03/17/2010 Deed (2)
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/74r day of'l11~,
20~, by Monroe County ("Grantor") whose mailing address is 1100 Simonton Street. Key
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 Kev West International AirQort Runwav
Safety Area Imorovement Proiect ("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 ot Conservation Easement - Standard
Page 1 ot6
?-
Exhibit "B" 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
f. 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 Liability. Grantee shall not be responsible for any costs or liabilities
related to the operation, upkeep or maintenance of the Property.
7. Prooerty 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. Assianment. 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. Severability. 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, as long as the
purpose of the Conservation Easement is preserved.
Form 1190 (Mod.11/2008) Deed of Conservation Easement - Standard
Page 30f6
11. T elms and Restrictions. Grantor shall insert the terms and restrictions of this
Conservation E_m.rj in any subIequent deed or other legal instrument by which Grantor
dlv.... itIeIf of ..y interelt in the Conservation Easement.
12. Written Noti~1 All notices, con.."ts, approvals or other communications
hereunder shal be in writing and shall be deemed property given if sent by United 8ta..
certified mail. retum receipt requeeted, addl8lled to the appropriate party or succeuor-in-
int......
13. Modification& This Conservation Easement may be amended. altered.
reIe8Ied or revoked only by written agreement between the parties hereto or their heirs.
auigns or succeuors-in-lnterelt, which shall be filed in the public recorda in Monroe
County .
14. VVlldlife Hazard., Nothing in thil document prohibits the Grantor from
entering the Conservation Easement ..... to conduct temporary. non-habitatAvetland
altering tactics (i.... use of bird scare devices).. needed to addntss a wildlife hazard.
TO HAVE AND TO HOLD unto Grantee foAtV.. The covenants, terml, condition..
restric:tiona and purpoaea ill1pOled with this Conservation Eall8fl'l8nt shaH be binding upon
Grantor. and shal' continue as a s.vitude running in perpetuity with the Property.
Grantor hereby covenanta with said Grantee that Grantor is lawfully seized of said
Property in fee simple; that the Coneervation Easement is free and clear of all
encumbnll1Ce8 that are inconsistent with the tenns of thil Conservation Easement; and all
mortg8g88 and lien, on the Conservation Easement .".. if any, hIIve been subordin8ted to
thie Conaentation E~ and that Grantor has good right and lawful authority to convey
this Conl8lVatlon E_ment; and that it hereby fully WBlJ1Inta and defends the title to the
Conservation Easement hereby conveyed against the lawful daima of all persona
~;::"..,."
,;<<~~theha:"= ~~~::~ Co~~~~81S (Grantor) h.
i!,';, '~P~'i;J,t' \\.l '~:{, . .... ';
'l";_~~~~~HAGE' CLERK ::0 OE 0 J:~~M
'\\;~i;;~ '\i,:,~ 'i'
Form 1180 (Mod.11/2008) Deed of ConMMltion EaIement - Stand8rd
Page.. at6
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IJl] MAR 0 2 2010 W
EXHIBIT "A"
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ATLANTIC
......& .
KEY WEST INTERNATIONAL AIRPORT FOR MONROE COUNTY
KEY WEST INTERNATIONAL AIRPORT. KEY WEST, FL 33040
SPECIFIC PURPOSE SURVEY
monroe count co of sfwm easements
Sheet 1 of 7
Own No.:
08-273
ISlAND SURVEYING INC.
ENGINEERS ~ SUIMYORS
.31 52 Northside Drive
Suite 201
Key West. FI. 33040
(.305) 293-0466
Fax. (305) 293-02.37
fhildeb 1 Obetlsouth.net
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Northerly Boundary Line of Key West Airport
KEY WEST INTERNATIONAL AIRPORT FOR MONROE COUNTY
KEY WEST INTERNATIONAL AIRPORT, KEY WEST, FL .3.3040
...-.....
Sheet 3 of 7
SPECIFIC PURPOSE SURVEY
Ref. Flood panel No.
Own No.:
08-273
J 152 Northside Drive
Suite 201
Key West. Fl. 33040
(305) 293-0466
rox. (.305) 293-0237
fhlldeb 1 Obellsouth.net
co of sfwm easements
Legal Description: Easement 2:
(Prepared by undersigned):
A parcel of land located in a portion af Parcels 39 and 40 an the Island of Key West
according to Plat Book 3 at Page 35 and better described as follows:
Commence at the Northeast corner of Parcel 34 as shown on "Plat of Survey of
Lands on the Island of Key West", Monroe County, F'Iorida; recorded in Plat Book 3 at
Page 35 of Monroe County Official Records; thence N.19.03'22''W., along the West line
of Roosevelt Boulevard for a distance of 50.00 feet; thence S.70.56'38''W., a distance
of 1400.36 feet to the East line of said Parcel 39; thence S.19'03'22"E. along said
East line of Parcel 39 a distance of 1245.05 feet to the Point of Beginning; thence
S.69.20' 47"W., a distance of 1 0.87 feet; thence S.08'05'34 ..w., a distance of 34.76
feet; thence N.88.44'29"W., a distance of 33.95 feet; thence S.55'15'56''W., a distance
of 28.17 feet; thence N.32'08' 42"W., a distance of 85.11 feet; thence' N.44.09' 49"E., a
distance of 24.82 feet; thence N.10'22'19"W., a distance of 8.76 feet; thence N.78.
33'56"W., a distance of 1 0.47 feet; thence S.44'17'57"W., a distance of 22.20 feet;
thence S.68'46'36"W., a 'distance of 14.91 feet; thence N.57"36'36"W., a distance of
35.96 feet; thence S.40.49'21 ''W., a distance of 26.33 feet; thence S.34'12'41 "W., a
distance of 46.94 feet; thence 5.S1'54'10"W., a distance of 34.55 feet; thence S.39'
54'27''W., a distance of 65.40 feet; thence S.05'07'23"W., a distance of 27.86 feet;
thence S.35'55'31 "W., a distance of 46.16 feet; thence S.00'36'40"E., a distance of
67.98 feet; thence S.24'48'22"W., a distance of 82.37 feet; thence S.15'49'26"E., a '
distance of 20.90 feet; thence 5.08'19'52"E., a distance of 17.15 feet; thence N.30.
25'11"W., a distance of 26.07 feet; thence S.35'S6'27"W., a distance of SO.34 feet;
thence 5.30'32'10"W., a distance of 59.25 feet; thence 5.37'45'04"W., a distance of
41.83 feet; thence S.18'45'27"W., a distance of 38.83 feet; thence S.28'36'S1"W., a
distance of 79. 19 feet; thence S.2S'08'23"W., a distance of 72.29 feet; thence 5.29'
48'OO"W., a distance of 49.47 feet; thence S.29.36'22"W., a distance of 22.14 feet;
thence 5.32'15 '04"W., a distance of 16.26 feet; thence S.32'28'29"W., a distance of
32.86 feet; thence S.32"43'10"W., a distance of 44.46 feet; thence S.32'45'S6"W., a
distance of 48.33 feet; thence 5.31' 40'S1''W., a distance of 21.39 feet; thence S.30'
44'35"W., a distance of 38.42 feet to the West line of Parcel 38; thence
S.19.03'22"E., along the said West line of Parcel 39, a distance of 248.68 feet to the
Northerly boundary line of the Key West Airport; thence 5.86.31 '54"E. along said
Northerly boundary line of the Key West Airport, a distance of 976. 15 feet to the
Westerly boundary line of Parcel 38; thence N.19'03'22"W. along said Westerly boundary
line of Parcel 38, a distance of 1194.51 feet back to the Point of Beginning.
Parcel contains 722,252 square feet or 16.58 acres. more or less.
KEY WEST INTERNATIONAL AIRPORT FOR MONROE COUNlY
KEY WEST INTERNATIONAL AIRPORT, KEY WEST, FL 33040
Sheet 6 of 7
SPECIFIC PURPOSE SURVEY
Own No.:
08-273
ISlAND SURVEYING INC.
ENGI~-. PINNRI SURW:tORS
n 5 ' Ref. Flood panel No.
Scale: 1 = 0 1517 I(' Own. By: F.H.H.
Dote: 5/21/08 Flood Zone: AE-VE Flood Elevif_10,
REVISIONS AND/OR ADDITIONS
6/J/08: Uodate sea'. to 8 1/2 x 11 paper
8/-21/09: Revise Eosement West line Darcel 39
J 1 52 N orthside Drive
Suite 201
Key West, Fl. 3.3040
(J05) 293-0466
Fox. (305) 293-02.37
fhildeb 1 ObeUsouth.net
t\dwa\monroe countv\cODY of sfwm easements
. '. .~ . ;
. - -...... ............. -..;. ..... ..'. .... ...~...-...:~--.::.;....~.-...:..........-.:.;.--..--.;....- ._....~--~_._...__..-...... ....
LINE TABLE LINE TABLE LINE TABLE
Line Bearing Distance Line Bearing Distance Line Bearing Distance
L1 N.B4. 4 7' 4Q"E. 36.07' L17 S.69-20'47"W. 1 0.87' L39 S.3S.S6"27"W. 50.34:
L2 S.44.34'49"E. 22.97' L18 S.OS.05'34"W. 34.76' L40 S.30e 32'1 Q"W. 59.25'
L3 S.32eS7'34"E. 40. 9 1 ' L19 N.SS- 44 '29 "w. 33.95' L41 S.37-4S'04"W. 41.83 '
L4 S.OS.02'04'W. 37.7S' L20 5.55-15 '56 "~WI 28. 1 7' L42 S. 18-45 '27"W. 38.83'
L5 S. 60.11 '22'tE. 40. 1 4' L21 . N.32.08'42"W. 85. 11 ' L43 5.28-36'51 "w. 79. 1 9 '
L6 S.70.47'15"E. 29.58' L22 N.44.09'49"E. 24.82' L44 5.28.08 '23"W. 72.29 '
L7 S. 34- 2 8 ' 1 2 "E. 23.50' L23 N. 1 0- 22' 1 9 "w. 8.76' L45 S.29-48'OQ"W. 49.47'
LB S. 62-25' 311tE. 34.07' L24 N.78-33'S6"W. 1 0.47' L46. S.29.3S'22"W. 22. 1 4'
L9 S.68- 49'OQ"E. 22.21 ' L25 5.44-17'57 'w. 22.20' l47 5.32-1S'04"W. 16.26 '
. L10 5.24- 43' l61tE. 33.61 ' L26 S.6S- 46' 36 "w. 14.91 ' L48 S.32-28'29"W. 32.86 '
L 11 5.59-15'06"E. 36. 12' L27 N.57-36'36"W. 35.96' L49 5.32e 4J'l Q"W. 44.46'
L12 S.49-S5'32"E. 37.03' L28 5.40.49'21 "WI 26.33' L50 5.32- 45 '56 "w. 48.33'
L13 N. 71- 39' 49"E. 9.07' L29 S. 34-1 2' 41 "w. 46.94' L51 5.31- 40'51 "~WI 21.39 t
L30 5.51-54' 1 O"W. .34.55 '
L14 5.54- 37' 43"E. 42.70' LJ1 S.39-S4'27"W. 65.40' L52 S.30-44'J5"W. 38.42'
L15 N. 77-45' 40"E. 52.3~' L32 S.OS.07'23"W. 27.86' L53 S.19-0.3'22uE. 248.68'
L16 N.5/14' 14"E. 16.28' L33 5.35-55'31 'We 46. 16'
L60 N.89- 41 '41 "E. 48.82' l34 S.00-36' 40ttE. 67.98'
LS1 S.61-3S'14"E. 77.46 ' L3S' S.24- 48 '22 "w. 82.37'
L62 S. 00.1 8' 1 9 "E. 39.88' L36 S. 15- 49 '26 "E. 20.90'
L63 N.89.41 '41 "E. 66.00' L37 5.08-19'52"E. 17.15'
L64 S.OO.18'19"E. 37.00' L38 N. 30.25' 1 1 J'W. 26.07'
L65 S. 89- 41 ' 41 "w. 41.QQ'
L66 N. 00- 1 8 ' 1 9 "w. 16.88'
L67 N.61-3S'14"W. 77. 46 J
L68 S. 8 9- 41 ' 4 1 "w. 47.02'
L69 N.OJ-14'33 "w. 35.05'
CERTIFICATION:
I HEREBY CERTIFY that th attached SPECIFIC PURPOSE SURVEY
is true and correct to th best of my knowledge and beleif; that it meets the minimum
technical standards ado d by the Florida Board of Land Surveyors. Chapter 61 G17-6,
Florida Statute S ction 2.027. and the American Land Title Association. and that
there are no vi Ie ents unless shown hereon.
FREDERICK H. HILDEBRANDT
Professional Land Surveyor & Mapper No. 2749
Professional Engineer No. 3681 0
State of Florida
KEY WEST INTERNATIONAL AIRPORT FOR MONROE COUNlY
KEY WESt INTERNATIONAL AIRPORT. KEY WEST. Fl 33040
NOT VAL.ID UNLESS EMBOSSED WITH RAISED SEAL & SIGNATURE
Sheet 7 of 7
SPECIFIC PURPOSE SURVEY
Own No.;
08-273
ISlAND SURVEYING INC.
ENGIIbIa PI.ANtERs SUINEVORS
J 1 52 Northside Drive
Suite 201
Key West. Ff. 3.3040
(305) 293-0466
Fax. (305) 293-0237
fhildeb 1 ObeUsouth.net
of sfwm easements
:~'~:".~'...". ,
EXHIBIT "B"
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( .' . KEY WElT INTERNATIONAL AIRPORT
\ \:- : i f RUNWAY IAFIn ARIA IMPROVEMENTI
~ :. ERP APPLICATION
PROPOSED MmGAnON AREAS
AND CONSERVATION EASEMENTS
FIGURE
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