05/19/2010 Deed
MONROE COUNTY LAND AUTHORITY
1200 TRUMAN AVENUE, SUITE 207 · KEY WEST, FLORIDA 33040
PHONE (305) 295-5180 · FAX (305) 295-5181
TO:
Kevin Madok
Clerk's Office
FROM:
Kim Nystrom '-1
Land Authority /'
cc:
Pam Hancock
Clerk's Office
DATE:
June 9, 2010
SUBJI:CT:
Recorded Deed for Salt Ponds/Airport Mitigation Site RE#
000651 20-000000 (f/k/a Conley)
Attaclled please find the original recorded Warranty Deed from Monroe
County Comprehensive Plan Land Authority to Monroe County for RE#
00065120-000000.
Thank: you.
Doc. 1710717 0~/24/2010 9: 34A"
Flied & Recorded in Official Records of
~ONROE COUNTY DANNY L. KOLHAGE
THIS INSTRIJMENT PREPARED BY AND RETURN TO:
Larry R. Erskine, Esq.
1200 Truman Avc:Due, Suite 207
Key West, Florida 33040
Property Appraisers Parcel Identification (Folio) Number: 00065120-000000
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SPACE ABOVE THIS LINE FOR RECORDING DATA
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THIS WARRANTY DEED, made thecl\S\.. day of '^ , 2010, by Monroe County Comprehensive
Plan Land Authority, a land authority under section 380.0663 1), Florida Statutes, and Monroe County Ordinance
No. 031-1986~, whose post office address is 1200 Truman Ave., Suite 207, Key West, FL 33040 herein called the
Grantor, to Monroe County, a political subdivision of the State of Florida, post office address is 500 Whitehead
Street, Key WIest, FL 33041, hereinafter called the Grantee:
(Wherever used herein the terms ''grantor'' and "grantee" include all the parties to this instrument and the heirs, legal
representatives and assigns of individuals, and the successors and assigns of corporations)
WIT N E SSE T H: That the grantor, for and in consideration of the sum ofTEN AND OO/IOO'S (SI0.00) Dollars
and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens,
remises, releases, conveys and confirms unto the grantee all that certain land situate in MONROE County, State of
Florida, viz.:
SEE EXHmIT "A" ATTACHED HERETO
Subject to easements, restrictions and reservations of record and taxes for the year 2010 and thereafter.
SUBJECT TO: Grant of Conservation Easement in favor of Grantor herein, approved by Monroe
County Board of County Commissioners Resolution 117-2010 and attached hereto as Exhibit "B".
THE PROPERTY CONVEYED HEREIN IS NEITHER THE DOMICILE NOR THE HOMESTEAD
OF THE 'GRANTOR HEREIN NOR HISIHER SPOUSE NOR ANY OF HISIHER IMMEDIATE
HOUSEH4JLD AS DEFINED BY THE LAWS OF THE STATE OF FLORIDA.
TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
TO HA VE AND TO HOLD, the same in fee simple forever.
AND, the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;
that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2009.
IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day'and year fIrst above
written.
Signed, sealed and delivered in the presence of:
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Monroe County Com:pte~~li~~te . t ,\
Plan Land Authority "~.!: ;: .~; ~n~,:.: '
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By: Kim igington, ir
ST ATE OF FI..ORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this ~\ $'\. day of ~Il. l. , 2010, by Kim
Wigington, Chairman of the Monroe County Comprehensive Plan Land Authority,~allYknown to me
flr ftfl3 j3resHeed a~ igiRtifi~itigll.
My Commission Expires:
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Notary Publi
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~ .~ Kimberly A Nystrom
'A. C . ~ My Commission 00639861
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EXHIBIT A
Legal Description
Commencing at the intersection of the southerly right of way line
of Flagler Avenue and the Westerly right of way line (curb line)
of Roosevelt Boulevard, bear south 21 degrees, 22 minutes and 21
seconds east for a distance of 468.8 feet to a point, thence bear
south 68 degrees, 45 minutes and 48 seconds west along the
southerly side of the proposed canal for a distance of 1488.8 feet
to the point of beginning of the parcel of land hereinafter
. described; from said point of beginning continue bearing south 68
degrees, 45 minutes and 48 seconds west for a distance of 988.8
feet to a point, said bearing being on the southerly side of said
proposed canal; thence bear south 21 degrees, 14 minutes and 28
seconds east for a distance of 2866.16 feet to a point; thence
bear south 88 degrees, 41 minutes, 54 seconds, east for a distance
of 974.45'to a point; thence bear north 21 degrees, 14 minutes and
28 seconds west for a distance of 2439.72 feet back to the point
of beginning, containing 46.55 acres, on the island of Key West,
Plorida.
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EXHIBIT B
RESOLUTION NO. 117 - 2010
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE ACCEPTANCE OF PROPERTY IN
THE KEY WEST SALT PONDS AREA (RE #00065120-
00??oo) FROM THE MONROE COUNTY LAND
AUTHORITY AND APPROVAL AND EXECUTION OF
THE GRANT OF CONSERVATION EASEMENT ATTACHED
HERETO AS EXHBIIT A. FOR WETLAND RESTORATION
ACTIVITIES ASSOCIA TED WITH THE RUNW A Y
SAFETY AREA PROJECT AT THE KEY WEST
INTERNATIONAL AIRPORT.
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WHEREAS, in 1991 the Monroe County Comprehensive Plan Land Authority (hereinafter
"Land Authority" purchased a parcel identified by RE #00065120-o00ooo in the area known as
the Key West Salt Ponds (hereinafter "subject property") for conservation and recreation
purposes; and
WHEREAS, the legal description of the subject property is shown in Exhibit A., attached
hereto and made 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 resulting from the
airport's run.way 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. Anny 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
3 I, 2010 and voted 4/0 to recommend approval; and
WHEREAS, on April 21, 20 10, the Monroe County Land Authority approved the
termination ofa 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 COlnmissioners; and
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WHEREAS, the attached Grant ~f 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
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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 #00065120-00000o in the area known as the Key West Sah Ponds and more
particularly described in the legal description found in Exlubit 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 Exhibit A. and made a part hereof, as
required by the project's permits from the South Florida Water Management District and
the ll. 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.
Mayt)r Sylvia Murpby
Mayctr Pro Tem Heather Carruthen
Commissioner George Neugent
Commissioner Kim Wigington
Commissioner Mario Di Gennaro
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(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
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Depu, Clerk
Docll 1787733
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BOARD OF COUNTY COMM.gSI~E~
OF MONROE COUN FLORID~ ~
co CJ
By
Page 2 of2
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EXHIBIT
A
THIS INSTRUMENT PREPARED BY AND RETURN TO:
Larry R. Erskine, Esq.
1200 Truman Avenue, Suite 207
Key West. FL 33040
Property Appraisefs Parcelldentlficafion (Folio) Number:
RE #00065120-000000
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SPACE ABOVE THIS LINE FOR RECORDING DATA
GRANT OF CONSERVATION EA~EMENT
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THIS GRANT OF EASEMENT is made on this e:;?j day of , , 2010, by
Monroe County, a political subdivision of the State of Florid -, whose address is 500
Whitehead Street, Key West, Florida 33040, 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. iFlorida 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. Grallt of easement.
In consideration 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. EaS6'ment area.
The conservation easement granted by this instrument covers the entire property
described in Exhibit A.
3. Restraints impOsed by the conservation easement.
TIle 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 pfaclng 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) 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
predominately in its natural condition.
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f) Activities detrimental to drainage, flood control, water conservation, erosion control,
soil conservation, or fish and wildlife habitat preservation.
g) Acts or uses detrimental to such retention of land or water areas.
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.
5. Terms 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 mortgagee(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. Attorney'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 o( Grantee's representative on the servient estate.
The Grantee may enter upon the servient 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.
10. 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
. beginning of this Grant of Easement.
IN WITNESS WHEREOF, Grantor grants the Conservation Easement above and executes this
instrument on the date first above written.
ArrEST:
Danny L. Kolhage, Clerk
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EXHIBIT A
Legal Description
COBmenclng at the inte~section of the southe~ly ~ight of way line
of Flagler Avenue and the W.sterly ~ight of way ltn. (curb line)
of ROosevelt Boulevard, bea~ south 21 deg~ees, 22 .tnutes and 2.
seconds east fo~ a dietance of 46'.1 feet to a point, thence bea~
south 68 deg~ees, 45 minutes and 4' seconds west along the
southerly side of the proposed canal fo~ a distance of U".' feet
to the point of beginniog of the pa~ce1 of land h.~.inafte~
. described, fro. s.id point of beginning continue bearing south 68
degrees, 45 .inut.s and 4. seconds w.st for a distance of 91'.'
feet to a point, said bearing being on the southerly side of said
proposed canal, thence bea~ south 21 degrees, U minutes and 21
seconds east for a dhtance of 2166.16 feet to a point, thence
bear south 88 degrees, 41 minut.s, 54 seconds, east for a distanc.
of 974.45'to a point, tbence bea~ north 21 deg~ees, 14 .inute. and
2. .econds west for a dietance of 2439.72 feet back to the point
of beginning, containing 46.55 ac~e., on the island of Key West,
Plor idl~.
"ONROE COUNTY
OFFICIAL RECORDS
STATE OF FLORIDA
COU,NTY OF MONROE
This Copy is- a True Copy of the .
Original on File in this Office. Witness
my hand and Official Seal.
. U,
This QlO - day of ~
/0 I CJ
A.D., 20 b
DANNY L. KOLHAGE
~ei18~cu~j?fQln ~
By D.C.
r10NROE COUNTY
OFFICIAL RECORDS