Item P3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 17, 2013 Division: County Attorney
Bulk Item: Yes X No _ Staff Contact Person/Phone #:
AGENDA ITEM WORDING: Approval of Conservation Easement from Monroe County to South
Florida Water Management District as required by District Permit No. 44-00225.
ITEM BACKGROUND: In July 1997 permit no. 44-00255-P was granted in 1997 for a tower
upgrade around the Grassy Key Communication Tower. As part of that Permit Monroe County agreed
to grant a conservation easement to South Florida Water Management District, apparently for reasons
presently unknown the easement was either not completed or was not recorded in the Public Records.
This item completes the grant of easement.
This item is a housekeeping item and is put forward by the County Attorney since there is no longer a
Tower Communications Department.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: -0- INDIRECT COST: _ -BUDGETED: Yes No _
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes ?�AZhasing
No AMOUNT PER MONTH Year
APPROVED BY: County Atty Risk Management
DOCUMENTATION: Included
DISPOSITION:
Revised 7/09
Not Required
AGENDA ITEM #
This instrument prepared by, or under the direction of:
NATILEENE W. CASSEL, ESQ.
FBN 365785
Assistant County Attorney
P.O. Box 1026
Key West, Fl. 33041-1026
(Using form provided by SFWMD)
RE: Parcel Identification Number: 00370830-000000
Alternate Key No.: 1453994
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT is given this day of
, 20 , by Monroe County, State of Florida, a political subdivision of
the State of Florida, 1100 Simonton Street, Key West, FL 33040 ("Grantor") 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 herein 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
by reference ("Property"); and
WHEREAS, the Grantor desires to construct a surface water management system
serving 1.70 acre(s) of industrial development known as Monroe County Tower Upgrade
("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. 44-00225-P ("Permit") authorizes certain activities
which affect surface waters in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve and/or mitigate wetlands
under the District's jurisdiction; and
WHEREAS, the Grantor has developed and proposed as part of the permit conditions
a conservation tract and maintenance buffer involving preservation of certain wetland and/or
upland systems on the Property; 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 (1995), over the Property;
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 is
hereby acknowledged, Grantor hereby grants, creates and establishes a perpetual
conservation easement for an in favor of the Grantee upon the Property 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. 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.
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 Property
that may be damaged by any inconsistent activity or use.
2. Except for restoration, creation, enhancement, maintenance and monitoring activities,
or surface water management improvements, which are permitted or required by the Permit, the
following activities are prohibited in or on the Property:
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 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 condition;
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;
g. Acts or uses detrimental to such aforementioned retention of land or water areas;
h. Acts of uses within Grantor's regulatory jurisdiction which are detrimental to the
preservation of any features or aspects of the Property having historical or archaeological
significance.
3. 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 purpose of this Conservation Easement.
4. No right of access by the general public to any portion of the Property is conveyed by
this conservation easement.
5. Grantee shall not be responsible for any costs or liabilities related to the operation,
upkeep or maintenance of the Property.
6. Grantor shall pay any and all real property taxes and assessments levied by competent
authority on the Property.
7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and
restriction of this conservation easement shall be borne by and recoverable against the non -
prevailing party in such proceedings.
8. 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. Grantee will hold this conversation easement exclusively for conservation purposes.
Grantee will not assign its rights and obligation under this conservation easement except to
another organization qualified to hold such interests under the applicable state laws.
10. 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.
11. All notices, consents, approvals or other communications hereunder shall be in
writing and shall be deemed property given if sent by United States certified mail, return receipt
requested, addressed to the appropriate party or successor -in -interest.
12. The terms, conditions, restrictions and purpose of this conservation easement shall be
inserted by Grantor in any subsequent deed or other legal instrument by which Grantor divests
itself or any interest in the Property. Any future holder of the Grantor's interest in the Property
shall be notified in writing by Grantor of this conservation easement.
13. 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 filed in the public records in Monroe County.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions,
restrictions and purpose imposed with this conservation easement shall be binding upon Grantor,
and shall continue as 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 Property is free and clear or all encumbrances; 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.
IN WITNESS WHEREOF, Monroe County, State of Florida, a political subdivision of
the State of Florida, has hereunto set its authorized hand this day of ,
20 .
Signed, sealed and delivered
in our presence as witnesses:
Name:
Name:
Attest: Amy Heavilin, Clerk
By:
Deputy Clerk
DATE:
(SEAL)
GRANTOR:
Monroe County, State of Florida, a political
subdivision of the State of Florida
BY:
NAME:
TITLE:
DATE:
MONROE COUNTY
ROVED AS TATTORNEY
F
NATILEENE
el ASSISTANT COUNTY ASSEL
Cate ATTORNEY
EXHIB IT A
A PARCEL OF LAND IN A PORTION OF LOTS 6, 7, 8 AND 9, TOGETHER WITH A
VACATED ALLEY BETWEEN LOTS 7 AND 8 AND 9 AND 6, BLOCK 35, CRAINS
SUBDIVISION OF GRASSY KEY, ACCORDING TO THE PLAT THEREOF AS RECORD
IN PLAT BOOK 1, PAGE 51 OF THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING
AT THE SOUTHESTERLY CORNER OF SAID LOT 8; THENCE N.51023'00"E. ALONG
THE NORTHWESTERLY LINE OF SAID LOT 8, 113.00 FEET TO THE POINT OF THE
BEGINNING; THENCE S.45°33'39"E., 28.18 FEET; THENCE S.50°53'30E., 17.46 FEET;
THENCE S.32048'44"W, 16.45 FEET; THENCE S.28°54' 18"E, 19.73 FEET; THENCE
S.39007'20"E., 19.48 FEET; THENCE 46°E., 10.04 FEET; THENCE N.30°55'26"E., 16.89
FEET; THENCE N.17°39'42"W., 13.93 FEET; THENCE N.43°40'04"W., 19.01 FEET;
THENCE N.53058'59"W., 22.40 FEET; THENCE S.52°20'55"W., 7.70 FEET; THENCE
N.53054'41"W., 12.50 FEET; THENCE N.28°11'20"W., 15.21 FEET; THENCE
N.47012'5I"W., 21.65 FEET TO A POINT ON THE WORTHWESTERLY LINE OF LOT 7;
THENCE S.51023'00"W., ALONG THE NORTHWESTERLY LINE OF LOTS 7 AND 8,
28.00 FEET TO THE POINT OF BEGINNING. CONTAINNG 4,442 SQUARE FEET OR 0.1
ACRES MORE OR LESS.
ADDITIONAL BACK-UP
L]
SOUTH FLORIDA WATER MANAGEMENT DIb MCT
ENVIRONMENTAL RESOURCE
STANDARD GENERAL PERMIT NO. 444022S.P
a."
DATE ISSUED:_Jul y 31. 1997
PERMITTEE: MONROE COUNTY GOVERNMENT
10600 AVIATION BLVD
MARATHON, FL 33050
INDUSTRIAL DEVELOPMENT KNOWN AS MONROE COUNTY TOMPROJECT DESCRIPTION: A SURFACE HATER MANAGEMENT SYSTEM SERVING 1.70 ACRES OF
ER U a
PROJECT LOCATION: MONROE COUNTY, SECTION 33 TWP 66S RGE 30E
SECTION 27 TWP 63S RGE 37E
SECTION 25 7WP 66S RGE 29E
This is to notify you of the District's agent action concerning Notice of Intent for.
Permit Appplication No. 961216-13 dated Dece�r 16, 1996. This action is intent
Pursuant to Rule 40E-1.603 and CAapters 40E-40, Florida Administrative Code aken .).
Enviroed nmentaliResourceoGeneraldPermitsisiIn rules have
this project to subjectato.-
1. Not receiving a filed request for a Chapter 120, Florida Statutes, administrative
hearing,
2. the attached General Conditions,'
3. the attached 12 Special Conditions, and
4. the attached 9 EAibit(s).
Should "you object to these Conditions, please refer to the attached "Notice of
Rights' which addresses the procedures to be followed if you desire a blic hearing
wior other review of the roposed a ency action. Please contact this office if you
th the NoticenofcRlghts, -9 this matter. tf we ou not
t hear from you in accordance
action, y concur with the District's
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a 'Notice of Rights" has been mailed to the Permittee (and the
Persons listed in the attached distribution list)) no later than 5:00 mitp.m.on the 31st
day of July, 1997, in accordance with Section 120.60(3), Florida Statutes.
8Y//
Robert G. Robbins
Director - Natural Resource Management
West Palm Beach Service Center
Certified Dail No. Z 261 279 770
Enclosures
GENERAL CONDITIONS
1. ALL ACTIVITIES AUTHORIZED BY THIS PERMIT SHALL BE IMPLEMENTED AS SET FORTH IN
THE PLANS, SPECIFICATIONS AND PERFORMANCE CRITERIA AS APPROVED BY THIS PERMIT.
THADEVIATION
ACTIVITY SIHAALLROM TCONSTIITTUITEEA VIOLATION OF THISCPER IIIT AND PART CHAPTER
373, F.S.
2. THIS PERMIT OR A COPY THEREOF, COMPLETE WITH ALL CONDITIONS ATTACHMENTS
EXHIBITS, AND MODIFICATIONS SHALL BE KEPT AT THE WORK SITE bF THE PERMIT ED
ACTIVITY. THE COMPLETE PERMIT SHALL BE AVAILABLE FOR REVIEW AT THE WORK SITE
UPON RE&JEST BY THE DISTRICT STAFF. THE PERMITTEE SHALL REQUIRE THE CONTRACTOR
TO REVIEW THE COMPLETE PERMIT PRIOR TO CONMENC
BY THIS PERMIT. ENENT OF THE ACTIVITY AUTHORIZED
3. ACTIVITIES APPROVED BY THIS PERMIT SHALL BE CONDUCTED IN A MANNER WHICH DOES NOT
CAUSE VIOLATIONS OF STATE WATER QUALITY STANDARDS. THE PERMITTEE SHALL IMPLEMENT
BEST MANAGEMENT PRACTICES FOR EROSION AND POLLUTION CONTROL -TO PREVENT VIOLATION
OF STATE WATER QUALITY STANDARDS. TEMPORARY EROSION CONTROL SHALL BE
IMPLEMENTED PRIOR TO AND DURING CONSTRUCTION. AND PERMANENT CONTROL MEASURES
SWILL BE COMPLETED WITHIN 7 DAYS OF ANY CONSTRUCTION ACTIVITY. TURBIDITY
BARRIERS SHALL BE INSTALLED AND MAINTAINED AT ALL LOCATIONS WHERE THE
POSSIBILITY OF TRANSFERRING SUSPENDED SOLIDS INTO THE RECEIVING WATERBODY EXISTS
DUE TO THE PERMITTED WORK. TURBIDITY BARRIERS SHALL REMAIN IN PLACE AT ALL
LOCATIONS UNTIL CONSTRUCTION IS COMPLETED AND SOILS ARE STABILIZED AND
VEGETATION' HAS BEEN ESTABLISHED. ALL PRACTICES SHALE BE IN ACCORDANCE WITH THE
dUIDELINES AND SPECIFICATIONS DESCRIBED IN CWIPTER•6 OF THE FLORIDA LAND
DEVELOPMENT MANUAL; A GUIDE TO SOUND) LAND AN WATER MANAGEMENT (DEPARTMENT OF
ENVIRONMENTAL REGULATION, 1988t INCORPORATED BY REFERENCE IN RULE 40E-4.091
F.A.C. UNLESS A PROJECT-SPECIFII1 EROSION AND SEDIMENT CONTROL PLAN IS APPROW D
AS PART OF THE PERMIT. THEPEAFT R THE PERMITTEE SHALL BE RESPONSIBLE FOR THE
REMOVAL OF THE BARRIERS. THE PERMITTEE SHALL CORRECT ANY EROSION OR SHOALING
THAT CAUSES ADVERSE IMPACTS TO THE WATER RESOURCES.
4. THE PERMITTEE SHALL NOTIFY THE DISTRICT OF THE ANTICIPATED CONSTRUCTION START
DATE WITHIN 30 DAYS OF THE DATE THAT IRIS PERMIT IS ISSUED. AT LEAST 48 HOURS
SUBMIT TO PRIOR TO COMMENCEMENT OF ACTIVITY AUTHORIZED BY THIS PERMIT THE PERMITTEE SHALL
COMMENCEMENTENOTICEIFORM No.ENVIRONMENTAL99IATING THE ACTUAL STARTRDATE�AND THE
EXPECTED COMPLETION DATE.
S. WHEN THE DURATION OF CONSTRUCTION WILL EXCEED ONE YEAR, THE PERMITTEE SHALL
SUBwluCONSTRUCTION STATUS REPORTS TO THE DISTRICT ON AN ANNUAL BASIS UTILIZING
AN ANNUAL STATUS REPORT FORM. STATUS REPORT FORMS SHALL BE SUBMITTED THE
FOLLOWING JUNE OF EACH YEAR.
6.
7.
AFTER COMPLETION OF CONSTRUCTION
SUBMIT A WRITTEN STATEMENT OF Cl
ESSIONAL ENGINEER OR OTHER APPR01
BY A
"W"McJiun AMU LWIFICATION SHALL BE BASED ON ONSITE OBSERVATION�OFur
CONSTRUCTION OR REVIEW OF ASBUILT DRAWINGS FOR THE PURPOSE OF DETERMINING IF THE
WORK WAS COMPLETED IN COMPLIANCE WITH PERMITTED PLANS AND SPECIFICATIONS. THIS
SUBMITTAL SHALL SERVE TO NOTIFY THE DISTRICT THAT THE SYSTEM IS READY FOR
INSPECTION. ADDITIONALLY IF DEVIATION FROM THE APPROVED DRAWINGS ARE
DISCOVERED DURING THE CERTIFICATION PROCESS THE CERTIFICATION MUST BE
ACCOMPANIED BY A COPY OF THE APPROVED PERM' DRAWINGS WITH DEVIATIONS NOTED.
BOTH THE ORIGINAL AND REVISED SPECIFICATIONS MUST BE CLEARLY SHOWN. THE PLANS
MUST BE CLEARLY LABELED AS "ASBUILT" OR "RECORD" DRAWING. ALL SURVEYED
DIMENSIONS AND ELEVATIONS SHALL BE CERTIFIED BY A REGISTERED SURVEYOR.
PERENITTEETHAS COMPLIED WSE OF ITH IS PERMIT
HEM REQUIREMENTS OFCCONDITIONTI6) ABOVE, HAS
SUBMITTED A REQUEST FOR CONVERSION OF ENVIRONMENTAL RESOURCE�PERMIT 'FROM
CONSTRUCTION PHASE TO OPERATION PHASE, FORM NO.0920; THE DISTRICT DETERMINES THE
STEM TO BE IN COMPLIANCE WITH THE PERMITTED PLANS AND SPECIFICATIONS; AND THE
ENTITY APPROVED BY THE DISTRICT IN ACCORDANCE WITH SECTIONS 9.0 AND 10.0 OF THE
BASIS OF REVIEW FOR ENVIRONMENTAL RESOURCE PERMIT APPLICATIONS WITHIN THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT - AUGUST 1995, ACCEPTS RESPONSIBILITY FOR
OPERATION AND MAINTENANCE OF THE SYSTEM. THE PERMIT SHALL NOT BE TRANSFERRED TO
SUCH APPROVED OPERATION AND MAINTENANCE ENTITY UNTIL THE OPERATION PHASE OF THE
PERMIT BECOMES EFFECTIVE. FOLLOWING INSPECTION AND APPROVAL OF THE PERMITTED
SYSTEM BY THE DISTRICT, THE PERMITTEE SHALL INITIATE TRANSFER OF THE PERMIT TO
THE APPROVED RESPONSIBLE OPERATING ENTITY IF DIFFERENT FROM THE PERNITTEE.-
UNTIL• THE PERMIT IS TRANSFERRED PURSUANT TO SECTION 40E-1.6107, F.A.C., THE
PERMITTEE SHALL BE LIABLE FOR COMPLIANCE WITH THE TERMS OF THE PERMIT.
S. EACH PHASE OR INDEPENDENT PORTION OF THE PERMITTED SYSTEM MUST BE COMPLETED IN.
ACCORDANCE WITH THE PERMITTED PLANS AND PERMIT CONDITIONS PRIOR TO THE
INITIATION OF THE PERMITTED USE OF SITE INFRASTRUCTURE LOCATED WITHIN THE AREA
SERVED BY THAT PORTION OR PHASE OF THE SYSTEM. EACH PHASE OR INDEPENDENT
PORTION OF THE SYSTEM MUST BE COMPLETED IN ACCORDANCE WITH THE PERMITTED PLANS
MAINTENANCE OOFTHEOPHASEIOR OR PORTION THE SYSTOF EM TOIAILOCALRGOVERRMIENNTT OR OTHER
RESPONSIBLE ENTITY.
9. FOR THOSE SYSTEMS THAT WILL BE OPERATED OR MAINTAINED BY AN ENTITY THAT WILL
REIRE AN EASEMENT OR DEED RESTRICTION IN ORDER TO ENABLE THAT ENTITY TO
DEED RESTRICTION M ST Rp RFcnoncnt CuN,Fruuc mim wWt. THIS PERlIITi SUCH EASEMENT OR.
TLICATIONS WITHIN THE SOUTH FibRIDA WATER�MPMGEN NT DISTRICT - AUGUST
:OR TO LOT OR UNIT SALES OR PRIOR TO THE COMPLETION OF THE SYSTEM,
OCCURS FIRST. OTHER DOCUMENTS CONCERNING THE ESTABLISHMENT AND
OF THE OPERATING ENTITY MUST BE FILED WITH'THE SECRETARY Of STATE 'ROPRIATE. FOR THOSE SYSTEMS WHICH ARE PROPOSM TO BE MAINTAINED BY THE
MUNICIPAL ENTITIES, FINAL OPERATION AND MAINTENANCE OOCUMEIITS MUST BE
BY THE DISTRICT WHEN MAINTENANCE AND OPERATION OF.THE SYSTEM IS
BY THE LOCAL GOVERNMENT.ENTITY. FAILURE TO SUBMIT THE APPROPRIATE
UMENTS WILL RESULT IN THE PERMITTEE REMAINING LIABLE FOR CARRYING OUT
CE AND OPERATION OF THE PERMITTED SYSTEM AND ANY OTHER pErarrT
c-
10. SHOULD ANY OTHER.REGULATORY AGENCY REQUIRE CHANGES TO THE PERMITTED SYSTEM, THE
PERMITTEE SHALL NOTIFY THE DISTRICT IN WRITING OF THE CHANGES PRIOR TO
IMPLEMENTATION SO THAT A DETERMINATION CAN BE MADE WHETHER A PERMIT MODIFICATION
IS REQUIRED.
11. THIS PERMIT DOES NOT ELIMINATE THE NECESSITY TO OBTAIN ANY REQUIRED FEDERAL,
STATE LOCAL AND SPECIAL DISTRICT AUTHORIZATIONS PRIOR TO THE START OF ANY
ACTIVITY APPROVED BY THIS PERMIT. THIS PERMIT DOES NOT CONVEY TO THE PERMITTEE
OR CREATE IN THE PERNITTEE ANY PROPERTY RIGHT OR ANY INTEREST IN REAL PROPERTY,
NOR DOES IT AUTHORIZE ANY ENTRANCE UPON OR ACTIVITIES ON PROPERTY WHICH IS NOT
OWNED OR CONTROLLED BY THE PERNITTEE, OR CONVEY ANY RIGHTS -OR PRIVILEGES OTHER
THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER 40E-4 OR CHAPTER 40E-40, F.A.C.
12. THE PERNITTEE IS HEREBY ADVISED THAT SECTION 253.77 F.S. STATES THAT A PERSON -
NAY NOT COMMENCE ANY EXCAVATION, CONSTRUCTION, OR OTHER ACTIVITY INVOLVING THE
USE OF SOVEREIGN OR OTHER LANDS OF THE STATE THE TITLE TO WHICH IS VESTED IN
THE BOARD OF TRUSTEES OF THE INTERNAL THE RE IMPROVEMENT TRUST FUND WITHOUT OBTAINING
UIRED LEASE, LICENSE, EASEMENT OR OTHER FORN OF CONSENT AUTHORIZING THE
PROPOSED USE. THEREFORE, THE PERNITHE IS RESPONSIBLE FOR OBTAINING ANY
NECESSARY AUTHORIZATIONS FROM THE BOARD OF TRUSTEES PRIOR TO COMMENCING ACTIVITY
ON SOVEREIGNTY LANDS OR OTHER STATE-OWNED LANDS.
13. THE PERMITTEE MUST OBTAIN A WATER USE PERMIT PRIOR TO CONSTRUCTION DEWATERING,
UNLESS THE WORK QUALIFIES FOR A GENERAL PERMIT PURSUANT TO SUBSECTION 40E-
20.302(4), F.A.C., ALSO KNOWN AS THE "NO NOTICE' RULE.
14. THE PERMITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL
DAMAGES CLAIMS, OR LIA8ILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION,
ALTERATION, OPERATION, MAINTENANCE, REMOVAL, ABANDONMENT OR USE OF ANY SYSTEM
AUTHORIZED'BY THE PERMIT.
1S. ANY DELINEATION OF THE EXTENT OF A WETLAND OR OTHER SURFACE WATER SUBMITTED AS.
AT OF' THE PERMIT APPLICATION, INCLUDING PLANS OR OTHER SUPPORTING
jOCUMENTMTFTTCONSIDERED SETIS33421()IC�IPVETHI RIUA AORMALDEEINON.UNDECTION7:2F.SROIDS
OTHERWISE.
16. THE PERMITTEE SHALL NOTIFY THE DISTRICT IN WRITING WITHIN 30 DAYS OF ANY SALE
CONVEYANCE OR OTHER TRANSFER OF OWNERSHIP OR CONTROL OF A PERMITTED SYSTEM 6A
THE REAL MARTY ON WHICH THE PERMITTED SYSTEN IS LOCATED.. ALL TRANSFERS OF
OWNERSHIP OR TRANSFERS OF A PERMIT ARE SUBJECT TO.THE'REQUIREMENTS OF RULES 40E-
1.6105 AND 40E-1.6107, F.A.C. THE PERMITTEE TRANSFERRING. THE PERMIT SHALL REMAIN
LIABLE FOR:.CORRECTIVE ACTIONS THAT MAY BE REFIRED AS A RESULT OF ANY VIOLATIONS
PRIOR TO. THE SALE, CONVEYANCE OR OTHER TRANS ER OF THE SYSTEM.
17. UPON. REASONABLE NOTICE TO THE PERMITTEE, DISTRICT AUTHORIZED STAFF WITH PROPER
SYSTTEEM TO INSURE.CCONFORMITYEWITHSTHHEE PLANES X9 SPECIFIWIIOONS AP�VED BYHTEHE
PERMIT.
18. IF HISTORICAL OR ARCHAEOLOGICAL ARTIFACTS ARE DISCOVERED AT ANY TIME ON TKE
PROJECT SITE' THE PERMITTEE SHALL IMMEDIATELY NOTIFY THE APPROPRIATE DISTRICT
SERVICE CENTIR.
19• THE PERMITTEE SHALL IMMEDIATELY NOTIFY THE DISTRICT -In WRITING OF ANY PREVIOUSLY
SUBMITTED INFORMATION THAT IS LATER DISCOVERED TO BE INACCURATE.
vm
in
SPECIAL CONDITIONS
I. THE PERNITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF :ANY EROSION SHOALING
OR WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE
SURFACE WATER MANAGEMENT SYSTEM.
2. MEASURES SHALL BE TAKEN:DURING CONSTRUCTION T^ INSURE THAT SEDIMENTATION AND/OR
TURBIDITY PROBLEMS ARE NOT CREATED IN THE RE%,,IVING WATER.
3. THE DISTRICT
INTO THE DRAINAAGEISYSTTEEM IFTSUCH MEASURES ARE
SHOWN TO BE NECESSARY.
4. FACILITIES OTHER'THAN THOSE STATED HEREIN SHALL NOT Be. CONSTRUCTF MITHOUT AN
APPROVED MODIFICATION OF THIS PERMIT.
S. OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF
THE PERNITTEE. PRIOR TO TRANSFER OF TITLE FOR ANY PORTION OF THE PROJECT TO A
THIRD PARTY, MODIFICATION OF THE PERMIT WILL BE REQUIR!D.
6. SILT SCRFFMc_ uev DAI ee nn ter,.•......_..
7. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, THE PERIMETE
WETLANDS AND BUFFER ZONES SHALL BE STAKED AND ROPED TO
THE WETLANDS. THE PERNITTEE SHALL NOTIFY THE SFWMD'S E
STAFF IN WRITING UPONCOMPLETION-OF ROPING AND STAKING
INSPECTION Of THIS WORK. THE ROPING AND STAKING SHALL
APPROVAL. THE PERMITTEE SHALL MODIFY THE STAKING AND R
DETERMINES IT
ANDUROPIN6 .SHALL REMAIN IN PLACE UNTIL
CONSTRUCTION ACTIVITIES ARE COMPLETE.
8.
9.
rw tt; l M SFWND STAFF
1 IF SFWMD STAFF
THE_INTENT OF THIS
ANY FUTURE CHANGES IN LAND USE OR TREATMENT OF WETLANDS AND/OR UPLAND BUFFER/
COMPENSATION AREAS MAY REQUIRE A SURFACE WATER NANAGENENT PERMIT MODIFICATION
AND ADDITIONAL ENVIRONMENTAL REYIEW BY INSTIING ANTURE DISTRICT STAFF. PRIOR TO THE PERNITTEE
MY FUCHANGES NOT AUTHORIZED BY THIS PERMIT, THE PERNITTEE
SHALL NOTIFY THE SFWMO OF SUCH INTENTIONS FOR A DETERMINATION OF ANY NECESSARY
PERMIT MODIFICATIONS.
10. A WETLAND MITIGATION PROGRAM SHALL BE IMPLEMENTED IN ACCORDANCE WITH EXHIBITS)
5 - 7. THE PERNITTEE SHALL RESTORE .05 ACRE OF MARSH AND PROTECT .46 ACRE OF
UPLAND COMPENSATION AREA(S).'
11. ACTIVITIES ASSOCIATED WITH IMPLEMENTATION OF THE WETLAND MITIGATION MONITORING
AND MAINTENANCE SHALL BE IN ACCORDANCE WITH THE FOLLOWING WORK SCHE�IILE. ANY
DEVIATION FROM THESE TIME FRAMES SHALL REQUIRE FORMAL SFWMD APPROVAL. SUCH
REQUESTS MUST BE MADE IN WRITING AND SHALL INCLUDE 1 REASON FOR THE
MODIFICATION• 2 PROPOSED START FINISH DATES; AND 13 PROGRESS REPORT ON THE
STATUS OF TH� �X�STING MITIGATION EFFORTS.
COMPLETION DATE ACTIVITY
APRIL
APRIL
30,
30,
1999
2000
FIRST MONITORING REPORT
APRIL
APRIL
30,
2001
SECOND MONITORING REPORT
THIRD MONITORING REPORT
APRIL
30,
30,
2002
2003
FOURTH MONITORING REPORT
FIFTH MONITORING
REPORT
E
0
12. �10 LATER THAN SEPTEMBER 30 1997, THE PERNITTEE SHALL SUBMIT A RECORDED COPY OF
THE CONSERVATION EASEMENT TO THE NATURAL RESOURCE MANAGEMENT DIVISION POST
PERMIT COMPLIANCE STAFF IN WEST PALM BEACH, THE CONSERVATION EASEMENT SHALL aE
IN SUBSTANTIAL CONFORMANCE WITH EXHIBIT B.
MNROE COUNTY TOYER UPGRADE
PERMIT SMM SHEET
APPLICATION NUMBER: 261216-13
LOCATION: NONROE COUNTY, S33/T66S/R30E
S27/T63S/R37E
S25/T66S/R29E
OWN: NONROE COUNTY GOVERNNENT
ENGINEER: LEWIS ENVIRONNENT SERVICES INC
PROJECT AREA: 1.73 ACRES DRAINAGE AREA: 1.73 ACRES
PROJECT USE: INDUSTRIAL
PROJECT SITE DESCRIPTIONS
The osad ro ect involves the replacement of exists
CO�ca on ewers with free-standing towers at the following
locations: Grassy Key, Islamorada and Summerland Key. ng three
The Grassy Key site (Exhibit 2) includes a fill pad and access road
constructed from limerock fill. These fill areas are vegetated by Australian
fill'Padaislaamangpro epwatlan dominated ree brabss. The area surrounding the
lack and white mangroves.
The Islamorada site (Exhibit 3) consists of a disturbed former wetland area
Which has been disturbed by filling with concrete debris and limerock.
Vegetation associated with this disturbed area includes Brazilian pepper,
Australian pine, buttonwood and Jamaica caper. The area surrounding this
disturbed upland is mangrove and salt marsh.
The Summerland Key site (Exhibit 4) consists of ma
buttonwood community and a disturbed fill area whernerthe w6ttlerni3, salt marsh,
located. currently
Exhibit
U
NONROE COUNTY TOWER UPGRADE
PERMIT SUNHARY SHEET
EXISTING ON SITE WETLAND CONNUNITIESs
IO TOTAL BIOLOGICAL COMMUNITY COMMUNITY
AC C 0 Ty
.03 FAIR SALTWA ER
.03
TOTAL ON SITE WETLAND ACREAGE: .03
S AMQERED. THREATENED Nl SPECIES OF SPECIAL CONCERN SNUNiARY:
The project site does not contain preferred habitat for end
threatened, or species of special concern. No endangered/threatened or
species of special concern were observed on site, and submitted information
indicates that endangered/threatened or species of special concern use of the
site is not an issue. This permit does not relieve the applicant from
the fcoMPlutuure, endangering with all ed/threatenedlicable eora species of spother ecial conce�i�iscovered
on the site.
WETLAND PRESERVATION AND IMPACT SUMMARY:
The applicant proposes to impact 0.03 acre of wetlands at the three sites in
order to replace existing guy -supported comMunication towers with free-
standing towers. The applicant has Minimized wetland impacts through the
development of a construction sequencing plan which includes the removal of
the existing towers -prior to placement of the new towers.
WETLAND PRESERVATION:
ID COMMUNITY
TY
TOTAL ON SITE PRESERVATION ACREAGE: .00
WETLAND IMPACTS:
IO COMMUNITY
IMPACT IMPACT
PRESERVATION
BIOLOGICAL
Exhibit.16
0 a
M.ONROE COUNTY TOWER UPGRADE
PERMIT SUMMARY SHEET
TOTAL IMPACTED ACREAGES .03
MITIGATION/NONITORING:
To offset impacts to 0.03 acre of wetlands associated with the- replacement of
the three towers, the applicant proposes to enhance 0.S1 acres and restore
0.01 acre of on -site wetlands at the three tower sites, in accordance with .
Exhibits 5 - 7. The enhancement and restoration areas will be placed under
conservation easement (Exhibit 8) in accordance with Special CelWition Number
I2. The applicant will submit annual monitoring reports for a period of five
(5) years in accordance with Special Condition Number 11. The preserve areas
will be -maintained in perpetuity to ensure that exotic and nuisance plant
species are controlled.
Restoration at all sites will be accomplished by the natural recruitment of
desirable. wettand species. Coverage rates for the restoration sites will. be
thirty (30) percent following the first year, fifty (50) percent following the
second year and eighty (80) percent following the third through fifth years of
monitoring. In the event that target vegetation coverages are not arbieved,
the applicant will be required to provide an alternative planting plan to meet
the required vegetative coverage.
WETLAND INVENTORY: -
NEW PHASE - ENHANCEMENT/RESTORATION
ONSITE
Cypress
Marsh
Trans.
mix Forest
Tota s
Total Wet. AC 0
.08
0
0
.08
Wet. Preserved 0
.05
0
0
.05
Wet. Impacted 0
.03
0
0
.03
Wet. Disturbed 0
0
0
0
0
Wet. Improved 0
.05
0
0
.05
Wet. Created 0
0
0
0
0
Uplands
Other Compensation
.46
Exhibit Is,
r'1
0
NONROE COUNTY TOWER UPGRADE
The applicant proposes to replace existing, guy -supported towers with free-
standing towers. To offset wetlan&-impacts associated with the tower
replacement, the applicant proposes on -site mitigation that includes
restoration and enhancement of surrounding wetlands and the placement of
conservation easements over undeveloped portions of the project sites.
The proposed activities have been evaluated for potential secondary and
cumulative impacts and to determine if the project is contrary to the public
interest. Based upon the proposed project design and the mitigation plan, the
District has determined that the project will not cause adverse secondary or
cumulative impacts to the water resources and is not contrary to the public
interest.
DIVISIML APPROVAL:
RESOURCE EMENTram.Z;T. Brown
SU A E TE
C'Arlos A. do Ro a P. .
DATE: An-
(
DATE: 7 97 T7
Exhibit A
Property Search -- Monroe County Property Appraiser
Pagel of 5
Karl D. Borglum
Property Appraiser
Monroe County, Florida
Property Record Card -
Map portion under construction.
Alternate Key: 1453994 Parcel ID: 00370830-000000
Ownership Details
Mailing Address:
COUNTY OF MONROE
500 WHITEHEAD STREET
KEY WEST, FL 33040
Property Details
Key West (305) 292-3420
Marathon (305) 289-2550
Plantation Key (305) 852-
7130
Website tested on
Internet Explorer.
Requires Adobe Flash
10.3 or higher
PC Code: 86 - COUNTIES OTHER THAN (PC/LIST)
Mlllage Group: 50CM
Affordable Housing: No
Section -Township- 24-65-33
Range:
Property Location: TOWER 31 CRAIN ST GRASSY KEY
Subdivision: CRAIN's SUBD
Legal Description: CRAINS SUBD OF GRASSY KEY PB 1-51 LOTS 4 THRU 11 SQR 35 G28-279-280 OR686-143 OR768-
1574 OR1557-1994QC(CW)
h4://www.mcpafl.org/PropSearch.aspx 8/13/2012
Property Search — Monroe County Property Appraiser
Page 2 of 5
Show Parcel Map that can launch map - Must have Adobe Flash Player 10.3 or higher
Exemption Amount
14 - COUNTYLANDS 29,423.00
Land Details
Land Use Code Frontage Depth Land Area
OOOX - ENVIRONMENTALLY SENS 0 0 8.00 LT
Building Summary
Number of Buildings: 1
Number of Commercial Buildings: 1
Total Living Area: 96
Year Built: 1999
Building 1 Details
Building Type
Condition A
Quality Grade 450
Effective Age 11
Perimeter 40
Depreciation % 13
Year Built 1999
Special Arch 0
Gmd Floor Area 96
Functional Obs 0
Economic Obs 0
Inclusions:
Roof Type
Roof Cover
Foundation
Heat 1
Heat 2
Bedrooms 0
Heat Src 1
Heat Src 2
Extra Features:
2 Fix Bath 0
Vacuum 0
3 Fix Bath 0
Garbage Disposal 0
http://www.mcpafl.org/PropSearch.aspx 8/13/2012
Property Search -- Monroe County Property Appraiser
4 Fix Bath
0
6 Fix Bath
0
6 Fix Bath
0
7 Fix Bath
0
Extra Fix
0
12 FT.
FLA
8 FT.96-40
12 FT.
Sections:
Compactor 0
Security 0
Intercom 0
Fireplaces 0
Dishwasher 0
8 FT.
Nbr Type Ext Wail # Stories Year Built Attic A/C Basement % Finished Basement % Area
1 FLA 1 1998 96
Interior Finish:
Section Nbr Interior Finish Nbr Type Area % Sprinkler A/C
11807 ELEC/rELEPHONE ETC A 100 N N
Exterior Wall:
Interior Finish Nbr Type Area %
4039 REIN CONCRETE 100
Misc Improvement Details
Page 3 of 5
Nbr Type # Units Length Width Year Built Roll Year Grade Life
1 CL2:CH LINK FENCE 288 SF 48 6 1997 1998 2 30
Appraiser Dotes
HAS BELL SOUTH TOWER. 2001/10/29 SB, TPP ACCOUNT #8932793 - TOWER #31,
h4://www.mcpafl.org/PropSearch.aspx 8/13/2012
Property Search -- Monroe County Property Appraiser
Page 4 of 5
Parcel Value Hist -,.
Certified Roll Values
View Taxes for this Parcel.
Roll
Year
Total Bldg
Value
Total Misc
Improvement Value
Total Land
Value
Total Just
Market Value
Total Assessed
Value
School Exempt School Taxable
Value Value
2011
28,718
328
400
29,446
29,446
29,446
0
2010
29,048
346
400
29,794
29,794
29,794
0
2009
29,708
363
400
30,471
30,471
30,471
0
2008
30,368
386
400
31,154
31,154
31,154
0
2007
19,802
389
400
20,591
20,591
20,591
0
2006
20,232
406
400
21,038
21,038
21,038
0
2005
20,232
428
400
21,060
21,060
21,060
0
2004
20,658
445
400
21,503
21,503
21,503
0
2003
20,658
461
400
21,519
21,519
21,519
0
2002
20,658
484
400
21,542
21,542
21,542
0
2001
20,658
500
400
21,558
21,558
21,558
0
2000
20,658
302
400
21,360
21,360
21,360
0
1999
0
0
400
400
400
400
0
1998
0
0
400
400
400
400
0
1997
0
0
400
400
400
400
0
1996
0
0
400
400
400
400
0
1995
0
0
400
400
400
400
0
1994
0
0
400
400
400
400
0
1993
0
0
400
400
400
400
0
1992
0
0
400
400
400
400
0
1991
0
0
400
400
400
400
0
1990
0
0
400
400
400
400
0
1989
0
0
400
400
400
400
0
1988
0
0
400
400
400
400
0
1987
0
0
24,200
24,200
24,200
24,200
0
1986
0
0
3,000
3,000
3,000
3,000
0
1986
0
0
3,000
3,000
3,000
3,000
0
1984
0
0
3,000
3,000
3,000
3,000
0
1983
0
0
3,000
3,000
3,000
3,000
0
1982
0
0
3,000
3,000
3,000
3,000
0
Parcel Sales History
NO I i • Sales do not generally show up in our computer system until about two to three months after the
date of sale. If a recent sale does not show up in this list, please allow more time for the sale record to be
processed. Thank you for your patience and understanding.
Sale Date Official Records Book/Page Price Instrument QuallticaUon
http://www.mcpafl.org/PropSearch.aspx 8/13/2012
Property Search -- Monroe County Property Appraiser
Page 5 of 5
12N0/1998 1557 / 1994 7,500 QC
This page has been visited 69,742 times.
Monroe County Property Appraiser
Karl D. Borglum
P.O. Box 1176
Key West, FL 33041-1176
http://www.mcpafl.org/PropSearch.aspx 8/13/2012