Northeast corner of Parcel 46 according to Plat Book 4 Page 69
as recorded in the Monroe County Public Records; thence N.77"59'06"E. along the
Northerly edge of a 1 00 foot wide privQ;tt~ road easement for a distance of 101.65
feet; thence N.01"39'54'(W., a distance df 709.38 feet to the Point of Beginning;
thence continue N.Ol"39'S4"W., a distance of 159.23 feet; thence N.SS"58'38"W., a
distance of 541 .36 feet to the point of curvature of a curve to the left, having: a
radius of 451.00 feet, a central angle of 17.32'43", a tangent length of 69.60 feet, a
chord bearing of S.82"15'OO"w. and a chord length of 137.57 feet; thence along the
qrc of. said curve, an. arc length of 138. 11 feet to the point of tangency of said
curve; thence S.7S28'38"W., a distance of 55.22 feet; thence S.03"14'33"E., a distance
of 366.15 feet; thence N.84"47'40"E., a distal1ce of 36.07 feet; thence S.44'34'49 "E., a
distance of 22.97 feet; thence S.32"57'34"E., a distance of 40.91 feet; thence S.Os"
02'04"W., a distance of 37.76 feet; thence S.60"11'22"E., a distance of 40.14 feet;
thence S.70"47'15"E., a distance of 29.58 feet; thence S.34"28'12"E., a distance of
23.50 feet; thence S.62"25'31 "E., a distance of 34.07 feet; thence S.68"49'OO"E., a
distance of 22.21 feet; thence S.24" 43'16"E., a distance of 33.61 feet; thence S.59'
1S'06"E., a distance of 36.12 feet; thence S.49"55'32"E., a distance of 37.03 feet;
thence N.71.39'49"E., a distance of 9.07 feet; thence S.54"37'43"E., a distance of
42.70 feet; thence N.77"4s'40"E., a distance of 52.38 feet; thence N.57"14'14"E., a
distance of 16.28 feet; thence N.00'18'19"W., a distance of 41 .87 feet; thence S.89"
41'41"W., a distance of 66.00 feet; thence N.00.'8'19"W.. a distance of 420.00 feet;
thence N.8g.41 '41 "E., a distance of 403.20 feet back to the Point of Beginning.
Parcel contains 236605 square feet or 5,43 acres, more or less.
KEY WEST INTERNATIONAL AIRPORT FOR MONROE COUNTY
KEY WEST INTERNATIONAL AIRPORT, KEY WEST, Fl 33040
Sheet 4 of
SPECIFIC PURPOSE SURVEY
1ItII--AfI
H. HILDEIIWIJr
PIA,.. ....
Sco'e: 1 t. = 50'
Ref.
Own No.:
08-273
Flood pone' No.
1517 k' Own. By: F.H.H.
iFfood Zone: Ffood Elev. ^"
AE.-VES'-tu
REVlSjONS AND/OR AOOmONS
6/3/08: UDdote. scale to 8 1/2,)( 11 J)ODer
Dote: 5/21/08
3' 52 Northside Drive
Suite 20 I
Key West. Ff. J3040
(305) 293-0466
roJC. (305) 293-0237
fhiJdeb 1 Obells~uth .net
f\dwQ\monroe countv\coDV of sfwm easements
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LESS AND EXCEPT:
(Prepared by undersigned):
A parcel of land located in Monroe County situated Westerly of Runway 9-27 of the
Key West International Airport and better described as follows:
Commence at the Northeast corner of Parcel 46 according to Plot Book 4 Page 69
os recorded in the Monroe County Public Records; thence N.7759'06"E. along the
Northerly edge of a 1 00 foot wide private rood easement for 0 distance of 1 01 .65
feet; thence N.Ol'48'29"W., a distance oL868.63 feet;. thence N.88'S8'38"W., a
distance. of 541 .02 feet to the point of curvature of a curve to the left, having: a
radius of 451".00 feet, a central angle of 17':32'43", a tangent length of 69.60 feet, a
chord bearing of S.82'lS'00"W. and a chord length of 137.57 feet; thence along the
arc of said curve, an arc length of 138. 11 feet to the point of tangency of said
curve; thence S.7S28'38"W., a distance of 55.22 feet; thence S.OS14'33"E., 0 distance
., . of' 262.89 feet to the Point of Beginning; thence N.89'41 '41"E.,o distance of 48.82
feet to the point of curvature of a curve to the right, having: a radius of 175.00
feet, a central angle of 28"42'05", 0 tangent length of 44.77 feet, 0 chord bearing of
S.7S'S7'l7"E. and a chord length of 86.75 feet; thence along the arc of said curve,
an arc length of 87.66 feet to the point of tangency of said curve; thence S.61'
36'14"E., a distance of 77.46 feet to the point of curvature of a curve to the right,
having: a radius of 225.00 feet, 0 central angle of 61'17'55", a tangent length of
133.33 feet, 0 chord bearing of S.30'S7' 17"E. and 0 chord length of 229.40 feet;
thence along the arc of said curve, an arc length of 240.72 feet to the point of
tangency of said curve; thence 5.00'18'19"E., a distance of 39.88 feet; thence N.89'
41'41"E., 0 distance of 66.00 feet; thence 5.00'18'19"E., a distance of 37.00 feet;
thence 5.89'41' 41 "W., a distance of 41.00 feet to the point of curvature of a curve
to the right,. having: a radius of 60.00 feet, a central angle of 90'00'00", a tangent
length of 60.00 feet, a chord bearing of N.45'18'19'W. and a chord length of 84.85
feet; thence along the arc of said curve, an arc length of 94.25 feet to the point of
tangency of said curve; thence N.00'18' 19"W., a distance of 16.88 feet to the point of
curvature of a curve to the left, having; a radius of 190.00 feet, 0 centr~1 angle of
61'1 7'55", a tangent length of 112.59 feet, a chord bearing of N.30'57'17"W. and 0
chord length of 193.72 feet; thence along the arc of said curve, on arc length of
203.27 feet to the point of tangency of said curve; thence N.61'36'14"W., 0 distance
of 77.46 feet to the point of curvature of a curve to the left, having: a radius of
i 40.00 feet, 0 central angle of 28"42'05", 0 tangent length of 35.82 feet, a chord
bearing of N.7S'S7'17"W. and a chord length of 69.40 feet; thence along the arc of
said curve, on arc length of 70. 13 feet to the point of tangency of said curve;
· .. t. · t It
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35.05 feet back to the Point of Beginning.
Parcel contains 19280 square feet or 0.44 acres, more or less.
KEY WEST INTERNATIONAL AIRPORT FOR MONROE COUNlY
KEY WEST INTERNATIONAL AIRPORT. KEY WEST, FL 33040
Sheets of 7
SPECIFIC PURPOSE SURVEY
Own No.:
08-273
..11t1lR
H. HI
PUMa __
Scale: 1" = 50 t
Ref.
31 52 Northside Drive
Suite 201
Key West. FJ. 33040
(305) 293-0466
Fox. (305) 293-0237
fhifdeb 1 Obellsouth. net
of sfwm easements
...,...., ..
LINE TABLE LINE T AB LE
" Bearing Line
,Line Distance Bearing Distance
, L 1 N.84.47'40"E. 36.07' L17 S.69-20'47''W. 1 0.87'
l2 S.44.34'49"E. 22.97' L18 S..08-05!34 'W. 34.76'
l3 5.32-57' 34"E. 40. 9 1 t L19 N.88-44'29"W. 33.95'
l4 S.OS-02'04"W. 37.76' L20 S. 55. 1 5 ' 56 "w. 28. 1 7'
l5 5.60'11 '22"E. 40. 1 4 ' L21 N~~2.08' 42"W. 85. 11 '
L6 S. 70. 4. 7' 1 5 "E. 29.58' L22 N-:Z4'4.09' 49"E. 24.82'
L7 ' 5.34-28' 12"E. 23.50' L23 N. 1 0.22 · 1 9 "W. 8.76'
L8 5.62-25' 31 "E. 34.07' L24 N.7S.33'SS"W. 10.47'
L9 S. 68- 49 'OO"E. 22.21 t L25 S.44-17'S7'W. 22.20'
L10 5.24- 43 '16"E. 33.61 ' L26 S. 68- 46' 36"W. 14.9"
l11 S.59'15'OS"E. 36. 12' L27 N.S 7- 36' 36"W. 35.96'
, Ll2 S.49"SS'32''E. 37.:'03~"'" " L28~, S.40-49'21"W. 26.33'
L13 N. 71' 39' 49"E. 9.07' L29 5.34-12' 41 "W'. 46.94'
L30 S. 51- 54' 1 O"W. 34.55 t
L14 5.54' 37' 43"E. 42. 70' L31 S .39-54 ',2 7 "w. 65.40'
L15 N.77'45'40'~E. 52.38' L32 S.OS-07'23"W. 27.86'
L16 N.5714'14"E. 16.28t L33 S. .3 5. 5 5 I 31"W . 46. 1 6'
L60 N.89-41 '41 "E. 48.82' L34 S. 00.36' 40 "E. 67.98 t
L61 S. 61- 3 6 ' 1 4 t'E. 77 .46' L35 S. 24- 48 '22 "W. 82.37'
L62 S.OO.18'19"E. 39.88' L36 S. 15- 4.9'26"E. 20.90'
L63 N.89.41 '41 "E. S6.007 L37 S.Oa.19'52"E. 17.15'
L64 5.00-18' 19 "E. 37.00' L38 N.30-25.'J 1 "W. 26.07'
,L65 S .89- 41 '41 "W. 41.00'
L66 N.OO-1B'19"W. 1 6.88'
L67 N. 61- 36" 4 "W. 77.46'
L68 S .89. 41 t 4 1 f.W. 47.02'
L69 N.03e14'J3"W. 35.05'
LINE TABLE
Line Bearing Distance
L39 S.3S.56'27"W.
L4Q S.30.32"O"W.
L41 5.37- 45 '04"W.
L42 S.18.4S'27"W.
L43 5.28-36'51 "We
L44 S.28'OS'23"W.
L45 S.29-48'OO"W.
L46 S.29\36'22"W.
L47 S.32'1S'04"W.
L48 S.32e28'29''W.
L49 5.32'43'1 Q"W.
L50' S.32'45'.56~'W.
L51 S. 3 l' 40 · 51 "W.
L52 S.30-44'35"W.
L53 S.4S'01'26"E.
L54 S.11'25'S7"E.
L55 5.07'21 '04 "E.
L56 5.22'45.16"E.
L57 S.38-21'29"E.
L58 5.31-30'04"E.
L59 S.17e45'18"W.
CERTI FICA TI ON:
I HEREBY CERTIFY that t e SPECIFIC PURPOSE SURVEY
is true and correct to t best of my knowledge and beleif; that it meets the minimum
te~hnical standar ado ed by the Florida Board of Land Surveyors, Chapter 61 G 17 -6,
Florida Statute S tion . and the American Land Title Association. and that
there are no vis Ie n r! achments unless shown hereon.
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NOT VALID UNLESS EMBOSSED WITH RAISED SEAL & SIGNATURE 1
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FREDERrCK H. HILDEBRAN T
Professiona' Land Surveyor & Mapper No. 2749
Professional Engineer No. 3681 0
State of Florida
KEY WEST INTERNATIONAL A'RPORT FOR MONROE COUNTY
KEY WEST iNTERNATIONAL AIRPORT, KEY WEST, Fl 33040
Sheet 7
50.34
59.2 ::.
41 .8';,
38.83
79. 1 9
72.29
49.47
22. 1 4
16.26
32.86
44.46
. ,48~3,3 !
21 .39 I
60.0.3. ~
1 6.51 f
43.84 f
30.64 I
47.09 i.
39.45 f
33.04 f'
28.92 f
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of 7
SPECIFIC PURPOSE SURVEY
OY(n No.:
08-273
FREDERICK H. .......".,..
IIfIII:R PLMIB
Scale: 1"= 50 ·
Ref.
Flood panel No.
of sfwm easements
J 1 52 Northside Drive
Suite 201
Key West. Fl. 33040
(305) 29:.5-0466
tOK, (305) 293-0237
fhildeb 1 Obellsouth.net
EXHIBIT "B"
J:\ICC'I wtl1'\ltIA IA\CAD\IA nQuIIU\rc l.1MC 01/13/01 11:21
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e"'j'-::' KEY WEaT INTERNATIONAL AIRPORT
((1, Or RUNWAY SAFI!TY ARIA IMPROV!MENTS
~ i L . ERP APPUCATION
,""~~~;l.ll;""""_""",.<."""".....",,,._.i""'_",",",,","_'_C.__';""__"'+_
PROPOSED MmGAnON AREAS
AND CONSERVATION EASEMENTS
FIGURE
1
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