03/07/2024 Conservation Easement (Off Site Mitigation, Summerland) GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
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DATE: March 11, 2024
TO: Beth Leto, Airports
Business Manager, KWIA
Pedro Mercado
Assistant County Attorney
FROM: Liz Yongue, Deputy Clerk
SUBJECT: March 7, 2024 BOCC Meeting
The following items have been executed for recording in the Official Record:
Al Deed of Conservation Easement to the South Florida Water Management District
with third party enforcement rights to the U.S. Army Corps of Engineers pursuant to permitting
requirements for the aircraft overflow apron project at Key West International Airport.
A2 Deed of Conservation Easement 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 aircraft overflow
apron project at Key West International Airport.
A3 Deed 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.
Please provide us the final recorded Deeds, once they have been added to the Official
Record. Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
Prepared by:
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11: .1 Summei1and Key
I: vI',sed 1...12...2024
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 7th
day of March , 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
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
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
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.
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.
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
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.
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
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
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
4,.- effective as of the date and year first written above.
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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 13 of
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
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[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
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'D o o Q
P.O.B. - POINT OF BEGINNING _ ��z v U) Z E
(P) - PLAT ° T LU W- o �1� U
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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
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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 MONROE COUNTY FLORIDA Ah 850-2 FI 32301
1 OF 2 S Li aso—z7 mess
Licensed Business 7713
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
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