04/21/2010 Easement
EXHIBIT
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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
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SPACE ABOVE THIS LINE FOR RECORDING DATA
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GRANT OF CONSERVATION EASEMENT
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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.
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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
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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 ..
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
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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
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BOARD OF COUNTY COMIWlisIONEU
OF MONROE COUN RoilD~ ~
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Yes
Yes
Yes
Yes
Yes
(S!AL)
Attest: DANNY L.KOLHAGE, Clerk
BO~~'-
DeputY Clerk
By
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