Item P2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Time Approximate 9:45
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Meeting Date:
December 15. 2004
County Attornev
Bulk Item: Yes No X
AGENDA ITEM WORDING: Approval to Issue and for mayor to execute an Amended
Conservation Easement on Crawl Key, said easement to be granted to the Land
Authority .
ITEM BACKGROUND: In 1991, the BOCC granted the Land Authority a conservation
easement on Crawl Key, restricting future use to solid waste and septage treatment
facilities. On September 21, 2004, the BOCC approved Resolution 341-2004 requesting
the Land Authority to accept an amended easement expanding the scope of uses to all
governmental and public purposes. The Land Authority Advisory Committee rejected
this proposed amendment and recommends, instead, a compromise amendment limiting
the use of the property to specific facilities, as follows: the existIng fire training and
FKEC facilitIes, plus the proposed wastewater and medical examiner facilities at
designated locations. The Committee's recommended version of the easement is the
agenda item submitted herewith.
PREVIOUS RELEVANT BOCC ACTION: In 1991 the BOCC issued the conservation
easement with the uses restricted to waste and septage treatment facilities. On
September 21, 2004, the BOCC passed Res. No. 341-2004, requesting Land Authority to
accept an amended easement.
CONTRACT I AGREEMENT CHANGES: Scope of use, location of development,
restrIctions on construction design, environmental/restoration requirements, and public
access requirements. See the summary of changes attached to the reciprocal Land
Authority agenda Item.
STAFF RECOMMENDAnONS: Approval to issue and authorize the mayor to execute
the amended conservation easement as revised by the Land Authority Advisory
Committee.
TOTAL COST: N/A BUDGETED: Yes _ No_
COST TO COUNTY: NI A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No ..l.l AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing _ Risk Management _
DIVISION DIRECTORAPPROVA~OL1l~ L112~/61
J. R. COWNS
DOCUMENTATION:
Included
To Follow
Not Required
AGENDA ITEM #3 '"'~
AMENDED CONSERVATION EASEMENT
A Conservation Easement is hereby granted and conveyed on the day of
, 20_, by the Board of County Commissioners of Monroe County, Florida
(hereinafter referred to as "GRANTOR"), to the Monroe -County Comprehensive Plan Land
Authority (hereinafter referred to as "GRANTEE"), in the following property (hereinafter
referred to as "Property"):
Lot 3 of Section 26 in T.65S., R.33E., and Lot 1 of Section 35 in T.65S.,
R.33E., known as Eastern Crawl Key, Monroe County, Florida.
WHEREAS, Grantor previously granted, on April 19, 1991, a Conservation Easement
deed to Grantee with restrictions based upon the expected use of Property as a waste
processing and transfer site; and
WHEREAS, Grantor also issued to Grantee a Conservation Easement dated August
20, 1990, which was not recorded, but was delivered, and, by its terms, has expired; and
WHEREAS, Grantor and Grantee recognize that the original intended use of the
Property, to wit: Solid Waste Management Facilities, is no longer a feasible use of said
Property; and
WHEREAS, it is desired between the parties to establish a new Conservation
Easement, and to have the Conservation Easement document delivered to the Grantee and
recorded in the official records of Monroe County; and
WHEREAS, Section 704.06, Florida Statutes, permits the creation of Conservation
Easements for the purpose of retaining land or water areas of environmental significance;
and
WHEREAS, Grantor and Grantee recognize the scenic, natural, and aesthetic value of
the Property in its present state and have, by conveyance of a conservation easement to the
Grantee, the common purpose of conserving the natural values of the Property, preserving
the natural character of the Property, and preventing the use or development of the
Property for any purpose or in any manner which would conflict with the maintenance of the
Property in its natural condition except as otherwise provided within this Amended
Conservation Easement;
NOW, THEREFORE, the Grantor, for consideration of release from any obligations it
may have had under the Conservation Easement deed dated April 19, 1991, does hereby
freely give, grant, and convey unto the Grantee, its successors and assigns, a Conservation
Easement over the above-described Property, consisting of the following:
1. Use of the Property shall be limited to the following governmental and public
purposes, to wit: electric transformer substation, fire training facility, medical
examiners office, wastewater treatment plant, and passive recreation.
2. Improvements associated with the above referenced uses shall be located
primarily in areas of disturbed vegetation as follows:
(a) The electric transformer substation and fire training facility shall remain in the
locations where they exist as of the date of the granting of this easement, as
more particularly shown on the sketch of the Property, attached hereto as
Exhibit A.
(b) The medical examiner's office shall be located to the east of the fire training
facility as shown on the sketch of the Property, attached hereto as Exhibit A.
(c) The wastewater treatment plant shall be located to the west of the fire
training facility as shown on the sketch of the Property, attached hereto as
Exhibit A.
(d) Road, driveways, and parking necessary to support the improvements in
Paragraph 2.
3. Planning and design of the uses described in Paragraph 1 shall incorporate
measures to minimize the adverse impacts of lighting, noise, and traffic on the
natural environmental and the residential communities nearby.
4. Native- vegetation outside the improvement areas referenced in Paragraph 2
above shall not be disturbed. Disturbed areas outside the improvement areas
referenced in Paragraph 2 above shall be restored. Public non-motorized access
to the Property shall be maintained, however use of motorized vehicles outside of
designated driveways serving the uses in Paragraph 1 is prohibited.
5. Environmental assessments of any area proposed to be developed for any public
purpose shall be conducted prior to the proposed development and Grantor shall
comply with those safeguards required by state statute or regulation for the
protection and preservation of wildlife habitat, or mitigation.
6. The Grantor agrees that this Conservation Easement shall be recorded in the
official records of Monroe County.
7. In the event that a breach of these restrictions by the Grantor or by a third party
comes to the attention of the Grantee, the Grantee shall notify the Grantor in
writing of such breach. The Grantor shall have thirty (30) days after receipt of
such notice to undertake actions, including restoration of the premises that are
reasonably calculated to correct swiftly the conditions constituting such a breach.
If the Grantor fails to take such corrective action, the Grantee shall at its
discretion, undertake such actions as are reasonably necessary to effect such
corrections, including appropriate legal proceedings. The cost of such
corrections, including the Grantee's expenses, court costs and legal fees, shall be
paid by the Grantor, provided that the Grantor is determined to be responsible
for the breach.
8. Any notices required in this Conservation Easement shall be sent by registered or
certified mail, postage prepaid to the following addresses or such address as may
be hereafter specified by notice fn writing:
GRANTOR:
Monroe County
c/o Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
GRANTEE:
Monroe County Comprehensive Plan Land Authority
Harvey Government Center
1200 Truman Avenue
Key West, FL 33040
9. In the event any provision of this grant is determined by an appropriate court to
be void and unenforceable, all remaining terms shall remain valid and binding.
10. Any assignment of benefits by the Grantee or its successors must require the
transferee to carry out the purposes of this Conservation Easement.
11. The rights hereby granted shall be in addition to, and not in limitation of, any
other rights and remedies available to the Grantee for enforcement of this
Conservation Easement.
12. The obligations and responsibilities of Grantor under this Conservation Easement
shall be binding on its successors and assigns.
TO HAVE AND TO HOLD this Conservation Easement together with all and singular the
appurtenances and privileges belonging or in any way pertaining thereto, either in law or in
equity, either in possession or expectancy, for the proper use and benefit of the Grantee,
its successors and assigns, forever. ...,
IN WITNESS WHEREOF, the Grantor has caused its hand and seal to be affixed the date
and year first above written, and the Grantee has caused these presents to be signed in its
name by its Chairman the day and year first above written.
GRANTOR:
GRANTEE:
Monroe County
Board of County Commissioners
Monroe County
Comprehensive Plan Land Authority
By:
Dixie Spehar, Mayor
By:
David P. Rice, Chairman
(SEAL)
ATTEST: Danny L. Kolhage, Clerk
(SEAL)
ATTEST
By:
Deputy Clerk
By:
Mark J. Rosch, Executive Director
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Florida Keys Electrical Cooper;lf'V\c '.,,1) :';Iallon
Flrefighting Training Facility
EXisting Uses
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Proposed Uses
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Medical Examiner s FaClllly
Wastewater Treatmen' Planl
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