Item L11
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 20,2002
Division:
Growth Management
Bulk Item: Yes X
No
Department: Environmental Resources
AGENDA ITEM WORDING: Approval for a Grant of Conservation Easement for part of
Government Lots 1 and 2, Section 32, Township 66 South, Range 30 East, West Summerland Key,
Momoe County. The Real Estate Numbers are 00106000-000000 and 00106010-000000.
ITEM BACKGROUND: None
PREVIOUS REVELANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
$0.00
BUDGETED: Yes N/ A No
COST TO COUNTY:
None (Per Suzanne Hutton none required)
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Atty ~ OMB/Purchasing N/A
DOCUMENTATION:
Included X
Risk Management N/ A
DIVISION DIRECTOR APPROVAL:
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM # L//
R,vi"d 17~
Grant of
Conservation
Easement
TIllS AGREEMENT is made this _ day of
,20
by and between
Monroe County. a oolitical subdivision of the State of Florida.
whose address is
5100 College Road, Stock Island, Key West, FL 33040
County of
Monroe
State of FL
, (Grantor) and Monroe County, a political
subdivision of the State of Florida, whose address is 5100 College Road, Stock Island, Key West, Fl 33040
(Grantee).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
That portion of West Summerland Key north of U.S. Highway 1 (the servient estate),
more particularly described as follows: (Legal description)
RE#s 00106000-000000 and 00106010-000000, part of Government Lots 1 and 2,
Section 32. Township 66 South. Range 30 East
The Grantor desires to develop the servient estate as (describe project):
Renlacement of an existinlZ communications tower and associated eauiDment
The servient estate contains (describe relevant natural features):
Mangrove anj salt marsh wetlands, low tropical hardwood hammock, and disturbed
upland area containing and existing communications tower and equipment building
Document Prepared By: Jeanette Hobbs
Address: 2798 Overseas Highway
Marathon, Fl 33050
The Grantee is a general purpose political subdivision of the State authorized and required to
regulate and control the use of real property through land development regulations in order to protect the
public health, safety and welfare, See, 9,5-336 of the Grantee's land development regulations requires that
certain areas of the servient estate be retained as open space and preserved in their natural
condition if the servient estate is to be developed as a communications tower replacement
The parties agree as follows:
1. Grant of easement.
In consideration for a development pennit for communications tower replacement
and in order to comply with See, 9,5-336, Monroe County Code, the Grantor hereby grants to Grantee the
easement described below.
2. Character of the easement and iovernin~ law.
This easement is a conservation easement under See, 704,06, Fla. Stat. and is to be governed by,
construed and enforced in accordance with that statute and with the applicable laws of the State of Florida,
3, Location of the easement. (metes and bounds description of the open space area)
a, The conservation easement is located as follows
a portion of the island of West Summerland Key located north ofD.S. Hi~hway I with the
exception of the permitted tower replacement site and the single access roadway thereto,
b, The location of the easement is also described in the diagram attached to this instrument
as Exhibit "An and, by reference, made a part of as fully and to the same effect as if set forth in this
instrument in its entirety,
4. Restraints imposed by the Conservation Easement.
The conservation easement granted by this instrument imposes the following restrictions on the
future use of the servient estate within the easement area:
a, No removal, trimming or pruning of trees, shrubs, or other vegetation (except non-native
vegetation whose removal is authorized by the Grantee's biologist).
b. No acts that are detrimental to wildlife or wildlife habitat preservation,
c. No excavation, dredging, or removal ofloam, peat gravel, soi~ rock, or other material
substances is such manner as to affect the surface,
?
d. No activities detrimental to drainage, flood control, water conservation, erosion control
and soil conservation,
e, No dumping or placing of soil or other substance or material as landfill or dumping or
placing of trash, waste, or unsightly or offensive materials,
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), ifany ,
whose consent is attached hereto, is (are) the only mortgagee(s) having a security interest in the servient
estate.
6, Entire Agreement.
This agreement constitutes the entire agreement between the parties and any prior understanding
or representation of any kind preceding the date of this agreement is not binding upon either party except to
the extent incorporated in this Agreement.
7, Modification of AlUeement.
Any modification of this Agreement or additional obligation assumed by either party in
connection with this Agreement is binding only if evidenced in writing and signed by an authorized
representative of each party and by any mortgagee,
8, Attorney's fees,
In the event of any controversy, claim or dispute arising under this instrument, the prevailing party
is entitled to recover reasonable attorney's fees and costs,
9, Entry of Grantee's representative on the servient estate,
The Grantee's representative on the servient estate, after first furnishing the Grantor no less than
24 hours notice for the purposes of inspection to determine the Grantor's compliance with this Agreement.
10. Notice,
Any notice provided for or concerning this Agreement 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 Agreement.
1
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written,
(SEAL)
ATTEST: D~L,KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
By
By
Deputy Clerk
Mayor/Chairman
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Printed name of Grantor
Grantor
Printed name of Grantor
STATE OF FLORIDA
COUNTY OF MONROE
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ee personally known to ~ :!r have produced
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as identification.
Sworn to and subscribed before me this
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Typed Notary Name and Number
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$""'~ PATRICIA C. ERICKSON
",,9'"' MY COMMISSION # 00085073
~J't/Jff\.'Q~ EXPIRES: January 29. 2006
HlOO,3-NOTARY FL NotlllY Service & Bondtng, Inc,
4
EXHIBIT A: SKETCH OF PROPERTY SUBJECT OF EASEMENT IS THE AREA NORTH OF US
HIGHWAY] (AK.A, STATE ROAD 5) EXCEPTING THE PERMITTED TOWER SITE (SEE
APPROVED BUILDING PERMIT SITE PLAN FOR EXACT LOCA nON AND BOUl\'DARIES)
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Conservation Easement
For Parcel RE# 00106010.000000
Monroe County BaCC
Permit Application # 011-2041
Salt marsh/
buttonwood
wetlands
\
Old highway
construction
building
N (approx.)
Scale: 1" = 200'
trai2
Mangrove
wetlands
Low hardwood
hammock
Disturbed
uplands (ROW)
Salt marsh/
buttonwood wetlands
~ \ \ \ \jArea to be'placed under conservation easement.
Approximately 169,152 square feet or
3.88 acres of high quality low elevation
hardwood hammock.
Figure 1. Existing site
conditions at the West
Summerland Key tower site
showing existing habitats
and proposed tower site
September 10, 2001
Department of P1annilU! and
Environmental Resources
2798 Overseas Highway, Suite 430
Marathon, Florida 33050-2227
Voice: (305) 289 2537
FAX: (305) 289 2536
JHobbs@mail.state,fl,us
County of Monroe
Board of Countv Commissionen
Mayor Charles "Sonny" McCoy, Dist. 3
Mayor Pro Tern Dixie Spehar. Dist 1
Comrn, Murray Nelson, Dist. 5
Comrn, George Neugent, Dist. 2
Comrn, Nora Williams, Dist. 4
To: James Roberts, County Administrator
From: Jeanette Hobbs, Biologist
Date: January 29, 2002
Ref: Conservation Easement for Monroe County Property on West Summerland Key
Monroe County recently obtained a permit (011-2041) to replace its communication tower on
West Summerland Key. The permit involved replacing a small guyed tower with a self-
supporting tower having a much larger base, therefore necessitating additional clearing of
the existing tropical hardwood hammock. Current County Code requires, as a part of the
restoration agreement for any hammock development, that Monroe County be given a Grant
of Conservation Easement on the undisturbed portions of hardwood hammock which
prohibits future development within the area of Conservation Easement. This Conservation
Easement has been proposed as a part of the restoration plan for this permit and is also
required by the U.S. Fish and Wildlife Service to minimize impacts to the endangered Key
Deer.
These Conservation Easements are routinely presented to the Board of County
Commissioners and signed by the Mayor acknowledging receipt of the Grant by Monroe
County. With regard to the West Summerland Easement, the County is both the grantor and
the recipient of the Easement. I have spoken with Suzanne Hutton of the County Attorney's
office, and she states that there is no conflict in this since the purpose of the Conservation
Easement is for the public good. Mr. Leggett has no objection to the placement of the
Easement on the unused portion of the West Summerland Key hammock.
We are requesting that you please sign the proposed Grant of Conservation Easement as
the applicant or Grantor of the Easement. Your signature will require witnesses and must be
notarized in order to meet the legal sufficiency of the Easement. I have enclosed a self-
addressed courier envelope for the return of the Easement, and hope to have the document
stamped for legal sufficiency and placed on the March BOCC agenda.
Should you have questions regarding the Easement or this particular permit, please do not
hesitate to contact me at extension 2537. Thank you for your time.
cc: K. Marlene Conaway, Director of Planning and Environmental Resources
Ralph Gouldy, Senior Administrator, Planning and Environmental Resources
Julie Maiko, Staff Assistant
Norm Leggett, Senior Director of Communications
Suzanne Hutton, County Attorney's Office
Ehclosures:
Grant of Conservation Easement
Transplantation and Restoration Plan, permit 011-4021
United States Fish and Wildlife Service coordination letter
Page 2 of 2, West Summerland tOlNer CE