Item A3 A3
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
SPECIAL AIRPORTS MEETING Meeting
March 7, 2024
Agenda Item Number: A3
2023-2219
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Pedro Mercado
N/A
AGENDA ITEM WORDING: Approval and delegation of authority to the Mayor to execute the
grant of conservation easement, as approved by the County Attorney's Office, to the South Florida
Water Management District with third party enforcement rights to the U.S. Army Corps of Engineers
and the Monroe County Comprehensive Plan Land authority pursuant to permitting requirements for the
Commercial Apron project at Key West International Airport.
ITEM BACKGROUND:
The Monroe County airport has several airport improvement programs scheduled and/or underway. One
of those improvements is to enlarge the Commercial aircraft apron. Staff has been working for the last
several years with the airports general, as well as environmental, consultants to obtain the necessary
permitting from the South Florida Water Management District and the U.S. Army Corps of Engineers
and anticipates issuance of the permit is imminent. Staff is recommending delegation of authority to the
Mayor to execute the easement upon final review and editing, if necessary, by the County Attorneys
Office.
PREVIOUS RELEVANT BOCC ACTION:
Approved Resolution 519-2022 expressing the county's commitment to provide conservation easements
as part of the commercial apron and mitigation project at the December 7, 2022 regularly scheduled
BOCC meeting.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
39
Conservation Easement - Commercial Apron - SFWMD with 3rd party beneficiary rights to USAGE
and MCLA March 2024 (2).pdf
Commercial Apron - Conservation committment Resolution 519-2022.pdf
FINANCIAL IMPACT:
40
Prepared by:
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Return original or certified recorded document to:
South Florida Water Management District
33301 Gun Club Rd.
West Palm Beach, FL 33406
Deed of Conservation Easement
Third Party Beneficiary Rights to the
U.S.ArmyCorpsofEngineers and
Monroe County Land Management Authority
THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement') is given this
day of , 2024, by Monroe County Board of County Commissioners ("Grantor")
whose mailing address is 1100 Simonton Street, Suite 205, Key West, FL 33040 to the South Florida
Water Management District ("Grantee") with third party enforcement rights to the U.S. Army Corps of
Engineers ("Corps") ("First Third Party Beneficiary") and Monroe County Comprehensive Plan Land
Management Authority ("Second Third Party Beneficiary"). As used herein,the term"Grantor"shall include
any and all heirs, successors, or assigns of the Grantor, and all subsequent owners of the "Conservation
Easement Area" (as hereinafter defined); the term "Grantee" shall include any successor or assignee of
Grantee; and the term "Third Party Beneficiary" shall include any successor or assignee of the Third-Party
Beneficiaries.
WITNESSETH
WHEREAS,the Grantor is the fee simple owner of certain lands situated in Monroe County,Florida,
and more specifically depicted on the location map in Exhibit"A"attached hereto and incorporated herein (the
"Property");and
WHEREAS, Permit No. ("Permit") and any modifications thereto issued by the
Grantee authorizes certain activities which could affect wetlands or other surface waters in or of the State
of Florida; and
WHEREAS, the U.S. Army Corps of Engineers Permit No. ("Corps Permit')
authorizes certain activities in the waters of the United States and requires this site protection instrument
over the lands identified in Exhibit B as mitigation for such activities;
WHEREAS, the Grantor, in consideration of the consent granted by the Permit or other good and
valuable consideration provided to Grantor, is agreeable to granting and securing to the Grantee a perpetual
Conservation Easement as defined in Section 704.06, Florida Statutes (F.S.), over the area of the Property
described on Exhibit"B"("Conservation Easement Area");and
WHEREAS,Grantor grants this Conservation Easement as a condition of the Permit,solely to off-set
Form 62-330.301(13)—Deed of Conservation Easement—Third Party Beneficiary Rights to the U.S.Army Corps of Engineers
Incorporated by reference in paragraph 62-330.301(6)(f), F.A.C.(June 1,2018) Page 9 of 9
41
or prevent adverse impacts to natural resources,fish and wildlife,and wetland functions;and
WHEREAS,Grantor desires to preserve the Conservation Easement Area in perpetuity in its natural
condition,or, in accordance with the Permit,in an enhanced,restored,or created condition;and
NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the
permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and
valuable consideration provided to the Grantor, the adequacy and receipt of which are hereby
acknowledged, Grantor hereby voluntarily grants, creates, conveys, and establishes a perpetual
Conservation Easement for and in favor of the Grantee upon the Conservation Easement Area which shall
run with the land and be binding upon the Grantor, and shall remain in full force and effect forever.
The scope, nature, and character of this Conservation Easement shall be as follows:
1. Recitals.The recitals hereinabove set forth are true and correct and are hereby incorporated
into and made a part of this Conservation Easement.
2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in their
existing, natural, vegetative, hydrologic, scenic, open, or wooded condition and to retain such areas as suitable
habitat for fish, plants, or wildlife in accordance with Section 704.06, F.S. Those wetland and upland areas
included in this Conservation Easement which are to be preserved, enhanced, restored, or created
pursuant to the Permit (or any modification thereto), shall be retained and maintained in the preserved,
enhanced, restored, or created condition required by the Permit (or any modification thereto).
To carry out this purpose,the following rights are conveyed to Grantee by this Conservation Easement:
a. To enter upon the Conservation Easement Area at reasonable times with any necessary
equipment or vehicles to inspect, determine compliance with the covenants and prohibitions contained in this
Conservation Easement, and to enforce the rights herein granted in a manner that will not unreasonably
interfere with the use and quiet enjoyment of the Conservation Easement Area by Grantor at the time of such
entry; and
b. To proceed at law or in equity to enforce the provision of this Conservation Easement
and the covenants set forth herein, to prevent the occurrence of any of the prohibited activities set forth
herein, and to require the restoration of such areas or features of the Conservation Easement Area that
may be damaged by any activity or use that is inconsistent with this Conservation Easement.
3. Prohibited Uses. Except for activities that are permitted or required by the Permit (or any
modification thereto) (which may include restoration, creation, enhancement, maintenance, monitoring
activities, or surface water management improvements) or other activities described herein or in the
Management Plan (if any), any activity on or use of the Conservation Easement Area inconsistent with the
purpose of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the
following activities are expressly prohibited in or on the Conservation Easement Area (except as authorized
or required by the Permit (or any modification thereof) or in a Management Plan which has been approved
in writing by the Grantee):
a. Construction or placing of buildings, roads, signs, billboards or other advertising,
utilities,or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill,or dumping or placing
of trash,waste,or unsightly or offensive materials;
C. Removing,destroying or trimming trees,shrubs,or other vegetation, except:
i. The removal of dead trees and shrubs or leaning trees that could cause
damage to property is authorized;
Form 62-330.301(13)—Deed of Conservation Easement—Third Party Beneficiary Rights to the U.S.Army Corps of Engineers
Incorporated by reference in paragraph 62-330.301(6)(f), F.A.C.(June 1,2018) Page 10 of
42
ii. The destruction and removal of noxious, nuisance or exotic invasive plant
species as listed on the most recent Florida Exotic Pest Plant Council's List of Invasive Species is authorized;
iii. Activities authorized by the Permit or described in the Management Plan or
otherwise approved in writing by the Grantee are authorized;and
iv. Activities conducted in accordance with a wildfire mitigation plan developed
with the Florida Forest Service that has been approved in writing by the Grantee are authorized. No later than
thirty(30) days before commencing any activities to implement the approved wildfire mitigation plan, Grantor
shall notify the Grantee in writing of its intent to commence such activities. All such activities may only be
completed during the time period for which the Grantee approved the plan;
d. Excavation, dredging, or removal of loam, peat, gravel,soil, rock, or other material
substance in such manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to remain in its
natural, restored, enhanced,or created condition;
f. Activities detrimental to drainage, flood control,water conservation, erosion control,
soil conservation, or fish and wildlife habitat preservation including, but not limited to,ditching,diking, clearing,
and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or water areas;and
h. Acts or uses which are detrimental to the preservation of the structural integrity or
physical appearance of sites or properties having historical,archaeological,or cultural significance.
4. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Conservation
Easement Area, including the right to engage or to permit or invite others to engage in all uses of the
Conservation Easement Area that are not prohibited herein and which are not inconsistent with the Permit
(or any modification thereto),Management Plan,or the intent and purposes of this Conservation Easement.
5. Rights of the U.S. Army Corps of Engineers ("Corps") and the Monroe County
Comprehensive Plan Land Management Authority (MCLMA). The Corps, and, the MCLMA, as third-
party beneficiaries, shall have the right to enforce the terms and conditions of this Conservation
Easement, including:
a. The right to take action to preserve and protect the environmental value of the
Conservation Easement Area;
b. The right to prevent any activity on or use of the Conservation Easement Area that is
inconsistent with the purpose of this Conservation Easement, and to require the restoration of areas or
features of the Conservation Easement Area that may be damaged by any inconsistent activity or use;
C. The right to enter upon and inspect the Conservation Easement Area in a reasonable
manner and at reasonable times to determine if Grantor or its successors and assigns are complying with
the covenants and prohibitions contained in this Conservation Easement; and
d. The right to enforce this Conservation Easement by injunction or proceed at law or in
equity to enforce the provisions of this Conservation Easement and the covenants set forth herein, to
prevent the occurrence of any of the prohibited activities set forth herein, and the right to require Grantor,
or its successors or assigns, to restore such areas or features of the Conservation Easement Area that may
be damaged by any inconsistent activity or use or unauthorized activities.
The Grantor, including their successors or assigns, shall provide the Corps at least 60 days
advance notice in writing before any action is taken to amend, alter, release, or revoke this Conservation
Easement. The Grantee shall provide reasonable notice and an opportunity to comment or object to the
release or amendment to the Corps. The Grantee shall consider any comments or objections from the
Form 62-330.301(13)—Deed of Conservation Easement—Third Party Beneficiary Rights to the U.S.Army Corps of Engineers
Incorporated by reference in paragraph 62-330.301(6)(f), F.A.C.(June 1,2018) Page 11 of
43
Corps when making the final decision to release or amend this Conservation Easement.
6. No Dedication. No right of access by the general public to any portion of the Conservation
Easement Area is conveyed by this Conservation Easement.
7. Grantee's and Third-Party Beneficiary's Liability. Grantee's liability is limited as
provided in Sections 704.06(10) and 768.28, F.S. Additionally, Grantee and Third-Party Beneficiaries shall
not be responsible for any costs or liabilities related to the operation, upkeep, or maintenance of the
Conservation Easement Area.
8. Enforcement. Enforcement of the terms, provisions, and restrictions of this Conservation
Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to
exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed
to be a waiver of Grantee's rights hereunder. Grantee shall not be obligated to Grantor, or to any other
person or entity, to enforce the provisions of this Conservation Easement.
9. Third Party Beneficiary's Enforcement Rights. The Third-Party Beneficiaries of this
Conservation Easement shall have all the rights of the Grantee under this Conservation Easement,
including third party enforcement rights of the terms, provisions, and restrictions of this Conservation
Easement. Third Party Beneficiary's enforcement of the terms, provisions, and restrictions shall be at the
discretion of the Third-Party Beneficiary, and any forbearance on behalf of the Third Party Beneficiary to
exercise its rights hereunder in the event of any breach hereof by Grantor,shall not be deemed or construed
to be a waiver of Third Party Beneficiary's rights hereunder. The Third-Party Beneficiaries shall not be
obligated to Grantor, or to any other person or entity, to enforce the provisions of this Conservation
Easement.
10. Taxes. When perpetual maintenance is required by the Permit, Grantor shall pay before
delinquency any and all taxes, assessments, fees, and charges of whatever description levied on or
assessed by competent authority on the Conservation Easement Area and shall furnish the Grantee with
satisfactory evidence of payment upon request.
11. Assignment. Grantee will hold this Conservation Easement exclusively for conservation
purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to
another organization or entity qualified to hold such interests under the applicable state laws.
12. Severability. If any provision of this Conservation Easement or the application thereof to
any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation
Easement shall not be affected thereby,as long as the purpose of the Conservation Easement is preserved.
13. Terms and Restrictions. Grantor shall insert the terms and restrictions of this
Conservation Easement (or incorporate the terms and restrictions by reference) in any subsequent deed or
other legal instrument by which Grantor divests itself of any interest in the Conservation Easement.
14. Written Notice.All notices, consents, approvals or other communications hereunder shall
be in writing and shall be deemed properly given if sent by United States certified mail, return receipt
requested, addressed to the appropriate party or successor-in-interest.
15. Modifications. This Conservation Easement may be amended, altered, released, or
revoked only by written agreement between the parties hereto or their heirs, assigns, or successors-
in-interest,which shall be filed in the public records in Monroe County, Florida.
16. Recordation. Grantor shall record this Conservation Easement in timely fashion in the
Official Records of Monroe County, Florida,and shall rerecord it at any time Grantee may require to preserve
its rights. Grantor shall pay all recording costs and taxes necessary to record this Conservation Easement
in the public records. Grantor will hold Grantee harmless from any recording costs or taxes necessary to
record this Conservation Easement in the public records.
Form 62-330.301(13)—Deed of Conservation Easement—Third Party Beneficiary Rights to the U.S.Army Corps of Engineers
Incorporated by reference in paragraph 62-330.301(6)(f), F.A.C.(June 1,2018) Page 12 of
44
TO HAVE AND TO HOLD unto Grantee forever.The covenants,terms, conditions, restrictions, and
purposes imposed with this Conservation Easement shall be binding upon Grantor and shall continue as a
servitude running in perpetuity with the Conservation Easement Area. Grantor hereby covenants with Grantee
that Grantor is lawfully seized of said Conservation Easement Area in fee simple; that the Conservation
Easement is free and clear of all encumbrances that are inconsistent with the terms of this Conservation
Easement;all mortgages and liens on the Conservation Easement Area,if any, have been subordinated to this
Conservation Easement; that Grantor has good right and lawful authority to convey this Conservation
Easement; and that it hereby fully warrants and defends record title to the Conservation Easement Area
hereby conveyed against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, Grantor has caused this Conservation Easement to be executed
effective as of the date and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By By
As Deputy Clerk Mayor Holly Merrill Raschein
Form 62-330.301(13)—Deed of Conservation Easement—Third Party Beneficiary Rights to the U.S.Army Corps of Engineers
Incorporated by reference in paragraph 62-330.301(6)(f), F.A.C.(June 1,2018) Page 13 of
45
EXHIBITA
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Form 62-330.301(13)—Deed of Conservation Easement—Third Party Beneficiary Rights to the U.S.Army Corps of Engineers
Incorporated by reference in paragraph 62-330.301(6)(f), F.A.C.(June 1,2018) Page 14 of
46
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Form 62-330.301(13)—Deed of Conservation Easement—Third Party Beneficiary Rights to the U.S.Army Corps of Engineers
Incorporated by reference in paragraph 62-330.301(6)(f), F.A.C.(June 1,2018) Page 10 of
49
SHORELINE
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TAX ID:00099560-000000
LOT 3 O.R. 1154, PG. 1916
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P.G. - PAGE P.O.B.
P.O.B. - POINT OF BEGINNING F.D.O.T, STA, 508+00,00
P.O,C. - POINT OF COMMENCEMENT 116,00' LEFT
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R - RADIUS
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FLORIDA CERTIFICATE NO.6027
REVISIONS
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MONROE COUNTY
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NORTH LINE SECTION 35,TOWNSHIP 65 SOUTH,RANGE 33 EAST
LOT 1
1 SEE PAGE 6 OF 7 FOR
NOTES AND DESCRIPTION
2. SEE PAGE 7 OF 7 FOR
KEY MAP/PAGE INDEX
3. SEE PAGE 1 OF 7 FOR
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LEGEND
F.D,0,T.— FLORIDA DEPARTMENT OF TRANSPORTATION
L — LENGTH
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P.G. — PAGE
P.O.B. — POINT OF BEGINNING
P,O.C. — POINT OF COMMENCEMENT
ROM — PROFESSIONAL SURVEYOR AND MAPPER
R — RADIUS
RAW — RIGHT OF WAY
SHORELINE N — NORTH
S — SOUTH
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LEGEND
F.D.O.T.— FLORIDA DEPARTMENT OF TRANSPORTATION
L — LENGTH
LB — LICENSED BUSINESS
O.R. — OFFICIAL RECORDS MONROE COUNTY
P.B. — PLAT BOOK
P.G. — PAGE
P.O.B. — POINT OF BEGINNING
P.O.C. — POINT OF COMMENCEMENT
PSM — PROFESSIONAL SURVEYOR AND MAPPER
R — RADIUS
RAW — RIGHT OF WAY
N — NORTH
S — SOUTH
E — EAST
W — WEST
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— CENTERLINE
SHORELINE
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SCALE: I—100'
SHORELINE
MONROE COUNTY
TAX ID:00099560-000000
O.R. 1154, PG. 1916
LOT 3
SOUTH LINE SECTION 26,TOWNSHIP 65 SOUTH,RANGE 33 EAST
NORTH LINE SECTION 35,TOWNSHIP 65 SOUTH,RANGE 33 EAST
LOT 1
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1 SEE PAGE 6 OF 7 FOR
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REVISIONS
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AM°8 17 & MAPPING, INC.
MEO CRAWL KEY 2002 Old St. Augustine Rd. Suite A20, #1116
SHEET NO MONROE COUNTY,FLORIDA Tallahassee,
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. 70-2138
3 OF 7 S Licensed Business 7713 52
FLORIDA KEYS AQUEDUCT AUTHORITY
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SCALE: I-100' L — LENGTH
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P.B. — PLAT BOOK
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REVISIONS
oArE oEscRianoN SKETCH N
AND LEGAL DESCRIPTION O'NEAL SURVEYING
AC23 8 HE—BY CONSERVATION EASEMENT w E
17 & MAPPING, INC.
MEO CRAWL KEY 2002 Old St. Augustine Rd. Suite A20, #1116
SHEET NO MONROE COUNTY,FLORIDA Tallahassee,
85 0-2, F1 3230'
. 70-2138
4 OF 7 S Licensed Business 7713 53
LEGEND
F.D.O.T.- FLORIDA DEPARTMENT OF TRANSPORTATION
L - LENGTH
LB - LICENSED BUSINESS N
SHORELINE O.R. - OFFICIAL RECORDS MONROE COUNTY 0
P.B. - PLAT BOOK co
P.G. - PAGE No
LINE TABLE P.O,B. - POINT OF BEGINNING
PSM - PROFESSIONAL SURVEYOR AND MAPPER
R - RADIUS
L1 N 18'06'38"W 17.88' R/w - RIGHT of WAY
L2 N 65'38'29"W 8.97' N - NORTH C„ ��-
L3 N 52'08'31"W 8.97' E - SOUTH rn
E - EAST Cn
L4 N 76'34'26"W 11.30' w - WEST CID
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L5 N 31'19'29"W 28.93' CURVE TABLE - CENTERLINE
L6 S 75'24'02"W 44.21' C1
L7 N 21'56'13"W 33'+/- Delta = 50'20'31"
L8 S 12'59'28"E 3'+/- Length = 21.97'
L9 S 21'44'11"W 5.73' Radius = 25.00'
LID S 30'26'14"W 6.77' Tangent Back = S 410 57'47" E
L11 S 140 32'57"E 3.42' Chord Bearing = S 670 08'02"E
L12 S 430 54'36"W 9.80 Chord = 21.27' SCALE: I-100'
L13 S 710 59'00"W 9.06'
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L14 S 57o 19'20"W 21.50' W z
L15 S 57o 36'14"W 36.64' SHORELINE MONROE COUNTY
L16 S 610 35'00"W 35.27' TAX ID:00099560-000000 0
L17 S 590 27'18"W 26.32' O.R. 1154, PG. 1916
L18 S 15o 31'35"E 7.58' SOUTHWEST
L19 S 23o 54'01"E 11.72' CORNER of
L20 S 40o 34'04"E 25.86' LOT 3 ACCESS EASEMENT
L21 S 67o 06'25"W 25.55 SOUTH LINE SECTION 26,TOWNSHIP 65 SOUTH,RANGE 33 EAST
NORTH LINE SECTION 35,TOWNSHIP 65 SOUTH,RANGE 33 EAST
APPROXIMATE MEAN LOT 1
HIGH WATER LINE
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1 SEE PAGE 6 OF 7 FOR
NOTES AND DESCRIPTION
2. SEE PAGE 7 OF 7 FOR
KEY MAP/PAGE INDEX
3. SEE PAGE 1 OF 7 FOR
CERTIFICATION
REVISIONS
oArE oEscRianoN N
SKETCH
AND LEGAL DESCRIPTION O'NEAL SURVEYING
JOB CONSERVATION EASEMENT w E
HE—BY & MAPPING, INC.
MEO CRAWL KEY 2002 Old St. Augustine Rd. Suite A20, #116
SHEET NO MONROE COUNTY,FLORIDA Tallahassee,
85 0-2, FI 32301
. 70-2138
5 OF 7 S Licensed Business 7713 54
LEGAL DESCRIPTION
CRAWL KEY CONSERVATION EASEMENT
A PARCEL OF LAND IN CRAWL KEY,MONROE COUNTY,FLORIDA,LYING NORTHERLY OF THE RIGHT OF WAY OF STATE ROAD 5(US HIGHWAY 1),
BEING A PORTION OF LOT 1,SECTION 35,TOWNSHIP 65 SOUTH,RANGE 33 EAST AND A PORTION OF LOT 3,SECTION 26,TOWNSHIP 65 SOUTH,
RANGE 33 EAST,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT A POINT ON THE NORTHERLY RIGHT OF WAY OF STATE ROAD 5(US HIGHWAY 1)AT STATION 508+00.00 AS PER FLORIDA DEPARTMENT
OF TRANSPORTATION RIGHT OF WAY MAP 90040,DATED APRIL 2001,LATEST REVISION DATE NOVEMBER 2005;THENCE S 67'06'25"W, 930.00
FEET ALONG SAID NORTHERLY RIGHT OF WAY TO A JOG IN SAID RIGHT OF WAY AT STATION 498+70.00;THENCE CONTINUE ALONG SAID
NORTHERLY RIGHT OF WAY,N 16°54'45"E,45'FEET MORE OR LESS TO A POINT ON THE MEAN HIGH WATER LINE;THENCE DEPARING SAID
RIGHT OF WAY,MEANDERING ALONG SAID MEAN HIGH WATER LINE TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF PROPERTY
DESCRIBED IN OFFICIAL RECORDS BOOK 1764,PAGE 1210 PUBLIC RECORDS OF SAID MONROE COUNTY(SAID POINT OF INTERSECTION BEING ON
A DIRECT LINE BEARING N 36"01'08"E,1951.63 FEET FROM THE LAST SAID POINT);THENCE DEPARTING SAID MEAN HIGH WATER LINE,S 87°
51'52"E,371 FEET MORE OR LESS ALONG SAID SOUTHERLY LINE AND AN EASTERLY EXTENSION THEREOF TO A POINT ON THE WEST LINE OF AN
ACCESS EASEMENT DESCRIBED IN SAID OFFICIAL RECORDS BOOK 1764,PAGE 1210,SAID POINT BEING ON A CURVE CONCAVE EASTERLY;THENCE
FROM A TANGENT BEARING OF S 02°08'08"W,SOUTHEASTERLY 355.01 FEET ALONG THE WEST LINE OF SAID ACCESS EASEMENT AND THE ARC
OF SAID CURVE, HAVING A RADIUS OF 1,771.54 FEET,A CENTRAL ANGLE OF 11°28'55",AND A CHORD BEARING S 03°36'19"E,354.42 FEET TO
A POINT OF TANGENCY;THENCE CONTINUE ALONG SAID WEST LINE,S 09°20'47"E,566.58 FEET TO THE SOUTHWEST CORNER OF SAID ACCESS
EASEMENT ON SAID NORTHERLY RIGHT OF WAY OF STATE ROAD 5(US HIGHWAY 1);THENCE ALONG SAID RIGHT OF WAY,S 67°06'25"W,856.52
FEET TO THE POINT OF BEGINNING.
COMPRISING 22.61 ACRES,MORE OR LESS.
LESS AND EXCEPT:
A PARCEL OF LAND IN CRAWL KEY,MONROE COUNTY,FLORIDA,LYING NORTHERLY OF THE RIGHT OF WAY OF STATE ROAD 5(US HIGHWAY 1),
BEING A PORTION OF LOT 1,SECTION 35,TOWNSHIP 65 SOUTH,RANGE 33 EAST,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A POINT ON THE NORTHERLY RIGHT OF WAY OF STATE ROAD 5(US HIGHWAY 1)AT STATION 508+00.00 AS PER FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP 90040,DATED APRIL 2001,LATEST REVISION DATE NOVEMBER 2005;THENCE N 67°06'
25"E, 401.96 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO THE POINT OF BEGINNING;THENCE DEPARTING SAID RIGHT OF WAY,ALONG THE
FOLLOWING(7)COURSES AND DISTANCES: 1)N 18°06'38"W,17.88 FEET;2)N 65°38'29"W,8.97 FEET;3)N 52°08'31"W,8.97 FEET;4)N 76°
34'26"W,11.30 FEET;5)N 31°19'29"W,28.93 FEET;6)S 75°24'02"W,44.21 FEET;7) N 21°56'13"W,33 FEET MORE OR LESS TO THE MEAN
HIGH WATER LINE;THENCE MEANDER ALONG SAID MEAN HIGH WATER LINE TO A POINT BEING ON A DIRECT LINE BEARING N 70°46'33"E,
216.63 FEET,FROM LAST SAID POINT;THENCE DEPARTING SAID MEAN HIGH WATER LINE,ALONG THE FOLLOWING(12)COURSES AND
DISTANCES:1)S 12°59'28" E,3 FEET MORE OR LESS;2)S 21°44'11"W,5.73 FEET;3)S 30°26'14"W,6.77 FEET;4)S 14°32'57" E,3.42 FEET;5)
S 43°54'36"W,9.80 FEET;6)S 71°59'00"W,9.06 FEET;7)S 57°19'20"W,21.50 FEET;8)S 57°36'14"W,36.64 FEET;9)S 61°35'00"W,35.27
FEET;10)S 59°27'18"W,26.32 FEET; 11)S 15°31'35"E,7.58 FEET;12)S 23°54'01"E,11.72 FEET TO A POINT ON A CURVE CONCAVE
NORTHEASTERLY;THENCE FROM A TANGENT BEARING OF S 41°57'47"E,SOUTHEASTERLY 21.97 FEET ALONG THE ARC OF SAID CURVE,HAVING
A RADIUS OF 25.00 FEET,A CENTRAL ANGLE OF 50°20'31"AND A CHORD BEARING S 67°08'02"E,21.27 FEET TO THE END OF SAID CURVE;
THENCE S 40°34'04" E,25.86 FEET TO SAID NORTHERLY RIGHT OF WAY OF STATE ROAD 5(US HIGHWAY 1);THENCE S 67°06'25"W,25.55 FEET
ALONG SAID RIGHT OF WAY TO THE POINT OF BEGINNING.
COMPRISING 0.15 ACRES,MORE OR LESS.
TOTAL ACREAGE=22.46 ACRES,MORE OR LESS.
NOTES:
I THIS IS NOT A BOUNDARY SURVEY
2, ALL DISTANCES SHOWN HEREON ARE IN U.S. SURVEY FEET
AND DECIMALS THEREOF AND ARE CALCULATED, UNLESS
NOTED OTHERWISE,
SEE PAGE 1 OF 7 FOR 3, THE APPROXIMATE AREA WAS DERIVED UTILIZING THE
CERTIFICATION SHORELINE AS MAPPED IN THE MONROE COUNTY PROPERTY
APPRAISER'S WEBSITE ON SEPTEMBER 19, 2023,
2 SEE PAGE 7 OF 7 FOR 4 THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID
KEY XIAP/PAGE INDEX WITHOUT THE SIGNATURE AND SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER,
REVISIONS
oArE oEscRianoN SKETCH N
AND LEGAL DESCRIPTION O'NEAL SURVEYING
°aNU.BER CONSERVATION EASEMENT w E
2 30817 & MAPPING, INC.
M BY
ME O CRAWL KEY 2002 Old St. Augustine Rd. Suite A20, #116
�6 �
MONROE COUNTY,FLORIDA 7a"°d50-2 , �' 323°'
Ph. 850-270-2138
7 S Licensed Business 7713 55
SHEET INDEX
a�
X
MONROE COUNTY
TAX ID'.00099560-000000
OR
1154,PG.1916
N07 TO SCALE SHEET 4
OUTH LINE SECTION 26,OT C TOWNSHIP 61 SOUTH,-RANGE 33 EAST--. ---- __ ____ _
SOUTH LINE SECTION 26 T WNSHIP 65 SOUTH RANGE 33 EAST
NORTH LINE SECTION 35 T WNSHIP 65 SOUTH RANGE 33 EAST
ORTH LINE SECTION 35,TOWNSHIP 65 SOUTH,RANGE 33 EA8
L LOT 1
LOT 1
MONROE COUNTY SH
TAX ID'.00099560-000000
O.R.1154,PG.1916
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OF�x\S�x,4G 9 r -
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SHEETSHEET 2
SEE PAGE 1 OF 7 FOR
CERTIFICATION
SEE PAGE 6 OF 7 FOR
NOTES AND DESCRIPTION
REVISIONS
DATE oEscRlPnoN SKETCH N
AND LEGAL DESCRIPTION O'NEAL SURVEYING
JOBNUMBER CONSERVATION EASEMENT w E
C230817 & MAPPING, INC.
MBY
EO CRAWL KEY 2002 Old St. Augustine Rd. Suite A20, #'I'16
SHEET NO. MONROE COUNTY,FLORIDA 7a"°d50-2 , �'. 323°'
Ph. 850-270-2138
OF S Licensed Business 77'13 56
RESOLUTION NO. 519-2022
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS EXPRESSING THE COUNTY'S COMMITMENT
TO ENTER INTO A CONSERVATION EASEMENT OFF-SITE ON
CRAWL KEY AS PART OF THE COMMERCIAL APRON AND
MITIGATION PROJECT TO SATISFY SOUTH FLORIDA WATER
MANAGEMENT DISTRICT PERMIT REQUIREMENTS.
WHEREAS, the Key West International Airport's current parking positions do
not meet the required FAA standard separations for ADG HI, the airport's Aircraft
Design Group; and
WHEREAS,the Key West International Airport received approval from the FAA
to extend the commercial apron east to allow FAA standard separations to be met, relieve
congestion adjacent to the aircraft parking positions, while also enhancing safety for
aircraft operators and passengers; and
WHEREAS, Key West International Airport is bordered by environmentally
sensitive wetlands; and
WHEREAS, the Federal Aviation Administration has approved $17,042,706.00
dollars in grant funding for constructing the commercial apron and mitigation of
disturbed wetlands associated with the project; and
WHEREAS, in furtherance of the Commercial Apron and Mitigation Project
Monroe County has applied for a permit with the South Florida Water Management
District; and
WHEREAS, as the County is proposing an off-site mitigation project on Crawl
Key as a condition of the South Florida Water Management District permit which
requires the County to enter into a conservation easement or other equivalent document
pursuant to Florida Statute section 704.06 and maintain the site,
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that at such time as the
terms, dimensions and legal description can be finalized, reviewed and approved by the
County Attorneys Office for the conservation easement areas required by the South
Florida Water Management District permit for the Commercial Apron and Mitigation
Project at Crawl Key, the County will execute said conservation easements as a condition
of the permit.
57
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 7 h day of December, 2022.
Mayor Craig Cates Yes
Mayor Pro Tern Holly Merrill Raschein Yes
Commissioner Michelle Lincoln Yes
Commissioner James K. Scholl Yes
ommissioner David Rice Yes
1 gs
•° BOARD OF COUNTY COMMISSIONERS
ADO , Clerk OF MONROE COUNTY, FL
By __-___ �� ........m By
As Deputy Clerk ay i i aF'
NROEATronNEY
Flov FORM
P
11/15/22
58