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Resolution 117-2010 RESOLUTION NO. 117 - 2010 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE ACCEPTANCE OF PROPERTY IN mE KEY WEST SALT PONDS AREA (RE #00065120- 000000) FROM THE MONROE COUNTY LAND AUmORITY AND APPROVAL AND EXECUTION OF THE GRANT OF CONSERVATION EASEMENT ATTACHED HERETO AS EXHBUT A. FOR WETLAND RESTORATION ACTMTIES ASSOCIATED WITH THE RUNWAY SAFETY AREA PROJECT AT THE KEY WEST INTERNATIONAL AIRPORT. WHE,REAS, in 1991 the Monroe County Comprehensive Plan Land Authority (hereinafter '"'Land Auth()rity" purchased a parcel identified by RE #00065120-000000 in the area known as the Key We~1 Salt Ponds (hereinafter "subject property") for conservation and recreation purposes; an.d WHEREAS, the legal description of the subject property is shown in Exhibit A., attached hereto and nlade a part hereof; and WHEREAS, prior to Land Authority ownership, the natural condition of the subject property was disturbed by the introduction of fill and exotic vegetation; and WHEREAS, the County's Airport staff propose to acquire title and conduct wetland restoration activities on the subject property as mitigation for wetland impacts resuhing from the airport's runway safety area project;; and WHEREAS, these mitigation activities are required by the project's permits from the South Florida Water Management District and the U. S. Army Corps of Engineers; and WHEREAS, the Land Authority Advisory Committee considered the proposed conveyance to the Monroe County Board of County Commissioners at a meeting held on March 31, 2010 an<l voted 4/0 to recommend approval; and WHEREAS, on April 21, 2010, the Monroe County Land Authority approved the termination ()fa lease held with the City of Key West on the subject property; and WHEREAS, on April 21, 2010, the Monroe County Land Authority approved the conveyance of the subject property to the Monroe County Board of County Commissioners for wetland restoration activities associated with the runway safety area project at Key West International. Airport; and WHEREAS, the conveyance of the subject property to the Monroe County Board of County Commissioners is subject to approval and execution of the Grant of Conservation Easement, (attached hereto as Exhibit A. and made a part hereof) by the Monroe County Board of County Commissioners; and Page 1 of2 WHEREAS, the attached Grant of Conservation Easement prohibits development activities on the subject property except for fences and the restoration activities required by South Florida Water Management District and the U. S. Army Corps of Engineers; and WHEREAS, the attached Grant of Conservation Easement was created pursuant to Section 704.06, Florida Statutes, and is to be governed by, construed, and enforced in accordance with that statute along with applicable laws of the State of Florida; now, therefore BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA hereby: 1. Agrees to accept title from the Monroe County Land Authority for the parcel identified by RE #00065120-000000 in the area known as the Key West Salt Ponds and more particularly described in the legal description found in Exhtbit A. attached hereto and made a part of this Resolution. 2. Acknowledges this property is being conveyed/accepted for the purpose of mitigation for wetland impacts that will result from the expansion of the runway safety area on the adjoining property at Key West International Airport and affirms that use of the subject property will be restricted as defined in the Grant of Conservation Easement attached hereto as Exhibit A and made a part of this Resolution. 3. Authorizes execution by the Monroe County Board of County Commissioners of the Grant of Conservation Easement, attached hereto as Exhtbit A. and made a part hereof: as required by the project's permits from the South Florida Water Management District and the (f. S. Army Corps of Engineers. 4. Acknowledges that the Grant of Conservation Easement is perpetual, runs with the land, and :is binding on all present and subsequent owners and mortgagees of the subject property . PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board on the 21st day of April, 2010. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner George Neugent Commissioner Kim Wigington Commissioner Mario Di Gennaro ~p~ ~ 2 r~.'-' -:: :2 0 -~;." ""....., I'\) -ry 0) a C");;z: ::0 -'. -0-.... h__,' "".. :Jr:-'oJ BOARD OF COUNTY COMIWlisIONEU OF MONROE COUN RoilD~ ~ Q) 0 Yes Yes Yes Yes Yes (S!AL) Attest: DANNY L.KOLHAGE, Clerk BO~~'- DeputY Clerk By Page 2 of2 EXHIBIT I A o THIS INSTRUMENT PREPARED BY AND RETURN TO: Larry R. Erskine, Esq. 1200 Truman Avenue, Suite 207 Key West, FL 33040 Property Appraiser's Parcel Identification (Folio) Number: RE #00065120-000000 ~~'.... "1<-:> ~~~ SPACE ABOVE THIS LINE FOR RECORDING DATA - . . _.__.. . __ _ c.....- '... ~--..~ ~:- ~ -{ J.> oel -.... rf1 GRANT OF CONSERVATION EASEMENT niL ~ THIS GRANT OF EASEMENT is made on .this /::?~. day of , 2010, by Monroe County, a political subdivision of the State of Florid , whose address is 500 Whitehead Street, Key West, Florida 33040J Grantor. to Monroe County Comprehensive Plan Land Authority, a land authority under Section 380.0663 (1), Florida Statutes and Monroe County Ordinance No. 031-1986, whose address is 1200 Truman Avenue, Suite 207. Key West, Florida 33040, as Grantee. A) The Grantor is the owner of certain real property (the servient estate) located in Monroe County', Florida, more particularly described in Exhibit A. B) This easement is a conservation easement created pursuant to Section 704.06, Florida Statutes, and is to be governed by. construed, and enforced in accordance with that statute along with applicable laws of the State of Florida. 1. Grant of easement. In (:onsideration for the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt of which is hereby acknowledged, the Grantor hereby grants to Grantee the easement described below. 2. Easement area. The conservation easement granted by this instrument covers the entire property described in Exhibit A. 3. Restraints imposed by the conservation easement. The! conservation easement granted by this instrument allows all mitigation activities required by South Florida Water Management District Permit No. 44-00149-5 and U.S. Army Corps of Engineers Permit No. 2002-06663 within the easement area. With the exception of said mitigation activities and the construction of fences, the conservation easement granted by this instrument prohibits the following within the easement area: 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 non-native vegetation whose removal is authorized by the Grantee. d) IExcavation, dredging, or removal of loam. peat, grave'. 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 predominately in its natural condition. Page 1 of 2 "" c:::::> - <:::t >>- -0 ~ N CD -0 ::r: z:- .." r rr1 o " o ::0 :;0 f'T1 n o ::u o c,.) Q) f) A.ctivities detrimental to drainage, flood control, water conservation, erosion control J s,oil conservation, or fish and wildlife habitat preservation. g) Alcts or uses detrimental to such retention of land or water areas. h) A.cts 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. 5. Term's 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 111 ortgagee(s) , if any, whose consent is attached hereto, is (are) the only mortgagee(s) having a security interest in the servient estate. 6. Modification of easement. No modification of this easement is binding unless evidenced in writing and signed by an authorized representative of the Grantee. 7. Altonley's fees. In the event of any controversy, claim or dispute arising under this instrument, the prevailing party shall be entitled to recover reasonable attorney's fees and costs, including appeals. 8. Entry of Grantee's representative on the servient estate. The (3rantee may enter upon the seNient estate, after first furnishing the Grantor no less than 24 hours notice, for the purpose of inspection to determine the Grantor's compliance with this Grant of Easement. 9. Limitation on Liability for Personal Injury or Injury to Property. The Grantor waives any rights the Grantor may have to bring a claim against Grantee for personal injury or injury to property that is caused by the negligent action or inaction of Grantee or an employee or agent of Grantee during the course of Grantee's activity related to this Grant of Easement. Grantor holds Grantee harmless from the claims of all persons for actions. inactions, or activities occurring on the servient estate. 1 O. NoticE~. Any notice provided for or concerning this grant of easement 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 beg1nning of this Grant of Easement. IN WITNESS WHEREOF, Grantor grants the Conservation Easement above and executes this insttumentontJ\e date first above written. A TICS!: Danny L. KOlhage, Clerk Page 2 of 2 Cf7 Depu~ EXHIBIT A Legal Description Commencing at the intersection of the 80utherly right of way line of Flagler Avenue and the Westerly right of way line (cuEb line) of Roosevelt Boulevard, bear south 21 degrees, 22 minutes and 21 seconds east for a distance of 461.8 feet to a point, thence bear south 68 degrees, 4S minutes and 41 seconds west along the southerly side of the proposed canal fOE a distance of 1418.' feet to the poin~ of beginnioq of the parcel of land hereinafter .described; from said point of beginning continue bearing south 68 degrees, 4S minutes and 48 seconds weat for a distance of 91'.8 feet to a point, said bearing being on the southerly side of ..id proposed canal; thence bear south 21 degrees, 14 minutes and 211 seconds east for a distance of 2166.16 feet to a point. thence bear south 88 degrees, 41 minutes, 54 seconds, east for a distance of 974.45~to a point, tbence bear north 21 degree., 14 minute. ~nd 28 seconds west fOE a distance of 2439.72 feet back to the point of beginning, containing 46.55 acres, on tbe island of Key West, Flor i da ..