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03/07/2024 Conservation Easement (Off Site Mitigation, Crawl Key) GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN 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: veil II 111,6!fP Il: iilluit I:ii ironnlmennta ervaK.es, Iunn:;. dim()wJ. I7eimn; d'() enni()lm ssisp unp ()uiint ip()imune o mi eimn:;r l Apron II Iimo e(;t Crawl III I i gatp:()nn Area 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. ("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 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") 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 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 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. -1:1SEAL BOARD OF COUNTY COMMISSIONERS cF:T.,T7T ATTEST EVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA I elf 4.ef 4,Air CY./ WOW ty lerk Mayor Merrill -Schein V�.\ a , V N> JIaU h [.'� H 3. r•'./". Graf NROE COUNTY ATTORNEY A X0Va4E . 737FORM PED r ASS UNNIY ATTORNEY Date 3/7/24 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 Hai m o� LL s (6 U ch w° dU — D w "' w 0 :E s T! 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M a w �w r 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 SHORELINE �fMONROE COUNTY TAX ID:00099560-000000 LOT 3 O.R. 1154, PG. 1916 - SOUTH LINE SECTION 26,TOWNSHIP 65 SOUTH,RANGE 33 EAST NORTH LINE SECTION 35,TOWNSHIP 65 SOUTH,RANGE 33 EAST LOT 1 00 h^. ^o SCALE: I"=100' o`b 0 00 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. P.O.B. - POINT OF BEGINNING F.D.O.T, STA, 508+00,00 P.O,C. - POINT OF COMMENCEMENT 116,00' LEFT PSM - PROFESSIONAL SURVEYOR AND MAPPER R - RADIUS RAW - RIGHT OF WAY LESS OUT N - NORTH S - SOUTH E - EAST W - WEST o - DELTA / - CENTERLINE BASIS OF BEARING a, MONROE COUNTY o, / TAX ID:00099560-000000 O.R. 1154, PG. 1916 0P� �A VS SEPS S�P��R G x75\7N oo GN�N 66,Fz �N N v���N g3o SN\ 0�.'`��Op�O �,w. 7-14q NO o6 25 �T Q C\O\` \�2�0 'jF FOP J`ea 6027 3 s 0�° PE SEG` PQR / of I v "' STATE OF ass FLORIDA oha� aaa SEE PAGE 6 DE 7 FOR SUrveyo< NOTES AND DESCRIPTION 2. SEE PAGE 7 OF 7 FOR MICHAEL W.O'NEAL,PSM KEY MAP PAGE INDEX PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO.6027 REVISIONS oArE oEscRianoN SKETCH N AND LEGAL DESCRIPTION O'NEAL SURVEYING JoaNUMBER CONSERVATION EASEMENT w E -BY 17 & MAPPING, INC. MEO CRAWL KEY 2002 Old St. Augustine Rd. Suite A20, #116 SHEET NO MONROE COUNTY,FLORIDA Tallahassee, 85 0-2, F1 32301 . 70-2138 1 OF 7 S Licensed Business 7713 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 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 LEGEND F.D,0,T.— FLORIDA DEPARTMENT OF TRANSPORTATION L — LENGTH LB — LICENSED BUSINESS O.R. — OFFICIAL RECORDS MONROE COUNTY SCALE I-100' P.B. — PLAT BOOK 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 E — EAST W — WEST— DELTA BASIS OF BEARING o — CENTERLINE MONROE COUNTY TAX ID:00099560-000000 O.R. 1154, PG. 1916 Pao w K,I � o HP P� 5 a5 lki-1 N`GNV�ROp,O a5 � SEPS S�PEE N 16 0 ER P� 11 Mp,P \AVG�� ,RODP' ESP v S (\OP \O\A g2 OP.�EO P62, REVISIONS DATE oEscRianoN N SKETCH AND LEGAL DESCRIPTION O'NEAL SURVEYING J C230817 CONSERVATION EASEMENT w E q1 8z MAPPING, INC. MEO CRAWL KEY 2002 Old St. Augustine Rd. Suite A20, #1116 SHEET N MONROE COUNTY,FLORIDA Ph 0—22 F 1 32301 Ph. 850- 70-2138 OF 7 S Licensed Business 7713 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 o — DELTA — CENTERLINE SHORELINE 1) 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 00 h^. ^o 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 SKETCH N AND LEGAL DESCRIPTION O'NEAL SURVEYING JoaNUMBER CONSERVATION EASEMENT w E AM°8 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 3 OF 7 S Licensed Business 7713 FLORIDA KEYS AQUEDUCT AUTHORITY TAX I D:00099560-000100 O.R. 1764, PG. 1210 S 87°51'52"E 371'+/- O �N z w� APPROXIMATE MEAN w HIGH WATER LINE w o Q . w� w w� w A=11'28'55" L=355.01' QO co' R=1771.54' (7 h TANGENT BACK=S 02°08'08"W .�' SHORELINE CHORD=354.42' CHORD BEARING=S 03°36'19"E o`b o� LEGEND F.D.O.T.— FLORIDA DEPARTMENT OF TRANSPORTATION SCALE: I-100' L — LENGTH LB — LICENSED BUSINESS Q R. — OFFICIAL RECORDS MONROE COUNTY P.B. — PLAT BOOK P.G. — PAGE P.O,B. — POINT OF BEGINNING PSM — PROFESSIONAL SURVEYOR AND MAPPER R — RADIUS RAW — RIGHT OF WAY To N — NORTH To S — SOUTH z E — EAST W — WEST N o y o — DELTA -�o — CENTERLINE —� wTn MONROE COUNTY TAX ID:00099560-000000 O.R. 1154, PG. 1916 N 0 SHORELINE co 0 v m rn rn In Cq 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 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 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 o - DELTA 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' ao�r 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 L8 L0 11 L10 L13 �1 �N LNN 0 NP �d �s Cl Mp,P DER` PEE S N RF 00O 4 R�196 5,�1 Q� SSG P`QR - EX �1 06 2 P.O.B. O (E 56lo 25 g6 LESS OUT o� P` gA / �S C�\OP'g2 2 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 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 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 GN,NP�oS :it-IEE-f 5 OF�x\S�x,4G 9 r - N�N� u S N\ 9oG vP 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