HomeMy WebLinkAboutItem I12 I12
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
September 10, 2025
Agenda Item Number: I12
2023-4513
BULK ITEM: Yes DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Pedro Mercado
N/A
AGENDA ITEM WORDING: Approval of the First Amendment Of Deed Conservation Easement
with the South Florida Water Management District pursuant to permitting requirements for the Taxiway
A Extension and Mitigation project at Key West International Airport.
ITEM BACKGROUND:
In 2007, during the period of time the city owned the Hawk Missile Site, the City of Key West granted
the SFWMD a perpetual Deed of Conservation Easement, dated April 12, 2007, encumbering a portion
of the real property at the Hawk Missile Site. The City granted the conservation easement to the
SFWMD pursuant to a Consent Order with the SFWMD (#2007-096-CO-ERP).
In 2023 the City and the County entered into an Interlocal Agreement wherein the City of Key West
transferred title to the Hawk Missile Property to the County via quitclaim deed. The County took
possession of the property with the 2007 conservation easement previously granted to the SFWMD by
the City attached to the property as the easement is a covenant that continues to run with the land. The
County obtained possession of the Hawk Missile Site in order to comply with permitting (mitigation)
requirements for the Taxiway A extension project at Key West International Airport. This amendment
allows for additional mitigation work to be performed within the boundaries of the Hawk Missile
property previously encumbered under the conservation easement the City granted to the SFWMD
under the 2007 consent order.
PREVIOUS RELEVANT BOCC ACTION:
Approved Resolution 518-2022 expressing the county's commitment to provide conservation easements
as required by the Taxiway A Extension and Mitigation project at the December 7, 2022 regularly
scheduled BOCC meeting.
INSURANCE REQUIRED:
No
5358
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
EYW City HMS SFWMD Conservation Easement Amendment Final 8-22_25.pdf
TWYA- CE commitment- Resolution 518-2022.pdf
FINANCIAL IMPACT:
N/A
5359
Prepared by, record and return recorded document to:
Hawk Missile Site Mitigation Area Taxiway A Beverly
Birkitt,
Birkitt Environmental Services, Inc
And
Pedro Mercado
Chief Asst. County Attorney, Monroe County
I I 1112th St., Suite 408
Monroe County, Fl. 33040
South Florida Water Management District
Regulation Division - MSC 9410
3301 Gun Club Road
West Palm Beach, FL 33406
Permit No. 44-108035-P/Application No. 220216-33227
FIRST AMENDMENT OF DEED OF CONSERVATION EASEMENT
This First Amendment of Deed of Conservation Easement ("First Amendment
of Conservation Easement") is made this loth day of September, 2025 by the SOUTH
FLORIDA WATER MANAGEMENT DISTRICT ("District") with its principal address
being 3301 Gun Club Road, West Palm Beach, Florida 33406, and Monroe County, with its
principal address 1100 Simonton Street, Suite 205, Key West, FL 33040 ("Grantor").
WITNESSETH:
WHEREAS, the City of Key West granted the District that certain Deed of Conservation
Easement dated April 12, 2007, and recorded in Official Record Book 2298, at Page 1930 of the
Public Records of Monroe County, Florida, (the "Conservation Easement") encumbering the real
property described in Exhibit"A" (the "Original Premises");
WHEREAS, the Conservation Easement was required by Consent Order No. SFWMD
2007-096-CO-ERP; and
WHEREAS, the City of Key West transferred title to the property containing the
Conservation Easement to the Grantor, as reflected in the Quit Claim Deed dated March 7, 2023,
and recorded in the Official Records at page 1252 of Book 3230 of the Public Records of Monroe
County, Florida; and
WHEREAS, the Grantor requests to amend the Conservation Easement to allow for the
creation of flushing channels and associated mitigation activities, as shown in Exhibit B, to
Copied from ADMIN 38021708v3
5360
maintain and improve tidal connections within the Conservation Easement as approved in Permit
No. 44-108035-P/Application No. 220216-33227; and
WHEREAS,the District is amenable to the above request,and the District agrees to amend
the Conservation Easement as set forth below.
NOW, THEREFORE,for good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged by the parties hereto,the Grantors and the District hereby agree as
follows:
1. RECITALS. The above recitals are true and correct and are hereby restated in
their entirety.
2. Paragraph 3.d. of the Conservation Easement, regarding prohibited uses, which
states "Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material
substance in such manner as to affect the surface" is hereby amended to read: "Excavation,
dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner
as to affect the surface, except for the creation of flushing channels and associated mitigation
activities, as shown in Exhibit B, and as approved in Permit No. 44-108035-P/ Application No.
220216-33227."
3. COVENANT RUNNING WITH THE LAND. The Conservation Easement shall
remain in full force and effect as a covenant running with the land and all other terms and
conditions of the Conservation Easement, as amended, shall remain unchanged.
[EXECUTIONS BEGIN ON FOLLOWING PAGE]
Copied from ADMIN 38021708v3
5361
IN WITNESS WHEREOF, Grantor has caused this Amendment of Conservation
Easement to be executed effective as of the date and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By By
As Deputy Clerk Mayor James K. Scholl
IN WITNESS WHEREOF, District has caused this Amendment of Conservation
Easement to be executed effective as of the date and year first written above.
SIGNED, SEALED AND DELIVERED IN DISTRICT:
THE PRESENCE OF:
SOUTH FLORIDA WATER
MANAGEMENT DISTRICT
Name:
By:
Jesse Markle, P.E., South Florida Water
Name: Management District Bureau Chief
STATE OF FLORIDA )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me by means of [ ] physical presence
or [ ] online notarization this day of , 202,by Jesse Markle, P.E., Bureau Chief,
Environmental Resource Bureau of the South Florida Water Management District, a government
entity created by Chapter 373, Florida Statutes, who is personally known to me.
Print Name:
Notary Public, State of Florida
My Commission Expires: [NOTARIAL SEAL]
Copied from ADMIN 38021708v3
5362
Exhibit"A"
SEE ATTACHED
Copied from ADMIN 3802170M
5363
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
5364
Exhibit No. 3.4 Permit No. 44-108035-P Page 7 of 12
(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.70'55tj 6"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
OWL. 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 beaarfn9 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'
5365
Exhibit No. 3.4 Permit No. 44-108035-P Page 8 of 12
,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
5366
Exhibit No. 3.4 Permit No. 44-108035-P Page 9 of 12
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
5367
Exhibit No. 3.4 Permit No. 44-108035-P Page 10 of 12
Exhibit `B"
SEE ATTACHED
Copied from ADMIN 38021708v3
5368
Exhibit No. 3.4 Permit No. 44-108035-P Page 11 of 12
69£5
N
N� .
r� w
w
o
- 0 w ,
yr w w
m w w
w u r J 01
a ��
z ,
� a
a w w o
- o 0
-
N r g o
o � o
Z _
LL
y, o
A
Y , h w z o
o
0
o
z
zw
z w w
� L
0
? w
�- o
o ,r Lij
1 LU
w �s
LU
—
x., e e
e a ' U)
o p
� N O
w
M m m m m m m
_ a
m
_ N W 0
00
m m m m 3
n 3 W V
_ - J
z E E e � E
= r
m
3
� r
a
ui
0
i f
q
0
a � /
a
i
i'
w 0 0
u y w
o
�� 1 ,/ � o 3:
o
z
o
z
a
� o
0
0 0 0
o o
o o
0
F w c z
0 a
w o o
O
w
� Z
z 0
W
w 3 x
W
Z�o
RESOLUTION NO. 518 -2022
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS EXPRESSING THE COUNTY'S COMMITMENT
TO ENTER INTO A CONSERVATION EASEMENT OFF-SITE ON
THE HAWK MISSILE SITE AND A PORTION OF TARPON BELLY
KEY AS PART OF THE TAXIWAY A EXTENSION AND
MITIGATION PROJECT TO SATISFY SOUTH FLORIDA WATER
MANAGEMENT DISTRICT PERMIT REQUIREMENTS.
WHEREAS,the Key West International Airport received approval from the FAA
to extend Taxiway A approximately 280 feet to the west to provide better access to
Runway 9 end;
WHEREAS, aircraft currently departing from Runway 9 have to back-taxi along
the runway to use existing runway length for takeoff at the Key West International
Airport; and
WHEREAS, Taxiway A extension approximately 280 feet to the west will
eliminate the need for aircraft to back-taxi along the runway, improving the efficiency
and safety of airport operations; and
WHEREAS, Key West International Airport is bordered by environmentally
sensitive wetlands; and
WHEREAS, the Federal Aviation Administration has approved $7,045,653
dollars in grant funding for construction of extension of Taxiway A and mitigation of
disturbed wetlands associated with the project; and
WHEREAS, in furtherance of the Taxiway A Extension and Mitigation Project
Monroe County has applied for a permit with the South Florida Water Management
District; and
WHEREAS, as the County is proposing an off-site mitigation project on the
Hawk Missile Site and on a portion of Tarpon Belly Key as a condition of the South
Florida Water Management District permit which requires the County to enter into a
conservation easement or other equivalent document pursuant to Florida Statue section
704.06,
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that at such time as the
terms, dimensions and legal description can be finalized, reviewed and approved by the
County Attorney's Office for the conservation easement areas required by the South
Florida Water Management District permit for the Taxiway A Extension and Mitigation
5370
Project, the County will execute said conservation easements as a condition of the permit
and commit to maintain the mitigation areas in accordance with the permit
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 7'day of December, 2022.
Mayor Craig CatesS-
Mayor Pro Tem.Holly Merrill Raschein Yes
Commissioner Michelle Lincoln Yes
Commissioner James K. Scholl Yes
Commissioner David Rice Yes
% BOARD OF COUNTY COMMISSIONERS
t: MADOK, Clerk OF MONROE COUNTY, FL
By ............ By_
As Deputy Clerk ayt a.
NROE COUNTY ATTORNEY
WV FOFVA
00
AS NTY ATTORNEY
11/15/22
5371