Item I4
LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: December 15, 2004
Bulk Item: Yes No l
Department: Land Authority
Agenda Item Wording: Approval to accept an amended conservation easement on Crawl Key from
Monroe County.
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 as vague and overly broad.
Instead, the Committee recommends a compromise amendment limiting use of the property to specific
facilities (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 now being forwarded to the Board for approval.
Advisory Committee Action: On October 28,2004 the Committee revised the amended conservation
easement and voted 5/0 to approve it.
Previous Governing Board Action: In 1991 the Board accepted the conservation easement. On
September 21, 2004, sitting as the BOCC, the Board approved Resolution 341-2004 and proposed
amending the easement.
Contract/Agreement Changes: Scope of use, location of development, construction design,
environmental/restoration requirements, and public access requirements. (See attached summary).
Recommendation: Approval to accept the amended easement, as revised by the Advisory
Committee.
Total Cost:
N/A
Budgeted: Yes _ No
Cost to Land Authority: N/A
Source of Funds:
Approved By: AttorneY-2L-
Executive Director Approval:
County Land Steward _'
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Documentation: Included: ~
To Follow:
Not Required:
Disposition:
Agenda Item LA #4
Summary of Proposed Changes
Existing
Conservation Easement
Proposed
Conservation Easement
(as revised by Land Authority Advisory Committee)
Property Uses
Property Uses
. Limits use of the property to solid waste
management and septage treatment
facilities.
· Limits use of the property to electric
transformer substation, fire training
facility, medical examiner's office,
wastewater treatment plant, and passive
recreation.
Location of Development
Location of Development
. No location requirements for
development.
· Restricts the location of development to
specified areas.
Construction Desion
Construction Desion
· No construction design requirements.
· Requires construction designs that
minimize adverse impacts of lighting,
noise, and traffic.
Environmental Protection
Environmental Protection
. No protections for native vegetation
beyond those already required by law.
· No restoration requirements.
· No restrictions on motorized vehicles.
· Prohibits the disturbance of native
vegetation outside designated
development areas.
· Requires restoration of disturbed areas
outside of designated development
areas.
· Prohibits motorized vehicles outside of
designated development areas.
Public Access
Public Access
. No public access requirements.
· Preserves public access.
AMENDED CONSERVATION EASEMENT
(as revised by the Land Authority Advisory Committee)
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
examiner's 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 i'n 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:
By:
David P. Rice, Chairman
Dixie Spehar, Mayor
(SEAL)
ATTEST: Danny L. Kolhage, Clerk
(SEAL)
ATTEST
By:
By:
Deputy Clerk
Mark J. Rosch, Executive Director
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EXisting Uses
ProposelJ Uses
Florida Keys Electrical CooperativE: 'or Siat",,!
Flrefighting Training Facility
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Medical Examiners Facility
Wastewater Treatment Plant
CRAWL KEY
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Board of County Commissioners
RESOLUTION NO. 341 -2004
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA REQUESTING AMENDED
CONSERVATION EASEMENT BE ACCEPTED BY MONROE
COUNTY LAND AUTHORITY.
WHEREAS, Grantor previously granted, on April 19, 1991, a Conservation
Easement deed to Grantee, but did not record said document in the Official Records
of Monroe County, Florida; 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 Fadlities, 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 be 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, the property, although previously scarified and excavated in
part, does contain natural and revegetatecl areas which it is desired to preserve;
now, therefore,
BE IT RESOLVED by the BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY that:
1. The MONROE COUNTY LAND AUTHORITY is hereby requested to accept for
recordation an AMENDED CONSERVATION EASEMENT, a copy of which is
attached hereto as Exhibit A and incorporated herein by reference.
2. The AMENDED CONSERVATION EASEMENT shall operate to release from any
obligations the County may have had under the Conservation Easement deed
dated April 19, 1991, and establishes new obligations to protect and
conserve the environment in keeping with State environmental laws and
allow reasonable use of such portions of said property as may be developed
for public purposes under said laws.
3. The AMENDED CONSERVATION EASEMENT shall be in the following 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 21st day of
September, 2004.
Mayor Nelson
Mayor Pro Tem Rice
~~~r McCoy
/~~~eric!t!ieugent
," " C&mmisSlbner Spehar
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A~St: DAflNY LKOUi~GE, Clerk
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Deputy Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By /J~:r Pro Tem
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AMENDED CONSERVATION EASEMENT
A Conservation Easement is hereby granted and conveyed on the 15th day of September,
2004, by the Board of County Commissioners of !'1onroe County, Florida (hereinafter referred to
as "GRANTOR"), to the Monroe County land Authority (hereinafter referred to as "GRANTEE"), in
the following 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, but did not record it; 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, the property, although previously scarified and excavated in part, does contain
natural and revegetated areas which it Is desired to preserve;
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 parcel, consisting of the following:
1. The parcel shall be used for governmental and other public purposes.
2. Fringing mangroves and existing wetlands on the above-described property shall not
be disturbed except as provided by law. This provision allows, for example, for
maintenance as permissible under state statute and regulations, and permitted
removal upon meeting appropriate permit conditions.
3. 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.
4. The Grantor expressly reserves for the County of Monroe the right to continue the use
of the property for all purposes not inconsistent with this Conservation Easement.
5. The Grantor agrees that this Conservation Easement shall be recorded in the official
records of Monroe County.
6. 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 falls to take
such corrective action, the Grantee shall at Its discretion, undertake such actions as
are reasonably necessary to effect such corrections, induding appropriate legal
EXHIBIT A
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.
7. 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 in writing:
GRANTOR: Monroe County
C/o Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
GRANTEE: Monroe County Land Authority
Harvey Government Center
1200 Truman Avenue
Key West, Fl 33040
8. 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.
9. Any assignment of benefits by the Grantee or its successors must require the
transferee to carry out the purposes of this Conservation Easement.
10. 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.
11. 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.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
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MAYOR PRO TEM
Monroe County land Authority
By
David P. Rice, Chair
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683039
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CONSERVATION EASEMENT DEED
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A CONSERVATION EASEMENT is hereby granted and conveyed on
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Commissioners of Monroe County. Florida. (hereinafter referred to
as GRANTOR) t(, che Monroe County Land Authority (hox-eina!ter
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referred to a8 GRANTEE). for and in consideration of $1 and other
valuable considerations in hand paid. in the following propertYl
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Lot 3 of Section 26 in T.65S.. R.33E.. and Lot I of
Section 35 in T.65S.. R.33E.. known .s Eastern Crawl
Key. Monroe Cocnty. Florida.
GRANTOR has. through etIllnent domain proceedings. obtained
fee simple title to the above-described real property located in
Monroe County. Florida,
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The property has scenic. natural and aesthetic valu~}n lts ~
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present state as a natural area which has not been subJect:; to
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development or exploitation.
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The GRANTOR is willint to grant a conservation easement over
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the property. thereby restricting and limiting the use of the
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land and contiguous water area3 of the property. on the terms and
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conditions and for the purposes hereinafter seC forth.
The GRANTOR and GRANTEE recognize the scenic. natural. and
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aesthetic value of the p~operty in its present state and have. by
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the 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
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the use or development of the property for any purpose or in any
manner which would conflict with the ~intenance of the property
in its natural condition except as otherwise provided within the
conservation easement deed,
THEREFORE, in consideration of the receipt of fundin~ to
ar.quire fee simple title to the :!bove-described propt;rty, t~e
receipt of which is bereby acknowledged, GRANTOR hereby grants
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and conveys unto the GRANTEE and its successors in perpetuity an
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interest and conservation easement of the nature and character to
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the extent set forth, in respect to the lands of the GRANTOR
located in Monroe County which are described above.
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The terms, conditions and restrictions of the conservation
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easement are as set forth, pursuant to Florida Statute Section
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1. The Crawl Key property described above shall be
used solely for solid waste managenent facilities.
2. The solid waste processing facilities shall be
under a roof, shall include a septage treatment
facility, and shall be consistent with the most
environmentally safe contemporary technologies.
3. No incinerator sball be constructed on thg abuve-
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described property.
4. Disposal of solid waste shall be restricted to
inert landfill on the above-described property.
5. Existing borrow pits IIISY be used for storage of
clean construction debris.
6. The fringing mangroves and existing wetlands on the
above-described property shall not be disturbed except
as provided by lsw.
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The GRANTOR expressly reserves for the County of Monroe the
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right to continue the use of the property for All purposes not
inconsistent with this conservation easement.
The GRANTOR agrees'that the terma, conditions, restrictions
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and purposes of this conservation easement will be inserted in
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simple title to or of its posseSllory interest tn the subject
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TO HAVE AND TO HOLD unto tbe Monroe County Land Authority
and the Board of County Commissioners of Monroe County, Florida,
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to tbe use of tbe GRANTEE, its successors and assigns forever.
The covenants agreed to and the terma, conditions, restrictions
and purposes imposed as aforesaid shall not only be binding upon
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the GRANTOR but also its agents, personal representatives and
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assigns and all other suc:oessors to its interest, and shall
continue as a servitude running in perpetuity with tbe
above-described land.
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IN WITNESS WHEREOF, the GRANTOR bas hereunto set the
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signatures and seals of the appropriate officials on tbe::day~Jn~'
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year above written.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Attest: D~ ,~~~di~~
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DANNY l KOlHAaE
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