HomeMy WebLinkAbout04/03/2007 Conservation Easement Doc# 1646149 06/04/2007 9:40AM Doc## 1646149
Filed & Recorded in official Records of BIN 2296 P N 1930
MONROE COUNTY DANNY L. KDLHA6E 9
RESOLUTION NO. 07 ].
A RESOLUTION OF THE CITY CONJMISSION 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 NEST,
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 1 2007 .
Filed with the Clerk April 4 2007 .
MORGAN M HERSON, MAYOR
AT •
oe
'PIL
CHERYL SMIT CITY CLERK
Doca 1646149
Bka 2298 pga 1931
Return rewrcted document to:
South Florida Water Management Disftict
3301 G=Club Rwd.,MSC
West Palm Bch,FL 33406
DEED of CONSERVATION EASE NT
THIS DEED OF CONSERVATION EASEMENT is given this 12 day of
.--.--April 20 0 7_� by the City of Key West ("Grantor") whose mailing
address is P.O. Box 1409, Key West, FL 33041
to
the South Florida Water Management District ("Grantee"). As used herein, the term 'Grantor" shad
include any and all heirs, successors or assigns of the grantor, and aft subsequent owners of the
"Property" (as hereinafter defined) and the term ""Grantee' shall include any successor or assignee of
Grantee.
WITNESSETH
WIIEREAS, the Grantor is the owner of certain lands situated in Monroe County, Florida,and
more specificafly described in Exhibit "I" attached hereto and incorporated herein("Property"); and
WIMEMAS, 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. _ S FWMD 2007 096 CO ERP,._ ("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
described on Exhibit"'IT"("Conservation Easement"),
1`TOW, THEREFORE, Grantor hereby grants, creates, and establishes a perpetual
Conservation Easement for and in favor of the Grantee upon the property described on Exhibit
"II" which shall run with the land and be binding upon the Grantor, and shall remain in full force
and effect forever.
Form No. 1190 1
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The scope,nature, and character of this Conservation Easement shall be as follows:
I- Recitals. The recitals hereinabove set forth are true and correct and are hereby
incorporated into and made a part of this Conservation Easement.
Z. Ruwgig. It is the purpose of this Conservation Easement to retain land or water areas
i_n 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 IR) 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 ' ed 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 en oin 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 acfivity 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 ;
e. Surface use except for purposes that pen nit the land or water area to i et nm m
its natural or enhanced condition;
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f. Activities detrimental to drainage, flood control, water co 'on, 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,Recreation FadWes. 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 Agreement, provisions of the Quitclaim Deed
conveyed from United States Department of Interior and the Department of Defense(Exhibit 1R.), 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
Departrnent 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 faci ities 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 I
• fimize and avoid, to the fullest extent possible, unpact
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 in such area;
U. Such facilities and improvements shall be constructed and 40M ' ed
utilizing Best MatWement Practices;
W. Adequate containers for litter disposal shah 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
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5. QgggesReserved--Ri ts. Granter reserves all rights as owner of the Property,
including the right to engage m 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(Exinbit III).
6. No Dedi tion No right of access by the general public to any portion of the Property
is conveyed by this Conservation Easement.
7. ant 's Liability Grantee shall not be responsible for any costs or liabilities related to
the operation, upkeep or maintenance of the Property.
8. property, 'faxes. 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 of the terns, 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 Grandee's rights hereunder.
10. Agi I- Grantee will hold this Conservation Easwient exclusively for
conservation purposes. Grantee will not assign its rights and obligations under this Conservation
Easement except to another organization or entity qualified to held such interests under the applicable
state laws.
11. Severab' ' . If any prevision of this Conservation Easement or the application thereof
to any person or cirmnstances, 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. T .M- and_-Restrictions. Grantor shah insert the terms and restrictions of this
Conservation Easement in any subsequent deed or other legal kishurnent by which Grantor divests
itself of any interest in the Conservation Easemefft. The Grantor shall comply with all the provisions of
the Quitclaim Deed conveyed from Ignited States Department of Interior and the Department of
Defense (Exhibit M) and be subject to all applicable provisions of the Clean water Act of 1977,
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Executive order 11990 for Protection of Wetlands, Executive order 11988 for Floodplain
Management and Title 14, Code of Federal Regulations (CFR) Part 77, entitled "'Objects Afffeeting
Navigable Airspace'.
13. Vrittn 1Tt1 . All notices, consents, approvals or other communications hereunder
shall be in writing and shall be deemed properly given if sent by United Mates certified mail, return
receipt requested, addressed to the appropriate party or successor-ffi-interest.
14. Modifications. This Conservation Easement may be amended, altered, released or
revoked orAy 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 unposed 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 lawfully 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 ConservationEasement; 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 ConservationEasement'; and that it hereby fully wan-ants
and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all
persons whomsoever.
Form No. 1190 5
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Rev. 03/2006
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NPQ9 COUNTY F 1 Lig # 1 2 9 1 2 8 7 Bk# 2298 P9" 1936 it
OFFIC f AL RECORDS PG# .l 2 1 4
RCD Apr 01 2002 02- ; 4 6 P K
� � Y L �L r CLERK
C 0py QUITCLAIM DEED
r
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 "GRANTOW) 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 7 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.
i
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 ie and "where ie 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 I
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PURSUANT to authority contained in the Federal property and Administrative
Services Act of gig, as amended, and applicable rules, regulations and orders
promulgated thereunder, and a delegation of that authority to the Secretary of00
Defense (SECDEF) in accordance with the Defense Base Closure and
ent Act of �1990 Public Lair 101�-51 o 1 o U.S.C. 2687 note, as m to
Realignment _ � �
amended, and a subsequent delegation of the authority by SECDEF to the
Secretary of the Nava the Department of the Navy determined the subject w
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 oovenant 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 small, within S 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
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the use made cf the property during the preceding 2--year period, and other W v
ertinent data establishing its continuous use for the purposes set forth above, U a
a
for ten consecutive reports and as further determined by the Secretary of the
Interior. o�
generated on this property may not be expended for non-recreation
5. Funds g P p Y y p 3t
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 w
the development, operation and maintenance of this property. After this property
has been fully developed in accordance Vith 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 vl 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
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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)1, 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,It or under the authority of
the Federal Aviation Act of 1958, as amended.
1 0_ A document entitled "A Finding of Suitability to Transfer'' (FOST) and a
second document entitled "Addendum for Transfer" are attached as EXHIBIT 111310
and EXHIBIT "C"f 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. Buclh 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-plLint " B P" .
a. A 1996 inspection team identified cans maned "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
i. occupancy of the Property, it will comply with all applicable
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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 purchaser 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 wam, 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 1 9(h)(S) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended, (CERCLA), 42
U.S.C. § 9629(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.
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14. GRANTEE covenants that in accordance with C E R C LA 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 yells 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 andlor licensees that it shall provide written notice to the 9RANTOR 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, leaser license or ether 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 Test and any future successor, assignee, transferee, lender, or lessee of
the Subject Property from any snit, 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 830 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
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propery 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, hereditarnents 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 shalt, 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 QF EXHIBITS: The following exhibits are attached hereto and made a part
of this Deed:
EXHIBIT'A' - Description of PROPERTY
EXHIBIT 613" - Finding of Suitability to Transfer
EXHIBIT"D" - 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 1-rll day of
2002.
7
Doca 1946149
Bk## 2298 Pg## 1943
UNITED STATES OF AMERICA
Acting by and through the Secretary
of the Interior
Through:
Regional Director- Southeast Region
National Park Service
By: �r
Wallace C. Brittain
Chef
Recreation and Conservation
Division
[rational Park Service
Southeast Region
WITNESSES:
.
�
A- -
STATE OF G EORG IA
COUNTY of FULTON
On this of , 2002, before rner the subscriber, personally
appeared tallace C. Brittain, Grief, 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 can
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 Arnerica for
the purposes and uses therein described.
NOTARY PUBLIC
My commission expires-.
"° 'ftt ft Reck*ft aqw2yt
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8
41
FILE # 1 2 9 1 2 S 7
OR# 1 7 `7 2 PG# 1 2 2 2 Wo
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The foregoing conveyance is herebyaccepted and the undersigned agrees, by W 0
P G
this acceptance,, to assume and be bound by all the obligations, conditions,
covenants and agreements therein contained. W
City of Key West, Florida �
By,
Julio A aei
City Ma alter
STATE OF FLORIDA
COUNTY OF MONROE
On this AL day of &AIL 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 i s 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 describeC!2A)k It A
.
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NOTARY PUBY
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FILE # 1 2 9 1. 2 8 7
B K# 1 7 '7 2 P G#1 2 2. 3 E)CMBIT "A"
INTERNATIONAL AIRPORT
Doeq 1646149
Bkp 2298 Pg# 1945 IL
LEGAL DESCRtP'f10N: (Easterly Parcel, Hawk !Vie):
A parcel of land located in Sections 33 and 34, Township 67 South. Rouge 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 Northeost corner of Parcel 41, "PLAT Of SURVEY,
PART OF LANDS FORMERLY OWNED ErY THE KEY WEST IMPROYEMEIVI', INC.", according
to the Plat thereof as recorded in Plat Book 2, Page 69, of the Public
Records of Monroe County, Florida; thence S.19'43'22"E.. along the Easterly
Line of said Parcel 41 Q distance of 1692.60 feet #o the Southeast comer
of Parcel 41; thence N.8W30'52"iN., a distance of 974.45 feet to the
Southwest comer of Pcsrce! 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 fleet to the North Line
of Parcel 42; thence N. 56'38"E., o distance of 450.00 feet to the
Northeast corner of said Parcel 42 (Northwest corner of Parcel 41); thence
N.70r56'38"E., a distvnce. of 900.00 feet to the Point of Beginning.
Parcel contains 7 906780.50 square feet, or 43.77 Acres more, or less.
LESS: (FAA.4
Site)
A parcel of land located on the Island of Key West, Monroe Cqunt . Florida,
and known cis a portion of Trocts 41 and 42, "PLAT OF SURVEY,, PART OF LANDS
FORMERLY OWNED BY KEY WEST IMPROVEMENT, INC.W, according to the Plot
thertof, os recorded in Plat Book 4, at page 69 of the Public Records of
Monroe County, Florida, and being more particularly described 'as follows:
Commerce of the Northwest corner of said Tract 41; thence S 1 9'03'22" E
along the Southwesterly lane of Tract 41, (Northeasterly Una of Tract 42)
for 229.27 feet to a chain link fence and the Point of Beginning; thence
N.73'42'52"E., and olong the said chain fink fence a distance of 234.38
feet; thence S.02'37'43"W.. o distance of 158.45 feet; thence
H.81.23 04"W., a distance of 71.28 feet; thence S.8X46 34"W., a distance
of 236o64 feet; thence S.7T21'29"W.. a distance of 32.35 feet to a chain
link fence; thence N.20'37'44"W., and along the chain lick fence a distance
of 22.51 feet; thence N.4Cr18`01*E., o distance of 105.31 feet, along the chain
link fence; thence N 73'42'52" E and continuing along the chain link fence
for 50.73 feet to the Pont of 'beginning.
Parcel conto+ns 35823.12 square feet or 0.62238 acres, more or less.
Centedirte
Description: ` wide Ingress & egress 0086m6nt: L50" wide easement
A fifty (50) foot w ingress and "loss eaoornent located on the is#and of
Key West, Monroe ' . and being rnore particulary deacrib ad as
er of tot 1 "CORAL ES-ThTESw,
fo�aws.• lron�rn once at t rtheast corn
rig to the plot , as ! rded in Plot Book 3, at Page 97 of
the Pubic Records of Moni County, fir ido. d point also lies on the -�
Southea*Wy Right---of�Way Line of Flogler Avenue and having State Plane
C.00r dingy based on F1*AJa East Zone. 1983/1990) of N 82648. 6, E j
3993M. ; thence S.7C'5W1 G'W., along the sad Southeasterly fight-of-Way
Line of Ftagler Avenue a distance of 326.94 feet to the fie of
Government Road and the Point of Beginning of the Center llne of the said 50
L0.
feat wider easerr�ent (sa;d ea �
25 feet on each side of the
tions thence SIT06"58" ., along the said ,
foltdw�ng mates and bounds descrip
centerlime of Govemment Road a dunce of 417.01 feet to the end of
Govemment Rand; theme S. '17*E. a distance of 280.58 feet to the �=
point of curvature of a curare to the left, laving: a rodius of 40D.00 feet. a }
central angle of 2C'39 C5 . a chord bearing of a.70r l 49"F. and o chord �-
length of 143.39 feet; thenm along the or of said eunve, an arc length of
144.17 feet to the point of tangency of said curve; thence S.W39'21'E., a
dWamv of 56.37 feet to the point .of curvature of a curve to the left,
haain : o radius of 1000.00 feet, c central angle of 1726"59". a chord X v
V0
n an9 of S.872 51"E. and a chord length of 303.38 feet, thence along the rJ
of said curves an arc ;gth of N9,v55 feet to the paint of to MY of N �
d curve; thence R+81'53*40"PE., a distance: of 236.54 feet; thence N.8W
OV45'E., a disaance of 1. 3.40 feet to the paint of curvature of c curm to -Q�
' ra lus of �.00 feat a central a le of 1 V37'D7'. a
. the � ha�nng a � " _
chord b*arirrg of 1V.75'47'`11 . and a cord length of 37.01 fast; thence W
aim the we of sold cure, an or length of 37.07 feet to the point of
tangency of acrid curve; thence N.73" '38"E., a distance of 124.00 feet to
the point of curvature of a carve to tip right, haring: a. radius of 5W.00
fset a central a chord of 17'32'4 ", a d teams of K8 '16'06"E. and a
chord nth of 1 2.51 feet; thwwo oWV the are of sold cum, on arc
length of 153.11 feet too the point of tangoncy of sai d curve; thence S-W
58'38"E., a distance of 203.98 feet; thence N. 3S33T.. a di nce of
223M87 feat; thence N.4W23"2rE:# a distance of 1774.37 feat to the paint of
curvature of a curve to the left, having: a radius of 60,000 feet a central
and of 1 27'50itt a Ord bearing of N.3TO9'28"L and a chord length of
97.37 feet; thence akng the are of said cum, an arc length of 113.55 feet
to the point of tongency of said curve; thence N.I W04t27V, a distance of
615.55 feet to the ant of curvature of a curfe to the right, hcMng: a
radius of 115.00 feet, a cenW angle of 4W09'33. a chord bearing of N.05'
30'19*E. and a chord length of 95.87 feet: thence along the are of said
curve, an arc kwigth of 98.67 feet to the paint of tongoncy of said currref"
t N.W 5"OVE, a do'etanco of 146Z4 foot to the point of curvature of
a curve to the right, ha ng: a of 200,00 feet, a central angle of 39'
12`19', a chard bearing of N.4 11'15"E. and a chard length of 124*29 feet;
thence along the arc of wd curve, an arc length of 126.3E feet to a chain
fink fence and the end of the centerlines of a 50 foot Bride ingress and
ego a nt and whose coordi n a re N &3049,47 and E 402796,81;
t ong a baserjne of a 35 foot wide Easanmt being 10 fee Northerly
of and 25 f6et Southerly of and porcAiel w'�th the said baseline for the
following three (3) metes and bounds; (1) thence N 70*21'29* C for 32.13
feet,; (2)thence N 83'46'34" E for 233.18 feet.- thence (3) S 81'&23'§W E for
71.03 fart to the end of the said 35 foot wide ecoernent cnd coorcrinates are R 8W74.85 and E 403 f 28.93.
��- •�: }:+.r��r � .e '�;?*�' . '�.�;'�t3�•rt'ir �.�"fi3�}',�t yi7:a;:.:�'�- �%��Ya^3°..`.Y_'7,.,..:'."`.r` :"'• -.'...j-r,. ,v— �r+s,•1i.=� rSia s"^1•rSa'•_•_ - ,,,, T. •err
F I L L # 1 2 9 1 2 19 7 EXMIT c-cB')7
Ht 1 7 r 2 PG# 1 2 2 5
Fn TDING of SUITABIL "Y To TRANSFER
HAWK MISS1LE SITE(KW-6�) ao v
KEY WEST,FLORA a n
ao-th
1.0 Purpow
This Finding of SuitabiUo to T (FOST)documents my dete as the responsible
Department of Defense(DoD)component Of�icialt that the real property and associated
improvenre s known as Hawk Missile Site KW--65(Subject property),Naval Air Station Key �
West,Florida, are environmentally suitable for deed transfer to the pity of Ivey west Davy
Properties Local Redevelopment Authority(NPLRA) for use in accordance with the l PL1 A's
Redevelopment Plan the Plxblic Benefit Conveyance for conservation recreational use
approved by the Department of the Interior(D01). 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
rtineut information related to property tsfer requin=mts are stated.below.
2.0 Property DescripWou
The Subject Property comprises±43 acres of land acquired by the United States in 1964 for
the estalalis ent of an Army Shore Defense TJnit,Hawk Missile Cor mnd as further
described in the attached BBS.
3.0 Past and F osed 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 constrnetion of the mobile launch equipment pads
and bem3s. The property was trausfen-ed to the Davy in the early 1.980s. The Navy bad no
operations on the Subject Property. A'Vietnam Veterans group obtained a license from the
Navy in 1994 for use as a"stand downs'location. proposed use would include medical
checkups,meab, and clothing dispawment. Dltknately,the group set up residence in tents
and occupied the property full time. The Navy nullif ed the license in 1995. At no time during
the documented Govmmxmt 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
a�ad recreation.
4,0 Environmental Find inns
All available information concemmg the past storage,release or disposal of arty hazardous
substances and/or petroleun products on the Subject Property as coated through record
searches,available aefid photographs,persomel 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 ize those fmdings 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 aoquhred since development of the FBS. A.Site Inspection, conducted in
Pagel of S
■
r
PG 22e;
FI THING of SUITABELITY TO TRANSFER
HAWS`MISSILE SITE (KW-65)
--KEY wESTt FLORIDA Doco 1646149
BkV 2298 Pg# 1948
1998 determined there had been a ardous substances releases resulting in levels above
residentW aeon leveLs in the folloWMg locations:
Sub one 1 rainme ea ; Dibe (a�b) acene was detected at 122.3 Ag/kg Mn
excew of its 100 yglkg 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" ("bus, 1998)
Sub ne Tonds-Sgdi=�nt : Several inorgames 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 an locations. Two semi-volatile organic compounds(SVOCs)were detected
m 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 Sly-og. No VOCs were detected. The investigation
included a calculation of noncaremogenic risks for aluminwa , copper,
vanadaum, and zinc. The calculations indicated none of these orgamcs presented
signcaAAAt heath risks. Ecological riffs were also calculated. AU chemicals
detected in excess of their action levels exceeded ecological guWelines. Most;however,
ordy 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 ecoldgical risks. Foir othff chemicalTfound in sample SD-
05 were found to exceed the most conservative ecological guidelines(wdmh=4 bis(2.
ethylhexyl)Phthalate,4,4-DDE and butyl benzyl phthalate). it was decided that an
nteran removal action.(IRA)should be conducted at subzone 9. A drawing showing
the location of the sub-zones.is attached to the Addends for Transfer as Attachment 1.
The IRA resulted in the removal of sail 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 ftirther remedial action required
was entered in the vision Document for Ten Base Re ' t and Closure(13RAQ
Sites,Naval Aar 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
8K# 1 7 7 2 PG* 1 2 2 7
FINDING OF SUITABILITY TO TRANSFER
HAWK MI SELE SITE(KW-65)
KEY WEST,FLORIDA.
C. Other Environmental Aspects Dock# 1646149 �
BkU 2298 PgN 1949
1. Asbestos-Containing Material(ACM)
Non-fdablc asbestos-wnt n* material(ACK was observed only in the main
admini ation h&ding in the form of vinyl floor tiles and transite paneling during the
19 94 site visit. During the licensed use in 1995-1996 by the Disabled Vietnam
Veterans,the WIding was gutted and refit, This buMing was transferred to the FAA
in 1999. There ` ` buildings ,which are included in this , did not contain
ACM.
2, mead-Based Paint(LBP)
During an site visit in 1996,the inspection team noted cans narked"lead-pant"
were stored in an adjacent bunker by the veterans group. Thewfore,it is presumed that
the veterans group did apply lead-wed paint to the extefiors and possibly the interior of
the buildings. These suvctures are not considered target housing. A Lead-Based Paint
Hazard Notice is provided as Attachment 1 to this FOST.
3.0 Polychlorinated Biphenyb(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 sampliag of the area
indicated very love levels of PCB concentrations were present in the soil. Subsequent
sampWa 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.
Altuninurn,barium cadnii=4 cbro u n, copper,iron, lead,manganese,nickel,
thallium,tin,vanadium,and 2inc were detected at concentrations below their action
level. One PCB(arochlor-1260)and one SVOC(bis(2-ethy1hexy1)phthalate)were
detected below heir 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 Sipbee Park,there is no expectation that radon is present at the
Subject Property an quantities that exceed the EPA action level of 4 pico Curies per liter.
5*0 Re ulmments Applicable to Transfer
A. National Euvironmental Policy Act(NEPA)
An EnA nmenW 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 Si cant Impact was signed in February 2000.
Page 3 of 5
FIL9 # 1291287
8 # :� 7 7 2 P G# 1 2 2 8
Fl"I G OF SUITABILITY To TRANSFER
HAWK MISSILE SITE(]KW-0)
KEY WEST,FLOREDA►.
aocN 1646149
Bk# 2298 Pgp 1950
B. Hazard Substance Notice
In accordance with Section 1 )(3XA)(i) of the Comprehensive Environmental
Response, Compensation,and '.m" bi*.Act(CERCLA),the deed transferring the
Subject Property must provide notice as to those hmwdous substances which it is
lmown, based upon a complete search of agency des,were stored for one year or more,
releaseda or disposed of on the Subject Property and all response actions taken to date.
A list of ha-aarrdous substmum detected on the Subject Propety and the appropriate
response taken is attached to this POST as Exi it I,
C. CERCLA Covenants
In accordance with CERCLA Section 120(h)(3)(A)(ii)(1),the deed tainsferring the
Subject Property shah contain a covenant that all r action necessary
to protect human health and the environment with respect to any us substance
. .renumung on the propmV bas been taken before the date of txausf r.
In accordance with CERCLA Section 120(h)(3)(A) n)(11).the deed transferring the
Suhject Property shad contain a covenant wanvnfing 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)(ui),the deed fr=ferria►g the Subject
Paropexty shad contain a clause granting the united States aces to the property an any
case in which a response action or corrective action is found to be nemsmy after such
date at such property,or such access is necessary to carry out a response action or
corrective aietion on adjo` g property-
The right to enter to be set forth include the right to conducts testsi investigations,
five-yam'reviews,surveys,finds where necessary, rffi z test phtin&boring, other
5ua lar activities. Such right shall also include the right to construct,operate,nr�intain,
or undertake any other response action or corrective action as required or necessary,
including but not limited to,monitoring wells,p Is 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 Subect Property contains several salt ponds and any
development of the property will require compliance with applicable federal,state, and
low wetlands and environmental laws and regulations.
Page 4 of 5
• BK# 1 7 7 2 PG#1 2 2 9
FLING of SUITABILITY To TRANSFER
HAWK MISSILE Sff E(KW-65)
ITS VVFST, FLORIDA
Dock# 1646149
Bkq 2298 Pgq 1951
F. hdemn ification
The federal goveniment shah hold harmless, defend,and indemnify the NPLRA and any
future successor, 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, cunt ~ t,petroleum product,or petroleum
derivative retting from Departnxnt of Defense activities on the property subject to the
conditions speed in and to the extent authorized by Section 330 of Public Later 102-
454, as amended by Section 1002 of Public Lave 103-160.
G. Environmental Compliance Agreementsfflermits/Orders
The Navy acgw- ed a wetlands permit to remove the contamimted sediment from the
pond. This permit in eft. 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 D+oD guidance,the U.S. EPA and FDBP have been advised of the
proposed transfer of the Subject Property and draft copies of the EBS and POSE"have
been provided to those agencies for review. The EBS, and Draft FOST were also made
available for public review during a Been-day public comment period. All regulatory
agency and public co s 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 do cumentation 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 SuitabiliiW Determination
NOW T"XREFORR,based upon any 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 the intended purpose.
Date T.F. RSSON,CDR,CEC,USN
Acting Con3ander
Southern Division
Naval Facilities Engineering Command
North Charleston} S.C.
Page 5 of 5
4
law-
FILE # 1291287 E)Cmff
# 1772 PG# 1. 230
ADDF14DUM FOR TRANSFER W 0
ti
�WK MISSME SITE w-65) a a
NAVAL AIR STATION KEG'VMST FLORIDA �
The base Closure aand Realignment.fit(BRAS) of 1990, ordered the reapment of Naval Air
Staflan Ivey west,Florida. Under the realigment,Hawk Missi Site XW�65)was detemined
to be excess to the D t of (DOD)pion. An Eu' o��Base�,e Surrey
Realimment Parcels(EBS),which included Tom'-65, was prepared in August 1998. This
Addendum updates the eavironn=W condition of A:43 acres of land and iu provements(subject
property)at Hawk Missffe Site(KW-65)singe August 1998 a supports the de 'on that
the subject property is suitable fvr transfer to the City of Key west under the Pudic Benefit
Conveyance through the Depuftnent of Interior for conservation and recreational use. The
subject property is bordered on the south by the Key West Infernational A1rgort,on the nortb.by
Fla.gler Cam,and on the east and west by woodbmft and wetlands.
Surface sofls at Hawk Missile Site(KW-65)were invest ated as part of the Phase I Site
Inspection(SI)under the Navy's BRA.0 InsWktion Restoration Program. Sections of the S1
specific to the subject property are attached to this Addendum as Attachment 1. A,copy of the
S1 is located in the information respo sitory at the Key west Public Library.
Subject property was divided into 13 sub zones to be finmsftated. Based on-known information,
subzones 2,31 83 12,and 13 were elated from fiwflxw consido ration. Subzone I (Drainage
Area),subzone 4 Sewage Lift Station), subzone 5 (Genmtor B I-1636), subzone 6
(Burnt B�i�1-6530--Farmer Transformer.]fissile Bay),and subzone 7 or=r
Trandonmer Storage Area)were irrvesdgated for son.cont Subz&nes 9 and 10
(Ponds)were inves#igated for -(eight sample locations)and=fa+ce water(seven sample
locations)coat 'on,respectively. 'Three permanent monitoring wells were ph oed in
subzone I I (groundwater). Analytical results from the soil,s water, and
groundwater were conVared to a res* iontial set of action levels. Note: one of tyre three
monitoring wens OJW04)and subzone 4 are�n the boundaries of the FAA,transfer and are
not discussed in.this Addendum. The following p hs the findings ofthe S1.
S zb one t: organics such as ' urn! arsenic,ba dum,beryniumn chromium, copper,iron,
lead, neanese, rcury,nickel,thdkwa, and vanailium were present in the surface soils but
levels did not exceed U.S.EPA or Florida EnvironmenW Protection Deg t(FDEP)action
levels. Arsenic was detected in one sample at its FDEP residue goal action level of 2.7
micrograms per kilogram(mg/kg). Of the semivolatile orgainic compounds(SVOCs) analyzed,
only one compound, (a h)anthraoene, slightly exceeded its FDEP action level.
Diben o(a,h) ene is a polynuclear aromatic hydrocarbon(PAH), which is usually
associated with creosote or asphalt. The City of Key west had stored creosote-treated uft
pales in this area in the early 1990s. Volatile organic comrpoucnd.s(VOCs)fauna analytes of
acetone and methylene chloride but below action levek
SqbzDLw 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
S-VDC(Bis(2-ethy1hexyl) ihthaWe)was detected. VOCs detected include acetone,methylene
chloride,tetra►chlozoethene, and toluene.
Page Iof4
FILE # 1 2 9 1 2 8 7
ma
WO
U A
ADDENDUM FOR TRANSFER W U
VM MISSIOLE Sff]E(KW-65) Its CO
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ne Inorganic detected below their respective actin levels were ahiminum, W
chromium, iron, lead.,manganese, nickeL thallium and v=&um were present in the swrface �
sons. One SVOC(1,2,4-trichlorobenzm)arxd two VOCs(acetone and toluene)were detected
below their action levels.
5mbzo 7_ Inorganics such as aluminum, barium, chromium copper,iron,lead,
ruangawse,niciceL tin,vanadhm36 and zim were present irl the surface sods but levels did not
exceed U.S. EPA.or Florida EnvironmenW Protection.Department(FDEP)action levels.
Thalliumwas detected in one sample above its screenmg level. As detemiwd during the data
query objec&e proem,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 poly6lorkated
biphenyl(PCBXarochlor-1260)and one SVOC (bis(2-effiy1hexyDphtha1ate)were detected but
below action level.
Based on the information generated b the I and the projected reuse of the property for
� �
conservation and recreation,the FDEP,EPA,and Navy reviewed the data d dete i jil ed that
no further remedial action was needed for subzones 1, 5, 6, and 7 soils.
f Subzo 9: Figure 2-7 of Attachment 1 to ths Addendum shows the locations of anabfts that
exceeded action levels. Eight sediment samples were taken of sediments in ponds and one
stox water collection area. Alunfumandvanadium were detected in excess of their action
levels at two lotions. Bad=and zine found in sample SDo4 exceeded their acction.levels.
Copper exceeded its action level only in sample SDO L Lead was detected above its action level
of 34.18 mg/kg in all-qamplung locations. Chromium,iron, ese, and nickel were detected
but not above their actions levels. Sampin�location SD05 resas aadicated that lead.,bis(2--
ethyihexyl)pbthalate,butyl bemyl phthalate and 4,4'--DDE,a pesticide, were present above their
action levels. 4,4'DDE was also detected above its aeon levels in sample SDOS. The SI
0
estimated noncarcimogemc risks for each chemical detected in excess of its action levels. The
estimates kdicated tit none ofthe exceedances of abirnimim.barium, copper,vanadiunm, or
zinc presented vi t human health riffs. The chemicals which exceeded their action levels
in sedhnent did exceed ecologies guidelines,but most of these were only slightly above their
threshold exposure level,or were infrequently detected.. Lead found at SDOS was the only
exceedance to present a potential ecological rxs]. The location of SDO5 contained more
chemical analytes that exceeded the most co tie ecological guidelines than any other
sample location. Based on the Endings of the SI,the FDEP,EPA, and Davy decided to:perform
an interim removal action(IRA)in subzone 9. A Supplemental Site Inspection performed for
the sites xetlumng father action is Located m.the information repository. The planned I1A.at
SDo5 required the acquisition of a wetlands permit from FDEP and.lie Army Corps of
Engineers. This permit is in ect and will.be transferred to the Cif of fey west upon transfer
of the subject property. The IRA performed at suubzone 9, SD05,removed 1 foot of sediment
from the pond and two feet of soil from around SDog as shown below.
Page 2 of 4
BK# 1 7 7 2 PG# 1 2 3 2
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ADDENDUM FOR TRANSFER '� a
EIAWIK MLSSIL E SITE(IKW-65)
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A&r removing 93 cubic yards of sod and se the excavations were resampled to confirm
that the chemk*& of concern w=rmoved. T'he co tory samla�ng indicated that the
conoentrations of ' um,lead,and vana&um were reduced below their action leveels. T`he
pesticide,4,4!.. DE was not detected at cid=location after the wills t remov1. man
fill was placed in the excavation at SDO8 and the area was retumed to grade. Based on the
conu 8 tol-Y sraMpling it was decided that the IRA had ed the site adequately and no
further rem e action was ne sary.
The Davy also removed a sn 1l amount of petroleum-contaminated sod from around monitoring
well lbw-03 during the IRA. A.2,000 gallon diesel fuel tank inside a concrete secondary
conuinment Structure been located near the well. The petrolcum cont was
probably from tat fling pperations. Confirmatory samling indicated that all of the pet mleum-
coast r&Wed sail had been removecL ,
Subzone Io: Samples taken from the surface waters at KW 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 Svo s,were detected in the surface waters. Iron did not
present a significant nonearemogem h an baft risk. Iran was the only chemical that
exceeded ecological guidelines. However, it did not exceed ecological guidefnes for soil. It
Page 3 of 4
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FILE 91 291 287
GK# 1 7 7 2 PG#1 2 3 3
ADDENDUM FOR TRANSFER W a
HAWK MISSn.F S (KW-65)
NAVAL AIR AIR STATION KEY WEST FLORA. Go
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appears the iron is not collecting in the sediment and no ether chemical exceeded the ecological
'defines. The conclusion for subzone 10 is that no finther action is necessary. �
Subzo 11: Two groundwater wells(MW-05 and III'-06)were installed in the portion of W-
65 by this Addendum Badumx iron, lead, and Inc were detected in the groundwater
samples taken from the two we0s 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,l-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 conoerns. Under this more conservative scenario, arsenic was detected in four of nine
groundwater sarnpim The highest concentration was located at the FAA site. The highest
concentration for the Kw-65 parcel was 7.51 AigIL which is below the FDEP marine surface
water action level of 50 yg/L. 'Vinyl eblonde, detected at 8.6,zg/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 jcg/L. Also,vinyl chloride was not detected in any surface water or
sediment sample. Therefore,the recommended action for groundwater at w-65 is no flu-her
action.
4
The Navy prepared the Decision.Document for Ten Base Re fi, tand Closure(BRAQ Sites,
Naval Air Station Key west,Florida.(DD),, to document the decisions concenih*actions taken
at and further action proposed for the BRAG sates. The DD included Kw-65. This document
was presented to the public,FDEP, and EPA for review and comment in September 1999.
Corn nents were received and inewporated into the document. The remedy selections noted in
the Decision Document will be imp1mented,as necessary,tbrough the Findings of Suitability,
Land Use Controls, deed restriobons.
As noted k the EB S, lead-based paint(LBP)may be present on any of the painted structures
. .remammg at W-65. The structures are not"target housing' as def ned by 24 OFR 3 5 and 40
CFR 745 and are not proposed for reuse as target housing..
Based on the Endings of the EBSL and the 1997 S1,the subject property may be classified in
accordance with joint DoD1l.l+S.EPA.imidanm arc 4/Dark Green,(areas where a release of a
hazudous substance has occurred.,and all remedial actions necessary to protect human health and
the environment have been taken.)
)
4DejAg ITT SNODORAS
Environmental Protection Specialist
Page 4 of 4
2 all-- -i
1 2 9 E3 7
7 7 2 PG# 1 2 3 4
Doc# 1646149
0 Bk# 2298
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PgN 1956
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MUNROE COUNTY
OFFTCThf, RECORDS
IN WITNESS WE EREO , City of Key West (grantor) has hereunto set
its authorized hand this 5 day of April 200 7
a Florida corporation Dec##
1646149
i BkU 2298 P9N 1957
By.
•Pant�n.e: N&S
Title: I
Signed, sealed and delivered
in our a ence as wit ses: ;
By:
t7Print Haute: QI� r
By:
P * U '
nt Name• ►S - Pre ared
p y.
City of Ke.y Vest Clerk's Office
SAS Angela street
STATE of FLORIDAss: Y�e Nest, Florida 33040
COUNTY OF- CX1W
}
Can this dayof 20 � � before me the undersigned nopublic,
� `y
personally appeased the person who subscribed to the foregoing
instrument, as the (title}, of (corporation), a
Florida corporation, and a6kno4edged th he/she executed t e same n behalf of said corporation
and that he/she was duly authorized to do so. He/She is personally know to me
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC, STATE of FLORIDA
MONROE COUNTY
OFFICIAL RECORDS
Print Name. PAWF4N
-a�` dG:: Pamela S. ]e�iAa!
My Cornmission Expires: 7 ;2,0/0 *: Ornmissian#QD39 78
- . %, Expires September 7 2010
+�r Bonded troy Few insurance,inc �-3dS-7D1�
Form No. 1 I90
Standard
Rev. 03/2006
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