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Item B2 B2 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: B2 2023-2206 BULK ITEM: No DEPARTMENT: Land Authority Governing Board TIME APPROXIMATE: STAFF CONTACT: Christine Hurley 9:25 AM AGENDA ITEM WORDING: Approval of a Resolution by the Monroe County Comprehensive Plan Land Authority approving conveyance of Parcel X, Summerland Key Properties on Summerland Key having Parcel ID Number 00114470-002400 to Monroe County for use as mitigation and approving the Grant of Conservation Easement encumbering Parcels X through DD, Summerland Key Properties on Summerland Key having Parcel ID Numbers 00114470-002400 through 00114470-003000 approved by the Monroe County Board of County Commissioners required in the Aircraft Overflow Apron and Mitigation Project at Key West International Airport. ITEM BACKGROUND: On April 20, 2022, the Monroe County Comprehensive Plan Land Authority approved Resolution 05- 2022 authorizing conveyance of Parcels Y, Z, AA, BB, CC, and DD, to Monroe County for use as mitigation for the Key West International Airport Aircraft Overflow Apron and Mitigation Project, subject to an acceptable conservation easement. The mitigation project involves restoring disturbed wetlands on land owned by the Land Authority. During the permitting with Sough Florida Water Management District(SFWMD) and the Army Corp of Engineers (ALOE) the Airport Department discovered they needed to mitigate their impacts at the airport in a more extensive manner, so they also included Parcel X, owned by the Land Authority as part of the mitigation plan. Therefore, this resolution includes approval to convey Parcel X, as well as approval of the Conservation Easement required by SFWMD and ALOE. The Land Authority will be a third-party beneficiary of the Conservation Easement, which will be recorded simultaneously with the land conveyances. 60 PREVIOUS RELEVANT BOCC ACTION: April 20, 2022 GB approved Resolution 05-2022 INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Proposed MCLA Resolution-Approval Of Conveyance Of Parcel X and Conservation Easement.pdf FINANCIAL IMPACT: N/A 61 RESOLUTION NO. -2024 A RESOLUTION BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY APPROVING CONVEYANCE OF PARCEL X, SUMMERLAND KEY PROPERTIES ON SUMMERLAND KEY HAVING PARCEL ID NUMBER 00114470-002400 TO MONROE COUNTY FOR USE AS MITIGATION AND APPROVING THE GRANT OF CONSERVATION EASEMENT ENCUMBERING PARCELS X THROUGH DD, SUMMERLAND KEY PROPERTIES ON SUMMERLAND KEY HAVING PARCEL ID NUMBERS 00114470-002400 THROUGH 00114470-003000 APPROVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUIRED IN THE AIRCRAFT OVERFLOW APRON AND MITIGATION PROJECT AT KEY WEST INTERNATIONAL AIRPORT. WHEREAS, the Monroe County Comprehensive Land Authority (hereafter "Land Authority") previously approved Resolution 05-2022, attached herein as "Attachment A" authorizing the conveyance of Parcels Y, Z, AA, BB, CC, and DD, Summerland Key Properties to the Monroe County Board of County Commissioners (hereinafter "BOCC") upon approval by the parties of the Grant of Conservation Easement required by the South Florida Water Management District and U.S. Army Corps of Engineers for the Aircraft Overflow Apron and Mitigation and other improvement projects at Key West International Airport; and WHEREAS, subsequent to the approval of Resolution 05-2022, Monroe County staff determined that Parcel X, having Parcel ID number 00114470-002400, which is contiguous to the previously approved parcels pursuant to Resolution 05-2022, is also needed for mitigation purposes and therefore was included in the permit applications to the South Florida Water Management District and the U.S. Army Corps of Engineers in connection with the Aircraft Overflow Apron and Mitigation and other improvement projects at Key West International Airport; and WHEREAS, Monroe County has informed Land Authority staff of the need for the additional parcel and requested that the Land Authority approve the Grant of Conservation Easement, inclusive of all Parcels X, Y, Z, AA, BB, and DD; and 62 WHEREAS, Monroe County staff has requested that the Land Authority convey Parcels X,Y,Z,AA,BB, CC, and DD, Summerland Key Properties,having Parcel ID numbers 00114470- 002400 through 00114470-00300, to Monroe County simultaneously with the recording of the Grant of Conservation Easement; and WHEREAS, Land Authority staff has reviewed the request to include parcel X in the conveyance and recommends approval. WHEREAS, Land Authority staff has reviewed the Grant of Conservation Easement and recommends approval; and NOW THEREFORE, BE IT RESOLVED THAT THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY HEREBY: 1. Accepts the above recitals as true and correct. 2. Commits to convey pursuant to the Quit Claim Deed attached as Attachment B, Parcel X, Summerland Key Properties, having Parcel ID number 00114470-002400, in addition to the previous commitment in Resolution 05-2022, which committed to convey Parcels Y, Z, AA, BB, CC, and DD, Summerland Key Properties, as recorded on a map in Official Records Book 744,Page 801 of the Public Records of Monroe County, Florida to Monroe County for use as mitigation with the condition that the above referenced Grant of Conservation Easement will be simultaneously recorded to assure the land is used as conservation , in accordance with Florida Statutes 380.0666 (3)(a), powers of land authority. 3. Approves the Grant of Conservation Easement included herein as Attachment"C". 4. This resolution shall take effect immediately upon its adoption. 63 PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a special meeting on this day of 2024. Chairman David Rice Vice Chairwoman Michelle Lincoln Commissioner Craig Cates Commissioner James K. Scholl Commissioner Holly Merrill Raschein (Seal) ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Christine Hurley David P. Rice Executive Director Chairman Approved as to form and legality Gregory Oropeza,Esquire 64 LO cfl Attachment "A" RESOLUTION NO. 05-2022 A RESOLUTION BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY COMMITTING TO CONVEY PARCELS Y, Z, AA, BB, CC, AND DD, SUMMERLAND KEY PROPERTIES ON SUMMERLAND KEY TO MONROE COUNTY FOR USE AS MITIGATION SUBJECT TO A CONSERVATION EASEMENT. WHEREAS, in 1989 the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority") purchased Parcels Y, Z, AA, BB, CC, and DD, Summerland Key Properties, as recorded on a map in Official Records Book 744, Page 801 of the Public Records of Monroe County, Florida (hereinafter "Subject Property") for conservation purposes; and WHEREAS, prior to Land Authority ownership, the natural condition of the subject property was disturbed by the introduction of fill; and WHEREAS, the County's Airport staff propose that Monroe County acquire title and conduct restoration activities on the Subject Property as mitigation for wetland impacts that will result from the Aircraft Overflow Apron and Mitigation Project and other improvement projects at Key West International Airport; and WHEREAS, these..mitigation activities are required by the project's permits from the South Florida Water Management District and the U.S. Army Corps of Engineers; and WHEREAS, the conveyance will be subject to a Grant of Conservation Easement which is currently still being drafted and will run in favor of the Land Authority, the South Florida Water Management District, and the U.S. Army Corps of Engineers, and WHEREAS, the Land Authority Advisory Committee considered the proposed conveyance to the Monroe County Board of County Commissioners at a meeting held on January 26. 2022 and voted 3 to 2 to recommend approval; and WHEREAS, the conveyance of the Subject Property to the Monroe County Board of County Commissioners is subject to approval and execution of the Grant of Conservation Easement by the Monroe County Board of County Commissioners; and cfl cfl WHEREAS, the Grant of Conservation Easement will prohibit development activities on the Subject Property except for the restoration activities required by the South Florida Water Management District and the U.S. Army Corps of Engineers permits; and WHEREAS, the Grant of Conservation Easement will be created pursuant to section 704.06, Florida Statutes, and is to be governed by, construed, and enforced in accordance with that statute along with the applicable laws of the State of Florida; NOW THEREFORE, BE IT RESOLVED THAT THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY HEREBY: 1. Commits to convey parcels identified as Y, Z, AA, BB, CC, and DD, Summerland Key Properties, as recorded on a map in Official Records Book 744, Page 801 of the Public Records of Monroe County, Florida to Monroe County for use as mitigation with the condition that the above referenced Grant of Conservation Easement will be simultaneously recorded to assure the land is used as conservation, in accordance with Florida Statutes 380.0666(3)(a), powers of land authority. Said conveyance shall not occur until such time as said Grant of Conservation Easement has been drafted and approved by the parties. 2. Acknowledges the Subject Property will be conveyed for the purpose of mitigation for wetland impacts that will result from the Aircraft Overflow Apron and Mitigation Project and other improvement projects at Key West International Airport and affirms that the Subject Property will be restricted as defined in said Grant of Conservation Easement to be recorded when land is conveyed. 3. This resolution shall take effect immediately upon its adoption. ti cfl PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this 20th day of April 2022. Commissioner Craig Cates Yes Commissioner Michelle Coldiron Yes Commissioner District III, vacant Vacant Commissioner Holly Raschein Yes Chairman David Rice Yes MONROE COUNTY COMPREHENSIVE `RL91��Se'fRM5f9 t5.9Ra PLAN LAND AUTHORITY Christine Hurley David P. Rice Executive Director Chairman Approved as to form and legality Gregory Oropeza, Esquire Attachment "B" Return to: (Enclosed self-addressed stamped envelope) Name: OROPEZA,STONES&CARDENAS Address: 221 Simonton Street Key West,FL 33040 This Instrument Prepared By: Gregory S.Oropeza,Esq. 221 Simonton Street Key West,FL 33040 (305)294-0252 Property Appraiser's Parcel I.D.(folio)Numbers: 00114470-002400 00114470-002500 00114470-002600 00114470-002700 00114470-002800 00114470-002900 00114470-003000 Note to Recorder: Pursuant to F.S. 201.01 the subject deed is exempt from documentary stamp tax as the conveyance is between a political subdivision and a county agency. QUIT CLAIM DEED THIS QUIT CLAIM DEED, executed this day of 2024 by and between MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority under Section 380.0663(1), Florida Statutes, and Monroe County Ordinance Number 031-1986, whose post office address is 1200 Truman Avenue, Suite 207, Key West, FL 33040, parry of the first part, and MONROE COUNTY, a political subdivision of the State of Florida, whose post office address is 1100 Simonton Street, Key West, FL 33040,parry of the second part. WITNESSETH, That the said party of the first part, for and in consideration of the sum of Ten and 00/100 ($10.00) Dollars, in hand paid by the said parry of the second part, the receipt of which is hereby acknowledged, has remised, released and quit-claimed, and by these presents does remise,release and quit-claim unto the said parry of the second part all the right,title, interest, claim and demand which the said parry of the first part has in and to the following described lot, piece or parcel of land, situate lying and being in the County of Monroe, State of Florida, to wit: SEE EXHIBIT "A"ATTACHED HERETO TO HAVE AND TO HOLD the same, together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest and claim whatsoever of the said party of the first part, either in law or equity,to the only proper use,benefit and behoof of the said parry of the second part forever. 68 IN WITNESS WHEREOF, the said parry of the first part has signed and sealed these presents the day and year first above written. Signed, Sealed and Delivered MONROE COUNTY COMPREHENSIVE in the Presence of: PLAN LAND AUTHORITY, a land authority under Section 380.0663(1), Florida Statutes, and Monroe County Signature of Witness Ordinance Number 031-1986 Printed Name of Witness By: David P. Rice, Chairman Signature of Witness Printed Name of Witness STATE OF FLORIDA: COUNTY OF MONROE: The foregoing instrument was acknowledged before me by means of[ ] physical presence or [ ] online notarization this day of , 2024 by DAVID P. RICE, Chairman of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority under Section 380.0663(1), Florida Statutes and Monroe County Ordinance No. 031-1986, who [ ] is personally known to me or [ ] has produced a as identification. [Notary Seal] Notary Public Notary Public Printed Name My Commission Expires: 69 Exhibit "A" SECTION 26, TOWNSHIP 66 SOUTH, RANGE 28 EAST NORTHEAST CORNER NORTHWEST CORNER LOT DD, SUMMERLAND KEY LOT DD, SUMMERLAND KEY PROPERTIES (UNRECORDED) PROPERTIES (UNRECORDED) LOT EE EAST 625' + LOT 34 P,,, ) NORTH LINE LOT DD, LEGEND SUMMARLAND KEY PROPERTIES (UNRECORDED) LOT DD LOT 33 LB - LICENSED BUSINESS PSM - PROFESSIONAL SURVEYOR AND MAPPER W 1 L - LINE TABLE NUMBER - C - CURVE TABLE NUMBER N - NORTH ( 0 LOT 32 S - SOUTH LU E - EAST o LOT CC �5 w - WEST > S.F. - SQUARE FEET 0 p6 P.B. - PLAT BOOK LLJ mO D.B. - DEED BOOK W u) LOT 31 O.R. - OFFICIAL RECORDS Z P BK. - BOOK LOT BB o, W PG. - PAGE z A n i < �O_ o M.C.R. - MONROE COUNTY RECORDS o �- LLJ z W Z m P.O.C. - POINT OF COMMENCEMENT c,� Z'o o Q-LOT 30 P.O,B. - POINT OF BEGINNING _ ��z v N( Z E (P) - PLAT T W o o�0 -1�7 R/w - RIGHT of WAY LOT AA a�� C) - CENTERLINE RIGHT OF WAY � ? �� LLJ tl o�z Q �O) Z LOT 29 Ov�� m LU oo�0- Y LOT Z Z z Z LOT 28 � J O � 1 W ILL LOT Y LOT 27 C0 P.O.B. POINT OF CURVATURE WEST LINE BOUNDARY OF NILES \ LOT 26 SOUTHWEST CORNER CHANNEL SUBDIVISON AND LOT X, SUMMERLAND KEY LOT X WEST R/W LINE OF NILES PROPERTIES (UNRECORDED) ROAD, P.B. 5, PG, 9 SOUTH LINE of LOT x WEST 815, +/- (P) SUMMERLAND KEY PROPERTIES LOT 11(/ SOUTHEAST CORNER T (UNRECORDED) PROPERTIESLOT X, SUMMERLAND(UNRECORDED) x a 0 z SCALE 1-200' NOTES: 1, THIS IS NOT A BOUNDARY SURVEY, 2, ALL DISTANCES SHOWN HEREON ARE IN U.S. SURVEY FEET AND DECIMALS THEREOF AND LINE TABLE ARE CALCULATED, UNLESS NOTED OTHERWISE, L1 S17°46'00"E (P) 136,45'(P) 3. THE APPROXIMATE AREA WAS DERIVED UTILIZING THE SHORELINE AS MAPPED ON THE MONROE COUNTY PROPERTY APPRAISER'S WEBSITE ON SEPTEMBER 1, 2023, CURVE TABLE 4. THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND SEAL C1 OF A FLORIDA LICENSED SURVEYOR AND MAPPER. RADIUS = 525'(P) LENGTH = 36.19'(P) DELTA = 03'57'00"(P) CHORD BEARING = S 15'47'30" E CHORD = 36.19' MARY E.O'NEAL,PSM PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO.6414 REVISIONS B— DESCRIPT104 SKETCH AND LEGAL N DESCRIPTION O'NEAL SURVEYING JAC23081�7B CONSERVATION AREA w E B-NNBY: SUMMERLAND KEY & MAPPING, INC. ESTER 2002 Old St. Augustine Rd. Suite AGO, #116 �EE�N MONROE COUNTY, FLORIDA Ph Tallahassee FI 132301 38 C 3 Tal 8assee —2138 1 OI Licensed Business 7713 70 LEGAL DESCRIPTION MITIGATION AREA SUMMERLAND KEY A PARCEL OF LAND LYING IN SECTION 26 TOWNSHIP 66 SOUTH, RANGE 28 EAST, IN MONROE COUNTY, FLORIDA, BEING LOTS X,Y,Z,AA, BB, CC,AND DD OF THE UNRECORDED PLAT OF SUMMERLAND KEY PROPERTIES AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE POINT OF TANGENCY OF A CURVE ON THE WEST BOUNDARY OF NILES CHANNEL SUBDIVISION,ALSO BEING THE WEST RIGHT OF WAY LINE OF NILES ROAD, BOTH AS RECORDED IN PLAT BOOK 5, PAGE 9, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA AND ALSO BEING A POINT ON THE EAST BOUNDARY OF SAID SUMMERLAND KEY PROPERTIES;THENCE ALONG SAID EAST/WEST BOUNDARY AND SAID WEST RIGHT OF WAY LINE, S 17`46'00" E, 136.45 FEET TO THE SOUTHEAST CORNER OF SAID LOT X,THENCE WEST,ALONG THE SOUTH LINE OF SAID LOT X, 815 FEET, MORE OR LESS,TO THE MEAN HIGH WATER LINE;THENCE MEANDER NORTHERLY,ALONG SAID MEAN HIGH WATER LINE, 980 FEET, MORE OR LESS TO THE NORTHWEST CORNER OF SAID LOT DD OF SUMMERLAND KEY PROPERTIES;THENCE DEPARTING .SAID MEAN HIGH WATER LINE, EAST,ALONG THE NORTH LINE OF SAID LOT DD, 625 FEET, MORE OR LESS TO THE NORTHEAST CORNER OF SAID LOT DD,ALSO BEING A POINT ON THE WEST BOUNDARY OF SAID NILES CHANNEL SUBDIVISION,THE WEST RIGHT OF WAY LINE OF SAID NILES ROAD AND THE EAST BOUNDARY LINE OF SAID SUMMERLAND KEY PROPERTIES;THENCE S 13`49'00"E,ALONG SAID EAST/WEST BOUNDARY LINES AND SAID WEST RIGHT OF WAY,731.43 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST; THENCE SOUTHEASTERLY, 36.19 FEET ALONG THE WEST RIGHT OF WAY LINE OF SAID NILES ROAD,THE WEST BOUNDARY OF SAID NILES CHANNEL SUBDIVISION AND THE EAST BOUNDARY OF SAID SUMMERLAND KEY PROPERTIES AND THE ARC OF SAID CURVE, HAVING A RADIUS OF 525.00 FEET,A CENTRAL ANGLE OF 03°57'00"AND A CHORD BEARING S 15°4730" E, 36.19 FEET TO THE POINT OF TANGENCY AND THE POINT OF BEGINNING. CONTAINING 12.4 ACRES, MORE OR LESS. RENASIONS DESCRIPTION SKETCH AND LEGAL N DESCRIPTION O'NEAL SURVEYING JC NUMBER. CONSERVATION AREA D—N BY: w E JA7B & MAPPING, INC. R^�'N SUMMERLAND KEY STEP 2002 Old St. Augustine Rd. Suite A20, #116 �=E MONROE COUNTY, FLORIDA Ta��°"50 2 F� 3z301 Lic 850-27siness� Licensed Business 7713 71 Attachment"C Prepared by: 3evei1ly II l:3urkh Il:3lrk h erv+ces, inc "edro J II` errado: Sei1or Assastaiqt County Ilonrvney 0ll:: ...I SuiTiTei1and Il((ey 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.211022-31948 ("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.SAJ-2003-04620 Phase I ("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 72 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 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 bythe 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; 73 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; 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"). The Corps, as a third-party beneficiary, 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. 74 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 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 75 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. 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 herebyconveyed againstthe lawful claims ofall 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 76 EXHIBITA JLOCATION MAP] 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 77 dr ° Wr w cn w LLI )� a O Q 6 O N :3 L) wn 0 c c z a � z ; j O � 0: z win " w [' O O CO m cOn s Q w LLT Y 4.0 d _ " V ( w p J/ tia w °c 21 O ✓ cm E "i O O 0 A cn =U O 3 O U tm Q Q „a LL p Q a C i= U N �0..w � � N . C6 Lf nY a cn w v °fin Y O n(in r O1rrC� � � w =Olo Li LLJ - U�Cryfro � � Qyf c�%O e" 1 w1 �lk� Z LL .o Ilk AC I a 1 a a w YX%5 ry�� f err ar, �rya� <, % 78 o� U N N W to W � a v o a (, O o Z C x m rcp, i m J a 3 � R 1 " O O U C o a u ¢LL CD W a d U ' r a) = m � IN o rr ' N i 1 r a 2 cn Q ° µ,, r/ c C W W 7 �, wA ° 411 ��, 79 EXHIBIT B [LEGAL DESCRIPTION AND SKETCH OF CONSERVATION EASEMENT AREA] 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 80 SECTION 26, TOWNSHIP 66 SOUTH, RANGE 28 EAST NORTHEAST CORNER NORTHWEST CORNER LOT DD, SUMMERLAND KEY LOT DD, SUMMERLAND KEY PROPERTIES (UNRECORDED) PROPERTIES (UNRECORDED) LOT EE LOT 34 EA ST 625' + P,,, ) NORTH LINE LOT DD, LEGEND SUMMARLAND KEY PROPERTIES (UNRECORDED) LOT DD `� \ LOT 33 LB - LICENSED BUSINESS PSM - PROFESSIONAL SURVEYOR AND MAPPER 1 L - LINE TABLE NUMBER C - CURVE TABLE NUMBER N - NORTH 0 LOT 32 S - SOUTH LU E - EAST o LOT CC w - WEST > S.F. - SQUARE FEET 0 p6 P.B. - PLAT BOOK LLJ m D.B. - DEED BOOK W � LOT 31 O.R. - OFFICIAL RECORDS Z P 9 BK. - BOOK TJ LOT BB - Uj Y PG. - PAGE z m W�s�<� O_ o,Z Zo M.C.R - MONROE COUNTY RECORDS �' W v z a � Z Q LOT 30 P.O.C. - POINT OF COMMENCEMENT r z'o o Q P.O.B. - POINT OF BEGINNING _ ��z v U) Z E (P) - PLAT ° T LU W- o �1� U oco�v R/w - RIGHT of WAY � � LOT AA a�� 00 7 m - CENTERLINE RIGHT OF WAY W W oo z �O� LOT 29 Ov�� m LLI oo 0v Y oZ � z LOT Z �� LOT 28 J ILL! LOT Y LOT 27 C0 P.O.B.— POINT OF CURVATURE WEST LINE BOUNDARY OF NILES LOT 26 SOUTHWEST CORNER CHANNEL SUBDIVISON AND LOT X, SUMMERLAND KEY LOT X WEST R/W LINE OF NILES ' t PROPERTIES (UNRECORDED) ROAD, P.B. 5, PG, 9 SOU mm��..............n o WEST 815' +�— (P) TH LINE � NE of LOT x SUMMERLAND KEY PROPERTIES LOT 11)I SOUTHEAST CORNER T (UNRECORDED) PROPERTIESLOT X, SUMMERLAND(UNRECORDED) x a 0 z SCALE 1-200' NOTES: 1, THIS IS NOT A BOUNDARY SURVEY, 2, ALL DISTANCES SHOWN HEREON ARE IN U.S. SURVEY FEET AND DECIMALS THEREOF AND LINE TABLE ARE CALCULATED, UNLESS NOTED OTHERWISE. L1 S17°46'00"E (P) 136,45'(P) 3, THE APPROXIMATE AREA WAS DERIVED UTILIZING THE SHORELINE AS MAPPED ON THE MONROE COUNTY PROPERTY APPRAISER'S WEBSITE ON SEPTEMBER 1, 2023, CURVE TABLE 4, THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND SEAL C1 OF A FLORIDA LICENSED SURVEYOR AND MAPPER. RADIUS — 525'(P) LENGTH — 36,19'(P) DELTA — 03'57'00"(P) CHORD BEARING = S 15'47'30" E CHORD — 36.19' MARY E.O'NEAL,PSM PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO.6414 REVISIONS B- DESCRIPT104 SKETCH AND LEGAL N DESCRIPTION O'NEAL SURVEYING JAC2N30817B CONSERVATION AREA w E B-NNBY: SUMMERLAND KEY & MAPPING, INC. ESTEP 2002 Old St. Augustine Rd. Suite A20, #116 �EE�N 32301 MONROE COUNTY, FLORIDA Ah 850-2 FI 1 3 Ph. 850-270-2138 1 OF Licensed Business 7713 81 LEGAL DESCRIPTION MITIGATION AREA SUMMERLAND KEY A PARCEL OF LAND LYING IN SECTION 26 TOWNSHIP 66 SOUTH, RANGE 28 EAST, IN MONROE COUNTY, FLORIDA, BEING LOTS X,Y,Z,AA, BB, CC,AND DD OF THE UNRECORDED PLAT OF SUMMERLAND KEY PROPERTIES AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE POINT OF TANGENCY OF A CURVE ON THE WEST BOUNDARY OF NILES CHANNEL SUBDIVISION,ALSO BEING THE WEST RIGHT OF WAY LINE OF NILES ROAD, BOTH AS RECORDED IN PLAT BOOK 5, PAGE 9, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA AND ALSO BEING A POINT ON THE EAST BOUNDARY OF SAID SUMMERLAND KEY PROPERTIES;THENCE ALONG SAID EAST/WEST BOUNDARY AND SAID WEST RIGHT OF WAY LINE, S 17`46'00" E, 136.45 FEET TO THE SOUTHEAST CORNER OF SAID LOT X,THENCE WEST,ALONG THE SOUTH LINE OF SAID LOT X, 815 FEET, MORE OR LESS,TO THE MEAN HIGH WATER LINE;THENCE MEANDER NORTHERLY,ALONG SAID MEAN HIGH WATER LINE, 980 FEET, MORE OR LESS TO THE NORTHWEST CORNER OF SAID LOT DD OF SUMMERLAND KEY PROPERTIES;THENCE DEPARTING .SAID MEAN HIGH WATER LINE, EAST,ALONG THE NORTH LINE OF SAID LOT DD, 625 FEET, MORE OR LESS TO THE NORTHEAST CORNER OF SAID LOT DD,ALSO BEING A POINT ON THE WEST BOUNDARY OF SAID NILES CHANNEL SUBDIVISION,THE WEST RIGHT OF WAY LINE OF SAID NILES ROAD AND THE EAST BOUNDARY LINE OF SAID SUMMERLAND KEY PROPERTIES;THENCE S 13`49'00"E,ALONG SAID EAST/WEST BOUNDARY LINES AND SAID WEST RIGHT OF WAY,731.43 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST; THENCE SOUTHEASTERLY, 36.19 FEET ALONG THE WEST RIGHT OF WAY LINE OF SAID NILES ROAD,THE WEST BOUNDARY OF SAID NILES CHANNEL SUBDIVISION AND THE EAST BOUNDARY OF SAID SUMMERLAND KEY PROPERTIES AND THE ARC OF SAID CURVE, HAVING A RADIUS OF 525.00 FEET,A CENTRAL ANGLE OF 03°57'00"AND A CHORD BEARING S 15°4730" E, 36.19 FEET TO THE POINT OF TANGENCY AND THE POINT OF BEGINNING. CONTAINING 12.4 ACRES, MORE OR LESS. RENASIONS DESCRIPTION SKETCH AND LEGAL N DESCRIPTION O'NEAL SURVEYING JC NUMBER. CONSERVATION AREA D—N BY: w E JA7B & MAPPING, INC. R^�'N SUMMERLAND KEY STEP 2002 Old St. Augustine Rd. Suite A20, #116 �=E MONROE COUNTY, FLORIDA Ta��°"50 2 F� 3z301 Lic 850-27siness� Licensed Business 7713 82