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Home My WebLink AboutItem I3 I3 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting May 21, 2025 Agenda Item Number: I3 2023-4036 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Pedro Mercado N/A AGENDA ITEM WORDING: Approval and delegation of authority to the Mayor to execute the grant of Restrictive Covenant, as approved by the County Attorney's Office, to the U.S. Army Corps of Engineers to permitting requirements for the Taxiway A Extension and Mitigation project at Key West International Airport. ITEM BACKGROUND: The Monroe County airport has several airport improvement programs scheduled and/or underway. One of those improvements is to extend Taxiway A. Currently Taxiway A terminates at the Runway 9 threshold. Because of the location of the taxiway terminus at the threshold, an aircraft departing Runway 9 enters onto the runway at the threshold then has to back taxi to the departure end and execute a u-turn. This project extends the taxiway so that it will now terminate at the departure end of runway 9 thereby eliminating the need for the back taxi operation and enhancing operational efficiency and safety at the airport. Staff has been working for the last several years with the airports general, as well as environmental, consultants to obtain the necessary permitting from the U.S. Army Corps of Engineers and has been diligently working with the USACE to finalize the terms of the Restrictive Covenant. Staff is recommending delegation of authority to the Mayor to execute the easement upon final review and editing, if necessary, and approval of the Restrictive Covenant by the County Attorneys Office. PREVIOUS RELEVANT BOCC ACTION: None INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval 2709 DOCUMENTATION: Corps Restrictive Covenant Draft April 2025 v7 clean.docx Corps Restricitve Covenant Draft April 2025 - Exh A-l.pdf Corps Restrictive Covenant Draft April 2025 - Exh A-2.pdf Corps Restricitve Covenant Draft April 2025 - Exh A-3.pdf Corps Restricitve Covenant Draft April 2025 - Exh B.pdf Corps Restricitve Covenant Draft April 2025 - Exh C.pdf FINANCIAL IMPACT: 2710 Prepared by: Declaration of Restrictive Covenants This Declaration of Conservation Covenants, Conditions, and Restrictions ("Declaration") is made this day of 120 , by (property owner(s)) (Same as deed) ("Declarant"). As used herein, the term"Declarant"shall include any and all heirs, successors,or assigns of the Declarant, and all subsequent owners of the"Property' (as hereinafter defined). Recitals and Conservation Purposes WHEREAS, the Declarant is the sole owner in fee simple of certain real property ("Property") located in Monroe County, Florida, which is more fully described in composite Exhibit "A" attached hereto and made a part hereof; and WHEREAS, Permit No. ("Permit"), and any modifications thereto issued by the U.S. Army Corps of Engineers ("Corps") authorizes certain activities which could affect wetlands or other surface waters in or of the State of Florida; and WHEREAS, Grantor makes this Declaration 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, it is the purpose of this Declaration, and it is Declarant's intent, to place restrictions, covenants and conditions on the Property for the purpose of ensuring that the Property remains in its enhanced state in perpetuity, consistent with the City of Key West Deed of Conservation Easement, Resolution 07-115 dated April 12, 2007, and recorded in Official Record Book 2298, at Page 1930 of the Public Records of Monroe County, Florida between the City of Key West and the South Florida Water Management District (SFWMD), as will be amended (Exhibit B), the Permit and Section 704.06, Florida Statutes. WHEREAS, as part of the SFWMD permitting process, the SFWMD has approved the flushing channels depicted in Exhibit A-1 which will result in an amendment to the Conservation Easement dated April 12, 2007 between the City of Key West and the SFWMD upon completion of the mitigation work. NOW THEREFORE, Declarant hereby unconditionally and irrevocably declares and covenants with the Corps that the Property shall be held and subject to the restrictions and conditions as set forth herein, that shall constitute a perpetual servitude on the Property, run with the Property, and be binding on all parties that have or shall have any right, title,or interest in the Property. Article I. Prohibited and Restricted Activities Any activity on, or use of, the Property inconsistent with the purposes of this Declaration is prohibited. The Property shall be maintained in its permitted, scenic,and open condition and restricted from any development or use that would impair or interfere with the conservation purposes of this Declaration. Those wetland and upland areas of the Property that are to be enhanced, created, or restored pursuant to the Permit shall be retained and maintained in the enhanced, created, or restored conditions required by the Permit. Except for activities that are permitted or required by the Permit (or any modification thereto)or the Permittee Responsible Mitigation Plan ("PRMP"), any activity on or use of the Property inconsistent with 2711 the purpose of this Declaration is prohibited. Without limiting the generality of the foregoing, the following activities are expressly prohibited in or on the Property: 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. 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 predominantly in its permitted or enhanced 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 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. Article II. Passive Recreational Facilities Grantor reserves all rights as owner of the Property including the right to engage in uses of the Property that are not prohibited herein and that are not inconsistent with any rule, criteria, the provisions of the Quitclaim Deed conveyed from United States Department of Interior(Exhibit C)and the intent and purposes of this Restrictive Covenant. Passive recreational uses that are not contrary to the purpose of this Restrictive Covenant and the Quitclaim Deed conveyed from United States Department of Interior(Exhibit B) may be permitted upon written approval by the USACE. Article III. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Restrictive Covenant Area, including the right to engage or to permit or invite others to engage in all uses of the Restrictive Covenant 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 Restrictive Covenant. Article IV. Access, Enforcement and Remedies The Corps shall have the right to enforce the terms and conditions of this Declaration, including: a) The right to take action to preserve and protect the environmental value of the Property; b) The right to prevent any activity on or use of the Property that is inconsistent with the purpose of this Declaration, and to require the restoration of areas or features of the Property that may be damaged by any inconsistent activity or use; c) The right to enter upon and inspect the Property in a reasonable manner and at reasonable times to determine if Declarant or its successors and assigns are complying with the covenants and prohibitions contained in this Declaration; 2712 d) The right to enforce this Declaration by injunction or proceed at law or in equity to enforce the provisions of this Declaration and the covenants set forth herein, to prevent the occurrence of any of the prohibited activities set forth herein, and the right to require Declarant, or its successors or assigns, to restore such areas or features of the Property that may be damaged by any inconsistent activity or use or unauthorized activities; and e) The Declarant, 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 Declaration. Article V. Duration and Applicability a) Duration. It is the intention of Declarant that the restrictions contained in this Declaration shall run with the land and with the title to the Property in perpetuity, and shall apply to and be binding upon and inure to the benefit of the successors and assigns of Declarant and to any and all parties hereafter having any right, title,or interest in the Property or any part thereof. b) Applicability. Every provision of this Declaration that applies to the Declarant or Corps shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other successors as their interests may appear. Article VI. Miscellaneous a) Owner's Rights. The Declarant, its successors and assigns, reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and that are not inconsistent with the Permit (or any modification thereto), PRMP, or the intent and purposes of this Declaration. b) Termination or Modification. This Declaration shall not be terminated or modified without the express written consent of the Corps. Any agreed upon modification shall be recorded in the public records of County, Florida. The Declarant, including their successors or assigns, shall provide the Corps at least 60-day advance notice in writing before any action is taken to amend, alter release, or revoke this Declaration. c) Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to this Declaration. d) Severability. If any provision of this Declaration or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Declaration shall not be affected thereby, as long as the purpose of the Declaration is preserved. e) Terms and Restrictions. The Declarant shall insert the terms and restrictions of this Declaration in any subsequent deed or other legal instrument by which Declarant divests itself of any interest in the Property. f) 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 success-in-interest. g) Recording. Declarant shall record this instrument in a timely fashion in the official records of County, Florida and shall re-record it at any time as may be required to preserve the Declaration. Declarant shall pay all recording costs and taxes necessary to record this Declaration in the public records. h) Binding Effect in Perpetuity. The terms, conditions, restrictions, and purposes imposed with this 2713 Declaration shall be binding upon Declarant and shall run in perpetuity with the Property. Declarant states that Declarant is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this Declaration; all mortgages and liens on the Property, if any, have been subordinated to this Declaration; and that Declarant has good right and lawful authority to make this Declaration IN WITNESS WHEREOF, Declarant has hereunto set its authorized hand the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By By As Deputy Clerk Mayor James K. Scholl 2714 EXHIBIT A [LEGAL DESCRIPTION OF PROPERTY] 2715 EXHIBIT B 2716 LUZ v N ul ol Lu �O y r'o \\\ Q _ so W W � z Q W u z .� o •� x o W N W z z W � o o >o !C —o a LU € o L x U?F 1�y w 0 CO w J_ CO CO Y U Q Q CO 2 Z O 8 o � ° y u fl W x / h o N § >< zW ¢p >G > F o W w W \„ w o z W o o W h o 0 0 z Zz z < a uo > m 'oo o 0 � o a ¢ Ow - ww w o o O_z w w o w of Q Z /� o 0 LL1 a W o w F wF p w w d Z > 2rF 0 s Exhibit A-2 SECTION 3, TOWNSHIP 68 SOUTH, L40 RANGE 25 EAST C7 L41 00 v L43 L29 L30 ��0 L44 PARCEL 41 cco L45 J ^�� L32 L47 L46 L27 �`b L33L34 L48 < \ L53 L54 L26 L35 L52 L55 v L36 asp L51 L56 �n L57 L24 CONSERVATION C 11 23 AREA W C9L58 C 1 o �2 61,677 S.F. +/— <S 2 9 k6o L19 �27 �2p L18 L117 L67 L64L61 � L13 L66 �6 L52 LEGEND �, L12 s� LB — LICENSED BUSINESS L16 L65 L11 co PSM — PROFESSIONAL SURVEYOR AND MAPPER L15 L10 \^o L72 L — LINE TABLE NUMBER v C — CURVE TABLE NUMBER L14 L9 L71 C13 N — NORTH L8 L5 L73 S - SOUTH L7 L74 w - WEST AST PARCEL 42 CL6 C14 S.F. — SQUARE FEET L4 S.F. P.B. — PLAT BOOK C2 L3 PG. — PAGE M.C.R. — MONROE COUNTY RECORDS LC1 8 L76 P.O.C. — POINT OF COMMENCEMENT P.O.B. — POINT OF BEGINNING L1 P.O.B. B NOTES: 1.THIS IS NOT A BOUNDARY SURVEY. 8 2.THIS SKETCH AND LEGAL DESCRIPTION MEETS THE "STANDARDS OF PRACTICE" FOR 8 \ SURVEYING AND MAPPING, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, 8 PURSUANT TO SECTION 472.027, FLORIDA STATUTES. g 3.ALL DISTANCES SHOWN HEREON ARE IN U.S. SURVEY FEET AND DECIMALS THEREOF. pp \ 4.THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND V SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. M 5.SEE SHEETS 2 AND 3 FOR LINE AND CURVE TABLES. v� 7- 6.SEE SHEETS 4 AND 5 FOR LEGAL DESCRIPTION AND CERTIFICATION. �n i� m- 7.ADDITIONS OR DELETIONS TO THIS DOCUMENT BY OTHERS THAN THE SIGNING PARTY OR o� r PARTIES IS PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY OR 00 N' PARTIES. M \OI Z SOUTHERLY BOUNDARY LINE OF PARCELS 8 38-42 RECORDED IN PLAT OF SURVEY, PART OF LANDS FORMERLY OWNED BY KEY WEST 8 IMPROVEMENT, INC. (P.B. 1, PG. 69, & P.B. 4, RIVIERA SHORES P.O.C. PG. 69, M.C.R.), PLAT OF SURVEY OF LANDS 8 FIRST ADDITIONON THE ISLAND OF KEY WEST (P.B. 3, PG. 35, (P.B 5, PG. 88, SOUTHEAST CORNER RIVIERA M.C.R.) ALSO BEING THE NORTH BOUNDARY M.C.R.) SHORES FIRST ADDITION P.B. 5, PG. 88 M.C.R. LINE OF KEY WEST INTERNATIONAL AIRPORT S 86'31'53" E 820.91' 8 AIRPORT BOULEVARD KEY WEST INTERNATIONAL AIRPORT REVISIONS SKETCH AND LEGAL DESCRIPTION JOBNUMeER HAWK MISSILE w O'NEAL SURVEYING E JAC2308176 & MAPPING, INC. °RaWNeV CONSERVATION AREA "A" EFG 2002 Old St. Augustine Rd. Suite A20, #116 �EErN MONROE COUNTY, FLORIDA S PhIlc850$270-21 38 01 1 OF 5 Licensed Business 7713 2718 Exhibit A-2 CT Line Table Line Table Line Table Line # Length Direction Line # Length Direction Line # Length Direction L1 5.21' S89'39'56"W L27 22.27' N32'54'39"E L53 5.61' S87'43'55"E L2 18.96' N63'36'19"W L28 35.51' N26'38'22"E L54 2.54' N84'42'27"E L3 5.38' N61'34'26"W L29 19.19' N50'24'28"E L55 1.88' S30'38'09"E L4 26.99' N51'37'21"W L30 32.06' N87'10'01"E L56 8.18' S74'39'29"E L5 3.91' N46'44'54"W L31 14.21' S11'52'15"E L57 3.10' S56'46'47"E L6 12.78' N61'20'09"W L32 12.61' S12'36'25"W L58 4.13' S49'59'45"W L7 13.86' N58'56'55"W L33 15.38' S46'30'36"E L59 78.80' S61'21'04"E L8 20.77' N50'56'26"W L34 16.32' S74'37'33"E L60 38.76' S73'39'07"E L9 12.54' N58'15'31"W L35 26.86' N43'58'29"E L61 1.36' S15*28'31"E L10 2.41' N36'00'41"W L36 2.00' N76'50'40"E L62 10.84' S46'49'51"W L11 13.30' N62'10'09"W L37 9.88' N42'10'36"E L63 12.75' S53'57'59"W L12 4.07' N48'04'21"W L38 41.01' N50'48'23"E L64 5.39' N83'49'34"W L13 7.10' N55'57'19"W L39 50.43' N46'47'41"E L65 8.53' S75'34'57"W L14 13.09' N66'18'46"W L40 6.62' S37'27'10"E L66 40.96' N82'41'40"W L15 16.36' N54'16'32"W L41 8.37' S32'21'45"E L67 8.98' S35'33'17"W L16 4.49' N66'27'35"W L43 18.18' S53'49'46"W L68 20.62' S45'02'42"E L17 13.47' N58'47'31"W L44 20.22' S43'57'08"W L69 15.93' S1 1'18'36"W L18 12.40' N75'12'30"W L45 3.36' S34'02'31"W L70 44.24' S26'35'54"W L19 10.58' N63'46'39"W L46 22.97' S47'27'13"W L71 9.27' S24'50'38"E L20 66.95' N59'11'16"W L47 14.04' S26'33'59"W L72 2.80' S32'02'07"E L21 8.10' N63'05'07"W L48 13.87' S05'11'36"W L73 3.32' S48'25'04"E L22 83.20' N55'01'53"W L49 20.61' S29'10'02"E L74 6.30' S60'41'38"E L23 9.82' N58'53'12"W L50 62.18' S61'14'34"E L75 10.08' S57'58'10"E L24 6.27' N79'12'06"W L51 13.00' S75'28'45"E L76 10.17' S21'10'26"W L25 27.04' N09'08'37"E L52 2.27' S87'24'31"E L26 9.54' N87'44'44"E REVISIONS °HTE °EBCRIPnON SKETCH AND LEGAL DESCRIPTION J08 NUMBER: HAWK MISSILE w O'NEAL SURVEYING E JAC230817B CONSERVATION AREA "A1l & MAPPING, INC. °R- E, EG 2002 Old St. Augustine Rd. Suite A20, #116 1�77�E'�T Nam. MONROE COUNTY, FLORIDA S PhIIc850$270-232301 F 5 Licensed Business 7713 2719 Exhibit A-2 CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BEARING C1 10.18' 119.11' 04'53'53" 10.18' N71°45'33"W C2 14.99' 66.12' 12`59'19" 14.96' N74`41'36"W C3 9.44' 16.77' 32°16'07" 9.32' N58°23'09"W C4 10.48' 11.38' 52`45'26" 10.12' N55`56'29"W C5 15.77' 20.30' 44'31'10" 15.38' N37°10'41"E C6 13.86' 30.63' 25`55'20" 13.74' N21`03'13"E C7 20.08' 14.54' 79'07'38" 18.52' S85°33'36"E C8 18.02' 87.77' 11`45'56" 17.99' S09`40'37"E C9 13.47' 73.85' 10`26'52" 13.45' S81`28'36"E C10 8.19' 42.44' 11*03'38" 8.18' N78°03'54"E C1 1 14.92' 43.29' 19`44'38" 14.84' S28`38'41"W C12 18.18' 94.40' 11*01'54" 18.15' S15'44'14"W C 13 16.46' 1 1 1.61' 08`27'00" 16.45' S40`59'1 YE C14 19.72' 308.42' 03'39'51" 19.72' S63°40'35"E REVISIONS UHTE D-RIPnON SKETCH AND LEGAL DESCRIPTION J08 NUMBER: HAWK MISSILE w O'NEAL SURVEYING E JAC230817B CONSERVATION AREA "A1l & MAPPING, INC. .R- E, EG 2002 Old St. Augustine Rd. Suite A20, #116 1�77�E'lT Nam. MONROE COUNTY, FLORIDA S PhIIc850$270-232301 F 5 Licensed Business 7713 2720 Exhibit A-2 LEGAL DESCRIPTION HAWK MISSILE CONSERVATION AREA "A" A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 68 SOUTH, RANGE 25 EAST, IN MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF RIVIERA SHORES FIRST ADDITION, AS RECORDED IN PLAT BOOK 5, PAGE 88, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, THENCE S 86'31'53" E, 820.91 FEET, ALONG THE SOUTHERLY BOUNDARY LINE OF PARCELS 38-42 OF PLAT OF SURVEY, PART OF LANDS FORMERLY OWNED BY KEY WEST IMPROVEMENT, INC., AS RECORDED IN PLAT BOOK 1, PAGE 69 AND PLAT BOOK 4, PAGE 69, AND THE PLAT OF SURVEY OF LANDS ON THE ISLAND OF KEY WEST AS RECORDED IN PLAT BOOK 3, PAGE 35, ALL AS RECORDED IN THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA AND THE NORTH BOUNDARY LINE OF THE KEY WEST INTERNATIONAL AIRPORT, PER SURVEY BY AVIROM & ASSOCIATES, INC. DATED JUNE 23, 2016; THENCE DEPARTING SAID AIRPORT BOUNDARY LINE N 03°28'07" E, 432.49 FEET TO THE POINT OF BEGINNING; THENCE S 89'39'56" W, 5.21 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY 10.18 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 119.11 FEET, A CENTRAL ANGLE OF 04`53'53" AND A CHORD BEARING N 71`45'33" W, 10.18 FEET; THENCE N 63°36'19" W, 18.96 FEET; THENCE N 6134'26" W, 5.38 FEET; THENCE N 5137'21" W, 26.99 FEET; THENCE N 46°44'54" W, 3.91 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY 14.99 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 66.12 FEET, A CENTRAL ANGLE OF 12°59'19" AND A CHORD BEARING N 74°41'36" W, 14.96 FEET; THENCE N 61°20'09" W, 12.78 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY 9.44 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 16.77 FEET, A CENTRAL ANGLE OF 32`16'07" AND A CHORD BEARING N 58°23'09" W, 9.32 FEET; THENCE N 58'56'55" W, 13.86 FEET; THENCE N 50°56'26" W, 20.77 FEET; THENCE N 58°15'31" W, 12.54 FEET; THENCE N 36°00'41" W, 2.41 FEET; THENCE N 62°10'09" W, 13.30 FEET; THENCE N 48`04'21" W, 4.07 FEET; THENCE N 55`57'19" W, 7.10 FEET; THENCE N 66`18'46" W, 13.09 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY 10.48 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 11.38 FEET, A CENTRAL ANGLE OF 52°45'26" AND A CHORD BEARING N 55°56'29" W, 10.12 FEET; THENCE N 54°16'32" W, 16.36 FEET; THENCE N 66°27'35" W, 4.49 FEET; THENCE N 58'47'31" W, 13.47 FEET; THENCE N 75°12'30" W, 12.40 FEET; THENCE N 63`46'39" W, 10.58 FEET; THENCE N 59°11'16" W, 66.95 FEET; THENCE N 63`05'07" W, 8.10 FEET; THENCE N 55°01'53" W, 83.20 FEET; THENCE N 58°53'12" W, 9.82 FEET; THENCE N 79°12'06" W, 6.27 FEET; THENCE N 09°08'37" E, 27.04 FEET; THENCE N 87°44'44" E, 9.54 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY 15.77 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.30 FEET, A CENTRAL ANGLE OF 44°31'10" AND A CHORD BEARING N 37°10'41" E, 15.38 FEET; THENCE N 32°54'39" E, 22.27 FEET; THENCE N 26°38'22" E, 35.51 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY 13.86 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 30.63 FEET, A CENTRAL ANGLE OF 25'55'20" AND A CHORD BEARING N 21°03'13" E, 13.74 FEET; THENCE N 50°24'28" E, 19.19 FEET; THENCE N 87`10'01" E, 32.06 FEET; THENCE S 11`52'15" E, A DISTANCE OF 14.21 FEET; THENCE S 1236'25" W, 12.61 FEET; THENCE S 4630'36" E, 15.38 FEET; THENCE S 74°37'33" E, 16.32 FEET; THENCE N 43°58'29" E, 26.86 FEET; THENCE N 76°50'40" E, 2.00 FEET; THENCE N 42°10'36" E, 9.88 FEET; THENCE N 50'48'23" E, 41.01 FEET; THENCE N 46°47'41" E, 50.43 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY 20.08 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 14.54 FEET, A CENTRAL ANGLE OF 79°07'38" AND A CHORD BEARING S 8533'36" E, 18.52 FEET; THENCE S 37`27'10" E, 6.62 FEET; THENCE S 32°21'45" E, 8.37 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY 18.02 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 87.77 FEET, A CENTRAL ANGLE OF 11°45'56" AND A CHORD BEARING S 09'40'37" E, 17.99 FEET; THENCE S 53°49'46" W, 18.18 FEET; THENCE S 43°57'08" W, 20.22 FEET; THENCE S 34°02'31" W, 3.36 FEET; THENCE S 47°27'13" W, 22.97 FEET; THENCE S 26'33'59" W, 14.04 FEET; (CONTINUED ON SHEET 5 OF 5) REVISIONS °HTE °EBCRIP °N SKETCH AND LEGAL DESCRIPTION J08 NUMBER: HAWK MISSILE w O'NEAL SURVEYING E -N JA BY:78 CONSERVATION AREA "A" & MAPPING, INC. DRAWN BV: EFG 2002 Old St. Augustine Rd. Suite A20, #116 SHEET N°. MONROE COUNTY, FLORIDA S PhIIc850$270-21 38 01 40F5 Licensed Business 7713 2721 Exhibit A-2 LEGAL DESCRIPTION HAWK MISSILE CONSERVATION AREA "A" (CONTINUED FROM SHEET 4 OF 5) THENCE S 05°11'36" W, 13.87 FEET; THENCE S 29°10'02" E, 20.61 FEET; THENCE S 61°14'34" E, 62.18 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY 13.47 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 73.85 FEET, A CENTRAL ANGLE OF 10`26'52" AND A CHORD BEARING S 81`28'36" E, 13.45 FEET; THENCE S 75°28'45" E, 13.00 FEET; THENCE S 87`24'31" E, 2.27 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY 8.19 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 42.44 FEET, A CENTRAL ANGLE OF 11°03'38" AND A CHORD BEARING N 78°03'54" E, 8.18 FEET; THENCE S 87°43'55" E, 5.61 FEET; THENCE N 84`42'27" E, 2.54 FEET; THENCE S 30°38'09" E, 1.88 FEET; THENCE S 7439'29" E, 8.18 FEET; THENCE S 56°46'47" E, 3.10 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST; THENCE SOUTHWESTERLY 14.92 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 43.29 FEET, A CENTRAL ANGLE OF 19`44'38" AND A CHORD BEARING S 2838'41" W, 14.84 FEET; THENCE S 49`59'45" W, 4.13 FEET; THENCE S 61°21'04" E, 78.80 FEET; THENCE S 73°39'07" E, 38.76 FEET; THENCE S 15'28'31" E, 1.36 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY 18.18 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 94.40 FEET, A CENTRAL ANGLE OF 11`01'54" AND A CHORD BEARING S 15`44'14" W, 18.15 FEET; THENCE S 46`49'51" W, 10.84 FEET; THENCE S 53°57'59" W, 12.75 FEET; THENCE N 83`49'34" W, 5.39 FEET; THENCE S 7534'57" W, 8.53 FEET; THENCE N 82°41'40" W, 40.96 FEET; THENCE S 35°33'17" W, 8.98 FEET; THENCE S 45°02'42" E, 20.62 FEET; THENCE S 11°18'36" W, 15.93 FEET; THENCE S 26'35'54" W, 44.24 FEET; THENCE S 24°50'38" E, 9.27 FEET; THENCE S 32°02'07" E, 2.80 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY 16.46 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 111.61 FEET, A CENTRAL ANGLE OF 08°27'00" AND A CHORD BEARING S 40`59'13" E, 16.45 FEET; THENCE S 48`25'04" E, 3.32 FEET; THENCE S 60`41'38" E, 6.30 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY 19.72 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 308.42 FEET, A CENTRAL ANGLE OF 0339'51" AND A CHORD BEARING S 63`40'35" E, 19.72 FEET; THENCE S 57°58'10" E, 10.08 FEET; THENCE S 21°10'26" W, 10.17 FEET TO THE POINT OF BEGINNING. CONTAINING 61,677 SQUARE FEET, MORE OR LESS. 0\ w ow e(\se Nine 'o qi J` 6027 Digitally signed by Michael $�m STATE OF a4Q= Michael W WO'Neal �i�s�o FLo" a�g O'Neal DOa4tee::2023.10.2710:56:34 g as Survey0v.. MICHAEL W.O'NEAL,PSM PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO.6027 REVISIONS °HTE °EBCRIP °" SKETCH AND LEGAL DESCRIPTION J08 NUMBER: HAWK MISSILE w O'NEAL SURVEYING E JAC2308178 CONSERVATION AREA "A" � MAPPING, INC. °RnwN Ev: EFG 2002 Old St. Augustine Rd. Suite A20, #116 SHEET N°. MONROE COUNTY, FLORIDA S PhIIc850$270-21 38 01 50F5 Licensed Business 7713 2722 Exhibit A-3 SECTION 3, TOWNSHIP 68 SOUTH, \ RANGE 25 EAST L80 L 0 POINT P.O.B. �a2 �83 CONSERVATION �\m ,A. 'B-2' AREA'B-2' L34 , 11 � 2,697 S.F. �l8'L89 C7 3 L88 CA 4 L86 L32 L37 L87 L49 C6 �6, L3839 L50 \ L298 Cg ^ L40 L51 L52 L227 0 .46� L53 PARCEL 41 C3 25 G `o >:� is L26 L42 Loa A L24 L23 ry �; �� L56 L22 LEC ND L21h LL18 Cs� L58 LB - LICENSED BUSINESS L17 PSM - PROFESSIONAL SURVEYOR AND MAPPER �.1Ar �j L60 L - LINE TABLE NUMBER C - CURVE TABLE NUMBER �j L61 NS - NORTH �1 CONSERVATION C 12 L62 E - EAST C2 AREA B 1 C 13 �,A L63 S.F. - 9WUARE FEET L10 L12 64,294 S.F. L64 +/— P.B. - PLAT BOOK L65 G. - PAGE L9 C 1 L66 M.C.R. - MONROE COUNTY RECORDS �� L67 P.O.C. - POINT OF COMMENCEMENT L68 P.O.B. - POINT OF BEGINNING co 1 L69 L� L70 J NOTES J L72 1.THIS IS NOT A BOUNDARY SURVEY. L2 L73 2.THIS SKETCH AND LEGAL DESCRIPTION MEETS THE "STANDARDS OF PRACTICE" FOR SURVEYING AND MAPPING, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL L74 SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, P.O.B. I4 L75 PURSUANT TO SECTION 472.027, FLORIDA STATUTES. 'B-1' IM LL76 3.ALL DISTANCES SHOWN HEREON ARE IN U.S. SURVEY FEET AND DECIMALS THEREOF. 0 flflux 4.THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND 8� SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. OW 5.SEE SHEETS 2 AND 3 FOR LINE AND CURVE TABLES. Ro 6.SEE SHEETS 4 AND 5 FOR LEGAL DESCRIPTION AND CERTIFICATION. 10 7.ADDITIONS OR DELETIONS TO THIS DOCUMENT BY OTHERS THAN THE SIGNING PARTY OR RO PPARTIES ARTIES,IS PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY OR P.O.C. SOUTHEAST SOUTHERLY BOUNDARY LINE OF PARCELS 38-42 RIVIERA SHORES CORNER RIVIERA RECORDED IN PLAT OF SURVEY, PART OF LANDS FIRST ADDITION SHORES FIRST FORMERLY OWNED BY KEY WEST IMPROVEMENT, INC. (P.B 5, PG. 88. ADDITION (P.B. 1, PG. 69. & P.B. 4, PG. 69. M.C.R.), PLAT OF M.C.R.) P.B. 5, PG. 88 fl SURVEY OF LANDS ON THE ISLAND OF KEY WEST (P.B. M.C.R. 8 3, PG. 35, M.C.R.) ALSO BEING THE NORTH BOUNDARY Li LINE OF KEY WEST INTERNATIONAL AIRPORT AIRPORT BOULEVARD KEY WEST INTERNATIONAL AIRPORT REVISIONS SKETCH AND LEGAL " DESCRIPTION O'NEAL SURVEYING HAWK MISSILE w E C230�m8176 & MAPPING INC. Rx CONSERVATION AREA "B" EFG 2002 Old St. Augustine Rd. Suite A20, #116 s�EET"I MONROE COUNTY FLORIDA Tallahassee, 3 8301 � 3 Ph. 850-270—213 1 OF 5 Licensed Business 7713 2723 Exhibit A-3 Line Table Line Table Line Table Line # Length Direction Line # Length Direction Line # Length Direction L1 1070.82' S86°31'53"E L31 5.93' N09°23'24"W L61 16.09' SOT 17'36"E L2 34.51' N18°22'58"E L32 2.09' N44°23'12"E L62 4.57' S22°01'33"E L3 4.86' N14°02'59"E L33 7.75' N62°40'47"E L63 7.46' S29°33'39"E L4 13.91' N19°13'02"W L34 3.38' S64°50'1YE L64 2.37' S12°38'55"W L5 32.57' N08°44'45"W L35 11.84' S73°29'49"E L65 15.95' S64°42'50"W L6 30.51' N24°44'00"E L36 59.37' S31°04'23"E L66 3.42' SO4°39'37"E L7 8.45' N05°42'43"E L37 3.10' N44°28'30"E L67 7.95' N86°38'43"W L8 23.50' N33°49'05"W L38 5.07' N63°19'23"E L68 9.24' N51°04'12"W L9 1.36' N41°34'06"W L39 10.79' N70°01'20"E L69 13.86' S59°28'59"W L10 13.56' N22°19'45"W L40 16.14' S39°43'26"E L70 14.03' S58°55'30"W L11 13.73' N51°33'00"E L41 21.36' S33°47'36"W L71 297.69' S63°57'27"W L12 9.23' N31°21'47"E L42 2.68' S56°17'46"W L72 14.83' S44°27'12"W L13 23.75' N53°23'03"E L43 34.91' S31°00'53"E L73 10.19' S39°54'54"W L14 82.54' N68°40'03"E L44 27.37' S66°34'1YE L74 7.24' S50°54'00"W L15 26.62' N53°18'39"E L45 39.79' N10°40'11"W L75 8.33' S28°26'36"W L16 27.24' N36°52'1 1"E L46 10.27' N66°54'1 1"E L76 1.44' S71°26'00"W L17 1.36' N55°40'55"E L47 25.94' S35°54'42"E L77 9.94' N62°32'22"W L18 4.00' N31°11'26"E L48 12.96' N74°32'00"E L78 105.51' N64°06'17"E L19 8.34' N09°42'24"E L49 21.20' N59°21'53"E L79 10.64' N42°27'57"E L20 12.42' N17°34'44"E L50 5.01' N63°08'28"E L80 5.08' N52°48'36"E L21 7.65' N36°52'11"W L51 22.14' N57°54'06"E L81 35.03' N65°00'07"E L22 15.56' N27°18'49"W L52 12.08' S30°37'40"E L82 14.52' N75°37'57"E L23 19.88' N38°59'34"W L53 5.65' S25°05'51"E L83 36.55' S53°25'25"E L24 4.11' S80°06'32"W L54 41.61' S41°49'32"E L84 14.58' S50°54'47"W L25 11.16' S67°38'27"W L55 34.95' S19°45'30"E L85 35.16' S64°33'38"W L26 16.30' N30°20'28"W L56 5.28' S10°46'46"E L86 15.08' S59°45'41"W L27 4.77' N28°39'05"E L57 23.87' S43°58'19"E L87 5.79' N88°03'27"W L28 1.41' N04°21'48"W L58 17.90' S28°08'42"E L88 5.00' N25°02'21"W L29 6.74' N37°41'50"W L59 24.15' S17°30'34"E L89 24.99' N29°38'09"W L30 30.44' N39°40'39"W L60 10.02' S29°14'31"E REVISIONS °HTE D-RIPnON SKETCH AND LEGAL DESCRIPTION J08 NUMBER: HAWK MISSILE w O'NEAL SURVEYING E JAC2308178 CONSERVATION AREA "B" & MAPPING, INC. DRAWN BV: EFG 2002 Old St. Augustine Rd. Suite A20, #116 SHEET NO. MONROE COUNTY, FLORIDA S PhIIc850s 270-21 38 01 2 OF 5 Licensed Business 7713 2724 Exhibit A-3 CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BEARING C1 13.23' 21.75' 34°50'42" 13.02' N50°03'24"E C2 5.70' 6.58' 49`37'39" 5.52' N24`11'09"E C3 8.48' 11.51' 42°13'51" 8.29' N35°31'14"E C4 12.35' 71.56' 09`53'09" 12.33' N34`08'27"W C5 17.73' 147.50' 06*53'13" 17.72' N45°58'40"W C6 6.29' 16.1 1' 22`21'54" 6.25' N 10`42'26"E C7 6.14' 10.50' 33°29'32" 6.05' N52°32'43"E C8 16.52' 123.24' 07`40'54" 16.51' N78`42'09"E C9 15.46' 67.83' 13°03'32" 15.43' S40°27'43"W C10 1 1.40' 21.02' 31°04'46" 11.26' N22°59'41"E C1 1 7.17' 28.49' 14°24'44" 7.15' N43`51'51"W C12 10.32' 10.04' 58°53'59" 9.87' N83°28'22"W C13 2.40' 2.39' 57`25'57" 2.30' S30°46'10"W C14 10.27' 44.89' 13°06'32" 10.25' S78°12'47"W REVISIONS UHTE D-RIPnON SKETCH AND LEGAL DESCRIPTION J08 NUMBER: HAWK MISSILE w O'NEAL SURVEYING E JAC230817B CONSERVATION AREA "B" & MAPPING, INC. .R- E, EG 2002 Old St. Augustine Rd. Suite A20, #116 1�77�E'lT NO. MONROE COUNTY, FLORIDA S PhIIc850s 270-232301 F 5 Licensed Business 7713 2725 Exhibit A-3 LEGAL DESCRIPTION HAWK MISSILE CONSERVATION AREA"B-1" A PARCEL OF LAND LYING IN SECTION 3,TOWNSHIP 68 SOUTH, RANGE 25 EAST, IN MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF RIVIERA SHORES FIRST ADDITION,AS RECORDED IN PLAT BOOK 5, PAGE 88, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,THENCE S 86-31'53" E, 1070.82 FEET,ALONG THE SOUTHERLY BOUNDARY LINE OF PARCELS 38-42 OF PLAT OF SURVEY, PART OF LANDS FORMERLY OWNED BY KEY WEST IMPROVEMENT, INC.,AS RECORDED IN PLAT BOOK 1, PAGE 69 AND PLAT BOOK 4, PAGE 69,AND THE PLAT OF SURVEY OF LANDS ON THE ISLAND OF KEY WEST AS RECORDED IN PLAT BOOK 3, PAGE 35,ALL AS RECORDED IN THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA AND THE NORTH BOUNDARY LINE OF THE KEY WEST INTERNATIONAL AIRPORT, PER SURVEY BY AVIROM &ASSOCIATES, INC. DATED JUNE 23, 2016;THENCE DEPARTING SAID AIRPORT BOUNDARY LINE N 03-28-07" E,405.32 FEET TO THE POINT OF BEGINNING;THENCE N 18°22'58" E,34.51 FEET; THENCE N 14°02'59" E,4.86 FEET;THENCE N 19°13'02"W, 13.91 FEET;THENCE N 08°44'45"W,32.57 FEET;THENCE N 24°44'00" E,30.51 FEET;THENCE N 05°42'43" E,8.45 FEET;THENCE N 33°49'05"W, 23.50 FEET;THENCE N 41-34'06"W, 1.36 FEET;THENCE N 22'19'45"W, 13.56 FEET;THENCE N 51'33'00" E, 13.73 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST;THENCE NORTHEASTERLY 13.23 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 21.75 FEET,A CENTRAL ANGLE OF 34-50,42"AND A CHORD BEARING N 50-03'24" E, 13.02 FEET;THENCE N 31'21'47" E,9.23 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST;THENCE NORTHEASTERLY 5.70 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 6.58 FEET,A CENTRAL ANGLE OF 49°37'39"AND A CHORD BEARING N 24°11'09" E,5.52 FEET;THENCE N 53°23'03" E, 23.75 FEET;THENCE N 68°40'03" E,82.54 FEET;THENCE N 53°18'39" E,26.62 FEET;THENCE N 36°52'11" E, 27.24 FEET; THENCE N 55°40'55" E, 1.36 FEET;THENCE N 31°11'26" E,4.00 FEET;THENCE N 09°42'24" E,8.34 FEET;THENCE N 17°34'44" E, 12.42 FEET;THENCE N 36°52'11"W, 7.65 FEET;THENCE N 27°18'49"W, 15.56 FEET;THENCE N 38°59'34"W, 19.88 FEET;THENCE S 80°06'32"W,4.11 FEET;THENCE S 67°38'27"W, 11.16 FEET;THENCE N 30°20'28"W, 16.30 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST;THENCE NORTHEASTERLY 8.48 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 11.51 FEET,A CENTRAL ANGLE OF 42'13'51"AND A CHORD BEARING N 35'31'14" E,8.29 FEET;THENCE N 28'39'05" E,4.77 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST;THENCE NORTHWESTERLY 12.35 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 71.56 FEET,A CENTRAL ANGLE OF 09-53'09"AND A CHORD BEARING N 34-08'27"W, 12.33 FEET;THENCE N 04'21'48"W, 1.41 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST;THENCE NORTHWESTERLY 17.73 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 147.50 FEET,A CENTRAL ANGLE OF 06°S3'13"AND A CHORD BEARING N 45°58'40"W, 17.72 FEET;THENCE N 37°41'50"W,6.74 FEET;THENCE N 39°40'39"W,30.44 FEET;THENCE N 09°23'24"W, 5.93 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST;THENCE NORTHERLY 6.29 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 16.11 FEET,A CENTRAL ANGLE OF 22°21'54"AND A CHORD BEARING N 10-42-26" E,6.25 FEET; THENCE N 44'23'12" E, 2.09 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST;THENCE NORTHEASTERLY 6.14 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 10.50 FEET,A CENTRAL ANGLE OF 33'29'32"AND A CHORD BEARING N 52'32'43" E,6.05 FEET;THENCE N 62'40'47" E,7.75 FEET;THENCE S 64'50'13" E, 3.38 FEET;THENCE S 73'29'49" E, 11.84 FEET TO POINT"A";THENCE S 31'04'23" E, 59.37 FEET;THENCE N 44'28'30" E, 3.10 FEET;THENCE N 63'19'23" E,5.07 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH; THENCE EASTERLY 16.52 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 123.24 FEET,A CENTRAL ANGLE OF 07°40'54"AND A CHORD BEARING N 78°42'09" E, 16.51 FEET;THENCE N 70°01'20" E, 10.79 FEET;THENCE S 39°43'26" E, 16.14 FEET;THENCE S 33°47'36"W, 21.36 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST;THENCE SOUTHWESTERLY 15.46 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 67.83 FEET,A CENTRAL ANGLE OF 13-03-32"AND A CHORD BEARING S 40-27-43"W, 15.43 FEET;THENCE S 56°17'46"W, 2.68 FEET;THENCE S 31°00'53" E,34.91 FEET;THENCE S 66°34'13" E,27.37 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST;THENCE NORTHEASTERLY 11.40 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 21.02 FEET,A CENTRAL ANGLE OF 31-04'46"AND A CHORD BEARING N 22-59'41" E, 11.26 FEET;THENCE N 10'40'11"W, 39.79 FEET;THENCE N 66'54'11" E, 10.27 FEET;THENCE S 35-54'42" E, 25.94 FEET;THENCE N 74'32'00" E, 12.96 FEET;THENCE N 59'21'53" E,21.20 FEET;THENCE N 63-08'28" E,5.01 FEET;THENCE N 57'54'06" E,22.14 FEET;THENCE S 30'37'40" E, 12.08 FEET;THENCE S 25°05'51" E, 5.65 FEET;THENCE S 41°49'32" E,41.61 FEET;THENCE S 19°45'30" E,34.95 FEET;THENCE S 10°46'46" E, 5.28 FEET; (CONTINUED ON SHEET 5 OF 5) REVISIONS °HTE °EBCRIP °" SKETCH AND LEGAL DESCRIPTION J08 NUMBER: HAWK MISSILE w O'NEAL SURVEYING E JAC-NBY 8 CONSERVATION AREA "B" & MAPPING, INC. DRAWN BV: EFG 2002 Old St. Augustine Rd. Suite A20, #116 SHEET N°. MONROE COUNTY, FLORIDA S Ph850 Tallahassee,0-233801 40F5 Licensed Business 7713 2726 Exhibit A-3 (CONTINUED FROM SHEET 4 OF 5) THENCE S 43°58'19" E, 23.87 FEET;THENCE S 28°08'42" E, 17.90 FEET;THENCE S 17'30'34" E, 24.1S FEET; THENCE S 29°14'31" E, 10.02 FEET;THENCE S 07°17'36" E, 16.09 FEET;THENCE S 22'01'33" E,4.57 FEET;THENCE S 29-33'39" E, 7.46 FEET;THENCE S 12'38'5S"W,2.37 FEET;THENCE S 64°42'50"W, 15.95 FEET;THENCE S O4-39'37" E, 3.42 FEET;THENCE N 86'38'43"W,7.95 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST;THENCE NORTHWESTERLY 7.17 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 28.49 FEET,A CENTRAL ANGLE OF 14-24'44"AND A CHORD BEARING N 43-51'51"W, 7.15 FEET;THENCE N S1'04'12"W, 9.24 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH;THENCE WESTERLY 10.32 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 10.04 FEET,A CENTRAL ANGLE OF 58-53'59"AND A CHORD BEARING N 83°28'22"W,9.87 FEET;THENCE S 59°28'59"W, 13.86 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST;THENCE SOUTHWESTERLY 2.40 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2.39 FEET,A CENTRAL ANGLE OF 57°2S'57"AND A CHORD BEARING S 30-46-10"W, 2.30 FEET;THENCE S 58°55'30"W, 14.03 FEET;THENCE S 63°57'27"W,297.69 FEET;THENCE S 44°27'12"W, 14.83 FEET;THENCE S 39°54'54"W, 10.19 FEET;THENCE S 50°54'00"W,7.24 FEET;THENCE S 28°26'36"W,8.33 FEET;THENCE S 71-26'00"W, 1.44 FEET;THENCE N 62'32'22"W,9.94 FEET TO THE POINT OF BEGINNING. CONTAINING 64,294 SQUARE FEET, MORE OR LESS. LEGAL DESCRIPTION HAWK MISSILE CONSERVATION AREA"B-2" A PARCEL OF LAND LYING IN SECTION 3,TOWNSHIP 68 SOUTH, RANGE 25 EAST, IN MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE AFOREMENTIONED POINT"A";THENCE N 64°06'17" E, 105.51 FEET TO THE POINT OF BEGINNING;THENCE N 42'27'57" E, 10.64 FEET;THENCE N 52'48'36" E, 5.08 FEET;THENCE N 6S'00'07" E,35.03 FEET;THENCE N 75'37' 57" E, 14.52 FEET;THENCE S 53'25' 25" E, 36.55 FEET;THENCE S 50'S4'47"W, 14.58 FEET; THENCE S 64'33'38"W, 35.16 FEET;S 59'45'41"W, 15.08 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST;THENCE SOUTHWESTERLY 10.27 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 44.89 FEET,A CENTRAL ANGLE OF 13-06'32"AND A CHORD BEARING S 78-12'47"W, 10.2S FEET;THENCE N 88-03' 27"W, 5.79 FEET;THENCE N 25'02' 21"W, 5.00 FEET;THENCE N 29'38'09"W, 24.99 FEET TO THE POINT OF BEGINNING. CONTAINING 2,697 SQUARE FEET, MORE OR LESS. CONTAINING 66,991 TOTAL SQUARE FEET, MORE OR LESS(AREA"B-1"AND AREA"B-2") .WIN olive, <�'u�� p apse Nu o 6027e^ 3 Michael W Digitally signed by Michael �°�� STATE OF �QQ W O'Neal ss� FLORIDA J. Date:2023.10.27 10:57:56 4 01>17 O'Neal -04'00' ''%1, SUrveyO MICHAEL W.O'NEAL,PSM PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO.6027 REVISIONS °ATE OESCRIRII°" SKETCH AND LEGAL DESCRIPTION JOB NUMBER: HAWK MISSILE w O'NEAL SURVEYING E JAC2308178 CONSERVATION AREA "B" MAPPING, INC. oRne"Er. EFG 2002 Old St. Augustine Rd. Suite A20, #116 SHEET"°. MONROE COUNTY, FLORIDA S PhIIc850s 270Fl.-233801 5 OF 5 Licensed Business 7713 2727 Exhibit B RESOLUTION NO. 07-115 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, APPROVING THE ATTACHED DEED OF CONSERVATION EASEMENT BETWEEN THE CITY OF KEY WEST AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AT THE HAWK MISSILE SITE; PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, AS FOLLOWS : Section 1 : That the attached Deed of Conservation Easement is hereby approved. Section 2 : That this Resolution shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the Commission. Passed and adopted by the City Commission at a meeting held this 3 day of April , 2007 . Authenticated by the presiding officer and Clerk of the Commission on April 4 , 2007 . Filed with the Clerk April 4 2007 . 6aN41 MORGAN M HERSON, YOR AT CHERYL SMITIN, CITY CLERK 2728 EXECUTIVE SUMMARY r ° v TO: Julio Avael, City Manager FROM: E. David Fernandez, General Services Director 62 7 DATE: March 20, 2007 SUBJECT: Approval of a Conservation Easement with the South Florida Water Management District at the Hawk Missile Site Action statement: Approving a conservation easement at the Hawk Missile Site with the South Florida Water Management District (SFWMD) consistent with the terms of the Impact Assessment and Mitigation Plan agreement between the City and SFWMD associated with the maintenance of our stormwater system. Strategic Plan/Business Plan: Stormwater improvements and environmental preservation play a critical role in both the City's Strategic Plan and Business Plan under the Environmental Management category. Background: The South Florida Water Management District and the US Army Corps of Engineers have informed the City that its emergency work last year in clearing and trimming mangroves and salt marsh to maintain the function of our stormwater system required permits under their State and federal regulatory jurisdiction. To address the enforcement action taken by these agencies, the City has prepared an impact assessment and mitigation plan agreement with the SFWMD. This conservation easement is required as per this agreement. Purpose & Justification: As part of this easement, the City agrees to protect existing natural habitat in the Salt Ponds surrounding the Hawk Missile Site. In addition, the City will plant red mangroves in designated areas of this property, and provide conditions favorable to future native plant growth. 2729 The City will also perform work to greatly improve the flow of water between the ponds. This will facilitate tidal flow, improve water quality, and assist the surrounding neighborhood in flood recovery. Options: 1. Approving the conservation easement with the South Florida Water Management District. This option is consistent with preservation requirements in the original land conveyance. 2. The City could choose not to approve the easement. However, not approving the easement would result in legal proceedings that will result in significant monetary or additional mitigation penalties for the City. Financial Impact: This easement is part of an agreement that will augment the City's short and long-term capital improvement plan for our Stormwater Utility. Projects within the mitigation plan will be financed and planned within the Utility's existing and future annual budgets. Recommendation: The staff recommends option #1, the approval of the conservation easement agreement with the South Florida Water Management District. 2730 Return recorded document to: South Florida Water Management District 3301 Gum Chub Road,MSC West Palm Beach,FL 33406 DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is given this day of 20 ,by the City of Key West ("Grantor") whose mailing address is to the South Florida Water Management District ("Grantee"). As used herein, the term "Grantor" shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term "Grantee" shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Monroe County,Florida,and more specifically described in Exhibit"I"attached hereto and incorporated herein("Property"); and WHEREAS, the Grantor desires to provide mitigation to address certain unauthorized activities at sites in Monroe County, which are subject to the regulatory jurisdiction of South Florida Water Management District("District");and WHEREAS, District Consent Order No. ("Consent Order")authorizes this mitigation;and WHEREAS, this Consent Order requires that the Grantor preserve, enhance, restore and mitigate wetlands and uplands under the District's jurisdiction;and WHEREAS, the Grantor, in consideration of resolution of the enforcement case against Grantor as addressed in the Consent Order, is agreeable to granting and securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes, over the area descried on Exhibit"IT'("Conservation Easement"). NOW, THEREFORE, Grantor hereby grants, creates, and establishes a perpetual Conservation Easement for and in favor of the Grantee upon the property described on Exhibit "IT' which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. Form No. 1190 Standard Rev.03/2006 2731 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. &Wse* It is the purpose of this Conservation Easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife and to be consistent with the provisions of the Quitclaim Deed conveyed from United States Department of Interior and the Department of Defense (Exhibit IQ) to the City of Key West for a public park and recreational area Those wetland and/or upland areas included in this Conservation Easement which are to be enhanced or created pursuant to the Consent Agreement shall be retained and maintained in the enhanced or created conditions required by the Consent Agreement. To carry out this purpose,the following rights are conveyed to Grantee by this easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry,and b. To enjoin any activity on or use of the Property that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Conservation Easement that may be damaged by any inconsistent activity or use. 3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, or other activities described herein that are permitted or required by the Consent Agreement, the following activities are prohibited in or on the Conservation Easement: 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. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance 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 or enhanced condition; Form No. 1190 2 Standard Rev.03/2006 2732 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 and fencing; g. Acts or uses detrimental to such aforementioned retention of land or water areas, 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. Passive Recreational Facilities. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and that are not inconsistent with any District rule, criteria, the Consent Agree rent, provisions of the Quitclaim Deed conveyed from United States Department of Interior and the Department of Defense(Exhibit III.), and the intent and purposes of this Conservation Easement. Passive recreational uses that are not contrary to the purpose of this Conservation Easement and the Quitclaim Deed conveyed from United States Department of Interior and the Department of Defense (Exhibit III) may be permitted upon written approval by the District. a. The Grantor may conduct limited land clearing for the purpose of constructing such pervious facilities as docks,boardwalks or mulched walking trails. b. The construction and use of the approved passive recreational facilities shall be subject to the following conditions: i. Grantor shall minimize and avoid, to the fullest extent possible, impact to any wetland or upland buffer areas within the Conservation Easement Area and shall avoid materially diverting the direction of the natural surface water flow m such area; ii. Such facilities and improvements shall be constructed and maintained utilizing Best Management Practices; iii. Adequate containers for litter disposal shall be situated adjacent to such facilities and improvements and periodic inspections shall be instituted by the maintenance entity, to clean any litter from the area surrounding the facilities and improvements; iv. This Conservation Easement shall not constitute permit authorization for the construction and operation of the passive recreational facilities. Any such work shall be subject to all applicable federal, state, District or local permitting requirements Form No. 1190 3 Standard Rev.03/2006 2733 5. Grantor's Reed flits. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and which are not inconsistent with any District rule, criteria, permit and the intent and purposes of this Conservation Easement and the provisions of the Quitclaim Deed conveyed from United States Department of Interior and the Department of Defense(E)hibit Ili. 6. No Dedication. No right of access by the general public to any portion of the Property is conveyed by this Conservation Easement. 7. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities related to the operation,upkeep or maintenance of the Property, 8. Property Taxes. Grantor shall keep the payment of taxes and assessments on the Easement Parcel current and shall not allow any lien on the Easement Parcel superior to this Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in addition to any other remedy, the Grantee may, but shall not be obligated to, elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the Grantee, together with Grantee's reasonable attorney's fees and costs, with interest at the maximum rate allowed by law, no later than thirty days after such payment. In the event the Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute alien against the Easement Parcel which shall automatically relate back to the recording date of this Easement. Grantee may foreclose this lien on the Easement Parcel in the manner provided for mortgages on real property. 9. 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. 10. &MmgM 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. 11. SnTpbil tv. 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. 12. Terms and Restrictions. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Conservation Easement. The Grantor shall comply with all the provisions of the Quitclaim Deed conveyed from United States Department of Interior and the Department of Defense (Exhibit III) and be subject to all applicable provisions of the Clean Water Act of 1977, Form No. 1190 4 Standard Rev.03/2006 2734 Executive Order 11990 for Protection of Wetlands, Executive Order 11988 for Floodplam Management and Title 14, Code of Federal Regulations (CFR) Part 77, entitled "Objects Affecting Navigable Airspace". 13. 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. 14. 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. 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 Property. Grantor hereby covenants with said Grantee that Grantor is lawfiilly seized of said Property in fee simple; that the Conservation Easement is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement; and all mortgages and liens on the Conservation Easement area, if any, have been subordinated to this Conservation Easement; and that Grantor has good right and lawful authority to convey this Conservation Easement;and that it hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. Form No. 1190 5 Standard Rev. 03/2006 2735 IN WITNESS WHEREOF, (Grantor) has hereunto set its authorized hand this day of 20 a Florida corporation By: Print e: if/ S Title: Signed, sealed and delivered in our a ence as wit ses: By: Print Name: r By: Print Name: " U SAoJ STATE OF FLORIDA ss: COUNTY OF `rn On this day of 20 77 before me, the undersigned notary public, personally appeared the person who subscribed to the foregoing instrument, as the (title), of (Corporation), a Florida corporation, and o edged thd he/she executed & same n behalf of said corporation and that he/she was duly authorized to do so. He,/She is personally know to me ot low pr- god a IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA LA�Md�'J' A)-f'x at-., Print Name: AW49 S. AgAA.,4A Pamela S. DeMala My Commission Expires 7 ply ;, , "Canmissfon#DD592976 • es See 10 ��:�,;��,E�XP�,Fam i0�me+�er 7 20 7018 Form No. 1190 6 Standard Rev. 03/2006 2736 MONrtOB BOUNTY [BILE # 1 2 9 1. 2 8 7 omcrAL RRCORDS Hrt# l 7 7 2 PG#1 2 1 4 RCD Apr 01 20OZ 02 : 46PM COPY 7t DANNY L KOLOAGB, CZBKK QUITCLAIM DEED The UNITED STATES OF AMERICA, acting by and through the Secretary of the Interior, acting by and through the Regional Director, Southeast Region, National Park Service, (hereinafter designated "GRANTOR") under and pursuant to the power and authority contained in the provisions of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, and particularly as amended by Public Law 485, 91 st Congress, and regulations and orders promulgated thereunder, and a delegation of that authority to the Secretary of Defense (SECDEF) in accordance with the Defense Base Closure and Realignment Act of 1990, Public Law 101-510, 10 U.S.C. 2687 note, as amended, and a subsequent delegation of the authority by SECDEF to the Secretary of the Navy, for and in consideration of the perpetual use of the hereinafter described premises for public park and public recreation area purposes by the City of Key West, Florida, (hereinafter designated "GRANTEE"), does hereby release and quitclaim to GRANTEE, and to its successors and assigns, subject to the reservations, exceptions, restrictions, conditions and covenants hereinafter expressed and set forth, all GRANTOR'S right, title and interest in and to the following described property, consisting of 43.77 acres in fee, known as the Hawk Missile Site, at the former Naval Air Station, Key West, Monroe County, Florida, and being more particularly described in EXHIBIT "K, attached hereto and incorporated herein by reference. THIS CONVEYANCE is made subject to any and all existing rights-of-way, easements, covenants and agreements affecting the above-described premises, whether or not the same now appear of record. TO HAVE and to Hold the hereinbefore described property, subject to the reservations, exceptions, restrictions, conditions and covenants herein expressed and set forth unto the GRANTEE, its successors and assigns, forever; The GRANTEE acknowledges that it has inspected, is aware of, and accepts the condition and state of repair of the PROPERTY, that the PROPERTY is conveyed "as is' and "where is" without any representation, promise, agreement, or warranty on the part of the GRANTOR regarding such condition and state of repair, or regarding the making of any alterations, improvements, repair or additions, or as to its usability generally or as to Its fitness for any particular purpose, and that the GRANTOR shall not be liable for any latent or patent defect in the PROPERTY, except to the extent required by applicable law and except for the covenant, representation and indemnities of GRANTOR contained herein. EXHIBIT III 2737 P FILC # 1 2 9 1 2 8 7 BK# 1 7 7 2 PG# 1 2 1 5 PURSUANT to authority contained in the Federal Property and Administrative Services Act of 1949, as amended, and applicable rules, regulations and orders promulgated thereunder, and a delegation of that authority to the Secretary of Defense (SECDEF) in accordance with the Defense Base Closure and Realignment Act of 1990, Public Law 101-510, 10 U.S.C. 2687 note, as amended, and a subsequent delegation of the authority by SECDEF to the Secretary of the Navy, the Department of the Navy determined the subject property to be surplus to the needs of the United States of America and assigned the property to the Department of the Interior for further conveyance to the City of Key West, Florida. IT IS AGREED and understood by and between the GRANTOR and GRANTEE, and the GRANTEE, by its acceptance of this deed, does acknowledge its understanding of the agreement, and does covenant and agree to itself, and its successors and assigns,forever, as follows: 1. This property shall be used and maintained for the public park and recreation purposes for which it was conveyed in perpetuity as set forth in the program of utilization and plan contained in the application, submitted by the GRANTEE in April 1999, which program and plan may be amended from time to time at the request of either the GRANTOR or GRANTEE, with the written concurrence of the other party, and such amendments shall be added to and become a part of the original application. 2. The GRANTEE shall, within 6 months of the date of the deed of conveyance, erect and maintain a permanent sign or marker near the point of principal access to the conveyed area which says: This park land was acquired through the FEDERAL_ LANDS TO PARKS PROGRAM of the United States Department of the Interior, National Park Service, for use by the general public. 3. This property shall not be sold, leased, assigned, or otherwise disposed of except to another eligible governmental agency that the Secretary of the Interior agrees in writing can assure the continued use and maintenance of the property for public park or public recreational purposes subject to the same terms and conditions in the original instrument of conveyance. However, nothing in this provision shall preclude the GRANTEE from providing related recreational facilities and services compatible with the approved application, through concession agreements entered into with third parties, provided prior concurrence to such agreements is obtained in writing from the Secretary of the Interior. 4. From the date of this conveyance, the GRANTEE, its successors and assigns, shall submit biennial reports to the Secretary of the Interior, setting forth 2 J 2738 FILE # 1 2 9 1 2 B 7 BR# 1 7 7 2 PG# 1 2 1 1, the use made of the property during the preceding 2-year period, and other pertinent data establishing its continuous use for the purposes set forth above, for ten consecutive reports and as further determined by the Secretary of the Interior. 5. Funds generated on this property may not be expended for non-recreation purposes. Until this property has been fully developed in accordance with the Program of Utilization, all revenues generated on this property must be used for the development, operation and maintenance of this property. After this property has been fully developed in accordance with the Program of Utilization, revenue generated on this property may be expended on other recreation properties operated by the GRANTEE 6. As part of the consideration for the Deed, the GRANTEE covenants and agrees for itself, its successors and assigns, that (1) the program for or in connection with which this Deed is made will be conducted in compliance with, and the GRANTEE, its successors and assigns, will comply with all requirements imposed by or pursuant to the regulations of the Department of the Interior in effect on the date of this Deed (43 C.F.R. Part 17) issued under the provisions of Title VI of the Civil Rights Act of 1964; (2) this covenant shall be subject in all respects to the provisions of said regulations; (3) the GRANTEE, its successors and assigns, will promptly take and continue to take such action as may be necessary to effectuate this covenant; (4) the United States shall have the right to seek judicial enforcement of this covenant, and (5) the GRANTEE, its successors and assigns, will (a) obtain from each other person (any legal entity) who, through contractual or other arrangements with the GRANTEE, its successors and assigns, is authorized to provide services or benefits under said program, a written agreement pursuant to which such other person shall, with respect to the services or benefits which he is authorized to provide, undertake for himself the same obligations as those imposed upon the GRANTEE, its successors and assigns, by this covenant, and (b) furnish a copy of such agreement to the Secretary of the Interior, or his successor; and that this covenant shall run with the land hereby conveyed, and shall in any event, without regard to technical classification or designation, legal or otherwise, be binding to the fullest extent permitted by law and equity for the benefit of, and in favor of the GRANTOR and enforceable by the GRANTOR against the GRANTEE, its successors and assigns. 7. The GRANTEE agrees to comply with the requirements of Public Law 90-480 (82 Stat 718) , the Architectural Barriers Act of 1968, as amended by Public Law 91-205 of 1970 (84 Stat. 49), to assure that development of facilities on conveyed surplus properties for public park and recreation purposes are accessible to the physically handicapped; and, further assure in accordance with Public Law 93-112, the Rehabilitation Act of 1973 (87 Stat. 394), that no otherwise qualified handicapped individual shall solely by reasons of his 3 2739 FILE # 1 2�9 1 2 S 7 BK# a 7 7 2 PG# 1 2 1 7 handicap be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 8. The GRANTEE further covenants and agrees to comply with the National Environmental Policy Act of 1969, as amended, the 1977 Amendments to the Federal Water Pollution Control Act (Clean Water Act of 1977), and Executive Order 11990 (May 24, 1977), for Protection of Wetlands and Executive Order 11988 (May 24, 1977)for Floodplain Management, where and to the extent said amendments and Orders are applicable to the property herein conveyed, and GRANTEE shall be subject to any use restrictions issued under said Amendments and Orders. 9. GRANTEE covenants for itself, its successors and assigns to the Premises, or any part thereof, that any construction or alteration is prohibited unless a determination of no hazard to air navigation is issued by the Federal Aviation Administration in accordance with Title 14, Code of Federal Regulations (CFR), Part 77, entitled "Objects Affecting Navigable Airspace," or under the authority of the Federal Aviation Act of 1958, as amended. 10. A document entitled "A Finding of Suitability to Transfer' (FOST) and a second document entitled "Addendum for Transfer" are attached as EXHIBIT"B" and EXHIBIT "C", respectively, to this Deed; an Environmental Baseline Survey (EBS) report is referenced in the FOST; the FOST, the Addendum and EBS reference environmental conditions on the Property. Such notice of environmental conditions included in those documents are incorporated herein by reference. The FOST and Addendum sets forth the basis for the GRANTOR'S determination that the Property is suitable for transfer. The GRANTEE is hereby made aware of the notification contained in the EBS, the FOST and the Addendum. 11. head-Based Paint ("LBP*). a. A 1996 inspection team identified cans marked "lead-paint" stored in an adjacent bunker used by the veteran's group which occupied the property for a period of time. Therefore, it is presumed that lead-based paint was applied to the exteriors and interiors of the buildings. However, the subject structures are not considered target housing. The GRANTEE hereby acknowledges receipt of a Lead-Based Paint Hazard Disclosure and Acknowledgement Form for Non-Residential Structures. b. The GRANTEE covenants and agrees that in its use and occupancy of the Property, it will comply with all applicable 4 • 2740 FrLa 2 9 1 2 8 7 7 7 2 PG# 1 2 1 8 Federal, State, and local laws relating to LBP in non-residential structures. The GRANTEE acknowledges that the GRANTOR assumes no liability for damages for personal injury, illness, disability, or death to the GRANTEE, or to any other person, including members of the general public, arising from or incident to the purchase, transportation, removal, handling, use, disposition, or other activity causing or leading to contact of any kind whatsoever with LBP on the Property, whether the GRANTEE has properly warned, or failed to properly warn, the persons injured. 12. NOTICE OF HAZARDOUS SUBSTANCE OR PETROLEUM PRODUCT STORED FOR ONE YEAR OR MORE, KNOWN TO HAVE BEEN RELEASED OR DISPOSED OF. a. In accordance with Section 120(h)(3)(A)(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as amended, (42 U.S.C. 9620(h)(3)(A)(i), GRANTOR advises GRANTEE that EXHIBIT "D" summarizes pertinent information from the EBST prepared to assess the overall environmental conditions of the PROPERTY which provides all available information based upon a complete search of agency files by GRANTOR of those hazardous substances known to have been stored for one year or more, released or disposed of on the PROPERTY, to include if known, the type and quantity of such hazardous substances, the date such storage, release or disposal took place and a description of all remedial action(s)taken. b. One 2,000-gallon aboveground storage tank(AST)was removed from the Subject Property in 1996. Sampling conducted during the site indicated the presence of diesel fuel in the soil. Soil was excavated and disposed of during the interim removal action conducted in 1999. 13. Pursuant to Section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, (CERCLA), 42 U.S.C. § 9620(h)(3), GRANTOR covenants and warrants that all remedial action necessary to protect human health and the environment with respect to any known hazardous substance or petroleum product remaining on the Property has been taken before the date of this deed, and any additional remedial action found to be necessary after the date of this Deed shall be conducted by GRANTOR; provided, however, that the foregoing covenant shall not apply in any case in which GRANTEE of any or all of the Property is a potentially responsible party with respect to the Property. 5 2741 N'ZL� l 2 9 1 2 8 7 8993- 772 PG# 121c} 14. GRANTEE covenants that in accordance with CERCLA Section 120(h)(3)(A)(iii), that the GRANTOR, its officers, agents, employees, contractors and subcontractors, shall have access to the Property in any case in which remedial action or corrective action is found to be necessary after the date hereof. The right to enter shall include the right to conduct activities related to environmental investigation, and to carry out remedial or removal actions as required or necessary under applicable authorities, including, but not limited to monitoring wells, pumping wells and treatment facilities. The right of access includes the right of access to, and use of, to the extent permitted by law, available utilities at reasonable cost to GRANTOR. These access rights are in addition to those granted to federal, state and local authorities under appropriate and applicable environmental laws and regulations GRANTEE agrees to cooperate with activities of the GRANTOR in furtherance of this covenant and will take no action to interfere with future necessary remedial and investigative actions of the GRANTOR. The GRANTOR and GRANTEE agree to cooperate In good faith to minimize any conflict between necessary environmental investigation and remediation activities and operations of GRANTEE, its successors and assigns, and of any lessee or any sublessee of the Property. Any inspection, survey, investigation or other response or remedial action will to the extent practicable, be coordinated with representatives designated by GRANTEE or its successors and assigns. 15. GRANTEE covenants and agrees for itself and its successors, assigns, lessees and/or licensees that it shall provide written notice to the GRANTOR of any subsequent sale, assignment or lease of the PROPERTY, or any portion thereof, and provide contact information concerning the new owner or occupant. 16. GRANTEE covenants and agrees for itself and its successor, assigns, lessees and/or licensees that in the event that GRANTEE conveys any of the PROPERTY by deed, lease, license or other such interest, GRANTEE shall impose upon the party to whom such property is transferred the requirements, duties and obligations contained herein. 17. The Federal government shall hold harmless, defend and indemnify the City of Key West and any future successor, assignee, transferee, lender, or lessee of the Subject Property from any suit, demand, cost, or liability arising out of any claim for personal injury or property damage that may result from, or be predicated upon, the release or threatened release of any hazardous substance, pollutant, or contaminant resulting from Department of Defense activities on the property subject to the conditions specified in, and to the extent authorized, by Section 330 of Public Law 102-484. 18. The GRANTOR, and any representative it may so delegate, shall have the right of entry upon said premises at any time to conduct inspections of the 6 r 2742 FrL6 # 1 2 s 1 2 8 7 ` 6K#1 7 7 2 PG# 1 2 20 property for the purpose of evaluating the GRANTEE'S compliance with the terms and conditions of this deed. 19. In the event there is a breach of any of the conditions and covenants herein contained by the GRANTEE, its successors and assigns, whether caused by the legal or other inability of the GRANTEE, its successors and assigns, to perform said conditions and covenants, or otherwise, all right, title and interest in and to said premises shall revert to and become the property of the GRANTOR at its option, which in addition to all other remedies for such breach shall have the right of entry upon said premises, and the GRANTEE, its successors and assigns, shall forfeit all right, title and interest in said premises and in any and all of the tenements, hereditaments and appurtenances thereunto belonging; provided, however, that the failure of the Secretary of the Department of the Interior to require in any one or more instances complete performance of any of the conditions or covenants shall not be construed as a waiver or relinquishment of such future performance, but the obligation of the GRANTEE, its successors and assigns, with respect to such future performance shall continue in full force and effect. In the event of a reversion, the GRANTEE agrees to provide an acceptable level of protection and maintenance of the property until title has actually reverted. GRANTEE, by acceptance of this deed, covenants and agrees for itself and its successors and assigns that in the event GRANTOR exercises its option to revert all right, title, and interest in and to the Premises to GRANTOR, or GRANTEE voluntarily returns title to the Premises in lieu of a reverter, then GRANTEE shall provide protection to, and maintenance of the Premises at all times until such time as the title is actually reverted or returned to and accepted by GRANTOR. Such protection and maintenance shall, at a minimum, conform to the standards prescribed by the General Services Administration in Federal Property Management Regulations (FPMR) 101-47.4913 (41 CFR Part 101) now in effect. LIST OF EXHIBITS: The following exhibits are attached hereto and made a part of this Deed: EXHIBIT"A7 - Description of PROPERTY EXHIBIT"B" - Finding of Suitability to Transfer EXHIBIT"C" - Addendum for Transfer EXHIBIT OD" - Hazardous Substance List IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in its name and on its behalf this the 1,'7 day of M gf2-e:& , 2002. 7 2743 FILB # 1 2 9 1 2 8 7 8K# 1 7 7 2 PG# 1 2 2 1 UNITED STATES OF AMERICA Acting by and through the Secretary of the Interior Through: Regional Director, Southeast Region National Park Service Wallace C. Brittain Chief Recreation and Conservation Division National Park Service Southeast Region WITNESSES: STATE OF GEORGIA COUNTY OF FULTON On this IZ!b of ,�rr , 2002, before me, the subscriber, personally appeared Wallace C. Brittain, Chief, Recreation and Conservation Division, Southeast Region, National Park Service, of the United States Department of the Interior, a governmental agency of the United States of America, and known to me to be the same person described in and who executed the foregoing instrument, as the act and deed of the United States of America, for and on behalf of the Secretary of the Interior, duly designated, empowered and authorized so to do by said Secretary and he acknowledges that he executed the foregoing instrument for and on behalf of the United States of America for the purposes and uses therein described. NOTARY PUBLIC My commission expires: Nay"a,R WWVj0 Goun�y,o+aal6s MY commWw" 2Q, s 1 2744 FIL@ # 1 2 9 1 2 8 7 @K 1 772 PG#1222 The foregoing conveyance is hereby accepted and the undersigned agrees, by this acceptance, to assume and be bound by all the obligations, conditions, covenants and agreements therein contained. City of Key West, Florida By A At 4 0 Julio A ael City Ma ager STATE OF FLORIDA COUNTY OF MONROE On this day of Ola 2002, before me, the undersigned officer, personally appeared Julio Avail, to me known and known to me to be the same person whose name is subscribed to the foregoing acceptance, who being by me duly sworn, did depose and say that he is the City Manager of the City of Key West, Florida, that he is duly designated, empowered and authorized by Resolution No. 99-169 dated May 20, 1999, to execute the foregoing acceptance . and sign his name thereto; and that he signed his name, thereto and acknowledges that he executed the foregoing for and on behalf of the City of Key West, Florida, for the purposes and uses therein desc rii5 NOTARY PUB6 My commission expires: MAW) 1003 Maria G.Ratdiff ?, { MY COMMISSION CC82p020 E%81RES Match 2Z 20M �'Eno, rHBIS"FAW MtRANa W- 2745 FILE # 1 2 9 1 2 8 7 B K# 1 7 7 2 P G# 1 2 2- 3 EXHIBIT "A" INTERNATIONAL AIRPORT LEGAL DESCRIPTION: (Easterly Parcel, Hawk Ste): A parcel of land located in Sections 33 and 34, Township 67 South, Range 25 East and Sections 3 and 4. Township 68 South, Range 25 East, on the island of Key West, Monroe County, Florida and being more particularly described as follows: Begin at the Northeast corner of Parcel 41, PLAT OF SURVEY, PART OF LANDS FORMERLY OWNED BY THE KEY WEST IMPROVEMENT, INC.", according to the Plat thereof, as recorded in Plot Book 2, Page 69, of the Public Records of Monroe County, Florida; thence SA W03`22E., along the Easterly Line of said Parcel 41 a distance of 1692.60 feet to the Southeast corner of Parcel 41; thence N.86'30'52"W., a distance of 974.45 feet to the Southwest comer of Parcel 41 (Southeast comer of Parcel 42); thence N.8F30`52"IN., a distance of 487.22 feet to the West line of the East one—half of Parcel 42; thence N.19'03'22"W., along the said West line of the East one—half of Parcel 42 a distance of 1132.26 feet to the North Line of Parcel 42; thence NJU56'38"E., a distance of 450.00 feet to the Northeast corner of said Parcel 42 (Northwest corner of Parcel 41); thence N.7(Y56'38"E.. a distance. of 900.00 feet to the Point of Beginning. Parcel contains 1906780.50 square feet, or 43.77 Acres more, or less. LESS: (F.A.A. Site) A parcel of land located on the Island of Key West, Monroe County, Florida, and known as a portion of Tracts 41 and 42, "PLAT OF SURVEY, PART OF LANDS FORMERLY OWNED gY KEY WEST IMPROVEMENT. INC. , according to the Plot thereof. as recorded in fiat Book 4, at page 69 of the Public Records of Monroe County, Florida, and being more particularly described 'as follows: Commence at the Northwest comer of said Tract 41; thence S 1 T03'22" E along the Southwesterly Line of Tract 41, (Northeasterly line of Tract 42) for 229.27 feet to a chain link fence and the Point of Beginning; thence N.73'42'52"E., and along the said chain link fence a distance of 234.38 feet; thence S.O737'43W., a distance of 158.45 feet; thence N.81'23'00"W., a distance of 71.28 feet; thence S.83'4634"W., a distance Of 236.64 feet; thence 5.70'21'29W., a distance of 32.35 feet to a chain link fence; thence N.20'37'44"W., and along the chain link fence a distance Of 22.51 feet; thence N.4(718'01"E., a distance of 105.31 feet, along the chain link fence; thence N 73*42*52" E and continuing along the chain link fence for 60.73 feet to the Point of 'beginning. Parcel contains 35823.12 square feet or 0.82238 acres, more or less_ 1 2746 (14) �" Centerline SO' wide eaeernent Description: 50' wide ingress do egress easement:rent located on the island of A fifty (50) foot wide ingress and egress more porticulory dssrribed as Key VYtst, Monroe County. Florida. and being CORAL ESTATES". J follows: Commence at the Northeast corner of Lot 1. according to the plat thereof, as recorded in Plat Book 3, at Page 97 of the Public Records of Monroe County, Florida. said point also lies on the Sisterly Right-of-Way Line of Flogier Avenue and having State Plane m Coordinates (based on Morido East Zone, 1983/1990) of N 82648.26, E 399309.86; thence S.70'55'16"W along the said Southeasterly Right-of-Way H Une of Flagier Avenue a distance of 326.94 feet to the centerline of N, Govemment Road and the Point of Beginning of the Centerline of the sold 50 �' 0 foot wide ease"nt (said easement �n9 25 feet on each side of the H following metes and bounds deserlPti on; thence S.23'06 5B"E.. along the said �y centerline of Governm�t Rood a distance of 417.01 feet to the end of 58 feet to the Government Road; thence S. 00'17" le a distance rode of 400.00 feet. point of curvature of ° curve to the left. hwinSi: , central angle of 20'39'05". a chord bearing of S.70`i 9'49"E. and a chord length of 143.39 feet; thence along the arc of said curve, an arc length of 144.17 feet to the Poles of tangency of said curve; thence S.80'3921"E., a distance of 56.37 feet to the Point .of curvoture of ° curve to the left, a chord homing: a radius 1�•� feet, entrol anfq 303.Ee of feat:26' 9 � along the bearing of S.89'22 51`E. and o chord Ilengtho am of said curve, am arc Wqth of �e feet of t236.54 feet�thanc Of e N 8�4' Of said curve; thence N.81 53 40"E.. a OWE. a distance of 123.40 feet to the point of curvature of a curet to the left.- having: a radius of 200.00 feet, a central angle O fe�r37'thence dwd bearing of N.78'47' E.12" and o chord of f 37 07 feet to the Point of along the ore of said curve, an arc lengthto tangency of said curve: thence N.7726 38'E.. a distance of 124.00 fact 0 the point of curvature of a cuffs to the right. having: a•redoes of 500.00 feet, a control a * of 1 T32'43", o chord beaifn9 of N.8r 1 6'00"E. and o chord length of 15Z.51 feet thence- 9 the arc of sold cur",thence rc urs length of 153.11 feet to the po ngeneY of *aid curve; 5$`38"E., o distance of 203.9$ feet: thence N.89r33 33"E.• a distend of 223.67 feat: thence N.89'23'2M, a distance of 1774.37a radius 6 f eet to f t. a the Point of curvature of a curvy to the eft. having: central N.3S09'28"E. and a chord length of angle of 106'27"W. a chord hearing arc length of 113.58 feet 97.37 feet; thence ° arc of sold cUrV4, (In said cures: #hence N.19r04'27V.. a distance of to the faint of of a curve to the right. having: ° 515.55 feet to the point of curvature of N.05' radius of 115.00 feet, a c rtroi angle of 49rc a a" the �no f said 30'19"E. and a chord length of 95.67 feet; of langsncY of said curve; curve, an arc leno of 98.67 feet to the point rc of thence N.3(rO5'05T-. a distance of 146-54 feet to the point of curvature a curve to the right, haft'. a radius of 200.00 feet, a central anglef 36' length of 124.29 feet; 12'19". a chord bearing of N.413'1t't5"E. and o o� 12 feat to a chain thence a" the arc of said curve. an arc length link fence and the end of the centerline of a 50 foot wide ingress and egress eflsernent and whose coordinates are N 63049.47 and 0E feet Northe; thence along a baseline of a 35 foot wide Eosernent being of and 25 feet Southerly of and poranel with the said baseline for the -13 following three (3) metes and bounds; (t) thence N 70'21'S9 81 23'OO"for2E for feet; (2Xhence N 83-46'34" E for 233.18 feet! thence (3) 71.03 feet�ates to N 83074.85 sand E 4t?3 Z8.93,a eaaemetnt and whose cserr' 2747 FUR 9 1 2 9 1 2 8 7 EyMIT "B" PK# 1 7 7 2 PG# 1 2 2 5 FINDING OF SUITABILITY TO TRANSFER HAWK MISSILE SITE(KW-65) KEY WEST,FLORIDA 1.0 Purpose_ This Finding of Suitability to Transfer(FOST)documents my determination,as the responsible Department of Defense(DOD)component official,that the real property and associated improvements known as Hawk Missile Site KW-65(Subject Property),Naval Air Station Key West,Florida,are environmentally suitable for deed transfer to the City of Key West Navy Properties Local Redevelopment Authority(NPLRA)for use in accordance with the NPLRA's Redevelopment Plan and the Public Benefit Conveyance for conservation and recreational use approved by the Department of the Interior(DOI). This decision is based on my review of information contained in the attached Addendum to the Environmental Baseline Survey(EBS), and the Reuse Plan developed by the NPLRA. Factors leading to this decision and other pertinent information related to property transfer requirements are stated below. 2.0 Property Description The Subject Property comprises±43 acres of land acquired by the United States in 1964 for the establishment of an Army Shore Defense Unit,Hawk Wiissile Command as further described in the attached EBS. 3.0 Past and Proposed Reuse The land was undeveloped with an extensive system of salt ponds at the tmr,of acquisition. The Army filled some of the ponds to allow construction of the mobile launch equipment pads and berms. The property was transferred to the Navy in the early 1980s. The Navy had no operations on the Subject Property. A Vietnam Veterans group obtained a license from the Navy in 1994 for use as a"stand down"location. Proposed use would include medical checkups,meals,and clothing dispersement. Ultimately,the group set up residence in tents and occupied the property full time. The Navy nullified the license in 1995. At no time during the documented Government ownership of the Subject Property has it been used as an industrial site. The Subject Property is currently vacant. Proposed land use is for conservation and recreation. 4.0 Environmental Findin All available information concerning the past storage,release or disposal of any hazardous substances and/or petroleum products on the Subject Property as collected through record searches,available aerial photographs,personnel interviews and on-site visual inspections conducted is contained in the attached EBS. The Subject Property has been inspected annually since 1994. The following paragraphs summarize those findings and corresponding DoD condition of property classifications assigned to the Subject Property. A. Hazardous Substances Contamination An Addendum for Transfer(AFT)has been prepared documenting additional information acquired since development of the EBS. A Site Inspection, conducted in Pagel of 5 1 2748 F I Tr E,` # 1 2 9 1 2 8 7 BK# 1772 PC,# 122e; FINDING OF SUITABILITY TO TRANSFER HAWK MISSILE SITE(KW-65) KEY WKSTt FLORIDA 1998 determined there had been hazardous substances releases resulting in levels above residential action levels in the following locations: Subzone 1 (2._ e# eat: Dit�enzo(a,h)anthracenc was detected at 122.3 µg1k:g in excess of its 100 Mg/kg action level in one soil sample. Arsenic was detected at the FDEP residential action level of 2.7 mg/kg. Telephone poles treated with creosote had been stored in this area and are considered to be the cause of the release,, The conclusion was that no fitrther action was necessary for subzone 1. (TT'Nus, 1998) ubzone 9 0 -S nt : Several inorganics were detected in excess of their FDEP action levels at various locations. Lead was present above its action level of 34.19 mg/kg in all locations. Two semi-volatile organic compounds(SVOCs)were detected in excess of their action levels at SD-05. One pesticide,4,4'-DDE,was found in excess of its action level at SD-05 and SD-08. No VOCs were detected. The investigation included a calculation of noncarcinogenic risks for aluminum,barium,copper, vanadium,and zinc. The calculations indicated none of these organics presented significant human health risks. Ecological risks were also calculated. All chemicals detected in excess of their action levels exceeded ecological guidelines. Most;however, only slightly exceeded their threshold effects level(TEL)or were infrequently detected. (TTNus, 1998) Lead found in sample SD-05 was the only inorganic that was considered to pose potential ecological risks. Four other chemicaLs"found in sample SD- 05 were found to exceed the most conservative ecological guidelines(cadmium,bis(2- ethyllzexyl)Phthalate,4,4-DDE and butyl benzyl phthalate). It was decided that an interim removal action(IRA)should be conducted at subzone 9. A drawing showing the location of the sub-zones is attached to the Addendum for Transfer as Attachment 1. The IRA resulted in the removal of soil and sediment from two locations as shown in Attachment 2 to the Addendum for Transfer- The excavation at SD-08 was filled with clean fill to return the area to grade. A proposal of no further remedial action required was entered in the Decision Document for Ten Base Realignment and Closure(BRAG) Sites,Naval Air Station Key West,Florida(DD). Public comments were received on this proposal and incorporated into the DD. B. Petroleum Contamination One 2,000-gallon aboveground storage tank(AST)was removed from the Subject Property in 1996. Sampling conducted during the site closure indicated the presence of diesel fuel in the soil. Soil was excavated and disposed of during the interim removal action conducted in 1999. Page 2 of 2749 FILE t1291287 AKt 1 7 7 2 PGt 1 2 27 FINDING OF SUITABILITY TO TRANSFER HAWK MISSILE SITE(KW-65) KEY WEST FLORIDA C. Other Environmental Aspects 1. Asbestos-Containing Material(ACM) Non friable asbestos-containing material(ACM}was observed only in the man administration building in the form of vinyl floor tiles and transite paneling during the 1994 site visit. During the licensed use in 1995-1996 by the Disabled Vietnam Veterans,the building was gutted and rebuilt. This building was transferred to the FAA in 1999. The remaining buildings,which are included in this transfer, did not contain ACM. 2. Lead-Based Paint(LBP) During an annual site visit in 1996,the inspection team noted cans marked"lead paint" were stored in an adjacent bunker by the veterans group. Therefore,it is presumed that the veterans group did apply lead-basal paint to the exteriors and possibly the interior of the buildings. These structures are not considered target housing. A Lead-Based Paint Hazard Notice is provided as Attachment 1 to this FOST. 3.0 Polychlorinated Biphenyls(PCBs) Three pad-mounted transformers were located inside a fenced enclosure on the Subject Property. At some point in time after the Army vacated the property,the cores were stripped by trespassers and dielectric f[Wd was released. Initial sampling of the area indicated very low levels of PCB concentrations were present in the soil. Subsequent sampling by NAS Key West did not indicate any PCB contamination. Three soil samples were taken outside the enclosure and one inside during the 1998 SI. Aluminum,barium,cadmium,chromium,copper,inn, lead,manganese,nickel, thalliu n,tin,vanadium,and zinc were detected at concentrations below their action level One PCB(aroohlor-1260)and one SVOC(bis(2-ethylhexyl)phtha1ate)were detected below thee`action levels. No further remedial action was necessary 4.0 Radon No radon survey was conducted at the Subject Property. Due to the results from radon sampling conducted at Sigsbee Park,there is no expectation that radon is present at the Subject Properly in quantities that exceed the EPA action level of 4 picoCuries per liter. 5.0 Requirements Applicable to Transfer A. National Environmental Policy Act(NEPA) An Environmental Assessment was prepared in accordance with the National Environmental Policy Act requirements to assess the potential environment impacts Finding of associated with the proposed transfer and reuse of the excess property. No Significant Impact was signed in February 2000. Page 3 of 5 1 2750 FILE # 1 2 9 1 2 8 7 BR# 1 7 7 2 PG# 1 2 2 8 FINDING OF SUITABILITY TO TRANSFER HAWK MISSILE SITE(KW-65) KEY WEST,FLORIDA B. Hazard Substance Notice In accordance with Section 120(h)(3XAx)of the Comprehensive Environmental Response,Compensation,and Liability Act(CERCLA),the deed transferring the Subject Property must provide notice as to those hazardous substances which it is known,based upon a complete search of agency files,were stored for one year or more, released,or disposed of on the Subject Property and all response actions taken to date. A list of hazardous substances detected on the Subject Property and the appropriate response taken is attached to this FOST as Exhibit 1. C. CERCLA Covenants In accordance with CERCLA Section 120(h)(3)(AXit')(I),the deed transferring the Subject Property shall contain a covenant warrandng that all remedial action necessary to protect human health and the environs with respect to any hazardous substance remaining on the property has been taken before the date of transfer. In accordance with CERCLA Section 120(h)(3)(A)(u)(II),the deed transferring the Subject Property shall contain a covenant warranting that any additional remedial action found to be necessary after the date of transfer shall be conducted by the United States. D. CERCLA Access Clause In accordance with CERCLA 120(h)(3)(A)(ii),the deed transferring the Subject Property shall contain a clause granting the United States access to the property in any case in which a response action or corrective action is found to be necessary after such date at such property, or such access is necessary to carry out a response action or corrective action on adjoining property. The right to enter to be set forth shall include the right to conducts tests,investigations, five-year reviews, surveys,and,where necessary, drdiing,test pitting,bong,and other similar activities. Such right shall also include the right to construct,operate,maintain, or undertake any other response action or corrective action as requited or necessary, including but not limited to,monitoring wells,pumping wells,and treatment facilities. These access rights are in addition to those granted to federal,state,and local authorities under appropriate and applicable environmental regulations. E. Land and/or Groundwater Restrictions There are no groundwater or land restrictions associated with the transfer or reuse of the Subject Property. The Subject Property contains several salt ponds and any development of the property will require compliance with applicable federal,state, and local wetlands and environmental laws and regulations. Pegs 4 of 5 1 2751 RILE # 1291''157 BK# 1 7 7 2 PG# 1 2 2 9 FINDING OF SUITABILITY TO TRANSFER HAWK MISSILE SITE(KW-65) KEY WEST,FLORIDA F. Indemnification The federal government shall bold harmless,defend,and indemnify the NPLRA and any firm successor,assignee,transferee,lender,or lessee of the Subject Property from any suit,demand,cost or liability arising out of any claim far personal injury or property damage that may result from, or be predicated upon,the release or threatened release of any hazardous substance,pollutant,contaminant,petroleum product,or petroleum derivative resulting from Department of Defense activities on the property subject to the conditions specified in and to the extent authorized by Section 330 of Public Law 102- 484,as amended by Section 1002 of Public Law 103-160. G. Environmental Compliance Agreements/Percnits/Orders The Navy acquired a wetlands permit to remove the contaminated sediment from the pond. This permit remains in effect. The State of Florida must be notified of the transfer within thirty days of execution of the transfer/conveyance documents. H. Notification to Regulatory Agencies/Public In accordance with DoD guidance,the U.S. EPA and FDEP have been advised of the proposed transfer of the Subject Property and draft copies of the EBS and FOST have been provided to those agencies for review. The EBS,and Draft FOST were also made available for public review during a fifteen-day public comment period. All regulatory agency and public comments received were considered and incorporated as deemed appropriate. Any unresolved comments and the Navy's responses thereto are included as Attachment 2 to the FOST. Copies of all transfer documentation provided to the NPLRA will be made available to the U.S. EPA and FDEP representatives upon request after execution of the same. 6.0 Suitability Determination NOW THEREFORE,based upon my review of the information contained in the attached EBS as well as the NPLRA's Reuse Plan,I have determined that the Subject Property is preserAly suitable for transfer to the NPLRA the intended purpose. LC)O Date T.F.B R.SSON,CDR,CEC,USN Acting Cornmander Southern Division Naval Facilities Engineering Command- North Charleston, S.C. Page 5 of 5 1 2752 RILE # 1291287 HK# 1772 PG# 1230 ADDENDUM FOR TRANSFER HAWK MISSILE SITE(KW-65) NAVAL AIR STATION KEY WEST2 FLORIDA The Base Closure and Realignment Act(BRAG) of 1990,ordered the reaHgument of Naval Air Station Key West,Florida. Under the realignment,Hawk Missile Site(KW-65)was determined to be excess to the Department of Defense(DoD)mission An Enviromnental Baseline Survey Realigmment Parcels(EBS),which included KW-65,was prepared in August 1998. This Addendum updates the environmental condition of±43 acres of land and improvements(subject property)at Hawk Missile Site(KW-65)singe August 1998 and supports the determination that the subject property is suitable:for transfier to the City of Key West under the Public Benefit Conveyance through.the Department of Interior for conservation and recreational use. The subject property is bordered on the south by the Key West International Airport,on the north by Flagler Canal,and on the east and west by woodlands and wetlands. Surface sons at Hawk Missile Site(INN-65)were invest as part of the Phase I Site motion(SI)under the Navy's BRAC Installation Restoration Program Sections of the SI specific to the subject property are attached to this Addendum as Attachment 1. A copy of the S1 is located in the information respository at the Key west Public Library. su*a property was divided into 13 subzones to be investigated. Based on known information, subzones 2,3,8, 12,and 13 were eliminated from further consideration. Subzone 1 (Drainage Area),subzone 4(Sewage Lift Station), subzone 5 (Generator Building 1-1636),subzone 6 (Burnt Building I-6530-Former Transf)rnvesr.Missile Maintenance Bay),and subzone 7(Former Transformer Storage Area)were iii vestigated for sod condonation. Subzones 9 and 10 (Ponds)were investigated for sediment(eight sample locations)and surface water(seven sample locations)contamination,respectively. Three permanent monitoring wells were plaoed in subzone 11 (groundwater). Analytical results from the soil, sediment, surface water,and groundwater were compared to a residential set of action levels. Note:one of the three monitoring wells(MW04)and subzone 4 are within the boundaries of the FAA transfer and are not discussed in this Addendum. The following paragraphs su^ n2Arize the findings of the S1. S zo 1: Inorganics such as aluminum,arsenic,barium,beryllium,chromium,copper,iron, mod,manganese,mercury,nickel,thallium,and vanadium,were present in the surface soils but levels did not exceed U.S. EPA or Florida Environmental Protection Department(FDEP)action levels. Arsenic was detected in one sample at its FDEP residential goal action level of 2.7 micrograms per kilogram(mg/kg). Of the senuvoh-ae organic compounds(SVOCs)analyzed, only one compound,dibenzo(a h)anthracene,slightly exceeded its FDEP action level. Dibenzo(a,h)anthracene,is a polynuclear aromatic hydrocarbon(PAR),which is usually associated with creosote or asphalt. The City of Key West brad stored creosote-treated utility poles in this area in the early 1990s. Volatile organic compounds(VOCs)found anabytes of acetone and methylene chloride but below action levels. Subzone 5: No analytes detected exceeded U.S. EPA or Florida Environmental Protection Department(FDEP) action levels. Inorganics such as aluminum,barium,chromium,iron, lead, manganese,nickel,selenium,thallium,and vanadium were present in the surface soils. One SVOC(Bis(2-eihy1hexyl)phthaWe)was detected VOCs detected include acetone,methylene chloride,tetrachloroethene,and toluene. Page 1 of 4 2753 PILO # 1 2 9 1 2 8 7 BK# 1772. PG*1231 ADDENDUM FOR TRANSFER HAWK MISSILE SITE(KW-65) NAVAL AIR STATION KEY WEST,FLORIDA Subs Inorganics detected below their respective action bevels were aluminum,barium, chromium, iron,lead,manganese, nickel,thallium,and vanadium were present in the surface sons. One SVOC(1,2,4trichlorobenzene)and two VOCs(acetone and toluene)were detected below their action levels. Su zo a 7: Inorganics such as aluminum,barium,cadmiwn,chromium, copper,iron,lead, manganese,nickel,tin,vanadium,and zinc were present in the surface soils but levels did not exceed U.S.EPA or Florida Environmental Protection Department(FDEP)action levels. Thallium was dented in one sample above its screening level. As determined during the data quality objective process,the frequency of detection of thallium indicated a systematic equipment error from the lab and,therefore,the detections would not be used to drive a response action. No VOCs were detected above their action levels. One polychlorinated biphenyl(PCB)(arochlor-1260)and one SVOC(bis(2-ethy1hwWJ)phrhalate)were detected but below action level. Based on the information generated by the SI and the projected reuse of the property for conservation and recreation,the FDEP,EPA,and Navy reviewed the data and determined that no further remedial action was needed for subzones 1, 5, 6, and 7 sods. Sing 9: Figure 2-7 of Attachment 1 to this Addendum shows the locations of aualytes that exceeded action levels. Eight sediment samples were taken of sediments inponds and one stormwater collection area. .Ahmmmm and vanadium were detected in excess of their action levels at two locations. Barium and zinc found in sample SD04 exceeded their action levels. Copper exceeded its action level only in sample SDO1. Lead was detected above its action level of 34.18 mg/kg in all sampling locations. Chromium,iron,manganese, and nickel were detected but not above their actions levels. Sampling location SD05 results indicated that lead,bis(2- ethylhexyi)phthalate,butyl benzyl phthalate and 4,4`-DDE,a pesticide,were present above their action levels. 4,4'-DDE was also detected above its action levels an sample SD08. The SI estimated noncarcinogenic risks for each chemical detected in excess of its action levels. The estimates indicated that none of the exceedances of aluminum,barium,copper,vanadium,or zinc presented sigd6cant human health risks. The chemicals which exceeded their action levels in sediment did exceed ecological guidelines,but most of these were only slightly above their threshold exposure level,or were infrequently detected. Lead found at SD05 was the only exceedance to present a potential ecological risk. The location of SD05 contained more chemical analytes that exceeded the most conservative ecological guidelines than any other sample location. Based on the findings of the SI,the FDEP,EPA,and Navy decided to perform an interim removal action(IRA)in subzone 9. A Supplemental Site Inspection performed for the sites requiring further action is located in the information repository. The planned IRA at SD05 required the acquisition of a wetlands permit from FDEP and the Army Corps of Engineers. This permit is in eff=t and will be transferred to the City of Key West upon transfer of the subject property. The IRA performed at subzone 9, SDO5,removed 1 foot of sediment from the pond and two feet of soil from around SD08 as shown below. Page 2 of 4 r 2754 FILE 1291287 BK# 1 7 7 2 PG# Z 2 3 2 ADDENDUM FOR TRANSFER HAWK MISSILE SITE(KW-65) NAVAL AIR STATION KEY WEST FLORIDA es� Ion SrATIM AST LOCATION f FMM Mot a.. WATER WATER W t Foot Exd 60 2 EeBI ••b0_�..�-1.00 Feetter- A ►ra=ecALE After removing 93 cubic yards of soil and sediment,the excavations were resamPled to confirm that the chemicals of concern were removed. The confirmatory sampling indicated that the con nitrations of aluminum,lead,and vanadium were reduced below their action levels. The pesticide,4,4'-DDE was not detected at either location after the so0/sediment removaL Clean fill was placed in the excavation at SD08 and the area was returned to grad. Based on the confirmatory sampling it was decided that the IRA had remcdiated the site adequately and no further remedial action was necessary. The Navy also removed a small A unt of petroleum-containinated soil from around monitoring well Mw-03 during the IRA. A 2,000 gallon diesel fuel tank inside a concrete secondary containment structure had been located near the well. The petroleum contamination was probably from tank filling operations. Confirmatory sampling indicated that all of the petroleum- contaminated soil had been removed. Subzone l0: Samples taken from the surface waters at KW-65 indicated that iron was the only substance found exceeding its action levels in one location(SW04). Lead and iron were detected but below their screening levels. No SVOCs were detected in the surface waters. Iron dud not present a.%gmificant noncarcivaogem human health risk. Iron was the only chemical that exceeded ecological guidelnm. However, it did not exceed ecological guidelines for soil. It Page 3 of 4 2755 FILE # 1 2 9 1 2 8 7 BK# 1 7 7 2 PG#1 2 3 3 ADDENDUM FOR TRANSFER HAWK MISSILE SITE(KW-65) NAVAL AIR STATION KEY WEST,FLORIDA appears the iron is not collecting in the sediment and no other chemical exceeded the ecological guidelines. The conclusion for subzone 10 is that no firther action is wry. Subzone 11: Two groundwater wells(MW 05 and MW-06)were installed in the portion of KW- 65 addressed by this Addendum Barium,iron,lead, and zinc were detected in the groundwater samples taken from the two wells but neither chemical exceeded its screening values. A single VOC,vinyl chloride,was detected in excess of its screening value at MW-05 but no where else. Other VOCs(1,1-dichloroethane and 1,1-dichloroethene)were detected but below their screening values. No SVOCs were detected. Groundwater concentrations of the analytes that exceeded thew screening values were compared to surface water screening values as ecological receptors are not directly exposed to groundwater and no groundwater thresholds have been developed for ecological concerns. Under this more conservative scenario,arsenic was detected in four of nine groundwater samples. The bighest concentration was located at the FAA site. The highest concentration for the KW-65 parcel was 7.51 µg/L which is below the FDEP marine surface water action level of 50,ug/L. Vinyl chloride,detected at 8.6,ug/L,has no EPA Region 4 or FDEP ecological screening level but the detected concentration is well below the EPA Region 3 screening level of224,000 µglL. Also,vinyl chloride was not detected in any surface water or sediment sample. Therefore,the recommended action for groundwater at KW-65 is no fiuther action. The Navy prepared the Decision Document for Ten Base Realignment and Closure(BRAAQ Sites, Naval Air Station Key West,Florida(DD), to document the decisions concerning actions taken at and further action proposed for the BRAC sates. The DD included KW-65. This document was presented to the public,FDEP,and EPA for review and comment in September 1999. Comments were received and incorporated into the document. The remedy selections noted in the Decision Document will be implemented,as neoessmy,through the Findings of Suitability, Land Use Controls, and deed restrictions. As noted in the EB S,lead-based pabat(LBP)may be present on any of the painted structures remaining at KW-65. The structures are not"target housing" as defined by 24 CFR 35 and 40 CFR 745 and are not proposed for reuse as target housing.. Based on the findings of the EBSL and the 1997 SI,the subject property may be classified in accordance with joint DoD/U.S.EPA guidance as 4/Dark Green(areas where a release of a hazardous substance has occurred,and all remedial actions necessary to protect human health and the environment have been taken.) '26co Dafe KARENSNODGRAS Environmental Protection Specialist Page 4 of 4 2756 ..r FILE # l 2 9 l 2 8 7 B K# z 7 7 2 F G# l 2 3 4 EXMTT"D" AZ a w � - a � �o H 44 W o- A w a MONROE COUNTY .. o OFFTC.TAL RECORDS O a u � W CUR U A A y � � z � ' .i J1 M N t 2757 ,FT.„EYM-K",,l, Key West Stormwater Complaince City of Key West, March 16, 2007 Proposed Hawk Missile Site Conservation Easement d11 Y , uVu / i L ' i 1 I� J tiitlllllllll,� rll V Legend 0 90 180 360 Feet 0 Culverts or Trenches N Conservation Easement GPS Points I Proposed Conservation Easement EXHIBIT I Source: NOAA Aerial Figure for Visutalization Purposes online. See GPS points for locational boundary. Adapted by Chris Boland of SWC 2758 Key West Stormwater Compliance &MAKI' wwswdix.ret"`�'"t''"� City of Key West, March 14, 2007 GPS Points for Hawk Missile Conservation Easement (Decimal Degrees) Point# Latitude Longitude Point# Latitude Longitude 1 24.56036763150 -81.76017404110 30 24.55930314970 -81.76154833700 2 24.56034340310 -81.76010674010 31 24.55904292650 -81.76137453330 3 24.55967877380 -81.75973510840 32 24.55935865620 -81.76243109970 4 24.55955615380 -81.75993877510 33 24.55925116930 -81.76243985450 5 24.55960133920 -81.76002047730 34 24.55887726510 -81.76170383990 6 24.55976964230 -81.76010126020 35 24.55877942510 -81.76142248800 7 24.56004964440 -81.76033560610 36 24.55906691150 -81.76217921290 8 24.56012805460 -81.76015826190 37 24.55875462840 -81.76163231890 9 24.55991646840 -81.76052259060 38 24.55897198140 -81.76132219940 10 24.55972334450 -81.76054136760 39 24.55867844970 -81.76133458290 11 24.55981560150 -81.76033087080 40 24.55865144690 -81.76112679860 12 24.55971799660 -81.76069754800 41 24.55866349600 -81.76044974300 13 24.55971799660 -81.76069754800 42 24.55875939110 -81.76047305640 14 24.55964807300 -81.76076003810 43 24.55893983960 -81.76054974700 15 24.55948844370 -81.76074963750 44 24.55920096890 -81.75956115350 16 24.55948543420 -81.76006304910 45 24.55912794860 -_81.7594922927_0 17 24.55942713800 -81.76006977570 46 24.55962770340 -81.76241172240 18 24.55918105770 -81.76051420780 47 24.55986592950 -81.76240896220 19 24.55948969630 -81.76092895540 48 24.55978083140 -81.76252187160 20_ 24.55954550120 -81.76098827600 49 24.55968087530 -81.76253386970 21 24.55961968960 -81.76125297100 50 24.55949193650 -81.76266715 110 22 24.55917109450 -81.76120543480 51 24.55950312240 -81.76273443690 23 24.55901978660 -81.76125642660 52 24.55947612200 -81.76275527800 24 24.55958052750 -81.76131643690 53 24.55945330380 -81.76270893020 25 24.55962901260 -81.76154322730 54 24.55932638980 -81.76273336770 26 24.55962631830 -81.76164938180 55 24.55926449230 -81.76281701070 27 24.55951125160 -81.76178788810 56 24.55907258300 -81.76277804170 28 24.55944277450 -81.76167422570 57 24.55912722150 -81.76261033750 29 24.55936318640 -81.76162419870 EXHIBIT II 2759 I C E # 1 2 � -12 8 7 �- Exhibit C M[}NPt�E COUNTY B K# 3_ -7 7 OFF .IC' f AI, RFCORDS PG# :'L 2 1 4 RCa APr, 01 2 � 02 02:46PPI �[ C)ATl#IY L KOLRAG6 , CLERK C0?? y QUITCLAIM DEED f The UNITED STATES OF AMERICA, acting by and through the Secretary of the Interior, acting by and through the Regional Director, Southeast Region, National Park Service, (hereinafter designated "GRANTOR") under and pursuant to the power and authority contained in the provisions of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, and particularly as amended by Public Law 485, 91 st Congress, and regulations and orders promulgated thereunder, and a delegation of that authority to the Secretary of Defense (SECDEF) in accordance with the Defense Base Closure and Realignment Act of 1990, Public Law 101-510, 10 U.S.C. 2687 note, as amended, and a subsequent delegation of the authority by SECDEF to the Secretary of the Navy, for and in consideration of the perpetual use of the hereinafter described premises for public park and public recreation area purposes by the City of Key West, Florida, (hereinafter designated "GRANTEE"), does hereby release and quitclaim to GRANTEE, and to its successors and assigns, subject to the reservations, exceptions, restrictions, conditions and covenants hereinafter expressed and set forth, all GRANTOR'S right, title and interest in and to the following described property, consisting of 43.77 acres in fee, known as the Hawk Missile Site, at the former Naval Air Station, Key West, Monroe County, Florida, and being more particularly described in EXHIBIT "A", attached hereto and incorporated herein by reference. THIS CONVEYANCE is made subject to any and all existing rights-of-way, easements, covenants and agreements affecting the above-described premises, whether or not the same now appear of record. TO HAVE and to Hold the hereinbefore described property, subject to the reservations, exceptions, restrictions, conditions and covenants herein expressed and set forth unto the GRANTEE, its successors and assigns, forever; The GRANTEE acknowledges that it has inspected, is aware of, and accepts the condition and state of repair of the PROPERTY, that the PROPERTY is conveyed "as is" and "where is" without any representation, promise, agreement, or warranty on the part of the GRANTOR regarding such condition and state of repair, or regarding the making of any alterations, improvements, repair or additions, or as to its usability generally or as to its fitness for any particular purpose, and that the GRANTOR shall not be liable for any latent or patent defect in the PROPERTY, except to the extent required by applicable law and except for the covenant, representation and indemnities of GRANTOR contained herein. 2760 FILE # 1 2 9 1 2 8 7 BK# 1 -7 7 2 PG# 1 2 _L S PURSUANT to authority contained in the Federal Property and Administrative Services Act of 1949, as amended, and applicable rules, regulations and orders promulgated thereunder, and a delegation of that authority to the Secretary of Defense (SECDEF) in accordance with the Defense Base Closure and Realignment Act of 1990, Public Law 101-510, 10 U.S.C. 2687 note, as amended, and a subsequent delegation of the authority by SECDEF to the Secretary of the Navy, the Department of the Navy determined the subject property to be surplus to the needs of the United States of America and assigned the property to the Department of the Interior for further conveyance to the City of Key West, Florida. IT IS AGREED and understood by and between the GRANTOR and GRANTEE, and the GRANTEE, by its acceptance of this deed, does acknowledge its understanding of the agreement, and does covenant and agree to itself, and its successors and assigns, forever, as follows: 1. This property shall be used and maintained for the public park and recreation purposes for which it was conveyed in perpetuity as set forth in the program of utilization and plan contained in the application, submitted by the GRANTEE in April 1999, which program and plan may be amended from time to time at the request of either the GRANTOR or GRANTEE, with the written concurrence of the other party, and such amendments shall be added to and become a part of the original application. 2. The GRANTEE shall, within 6 months of the date of the deed of conveyance, erect and maintain a permanent sign or marker near the point of principal access to the conveyed area which says: This park land was acquired through the FEDERAL LANDS TO PARKS PROGRAM of the United States Department of the Interior, National Park Service, for use by the general public. 3. This property shall not be sold, leased, assigned, or otherwise disposed of except to another eligible governmental agency that the Secretary of the Interior agrees in writing can assure the continued use and maintenance of the property for public park or public recreational purposes subject to the same terms and conditions in the original instrument of conveyance. However, nothing in this provision shall preclude the GRANTEE from providing related recreational facilities and services compatible with the approved application, through concession agreements entered into with third parties, provided prior concurrence to such agreements is obtained in writing from the Secretary of the Interior. 4. From the date of this conveyance, the GRANTEE, its successors and assigns, shall submit biennial reports to the Secretary of the Interior, setting forth 2 2761 r FLi # 1291. 2B "7 8K# J_ % 7 .2 PGA l 2 1 65 the use made of the property during the preceding 2-year period, and other pertinent data establishing its continuous use for the purposes set forth above, for ten consecutive reports and as further determined by the Secretary of the Interior. 5. Funds generated on this property may not be expended for non-recreation purposes. Until this property has been fully developed in accordance with the Program of Utilization, all revenues generated on this property must be used for the development, operation and maintenance of this property. After this property has been fully developed in accordance with the Program of Utilization, revenue generated on this property may be expended on other recreation properties operated by the GRANTEE. 6. As part of the consideration for the Deed, the GRANTEE covenants and agrees for itself, its successors and assigns, that (1) the program for or in connection with which this Deed is made will be conducted in compliance with, and the GRANTEE, its successors and assigns, will comply with all requirements imposed by or pursuant to the regulations of the Department of the Interior in effect on the date of this Deed (43 C.F.R. Part 17) issued under the provisions of Title VI of the Civil Rights Act of 1964; (2) this covenant shall be subject in all respects to the provisions of said regulations; (3) the GRANTEE, its successors and assigns, will promptly take and continue to take such action as may be necessary to effectuate this covenant; (4) the United States shall have the right to seek judicial enforcement of this covenant, and (5) the GRANTEE, its successors and assigns, will (a) obtain from each other person (any legal entity) who, through contractual or other arrangements with the GRANTEE, its successors and assigns, is authorized to provide services or benefits under said program, a written agreement pursuant to which such other person shall, with respect to the services or benefits which he is authorized to provide, undertake for himself the same obligations as those imposed upon the GRANTEE, its successors and assigns, by this covenant, and (b) furnish a copy of such agreement to the Secretary of the Interior, or his successor; and that this covenant shall run with the land hereby conveyed, and shall in any event, without regard to technical classification or designation, legal or otherwise, be binding to the fullest extent permitted by law and equity for the benefit of, and in favor of the GRANTOR and enforceable by the GRANTOR against the GRANTEE, its successors and assigns. 7. The GRANTEE agrees to comply with the requirements of Public Law 90-480 (82 Stat. 718) , the Architectural Barriers Act of 1968, as amended by Public Law 91-205 of 1970 (84 Stat. 49), to assure that development of facilities on conveyed surplus properties for public park and recreation purposes are accessible to the physically handicapped; and, further assure in accordance with Public Law 93-112, the Rehabilitation Act of 1973 (87 Stat. 394), that no otherwise qualified handicapped individual shall solely by reasons of his 3 2762 FILE # 1 2 9 1 2 e / �- 8K# 2 7 / 2 PG# 1 21 7 handicap be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 8. The GRANTEE further covenants and agrees to comply with the National Environmental Policy Act of 1969, as amended, the 1977 Amendments to the Federal Water Pollution Control Act (Clean Water Act of 1977), and Executive Order 11990 (May 24, 1977), for Protection of Wetlands and Executive Order 11988 (May 24, 1977) for Floodplain Management, where and to the extent said amendments and Orders are applicable to the property herein conveyed, and GRANTEE shall be subject to any use restrictions issued under said Amendments and Orders. 9. GRANTEE covenants for itself, its successors and assigns to the Premises, or any part thereof, that any construction or alteration is prohibited unless a determination of no hazard to air navigation is issued by the Federal Aviation Administration in accordance with Title 14, Code of Federal Regulations (CFR), Part 77, entitled "Objects Affecting Navigable Airspace," or under the authority of the Federal Aviation Act of 1958, as amended. 10. A document entitled "A Finding of Suitability to Transfer" (FOST) and a -second document entitled "Addendum for Transfer" are attached as EXHIBIT "B" and EXHIBIT "C", respectively, to this Deed; an Environmental Baseline Survey (EBS) report is referenced in the FOST; the FOST, the Addendum and EBS reference environmental conditions on the Property. Such notice of environmental conditions included in those documents are incorporated herein by reference. The FOST and Addendum sets forth the basis for the GRANTOR'S determination that the Property is suitable for transfer. The GRANTEE is hereby made aware of the notification contained in the EBS, the FOST and the Addendum. 11. Lead-Based Paint "LBP" . a. A 1996 inspection team identified cans marked "lead-paint" stored in an adjacent bunker used by the veteran's group which occupied the property for a period of time. Therefore, it is presumed that lead-based paint was applied to the exteriors and interiors of the buildings. However, the subject structures are not considered target housing. The GRANTEE hereby acknowledges receipt of a Lead-Based Paint Hazard Disclosure and Acknowledgement Form for Non-Residential Structures. b. The GRANTEE covenants and agrees that in its use and occupancy of the Property, it will comply with all applicable 4 2763 PPE # 1 2 9 1 2 e 7 8K# 1 7 7 2 PG# 1 2 1 8 Federal, State, and local laws relating to LBP in non-residential structures. The GRANTEE acknowledges that the GRANTOR assumes no liability for damages for personal injury, illness, disability, or death to the GRANTEE, or to any other person, including members of the general public, arising from or incident to the purchase, transportation, removal, handling, use, disposition, or other activity causing or leading to contact of any kind whatsoever with LBP on the Property, whether the GRANTEE has properly warned, or failed to properly warn, the persons injured. 12. NOTICE OF HAZARDOUS SUBSTANCE OR PETROLEUM PRODUCT STORED FOR ONE YEAR OR MORE, KNOWN TO HAVE BEEN RELEASED OR DISPOSED OF. a. In accordance with Section 120(h)(3)(A)(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as amended, (42 U.S.C. 9620(h)(3)(A)(i), GRANTOR advises GRANTEE that EXHIBIT °D° summarizes pertinent information from the EBST prepared to assess the overall environmental conditions of the PROPERTY which provides all available information based upon a complete search of agency files by GRANTOR of those hazardous substances known to have been stored for one year or more, released or disposed of on the PROPERTY, to include if known, the type and quantity of such hazardous substances, the date such storage, release or disposal took place and a description of all remedial action(s) taken. b. One 2,000-gallon aboveground storage tank (AST) was removed from the Subject Property in 1996. Sampling conducted during the site indicated the presence of diesel fuel in the soil. Soil was excavated and disposed of during the interim removal action conducted in 1999. 13. Pursuant to Section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, (CERCLA), 42 U.S.C. § 9620(h)(3), GRANTOR covenants and warrants that all remedial action necessary to protect human health and the environment with respect to any known hazardous substance or petroleum product remaining on the Property has been taken before the date of this deed, and any additional remedial action found to be necessary after the date of this Deed shall be conducted by GRANTOR; provided, however, that the foregoing covenant shall not apply in any case in which GRANTEE of any or all of the Property is a potentially responsible party with respect to the Property. 5 2764 FILE n1 2 1 2 g EFL# 3. 7 7 2 PG# 1. 2 c} _ 14. GRANTEE covenants that in accordance with CERCLA Section 120(h)(3)(A)(iii), that the GRANTOR, its officers, agents, employees, contractors and subcontractors, shall have access to the Property in any case in which remedial action or corrective action is found to be necessary after the date hereof. The right to enter shall include the right to conduct activities related to environmental investigation, and to carry out remedial or removal actions as required or necessary under applicable authorities, including, but not limited to monitoring wells, pumping wells and treatment facilities. The right of access includes the right of access to, and use of, to the extent permitted by law, available utilities at reasonable cost to GRANTOR. These access rights are in addition to those granted to federal, state and local authorities under appropriate and applicable environmental laws and regulations GRANTEE agrees to cooperate with activities of the GRANTOR in furtherance of this covenant and will take no action to interfere with future necessary remedial and investigative actions of the GRANTOR. The GRANTOR and GRANTEE agree to cooperate in good faith to minimize any conflict between necessary environmental investigation and remediation activities and operations of GRANTEE, its successors and assigns, and of any lessee or any sublessee of the Property. Any inspection, survey, investigation or other response or remedial action will to the extent practicable, be coordinated with representatives designated by GRANTEE or its successors and assigns. 15. GRANTEE covenants and agrees for itself and its successors, assigns, lessees and/or licensees that it shall provide written notice to the GRANTOR of any subsequent sale, assignment or lease of the PROPERTY, or any portion thereof, and provide contact information concerning the new owner or occupant. 16. GRANTEE covenants and agrees for itself and its successor, assigns, lessees and/or licensees that in the event that GRANTEE conveys any of the PROPERTY by deed, lease, license or other such interest, GRANTEE shall impose upon the party to whom such property is transferred the requirements, duties and obligations contained herein. 17. The Federal government shall hold harmless, defend and indemnify the City of Key West and any future successor, assignee, transferee, lender, or lessee of the Subject Property from any suit, demand, cost, or liability arising out of any claim for personal injury or property damage that may result from, or be predicated upon, the release or threatened release of any hazardous substance, pollutant, or contaminant resulting from Department of Defense activities on the property subject to the conditions specified in, and to the extent authorized, by Section 330 of Public Law 102-484. 18. The GRANTOR, and any representative it may so delegate, shall have the right of entry upon said premises at any time to conduct inspections of the s 2765 FILE # 12912e -7 �- GK# 1772 PG# 1220 property for the purpose of evaluating the GRANTEE'S compliance with the terms and conditions of this deed. 19. In the event there is a breach of any of the conditions and covenants herein contained by the GRANTEE, its successors and assigns, whether caused by the legal or other inability of the GRANTEE, its successors and assigns, to perform said conditions and covenants, or otherwise, all right, title and interest in and to said premises shall revert to and become the property of the GRANTOR at its option, which in addition to all other remedies for such breach shall have the right of entry upon said premises, and the GRANTEE, its successors and assigns, shall forfeit all right, title and interest in said premises and in any and all of the tenements, hereditaments and appurtenances thereunto belonging; provided, however, that the failure of the Secretary of the Department of the Interior to require in any one or more instances complete performance of any of the conditions or covenants shall not be construed as a waiver or relinquishment of such future performance, but the obligation of the GRANTEE, its successors and assigns, with respect to such future performance shall continue in full force and effect. In the event of a reversion, the GRANTEE agrees to provide an acceptable level of protection and maintenance of the property until title has actually reverted. GRANTEE, by acceptance of this deed, covenants and agrees for itself and its successors and assigns that in the event GRANTOR exercises its option to revert all right, title, and interest in and to the Premises to GRANTOR, or GRANTEE voluntarily returns title to the Premises in lieu of a reverter, then GRANTEE shall provide protection to, and maintenance of the Premises at all times until such time as the title is actually reverted or returned to and accepted by GRANTOR. Such protection and maintenance shall, at a minimum, conform to the standards prescribed by the General Services Administration in Federal Property Management Regulations (FPMR) 101-47.4913 (41 CFR Part 101) now in effect. LIST OF EXHIBITS: The following exhibits are attached hereto and made a part of this Deed: EXHIBIT "A" - Description of PROPERTY EXHIBIT "B" - Finding of Suitability to Transfer EXHIBIT "C" - Addendum for Transfer EXHIBIT "D" - Hazardous Substance List IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in its name and on its behalf this the day of M f� L , 2002. 7 2766 r F1. 7LE # 1291. 287 BK# 1 7 2 PG# 1. 2 2 1 UNITED STATES OF AMERICA Acting by and through the Secretary of the interior Through: Regional Director; Southeast Region National Park Service By: a �f -- Wallace C. Brittain Chief Recreation and Conservation Division National Park Service Southeast Region WITNESSES: STATE OF GEORGIA COUNTY OF FULTON On this jjy�b of '� �u sc.94,— -, 2002, before me, the subscriber, personally appeared Wallace C. Brittain, Chief, Recreation and Conservation Division, Southeast Region, National Park Service, of the United States Department of the Interior, a governmental agency of the United States of America, and known to me to be the same person described in and who executed the foregoing instrument, as the act and deed of the United States of America, for and on behalf of the Secretary of the Interior, duly designated, empowered and authorized so to do by said Secretary and he acknowledges that he executed the foregoing instrument for and on behalf of the United States of America for the purposes and uses therein described. NOTARY PUBLIC My commission expires: '* Y Pub4a, R►akdWq a 2767 r s R +x#` F iat # 1. 291287 BK# 1 772 PG# 1. 222 The foregoing conveyance is hereby accepted and the undersigned agrees, by this acceptance, to assume and be bound by all the obligations, conditions, covenants and agreements therein contained. City of Key West, Florida By: ' AW-P-0 Julio A ael City Ma ager STATE OF FLORIDA COUNTY OF MONROE nww� On this day of , 2002, before me, the undersigned officer, personally appeared Julio Avail, to me known and known to me to be the same person whose name is subscribed to the foregoing acceptance, who being by me duly sworn, did depose and say that he is the City Manager of the City of Key West, Florida, that he is duly designated, empowered and authorized by Resolution No. 99-169 dated May 20, 1999, to execute the foregoing acceptance . and sign his name thereto; and that he signed his name, thereto and acknowledges that he executed the foregoing for and on behalf of the City of Key West, Florida, for the purposes and uses therein describe . V� NOTARY PUB My commission expires: �003 Maria G.Ratciiff MY COMMISSION#CC820020 EXPIRES C Match2Z 2003 Pink"` BONDEDTH2UTROYKNIN5URAKC INC 9 2768 F i L R 41291. 287 a Y,# 1 7 7 2 P G# -1- 2 23 EXHIBIT "A" INTERNATIONAL AIRPORT LEGAL DESCRIPTION: (Easterly Parcel, Hawk Sie): A parcel of land located in Sections 33 and 34, Township 67 South, Range 25 East, and Sections 3 and 4, Township 68 South, Range 25 East, on the Island of Key West, Monroe County, Florida and being more particularly described as follows: Begin at the Northeast corner of Parcel 41 , "PLAT OF SURVEY, PART OF LANDS FORMERLY OWNED BY THE KEY WEST IMPROVEMENT, INC.", according to the Plat thereof, as recorded in Plat Book 2, Page 69, of the Public Records of Monroe County, Florida; thence S.19'03'22"E., along the Easterly Line of said Parcel 41 a distance of 1692.60 feet to the Southeast corner of Parcel 41; thence N.86'30'52"W., a distance of 974.45 feet to the Southwest corner of Parcel 41 (Southeast comer of Parcel 42); thence N.86'30'52"W., a distance of 487.22 feet to the West line of the East one—half of Parcel 42; thence N.19'03'22"W., along the said West line of the East one--half of Parcel 42 a distance of 1132.26 feet to the North Line of Parcel 42; thence N.70'56'38"E., a distance of 450.00 feet to the Northeast corner of said Parcel 42 (Northwest corner of Parcel 41); thence N.70'56'38"E., a distance . of 900.00 feet to the Point of Beginning. Parcel contains 1906780.50 square feet, or 43.77 Acres more or less. LESS: (F.A.A.. Site) A parcel of land located on the Island of Key West, Monroe County, Florida, and known as a portion of Tracts 41 and 42, "PLAT OF SURVEY, PART OF LANDS FORMERLY OWNED BY KEY WEST IMPROVEMENT, INC.", according to the Plat thereof, as recorded in Plat Book 4, at page fig of the Public Records of Monroe County, Florida, and being more particularly described as follows: Commence at the Northwest corner of said Tract 41 ; thence S 19'03'22" E along the Southwesterly Line of Tract 41 , (Northeasterly Line of Tract 42) for 229.27 feet to a chain link fence and the Point of Beginning; thence N.73'42'52"E., and olon the said chain link fence a distance of 234.38 feet; thence S.02'37'43 ., a distance of 158.45 feet; thence N.81'23'00"W., a distance of 71 .28 feet; thence S.83 46 34"W., a distance of 236.64 feet; thence S.70'21'29"W., a distance of 32.35 feet to a chain link fence; thence N.20'37'44"W., and along the chain link fence a distance of 22.51 feet; thence N.40'18'01"E., a distance of 105.31 feet, along the chain link fence; thence N 73'4252" E and continuing along the chain link fence for 60.73 feet to the Point of 'beginning. Parcel contains 35823.12 square feet or 0.82238 acres, more or less. 2769 r . (14) Centerline -'L Description: 50' wide ingress do egress easement: 50' wide easement A fifty (50) foot wide ingress and egress easement located on the Island of Key West, Monroe County, Florida. and being more particulary described as fotlo�ra: Commence at the Northeast corner of Lot 1, "CORAL ESTATES*, according to the plat thereof, as recorded in Plat Book 3, at Page 97 of 22 the PuhYrc Records of Monroe County, Florida, soid point also lies on the nue and having State Plane Southeasterly Right-of-Way Une of Flagler Ave Coordinates (based on Florida East Zane, 1983/1990) of N 82648.26, E 399309.86; thence 5.70'58'1 fi"W., along the said Southeasterly Right-of-Way Line of Flogler Avenue a distance of 326.94 feet to the centerline of } Government Road and the Point of Beginning of the Centerline of the said 50 foot wide easement (said easernent lying 25 feet on each side of the following metes and bounds description; thence 5.23'06'58E., along the said centerline of Government Road a distance of 417.01 feet to the end of Government Road; thence S.600O'17"E., a distance stanc a of 280.58 feet 400.0o the feet, a point of curvature of a curve to the left, g central angle of 20'39'05". a chord bearing of S.7V 19'49"E. and a chord length of 143.39 feet; thence along the are of said curve, an arc length of 4\_ 144.17 feet to the point of tangency of said curve; thence 5.80'39'21'E., a distance of 56.37 feet to the point .of curvature of a curve to the left, having. a radius of 1000.00 feet, a central angle of 17'26'59", a chord bearing of S.89'22'51"E. and a chord length of 303.38 feet; thence along the arc of said curve, on arc length of 304.55 feet to the point of tangency of said curve; thence N.81'53'40'E., a distance of 236.54 feet; thence N.847 O5'45*E., a distance of 123.40 feet to the point of curvature of a curve to the left.- having: a radius of 200.00 feet, a central angle of 10'37107", a chord bearing of N.78'47'127E. and a chord length of 37.01 feet; thence along the arc of said curve, an arc length of 37.07 feet o o 1 the point f to tangency of said curve; thence N.7Y26 38"E., a distance the point of curvature of a curve to the right, having: a. radius of 500.00 feet, a central angle of 1 T32'43 , a chord bearing of N.82'15'06 E. and arc a chord length of 152.51 feet; thence along the arc of said curve, an length of 153.11 feet to the pointof tangency N.89`33 '3pE. f thence distance a� 58'38"E., a distance of 203.98 feet- 223.67 feet; thence N.8723'23"E., a distance of 1774.37 feet to the point of curvature of a curve to the left, having: a radius of 8O.0D feet, a central angle of 108'27'50", a chord bearing of N.35'09'28"E. and a chord length of 97.37 fee#; thence along the arc of said curve, an arc length of 113.58 feet to the point of tangency of said curve; thence NA VO4'271W., a distance of 615.55 feet to the point of curvature of a curve to the right, having: a radius of 115.00 feet, a central angle of 49'09'33". a chord bearing of N.05' 30'140E. and a chord length of 95.67 feet; thence along the are of said curve► an arc length of 98.67 feet to the point of tangency of said curve; thence N.3O'05'05'E., a distance of 146.54 feet to the point of curvature of a curve to the right, having: a radius of 2O0.O0 feet, a central angle 12'19", a chord bearing of N.48'11'15'E. and a chord length of 124.29 feet; thence along the arc of said curve, an arc length of 126.38 feet to a chain link fence and the end of the centerline of a 50 foot wide ingress and egress easement and whose coordinates are N 83049.47 and E 402796.81 ; thence (tong a baseline of a 35 foot wide Easement being 10 feet Northerly of and 25 feet Southerly of and parallel with the said baseline for the following three (3) metes and bounds; (1) thence N 70'21'29" E for 32.13 feet; (2)thence N 83'46'34" E for 233.18 feet; thence (3) S 81'23'00" E for 71.03 feet to the end of the said 35 foot wide easement and whose coordinates are N 83074.85 and E 403128.93. 2770 V FILE # 1 2 9 1 2 e 7 EXIT "B» 1?K# 1 7 7 2 FG# 1. 2 2 5 FINDING OF SUITABILITY TO TRANSFER HAWK MISSILE SITE (KW-55) KEY WEST, FLORIDA 1..0 Purpose This Finding of Suitability to Transfer(FOST) documents my determination, as the responsible Department of Defense (DoD) component official, that the real property and associated improvements known as Hawk Missile Site KW-65 (Subject Property), Naval Air Station Key West, Florida, are environmentally suitable for deed transfer to the City of Key West Navy Properties Local Redevelopment Authority(NPLRA) for use in accordance with the NPLRA's Redevelopment Plan and the Public Benefit Conveyance for conservation and recreational use approved by the Department of the Interior(DOI). This decision is based on my review of information contained in the attached Addendum to the Environmental Baseline Survey(EBS), and the Reuse Plan developed by the NPLRA. Factors leading to this decision and other pertinent information related to property transfer requirements are stated below. 2.0 Property Description The Subject Property comprises±43 acres of land acquired by the United States in 1964 for the establishment of an Army Shore Defense Unit, Hawk Missile Command as further described in the attached EBS. 3.0 Past and Proposed Reuse The land was undeveloped with an extensive system of salt ponds at the time of acquisition. The Army filled some of the ponds to allow construction of the mobile launch equipment pads and berms. The property was transferred to the Navy in the early 1980s. The Navy had no operations on the Subject Property. A Vietnam Veterans group obtained a license from the Navy in 1994 for use as a "stand down." location. Proposed use would include medical checkups, meals, and clothing dispersement. Ultimately, the group set up residence in tents and occupied the property full time. The Navy nullified the license in 1995. At no time during the documented Government ownership of the Subject Property has it been used as an industrial site. The Subject Property is currently vacant. Proposed land use is for conservation and recreation. 4.0 Environmental Findings All available information concerning the past storage, release or disposal of any hazardous substances and/or petroleum products on the Subject Property as collected through record searches, available aerial photographs, personnel interviews and on-site visual inspections conducted is contained in the attached EBS. The Subject Property has been inspected annually since 1994. The following paragraphs summarize those findings and corresponding DoD condition of property classifications assigned to the Subject Property: A. Hazardous Substances Contamination An Addendum for Transfer (AFT) has been prepared documenting additional information acquired since development of the EBS. A Site Inspection, conducted in Pagel of 5 2771 v FIDE # 1 2 2 � .7 �K# 17 `72 PGt12jEF FINDING OF SUITABILITY TO TRANSFER HAWK MISSILE SITE (KW-65) KEY WEST, FLORIDA 1998 determined there had been hazardous substances releases resulting in levels above residential action levels in the following locations: Subzone 1 raina e Area : Dibenzo(a,h)anthracene was detected at 122.3 µg/lcg in excess of its 100 Mg/kg action level in one soil sample. Arsenic was detected at the FDEP residential action level of 2.7 mg/kg. Telephone poles treated with creosote had been stored in this area and are considered to be the cause of the release. The conclusion was that no further action was necessary for subzone 1. (TTNus, 1998) Subzone 9 (Ponds-Sediment): Several inorganics were detected in excess of their FDEP action levels at various locations. Lead was present above its action level of 34.19 mg/kg in all locations. Two semi-volatile organic compounds (SVOCs) were detected in excess of their action levels at SD-05. One pesticide, 4,4'-DDE, was found in excess of its action level at SD-05 and SD-08. No VOCs were detected. The investigation included a calculation of noncarcinogenic risks for aluminum, barium, copper, vanadium, and zinc. The calculations indicated none of these organics presented significant human health risks. Ecological risks were also calculated. All chemicals detected in excess of their action levels exceeded ecological guidelines. Most; however, only slightly exceeded their threshold effects level(TEL) or were infrequently detected. (TTNus, 1998) Lead found in sample SD-05 was the only inorganir,that was considered to pose potential ecol6gical risks. Four other chemicals-found in sample SD- 05 were found to exceed the most conservative ecological guidelines (cadmium, bis(2- ethylhexyl)Phthalate, 4,4-DDE and butyl benzyl phthalate). It was decided that an interim removal action(IRA) should be conducted at subzone 9. A drawing showing the location of the sub-zones is attached to the Addendum for Transfer as Attachment 1. The IRA resulted in the removal of soil and sediment from two locations as shown in Attachment 2 to the Addendum for Transfer. The excavation at SD-08 was filled with clean fill to return the area to grade. A proposal of no further remedial action required was entered in the Decision Document for Ten Base Realignment and Closure (BRAG) Sites,Naval Air Station Key West, Florida(DD). Public comments were received on this proposal and incorporated into the DD. B. Petroleum Contamination One 2,000-gallon aboveground storage tank(AST) was removed from the Subject Property in 1996. Sampling conducted during the site closure indicated the presence of diesel fuel in the soil. Soil was excavated and disposed of during the interim removal action conducted in 1999. Page 2 of 5 2772 r FILE # i2 �1 � 237 BK# 3. 7 7 2 PG# 1. 2 2 '7 FINDING OF SUITABILITY TO TRANSFER HAWK MISSILE SITE (KW-65) KEY WEST, FLORIDA C. Other Environmental Aspects 1. Asbestos-Containing Material (ACM) Non-friable asbestos-containing material(ACNI) was observed only in the main administration building in the form of vinyl floor tiles and transite paneling during the 1994 site visit. During the licensed use in 1995-1996 by the Disabled Vietnam Veterans, the building was gutted and rebuilt. This building was transferred to the FAA in 1999. The remaining buildings ,which are included in this transfer, did not contain ACM. 2. Lead-Based Paint (LBP) During an annual site visit in 1996, the inspection team noted cans marked"lead-paint" were stored in an adjacent bunker by the veterans group. Therefore, it is presumed that the veterans group did apply lead-based paint to the exteriors and possibly the interior of the buildings. These structures are not considered target housing. A Lead-Based Paint Hazard Notice is provided as Attachment 1 to this FOST. 3.0 Polychlorinated Biphenyls (PCBs) Three pad-mounted transformers were located inside a fenced enclosure on the Subject Property. At some point in time after the Army vacated the property, the cores were stripped by trespassers and dielectric fluid was released. Initial sampling of the area indicated very low levels of PCB concentrations were present in the soil. Subsequent sampling by NAS Key West did not indicate any PCB contamination. Three soil samples were taken outside the enclosure and one inside during the 1998 SI. Aluminum, barium, eadmium, chromium, copper, iron, lead, manganese, nickel, thallium,tin, vanadium, and zinc were detected at concentrations below their action level. One PCB (arochlor-1260) and one SVOC (bis(2-ethylhexyl)phthalate) were detected below their action levels. No further remedial action was necessary 4.0 Radon No radon survey was conducted at the Subject Property. Due to the results from radon sampling conducted at Sigsbee Park, there is no expectation that radon is present at the Subject Property in quantities that exceed the EPA action level of 4 picoCuries per liter. 5.0 Requirements Applicable to Transfer A. National Environmental Policy Act (NEPA) An Environmental Assessment was prepared in accordance with the National Environmental Policy Act requirements to assess the potential environmental impacts associated with the proposed transfer and reuse of the excess property. The Finding of No Significant Impact was signed in February 2000. Page 3 of 5 2773 FILE # 1291 28 "7 0K# 1 7 7 2 PG91 2 2 8 FINDING OF SUITABILITY TO TRANSFER HAWK MISSILE SITE (KW-65) KEY WEST, FLORIDA B. Hazard Substance Notice In accordance with Section 120(h)(3)(A)(i) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the deed transferring the Subject Property must provide notice as to those hazardous substances which it is known, based upon a complete search of agency files, were stored for one year or more, released, or disposed of on the Subject Property and all response actions taken to date. A list of hazardous substances detected on the Subject Properly and the appropriate response taken is attached to this FOST as Exhibit 1. C. CERCLA Covenants In accordance with CERCLA Section 1.20(h)(3)(A)(ii)(I), the deed transferring the Subject Property shall contain a covenant warranting that all remedial action necessary to protect human health and the environment with respect to any hazardous substance remaining on the property has been taken before the date of transfer. In accordance with CERCLA Section 120(h)(3)(A)(ii)(11), the deed transferring the Subject Properly shall contain a covenant warranting that any additional remedial action found to be necessary after the date of transfer shall be conducted by the United States. D. CERCLA Access Clause In accordance with CERCLA 120(h)(3)(A)(iii), the deed transferring the Subject Property shall contain a clause granting the United States access to the property in any case in which a response action or corrective action is found to be necessary after such date at such property, or such access is necessary to carry out a response action or corrective action on adjoining properly. The right to enter to be set forth shall include the right to conducts tests, investigations, five-year reviews, surveys, and, where necessary, drilling, test pitting, boring, and other similar activities. Such right shall also include the right to construct, operate, maintain, or undertake any other response action or corrective action as required or necessary, including but not limited to, monitoring wells, pumping wells, and treatment facilities. These access rights are in addition to those granted to federal, state, and local authorities under appropriate and applicable environmental regulations. E. Land and/or Groundwater Restrictions There are no groundwater or land restrictions associated with the transfer or reuse of the Subject Property. The Subject Property contains several salt ponds and any development of the property will require compliance with applicable federal, state, and local wetlands and environmental laws and regulations. Page 4 of 5 2774 Y FILE; # 129i 2e '7 PK# -L 7 7 2 PG# 1 2 2 9 FINDING OF SUITABILITY TO TRANSFER HAWK MISSILE SITE (KW-65) KEY WEST, FLORIDA F. Indemnification The federal government shall hold harmless, defend, and indemnify the NPLRA and any future successor, assignee, transferee, lender, or lessee of the Subject Property from any suit, demand, cost or liability arising out of any claim for personal injury or property damage that may result from, or be predicated upon, the release or threatened release of any hazardous substance, pollutant, contaminant, petroleum product, or petroleum derivative resulting from Department of Defense activities on the property subject to the conditions specified in and to the extent authorized by Section 330 of Public Law 102- 484, as amended by Section 1002 of Public Law 103-160. G. Environmental Compliance Agreements/Permits/Orders The Navy acquired a wetlands permit to remove the contaminated sediment from the pond. This permit remains in effect. The State of Florida must be notified of the transfer within thirty days of execution of the transfer/conveyance documents. H. Notification to Regulatory Agencies/Public In accordance with DoD guidance, the U.S. EPA and FDEP have been advised of the proposed transfer of the Subject Property and draft copies of the EBS and FOST have been provided to those agencies for review. The EBS, and Draft FOST were also made available for public review during a fifteen-day public comment period. All regulatory agency and public comments received were considered and incorporated as deemed appropriate. Any unresolved comments and the Navy's responses thereto are included as Attachment 2 to the FOST. Copies of all transfer documentation provided to the NPLRA will be made available to the U.S. EPA and FDEP representatives upon request after execution of the same. 6.0 Suitability Determination NOW THEREFORE, based upon my review of the information contained in the attached EBS as well as the NPLRA's Reuse Plan, I have determined that the Subject Property is presently suitable for transfer to the NPLRA o the intended purpose. Do Date T.F. B RSSON, CDR, CEC, USN Acting Commander Southern Division Naval Facilities Engineering Command North Charleston, S.C. Page 5 of 5 2775 r FILE # 1 2 9 1 2 8 7 EXHIBIT "C" 8K# 1 7 7 2 PG# 1. 2 :3 0 ADDENDUM FOR TRANSFER HAWK MISSILE SITE (KW-65) # NAVAL AIR STATION KEY WEST, FLORIDA The Base Closure and Realignment Act (BRAC) of 1990, ordered the realignment of Naval Air Station Key West, Florida. Under the realignment, Hawk Missile Site (KW 65)was determined to be excess to the Department of Defense (DoD) mission. An Environmental Baseline Survey Realignment Parcels (EBS), which included KW-65, was prepared in August 1998. This Addendum updates the environmental condition of zL 43 acres of land and improvements (subject property) at Hawk Missile Site (KW 65) singe August 1998 and supports the determination that the subject property is suitable for transfer to the City of Key West under the Public Benefit Conveyance through the Department of Interior for conservation and recreational use. The subject property is bordered on the south by the Key West International.Airport, on the north by Flagler Canal, and on the east and west by woodlands and wetlands. Surface soils at Hawk Missile Site(KW-65) were investigated as part of the Phase I Site Inspection(SI)under the Navy's BRAC Installation Restoration Program. Sections of the SI specific to the subject property are attached to this Addendum as Attachment 1. A copy of the SI is located in the information respository at the Key West Public Library. Subject property was divided into 13 subzones to be investigated. Based on-known information, subzones 2, 3, 8, 12, and 13 were eliminated from further consideration. Subzone 1 (Drainage Area), subzone 4 (Sewage Lift Station), subzone 5 (Generator Building 1-1636), subzone 6 (Burnt Building 1-6530-Former Transformer.Missile Maintenance Bay), and subzone 7 (Former Transformer Storage Area) were investigated for soil contamination. Subzones 9 and 10 (Ponds) were investigated for sediment (eight sample locations) and surface water(seven sample Iocations) contamination,respectively. Three permanent monitoring wells were placed in subzone 11 (groundwater). Analytical results from the soil, sediment, surface water, and groundwater were compared to a residential set of action levels. Note: one of the three monitoring wells (MW04) and subzone 4 are within the boundaries of the FAA transfer and are not discussed in this Addendum. The following paragraphs summarize the findings of the SI. Subzone 1: Inorganics such as aluminum, arsenic, barium, beryllium, chromium, copper, iron, lead, manganese, mercury, nickel, thallium, and vanadium were present in the surface soils but levels did not exceed U.S. EPA or Florida Environmental Protection Department (FDEP) action Ievels. Arsenic was detected in one sample at its FDEP residential goal action level of 2.7 micrograms per kilogram(mg/kg). Of the semivolatile organic compounds(SVOCs) analyzed, only one compound, dibenzo(a,h)anthracene, slightly exceeded its FDEP action level. Dibenzo(a,h)anthracene is a polynuclear aromatic hydrocarbon(PAH), which is usually associated with creosote or asphalt. The City of Key West had stored creosote-treated utility poles in this area in the early 1990s. Volatile organic compounds (VOCs) found analytes of acetone and methylene chloride but below action levels. Subzone 5: No analytes detected exceeded U.S. EPA or Florida Environmental Protection Department (FDEP) action levels. Inorganics such as aluminum, barium, chromium, iron, lead, manganese, nickel, selenium, thallium, and vanadium were present in the surface soils. One SVOC (Bis(2-ethy1hexy1)phthalatc) was detected. VOCs detected include acetone,methylene chloride, tetrachloroethene, and toluene. Page 1 of 4 2776 r I- EILE 91291 2 8 7 PK# 1 7 7 2 PG# 1 2 3 1 ADDENDUM FOR TRANSFER HAWK MISSILE SITE (KW-65) NAVAL AIR STATION KEY WEST, FLORIDA Subzone 6: Inorganics detected below their respective action levels were aluminum, barium, chromium, iron, lead, manganese, nickel, thallium, and vanadium were present in the surface soils, One SVOC (1,2,4-trichlorobenzene) and two VOCs (acetone and toluene) were detected below their action levels. Subzone 7: Inorganics such as aluminum, barium, cadmium, chromium, copper, iron, lead, manganese, nickel,tin, vanadium, and zinc were present in the surface soils but levels did not exceed U.S. EPA or Florida Environmental Protection Department(FDEP) action levels. Thallium was detected in one sample above its screening level. As determined during the data quality objective process,the frequency of detection of thallium indicated a systematic equipment error from the lab and, therefore, the detections would not be used to drive a response action. No VOCs were detected above their action Ievels. One polychlorinated biphenyl(PCB)(arochlor-1.260) and one SVOC (bis(2-ethylhexyl)phthalate) were detected but below action level. Based on the information generated by the SI and the projected reuse of the property for conservation and recreation, the FDEP, EPA, and Navy reviewed the data and determined that no further remedial action was needed for subzones 1, 5, 6, and 7 soils. Subzone 9: Figure 2-7 of Attachment 1 to this Addendum shows the locations of analytes that exceeded action levels. Eight sediment samples were taken of sediments inFponds and one stormwater collection area. Aluminum and vanadium were detected in excess of their action levels at two locations. Barium and zinc found in sample SD04 exceeded their action levels. Copper exceeded its action level only in sample SD01. Lead was detected above its action level of 34.18 mg/kg in all sampling locations. Chromium, iron, manganese, and nickel were detected but not above their actions levels. Sampling location SD05 resfflts indicated that lead, bis(2- ethylhexyl)phthalate,butyl benzyl phthalate and 4,4'-DDE, a pesticide, were present above their action levels. 4,4'-DDE was also detected above its action levels-in sample SD08. The SI estimated noncarcinogenic risks for each chemical detected in excess of its action levels. The estimates indicated that none of the exceedances of aluminum, barium, copper, vanadium, or zinc presented significant human health risks. The chemicals which exceeded their action levels in sediment did exceed ecological guidelines, but most of these were only slightly above their threshold exposure level, or were infrequently detected. Lead found at SD05 was the only exceedance to present a potential ecological risk. The location of SD05 contained more chemical analytes that exceeded the most conservative ecological guidelines than any other sample location. Based on the findings of the SI, the FDEP, EPA, and Navy decided to perform an interim removal action(IRA) in subzone 9. A Supplemental Site Inspection performed for the sites requiring finther action is located in the information repository. The planned IRA at SD05 required the acquisition of a wetlands permit from FDEP and the Army Corps of Engineers. This permit is in effect and will be transferred to the City of Key West upon transfer of the subject property. The IRA performed at subzone 9, SD05,removed 1 foot of sediment from the pond and two feet of soil,from around SD08 as shown below. Page 2 of 4 2777 M 7 FILE # 1 2 9 -1 28 7 BK# 1 7 7 2 P G# 1 2 3 2 ADDENDUM FOR TRANSFER HAWK MISSILE SITE (KW-65) NAVAL AIR STATION KEY WEST, FLORIDA STATION ` 1! `6532 ( f I.653fl I( i i 9528 1 11 j r FORMER 50D GAL. AOMg�O=~, � AST LOCATION GENERATOR. _..—---, OP •'l.�`I� � alad Area ©L➢G [7f PP�tofAas-so-N ST Pr4mmA �/ ORME ON ANS F. •• \ sus 3Tp71DN Excavated Area Excavated Area WATER WATER ..>�: zxcavaied to 1 Foot Excavated to 2 Foot 5Q D, 50 9.00 Feet APPR07(Mr TESCALEY4 After removing 93 cubic yards of soil and sediment, the excavations were resampled to confirm that the chemicals of concern were removed. The confirmatory sampling indicated that the concentrations of aluminum, lead, and vanadium were reduced below their action levels. The pesticide, 4,4'-DDE was not detected at either location after the soil/sediment removal. Clean fill was placed in the excavation at SDO8 and the area was returned to grade. Based on the confirmatory sampling it was decided that the IRA had remediated the site adequately and no Rulher remedial action was necessary. The Navy also removed a small amount of petroleum-contaminated soil from around monitoring well MW-03 during the IRA. A 2,000 gallon diesel fuel tank inside a concrete secondary containment structure had been located near the well. The petroleum contamination was probably from tank filling operations. Confirmatory sampling indicated that all of the petroleum- contaminated soil had been removed. Subzone 1 O: Samples taken from the surface waters at KW-65 indicated that iron was the only substance found exceeding its action levels in one location(SW04). Lead and iron were detected but below their screening levels. No SVOCs were detected in the surface waters. Iron did not present a significant noncarcinogenic human health risk. Iron was the only chemical that exceeded ecological guidelines. However, it did not exceed ecological guidelines for soil. It Page 3 of 4 2778 r FILE # 1 2 9 1 2 8 7 BK# 1_ 7 7 ;_ PG# 1 2 3 3 ADDENDUM FOR TRANSFER HAWK MISSILE SITE (KW-65) NAVAL AIR STATION KEY WEST, FLORIDA appears the iron is not collecting in the sediment and no other chemical exceeded the ecological guidelines. The conclusion for subzone 10 is that no further action is necessary. Subzone 11: Two groundwater wells (MW-05 and MW-06) were installed in the portion of KW- 65 addressed by this Addendum. Barium, iron, lead, and zinc were detected in the groundwater samples taken from the two wells but neither chemical exceeded its screening values. A single VOC, vinyl chloride, was detected in excess of its screening value at MW 05 but no where else. Other VOCs (1,1-dichloro ethane and 1,1-dichloroethene)were detected but below their screening values. No SVOCs were detected. Groundwater concentrations of the analytes that exceeded their screening values were compared to surface water screening values as ecological receptors are not directly exposed to groundwater and no groundwater thresholds have been developed for ecological concerns. Under this more conservative scenario, arsenic was deflected in four of nine groundwater samples. The highest concentration was located at the FAA site. The highest concentration for the KW-65 parcel was 7.51 ,ug/L which is below the FDEP marine surface water action level of 50 k4g/L. Vinyl chloride, detected at 8.6 Mg/L, has no EPA Region 4 or FDEP ecological screening level but the detected concentration is well below the EPA Region 3 screening level of 224,000 mg/L. Also, vinyl chloride was not detected in any surface water or sediment sample. Therefore, the recommended action for groundwater at KW-65 is no further action. The Navy prepared the Decision Document for Ten Base Realignment and Closure (BRAG) Sites, Naval Air Station Key West, Florida(DD), to document the decisions concerning actions taken at and further action proposed for the BRAC sites. The DD included KW-65. This document was presented to the public, FDEP, and EPA for review and comment in September 1999. Comments were received and incorporated into the document. The remedy selections noted in the Decision Document will be implemented, as necessary, through the Findings of Suitability, Land Use Controls, and deed restrictions. As noted in the EBS, lead-based paint (LBP) may be present on any of the painted structures remaining at KW-65. The structures are not "target housing" as defined by 24 CFR 35 and 40 CFR 745 and are not proposed for reuse as target housing.. Based on the findings of the EBSL and the 1997 SI,the subject property may be classified in accordance with joint DOD/U.S. EPA guidance as 4/Dark Green(areas where a release of a hazardous substance has occurred, and all remedial actions necessary to protect human health and the environment have been taken.) L� .moo D e KAREN SNODGRAS Environmental Protection Specialist Page 4 of 4 2779 • F'ILFE # 1 2 9 1 2 P /] .7 1 2 P G# 1 2 a 4 EXHIBIT "D" z A ° 6 O C � O W a 0 0 A Op H a wo w FO o 0 n W © o �, k MUNROR COUNTY OFFECFAi, RECORDS 00 a � � Q U U ❑ 0 QM CV 2780 r