Item G07 G.7
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
January 18, 2023
Agenda Item Number: G.7
Agenda Item Summary #11585
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180
9:25 A.M. Land Authority
AGENDA ITEM WORDING: Approval of a resolution committing to release a portion of land
from an existing conservation easement upon recordation of a South Florida Water Management
District Deed of Conservation Easement with Third Party Rights to the US Army Corps of Engineers
and Land Authority upon completion of mitigation and restoration activities on 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 and authorization to proceed with habitat restoration and mitigation required by
South Florida Water Management District and United States Army Corp of Engineer permits.
ITEM BACKGROUND: The County has applied to the SFWMD and U.S. Army Corps of
Engineers (ALOE) for a permit as part of the Key West International Airport Commercial Apron
Project. The SFWMD will require that the County engage in an environmental restoration project in
mitigation of the Commercial Apron improvements. The mitigation project involves restoring
disturbed wetlands on land currently owned by the BOCC and encumbered by a Land Authority
conservation easement on Crawl Key.
The Airport Department of the County requested the Land Authority permit the restoration of the
subject site for mitigation and upon completion of the restoration, release the Land Authority
conservation easement for the portion of land being restored, in exchange for a simultaneous
recording of a SFWMD conservation easement, which provides third party beneficiary rights to the
Land Authority, as well as the ALOE.
This resolution allows restoration and mitigation activities on the Eastern Crawl Key site (see
attached map) and to release the Land Authority conservation easement after the restoration and
mitigation work is completed and the conservation easement from the SFWMD is finalized.
ADVISORY COMMITTEE ACTION: N/A
PREVIOUS RELEVANT GOVERNING BOARD ACTION: N/A
Packet Pg. 1925
G.7
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Airport Mitigation Easement Proposed Resolution (Revised)
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Christine Hurley Completed 12/27/2022 1:32 PM
Lindsey Ballard Completed 12/29/2022 8:50 AM
Board of County Commissioners Pending 01/18/2023 9:00 AM
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RESOLUTION NO. -2023
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A RESOLUTION BY THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY COMMITTING
TO RELEASE A PORTION OF LAND FROM AN EXISTING
CONSERVATION EASEMENT UPON RECORDATION OF A
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT DEED 0
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OF CONSERVATION EASEMENT WITH THIRD PARTY
RIGHTS TO THE US ARMY CORPS OF ENGINEERS AND
LAND AUTHORITY UPON COMPLETION OF MITIGATION
AND RESTORATION ACTIVITIES ON LOT 3 OF SECTION 26
IN T.65S., R.33E., AND LOT 1 OF SECTION 35 IN T.65S., 2
R.33E., KNOWN AS EASTERN CRAWL KEY, MONROE 0
COUNTY, FLORIDA AND AUTHORIZATION TO PROCEED
WITH HABITAT RESTORATION AND MITIGATION
REQUIRED BY SOUTH FLORIDA WATER MANAGEMENT E
DISTRICT AND UNITED STATES ARMY CORP OF
ENGINEER PERMITS. 2
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WHEREAS, on December 15, 2004, the Board of County Commissioners of Monroe
County, Florida (hereinafter"BOCC") executed that certain Amended Conservation Easement in
favor of the Monroe County Comprehensive Plan Land Authority ("Land Authority")recorded in
Official Records Book 2069,Page 200,Public Records of Monroe County,Florida(the"Amended
Conservation Easement") as shown in Exhibit A; and 0
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WHEREAS, prior to BOCC ownership, the natural condition of the subject property was
disturbed by the introduction of fill; and 0.
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WHEREAS, the County proposes to conduct restoration activities on a portion of the
subject property as mitigation for wetland impacts that will result from the Commercial Apron 0
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Project and other improvement projects at Key West International Airport; and W
WHEREAS, these mitigation activities are required by the project's permits from the
South Florida Water Management District (SFWMD) and the U.S. Army Corps of Engineers
(ACOE); and
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WHEREAS, as part of the project's permits, the SFWMD requires the BOCC to record a
Deed of Conservation Easement in place of the Amended Conservation Easement(the "SFWMD E
Easement"); and
WHEREAS, at the completion of the mitigation work required for the project, the Land
Authority will release the subject property as depicted on Exhibit B, attached hereto and
incorporated herein,from the Amended Conservation Easement simultaneously with the recording 0
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of the SFWMD Easement which provides third party beneficiary rights to the Land Authority and
ACOE; and
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WHEREAS, the SFWMD Easement will prohibit development activities on the subject U)
property except for the restoration activities required by the SFWMD and the ACOE of Engineers 2
permits and future maintenance; and 0
WHEREAS, notwithstanding the restrictions contained within the Land Authority
Conservation Easement, the BOCC has requested the MCLA to allow restoration and mitigation E
activities to be undertaken on the subject property;
NOW THEREFORE, BE IT RESOLVED THAT THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY HEREBY:
1. Commits to release the property depicted on Exhibit B, attached hereto and incorporated
herein, from the Amended Conservation Easement, upon completion of the restoration
required by the Commercial Apron Project, and recordation of a SFWMD Deed of
Conservation Easement, providing the Land Authority and ACOE as a third party
beneficiary. 0
2. Authorizes the BOCC to proceed with restoration and mitigation activities to the extent
such activities are required by SFWMD and ACOE permits. 0.
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3. This resolution shall take effect immediately upon its adoption.
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Signature Pages Immediately Following:
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PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regular meeting on this day of , 2023. E
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Commissioner Craig Cates
Commissioner Michelle Lincoln g
Commissioner James K. Scholl2.1
Commissioner Holly Raschein
Chairman David Rice 0
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(Seal)
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ATTEST: MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
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Christine Hurley David P. Rice
Executive Director Chairman E
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Approved as to form and legality 0
Gregory Oropeza,Esquire "
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EXHIBIT A
Doc# 1504420 03/22/2Oe5 3 48PM CNoc# 1504420 0
Filed & Recorded in official Records of Bk# 2!096 PqN 200
MONROE COUNTY DANNY L, KOLHIAGE
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AMENDED CONSERVATION EASEMENT U)
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A Coervation Easement is hereby granted and conveyed on the 'S day of
<, �=�......1 20 OY, by the Board of County Commissioners of Monroe County, Florida
(hereinafter referred to as"GRANTOR"), to the Monroe County Comprehensive Plan Land U)
Authority (hereinafter referred to as"GRANTEE"), in the following property (hereinafter 0
referred to as 'Property")-
Lot 3 of Section 26 in T.65S.,, R.331E., and Lot 1 of Section 35 in T.65S.,
R.33E., Iknown as Eastern Crawl Key, Monroe County, Florida. X
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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 Augiiust 0
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 E
Property; and E
WHEREAS, it is desired between the parties to establlish a new Conservation, 0
Easement, and to have the Conservation Easement document delivered to the Grantee and
recorded in the official records of Monroe County; and
WHEREAS, Section 7014.06, Florida Statutes, permits the creation of Conservation .2
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Easements for the purpose of retaining land or water areas of environmental significance; U)
and
WHEREAS, Grantor and Grantee recognize the sceniic, 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'
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Conservation Easement;
NOW, THEREFORE, the Grantor, for consideration of release from any obligations it 0
may have had under the Conservation Easement deed dated April 19, 1991, does hereby U)
freely give, grant, and convey unto the Grantee, its successors and assigns, a Conservation
Easement over the above-described Property, consisting of the following:
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1. Use of the Property shall be limited to the followings governmental and public CL
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purposes, to wit: electric transformer substation, fire trainingi 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: E
,(a)The electric transformer substation and fire training facility shall remain in, the U)
locations where they exist as of the date of the granting of this easement, as W
more particularly shown on the sketch of the Property, attached hereto as C
Exhibit A. .2
(b)The medical examiner's office shall be located to the east of the fire trainling,
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facility as shown on the sketch of the Property, attached hereto as Exhibit A.
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(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 0
Exhibit A. CL
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8k# 2096 Pg# 201 0
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(d) Road, driveways, and parking necessary to support the improvements in 0
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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 .2
natural environmental and the residential communities nearby.
4. Native vegetation outside the improvement areas referenced in Paragraph 2
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above shall not be disturbed. Disturbed areas outside the improvement areas a
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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 I is prohibited,
5. Environmental assessments of any area proposed to be developed for any public 2A
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purpose shall be conducted prior to the proposed development and Grantor shall
comply with those safeguards required by state statute or regulation for the U)
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. 0
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 shalll have thirty (30) days after receipt of E
such notice to undertake actions,, including restoration of the premises that are E
reasonably calculated to correct swiftly the conditions constituting such a breach. 0
If the Grantor fails to take such corrective action, the Grantee shall at its 9=
discretion, undertake such actions as are reasonably necessary to, effect such .2
corrections, including appropriate legal proceedings, The cost of such 0
corrections, including the Grantee's expenses,, court costs and legal fees, shall be U)
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 in writing:
GRANTOR, Monroe County
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c/o Office of the County Attorney
PO Box 1026 0
Key West, FL 33041-1026 U)
GRANTEE: Monroe County Comprehensive Plan Land Authority
Harvey Government Center U)
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1200 Truman Avenue CL
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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. E
10.Any assignment of benefits by the,Grantee or its successors must require the U)
transferee to carry out the purposes of this Conservation Easement. w
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.
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TO HAVE AND TO HOLD this Conservation Easement together with all and singular the
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appurtenances and privileges belonging or in any way pertaining thereto, either in law or in
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equity, either in, possession or expectancy, for the proper use and benefit of the Grantee, U)
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.
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GRANTOR: GRANTEE; 0
Monroe County Monroe County
Board of County Commissioners Comprehensive Plan Land Authority X
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By: By:
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Di#Speha'r, Ra"yVo David P. Rice, Chairman
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(SEAL,, (SEAL) E
ATTEST— Danny L. Kolhage, Clerk ATTEST 0
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By: By: U)
Deputy Clerk Mark 1. "h--,Executive Director
MONROE COUNTY ATTORNEY
PROVED AS OR
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SUZAN E H TTON
N a t' "'T ir
SISTA4T GUN &TORNEY
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Prepared bY: 0 U)
Suzanne Hutton M
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PO Box 1026 9=
Key West FL 33041 .2
FBN 336122
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Pg" 203 E
STATE OF FLORIDA 0
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COUNTY OF MONROE
I HEREBY CERTIFY that on this Zz",a day of 2005,
before me, an officer duly qualified to take acknowledgements, personally appeared DIXIE
SPEHAR, Mayor of the Monroe County Board of County Commissioners, to me known to be
the person described in and who executed the foregoing instrument and acknowledged U)
before me that he executed the, saime. Produced driver's license or is personally known to 0
me.
'Nofary Sic X
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Printed Notary Signature
My Commission Expires: 0
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MY COMMSS0ION#DO 2WS
SEAL
EXPlRU:Febnq7,2W8
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STATE OF FLORIDA E
COUNTY OF MONROE 0
I HEREBY CERTIFY March that on this 16th day of 21005, .0
before me, an officer duly qualified to take ackniowliedgements, personally appeared DAVID 2
P. RICE, Chairman of the Monroe County Comprehensive Plan Land Authority, to me known 0
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to be the person described in and who executed the foregoing instrument and acknowledged
before me that he executed the same. PFedueed dFiyef%44csn&e-or is personally known to
me.
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N y Not' r Sign' re
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My CommA"C0190W7 Kimberly A. Nystrom .2
EVWM APM,19,2007 Printed Notary Signature 0
My Commission Expires: April 19, 2007 U)
SEAL
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Bkti12096 Pg'# 204
The undersigned property owner hereby acknowledges and consents to the Amended
Conservation Easement.
Florida (Keys Aqueduct Authori
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Witness Signature Chairman 0
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tPrid;Signature
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Wl ess igin,atuire
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Priinted Signature
STATE OF FLORIDA
COUNTY OF MIONROE E
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I HEREBY CERTIFY that on this -1" day of 2005, �
before me, an officer duly qualified to take acknowledgements, perso ally appeared
e L , Ll ° ,-,- , Chairman of the Florida Keys Aqueduct Authority, to True
known Ito be the person described in and who executed the foregoing instrument and 0
acknowledged before me that he executed the same. Produced driver's license or is
personally known to me,
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Notary Signature
Printed Notary Signature
My Commission Expires-,
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SEAL " �V MV Win+COMMON
Spwow 10.200 U)
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Bk# 2096 Pgq 205
The undersigned property owner (hereby acknowledges and consents to the Amended
Conservation Easement.
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Florida Keys Electric:Cooperative
Association, Inc.
Witness Signature Tirn y plan , Chief Executive Officer
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Printed' Signature
kidWe`ss Signature 0
Printed Signature
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STATE OF FLORIDA 0
COUNTY OF MCNROE cs
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I HEREBY CERTIFY that on this day of �� , 2005
before me, an officer duly qualified to take acicnowlled em nts, persont
ppeared 0
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TIMOTHY PLANER, Chief Executive Officer of the Fllori eys Electriperative
Association, Inc., to me wn to be the person describe in and Whoted the
foregoing instrumen owledgetae�re me that he executed the same. Produced
driver's license or is ersonally known to me. A
Signature
Printed Notary Signature U)
My Commission Expires:
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IDcop 150440 0
Bk# 2096 PO 206 EXHIBIT A
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Existing loses: 1'. Florida(Keys Electrical Cooperative Sub-Station
2. Firefighting Training Facility
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Proposed Uses: 1. Medical Examiner's Facility rlore AocalJo ns or proposed uses are W marvel to felled me a aoa
2. WastewaW Treatment Plant s ze or oaraWn,bul raIlher deep a the general waaraaar of
pro .
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DATE: SHEET NO.
October 22,2004 CRAWL KEY
DES/DR
EaSlGjbw MONROE COUNTY
NEZQItCT: OFFICIAL RECORDS ry cs
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