HomeMy WebLinkAbout09/10/2025 Easement Amendment GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: September 11, 2025
TO: Beth Leto, Airports
Business Manager, KWIA
Pedro Mercado
Assistant County Attorney
FROM: Liz Yongue, Deputy Clerk
SUBJECT: September 10, 2025 BOCC Meeting
The following item has been executed and added to the Official Record:
I12 1 st 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.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
Prepared by, 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 Doc#2514926 60 3344 P90 992
1111 12th St., Suite 408 Recorded 9/1 1/20F25 1.32 PM Page 1 of 10
Monroe County,Fl. 33040
Deed Doc Stamp$0.00
Filed and Recorded me'V �DO�CPA
IN South Florida Water Management District MONROE COUNTY
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
d
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 her 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 ADM/N 380217080
7 - iV1ONRPROOE U COD A F TY ATTORNEY
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:C.,,
- "PE RO MERCADO
CHIEF AS$I ANT CO TY A TTORNEY
DATE:. . 11
IN WITNESS WHEREOF, Grantor has caused this Amendment of Conservation s
Easement to be executed effective as of the date and year first written above.
,,:;-:.i.':..-i,,,-',.;-;.H,,,.;-7:',' ,,,, ' 1
E' r (SEAL).t ',.. BOARD OF COUNTY COMMISSIONERS
•
,/.;3'4",.; A 'TE-ST�` 7 VIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
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4 ;:, Le ut Clerk . V Mayor James K. Scholl
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IN WITNESS WHEREOF, District has caused this Amendment of Conservation
Easement to be executed effective as of the date and year first written above.
1
. SIGNED, SEALED AND DELIVERED IN DISTRICT:,
THE PRESENCE OF:
Ve°7741,
SOUTH FLORIDA WATER
MANAGEMENT DISTRICT
Name: y,,,
, . ,, •
By• : ,
)16.1...oit.i-e. --S.Iesse Markle, P.E., South Florida Water
Name: -6:,...S.Q-N-i e Th c k'i Sc rt. Management District Bureau Chief
STATE OF FLORIDA )
� ; ) ss:
COUNTY OF 8 �.-C
• ,
The foregoing instrum nt was ac owledged before me by means of physical presence
or online notarization this dayof ,1 6 ' , 202 b Jesse Markle Bureau Chief,
_ y �P.E., 9
Environmental Resource Bureau of the Sout Florida Water Management District, a government
entity created by Chapter 373,Florida Statutes, who is .ersonally known to me.
, OP ' it. /.4.--14...2..-- 0-4-Vkl At '.,). .'•
Print;f me: � � �. 1 4,
Notary Public, State of Florida
My Commission Expires: [NOTARIAL SEAL]
, ?j6-1 Ig--q -��___
4 Notary Public State of Florida
Suzanne Trcimble
4 My Commission NH 710913
4 Expires 8/27/2029
Copied from ADMIN 38021708v3
Exhibit"A"
SEE ATTACHED
Copied from ADMIN 38021708v3
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FILE # 1 2 S 1 2 8 7
B x#1 7 7 2 P G#2 2 2 3 EXHIBIT"A"
INTERNATIONAL AIRPORT
LEGAL DESCRIPTION: (Easterly Parcel, Hawk Ste): Range 25
A parcel of land located in Sections 33 and 34, Township 67 South,
East, and Sections 3 and 4. Township fib 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 nBY THE Plot ook 2 WEST IMPage ROVEMENT,
of the ,PIN .' according
to the Plat thereof, as recorded
Records of Monroe County, Florida; thence 5.1 WO3'22"E., along the Easterly
Line of said Parcel 41 a distance of 1692.60 feet to the Southeast comer
Of Parcel 41; thence N.8830'S2"W., a distance of 974.45 feet to the
Southwest comer of Parcel 41 (Southeast comer of Parcel 42); thence
N.86p3Cr52*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.70r56"388'E., a distance of 450.00 feet to the
Northeast corner of said Parcel 42 (Northwest comer of Parcel 41); thence
N.7tY56'38"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 Keeyy 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." the according Record to the Plot
thereof, as recorded in Flat Book 4, at page 69
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 Une of Tract 42)
for 229.27 feet to a chain link fence and the Point of Beginning; thence
N.7X42"52"E., and along the said chain link fence a distance of 234.38
feet; thence 5.0737'43"W.. 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.7021"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 h and
continuing along the chain link fence
for 60.73 feet to the Point ofbeg
Parcel contains 35823.12 square feet or 0.82238 acres, more or less_
1
Exhibit No. 3.4 Permit No. 44-108035-P Page 7 of 12
(1 4)
• 'r Cest,ert�
So' wide ease.,Description: 50' wide ingress dt egress �i�a�aenment located on the island of
A fifty 50) foot wide ingress and "" me rticuld a as
K Wost, Monroe County, Florida. and being more
Lot p1a "CORAL ESTATES".
follows. Commence at the Northeast corner at Page 97 of
according to the plat thereof, as recorded in Plot Book 3,
the Public Records of Monroe County. Florida, said Point also lies on the
Southaastetiy Right-of-Way line of Flagler Avenue and having State Plane
Coordinates (based on Florid East zone. 1883/199O) of N 82648.26. E
along ht-of-way µ
399309.86; thence S.7d'5!�'16"w.. of 326.94 feet to the Southeasterly
of
Une of Flagier Avenue a distance 'mm� the me of the said 50 �'
Government Road and the Paint of Beginning
foot wide Gownent (said sagernent tying 25 feet on each side of the
following mates and bounds descriPg
an; thence 5.23'O6 58'E.. along the said
centerline of Government Road a distance of 417.01 feat to the end of
to the
Government Road; thence S.6(rOa'177-. a distance rod of '58 ius of feet feet. a �'
point of curvature of o curve to the . heal S.7(r 19'49`E. and a chord
central angle of 20'39'05". a chord bearing .
length of 143.39 feet; along the arc of sad curve. an arc length of rh
144.17 feet to the point of tangency of said curve; them* 5.8O'39'21'E., a
distance of 56.37 feat to the Point .of curvature of a curve to the left.
having: a radius of 1000.00 feet. a tentrat angle303.E feet thence 0 chord
along the
bearing of S.8W22'51"E. and a chord length f
art of said curve. an arc "th of 304.55 feet to the point of tangency of
said curve; thence N.81'53,4O'E., a distance of 236.54 feat; thence NA
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 feat, a central angle of WOW.then a
_. � of 37 Qt feet: thence
7'12'E. and a chord ngth
f N.
78'4
chord ° of 37.07 feet to the point of
- ' along the art of said curare, an arc length
sold . thence N.73r2W38'E.. a distance of 124.00 feet to
torigen� Ofthe point of curvature of a curare to the right. having: a.radius of 5O0.00
feet, a control onale of 17'37'43', a chord b0`0emg of N.Bx'15'06"E. and a
chord length of 151 feat; thence along the are of sold cum, rc
length of 153.11 feet to the point of tangency of said curve; thence
5g`38'E., o distance of 2p3.98 feet: theme N.89'33'330E. a distance of
223.57 feet thence N.JW23'23'E., a dWWW#ce
a radius 1774,37 feet to t3O. ache point
of
curvature of a curve to the left, N.3SO9'28'F. and a chord length of
ntral
S0
angle of 1 W27' ". a rwd twarirt9 of 113.58 fact
97.37 feet; thence otonq the arc of said cie", an are length
to the point of tangency of sad curve; thence N.l WO4'27'�IV., o distance of
615.55 feet to the point of curvature of a eurft to the right, hay":of N.O5'
rocour of 115.00 feat, a central angle of 49TV33'. a chord bearing
3 -19'E. and o chord Wngth of 95.67 feet; thmes along the arc of said
curve. an arc length of 98.67 €eat to the point of tanlncy of said curve;
thence N.30'OS'O5'E.. a distance of 146.54 feet to the point of curvature of
a curve to the right, tPn9'. a radius of 200.00 feet a central angle of 36'
12'19'. a chord bearing of N.48.11'15'E. and a chord length of 124.29 feet;
thence a" the arc of said curve, an arc length of 126.38 feet to a chain
link fence and the end of the centerline o N B3O #7 and ingress 402796.81;
egress easement and whose coordinates 10 feet Northerly
thence along a baseline of a 35 foal wide Easement being
of and 25 feet Southerly of and parallel with the said baseline for the
following three (3) mates and bounds; (1) thence N 70'2129' E for 32.13
feet; Wthence N 83'46'34' E for 233.18 feet; thence (3) S 81'23 00 E for
71.03 feet to the and of the said 35 foot wide easement and
coordinates ore N 83074.85 and E 403128.93.
Exhibit No. 3.4 Permit No. 44-108035-P Page 8 of 12
Key t Stormwater Complaince
IHUM
City of KeyWest,
rr
Proposed Hawk Missile Site Conservation Easement
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Legend 0 90 180 360 Feet
Culverts or Trenches
Conservation Easement GPS Points
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
Exhibit No. 3.4 Permit No. 44-108035-P Page 9 of 12
Key West Stormwater Compliance
f*• •R'VWW City of Key West, March 14,2007
www.swarc.nd
r
GPS Points for Hawk Missile Conservation Easement
(Decimal Degrees)
Point# Latitude Longitude Point# Latitude Longitude
1 24.56036763150 -81.76017404110 30 24.55930314970 -81.76154833700I
2 2 ....
�w.
4.56034340310 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 -81.76243985 _....
_ 450
8 24 55960133920 81 76002047730 34 24 55887726510 -81.76170383990
6 24.55976964230 -81.76010126020 35 24.55877942510 81.76142248800
_._... n.., _ ..-- -- _ .. .
7 24.56004964440 -81.76033560610 36 24.55906691150 81.76217921290
........_ ..
8 24.56012805460 81.76 015826190 37 24.55875462840 -81.76163231890
9 ,.P 24111.
.55991646840 81.7605225.n _ _. _..9
9060 38 24.55897198140 -81.76132219940
1.8w.., e24.55972334450 -81 7605413��..7m ,�.. -.. ..... ---._..- ---....- 0
_ _ _ 6760 39 24.55867844970 81.76133458290 ,
11 24.55981560150 81.76033087680 40 24.55865144690 -81.76112679860
1.2..... 24.55971799660 ..81.76069 - ......._ .. _ ...�58i. .....- ..�.__
_ - 9754800 ' 41 24.55866349600 -81.76044974300'
.1.3 .e 24.55971799660 8..1.76 ._. _ � -. ....9..
1.76069754800 42 24 55875939110 -81.76047305640
14 24.55964807300 '-81.76076003810 43 24.55893983960 -81.76054974700
9-5 81 59 24.548844370 .76 PIT ^-TM
......_ ._ .m.._-..074963750 I . -44.
24.55920096890 -81.7595611535
16 24 55948543420 81 76006304910 45 24.55912794860 81.75949229270
17 24.55942713800 -81.76006977570 46 24.5596 . ._._.- _m .
7 24.559865929 240896220
18 2 -81.760514207801 4 50 -81.76
4.55918105770 .. .. _ m.,�. - . ...R ....
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 -81.76266715510
....-_ _ -. __. - --- ...._... ..w...._ 11-1111-111,
22 24.55917109450 -81.76120543480 51 24.55950312240 -81.76273443690
-._ _._.. ....... _....__ �_...�.. .......�
23 24.55901978660 -81.76125642660 52 24.55947612200 -81.76275527800
24 24.55958052750 -81.7613164_3690 53 24.55945330380 -81.76270693020
24.55962901260 81 76154322730 54 24.55932638980 -81.76273336770
26 124.55962631830I'll.... 2 ..0
81.76164938180 55 24.55926449230 -81.76281701070
27 4
24.55951125160 81.76 ������178788810 56 �24.55907258300 -81.76277804170
28 24 55944277450 -81.76167422570 �57 124.55912722150 -81.76261033750
29 . 24.55936318640 0176162419876
EXHIBIT II
Exhibit No. 3.4 Permit No. 44-108035-P Page 10 of 12
Exhibit"B"
SEE ATTACHED
Copied from ADM/N 380297080
Exhibit No. 3.4 Permit No. 44-108035-P Page 11 of 12
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