Item J3
lAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: May 18, 2005
Division: Land Authority
Bulk Item: Yes No l
Staff Contact Person: Mark Rosch
Agenda Item Wording: Approval of an interlocal agreement with the City of Key West concerning the
purchase of a conservation easement on the Key West Botanical Garden Addition property.
Item Background: The City of Key West has entered into a contract with the BOCC to purchase the
former site of the Public Service Building on Stock Island for $4,500,000. The property is slated to be
developed as the Key West Botanical Garden Addition. The City proposes to finance the purchase
with a $3,375,000 (75%) grant from the Florida Communities Trust. The City requests that the Land
Authority provide the $1,125,000 (25%) local match funds. In order to participate in the transaction, the
Land Authority must acquire an interest in the property. The proposed interlocal agreement between
the City and the Land Authority specifies that in consideration for the Land Authority's contribution of
up to $1,125,000 toward the total purchase price, the City will grant to the Land Authority a
conservation easement limiting future development of the property to an addition of the Key West
Botanical Garden providing public access, public recreation, and wildlife habitat consistent with the
Florida Communities Trust grant award agreement.
Advisory Committee Action: On April 27, 2005 the Committee voted 4/0 to approve the agreement.
Previous Governing Board Action: On June 9, 1999 the Board entered into a similar interlocal
agreement with the City concerning the purchase of the Berg property. On March 16, 2005 the Board
added the subject property to the Land Authority Acquisition List.
Contract/Agreement Changes: None.
Staff Recommendation: Approval.
Total Cost: $1,125,586.50
Budgeted: Yes -L No
Cost to Land Authority: $1,125,586.50
Source of Funds: Land Authority
(Tourist Impact Tax collected within Key West)
Approved By: Attorney -L County Land Steward _'
Executive Director Approval: ^^1 \
' GM~Ch
Documentation: Included:-L
To Follow:
Not Required:
Disposition:
Agenda Item
Property
5100 College Road
Stock Island
RE #00072080-001800
(Monroe County BaCC)
Interlocal Agreement and Conservation Easement
05/18/05
Envr. Audit, Survey,
Purchase Appraisals or
Clean-up
$1,125,000,00 N/A
Title
Insurance
N/A
Attorney
Fee
$500,00
Recording
Fee
$86,50
Acquisition
Total
$1,125,586,50
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is entered into this day of ,2005,
by and between the Monroe County Comprehensive Plan Land Authority, a land authority
pursuant to Section 380.0663(1), Florida Statutes, (hereinafter "Land Authority") and the City of
Key West, a municipal corporation existing under the laws of Florida (hereinafter "City"), in order
to establish mutual agreements regarding the Land Authority's participation in the City's
purchase of the Key West Botanical Garden Addition property ("hereinafter "KWBGA property")
from Monroe County.
WHEREAS, the KWBGA property consists of approximately 4.3 acres of the property located at
5100 College Road on Stock Island, formerly developed with the Public Service Building, and
approximately described in Exhibit A; and
WHEREAS, the City received a grant from the Florida Communities Trust, FCT Project #03-
034-FF3, to purchase the KWBGA property from Monroe County; and
WHEREAS, the City adopted Resolution 05-082 nominating the KWBGA property for partial
acquisition by the Land Authority and requesting that the Land Authority contribute $1,125,000
toward said purchase; and
WHEREAS, the City adopted Resolution 05-098 approving a contract to purchase the KWBGA
property from Monroe County; and
NOW THEREFORE, the Land Authority and the City do hereby agree as follows:
1) The Land Authority shall pay the Florida Communities Trust 25% local match requirement in
an amount up to $1,125,000.00 at closing toward the City's purchase of the KWBGA
property, contingent upon the Land Authority's counsel confirming Monroe County will be
conveying good and marketable fee simple title to the City.
2) The parties agree that the legal description in Exhibit A is an approximation and will be
replaced at closing with the same legal description to be referenced in the Monroe County's
deed to the City of Key West.
3) As consideration for the Land Authority's payment, the City shall execute at closing the
Grant of Conservation Easement in favor of the Land Authority shown as Exhibit B.
Page 1 of 2
4) The representations made herein shall survive the closing of the purchase referred to
hereinabove.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their officials thereto duly authorized.
Monroe County Comprehensive
Plan Land Authority
City of Key West
By:
David P. Rice, Chairman
By:
Jimmy Weekley, Mayor
Date:
Date:
Attest:
Mark J. Rosch, Exec. Director
Attest:
Cheryl Smith, City Clerk
Approved for Legal Sufficiency:
Approved for Legal Sufficiency:
By:
Larry R. Erskine
By:
Robert Tischenkel
Page 2 of 2
EXlllBIT "A"
Lee:al Description
A portion of Govemment Lot 1 ofScction 34, To\\nship 67 South, Range 25 East, Monroe County, Florida.
A survey as defmed in Paragraph 5 will be required to dctcrmine the final adjusted acrcage for the parcel prior to closing.
January 7, 2005
03-034-FF3
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'Public Service Building
Property
Legal Description;
Prepared by undersinged:
Being 0 port of land locoted on Stock Island, Monroe County, Florida and
being more particularly described os 'follows:
Beginning at coordinates of which are N 87,268.27 and E 407,559.07, based
on the United States Coasl and Geodetic Survey's Mercator Grid Coordinate
System, Florida East Zone, 1983, which has for its zero coodinates 0 point
at Latitude 24'20'00" .North and 500.000 feet West at longitude 81'00'00 ",
said point being the intersection of the Eosterly Righi-at-Way Cne of Junior
College Rood and the Northerly Right-of-Way Line of U.S. Highway No. 1
(State Road No.5), at the Westerly end of Junior College Road: : thence
N.70'40'03"E., along the said Northerly Right-at-Way Line of U.S, Highway
No.1 0 distance of 21.39 teet: lhence N.04'20'14"W., a' distance of 784.40
teet; thence S.89'21'03"W., 0 distance of 111.41 feet; thence S.58'OS'53"W..
o distance of 304.38 feet; thence S.34'13'10"E., 0 distance of 35.93 feet:
thence S.40'13'12"W., a distance of 143.60 teet 10 lhe said Easterly
Right-at-Way Line of Junior College Rood; thence S.39'47'17"E., 0 distance
of 135.59 feet to the point of curvature of 0 curve to the left, having: 0
radius of 361.02 feet, 0 centrol angle of 14'25'40", 0 chord bearing of S 47'
00'07"E. and 0 chord length of 90.67 feet: thence along the orc of said
curve, on ore length of 90.91 teet to the point of tangency of said curve;
. thence 5.54"2'57"E., a distance of 272.56 feet to the point of curvoture of
o curve to the right, having: a rodius of 265,00 feet, 0 central angle of 3.5'
06'00", 0 chord bearing of 5.36'39'58"E. and 0 chord length ot 159.82 feet,
thence along the orc of said curve, on' orc length of 162'.34 feet to the
.point of tangency of soid' curve: thence S.19'06'58"E., a distance of 36.16
feet to the Point of Beginning,; ,
Parcel contains 2090.36 square feel or '4.80, acres, more 'Or" Jess.
LEGEND
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West (0)
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RE 72080-00/800
Tract 2
(Pro/ect No. Fla. 8-906-1]
OR C56; Page 58
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//7qress/Egress &' Uii/ily Eosemel7i
017 RF 72080-001800
Siock /S/O/7o; F/or/do
This sketch 07 legol descnptio/7 is 70r Illustrotive
purposes 0/7(y. This is /7ot 0 survey.
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MONROE COUNTY PUBLIC WORKS
ENGINEERING DEPARTMENT
10600 AVIATION BOULEVARD
MARATHON, FLORIDA 33050
305 289-6074
FIELD
WORK: 12-01-03
FIELD
BOOK: 02-03
TOWNSHIP South
67
RANGE
25 East
SECTION
34
COUNTY
Monroe
DATE:
02-06-04
SCALE
1" 100'
DRAWN BY:
J. Wilder
CHECKED BY:
J. Wilder
DWG. NAME:
pslondsidwg
SHEET
2
OF
5
IngresslEgress and Utility Easement
On RE 72080-001800
Stock Island, Florida
The following legal description describes a parcel of land located on Stock Island in
Government Lot 1 of Section 34, Township 67 South, Range 25 East to be retained as an
ingress/egress and utility easement by Monroe County. Said parcel of land also being a
portion of Tract 2 (Project No. Fla.8-906-F) as described in OR G-56, Page 58 found on
record in the Clerk's Office of Monroe County, Florida and being more particularly
described as follows: Commencing at the point of intersection of the centerline of the
former Florida East Coast Railway main track extended southwesterly from Stock Island
with the centerline of Roosevelt Boulevard on the island of Key West; thence N 710 19'
E along the centerline of the former Florida East Coast Railway main track a distance of
1607.24 feet; thence N 4006'41" W a distance of 181.44 feet; thence continue N
4006'41" W a distance of 707.86 feet; thence West a distance of 111.49 feet; thence S
58044'50" W a distance of305.40 feet; thence S 54030'16" E a distance of32.23 feet to
the Point of Beginning of an ingress/egress and utility easement to be retained by Monroe
County; thence S 54030' 16" E a distance of 44.84 feet; thence S 35029'44" W a distance
of203.22 feet; thence N 38043'21" W a distance of64.19 feet; thence N 40042'13" E a
distance of 186.53 feet to the Point of Beginning, containing 0.240 acres more or less.
LEGEND
"w (0)
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5B"44 (C)
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50 .
West (0)
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RF 72080-001800
Trael 2
(Pro/eel No. Flo. 8-906-1)
OR. C56; Page 58
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P.O.C. - Point of Commencement
D - Deed
C - Calculated
O.R. - Original Record
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Properly Retoined /or Boyshore Monor
on RF 72080-001800
Stock /5/0170; F/ondo
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purposes on(y. This is not 0 survey
100 0 100 200
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MONROE COUNTY PUBLIC WORKS
ENGINEERING DEPARTMENT
10600 AVIATION BOULEVARD
MARATHON, FLORIDA 33050
305 - 289 6074
FIELD
WORK:
FIELD
BOOK'
TOWNSHIP
12-01-03
DATE:
02-06-04
02-03
SCALE:
1" = 100'
67 South
DRAWN BY:
J. Wilder
RANGE
25 East
CHECKED BY:
J. Wilder
SECTION
34
DWG. NAME:
pslandsi dwg
COUNTY
Monroe
SHEET
OF 5
Property Retained for Bayshore Manor
On RE 72080-001800
Stock Island, Florida
The following legal description describes a parcel ofland located on Stock Island in
Government Lot I of Section 34, Township 67 South, Range 25 East to be retained by
Monroe County for the benefit of Bayshore Manor eRE 72080-002000). Said parcel of
land also being a portion of Tract 2 (Project No. Fla.8-906-F) as described in OR G-56,
Page 58 found on record in the Clerk's Office of Monroe County, Florida and being more
particularly described as follows: Commencing at the point of intersection of the
centerline of the former Florida East Coast Railway main track extended southwesterly
from Stock Island with the centerline of Roosevelt Boulevard on the island of Key West;
thence N 710 19' E along the centerline of the former Florida East Coast Railway main
track a distance of 1607.24 feet; thence N 4006'41" W a distance of 181.44 feet; thence
continue N 4006'41" W a distance of707.86 feet; thence West a distance of 111.49 feet;
thence S 58044'50" W a distance of305.40 feet to the Point of Beginning of a tract of
land to be retained by Monroe County; thence S 54030' 16" E a distance of 32.23 feet;
thence S 40042' 13" W a distance of 186.53 feet; thence N 38043 '21" W a distance of
88.14 feet; thence N 58044'50" E a distance of 176,09 feet to the Point of Beginning,
containing 0.245 acres more or less.
Exhibit B
GRANT OF CONSERVATION EASEMENT
THIS GRANT OF EASEMENT is made on this day of , 20_, by
the City of Key West, a municipal corporation existing under the laws of Florida, 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, Florida 33040, as Grantee.
Recitals
A) The Grantor is the owner of certain real property (the servient estate) located in Monroe
County, Florida, known as the Key West Botanical Garden Addition property located at 5100
College Road on Stock Island and 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. Grant 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. Easement area.
The location of the easement area on the servient estate is as follows: all of the Key
West Botanical Garden Addition property located at 5100 College Road on Stock Island
and more particularly described in Exhibit A.
3. 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: use of the property
shall be limited to development as an addition to the Key West Botanical Garden
providing public access, public recreation, and wildlife habitat consistent with those
restrictions in the Grant Award Agreement between the City of Key West and Florida
Communities Trust as recorded in Official Record Book , Page , Public
Records of Monroe County, Florida.
4. Terms and persons bound.
This conservation easement is perpetual, subject to Recital B.9., runs with the land and
is binding on all present and subsequent owners 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.
5. Modification of easement.
No modification of this easement is binding unless approved in writing by Florida
Communities Trust, evidenced in writing and signed by an authorized representative of
the Grantee and Grantor.
Page 1 of 2
6. Attorney's fees.
In the event of any controversy, claim or dispute anslng under this instrument, the
prevailing party shall be entitled to recover reasonable attorney's fees and costs,
including appeals.
7. Entry of 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.
8. 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.
9. Termination of easement.
In the event the Board of Trustees of the Internal Improvement Trust Fund takes title to
the servient estate pursuant to sections 380.508(4)(d) or (e), Florida Statutes, this
easement shall be terminated.
IN WITNESS WHEREOF, Grantor of this Grant of Easement has caused it to be executed on
the date in the first sentence of this Grant of Easement.
City of Key West
Witness
By: Jimmy Weekley, Mayor
Witness
SWORN TO AND SUBSCRIBED before me this
20_, by
to me or has produced
identification.
day of ,
, who is personally known
as
Notary Public, State of
Page 2 of 2