HomeMy WebLinkAbout07/31/2025 Restrictive Covenant - Hawk Missile Site Doe#2510044 Bk#3338 Pg#I Recorded 7/31/2025 at 9:11 AM Pages 77
Filed and Recorded in Official Records of ON OE COUNTY KEVIN MADOK
C. S656.00
Prepared by:
Pedro J.Mercado
Chief Assistant County Attomey
Monroe County Attorneys Office
I I I I 121h St.,Suite 408
Key West,Fl.33040
Declaration of Restrictive Covenants
This Declaration of Conservation Covenants, Conditions, and Restrictions ("Declaration") is
made this 21st day of May, 2026, by the Board of County Commissioners of Monroe County, Florida
(property owner) ("Declarant"). As used herein, the term "Declarant" shall include any and all heirs,
successors,or assigns of the Declarant, and all subsequent owners of the"Property"(as hereinafter defined).
Recitals and Conservation Purpose$
WHEREAS, the Declarant is the sole owner in fee simple of certain real property ("Property")
located in Monroe County, Florida, which is more fully described in composite Exhibit"A"attached hereto
and made a part hereof; and
WHEREAS, Permit No. SAJ 2003-04620 (SP-GGM) ('Permit"), and any modifications thereto
issued by the U.S. Army Corps of Engineers ("Corps") authorizes certain activities which could affect
wetlands or other surface waters in or of the State of Florida; and
WHEREAS,Grantor makes this Declaration as a condition of the Permit, solely to off set or prevent
adverse impacts to natural resources,fish and wildlife,and wetland functions; and
WHEREAS, it is the purpose of this Declaration, and it is Declarant's intent, to place restrictions,
covenants and conditions on the Property for the purpose of ensuring that the Property remains in its
enhanced state in perpetuity, consistent with the City of Key West Deed of Conservation Easement,
Resolution 07-115 dated April 12, 2007, and recorded in Official Record Book 2298, at Page 1930 of the
Public Records of Monroe County, Florida between the City of Key West and the South Florida Water
Management District (SFWMD), as will be amended (Exhibit B), the Permit and Section 704.06, Florida
Statutes.
WHEREAS, as part at the SFWMD permitting process, the SFWMD has approved the flushing
channels depicted in Exhibit A-1 which will result in an amendment to the Conservation Easement dated
April 12, 2007 between the City of Key West and the SFWMD upon completion of the mitigation work.
NOW THEREFORE, Declarant hereby unconditionally and irrevocably declares and covenants
with the Corps that the Property shall be held and subject to the restrictions and conditions as set forth
herein, that shall constitute a perpetual servitude on the Property, run with the Property, and be binding on
all parties that have or shall have any right,title,,or interest in the Property.
Article I. Prohibited and Restricted Activities
Any activity on, or use of, the Property inconsistent with the purposes of this Declaration is
prohibited.The Property shall be maintained in its permitted,scenic,and open condition and restricted from
any development or use that would impair or interfere with the conservation purposes of this Declaration.
Those wetland and upland areas of the Property that are to be enhanced,created, or restored pursuant to
the Permit shall be retained and maintained in the enhanced, created, or restored conditions required by
the Permit.
Except for activities that are permitted or required by the Permit(or any modification thereto)or the
Permittee Responsible Mitigation Plan ('PRMP"), any activity on or use of the Property inconsistent with
oc#2510044 Sk#3338 Pg# 1 Recorded 7/31/2025 at 9:11 AM Pages 77
iled and Recorded in Official Records of MONROE COUNTY KEVIN MADOK
.EC: $656.00
Prepared by:
Pedro J. Mercado
Chief Assistant County Attorney
Monroe County Attorneys Office
1111 IT"St., Suite 408
Key West,Fl.33040
Declaration of Restrictive Covenants
This Declaration of Conservation Covenants, Conditions,and Restrictions ("Declaration") is
made this 21st day of May, 2025, by the Board of County Commissioners of Monroe County, Florida
(property owner) ("Declarant). As used herein, the term "Declarant' shall include any and all heirs,
successors}or assigns of the Declarant, and all subsequent owners of the"Property"(as hereinafter defined).
Recitals and Conservation Purposes
WHEREAS, the Declarant is the sole owner in fee simple of certain real property ("Property")
located in Monroe County, Florida, which is more fully described in composite Exhibit"A" attached hereto
and made a part hereof; and
WHEREAS, Permit No- SAJ 2003-04620 (SP-GGM) ("Permit"), and any modifications thereto
issued by the U.S. Army Corps of Engineers ("Corps") authorizes certain activities which could affect
wetlands or other surface waters in or of the State of Florida„ and
WHEREAS, Grantor makes this Declaration as a condition of the Permit, solely to off-set or prevent
adverse impacts to natural resources,fish and wildlife, and wetland functions; and
WHEREAS, it is the purpose of this Declaration, and it is Declarant's intent, to place restrictions,
covenants and conditions on the Property for the purpose of ensuring that the Property remains in its
enhanced state in perpetuity, consistent with the City of Key West Deed of Conservation Easement,
Resolution 07-115 dated April 12, 2007, and recorded in Official Record Book 2298, at Page 1930 of the
Public Records of Monroe County, Florida between the City of Key West and the South Florida Water
Management District (SFWMD), as will be amended (Exhibit B), the Permit and Section 704.06, Florida
Statutes.
WHEREAS, as part of the SFWMD permitting process, the SFWMD has approved the flushing
channels depicted in Exhibit A-1 which will result in an amendment to the Conservation Easement dated
April 12, 2007 between the City of Key West and the SFWMD upon completion of the mitigation work.
NOW THEREFORE, Declarant hereby unconditionally and irrevocably declares and covenants
with the Corps that the Property shall be held and subject to the restrictions and conditions as set forth
herein, that shall constitute a perpetual servitude on the Property, run with the Property, and be binding on
all parties that have or shall have any right,titled or interest in the Property.
Article I. Prohibited and Restricted Activities
Any activity on, or use of, the Property inconsistent with the purposes of this Declaration is
prohibited.The Property shall be maintained in its permitted,scenic,and open condition and restricted from
any development or use that would impair or interfere with the conservation purposes of this Declaration.
Those wetland and upland areas of the Property that are to be enhanced, created, or restored pursuant to
the Permit shall be retained and maintained in the enhanced, created, or restored conditions required by
the Permit.
Except for activities that are permitted or required by the Permit(or any modification thereto)or the
Permittee Responsible Mitigation Plan ("PRMP"), any activity on or use of the Property inconsistent with
)oc.#2510044 Page Number: 2 of 77
the purpose of this Declaration is prohibited. Without limiting the generality of the foregoing, the following
activities are expressly prohibited in or on the Property:
a) Construction or placing of buildings, roads, signs, billboards or other advertising, utilities,
or other structures on or above the ground;
b) Dumping or placing of soil or other substance or material as landfill or dumping or placing
of trash, waste, or unsightly or offensive materials;
c) Removing,destroying or trimming trees,shrubs, or other vegetation.
d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material
substance in such manner as to affect the surface;
e) Surface use except for purposes that permit the land or water area to remain predominantly
in its permitted or enhanced condition;
f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil
conservation, or fish and wildlife habitat preservation including, but not limited to, ditching,, diking and
fencing;
g) Acts or uses detrimental to such aforementioned retention of land or water areas; and
h) Acts or uses which are detrimental to the preservation of the structural integrity or physical
appearance of sites or properties having historical, archaeological, or cultural significance.
Article 1L Passive Recreational Facilities
Grantor reserves all rights as owner of the Property including the right to engage in uses of the Property
that are not prohibited herein and that are not inconsistent with any rule, criteria, the provisions of the
Quitclaim Deed conveyed from United States Department of Interior(Exhibit C)and the intent and purposes
of this Restrictive Covenant. Passive recreational uses that are not contrary to the purpose of this
Restrictive Covenant and the Quitclaim Deed conveyed from United States Department of Interior(Exhibit
S) may be permitted upon written approval by the USACE.
Article III.Grantor's Reserved Rights,
Grantor reserves all rights as owner of the Restrictive Covenant Area, including the right to engage or to
permit or invite others to engage in all uses of the Restrictive Covenant Area that are not prohibited herein
and which are not inconsistent with the Permit(or any modification thereto), Management Plan,orthe intent
and purposes of this Restrictive Covenant.
Article IV. Access,Enforcement and Remedies
The Corps shall have the right to enforce the terms and conditions of this Declaration, including:
a) The right to take action to preserve and protect the environmental value of the Property;
b) The right to prevent any activity on or use of the Property that is inconsistent with the purpose of
this Declaration, and to require the restoration of areas or features of the Property that may be
damaged by any inconsistent activity or use;
c) The right to enter upon and inspect the Property in a reasonable manner and at reasonable times
to determine if Declarant or its successors and assigns are complying with the covenants and
prohibitions contained in this Declaration;
)oc.#2510044 Page Number:3 of 77
d) The right to enforce this Declaration by injunction or proceed at law or in equity to enforce the
provisions of this Declaration and the covenants set forth herein, to prevent the occurrence of any
of the prohibited activities set forth herein, and the right to require Declarant, or its successors or
assigns, to restore such areas or features of the Property that may be damaged by any
inconsistent activity or use or unauthorized activities;and
e) The Declarant, including their successors or assigns, shall provide the Corps at least 60 days
advance notice in writing before any action is taken to amend, alter, release, or revoke this
Declaration.
Article V. Duration and Applicability
a) Duration. It is the intention of Declarant that the restrictions contained in this Declaration shall run
with the land and with the title to the Property in perpetuity, and shall apply to and be binding upon
and inure to the benefit of the successors and assigns of Declarant and to any and all parties
hereafter having any right, title,,or interest in the Property or any part thereof.
b) Applicability. Every provision of this Declaration that applies to the Declarant or Corps shall also
apply to their respective agents, heirs, executors, administrators, assigns, and all other successors
as their interests may appear.
Article VI. Miscellaneous
a) Owner's Rights. The Declarant, its successors and assigns, reserves all rights as owner of the
Property, including the right to engage in uses of the Property that are not prohibited herein and
that are not inconsistent with the Permit (or any modification thereto), PRMP, or the intent and
purposes of this Declaration.
b) Termination or Modification. This Declaration shall not be terminated or modified without the
express written consent of the Corps.Any agreed upon modification shall be recorded in the public
records of Monroe County, Florida. The Declarant, including their successors or assigns, shall
provide the Corps at least 60-day advance notice in writing before any action is taken to amend,
alter release, or revoke this Declaration.
c) Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to
this Declaration.
d) Severability. If any provision of this Declaration or the application thereof to any person or
circumstances is found to be invalid, the remainder of the provisions of this Declaration shall not
be affected thereby, as long as the purpose of the Declaration is preserved.
e) Terms and Restrictions.The Declarant shall insert the terms and restrictions of this Declaration
in any subsequent deed or other legal instrument by which Declarant divests itself of any interest
in the Property.
f) Written Notice. All notices, consents, approvals, or other communications hereunder shall be in
writing and shall be deemed properly given if sent by United States certified mail, return receipt
requested, addressed to the appropriate party or success-in-interest.
g) Recording. Declarant shall record this instrument in a timely fashion in the official records of
Monroe County, Florida and shall re-record it at any time as may be required to preserve the
Declaration. Declarant shall pay all recording costs and taxes necessary to record this Declaration
in the public records.
h) Binding Effect in Perpetuity. The terms, conditions, restrictions, and purposes imposed with this
)oc. 2510044 Page Number: 4 of 77
Declaration shall be binding upon Declarant and shall run in perpetuity with the Property.
Declarant states that Declarant is lawfully seized of said Property in fee simple; that the Property is free and
clear of all encumbrances that are inconsistent with the terms of this Declaration: all mortgages and liens on
the Property, if any, have been subordinated to this Declaration; and that Declarant has good right and lawful
authority to make this Declaration
IN WITNESS WHEREOF, Declarant has hereunto set its authorized hand the day and year first above
.n en.
BOARD OF COUNTY COMMISSIONERS
T: IN MADOK, CLERK OF MONROE COUNTY, FLORIDA
4PAI By
eputy C:[(!Tk VMayor James K. Scholl
MONROECOUN J;A RNEY
PPROV77 A
R04 1RM
PE o
CHIEF s ANT NTY ATr RNEY
Inc.#2510044 Page Number: 5 of 77
COMPOSITE EXHIBIT A
[LEGAL DESCRIPTION OF PROPERTY]
)oc.N 2510044 Page Number:6 of 77
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loc.#2510044 Page Number: 7 of 77
SECTION , TOWNSHIP 68 SOUTH, L41
RANGE 25 EAST
PARCEL 41
LEGEND
LB - UCENSED BUSINESS r
P - PROFESSIONAL SURVEYOR AND MAPPER 1
L - LINE TABLE NUMBER
C - CURVE TABLE NUMBER , u
N - NORTH
S - SOUTH
E - EAST CONMRIVATION
S.F. - SQUARE FEET AREAW 9
P.B. - PLAT BOOK
PG. PAS 61,677 S.F.
- /
M.C.R. - MONROE COUNTY RECORDS 1.416ACRES +/-
P.O.C. - PANT R COMMENCEMENT
P.O.B. - POINT R BEGINNING w
® � u
T,
„ r97
CONSERVATION AREA(S)A,B1 18
AND B2 TOTAL ACREAGE
a u
Io
2.954 ACRES+I- I., ,v L72
PARCEL 42 LI L71 7 L73
L74
NOTES L75
1.TEAS IS NOT A BOUNDARY SURVEY.
2.THIS SKETCH AND LEGAL DESCRIPTION MEETS THE "STANDARDS OF PRACTICE" FOR B L76
SURVEYING AND MAPPING. AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL
SURVEYORS AND MAPPERS IN CHAP 5J-17° FLORIDA ADMINISTRATIVE CAE,
PURSUANT TO SECTION 4721327. FLORIDA STATUTES. F.
3.ALL DISTANCES SHOWN HEREON ARE IN U.S. SURVEY FEET AND DECIMALS THEREOF. r
4.THI5 SKETCH AND LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 11
1
5.SEE SHEETS 2 AND 3 FOR LINE AND CURVE TABLES. r
P
6.SEE SHEETS 4 AND 5 FOR LEGAL DESCRIPTION AND CERTIFICATION.
I
7. SEE SHEETS B--B FOR CONSEIRVATION AREA LOCATIW "STATE PLANE COORDMATES,EAST ZONE. 1
NORTH AMERICAN DATUM 1983 (2011 ADJU MENT) AS PROMDED TO DSM BY THE WENT AND ADDED I
AT CLIENTS RECLIM SAID CDORDINAM POSIM N S WERE NOT nELD LOCATED OR MOJUMENTED. I
COORDINATES OF POINTS 122 AND 123 WERE ADDED AT CLIENTS EST AS FOLD ESTAISLIVED BY
OSM DURING A TOPOGRAPHIC SURVEY COMPLETIOD ON 3/4/21. I
8. ADDITIONS OR DELETIONS TO THIS DOCUMENT BY OTHER THAN THE SIGNING PARTY
OR PARTIES IS PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY OR I
PARTIES.
I
OI
fll r L
a
®I 1
zI
SOUTHERLY BOUNDARY LINE OF PARCELS j
38-42 RECORDED IN PLAT OF SURVEY, PART 1
OF LANDS FORMERLY OWNED BY KEY WEST 1
RMERA SHORES RST ADDITION P.O.C. IMPROVEMENT,9, M.CA), PLAT I SURVEY OF LANDS I
a
(PA 5. PG. 88. SOUTHEAST CORNER RIVIERA ON THE ISLAND OF KEY WEST (PA. 3, PG. 35, f
M.C.R.) SHORES FIRST ADDITION M.C.R.} ALSO BEING THE NORTH BOUNDARY
P.B. 5. PG, 88 M.C.R. LINE OF KEY WEST INTERNATIONAL AIRPORT I
I
I
S 883i°53" E I
AIRPORT 820.91°
BOULEVARD r
KEY WeAT MT4RNA7I0NFL M F43"T
REVISIONS
W� N"6® H T A LEGAL
"'
IFT.q ,®ion. DESCRIPTION
inwAsm HAWK MISSILE J
!70 w
° 9 CONSERVATION ®„,l 254 E. Bth Ave.. Sute ITO 102
R,A Tallahassee. FI. 32303
U , rL RI A s Ph. 850-270-2138
w
j I
t Llaensed Business 7713
loc.#2510044 Page Number:8 of 77
e
Line Table Line Table Line Table
le
Length
Fu 4# Length Direction Line # Length Direction Line # Length Direction
Ll 5.21' S89*39'56"W L27 22.27' N3254'39"E L53 5.61' S87*43'55-E
L2 18.96' N63'36'1 9"W L2B 35.51' N26'38'22"E L54 2,54' N8442'27"E
L3 5.38' N61"34'26V L29 19.19' N50*24'28"E- L55 1.88, s30'38,09
L4 26,99' N51*37'21 V L30 32.06' NB7'10'01"E L56 8.18' S74`39'29"E
L5 3.9 V N46'44'54,w L31 14.21 S 11'52'1 5"E L57 3.10' S56*46'47"E
L 6 12.78' N61'20'09"W L32 12.61' S1 2'36'25"W L58 4.13' S49'59'45'V
L7 13,86' N55'56'55'W L33 15.38' S46'30'36E L59 78.80' S61"21'04"E
LB 20.77' N50'56*26W L34 16.32' S74"37'33"E L60 38.76' S73'.39*07E
L9 12.54' N58'1 5'31'W L35 26.86' N43'58'29"E L61 1.36' S 1528'3 1'E
L 10 2.41' N36'00'41"W L36 2.00- N76'50'40"E L62 10.84' S46'49'51'W
Ll 1 13.30' N627 I 0'09'W L37 9.88, N42'1 0'36"E L63 12,75' S5357'59"W
L12 4.07' N4&04'21'V L38 41.01' N50*48'23"E L64 5.39' N83'49'34"W
L13 7.10' N5557'1 9"W L39 50,43' N46'47'41"E L65 8.53' S7534'57"W
L14 13.09' NW I 8'46'V L40 6,62' S37'27'1 O"E L66 40.9 6' N82'41'40-W
L15 16.35' N54`1 6'32"W L41 8.37' S32'21'45"E L67 8.98' S3533'1 7"W
L16 4.49' N66'27'35"W L43 18.18' S53'49'46'W L68 20.62' S45'02'42-E
L17 13.47' N58'47'31"W L44 20.22' S4357'OB"W L69 15.93' S 11'1 8'36"W
L18 12.40' N75'1 2'30'W L45 3.36' S34'02'31"W L70 44.24' S2635'54"W
L19 10.58' N63'46'39"W L46 22.97' S47'27'1 3'W L71 9.27' S2450'38"E
L20 66.95' N59'1 1'1 6'V L47 14.04' S2633'59"W L72 2.80' S32'02'07"E
L21 8.10' N63'05'07"W L48 13.87 S05'1 1'36'V L73 3.32' S4V25'04"E
L22 83,20' N55'01'53W L49 20.61' S291 0'02"E L74 6.30' S60'41'38'
L23 9.82- N58-53-12-W L50 62.18' S61*14'34"E L75 10.08' S57'58'1 0"E
L24 6.27' N79'1 2'06'V L51 13.00' S75'28'45"E L76 10.17' S21*10'26"W
L25 27.04' NO9'0 '37"E L_!:!2 2.27' S87'24'31"E
L26 9.54' N87*44'44"E
EXHIBIT A-2
N
SKETCH AND LEGAL
DESCRIPTION OPTIMAL SLTRVEY2j(�_
HAWK MISSILE IN
JOCU08178 & MAPPrNG, INC.
V�of CONSERVATION AREA "A"
EM 254 E. Gth Ave.. Sulte 102
Tallahassee. Ft. 32303
--rrm. MONROE COUNTY, FLORIDA Ph. 850-270-2138
2 or-11 1 1 3 Licenaed Bustness 7713
)oc.#2510044 Page Number: 9 of 77
CURVE TABLE
CURVE LENGTH RA01US DELTA CHORD EARM
cl 10.1B' 119.11' 04'53'530 10.18' M71*45'33W
C2 14.99' 66.12' 12*59'19" 14.96' N74'41'36"W
C3 9.44' 16.77' 132*16'07' 9.32' N5923.09-W
C4 10.48' 11..3 8' 52'45*26" 10.12' N55'56'29'W
C5 15.7 7' 20.30' 44'31'10" 15,38' N371 0'41"E
C6 13.86' 30.63' 2555'20" 13.74' N21'03'13"E
C7 20.08' 14.54' 79'07'38" 18.52' S8533'36"E
ca 18.02' 87-77' 11'45'56" 17.99' S09'40'37"E
C9 13.47' 73.85' 10'26*52" 13.45' S81*28'36"E
Clo 8.19' 42.44' 11'03'38" 8.1 B' N78'03'54*E
C11 14.92' 43-29' 19*44*38" 14.84' S28'38'41"IN
C12 1B.18' 94.40' 11"01'54" 18.15' Sl 5744'1 4"W
C13 16,46' 111.61' 08'27'00" 16.45' S40'59'1 YE
C14 19.72' 1 308,42' 03'39'51" 19.72' S63'40'35"E
EXHIBIT A-2
----------------
REVOON6
N
SKETCH AND LEGAL
DESCRIPTION
OPTIMA-L SURVEY
HAWK MISSILE W-* EL -E
M"s, UUNSERVATION AREA "A'
VG 254 E. Sth Ave., Suite 102
Tollchassee. Fl. 32303
MONROE COUNTY, FLORIDA Ph 850-270-2138
3 OF 8 Suolness
a I 1 8 Uc'ensed 7713
Doe.4 2510044 Page Number: 10 of 77
FLEG4L DESCRIPTION
MISSILE CONSERVATION AREA "A"
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 68 SOUTH, RANGE 25 EAST, W MONROE COUNTY,
FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF RIVIERA SHORES FIRST ADDITION, AS RECORDED IN PLAT BOOK 5,
PAGE 88, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. THENCE S 6'31'53" E, 820.91 FEET, ALONG THE
SOUTHERLY BOUNDARY LINE OF PARCELS 38-42 OF PLAT OF SURVEY, PART OF LANDS FORMERLY OWNED BY
KEY WEST IMPROVEMENT, INC., AS RECORDED IN PLAT BOOK 1, PAGE 69 AND PLAT BOOK 4, PAGE 69. AND
THE PLAT OF SURVEY OF LANDS ON THE ISLAND .OF KEY WEST AS RECORDED IN PLAT BOOK 3, PAGE 35.
ALL AS RECORDED IN THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA AND THE NORTH BOUNDARY LINE
OF THE KEY WEST INTERNATIONAL AIRPORT, PER SURVEY BY AVIROM & ASSOCIATES, INC. DATED JUNE 23,
2016; THENCE DEPARTING SAID AIRPORT BOUNDARY LINE N 03'28'07" E, 432.49 FEET TO THE POINT OF
BEGINNING; THENCE S 89'39'56" W, 5.21 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE
NORTHEAST; THENCE NORTHWESTERLY 10.18 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF
119.11 FEET, A CENTRAL ANGLE OF 04'53'53" AND A CHORD BEARING N 71'45033- W, 10,18 FEET; THENCE N
63'36'19" W. 18.96 FEET; THENCE N 61'34'26" W, 5.38 FEET; THENCE N 51*37*21" W. 26.99 FEET; THENCE N
46'44'54" W. 3.91 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST; THENCE
NORTHWESTERLY 14.99 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 66.12 FEET, A CENTRAL
ANGLE OF 12'59'19" AND A CHORD BEARING N 74'41'36" W. 14.96 FEET; THENCE N 61'20'09" W. 12.78 FEET
TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY 9.44
FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 16.77 FEET, A CENTRAL ANGLE OF 32'18'07"
AND A CHORD BEARING N 5 '23'09" W, 9.32 FEET; THENCE N 58'56'55" W, 13.86 FEET, THENCE N 50'56'26"
W. 20.77 FEET; THENCE N 58'15'31" W. 12.54 FEET; THENCE N 36'00'41" W, 2.41 FEET; THENCE N 62'10'09"
W, 13.30 FEET; THENCE N 4 '04'21" W, 4.07 FEET; THENCE N 55'57'19" W, 7.10 FEET; THENCE N 66'18'46"
W. 13.09 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST; THENCE
NORTHWESTERLY 10.48 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 11.38 FEET, A CENTRAL
ANGLE OF 52'45'26" AND A CHORD BEARING N 55'56'29" W. 10.12 FEET; THENCE N 54'16'32" W. 16.36 FEET;
THENCE N 66'27'35" W, 4.49 FEET; THENCE N 58'47'31" W, 13.47 FEET; THENCE N 75'12'30" W, 12.40 FEET;
THENCE N 63'46'39" W, 10.58 FEET; THENCE N 59'11'16" W, 66.95 FEET; THENCE N 63'05'07" W, 8.10 FEET;
THENCE N 55'01'53" W, 83.20 FEET; THENCE N 5 '53'12" W, 9.82 FEET; THENCE N 79'12'06" W. 6.27 FEET;
THENCE N 09'08'37" E, 27.04 FEET; THENCE N 7'44'4 " E. 9.54 FEET TO THE POINT OF CURVATURE OF A
CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY 15.77 FEET ALONG THE ARC OF SAID CURVE,
HAVING A RADIUS OF 20.30 FEET, A CENTRAL ANGLE OF 44'31'10" AND A CHORD BEARING N 37`10'41" E,
15.38 FEET; THENCE N 32'54'39" E, 22.27 FEET; THENCE N 2638'22" E, 35.51 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY 13.86 FEET ALONG THE
ARC OF SAID CURVE, HAVING A RADIUS OF 30.63 FEET, A CENTRAL ANGLE OF 25'55'20" AND A CHORD
BEAR AG N' 21'03'13" E. 13,74 FEET; THENCE N 50'24'28" E, 19.19 FEET; THENCE N 87'10'01" E. 32.06 FEET;
THENCE S 11'52'15" E. A DISTANCE OF 14.21 FEET; THENCE S 12'36'25" W, 12.61 FEET; THENCE S 46'30'36"
E, 15.38 FEET; THENCE 5 7437'33" E, 16,32 FEET; THENCE N 43'58'29" E. 26. 6 FEET; THENCE N 76'50'40"
E. 2.00 FEET; THENCE N 42'10'36" E, 9.88 FEET; THENCE N 50'48'23" E. 41.01 FEET; THENCE N 46'47'41" E.
50.43 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST; THENCE
SOUTHEASTERLY 20.08 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 14.54 FEET, A CENTRAL
ANGLE OF 79'07'38" AND A CHORD BEARING S 85'33'36" E, 18.52 FEET; THENCE S 37 27'10" E, 6.62 FEET;
THENCE S 32*21*45" E. 8.37 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST;
THENCE SOUTHEASTERLY 18.02 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 87.77 FEET, A
CENTRAL ANGLE OF 11'45'56" AND A CHORD BEARING S 09'40'37" E. 17.99 FEET; THENCE S 53'49'46" W.
1B.18 FEET; THENCE S 43'57'DB" W, 20.22 FEET; THENCE S 34'02'31" W, 3.36 FEET; THENCE S 7*27,13" w,
22.97 FEET; THENCE S 26'33'59" W. 14.04 FEET;
(CONTINUED ON SHEET 5 OF 5)
EXHIBIT A-2
s
,' ® ® K T IV
DESCRIPTION
m H MISSILE w OPTIMAL F
C23®8178 & MAPPING, INC.
CONSERVATION ETC 254 E. Sth Ave., Sulte 102
eeer.a. MONROE COUNTY, FLORIDA Taltahaeeee. FI. 32303
4 OF 8 S Licensed
Llcpneso-27o-z,s6
sod Business 7713
)oc.#2510044 Page Number: 11 of 77
EXHIBIT A-2
FHAW'K
DESCRIPTION
MISSILE CONSERVATION AREA "A"
(CONTINUED FROM SHEET 4 OF 5)
THENCE S 05'11'36" W. 13.67 FEET; THENCE S 29'10'02" E, 20.61 FEET; THENCE S 6114'34" E. 62.18 FEET
TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY 13.47
FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 73,85 FEET, A CENTRAL ANGLE OF 10'26'52"
AND A CHORD BEARING S 81'28'36" E, 13.45 FEET; THENCE S 75'28'45" E, 13.00 FEET; THENCE S 87'24'31"
E. 2.27 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, THENCE
NORTHEASTERLY 8.19 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 42.44 FEET, A CENTRAL
ANGLE OF 11'03'38" AND A CHORD BEARING N 78'03'54" E, 8.18 FEET; THENCE S 87'43'55' E, 5.61 FEET„
THENCE N 84'42'27" E, 2.54 FEET; THENCE S 30'38'09" E. 1.88 FEET; THENCE S 74'39'29" E, 8.18 FEET;
THENCE S 56'46'47" E, 3.10 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST;
THENCE SOUTHWESTERLY 14.92 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 43.29 FEET, A
CENTRAL ANGLE OF 19'44'3B" AND A CHORD BEARINGS 2838'41" W. 14.84 FEET; THENCE S 4959'45" W.
4.13 FEET; THENCE S 61'21'04" E. 78.B0 FEET; THENCE S 7339'07" E. 38.76 FEET; THENCE S 15'28'31" E,
1.36 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST; THENCE
SOUTHWESTERLY 18.18 FEET ALONG THE ARC OF SAID CURVE. HAVING A RADIUS OF 94.40 FEET, A CENTRAL
ANGLE OF 11'01'54" AND A CHORD BEARING S 15'44'14" W, 18.15 FEET; THENCE S 46'49'51" W, 10.84 FEET;
THENCE S 53'57'59" W, 12.75 FEET; THENCE N 83'49'34" W, 5.39 FEET; THENCE S 75'34'57" W, 8.53 FEET;
THENCE N 82'41'40" W, 40.96 FEET; THENCE S 35'33`17" W, 8.98 FEET; THENCE S 45'02'42" E, 20.62 FEET;
THENCE S 1118*36" W. 15.93 FEET; THENCE S 26'35'54" W. 44.24 FEET; THENCE S 24'50'38" E. 9.27 FEET;
THENCE S 32'02'07" E. 2.80 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST;
THENCE SOUTHEASTERLY 16.46 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 111.61 FEET, A
CENTRAL ANGLE OF 08'27°00" AND A CHORD BEARING S 40'59'13" E, 16.45 FEET, THENCE S 4825'04" E.
3.32 FEET, THENCE S 60`41'38" E, 6.30 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE
NORTHEAST; THENCE SOUTHEASTERLY 19.72 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF
308.42 FEET, A CENTRAL ANGLE OF 03'39'51" AND A CHORD BEARING S 63'40'35" E. 19.72 FEET; THENCE
S 57'58`10" E, 10.08 FEET; THENCE S 21'10'26" W. 10.17 FEET TO THE POINT OF BEGINNING.
CONTAINING 61.677 SQUARE FEET, MORE OR LESS.
r.`N` 0,Neq
CA.
N s
6027
• r Digitally signed y Michael O'Neal b
Nea Date:225.05.21 :0 :17-0 '00' STATE OF a°
asi FLaw 1A t*�
MICHAEL W.O'NF.AI.,PSM
PROFESSIONAL SURVEYOR AND MAPPER �®s4rvey®t
FLORIDA CERTIFICATE NO.6027
aevaia"s
. ,,.. KETCH AND LEGAL N
DESCRIPTION
" HAWK MISSILE w OPTIMAL SURVEYINQ
CONSERVATI "A" MAPPING, INC.
EfC°r p� 254 E. Sth Ave., Suite 102
"EST' 138
® lJ U T i , L l Tarlah®ssee, Fi. 32303
8 s LicPh ensed
eso-z7o- ss
Licensed Business 7713
)oc.#2510044 page Number: 12 of 77
EXHIBIT A-2
95 4
955
5
9551
B
9 4 9
9541 9549 61
9 44
9539 9545 9560
9546 9563 95fi2
9538 47
9564
9565
9 34 953
9573
53 9566 74
9569 9
9 31 9 957
CONSERVATION 572 9577
9 6
61,677 S.F. +/— 9581
1.416 ACRES +/— 9502
95 9
9585
527 95 7
9528 9525 9586
95 6 3
24 95
9 21 9519517 9
9514 9594 9595
951
9511 959 9598
95 ❑ 96 2 9
NOTES: 9507
1. SEE SHEET 7 OF 8 FOR COORDINATE TABLE 9506
9604
. SEE SHEET 8 OF 8 FOR CONTROL POINTS 5 95 1
4 3
ne,osrowa
IV
SKETCH AND LEGAL
DESCRIPTION
HAWK
T MISSILE w 254 E. 8th Ave.. Suite 102Jcssoal7e Ph 06o3€G CONSERVATION " "
INC.
,e""aCOUNTY, FLORIDA . 850 z -23
F sUcenaad Buafnaaa 7713W
s
)oc.#2510044 Page Number: 13 of 77
COORDINATEEXHIBIT A-2
NO. NORTHING FASTING NO. NORTHING EASTING
9501 82589,4521 403134.9945 9554 82970.0808 403011. 42
9503 8592.62 40125.3272 9555 82964.8235 403015.2614
9504 82601.063 40310 .3410 9556 82957.7574 403019.7392
9505 82603.620 403103.6121 9558 82940.0222 403022.7634
9506 82620.3841 403082.4542 9559 82929.2953 40300 .0911
9507 82623.0618 40079.6079 9560 82914.7397 402994.054
9510 82627.0100 403065,1825 9561 82911.9585 40 992.1795
9511 82633.1415 403053.9664 9562 82896.4297 402975.2603
9513 82638.0272 40304 .022 953 82883. 720 402968.9811
9514 82645.1780 403034.1524 9564 82870.0584 40297.7256
9515 82658.2649 403018.0257 9565 82852.057 402977.7718
9516 82664.8618 403007,3616 9566 82822.1421 403032.2861
9517 62666.8076 40 005.9473 9568 82820.1490 403045.5 53
9518 82673.0169 402994.1857 9569 8216. 907 403058.1653
9519 82675.7336 402991.1608 9570 82816.7880 403060.4344
9520 82679.7107 40295.2744 9572 821 .4795 403068.4372
9521 82684.90 402973.2906 9573 82818.2577 403074.0388
9523 82690.6333 402964.9100 9574 82818.4920 403076.561
9524 82700.1831 402951.6320 9575 8216.8702 403077.526
9525 82701.9751 402947.516 9576 82814.7064 403085.4154
9526 82708.9561 402935.9952 9577 82813.0084 40308.0082
9527 2712.1212 402924.0088 9579 82799.9813 40300.8924
9528 82716.7976 402914.5145 9580 82797.3288 403077.7317
9529 82751.0903 402857.0158 951 82759.5491 403146.8843
9530 82754.7560 402849.7949 952 82748.6389 403184.075
9531 82802.4385 402781.611 953 82747.3238 403184.4426
9532 82807.5143 402773.203 9585 82729.8564 403179.5204
9533 8208,6890 402767.0494 956 82722.4384 403171.6126
9534 82835.3837 402771.3461 9587 82714.9379 40161.3018
9535 82835.7590 402780.8792 9588 82715.5173 403155.9456
9537 8248.0140 402790.1737 959 82713.3937 403147.6852
9538 82866.7085 402802.2729 9590 82718.6020 40107.0599
9539 82898.4448 402818.1926 9591 82711.2959 403101.801
9541 82911.2679 402823.1288 9592 82696,7270 403116.4349
9542 82923.5006 402837.9196 9593 82681.1021 403113.3099
9543 82925.0851 40269.9378 9594 82641.5432 403093.5016
9544 2911.1838 402872.8599 9595 82633.1330 403097.3955
9545 82898.8773 40270.1075 9596 82630-7628 403098. 786
9546 82888.2941 402881.2638 958 82618. 486 403109.6652
9547 82883.9680 40286.9972 9599 82616.1419 403112.1522
9548 82903.2973 402915.6469 9600 82613.0559 40117.6500
9549 82903,7531 402917.5970 9602 82604.3107 403135.3262
9550 82911.0768 402924.2323 9603 82598.9623 403143. 754
9551 82936,9906 402956.0129 9604 82589.4 25 403140.2034
9552 82971.5145 402992.7705
Res
°n .. KETCH AND
LEGAL "
DESCRIPTION
oast u+naio xote®
�► � HAWK MISSILE w TY V �
os17e
exwa.r; R nn Pp ,
Etc CONSERVATION A P1 A 254 E. Gth Ave., suite 102
�(;;S
pI ��-yy ® p Tallahassee, FL 32303
!V V C Ur FL RI A s Ph. 850^-270-2138
Licensed Business 7713
sac,N 2510044 page Number:14 of 77
w
r>
r-c
<a®'�. ,aq
gal
/ 1
Ui
LU
�, pp
e° ., .,. ♦n z ,p
LU J U
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)oc.#2510044 Page Number: 15 of 77
EXHIBIT A-3 SECTION , TOWNSHIP 68 SOUTH,
RANGE 25 EAST
L80 b
0\7
B. CONSMATM
'Aw AREA
L35 2 j
L.3 ® 5 2.697 S.F.
L33 i� L88 C14 86 0.062 ACRE �/-
C7 L87
3 �u' L37.38 L49
50
L31 Cam'® � � L39 LL5 i
�L28 S� cg h L40 L52
L27 oj v�.�6` L53
v g
PARCEL 41 L26 �� L42 too
44
to
23 ® C44 o
L22 V �> L56
L21 �rO L19LECEM
®' L18 L58
LB -UCENSED BUSINESS L17 cp
L - PROFESSIONAL
UMBERRVMR AND MAPPER �,Ar �3 L60
C - CURVE TABLE NUMBER �,5 U� L6 1
N - NORTH
s - SOUTH ' �' C13 C1 , L63
w - vcsi L12 64,294 S.F. +/— j L64
S.F. -SQUARE FEET L10 L65
P.B. - PLAT BOOK L9 Ci 1.476 ACRES L66
PG. - PACE
M.C.R. - MONROE COUNTY RECORDS `� h L67
P.D.C. - POINT OF COMMENCEMENT .r L68
P.O.B. - POINT OF BEGINNING v 1 L69
U1
L70
NOTED
1.THIS IS NOT A BOUNDARY SURVEY.
iCONSERVATION AREA(S) A, 81 L72 2 THIS SKETCH AND LEGAL DESCRIPTION MEETS THE "STANDARDS OF PRACTICE` FOR
AND B2 TOTAL ACREAGE L2 L73 SURVEYING AND MAPPING. AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL
2.954,ACRES +/- L74 SURVEYORS AND MAPPERS IN CHAPTER 5J°-17, FLORIDA ADMINISTRATIVE CODE,
I� PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
P. P•N L76 3.ALL DISTANCES SHOWN HEREON ARE =N U.S. SURVEY FEET AND DECIMALS THEREOF.
® ®r L77 4.7HI5 SKETCH AND LEGAL DESCRIPTION IS NOT VAUD WITHOUT THE SIGNATURE AND SEAL
OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
!w 5.SEE SHEETS 2 AND 3 FOR UNE AND CURVE TABLES.
j® S.SEE SHEETS 4 AND 5 FOR LEGAL DESCRIPTION AND CERTIFICATION.
aL® 7.SEE SHEEYS 6-8 FOR CONSERVATION AREA LOCATION 9dTH STATE PLANE COORDIKATM EAST ZONE,
r NORTH AMERICAN DATUM 1983(2011 ADJUSTMENT)AS PROMO® TO OSM BY THE CLIENT AND ADDED AT
1
CLIENT REQUEST. SAID TE POSITIONS NOT FnD LOCATED OR MONUUENTED.z COORDINATES OF POINTS 192 AND 193 WERE ADDED AT QJENT REQUEST AS FIELD ESTABUSIW BY OSM
DUFM A TOPOGRAPHIC SURVEY DOM ON 3/4/21.
P.O.C. B. ADDITIONS OR DELETIONS TO THIS DOCUMENT BY OTHER THAN THE SLING PARTY OR
SOUTHEAST 1 PARTIES 15 PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SKIING PARTY OR PARTIES.
RIVIERA SHORES CORNER RIVIERA i
FIRST ADDITION SHORES FIRST SOUTHERLY BOUNDARY LINE OF PARCELS 35-42 RECORDED IN PLAT
(P.B M5. PRG1. 88, ADDITION PG 88 ! OF SURVEY, PART OF LANDS FORMERLY OWNED BY KEY WEST
M.C.R. r IMPROVEMENT, INC. (P.B. 1, PG. 69. & P.B. 4. PG. 69, M.C.R.),
PLAT OF SURVEY OF LANDS ON THE ISLAND OF KEY WEST (P.O. 3,
L7 PG. 35, M.C.R.) ALSO BEING THE NORTH BOUNDARY LINE OF KEY
WEST INTERNATIONAL AIRPORT
AIRPORT
BOULEVARD
KEY WEST INTERNATIONAL AIRPORT
o�
SKETCH ANLEGAL "
N9.ri N[5flii0 MQlii DESCRIPTION OPTIMAL `I
HAWK MISSILE w V E
JAC2305178 & MAPPING, C.
C� SERVATION AREA '® '® 254 E. erN Ave.. sure® ,oz
Tai303
NV E COUNTY, FLORIDA Ph. 860-2 - 3 8
1OF-8s Llo 850-27siness
Llo®naod Business 7713
)oc.#2510044 Page Number: 16 of 77
Line Table Line Table Line Table
Line # Length Direction Line # Length Direction Line # Length Direction
Ll 1070.82' S86*31'53"E L31 5.93' N09'23'24W L61 16-09' sor 1 7'36"E
L2 34.51' N 1 B'22'58-E L32 2.09' N44!23'1 2"E L62 4.57' S22'0 1'33"E
...................
L3 4.86' N 1 4M'59"E L33 7.75' N62'40'47"E L63 7.46' S29'33'39"E
L4 13.9 1' N 19*1 3'02'W L34 .3.38* S64'50'1 YE L64 2.37' S I 2'38'55'W
L5 32.57' NOB'44'45"W L35 11.84' S73'29'49"E L65 15.95' S64'42'50"W
L6 30.51' N24'44'00"E L36 59.37' S31'04'23"E L66 3.42 SO4'39'37'E
P 8.45' NON42'43"E L37 3.10' N4428'30"E L67 7.95' N8638'43"W
L8 23.50' N33'49'05'v L38 5.07' N6T1 9'23"E L68 9.24' N51*04'12'W
L9 1.36' N41'34'06"W L39 10-79' N70'01'20"E L69 13.86' S59'28'59*W
LIO 13.56' N271 9'45"W L40 16.14' S39"43'26"E L70 14.03' S5955'30"IN
Ll 1 13.73' N51'33'00"E L41 21.36' S33'47'36"W L71 297.69' S6X57'27"W
L12 9.23' N31'21'47"E L42 2.68' S56*17'46W L72 14,83' S44'27'12"W
L13 23.75' N53'23'03"E L43 34.91' S31*0 PE L73 10-19' S39'54'54"W
L14 82.54' N68'40'03"E L44 27.37' S66,34'13"E L74 7.24* S50'54'00"'N
L15 26.62' N53'1 8'39"E L45 39.79' N 10'40'11 V L75 8.33' S2826'36W
L16 27.24' N36*52'1 1"E L46 10.27' N66!54'11'E L76 1.44' S71'26'00'W
L17 1-36' N55*40'55"E L47 25.94' S3554'42'E L77 9.94' N62'32'22"W
L18 4.00' N31'1 1'26"E L48 12.96' N74'32'00-E L78 105.51' N64'06'17'E
L19 8.34' N09*42'24"E L49 21.20' N59'21'53'E L79 4227'57'E
L20 12.42' N 1 7*34'44-E L50 5.0 1' N63'08'28-E L80 5.08' N5248'36T
L21 7.65' N 3 652'11 IN L51 22.14' N5-P54'06"E L81 35.03' N65'00'07"E
L22 15.56' N27'1 8'49"W L52 12.08' S30*37*40"E L82 14.52' N75737'57-E
............-, .
L23 19.88' N38'59'34W L53 5.65' S25'05'51"E LB3 36.55' S53!25'25"E
L24 4A 1 S80'06'32W L54 41,6 1' S41'49'32"E L84 14.58' S50'54'47"W
L25 11.16' S6738'27W L55 34.95' S19'45'30"E L85 35.16' S64*33'38"W
L26 16.30' N3Cr2O'28W L56 5.28' SI0'46'46"E L86 15.08' S59'45'41 V
L27 4.77' N28'39'0 5"E L57 23.87" S43'58'1 9"E L87 5.79' N8B*03'27"W
L28 1.4 V NOV21'48W L58 17.90' S28'08'42"E L88 5.00' N25'02'21 V
L29 6.74' N3741'50'V L59 24.15' S I T30'34"E L89 24.99' N29'38'09'W
L30 30A4' N3'9'40'3'a'W L60 10.02'1 S29*14'31"E
EXHIBIT A-3
Pzqtwo"
01 SKETCH AND LEGAL N
DESCRIPTION
OPTIMAL SURVEYrN
HAWK 30 MISSILE IN E
8178=2 I & MAPPING, INC.
CONSERVATON AREA 'B"
254 E. OTH Ave., Suite 102
' uliahoasse, Fl. 32303 i
MONROE COUNTY, FLORIDA Ph 850-270-2138
2 or-8 TLicensed Business 7713
.. ..........--L . , -
Doc.#2510044 Page Number: 17 of 77
CURVE TABLE
CURVE LENGTH RADIUS DELTA CHORD BEARING
Cl 13.23' 21.75' 34"50'42' 13.02' N5V03'24"E
C2 5.70' 6.58' 4737'39" 5.52' N2T I V09*E
C3 8.48' 11-51' 42*13'51" 8.29' N3531'14"E
04 12.35' 71.56' 09*5.3'09" 12.33' N34*08'27W
C5 17.73' 147.50' 06!53'13" 17.72' N45'58'40"W
CIS 6.29' 16.11' 22'21'54' 6.25' N 10'42'2 6"E
C7 6.14' 10.50* 33*29'32" 6.05' N52'32'43"E
C8 16.52' _123.24- 1 0740-54- 16.51- N78'42-09-E
C9 15.46' 67.83 13'03'32" 15.4.3' S4W27'43W
ClD 11.40' 21.02' 31-04'46" 11.26' N22'59'41"E
Cil 7.17' 28.49' 14!24'44" 7.15' N43'51*51"W
C12 10.32' 10,04' 58!53'59" 9.87' N83'28'22"W
C13 2.40' 2,39' 57'25'57" 2-30' S30'45'1 0"W
C14 10.27' 44.89' 13'06'32" 10-25' S78'1 2'47V
EXHIBIT A-3
REMMON
Mtn
SKETCH AND LEGAL
DESCRIPTION
HAWK M! IL wOPTIMAL SURVEYINQ
°""®uft�"3�_ CONSERVATION AREA "B" & MAPPrNG, INC.EVG 254 E. STH Ave.. Suits 102
swn" , FLORIDA TallahasPh. e 3238303 850s-270-e. Fl'21
or-8 s Licensed Business 7713
)oc.#2510044 Page Number: 1S of 77
LEGAL DESCRIPTION
HAWK MISSILE CONSERVATION AREA"B-1"
A PARCEL OF LAND LYING IN SECTION 3,TOWNSHIP 68 SOUTH, RANGE 25 EAST,IN MONROE COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF RIVIERA SHORES FIRST ADDITION,AS RECORDED 1N PLAT BOOK 5,PAGE
88, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,THENCE S 86'31'53" E,1070.82 FEET,ALONG THE SOUTHERLY
BOUNDARY LINE OF PARCELS 38-42 OF PLAT OF SURVEY,PART OF LANDS FORMERLY OWNED BY KEY WEST
IMPROVEMENT,INC.,AS RECORDED IN PLAT BOOK 1,PAGE 69 AND PLAT BOOK 4,PAGE 69,AND THE PLAT OF SURVEY
OF LANDS ON THE ISLAND OF KEY WEST AS RECORDED IN PLAT BOOK 3, PAGE 35,ALL AS RECORDED IN THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA AND THE NORTH BOUNDARY LINE OF THE KEY WEST INTERNATIONAL
AIRPORT,PER SURVEY BY AVIROM&ASSOCIATES,INC. DATED 1UNE 23,2016;THENCE DEPARTING SAID AIRPORT
BOUNDARY LINE N 03'28'07"E,405.32 FEET TO THE POINT OF BEGINNING;THENCE N 18'22'58" E,34.51 FEET;
THENCE N 14'02'59" E,4.86 FEET;THENCE N 19-13-02"W, 13.91 FEET;THENCE N 08'44'45"W,32.57 FEET;THENCE
N 24'44'00"E,30.51 FEET;THENCE N 05'42'43"E,8.45 FEET;THENCE N 33'49'05"W,23.50 FEET;THENCE
N 41'34-06"W,1.36 FEET;THENCE N 22'1945"W, 13.56 FEET;THENCE N 51'33'00" E,13.73 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST;THENCE NORTHEASTERLY 13.23 FEET ALONG THE ARC OF
SAID CURVE, HAVING A RADIUS OF 21.75 FEET,A CENTRAL ANGLE OF 34'50'42"AND A CHORD BEARING
N 50'03-24"E, 13.02 FEET;THENCE N 31'21'47" E,9.23 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO
THE SOUTHEAST;THENCE NORTHEASTERLY 5.70 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 6.58
FEET,A CENTRAL ANGLE OF 49'37-39"AND A CHORD BEARING N 24'11'09" E,5.52 FEET;THENCE N 53'23'03" E,23.75
FEET;THENCE N 68'40-03" E,82.54 FEET;THENCE N 53'18'39"E,26.62 FEET;THENCE N 36'52'11" E,27.24 FEET;
THENCE N 55`40'55"E,1.36 FEET;THENCE N 31'11'26"E,4.00 FEET;THENCE N 09'42'24" E,8.34 FEET;THENCE
N 17'34'44"E, 12.42 FEET;THENCE N 36'52'11"W,7.65 FEET;THENCE N 27'18'49"W,15.56 FEET;THENCE
N 38-59-34"W, 19.88 FEET;THENCE S 80'06'32"W,4.11 FEET;THENCE S 67'38'27"W,11.16 FEET;THENCE
N 30'20'28"W, 16.30 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST;THENCE
NORTHEASTERLY 8.48 FEET ALONG THE ARC OF SAID CURVE,HAVING A RADIUS OF 11.51 FEET,A CENTRAL ANGLE OF
42'13'51"AND A CHORD BEARING N 35'31'14" E,8.29 FEET;THENCE N 28'39'05" E,4.77 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST;THENCE NORTHWESTERLY 12.35 FEET ALONG THE ARC OF
SAID CURVE, HAVING A RADIUS OF 71.56 FEET,A CENTRAL ANGLE OF 09'53'09"AND A CHORD BEARING
N 34'08'27"W,12.33 FEET;THENCE N 04'21-48"W, 1.41 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
TO THE NORTHEAST;THENCE NORTHWESTERLY 17.73 FEET ALONG THE ARC OF SAID CURVE,HAVING A RADIUS OF
147.50 FEET,A CENTRAL ANGLE OF 06-53-13"AND A CHORD BEARING N 45`58-40"W, 17.72 FEET;THENCE
N 37'41'50"W,6.74 FEET;THENCE N 39'40'39"W,30.44 FEET;THENCE N 09'23'24"W,5.93 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE EAST;THENCE NORTHERLY 6.29 FEET ALONG THE ARC OF SAID CURVE,
HAVING A RADIUS OF 16.11 FEET,A CENTRAL ANGLE OF 22621'54"AND A CHORD BEARING N 10'42'26"E,6.25 FEET;
THENCE N 44'23'12" E,2.09 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST;THENCE
NORTHEASTERLY 6.14 FEET ALONG THE ARC OF SAID CURVE,HAVING A RADIUS OF 10.50 FEET,A CENTRAL ANGLE OF
33'29'32"AND A CHORD BEARING N 52'32'43"E,6.05 FEET;THENCE N 62'40'47" E,7.75 FEET;THENCE S 64-50-13" E,
3.38 FEET;THENCE S 73°29'49" E,11.84 FEET TO POINT"A";THENCE S 31'04'23"E,59.37 FEET;THENCE N 44'28'30"E,
3.10 FEET;THENCE N 63'19-23" E,5.07 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH;
THENCE EASTERLY 16.52 FEET ALONG THE ARC OF SAID CURVE,HAVING A RADIUS OF 123.24 FEET,A CENTRAL ANGLE
OF 07'40'54"AND A CHORD BEARING N 78'42'09" E,16.51 FEET,THENCE N 70'01'20" E, 10.79 FEET;THENCE
S 39'43'26" E,16.14 FEET;THENCE S 33'47'36"W,21.36 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
TO THE NORTHWEST;THENCE SOUTHWESTERLY 15.46 FEET ALONG THE ARC OF SAID CURVE,HAVING A RADIUS OF
67.83 FEET,A CENTRAL ANGLE OF 13'03-32"AND A CHORD BEARING S 40-27-43"W,15.43 FEET;THENCE
S 56'17'46"W,2.613 FEET;THENCE S 31'00'53"E,34.91 FEET;THENCE S 66'34'13"E,27.37 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST;THENCE NORTHEASTERLY 11.40 FEET ALONG THE ARC OF
SAID CURVE, HAVING A RADIUS OF 21.02 FEET,A CENTRAL ANGLE OF 31004'46"AND A CHORD BEARING
N 22'59'41"E, 11.26 FEET;THENCE N 10'40-11"W,39.79 FEET;THENCE N 66'54-11" E, 10.27 FEET;THENCE
S 35'54'42"E,25,94 FEET;THENCE N 74'32'00" E,12.96 FEET;THENCE N 59'21'53" E, 21.20 FEET;THENCE
N 63'08'28"E,5.01 FEET;THENCE N 57'54'06" E,22.14 FEET;THENCE S 30'37'40" E, 12.08 FEET;THENCE
S 25'05'51" E,5.65 FEET;THENCE S 41'49'32" E,41.61 FEET;THENCE S 19'45'30"E,34.95 FEET;THENCE S 10'46'46" E,
5.28 FEET;
(CONTINUED ON SHEETS OF 5) jEXHlBl:T:=A-3
news
W� .m10..®m.. SKETCH LEGAL
"'�' '"'�°"°'��-. DESCRIPTION
HAWK MISSILE OPTIMAL SURVEY
78 w & MAPPING INC.
CONS�yERVATION AREA "B" 254 E. sTH Ave.. Suite ,®2
Y"0 ROECOUNTY, FLORIDA Tallahassee, Fl. 32303
S Ph. 050-270-2138
OF 8 Licensed Business 7713
Doc.#2510044 Page Number: 19 of 77
(CONTINUED FROM SHEET 4 OF 5)
THENCE S 43*58'19"E,23.87 FEET;THENCE S 28*08'42"E,17.90 FEET;THENCE S 17'30'34" E,24.15 FEET;
THENCE 5 29*14'31" E, 10.02 FEET;THENCE S 0701736"E,16,09 FEET;THENCE S 22*01'33"E,4.57 FEET;THENCE
S 29"33'39" E,7.46 FEET,THENCE 5 12-39-55"W,2.37 FEET;THENCE 5 64-42-50"W, 15.95 FEET;THENCE
S 04"39'37"E,3.42 FEET;THENCE N 86*38'43"W,7.95 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO
THE SOUTHWEST;THENCE NORTHWESTERLY 7.17 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 28.49
FEET,A CENTRAL ANGLE OF 14-24-44"AND A CHORD BEARING N 43-51-51"W,7.15 FEET;THENCE N 51-04'12"W,
9,24 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH;THENCE WESTERLY 10.32 FEET
ALONG THE ARC OF SAID CURVE,HAVING A RADIUS OF 10.04 FEET,A CENTRAL ANGLE OF 58-53-59"AND A CHORD
BEARING N 83*28'22"W,9.87 FEET,THENCE S 59-28-59"W, 13.86 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE TO THE SOUTHEAST;THENCE SOUTHWESTERLY 2.40 FEET ALONG THE ARC OF SAID CURVE,HAVING A
RADIUS OF 2.39 FEET,A CENTRAL ANGLE OF 57-25'57"AND A CHORD BEARING S 30-46,10--W,2.30 FEET;THENCE
5 58*55'30"W,14.03 FEET,THENCE S 63-57'27"W,297.69 FEET;THENCE S 44-27-12"W, 14.83 FEET,THENCE
S 39*54'54"W, 10.19 FEET;THENCE S 50'54'00"W,7.24 FEET;THENCE 5 28*26'36"W,8.33 FEET;THENCE
S 71-26-00"W, 1.44 FEET;THENCE N 62-32-22"W,9.94 FEET TO THE POINT OF BEGINNING.
CONTAINING 64,294 SQUARE FEET,MORE OR LESS,
LEGAL DESCRIPTION
HAWK MISSILE CONSERVATION AREA"B-2"
A PARCEL OF LAND LYING IN SECTION 3,TOWNSHIP 68 SOUTH, RANGE 25 EAST,IN MONROE COUNTY,FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE ATTHE AFOREMENTIONED POINT"A";THENCE N 64"06'17'E, 105.51 FEETTO THE POINT OF
BEGINNING;THENCE N 42*2757"E, 10.64 FEET,THENCE N 52'48'36" E,5.08 FEET;THENCE N 65'00'07"E,35,03
FEET;THENCE N 75'37'57" E, 14.52 FEET;THENCE S 53'25'25"E,36.55 FEET,THENCE S 50*54'47"W, 14.58 FEET;
THENCE S 64'33'38"W,35.16 FEET;S 59'4542"W, 15.08 FEETTO THE POINT OF CURVATURE OF A CURVE
CONCAVE TO THE NORTHWEST;THENCE SOUTHWESTERLY 10.27 FEET ALONG THE ARC OF SAID CURVE,HAVING A
RADIUS OF 44.89 FEET,A CENTRAL ANGLE OF 13-06-32"AND A CHORD BEARING 5 78-12-47"W,20.25 FEET;THENCE N
880 03'27"W,5.79 FEET;THENCE N 25'02'21"W,5.00 FEET;THENCE N 29*38'09"W, 24.99 FEET TO THE POINT OF
BEGINNING.
CONTAINING 2,697 SQUARE FEET, MORE OR LESS.
CONTAINING 66,991 TOTAL SQUARE FEET,MORE OR LESS(AREA-B-1-AND AREA-B-2-)
OW
SM7
I Digitally signed by Michael W O'Neal
Michael W u Neal Date:2025.05.28 13:10:07-04'00' STATE OF and
re FLORIDA
MICHAEL W.O'NEAL,PSM
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO.GM7 EXHIBIT A-3
aN SKETCH AND LEGAL N
-M!n DESCRIPTION
OPTIMAIL SURVEY
HAWK MISSILE W-*
JC2309179 it & MAPPING, INC.
Mwep CONSERVATION AREA "13
em 254 E. 6TH * 102
.11'. . Ave..-iAw
�Ncl Tallaho isee, Fl. 303
MONROE COUNTY, FLORIDA Ph. 850-270-2130
5 01=8
a d S Licensed BusInese 7713
Doc.#2510044 Page Number: 20 of 77
9712
EXHIBIT A-3 710 1 AREA® _ °
97 2,697 S.F. +/-
97D6 7 0.062 ACRES,974
96 1 965 9 20 971
4 9653 9 19 9716
9648 96 4 9 18
9645 9646 96 g
9655 9660
965 661
9643
9641 fi 7
9638 9640 9670 4 7
9637 9fi 2 9671 967
9 633 4 9678
9665 9673
96 2 9672
1 666 9679
30
29 9 6
9667
96 968
2 9
62 6
9 4 9682
9683
68
9685 9686
9619
AFEA we 1'
9621 64,294 S.F. +/— 9 997 6 9688
9616
1.476 ACRES, +/— 9 9700
81 9690
9614 9613
9692
1
11
10
9609
9608
607
97 2
73 NOTES:
9704 1. SEE SHEET 7 OF 8 FOR COORDINATE TABLE
6 2. SEE SHEET 8 OF 8 FOR CONTROL POINTS
9707 6
SIa
SKETCH AND LEGAL
DESCRIPTION
HAWK IL w OPTIMAL F
CONSERVATION AREA "A"
pq 254 E. STH Ave., Suite 102
Tallahassee. FI. 32303
*� MONROE COUNTY, FLORIDA s Ph. 850-270-2138
Licensed Business 7713
Doc.#2510044 Pagc Number: 21 of 77
COORDINATE
NO. NORTHING EASTING NO. NORTHING EASTING
9606 82592.1583 403390.7261 9666 82891.4068 403570.0849
9608 82629.6289 403402.7911 9667 82880.5229 403595.2004
9609 82642.7629 403398.2129 9669 82890. 903 403599.5999
9610 82674.9498 403393.2612 9670 82929.9893 403592.2336
9611 82702.6588 403406.0255 9671 82934,0171 403601.6781
9612 82711.0650 403406.8663 9672 82913.0076 403616.8929
9613 82730.5875 403393.7882 9673 82916.4644 403629.3860
9614 82731.6039 403392.8868 9674 82927.2655 403647.6240
9615 82744.1476 40337.7348 9675 82929.5277 403652.0910
9616 82752.6827 403398.4841 9676 82941.2916 403670.8455
9617 82772.7711 403390.1547 9677 82930.8961 403677.0002
9618 82761.0436 403408.4683 9678 82925.7785 403679.3972
9619 82768.9241 403413.2716 9679 82894.7691 403707.1476
9621 82773.9604 403415.5336 9680 82861.8802 403718.9614
9622 8278.1264 403434.5970 9681 82856.6914 403719.9493
9623 82818.1526 403511.414 962 82839.5112 403736.5238
9624 82834.0588 403532,8297 9683 82823.7307 403744.9657
9625 62855.8503 403549.1733 9684 82800.7003 403752.2313
9626 82856.6164 403550.2956 9685 82791.9589 403757.1251
9627 82860.0421 403552,3695 9686 82775.9951 403759.1682
9628 82 68.2636 403553,7758 9687 82771.7556 403760.8833
9629 82880.1046 403557.5272 9688 82765.2680 403764.5629
9630 82886.2233 403552.9382 9689 82762.9540 403764.0436
9631 82900.0479 403545.7986 9690 82756.1393 403749.6179
9632 82915.5011 403533.2881 9691 82752.7290 403749.8959
9633 82914.7959 403529.2438 9692 82753.1943 403741.9583
9634 82910.5517 40351 .9257 9694 82758.3473 403737.0057
9635 82924.6151 403510.6942 9695 82764.1512 403729.8205
9637 82931.3636 403515.5115 9697 82765.2731 403720.0145
9638 82935.5517 403517.7998 9698 82758.2376 403708.0785
9640 82945.7584 403510.8787 9700 82756.2625 403706,9026
9641 82947.1677 403510.7712 9701 82749.0189 403694. 828
9643 82959.4808 403498.0306 9702 8261 .3218 403427.4192
9644 82964.8158 403493.9076 9703 82607.7389 403417.0363
9645 82988.2477 403474.4696 9704 82599.9207 403410.495
9646 82994.0976 403473.5022 9705 82595.3567 403404. 798
9648 83000.2366 403474.6630 9706 8258.0344 403400.9135
9649 83001.7273 403476.1221 9707 8257.5749 403399.5455
9651 83005.3907 403480.9499 9708 83050.2399 403597.1418
9652 8300 .9630 403487.8086 9709 83058.0887 403604.3253
9653 83007.5252 403490.8692 9710 83061.1570 403608.3691
9654 83004.1606 403502.2257 9711 83075.9590 403640.1151
9655 82953.3094 403 32.8685 9712 83079,5613 403654.1782
9656 82955.5228 403535.0417 9713 83057.776 403683.5339
9657 82957.7976 403539.5692 9714 83048.5846 403672.2154
9659 82961.0320 403555.7596 9715 83033.4806 403640.4630
9660 82964.7193 403565.9026 9716 83025.8872 403627,4365
9661 82952.3047 403576.211 9717 83068.4939 403613.3115
9662 82934.5512 403564.3362 9718 83023.7939 403617.405'"'
9664 82922.8138 403554.3250 9719 83023.9903 403611.6143
9665 82921.3273 403552.0964 9720 83028.5204 403609. 981
-axle °u KETCH AND LEGAL
:! "` 11DESCRIPTION
HAWK MISSILE w OPTIMAL U V Y E
'� 81'a & MAPPING, INC.
CONSERVATION AREA "A"
ffc zsk E. 6TH Ave , Su
'dte 102
N COUNTY, FLORIDA T®��®h 0-2 ", 3 B
S
Ph. 8b7p�213 I�
L'eensed Business 7713
)OC.#2510944 Page Number:22 of 77
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)oc.#2510044 Page Number; 23 of 77
EXHIBIT B
)oc.#2510044 Page Number: 24 of 77
X
Exhibit
RESOLUTION NO. 07-115
A RESOLUTION OF THE CITY COMKXSSION 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 KJANAGEMENT DISTRICT AT THE HAWK MISSILE
SITE, PROVIDING FOR AN EFFECTIVE DATE
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST,
FLORIDA, AS FOLLOWS:
Section 1: That the attached Deed of Conservation Easement
is hereby approved.
Section 2 : That this Resolution shall go into effect
immediately upon its passage and adoption and authentication by the
signature of the presiding officer and the Clerk of the Commission.
Passed and adopted by the City Commission at a meeting held
this 3 day of April 2007 .
Authenticated by the presiding officer and Clerk of the
Commission on April 4 , 2007.
Filed with the Clerk April 4 2007 .
M�Aa MORGAN M HERSON, MAYOR
AT
CHERYL EMIT , CITY CLERK
Doe. 2510044 Page Number: 25 of 77
�f
EXECUTIVE SUMMARY
Zsti�f r j..i
.
TO: Julio Avael, City Manager
FROM: E. David Fernandez, General Services Directorn W1 `�S ®
DATE: March 20, 2007
SUBJECT: Approval of a Conservation Easement with the South Florida Water
Management District at the Hawk Missile Site
Action statement:
Approving a conservation easement at the Hawk Missile Site with the South Florida
Water Management District (SFWMD) consistent with the terms of the Impact
Assessment and Mitigation Plan agreement between the City and SFWMD associated
with the maintenance of our stormwater system.
Strategic PlanlBusiness Plan:
Stormwater improvements and environmental preservation play a critical role in both the
City's Strategic Plan and Business Plan under the Environmental Management
category.
Background:
The South Florida Water Management District and the US Army Corps of Engineers
have informed the City that its emergency work last year in clearing and trimming
mangroves and salt marsh to maintain the function of our stormwater system required
permits under their State and federal regulatory jurisdiction. To address the
enforcement action taken by these agencies, the City has prepared an impact
assessment and mitigation plan agreement with the SFWMD. This conservation
easement is required as per this agreement.
Purpose &Justification:
As part of this easement, the City agrees to protect existing natural habitat in the Salt
Ponds surrounding the Hawk Missile Site. In addition, the City will plant red mangroves
in designated areas of this property, and provide conditions favorable to future native
plant growth.
d
Doc.4 2510044 Page Number: 26 of 77
The City will also perform work to greatly improve the flow of water between the ponds.
This will facilitate tidal flow, improve water quality, and assist the surrounding
neighborhood in flood recovery.
Options:
1. Approving the conservation easement with the South Florida Water Management
District. This option is consistent with preservation requirements in the original
land conveyance.
2. The City could choose not to approve the easement. However, not approving the
easement would result in legal proceedings that will result in significant monetary
or additional mitigation penalties for the City.
Financial Impact:
This easement is part of an agreement that will augment the City's short and long-term
capital improvement plan for our Stormwater Utility. Projects within the mitigation plan
will be financed and planned within the Utility's existing and future annual budgets.
Recommendation:
The staff recommends option#1, the approval of the conservation easement agreement
with the South Florida Water Management District.
V
)oc.#2510044 page Number: 27 of 77
Return rm ided doatment to:
SOUth Florida Water Mama nnezd Distrid
3301[dim Chib Road,MSC
West Faun$each,FL 33406
DEED OF CONSERVATI N EASE
THIS DEED OF CONSERVATION EASEMENT is given this day of
20 ,by the City of Key West ("Grantor") whose mailing
address is
to
the South Florida Water Management District ("Grantee'). As used herein, the team "Grantor" shall
include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the
'Property" (as hereinafter defined) and the term "Grantee" shall include any successor or assignee of
Grantee.
W1TN SSETH
WHEREAS,the Grantor is the owner of certain lands situated in Monroe County,Florida,and
more specifically described in Exhibit'T'attached hereto and incorporated herein(„property");and
WHR: EAS, the Grantor desires to provide mitigation to address certain unauthorized
activities at sites in Monroe County, which are subject to the regulatory jurisdiction of South Florida
Water Management District("District");and
WHEREAS, District Consent Order No. (°Consent
Order")authorizes this mitigation;and
WHEREAS, this Consent Order requires that the Grantor preserve, enhance, restore and
mitigate wetlands and uplands under the District's jurisdiction;and
WHEREAS, the Grantor, in consideration of resolution of the enforcement case against
Grantor as addressed in the Consent Order, is agreeable to granting and securing to the Grantee a
perpetual Conservation Easement as defined in Section 704.06, Florida Statutes, over the area
described on Exhibit"Il"("Conservation Easement").
NOW, THEREFORE, Grantor hereby grants, creates, and establishes a perpetual
Conservation Easement for and in favor of the Grantee upon the property described on Exhibit
"N' which shall run with the land and be binding upon the Grantor, and shall remain in full force
and effect forever.
Porno No. 1190 l
Standard
Rev.03/2006
V
Doc.#2510044 Page Number 28 of 77
The scope,nature,and character of this Conservation Easement shall be as follows:
1. featals. The recitals hereinabove set forth are true and correct and are hereby
incorporated into and made a part of this Conservation Easement.
2. It is the purpose of this Conservation Easement to retain land or water areas
in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain
such areas as suitable habitat for fish plants or wildlife and to be consistent with the provisions of the
Quitclaim Deed conveyed from United States Department of Interior and the Department of Defense
(Exhibit M) to the City of Key West for a public pearls and recreational area. Those wetland and/or
upland areas included in this Conservation Easement which are to be enhanced or created pursuant to
the Consent Agreement shall be retained and maintained in the enhanced or created conditions required
by the Consent Agreement.
To carry out this purpose,the following rights are conveyed to Grantee by this easement:
a. To enter upon the Property at reasonable times with any necessary equipment
or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the
use and quiet enjoyment of the Property by Grantor at the time of such entry,and
b. To enjoin any activity on or use of the Property that is inconsistent with this
Conservation Easement and to enforce the restoration of such areas or features of the Conservation
Easement that may be damaged by any inconsistent activity or use.
3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance and
monitoring activities, or ffinface water management improvements, or other activities described herein
that are permitted or required by the Consent Apurnetnt, the following activities are prohibited in or
on the Conservation Easement:
a. Construction or placing of buildings, roads, signs, billboards or other
advetttsing,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 pLwing 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, gavel, soil, rock, or other
material substance in such manner as to affect the surface;
C. Surface use except for purposes that permit tine land or water area to remain in
its natural or enhanced condition;
Form No. 1190 2
Standard
03/2006
Doc.#2510044 Page Number: 29 of 77
f. Activities detrimental to drainage, flood control, water conservation, erosion
control, soil conservation, or fish and wfldl'rfe 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, Pgsivffl Rpog i Facilities. Grantor reserves all rights as owner of the Property,
including the right to engage in uses of the Property that are not prohibited herein and that are not
inconsistent with any District rule, criteria, the Consent Agreement, provisions of the Quitclaim Deed
conveyed from United States Department of Interior and the Department of Defense(Exhibit III.),and
the intent and purposes of this Conservation Easement. Passive recreational uses that are not contrary
to the purpose of this Conservation Easement and the Quitclaim Deed conveyed from United States
Departrtrent of Interior and the Department of Defense (Exhibit III) may be permitted upon written
approval by the District.
a. The Grantor may conduct limited land clearing for the purpose of constructing
such pervious Facilities as docks,boardwalks or mulched walling trails.
b. The construction and use of the approved passive recreational facilities
shall be subject to the following conditions:
i. Grantor shall minimize and avoid, to the fullest extent possible, impact
to any wetland or upland buffer areas within the Conservation Easement Area
and shall avoid materially diverting the direction of the natural surface water
flow in such area;
a. Such facilities and improverrients shall be constructed and maintained
utilizing Best Marragenerrt Practices;
iii. Adequate containers for litter disposal shall be situated adjacent to such
facilities and improvements and periodic Inspections shall be instituted by the
maimenance entity, to clean any litter from the area srurounding the facilities
and improvements;
iv. This Conservation Easement shall not constifirte permit authorization
for the construction and operation of the passive recreational facilities. Any
such worst shell be subject to all applicable federal, state, District or local
permitting requirements u
Form No. 1190 3
Standard
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)oc.#2510044 Page Number: 30 of 77
5. Chwaor'; RCxffA JRight Grantor 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 role, 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(Exhibit M).
6. No Dedication, No right of access by the general public to any portion of the Property
is conveyed by this Conservation Easement.
7. ma's j jAgty. Grantee shall not be responsible for any costs or liabilities related to
the operation,upkeep or maintenance of the Property.
8. Prouerty Taxes. Grantor shall keep the payment of taxes and assessments on the
Easement Parcel current and shall not allow any lien on the Easement Parcel superior to this
Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in
addition to any other remedy, the Grantee may, but shall not be obligated to, elect to pay the lien
on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the Grantee,
together with Grantee's reasonable attorneys fees and costs, with interest at the maximum rate
allowed by law, no later than thirty days after such payment. In the event the Grantor does not so
reimburse the Grantee, the debt owed to Grantee shall constitute alien against the Easement
Parcel which shall automatically relate back to the recording date of this Easement. Grantee may
foreclose this lien on the Easement Parcel in the manner provided for mortgages on real property.
9. Enforcement Enforcement of the terms, provisions and restrictions of this
Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on
behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor,
shall not be deemed or construed to be a waiver of Grantee's rights hereunder.
10. Assismmem Grantee will hold this Conservation Easement exclusively for
conservation purposes. Grantee will not assign its rights and obligations under this Conservation
Easement except to another organization or entity qualified to hold such interests under the applicable
state laws.
11. SeveraWity. If any provision of this Conservation Easement or the application thereof
to any person or circumstances is found to be invalid, the remainder of the provisions of this
Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation
Easement is preserved.
12. T_erms and Restricx m. Grantor shall insert the terms and restrictions of this
Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests
itself of any interest in the Conservation Easement. The Grantor shall comply with all the provisions of
the Quitclaim Deed conveyed from United States Department of Interior and the Department of
Defense (Exhibit M) and be subject to all applicable provisions of the Clean Water Act of 1977,
Form No. 1190 4
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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 Affecting
Navigable Airspace'.
13. Mi N . All notices, consents, approvals or other com mnications hereunder
shall be in writing and shall be deemed properly given if sent by United States certified mail, return
receipt requested, addressed to the appropriate party or successor-in interest.
14. MpMcakons,. This Conservation Easement may be amended, altered, released or
revoked only by written agreement between the parties hereto or their heirs, assigns or
sncce=T`S-in-interest,which shall be filed in the public records in Monroe County.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terns, 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 eovenarfts with said Grantee that Grantor is lawf idly seized of said Property in
fee simple; that the Conservation Easement is free and clear of all encumbrances that are inconsistent
with the terns of this Conservation Easement; and all mortgages and liens on the Conservation
Easement area, if any, have been subordinated to this Conservation Easement; and that Grantor has
good right and lawfW authority to convey this Conservation Easement;and that it hereby fully warrants
and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all
persons whomsoever.
0
Form No. 1190
Standard
03/2006
)oc.#2510044 Page Number: 32 of 77
d
IN WITNESS W11EREOF, (Grantor) has hereunto set
its authorized hand this day of , 20
a Florida corporation
By:
Print e: AI
Title: 9"Aw 9�a &Amf q
Signed, sealed and delivered
in our a ence as wi see: '
By:
Print Name:
By:
Print Name: sue- ------
STATE OF FLORIDA
COUNTY OF `rig
On this day of 20 d 7 before me, the undmVLed notary public,
personally appeared the person who subscn`bed to the foregoing
instrument, as the (title), 0 40Wtd,41 (Corporation), a
Florida corporation, o edged he/she execu andted 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
Print Name: *,e4 S. bdrXtiA
•?; DPamela S. De ala
My Commission Expires: 7 �p/a �'' ommfssion#DD592976
' %NIP 4. Expires Se r 7 2010
Form No. 1190 6TfW Few lewoxe.ke 40&M&T91!
Standard
Rev.03/2006
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0av
RCD Ape El 2902 02e45pH
7IDANRY L KOLGAG6, CLERK
QUITCLAIM DEED
The UNITED STATES OF AMERICA, acting by and through the Secretary of the
Interior, acting by and through the Regional Director, Southeast Region,
National Park Service, (hereinafter designated "GRANTOR I under and
pursuant to the power and authority contained in the provisions of the Federal
Property and Administrative Services Act of 1949 (63 $tat. 377), as amended,
and particularly as amended by Public Low 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 43.7T acres in
fee, known as the Hawk Missile Site, at the former Naval Air Station, Key West,
Monroe County, Florida, and being more particularly described in EXHIBIT "K,
attached hereto and incorporated herein by reference.
THIS CONVEYANCE is made subject to any and all existing rights-of-ray,
easements, covenants and agreements affecting the above-described premises,
Whether or not the same now appear of record.
TO HAVE and to Hold the hereinbefore described property, subject to the
reservations, exceptions, restrictions, conditions and covenants herein
expressed and set forth unto the GRANTEE, its successors and assigns,
forever;
The GRANTEE acknowledges that it has Inspected, is aware of, and accepts the
condition and state of repair of the PROPERTY, that the PROPERTY Is
conveyed "as is'and "where is"without any representation, promise, agreement,
or warranty on the part of the GRANTOR regarding such condition and state of
repair, or regarding the making of any alterations, improvements, repair or
additions, or as to its usability generally or as to Its fitness for any particular
purpose, and that the GRANTOR shall not be liable for any latent or patent
defect in the PROPERTY, except to the extent required by applicable law and
except for the covenant, representation and indemnities of GRANTOR contained
herein.
n
EXHIBIT III
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PURSUANT to authority contained in the Federal Property and Administrative
Services Act of 1949, as amended, and applicable rules, regulations and orders
promulgated thereunder, and a delegation of that authority to the Secretary of
Defense (SECDEF) in accordance with the Defense Base Closure and
Realignment Act of 1990, Public Law 101-510, 10 U.S.C. 2687 note, as
amended, and a subsequent delegation of the authority by SECDEF to the
Secretary of the Navy, the Department of the Navy determined the subject
property to be surplus to the needs of the United States of America and
assigned the property to the Department of the Interior for further conveyance to
the City of Key West, Florida.
IT IS AGREED and understood by and between the GRANTOR and GRANTEE,
and the GRANTEE, by its acceptance of this deed, does acknowledge its
understanding of the agreement, and does covenant and agree to itself, and its
successors and assigns,forever, as follows:
1. This property shall be used and maintained for the public park and recreation
purposes for which it was conveyed in perpetuity as set forth in the program of
utilization and plan contained In the application, submitted by the GRANTEE in
April 1999, which program and plan may be amended from time to time at the
request of either the GRANTOR or GRANTEE, with the written concurrence of
•the other party, and such amendments shall be added to and become a part of
the original application.
2. The GRANTEE shall,within 6 months of the date of the deed of conveyance,
erect and maintain a permanent sign or marker near the point of principal access
to the conveyed area which says:
This pails land was acquired through the FEDERAL LANDS TO
PARKS PROGRAM of the United States Department of the
Interior, National Parts 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 wilting 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. u
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 of the property during the preceding 2-year period, and other
pertinent data establishing Its continuous use for the purposes set forth above,
for ten consecutive reports and as further determined by the Secretary of the
Interior.
5. Funds generated on this property may not be expended for non-recreation
purposes, Until this property has been fully developed in accordance with the
Program of Utilization, all revenues generated on this property must be used for
the development, operation and maintenance of this property. After this property
has been fully developed in accordance with the Program of Utilization, revenue
generated on this property may be expended on other recreation properties
operated by the GRANTEE.
6. As part of the consideration for the Deed, the GRANTEE covenants and
agrees for itself, Its successors and assigns, that (1) the program for or in
connection with which this Dead is made will be conducted in compliance with,
and the GRANTEE, Its successors and assigns,will comply with all requirements
imposed by or pursuant to the regulations of the Department of the Interior In
effect on the date of this Deed (43 C.F.R. Part 17) issued under the provisions of
Title VI of the Civil Rights Act of 1964; (2) this covenant shall be subject in all
respects to the provisions of said regulations; (3) the GRANTEE, its successors
and assigns, will promptly taste 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 taw 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), for Protection of Wetlands and Executive Order
11988 (May 24, 1977)for Floodplain Management, where and to the extent said
amendments and Orders are applicable to the property herein conveyed, and
GRANTEE shall be subject to any use restrictions issued under said
Amendments and Orders.
9. GRANTEE covenants for itself, its successors and assigns to the Premises,
or any part thereof, that any construction or alteration is prohibited unless a
determination of no hazard to air navigation is issued by the Federal Aviation
Administration In accordance with Title 14, Code of Federal Regulations (CFR),
Part 77, entitled"Objects Affecting Navigable Airspace,' or under the authority of
the Federal Aviation Act of 1958, as amended.
10. A document entitled 'A Finding of Suitability to Transfer" (FOST) and a
second document entitled'Addendum for Transfer' are attached as EXHIBIT'B'
and EXHIBIT"C", respectively, to this Deed; an Environmental Baseline Survey
(EBB) report is referenced in the FOST; the FOST, the Addendum and EBS
reference environmental conditions on the Property. Sucl'i 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. -B s d eInt CLBPI.
a. A 1996 inspection team identified cans marked "lead-paint"
stored in an adjacent bunker used by the veteran's group which
occupied the property for a period of time. Therefore, it Is
presumed that lead-based paint was applied to the exteriors and
Interiors of the buildings. However, the subject structures are not
considered target housing. The GRANTEE hereby acknowledges
receipt of a Load-Based Paint Hazard Disclosure and
Admowledgement Form for Non-Residential Structures.
b. The GRANTEE covenants and agrees that in its use and
occupancy of the Property, it will comply with all applicable
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Federal, State, and local laws relating to LBP in nor -residential
structures. The GRANTEE acknowledges that the GRANTOR
assumes no liability for damages for personal injury, illness,
disabifity, or death to the GRANTEE, or to any other person,
including members of the general public, arising from or incident to
the purchase, transportation, removal, handling, use, disposition,
or other activity causing or leading to contact of any kind
whatsoever with LBP on the Property, whether the GRANTEE has
properly warned, or failed to properly 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 REY 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 19%. Sampling conducted during the
site indicated the presence of diesel fuel in the soil. Soil was
excavated and disposed of during the interim removal action
conducted in 1999.
13. Pursuant to Section 120(h)(3) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended, (CERCLA), 42
U.S.C. § 9620(h)(3), GRANTOR covenants and warrants that all remedial action
necessary to protect-human health and the environment with respect to any
known hazardous substance or petroleum product remaining on the Property
has been taken before the date of this deed, and any additional remedial action
found to be necessary after the date of this Deed shall be conducted by
GRANTOR; provided, however, that the foregoing covenant shall not apply in
any case in which GRANTEE of any or all of the Property is a potentially
responsible party with respect to the Property.
Doc.#2510044 Page Number: 38 of 77
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14. GRANTEE covenants that in accordance with CERCLA Section
120(h)(3)(A)(iii), that the GRANTOR, its officers, agents, employees, contractors
and subcontractors, shall have access to the Property In any case In which
remedial action or corrective action is found to be necessary after the date
hereof. The right to enter shall include the right to conduct activities related to
environmental investigation, and to carry out remedial or removal actions as
required or necessary under applicable authorities, including, but not limited to
monitoring wells, pumping wells and treatment facilities. The right of access
includes the right of access to, and use of, to the extent pennftted by law,
available utilities at reasonable cost to GRANTOR. These access rights are in
addition to those granted to federal, state and local authorities under appropriate
and applicable environmental laws and regulations GRANTEE agrees to
cooperate with activities of the GRANTOR in furtherance of this covenant and
will take no action to interfere with future necessary remedial and investigative
actions of the GRANTOR. The GRANTOR and GRANTEE agree to cooperate
In good faith to minimize any conflict between necessary environmental
investigation and remediation activities and operations of GRANTEE, its
successors and assigns, and of any lessee or any sublessee of the Property.
Any inspection, survey, investigation or other response or remedial action will to
the extent practicable, be coordinated with representatives designated by
GRANTEE or Its successors and assigns.
15. GRANTEE covenants and agrees for itself and Its successors, assigns,
lessees and/or licensees that it shall provide written notice to the 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, lease, license or other such interest, GRANTEE shall
impose upon the party to whom such property is transferred the requirements,
duties and obligations contained herein.
17. The Federal government shall hold harmless, defend and indemnify the City
of Key West and any future successor, assignee, transferee, lender, or lessee of
the Subject Property from any 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 330 of Public Law 102-484.
18. The GRANTOR, and any representative it may so delegate, shall have the
right of entry upon said premises at any time to conduct Inspections of the
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properly for the purpose of evaluating the GRANTEE'S compliance with the
terms and conditions of this deed.
19. In the event there is a breech 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 small revert to and become the property of the GRANTOR at Its
option, which In addition to all other remedies for such breach shall have the
right of entry upon said premises, and the GRANTEE, its successors and
assigns, shall forfeit all right, title and interest in said premises and in any and all
of the tenements, hereditaments and appurtenances thereunto belonging;
provided, however, that the failure of the Secretary of the Department of the
Interior to require in any one or more instances complete performance of any of
the conditions or covenants shall not be construed as a waiver or relinquishment
of such future performance, but the obligation of the GRANTEE, Its successors
and assigns, with respect to such future performance shall continue in full force
and effect In the event of a reversion, the GRANTEE agrees to provide an
acceptable level of protection and maintenance of the property until title has
actually reverted.
GRANTEE, by acceptance of this deed, covenants and agrees for itself and its
successors and assigns that in the event GRANTOR exercises its option to
revert all right, title, and Interest in and to the Premises to GJ?ANTOR, or
GRANTEE voluntarily retums title to the Premises in lieu of a reverter, then
GRANTEE shall provide protection to, and maintenance of the Premises at all
times until such time as the title is actually reverted or returned to and accepted
by GRANTOR. Such protection and maintenance shall, at a minimum, conform
to the standards prescribed by the General Services Administration in Federal
Property Management Regulations (FPMR) 101-47.4913 (41 CFR Part 101) now
in effect.
UST OF EXHIBITE The fallowing exhibits are attached hereto and made a part
of this Deed:
EXHIBIT"A' - Description of PROPERTY
EXHISIT'S' - Finding of Suitability to Transfer
EXHIBIT'C" - Addendum for Transfer
EXHIBIT'D' - Hazardous Substance List
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be
executed in its name and on its behalf this the f7k day of
M Rr 2 Gig 12002.
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UNITED STATES OF AMERICA
Acting by and through the Secretary
of the Interior
Through:
Regional Director, Southeast Region
National Park Service
Wallace C. Brittain
Chief
Recreation and Conservation
Division
National Park Service
Southeast Region
WITNESSES:
Gc/1 :, -
STATE OF GEORGIA
COUNTY OF FULTON
On this jj�-13 of Ilk r 2002, before me, the subscriber, personally
appeared Wallace C. Brittain, Chief, Recreation and Conservation Division,
Southeast Region, National Park Service, of the United States Department of the
Interior, a governmental agency of the United States of America, and known to
me to be the same person described In and who executed the foregoing
instrument, as the act and deed of the United States of America, for and on
behalf of the Secretary of the Interior, duly designated, empowered and
authorized so to do by said Secretary and he acknowledges that he executed
the foregoing instrument for and on behalf of the United States of America for
the purposes and uses therein described.
NOTARY PUBLIC
My commission expires:
MY
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The foregoing conveyance is hereby accepted and the undersigned agrees, by
this acceptance, to assume and be bound by all the obligations, conditions,
covenants and agreements therein contained.
City of Key West. Florida
By:
olio A aEI
City Ma ager
STATE OF FLORIDA
COUNTY OF MONROEOtt
On this M day of_ W _. ., 2002, before me, the undersigned
officer, personally appeared Julio Avail, to me known and known to me to be the
same person whose name is subscribed to the foregoing acceptance, who being
by me duly sworn, did depose and say that he Is the Clty 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 describ
w •
*Wv�ly
NOTARY PUB
M commission expires:
Mario Ca Awcuft
►- :* my OOMymm#oar w Eira�s
eamm�t�hF�i�vrg �orc
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AIRPORT
LEGAL DESCRIPTION: (Easterly Parcel, Hawk Sic):
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: 8egln 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 S.19'03'221E., along the Easterly
Line of said Parcel 41 a distance of 1692.60 feet to the Southeast comer
of Parcel 41; thence N.81V30'52"W., a distance of 974.45 feet to the
Southwest comer of Parcel 41 (Southeast comer of Parcel 42); thence
N.86'3O'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 o distance of 1132.26 feet to the North Une
of Parcel 42; thence N.70'56'386E., a distance of 450.00 feet to the
Northeast corner of said Parcel 42 (Northwest comer of Parcel 41); thence
N.70'56'38"E.. a distance.of 900.00 feet to the Point of Beginning.
Parcel contains 1906780.50 square feet, or 43.77 Acres more, or less.
LESS: (F.A.A. Site)
A parcel of land located on the island of Key West, Monroe County, Florida,
and known as a portion of Tracts 41 and 42, "PLAT OF SURVEY. PART OF LANDS
FORMERLY OWNED BY KEY WEST IMPROVEMENT. INC.", according to the Plat
thereof. as recorded in Plat Book 4. at page 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 Erne of Tract 41, (Northeasterly Une of Tract 42)
for 229.27 feet to a chain link fence and the Point of Beginning; thence
N.7T42'520E., and along the sold chain link fence a distance of 234.35
feet; thence S.O2'37'43-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.70'21'29'W., a distance of 32.35 feet to a chain
link fence; thence N.20'3T44"W., and along the chain link fence a distance
of 22.51 feet; thence N.40'18'01"E, a distance of 105.31 feet, along the chain
link fence; thence N 73 42'52' E and continuing along the chain link fence
for 60.73 feet to the Point of -beginning.
n
Parcel contains 35823.12 square feet or 0.82238 acres, more or less.
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Description: 50' wide Ingress de
g e9^ew eademet9t: $4' rrtdr easement
A fifty (50) foot wide ingress and egress easement located on the Island of
Key West, Monroe County, Florida, and being more porticulary described as
follows: Commence at the Northeast corner of Lot 1, 'CORM. ESTATES",
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 Ges on the �
Southeasterly Right-ref--Way Line of Hagler Avenue and having State Plane
Coordinates (based on florlda East Zone, 1983/1990) of N 8260.26, E H
399309.88; thence S.ArSB'161M., oWj the said Southeasterly fight--of--way q N
line of FkWar Avenue o distance of 326.94 feet to the cent"fne of
Government Road and the Point of Beginning of the Centerline of the said 50 '
foot rude easement (said easement lying 25 feet on each side of the
following metes and bounds description; thence S.2306'58"E.. along the said
centerline of Govemment Rood a distance of 417.01 feet to the end of
Government Road; thence S.80'00'17'E., a distance of 280.53 feet to the
point of curvature of a curve to the left, having: o radius of 400.00 feet, a N
central angle of 20'39'05', a chord bearing of S.70'19'49`E. and a chord
length of 143.39 feet; t#mm along the arc of said curve, an arc length of �A
144.17 feet to the point of tangency of said curve; thence S.80'39'21'E.. a
distance of 56.37 feet to the point .of curvature of a curve to the left.
having: a radius of 1000.00 feet, a central angle of 172859 , a chord
bearing of 5.8722'51`E. and a chord of 303.38 feet; thence along the
arc of said curve, an arc WKM of 304555 feet to the point of tangency of
said curve; thence N.81'53'407-, a distance of 236.54 feet; thence N.84'
05'45"f.., a dr once of 123.40 feet to the point of curvature of a curve to
the left." having: a radius of 2W.00 feet a central angle of WOW. a
dwd bearing of N.78'4T12'E and a chord length of 37.01 feet: thence
along the are of said curve, on are kngth of 37.07 feet to the paint of
tangency of void carve; thence N.7S28'380E.. a distance of 124.00 feet to
the point of curvature of a curve to the right, having: a.radius of 500.00
feet, a central angle of 1 T32'43 , a chord beoA of N.87'15'0D'E. oW a
chord length of 1 2.51 feet thence' abng the are of sold curare, an arc
length of 153.11 feet to the pofot of tangency of said curve; thence S.88'
58'38'E., a distance of 203.98 feet; thence N.89033'E. a distance of
223.67 feet; thence N.89'2323'E:, a distance of 1774.37 feet to the point of
curvature of a curve to the (eft, haft. a radius of MOD feet. a central
angle of 108'27'S0'. a chord bearing of N.3S09'28"E and a chord length of
97.37 feet thence ak" the are of said curve, an are length of 115.58 feet
to the point of of sold curve; thence N.t r04"27wW.. .0 distance of
515.55 feet to � of curvature of a verve to the right. ha*q: a
radlus of 115.00 feet a oentral angle of 4709'33`. a chord bearing of N.05'
30*19'E. and a chord length of 95.67 feet; thence along the are of said
curve. an are length of 98.57 fad to the point of tangency of sold curve;
thence N.30'05'05T., a distance of 1413.54 feet to the point of curvature of
a curve to the right, having: a rodlus of 200:00 feet, a central angle of 36'
12'190. a chord bearing of N.4<t"11'15'E. and o chord length of 124.29 feet;
thence along the arc of said curve, on are length of 126.38 feet to a chain
link fence and the end of the centerline of a 50 foot wide ingreess and
Ogre" easement and whome coordinates are N 83049.47 and E 402796.81;
thence a" a baseline of a 35 foot wide Easement tieing 10 feet Northerly
of and 25 feet Southerly of and ponMel with the said baseline for the
following three (3) metes and bounds; (1) thence N AMID' E for 32.13
feet; (2)thence N 8S45'34' E for 233.18 feet; thence (3) S 81'2YW E for
71.03 feet to the end of the said 35 foot wide saaemont and whose
coordinates are N 83074.85 and E 403128.93.
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Doc.##2510044 Page Number:44 of 77
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F I L E #1 2 3 1 2 8 7 EX nB ,«�»
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FINDING OF SUITABIZITY TO TRANSFER
HAWK MLSSME SITE(KW.65)
KEY WESTzFLORIDA
1.0 Purna$e
This Finding of Suitability to Transfer(POST)documem my determination,as the responsible
Department of Defi mse(DoD)component official,that the real property and ameiated
improvemmAs known as Hawk b ssile Site KW-65(Subject Property),Naval Air Station Key
West,Florida,are environmentally suitable for deed tramsfer to the City of Key West Navy
Properties Local Redevelopment Authority(NPLRA)for use m accordance with the NPLRA's
Redevelopment Plan and the Public Benefit Conveyance for conservation and recreational use
approved by the Department of the lntarior(DOI). This decision is based on my review of
information eon in the attached Addendum to the Environmental Baseline Survey(EBS),
and the Reuse Play developed by,the NPLRA. Factors leading to this decision and other
pertinent information related to property transfer requirercentws are stated below.
2.0 Property Dewdytion
The Subject Property comprises th 43 acres of land airquired by the United States in I964 for
the establishment of an Army Shore Defimse Unit,Hawk Kwile Command as further
descn*bed in the attached EBS.
3.0 Past and Proposed Reuse
The hand was undeveloped with an extensive system of salt ponds at the tires of acquisition,
The Army filled some of the ponds to allow construction of the mobile launch equipment pads
and hams. The property was trans&med to the Navy in the early I980s. 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 down"location. Proposed use would inclade medical
checkups,meals,and clothing dispersexneut. Ultimately,the group setup residence intents
and occupied the property full'time. The Navy nullified the license is I995. At no time during
the docum aced Government ownership oftho Subject Property has it been used as an
industrial site. The Subject Property is currently vacant. Proposed land use is for conservation
and recreation.
4.0 Eny_lronmentalfindings
All avaeflable information concerning the past storage,release or disposal of any hazardous
substances and/or petroleum products on the Subject Property as collected through record
searches,available aerial photographs,personnel interviews and on-site visual inspections
conducted is contained in the attached EBS. The Subject Property has been inspected annually
since 1994. The following paragraphs summarize those findings and corresponding DoD
condition of property classifications assigned to the Subject Property.
A. Hazardous Substances Contnminstion
An Addendum for Transfer(AFT)has been prepared documenting additional o
information acquired sure development of the EBS. A Site Inspection,conducted in
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FINDING OF SUITABILITY TO TRANSFER
HAWK MISSILE SITE(KW-65)
KEY WEST FLORIDA
1998 determined there had been hazardous substances releases resulting in levels above
residential action levels in the following kxabions:
Nubzone 1 Qjk=Areal;DRmazo(a h)antbracene was detected at 122.3 µg ft in
excess of its 100 ug/kg action level in one soil sample. Arsenio 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
conchnaon was that no further action was necessary for subzone 1. (TINus, 1998)
Suibzone 9(Qonds-Sedimer*Several irwrgamics were detected in excess ofdmk FDEP
action levels at various locations. Lead was presrstt above its action Level of 34.19
mg/kg in all locations. Two semi volatile organic compounds(SVOCs)were detected
in access oftheir action levels at SD-05. One pesticide,4,4'-DDE, was found in excess
of its action level at SD-05 and SD-08. No VOCs were detected. The investigation
included a calculation of noncarcinogenle rides for alumir=6 barium,rapper,
vanadium,and zinc. The calculations indicated none of these organics presented
significant Inman health risks. Ecological risks were also calculated. AD chemicals
detected in excess of their action Levels exceeded ecological guidelines. Most;however,
only slightly exceeded their tbreshold effects level('IM)or were iafiraquentlp detected.
(TTNus, 1998) bead found in sample SD-05 was the only inorganic that was
considered to pose potential cxological risks. Four other clamicaLs'found in sample SD-
05 were foumd to exceed the most conservative ecological guidelines(cadmium,bis(2-
ethyLbexyljPintbalate,4,4-DDE and butyl benzyl pbtbalate). It was decided that an
interim removal action(IRA)should be conducted at subzone 9. A drawing showing
the location of the sub-zones is attached to the Addendum for Transfer as Attachment I_
The IRA resulted in the removal of soil and sediment from two locations as shown in
Attaches 2 to the Addendum for Tmnnsfer. The excavation at SD-08 was fed with
clean All to return the area to grade. A proposal ofno further remedial action required
was entered In the Decision Document for Ten Base Realignment and Closure(BRAG)
Sites,Naval,Air Station Key West,Florida(DD). Public comments were received on
this proposal and incorporated into the DD.
B. petroleum Contamination
One 2,000-gallon aboveground storage tank(AST)was removed from the Subject
Property in 1996. Sampling conducted during the site closure indicated the prmace of
diesel fuel in the soil. Soil was excavated and disposed of during the interim removal
action conducted in 1999.
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FINAI NG OF SUITABILITY TO TRANSFER
HAWK MISSILE SITE(KW-65)
KEY WEST,FLORIDA
C. Other Eaviroamental Aspects
1. Asbestos-Containing Material(ACM)
Non friable asbestos-containing material(ACM)was observed only m the main
A . building in the form of vinyl floor tiles aW transits panting during the
1994 site visit. During the licensed use in 1995-1996 by the Disabled Vietnam
Veterans,the budding was gutted and rebuilt This building was tram-ed to the FAA
in 1999. The remaining buildings,which are included in this transfer,did not contain
ACM.
2. Lead-Based Paint(LBP)
During an annual site visit in 19K the inspwtion team noted cans madwd"lead-paint"
were stored in an adjacent bunker by the veterans group. Therefore,it is presumed that
the veterans group did apply lead-based paint to the exteriors and posstibly the interior of
the buildings. These structures are not c:oasideivd.target housing. A Lead Based paint
Hazard Notice is provided as Attachment 1 to this FOST.
3.0 Polychlorbated Biphanyls(PCBs)
Three pad-mounted transformers were located inside a fenced=1osnre on the Subject
Property. At some point in time after the Army vacated the property,the cores were
stripped by trespassers and dielectric fluid was released. Initial sampling of the area
indicated very low levels ofPCB concentrations were present in the soil. Subsequent
sampling by NAS Key Nest slid not Indicate any PCB contamination. Three soil
samples wore taken outside the enclosure and one inside during the 1999 Sl.
Aluminump barium cadnaum,cbron31uot,coPPOr,iron,lead,:manganese,nickel,
thalIhmn,tin,vanadbxma and zinc wem detects at concentrations below their action
kvet. One PCB(mochlor--1260)and one SVOC(bis(2-ethylhwWQphtliaWe)were
detected below their action levels. No further remedial action was necessary
4.0 Radon
No radon survey was conducted at the Subject Property. Due to the remb from radon
sampling conducted at Sigsbee Parr there is no expectation that radon is present at the
Subject Property in quantities that exceed the EPA action level of 4 pwoCunes per liter.
5.0 Requirements Applicable fa Transfer
A. National Environmental Policy Act(NEPA)
An Environmental Assessment was prepared in accordance with the National
Environmental Policy Act requirements to assess the potential environmental impacts
associated with the proposed transfer and reuse of the excess property. The Finding of
No Sip ficant Impact was signed in February 2000.
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FMING OF SUITABILITY TO TRANSFER
HAWK missnx SITE(KW-65)
KEY WEST,FLORIDA
B. Hazard Substance Notice
In accordance with Section 120(h)(3XAx)of the Comprehensive Environmental
Response,Compe tiOn I and Liabffity Act(CERCLA),the deed transferring the
Subject Property must provide notice as to those hazardous substances which it is
known,based upon a complete search of agency HIM were stored for one year or more,
retcased,or disposed of on the Subject Property and all response actions taken to date.
A list of hazardous substances detected on the Subject Property and the appropriate
response taken is attached to this POST as Exinbit 1.
C. CERCLA Covenants
In accordance with CERCLA Section 120(h)(3XA)h)(I),the deed transferring the
Subject Property shall contain a covenant warranting that all remedial action necessary
to protect human health and the environment with respect to eery hazardous substance
rump-..--on the property has been taken before the date of transfer.
In accordance with CERCLA Section 120(h)(3)(A)CH)R,the deed Ong the
Subjed Property shah contain a covenant wartaitmg that any additional remedial action
{ hound to be necessary after the date oftransfer shall be conducted by the United States.
D. CERCLA Access Claaw •
In accordance with CERCLA 120(h)(3)(A)(iii),the deed txand=ing the Subject
Property shall contain a clause granting the United States access to the property in any
case in which a response actin or corrective action is found to be necessary after such
date at such property,or such access is necessary to carry out a response action or
corrective action on adjoining property.
The right to eater to be set forth shall include the right to conducts tests,investigations,
five-Year reviews.surveys,and,where necessary,drying,best pW mg,boring,and other
similar activities. Such right shall also include the right to construct,operate,maintain,
or undertake any other response action or corrective action as required or necessary,
maluding but not limited to,monitoring wells,pumping wells,and treatment facilities.
These access rights we In addition to those granted to Waal,state,and local
authorities under appropriate and applicable environmental rega]ations.
E. Land and/or Groundwater Restrictions
There are no groundwater or land restrictions associated with the transfer or reuse of
the Subject Property. The Subject Property contains several salt ponds and any
development of the property will require compliance with applicable federal,state,and
local wetlands and environmental laws and regulations.
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FINDING OF SUITABILITY TO TRANSFER
HAWK AUSSILE SITE(KW4S)
KLY WEST,,FLORIDA..
F. Indemniflcation
The federal governmmA shaft hold barmless,defend,and indemnify the NPLRA and any
future successor,assignee,transferee,lender,or lessee ofthe Subject Property from any
suit,demand,cost or liability adsing out of any claim for personal injury or property
damage that may result from,or be predicated upon,the release or threatened release of
any hazardous substance,pollutant, contaminant,petroleum product,or petroleum
derivative resulting from Departmart of Defense activities on the property subject to the
conditions specified in and to the extent aufhnrizcd by Section 330 of Public Law 102.
484,as amended by Section 1002 o£PubHuo Law 103-160.
G. Environments)Compliance Agreements/Penznits/Orders
The Navy acquired a wetlands permit to remove the contaminated sediment from the
Pond. This permit ne Wm in effect. The State ofFlorMa must be notified of the
transfer within tbhV days of execution ofthe transfer/corrveyance documents.
H. Notification to Regalatory AgendestPublic
Ea accordance with DoD guidance,the U.S.EPA and FDEP have been advised of the
proposed traasfrz of the Subject Property and draft copies of the ERS and FOST have
been provided to those agencies for review. The EBS,and Drag FObST were also made
available for public review during a Mim-day pubfic comment period. All regulatory
agency and public casts reocived were oonsidercd and incorporated as deemed
appropriate. Any unresolved cow and the Navy's responses thereto are included
as Attachment 2 to the FOST. Copies of all tra.nsft documentation provided to the
NPLRA will be made available to the U.S.EPA and FDEP representatives upon request
after execution of tbo same.
6.0 Suitability Determination
NOW THEREFORE,based upon my review of the information contained in the attached
EBS as well as the NPLR W s Reuse Plan,I have determined that ft Subject Property is
presently suitable for transfer to the NPLRIt he intended purpose.
Date T.F. SSON,CDR,CEC,USN
Acting Commander
Southern Division
Naval Facilities Engineering Command
North Charleston,S.C.
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ADDF MUM FOR TRANSFER
HAWK MISSILE STTE(KW-65)
NAVAL AM STATION KEY WEST,nORIDA
The Base Closure and Realignment Act(BRAG)of 1990,ordered the ma]ipment of Naval Air
Sfiabon Key West,Florida. Under the realignment,hawk Missile Site(KW-65)was detenminod
to be wtoess to the Depett ment of Defense(DoD)mission. An EnvkormmD al Baseline Survey
Realigmmeart Parcels(EBS),which included KW-65,was prepared in August 1999. This
Addcndrnn updates the emft== al condition off 43 acres of land amd*woveaments(subject
property)at Hawk Nfrasile Site(KW-65)siape August 1998 and supports the determ*gxtion that
the subject property is suitable for transfiet to the City of Key West under the Public Bent
Conveyance through the Departmeat of hdedor for caonswvation and recreational use. The
subject properly is bordered on the south by the Key West International Airport,on the north by
Fla&Canal,and on the east and west by woodlands and wetlands.
Surface soils at Hawk MWe Site(KW 65)were investigated as part of the Phase I Site
Inspection(SI)under the Navy's BRAC Installation Restoration,Program Sections of the$1
specific to the subject proporty am attached to this Addendum as Atftwhatent 1. A copy oftbe
SI is located in the infoximfion respo*mry at the Key Wed Public Library.
Subpat property was divided into 13 subzomes to be mvees igeted. Based on known information,
subzones 2,3,8, 12,and 13 were eliminated from further consideration. Subzone, I (Drainage
Area),subzone 4(Sewage Lift Station),submone 5(Generator BuAdimg I-1636),subwne 6
(Buant Building I-6530-Former Transfor o, Missile Maarb mmm Bay),and subzone 7(Fommer
Thnsformer Storage Area)were roves igated for soil contmmnnawn. SuWzm 9 and]0
(Ponds)were mvestigated for wdWxmI(eight saarple locations)cad surface water(seven sample
locations)contaar[na#ion,respectively. Mil =permanemi monitoring wells were plaoed in
submse l l (groundwater). Analytical results from the soil,sedlmuer t,surface water,and
groundwater were compared to a residential set of action levels, Note:one of tine three
monitoring wells(MW04)and sabzone 4 ere within the boundaries of the FAA transfer and are
not discussed in this Addendum. The following paragraphs sumnurize the findings oftbe SI.
Subzope 1: Inorganics such as ahmiinum,arsenic,bares,bezyMaca.rbrondum,COPM,iron,
lead,manganese,mercury,niolml,thallium,and vanadium were present is the smface soils but
levels did not exceed U.S.EPA or Florida Enyhw me ntal Protection Department(FDEP)action
levels. Arsenic was detected in one san Vle at its FDEP residca tial goal action level of 2.7
micrograms per kilogram(mg/kg). Of the semivolaffie organic coxapoumds(SVOCs)analyzed,
only one compound,diibenzo(a h)aathracea r,slightly emme ded its FDEP action Level.
DAa mo(a,h)authrace ne is apobvncicar aromatic hydrocarbon(PAH),which is usural(y
associated with creosote or asphalt. The City ofKey West had stored crmsoto•treated uft
poles in this area:in the early 1990s. Volatile organic compounds(VOCs)found analytes of
acetone and methylene chloride:but below action levels.
S ne 5• No analytes detected exceeded U.S. EPA or Florida Environmental Protection
Department(FDEP)action levels. Inorganics such as alwminua 4 barium,chromium,non,lead,
mangamw,nickel,set mum,tlealhumr and vanadium were present in the surface soils, One
SVOC(Bis(2,ethylhexyl)pbthalate)was detected VOCs detected include acetone,methyleme
dWarlde,tetrachlor mthene,and toluene.
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FILE #2291287
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ADDENDUM FOR TRANSFER
HAWK MISSILE SITE(KW-65)
NAVAL AIR STATION KEY WEST,FLORIDA
,L,ubzone 66, Inorganics detected below their respective adbll Levels were alu ft m,berh m,
chromi ,Win,k,manganese,nkkeL ,and vanadium were prevent in the m face
sofa. One SVOC(1,2,4trichlorobenz=c)and two VOCs(acetow and feline)were detected
below their action levels.
�'7.' Inorganics such as alumi nrm,barium,cadmium,chromium,copper,iron,lead,
manganese,nwk4 tin,vanadi m36 end xmo were pme =in the safaioe sods but levels did not
exceed U.S.EPA or Florida Eavaonantal Protection Department(FDEP)action levels.
TbaU ma was deft--, d in one sample above its weaning level. As determined&1 ring the data
quality objective process,the frequency of debeotion of thallium,indicated a systematic
equipment error from the lab and,therefore,the detections would not be used to drive a
respom action. No VOCs were detected above thorn action Ievels. One polychlorinated '
biphenyl(PCBxarochlor-1260)and one SVOC(bm(2-ethyRwW4phtlmlate)wine detected but
below action level.
Based on the lion generated by the SI and the projected reuse ofthe property for
conservation and recreation,the FDEP,EPA,and Navy reviewed the data,and determined that
no f nether remedial action was needed for subzom 1,5,b, and 7 sons.
tlbbmne Figure 2-7 of Attachment 1 to this Addendum shows the locations ofanalytes that
exceeded action levels. Eight sediment samples were taken of sediments in-ponds and one
stormwater collection area. Ahmmaum and vanadium were detected in excess of their action
levels at two locations. Barham and zinc found in sample SD04 exceeded their action levels.
Copper exceeded its action level only in sample SDOL Lead was detected above its action Level
of 34.18 mg/kg in all sampling locations. Chromium,iron,manganese,and nickel were detected
but not above their actions levels. Sampling location SDO5 results indicated that lead,bis(2-
ethylhezyl)phthalate,butyl benzyl pbflWatc and 4,4'-DDE,a pesticide,were present above their
aeon levels. 4,4LDDE was also detected above its action Ievels Iu sample SDOS. The SI
estimated Immromogenic risks for each chemical detected in excess of its action levels. Tire
estimates indicated that no of the exceedances of ahumaemm,barhrm,copper,vanadium,or
zim presented significant human health risks. The cbemicals which exceeded their action levels
in sediment did wwA d ecological guidelines,birt most ofthese were only slightly above their
threshold exposure level,or were infrequently detected. Tread fbcmd at SDO5 was the only
exeeedance to present a potential ecologi,oal risk. The location of SDO5 contained more
chemical analytes that exceeded the most conservative ecological guidelines than any other
sample location. Based on the findings of the SI,the FDEP,EPA,and Navy decided to perform
an inter m removal action(IRA)in subzone 9. A Supplemental Site Inspection performed for
the sites requiring further action is located in the information repository. The planned IRA at
SDO5 required the acquisition of a wetlands permit from:FDEP and the Army Corps of
Engineers. This permit is in effect and will be binsfecred to the City of Key West upon transfer
of the subject property. The IRA performed at subzone 9,SDO5,removed I foot of sediment
from the pond and two feet of soil from around SDO8 as shown below.
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A.DDE"UM FOR TRANSFER
HAWK MISSME SITE(KW-65)
NAVAL AIR STATION KEY WESL FLORWA
V gw A611A�a'llOn
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After rmmving 93 cubic yards of soil and sediment,the excavations were res&Wled to confunx
that the chemicals of concern wave removed. The eoniirnu*ny sampling indicated that the
concentrations of ahtmiman,lead,and vanaditnn were reduced below their action levels, The
pesticide,4,. -DDE was not detected at either location after the softBdinent r=ovaL Clean
fill was placed in the excavation,at SDOS and dz area was retuned to grade. Based on the
confirnQatory sampling it was decided that the IRA had remediated the she adequa*and no
Rather rl action was necessary.
The Navy also removed a small amount of petrokwarcontamuated sod from around monitoring
well MW-03 during the IRA. A 2,000 gallon diesel fuel tank inside a concrete secondary
contain structure had been located wear the welL The petroleum contamination was
probably from tank MUng operations. Conf3n natory 9=pft indicated that all of the petroleum
contaminated soil had been removed.
Subzone 10: Samples taken from the surface waters at K W 65 indicated that iron was the only
substance found exceeding its action levels m one location(S W04). Lead and ion were detected
but below their screening levels. No SVOCs were detected in the surface waters. Iron did not
present a sipfficant uonoarcinogenic human health risk. Iron was the only cheadcall that
exceeded ecological guidelines. However,it did not exceed ecological guidelines for soil It
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ADDENDUM FOR TRANSFER
HAWK MISSELE SITE(KW-65)
NAVAL AIR STATION KEY WEST FLORIDA
appears the iron is not collecting in the sed lne t and no otbcr chemical exceeded the ecological
guidelines,. The conclusion for snbmone 10 is that no further action is necessary.
51btgne 1.1: Two groundwater wells(MTV-M and MW W were installed in the portion of KW
65 addressed by this Addeandum. Barium,iron,lead,and zinc were detected in the groundwater
samples taken from the two weft but neither chemical exceeded its screening values. A single
VOC,viaiyl chloride,was detected in excess of its screening value at MW-05 but no where else.
Other VOCs(1,1-dichloroethane and 1,1-41chloroethene)were detected but below their screening
values. No SVOCs were detected. Groundwater conions ofthe analythes drat exceeded
their screening values were compared to surface water screening values as ecological receptors
are not directly exposed to groundwater and no groundwater thresholds have been developed for
ecological concerns. Under this more conservative scenario,arsenic was detected in four of nine
groundwater smwks. The highest conoentratba wes located at the FAA site. The highest
cwnceatration for the KW-65 parcel was 7.51 µg/L which is below the FDEP marine since
water action level of 50 ag/L. Vwayl chloride,detected at 8.6 µg/iy has no EPA Region 4 or
FDEP ecological screemag level but the detected concentration Is well below the EPA Region 3
screening level of 224,000 µglL. Also,vinyl chloride was not detected is arty surface water or
sediment sample. Therefore,the recommended action for groundwater at KW 65 is no further
action.
The Navy prepared.the Decision Document for Tea Base Realigmment and Closure(BRAG)Sites,
Naval Air Slatmn Key West,Florida(DD), to,document the decisions concerrwgg actions taken
at and fi=her action proposed for the BRAC sites. The DD included KW-65. This document
was presented to the public.FDEP,and EPA for review and comment in September 1999.
Comments were received and incorporated into the document. The remedy selections noted in
the Decision Docanren#will be implemented,as necessary,through the Findings of Suability,
Land Use Controls,and dead restrictions.
As noted in the EBS,lead-based paint(iBP)may be present on any of the pointed structures
retraining at KW-65. The structures are not"target housing"as defined by 24 CFR 35 and 40
CPR 745 and are not proposed for reuse as target housing..
Based on the findings of the EBSL and the 1997 SI,the subject property may be classified is
aaeordaace witli joint DoD/U.S.EPA gaklanoe as 4/Dark Green(areas where a release of a
hazardous m*stancc:has occurred,and all remedial actions necessary to protect human health and
the environment have been taken.)
'- -20uo :'(L'
Dafie KAREN SNODGRAS99
Environmental Protection Specialist
Page 4 of 4
Doc.#2510044 Page Number: 53 of 77
r
FILE # 1 2 9 1 2 8 7
BK#1 7 7 2 P G#1 2 3 4 EXMIT"Y
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HORRUB COUNTY
ay M OFFICIAL RECORDS
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)oc.#2510044 Page Number: 54 of 77
Ke Wont t rmwateIr np�lalnc*ar a C
ah of Key West,Mar h 18,20, 7
' ro losed Hawk fissile Site Clonservation Easa
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Legend d 01 1B Sg Feet
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Proposed ConservationEasement:
i
Source: NOAA Aerial
Figure for Visutalization Purposes online. See GPS points for locational boundary. Adapted by Chris Boland of SWC
Doc.#2510044 Page Number: 55 of 77
&WAM,rT."gym-my we" Key West Stormwater Compliance
City of Key West,March 14,2007
ti
GPS Points for Hawk Missile Conservation Easement
(Decimal Degrees)
-------------- ------------------------ - ------------
I
------- ----- --
int# Latitude Lon it
-Point- # Latilude Longitude
_j---------------
-1 24.5603-6763150 71-776-01-7404110 30 24.55930314970 -81,76154833700
2 -24-5603434031 0 -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 -81.7624398W0
5 24.55960133920 -81.76002047730 34 24.55887726510 -81.76170383990
6 24.55976964230 -81.76010126020 35 24.55877942510 -:8-1.76142248800
7 24.56004964440 -81.76033560610 36 24,55906691150 -81.76217921290
8 24.56012805460 -81.76015826190 ---37 24,55876462840 -81.78163231800
9 24.55991646840 -81.76052259060 -U i7 4 5897198140 -81.76132219940
10 24.55972334450 -81.76054136780 39 24.55867844970 -81.76133458290
11 24.55981560150 -81.76033087080 40 24.55865144690 -81.76112679860
12 24.55971799660 -81.78069754800 41 24.55866349600 -81.76044974300
13 .55 7179 60 -81.76069754800 42 24.55875939110 -81.76047305640
14 24.55964807300 -81.76076003810 43 24.55893983960 -81.76054974700
15 24.559 884 70 -81.76074963750 44 24.55920096890 -81.75956115350
16 124.55948543420 -81.76006304910 45 24.55912794860 -81.75949229270
17 4.55 71 00 -81.76006977570 46 24,55962770340 -81,76241172240
1-9- 124.55918105770 -81.76051420780 47 24.55986592950 -81.76240896220
19 24.55M969630 -81.76092895540 48 124.55978083140 -81.76252187160
20 24,55954550120 -81.76098827600 49 24.55968087530 -8116253386970
21 24.55961968960 -81.76125297100 50 24Z5949193650 -81.76266715510
22 24.55917109450 -8116120543480 51 24.55950312240 -81.76273443690
23 24.55 197 660 -8116125642660 62 24.5594761 00 7-81.76275527800
24 2 ,5595 052750 -81.76131643690 53 24,559453303 0 :$1-.76270893020
25 24.55962901260 -81.76164322730 5 24.55932638980 -81.76273336770
26 -24.55962631830 -81.76104938180 55 24.559264492301-81.76281701070
27 24,559511251650 -81.76178788810 56 24.559072 583001-a1.76277804170
28 24.55W277450 -81.76167422570 57 24,559197921501-61.76261033760
29 24.55936318640 -81,76162419870
EXHIBIT II
Doc.#2510044 Page Number:56 of 77
EXHIBIT C
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Doc. 2510044 Page Number: 57 of 77
MONRoE COUNTY FILE # 1. 2 S 1 2 g 7 s Exhibit
OFFICIAL RECORDS 7 7 2 PG11 2 1 4
RCD Ape 01 2OR2 02 , 46P14
Py7� DAr1�]Y L KOLHAGE, CLERK�Tt+�../dll� Ed
The UNITED STATES OF AMERICA, acting by and through the Secretary of the
Interior, acting by and through the Regional Director, Southeast Region,
National Park Service, (hereinafter designated "GRANTOR") under and
pursuant to the power and authority contained in the provisions of the Federal
Property and Administrative Services Act of 1949 (63 Stat. 377), as amended,
and particularly as amended by Public Law 485, 91 st Congress, and regulations
and orders promulgated thereunder, and a delegation of that authority to the
Secretary of Defense (SECDEF) in accordance with the Defense Base Closure
and Realignment Act of 1990, Public Law 101.510, 10 U.S.C. 2687 note, as
amended, and a subsequent delegation of the authority by SECDEF to the
Secretary of the Navy, for and in consideration of the perpetual use of the
hereinafter described premises for public park and public recreation area
purposes by the City of Key West, Florida, (hereinafter designated "GRANTEE"),
does hereby release and quitclaim to GRANTEE, and to its successors and
assigns, subject to the reservations, exceptions, restrictions, conditions and
covenants hereinafter expressed and set forth, all GRANTOR'S right, title and
interest in and to the following described property, consisting of 43.77 acres in
fee, known as the Hawk Missile Site, at the former Naval Air Station, Key West,
Monroe County, Florida, and being more particularly described in EXHIBIT "A",
attached hereto and incorporated herein by reference.
THIS CONVEYANCE is made subject to any and all existing rights-of-way,
easements, covenants and agreements affecting the above-described premises,
whether or not the same now appear of record.
TO HAVE and to Hold the hereinbefore described property, subject to the
reservations, exceptions, restrictions, conditions and covenants herein
expressed and set forth unto the GRANTEE, its successors and assigns,
forever;
The GRANTEE acknowledges that it has inspected, is aware of, and accepts the
condition and state of repair of the PROPERTY, that the PROPERTY is
conveyed "as is" and "where is" without any representation, promise, agreement,
or warranty on the part of the GRANTOR regarding such condition and state of
repair, or regarding the making of any alterations, improvements, repair or
additions, or as to its usability generally or as to its fitness for any particular
purpose, and that the GRANTOR shall not be liable for any latent or patent
defect in the PROPERTY, except to the extent required by applicable law and
except for the covenant, representation and indemnities of GRANTOR contained
herein.
A
Doc.#2510044 Page Number:58 of 77
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PURSUANT to authority contained in the Federal Property and Administrative
Services Act of 1949, as amended, and applicable rules, regulations and orders
promulgated thereunder, and a delegation of that authority to the Secretary of
Defense (SECDEF) in accordance with the Defense Base Closure and
Realignment Act of 1990, Public Law 101-510, 10 U.S.C. 26B7 note, as
amended, and a subsequent delegation of the authority by SECDEF to the
Secretary of the Navy, the Department of the Navy determined the subject
property to be surplus to the needs of the United States of America and
assigned the property to the Department of the Interior for further conveyance to
the City of Key West, Florida.
IT IS AGREED and understood by and between the GRANTOR and GRANTEE,
and the GRANTEE, by its acceptance of this deed, does acknowledge its
understanding of the agreement, and does covenant and agree to itself, and its
successors and assigns, forever, as follows:
1. This property shall be used and maintained for the public park and recreation
purposes for which it was conveyed in perpetuity as set forth in the program of
utilization and plan contained in the application, submitted by the GRANTEE in
April 1999, which program and plan may be amended from time to time at the
request of either the GRANTOR or GRANTEE, with the written concurrence of
the other party, and such amendments shall be added to and become a part of
the original application.
2. The GRANTEE shall, within 6 months of the date of the deed of conveyance,
erect and maintain a permanent sign or marker near the point of principal access
to the conveyed area which says:
This park land was acquired through the FEDERAL. LANDS TO
PARKS PROGRAM of the United States Department of the
Interior, National Park Service, for use by the general public.
3. This property shall not be sold, leased, assigned, or otherwise disposed of
except to another eligible governmental agency that the Secretary of the Interior
agrees in writing can assure the continued use and maintenance of the property
for public park or public recreational purposes subject to the same terms and
conditions in the original instrument of conveyance. However, nothing in this
provision shall preclude the GRANTEE from providing related recreational
facilities and services compatible with the approved application, through
concession agreements entered into with third parties, provided prior
concurrence to such agreements is obtained in writing from the Secretary of the
Interior.
4. From the date of this conveyance, the GRANTEE, its successors and
assigns, shall submit biennial reports to the Secretary of the Interior, setting forth
2
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the use made of the property during the preceding 2-year period, and other
pertinent data establishing its continuous use for the purposes set forth above,
for ten consecutive reports and as further determined by the Secretary of the
Interior.
5. Funds generated on this property may not be expanded for non-recreation
purposes, Until this property has been fully developed in accordance with the
Program of Utilization, all revenues generated on this property must be used for
the development, operation and maintenance of this property. After this property
has been fully developed in accordance with the Program of Utilization, revenue
generated on this property may be expended on other recreation properties
operated by the GRANTEE.
6. As part of the consideration for the Deed, the GRANTEE covenants and
agrees for itself, its successors and assigns, that (1) the program for or in
connection with which this Deed is made will be conducted in compliance with,
and the GRANTEE, Its successors and assigns, will comply with all requirements
Imposed by or pursuant to the regulations of the Department of the Interior in
effect on the date of this Deed (43 C.F.R. Part 17) issued under the provisions of
Title VI of the Civil Rights Act of 1964; (2) this covenant shall be subject in all
respects to the provisions of said regulations; (3) the GRANTEE, its successors
and assigns, will promptly take and continue to take such action as may be
necessary to effectuate this covenant; (4) the United States shall have the right
to seek judicial enforcement of this covenant, and (5) the GRANTEE, its
successors and assigns, will (a) obtain from each other person (any legal entity)
who, through contractual or other arrangements with the GRANTEE, its
successors and assigns, is authorized to provide services or benefits under said
program, a written agreement pursuant to which such other person shall, with
respect to the services or benefits which he is authorized to provide, undertake
for himself the same obligations as those imposed upon the GRANTEE, its
successors and assigns, by this covenant, and (b) furnish a copy of such
agreement to the Secretary of the Interior, or his successor; and that this
covenant shall run with the land hereby conveyed, and shall in any event,
without regard to technical classification or designation, legal or otherwise, be
binding to the fullest extent permitted by law and equity for the benefit of, and in
favor of the GRANTOR and enforceable by the GRANTOR against the
GRANTEE, its successors and assigns.
7. The GRANTEE agrees to comply with the requirements of Public Law 90-480
(82 Stat. 718) , the Architectural Barriers Act of 1968, as amended by Public Law
91-205 of 1970 (84 Stat. 49), to assure that development of facilities on
conveyed surplus properties for public park and recreation purposes are
accessible to the physically handicapped; and, further assure in accordance with
Public Law 93-112, the Rehabilitation Act of 1973 (87 Stat. 394), that no
otherwise qualified handicapped individual shall solely by reasons of his
3
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9991, 7 7 2 FG# 1 2 a. 7
handicap be excluded from the participation in, be denied benefits of, or be
subjected to discrimination under any program or activity receiving Federal
financial assistance.
8. The GRANTEE further covenants and agrees to comply with the National
Environmental Policy Act of 1969, as amended, the 1977 Amendments to the
Federal Water Pollution Control Act (Clean Water Act of 1977), and Executive
Order 11990 (May 24, 1977), for Protection of Wetlands and Executive Order
11988 (May 24, 1977) for 1'loodplain 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 Promises,
or any part thereof, that any construction or alteration is prohibited unless a
determination of no hazard to air navigation is issued by the Federal Aviation
Administration in accordance with Title 14, Code of Federal Regulations (CFR),
Part 77, entitled "Objects Affecting Navigable Airspace," or under the authority of
the Federal Aviation Act of 1958, as amended.
10. A document entitled "A Finding of Suitability to Transfer" (FOST) and a
•second document entitled "Addendum for Transfer" are attached as EXHIBIT"S"
and EXHIBIT "C", respectively, to this Deed; an Environmental Baseline Survey
(EBS) report is referenced in the FOST, the FOST, the Addendum and EBS
reference environmental conditions on the Property. Such notice of
environmental conditions included in those documents are incorporated herein
by reference. The FOST and Addendum sets forth the basis for the
GRANTOR'S determination that the Property is suitable for transfer. The
GRANTEE is hereby made aware of the notification contained in the EBS, the
FOST and the Addendum.
11. Lead-Based-Paint ("LBP").
a. A 1996 inspection team identified cans marked °lead-paint"
stored in an adjacent bunker used by the veteran's group which
occupied the property for a period of time. Therefore, it is
presumed that lead-based paint was applied to the exteriors and
interiors of the buildings. However, the subject structures are not
considered target housing. The GRANTEE hereby acknowledges
receipt of a Lead-Based Paint Hazard Disclosure and
Acknowledgement Form for Non-Residential Structures.
b. The GRANTEE covenants and agrees that in its Use and
occupancy of the Property, it will comply with all applicable
4
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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 purchase, transportation, removal, handling, use, disposition,
or other activity causing or leading to contact of any kind
whatsoever with LBP on the Property, whether the GRANTEE has
properly warned, or failed to properly warn, the persons injured.
12. NOTICE OF HAZARDOUS SUBSTANCE OR PETROLEUM PRODUCT
STORED FOR ONE YEAR OR MORE, KNOWN TO HAVE BEEN RELEASED
OR DISPOSED OF.
a. In accordance with Section 120(h)(3)(A)(i) of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980
(CERCLA), as amended, (42 U.S.C. 9620(h)(3)(A)(1), GRANTOR
advises GRANTEE that EXHIBIT "D" summarizes pertinent
information from the EBST prepared to assess the overall
environmental conditions of the PROPERTY which provides all
available information based upon a complete search of agency
files by GRANTOR of those hazardous substances known to have
been stored for one year or more, released or disposed of on the
PROPERTY, to include if known, the type and quantity of such
hazardous substances, the date such storage, release or disposal
took place and a description of all remedial action(s) taken.
b. One 2,000-gallon aboveground storage tank (AST)was removed
from the Subject Property in 1996. Sampling conducted during the
site indicated the presence of diesel fuel in the soil. Soil was
excavated and disposed of during the interim removal action
conducted in 1999.
13. Pursuant to Section 120(h)(3) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended, (CERCLA), 42
U.S.C. § 9620(h)(3), GRANTOR covenants and warrants that all remedial action
necessary to protect human health and the environment with respect to any
known hazardous substance or petroleum product remaining on the Property
has been taken before the date of this deed, and any additional remedial action
found to be necessary after the date of this Deed shall be conducted by
GRANTOR; provided, however, that the foregoing covenant shall not apply in
any case in which GRANTEE of any or all of the Property is a potentially
responsible party with respect to the Property.
w
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14. GRANTEE covenants that in accordance with CERCLA Section
120(h)(3)(A)(iii), that the GRANTOR, its officers, agents, employees, contractors
and subcontractors, shall have access to the Property in any case in which
remedial action or corrective action Is found to be necessary after the date
hereof. The right to enter shall include the right to conduct activities related to
environmental investigation, and to carry out remedial or removal actions as
required or necessary under applicable authorities, including, but not limited to
monitoring wells, pumping wells and treatment facilities. The right of access
includes the right of access to, and use of, to the extent permitted by law,
available utilities at reasonable cost to GRANTOR. These access rights are in
addition to those granted to federal, state and local authorities under appropriate
and applicable environmental laws and regulations GRANTEE agrees to
cooperate with activities of the GRANTOR in furtherance of this covenant and
will take no action to interfere with future necessary remedial and investigative
actions of the GRANTOR. The GRANTOR and GRANTEE agree to cooperate
in good faith to minimize any conflict between necessary environmental
investigation and remediation activities and operations of GRANTEE, its
successors and assigns, and of any lessee or any sublessee of the Property.
Any inspection, survey, investigation or other response or remedial action will to
the extent practicable, be coordinated with representatives designated by
GRANTEE or its successors and assigns.
15. GRANTEE covenants and agrees for itself and its successors, assigns,
lessees and/or licensees that it shall provide written notice to the GRANTOR of
any subsequent sale, assignment or lease of the PROPERTY, or any portion
thereof, and provide contact information concerning the new owner or occupant.
16. GRANTEE covenants and agrees for itself and its successor, assigns,
lessees and/or licensees that in the event that GRANTEE conveys any of the
PROPERTY by deed, lease, license or other such interest, GRANTEE shall
impose upon the party to whom such property is transferred the requirements,
duties and obligations contained herein.
17. The Federal government shall hold harmless, defend and indemnify the City
of Key West and any future successor, assignee, transferee, lender, or lessee of
the Subject Property from any suit, demand, cost, or liability arising out of any
claim for personal injury or property damage that may result from, or be
predicated upon, the release or threatened release of any hazardous substance,
pollutant, or contaminant resulting from Department of Defense activities on the
property subject to the conditions specified in, and to the extent authorized, by
Section 330 of Public Law 102484.
18. The GRANTOR, and any representative it may so delegate, shall have the
right of entry upon said premises at any time to conduct inspections of the
s u
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property for the purpose of evaluating the GRANTEE'S compliance with the
terms and conditions of this deed.
19. In the event there is a breach of any of the conditions and covenants herein
contained by the GRANTEE, its successors and assigns, whether caused by the
legal or other inability of the GRANTEE, its successors and assigns, to perform
said conditions and covenants, or otherwise, all right, title and interest in and to
said premises shall revert to and become the property of the GRANTOR at its
option, which in addition to all other remedies for such breach shall have the
right of entry upon said premises, and the GRANTEE, its successors and
assigns, shall forfeit all right, title and interest in said premises and in any and all
of the tenements, hereditaments and appurtenances thereunto belonging;
provided, however, that the failure of the Secretary of the Department of the
Interior to require in any one or more instances complete performance of any of
the conditions or covenants shall not be construed as a waiver or relinquishment
of such future performance, but the obligation of the GRANTEE, its successors
and assigns, with respect to such future performance shall continue in full force
and effect. In the event of a reversion, the GRANTEE agrees to provide an
acceptable level of protection and maintenance of the property until title has
actually reverted.
GRANTEE, by acceptance of this deed, covenants and agrees for itself and its
successors and assigns that in the event GRANTOR exercises its option to
revert all right, title, and interest in and to the Premises to GRANTOR. or
GRANTEE voluntarily returns title to the Premises in lieu of a reverter, then
GRANTEE shall provide protection to, and maintenance of the Premises at all
times until such time as the title is actually reverted or returned to and accepted
by GRANTOR. Such protection and maintenance shall, at a minimum, conform
to the standards prescribed by the General Services Administration in Federal
Property Management Regulations (FPMR) 101-47.4913 (41 CFR Part 101) now
in effect.
LIST OF EXHIBITS; The following exhibits are attached hereto and made a part
of this Deed:
EXHIBIT"A" - Description of PROPERTY
EXHIBIT"B" - Finding of Suitability to Transfer
EXHIBIT"C" - Addendum for Transfer
EXHIBIT"D" Hazardous Substance List
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be
executed in its name and on its behalf this the IV-rVI day of
M fls N , 2002.
7
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UNITED STATES OF AMERICA
Acting by and through the Secretary
of the Interior
Through:
Regional Director; Southeast Region
National Park Service
By: g
Wallace C. Brittain
Chief
Recreation and Conservation
Division
National Park Service
Southeast Region
WITNESSES:
W,
STATE OF GEORGIA
COUNTY OF FULTON
On this iAb of Ar , 2002, before me, the subscriber, personally
appeared Wallace C. Brittain, Chief, Recreation and Conservation Division,
Southeast Region, National Park Service, of the United States Department of the
Interior, a governmental agency of the United States of America, and known to
me to be the same person described in and who executed the foregoing
instrument, as the act and deed of the United States of America, for and on
behalf of the Secretary of the Interior, duly designated, empowered and
authorized so to do by said Secretary and he acknowledges that he executed
the foregoing instrument for and on behalf of the United States of America for
the purposes and uses therein described.
NOTARY PUBLIC
0
My commission expires:
Notary PubNc,Rockot�to Go+jr4ry,�rgla
MY Comml°°fon g.htfy 23,20f
r
99
I
Doc.#2510044 Page Number: 65 of 77
d
[BILE # 1 .2 9 1 2 S 7
6K# 1 7 "72 PG#1.. 22 .2
The foregoing conveyance is hereby accepted and the undersigned agrees, by
this acceptance, to assume and be bound by all the obligations, conditions,
covenants and agreements therein contained.
City of Key West, Florida
By: -AAg
olio A a-'el
City Ma alter
STATE OF FLORIDA
COUNTY OF MONROE 1^
On this day of & ` __ �, 2002, before me, the undersigned
officer, personally appeared Julio Avail, to me known and known to me to be the
same person whose name is subscribed to the foregoing acceptance, who being
by me duly sworn, did depose and say that he is the City Manager of the City of
Key West, Florida, that he is duly designated, empowered and authorized by
Resolution No. 99-169 dated May 20, 1999, to execute the foregoing acceptance
and sign his name thereto; and that he signed his name, thereto and
acknowledges that he executed the foregoing for and on behalf of the City of
Key West, Florida, for the purposes and uses therein describe'A,
A
NOTARY PUB
My commission expires:
°r Maria 0.R®tcllff
ej .g MY COMMISSION#CC82M20 EXPIRES
: ......: March 22,20113
,Jj;,,W,.•rBONDEDYHR U0YFAWW90QAMCE,Ma
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8K# 1. 772 PG# 1223 EXMIT "N'
INTERNATIONAL AIRPORT
LEGAL DESCRIPTION: (Easterly Parcel, Hawk Sie):
A parcel of land located in Sections 33 and 34, Township 67 South, Range 25
East, and Sections 3 and 4, Township 68 South, Range 25 East, on the Island
of Key West, Monroe County, Florida and being more particularly described
as follows: Begin at the Northeast corner of Parcel 41, "PLAT OF SURVEY,
PART OF LANDS FORMERLY OWNED BY THE KEY WEST IMPROVEMENT, INC.", according
to the Plat thereof, as recorded in Plat Book 2, Page 69, of the Public
Records of Monroe County, Florida; thence 5.19'03'22"E., along the Easterly
Line of said Parcel 41 a distance of 1692.60 feet -to the Southeast corner
of Parcel 41; thence N.86'30'52W., a distance of 974.45 feet to the
Southwest corner of Parcel 41 (Southeast comer of Parcel 42); thence
N.86'30'52"W., a distance of 437.22 feet to the West line of the East
one—half of Parcel 42; thence N.19003'22"W„ along the said West line of
the East one—half of Parcel 42 a distance of 1132.26 feet to the North Line
of Parcel 42; thence N.70'56'38"E., a distance of 450.00 feet to the u
Northeast corner of said Parcel 42 (Northwest corner of Parcel 41); thence
N.70'56'38"E., a distance .of 900.00 feet to the Point of Beginning.
Parcel contains 1906750.50 square feet, or 43.77 Acres more, or less.
LESS: (F.A.A., Site)
A parcel of land located on the Island of Key West, Monroe County, Florida,
and known as a portion of Tracts 41 and 42, "PLAT OF SURVEY, PART OF LANDS
FORMERLY OWNED BY KEY WEST IMPROVEMENT, INC.`, according to the Plat
thereof, as recorded in Plat Book 4, at page 69 of the Public Records of
Monroe County, Florida, and being more particularly described as follows:
Commence at the Northwest corner of said Tract 41; thence S 19'03'22" E
along the Southwesterly Line of Tract 41, (Northeasterly Line of Tract 42)
for 229.27 feet to a chain link fence and the Point of Beginning; thence
N.73'42'52"E., and along the said chain link fence a distance of 234.38
feet; thence S.02'37'43W., a distance of 158.45 feet; thence
N.81'23'00"VY., a distance of 71.28 feet; thence S.83'46'34W., a distance
of 236.64 feet; thence S.70'21'29"W., a distance of 32.35 feet to a chain
link fence; thence N.20'37'44"W., and along the chain link fence a distance
of 22.51 feet; thence N.4V18'01"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.
0
u; .
Doc.#2510044 Page Number: 67 of 77
6
�. (14)
Contedine
Description: 50' wide ingress & egress easement: 50' lade easement
A fifty (50) foot wide ingresd and egress easement located on the Island of
Key West, Monroe County, Florida, and being more particulory described as
follows: Commence at the Northeast corner of Lot 1, "CORM_ ESTATES".
according to the plot thereof, as recorded in Plot Book 3, at Page 97 of
the Pubr'rc Records of Monroe County, Florida, said point also lies on the
Southeasterly Right-of-Way Line of Flogler Avenue and having State Plane # r
Coordinates (teased on Florida East Zone, 1983/1990) of N 82648.26, E ~ `°
399309.88. thence S.70"SB'16'W., along the said Southeasterly Right-of-Way
Una of Flagler Avenue o distance of 326.94 feet to the centerline of
Government Road and the Point of Beginning of the Centerline of the said 50 "Q
foot wide easement (said easement lying 25 feet on each side of the
following metes and bounds description; thence S.23'06'58"E., along the sold N
centerline of Government Road a distance of 417.01 feet to the and of
Government Road; thence 3XV00'177E. a distance of 280.58 feet to the N
point of curvature of o curve to the left, having: a radius of 4OD.00 feet, a
central angle of 20'39'05", a chord bearing of S.70'19'490E and a chord
length of 143.39 feet; thence along the are of said curve, an are length of
144.17 feet to the point of tangency of said curve; thence S.W39'21"E., a
distance of 56.37 feet to the point .of curvature of a curve to the left,
having: a radius of 1000.00 feet, a central angle of 1726'59', a chard
bearing of S.89'22'51"E, and a chord length of 303.38 feet; thence along the
arc of said curve, an arc rength of 304.55 feet to the point of tangency of
said curve; thence N.81'53'40'E., a distance of 236.54 feet; thence N.B V
05'450E., a distance of 123.40 feet to the point of curvature of a curve to
the left.' having: a radius of 200.00 feet, a control angle of 10*37'070, a
chord bearing of NJ8'47'12"E. and a chord length of 37.01 feel. thence
along the arc of said curare, an arc length of 37.07 feet to the point of
tangency of said curvo; thence N.73'28'38"E.. a distance of 124.00 feet to
the point of curvature of a curve to the right having: a.rodkis of 500.00
feet, a central angle of 1732"43 a chord bearing of N.8216'ObT. and c
chard length of 152.51 feet; thence along the arc of said curve, an arc
length of 153.11 feet to the port of tangency of said curve; thence S.88'
58'38"E., a distance of 203.96 feet; thence N.89'33'330E., a distance of
223.67 feet; thence N.8723'230E.. a distance of 1774.37 feet to the point of
curvature of a curve to the left, having: a radius of BO.OD feet, a central
angle of 10527'50", a chord bearing of N.35'09`28"E, and a chord length of
97.37 feet; thence along the arc of said curve, an are length of 113.58 feet
to the point of tangency of said curve; thence N.1 VO4'27mW.. a distance of
515.55 feet to the point of curvature of a curie to the right, having: a
radius of 115.00 feet, a ventral angle of 49`09*33", a chord bearing of N.05'
30619"E. and a chord length of 95.67 feet; thence along the arc of said
curve. an arc length of 98.67 feet to the point of tangency of said curve;
thence NWOS'OVE., a distance of 146.54 feet to the point of curvature of
a curve to the tight, having: a radius of 200.00 feet, a central angle of 36'
12'19R, a chord bearing of N.48`11'15`E. and a chord length of 124.29 feet;
thence along the are of said curve, on arc length of 126.38 teat to o chain
link fence and the end of the centerline of a 50 foot wide ingress and
egress easement and whose coordinates are N 83049.47 and E 402796.81;
thence along a baseline of a 35 foot wide Easement being 10 feet Northerly
of and 25 feet Southerly of and parallel Vdh the said baseline for the
following three (3) metes and bounds; (1) thence N 70'21'29' E for 32.13
feet; (2)thence N 63'46 34 E for 233.18 feet; thence (3) S 81*23'00w € for
71.03 feet to the and of the said 35 foot wide easemont end whom
coordinates are N 83074.85 and E 403128.93.
Doc.#2510044 Page Number: 68 of 77
. . ....... .... ........
FILE # 1 2 9 1 2 8 7 E)=IT "B"
-BK# 1 7 7 2 PG# 1 2 2 5
FINDING OF SUITABILITY TO TRANSFER
HAWK MISSILE SITE(KW-65)
KEY WEST, '10RIDA
1.0 Purpose
This Finding of Suitability to Transfer(FOST)documents my determination, as the responsible
Department of Defense(DoD)component official,that the real property and associated
improvements known as Hawk Missile Site KW-65 (Subject Property),Naval Air Station Key
West, Florida, are environmentally suitable for deed transfer to the City of Key West Navy
Properties Local Redevelopment Authority(NPLRA) for use in accordance with the NPLRA's
Redevelopment Plan and the Public Benefit Conveyance for conservation and recreational use
approved by the Department of the Interior(DOI). This decision is based on my review of
information contained in the attached Addendum to the Environmental Baseline Survey(EBS),
and the Reuse Plan developed by the NPLRA. Factors leading to this decision and other
pertinent information related to property transfer requirements are stated below.
2.0 Property Description
The Subject Property comprises±43 acres of land acquired by the United States in 1964 for
the establishment of an Anny Shore Defense Unit,Hawk Missile Command as&rtber
described in the attached EBS.
3.0 Past and Proposed Reuse
The land was undeveloped with an extensive system of salt ponds at the ti of acquisition.
The Anny filled some of the ponds to allow construction of the mobile launch equipment pads
and berms. The property was transferred to the Navy in the early 1980s. The Navy had no
operations on the Subject Property. A Vietnam Veterans group obtained a license from the
Navy in 1994 for use as a"stand down" location. Proposed use would include medical
checkups, meals, and clothing dispersement. Ultfinately,the group set up residence in tents
and occupied the property M,time. The Navy nullified the license in 1995. At no time during
the documented Government ownership of the Subject Property has it been used as an
industrial site. The Subject Property is currently vacant. Proposed land use is for conservation
and recreation.
4.0 Environmental Findings
All available information concerning the past storage,release or disposal of any hazardous
substances and/or petroleum products on the Subject Property as collected through record
searches, available aerial photographs,personnel interviews and on-site visual inspections
conducted is contained in the attached RBS. The Subject Property has been inspected annually
since 1994. The following paragraphs summarize those findings and corresponding DoD
condition of property classifications assigned to the Subject Property:
A. Hazardous Substances Contamination
An Addendum for Transfer(AFT)has been prepared documenting additional
information acquired since development of the EBS. A Site Inspection, conducted in
Pagel of
Doc.#2510044 Page Number:69 of 77
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FLNDING OF SUITABILITY TO TRANSFER
HAWK MISSELE SITE (KW-65)
KEY WEST,FLORIDA
1998 determined there had been hazardous substances releases resulting in levels above
residential action levels in the following locations:
Subzone 1 rains a Area): Dibenzo(a,h)anthracene was detected at 122.3,ug/kg in
excess of its 100 lzg/kg action level in one soil sample. Arsenic was detected at the
FDEP residential action Ievel of 2.7 mg/kg. Telephone poles treated with creosote had
been stored in this area and are considered to be the cause of the release. The
conclusion was that no further action was necessary for subzone 1. (TTNus, 1998)
Subzone 9 (Ponds-Sediment): Several inorganics were detected in excess of their FDEP
action levels at various locations. Lead was preserit above its action level of 34.19
mg/kg in Al locations. Two semi-volatile organic compounds(SVOCs)were detected
in excess of their action levels at SD-05. One pesticide,4,4'-DDE, was found in excess
of its action level at SD-05 and D-08. No'V'OCs were detected. The investigation
included a calculation of noncarcinogenic risks for aluminum, barium,copper,
vanadium,and zinc. The calculations indicated none of these organics presented
significant human health risks. F=logical risks were also calculated. All chemicals
detected in excess of their action levels exceeded ecological guidelines. Most;however,
only slightly exceeded their threshold effects level(TEL) or were infrequently detected.
(TTNus, 1998) Lead found in sample SD-05 was the only inorganic that was
considered to pose potential ecol®gical risks. Four other chemicals-found in sample SD-
05 were found to exceed the most conservative ecological guidelines(cadmium, bis(2-
ethylhexyl)Phthalate,4,4-DDE and butyl benzyl phthalate). It was decided that an
interim removal action(IRA)should be conducted at subzone 9. A drawing showing
the location of the sub-zones is attached to the Addendum for Transfer as Attachment 1.
The IRA resulted in the removal of soil and sediment from two locations as shown in
Attachment 2 to the Addendum for Transfer. The excavation at SD-08 was filled with
clean fill to return the area to grade. A proposal of no further remedial action required
was entered in the Decision Document for Ten Base Realignment and Closure(BRAC)
Sites,Naval Air Station Key West,Florida(DD). Public comments were received on
this proposal and incorporated into the DD.
B. Petroleum Contamination
One 2,000-gallon aboveground storage tank(AST)was removed from the Subject
Property in 1996. Sampling conducted during the site closure indicated the presence of
diesel fuel in the soil. Soil was excavated and disposed of during the interim removal
action conducted in 1999.
u
Page 2 of 5
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FINDING OF SUITABILITY TO TRANSFER
HAWK MISSILE SITE(KW-65)
KEY WEST,FLORIDA
C. Other Environmental Aspects
I. Asbestos-Containing Material(ACM)
Non-friable asbestos-containinp,material(ACK was observed only in the main
administration building in the form of vinyl floor tiles and transite paneling during the
1994 site visit. During the licensed use in 1995-1996 by the Disabled Vietnam
Veterans,the building was gutted and rebuilt. This building was transferred to the FAA
in 1999. The remaining buildings which are included in this transfer, did not contain
ACM.
2. Lead-Based Paint (LBP)
During an annual site visit in 1996, the inspection team noted cans marked"lead paint"
were stored in an adjacent bunker by the veterans group. Therefore, it is presumed that
the veterans group did apply lead-based paint to the exteriors and possibly the interior of
the buildings. These structures are not considered target housing, A Lead-Based Paint
Hazard Notice is provided as Attachment I to this POST.
3.0 Polychlorinated Biphenyls(PCBs)
Three pad-mounted transformers were located inside a fenced enclosure on the Subject
Property. At some point in time after the Army vacated the property,the cores were
stripped by trespassers and dielectric fluid was released. Initial sampling of the area
indicated very low levels of PCB concentrations were present in the soil. Subsequent
sampling by NAS Key West did not indicate any PCB contamination. Three soil
samples were taken outside the enclosure and one inside during the 1998 SI.
Aluminum,barium, cadmium, chromium, copper, iron,lead,manganese,nickel,
thallium,tin,vanadium, and zinc were detected at concentrations below their action
level. One PCB(arochlor-1260) and one SVOC(bis(2-ethy1hexy1)phtbalate)were
detected below their action levels. No further remedial action was necessary
4.0 Radon
No radon survey was conducted at the Subject Property. Due to the results from radon
sampling conducted at Sigsbee Park,there is no expectation that radon is present at the
Subject Property in quantities that exceed the EPA action level of 4 plcoCuries per liter.
5.0 Requirements Applicable to Transfer
A. National Environmental Policy Act(NEPA)
An Environmental Assessment was prepared in accordance with the National
Environmental Policy Act requirements to assess the potential environmental impacts
associated with the proposed transfer and reuse of the excess property. The Finding of
No Significant Impact was signed in February 2000.
Page 3 of 5
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FINDING OF SUITABILITY TO TRANSFER
HAWK MISSILE SI (K -65)
Y WEST, FLORIDA
B. Hazard Substance Notice
In accordance with Section 120(h)(3)(A)(i) of the Comprehensive Environmental
Response, Compensation,and Liability Act (CERCLA),the deed transkrring the
Subject Property must provide notice as to those hazardous substances which it is
known,based upon a complete search of agency files,were stored for one year or more,
released, or disposed of on the Subject Property and all response actions taken to date.
A list of hazardous substances detected on the Subject Property and the appropriate
response taken is attached to this FOST as Exhibit 1.
C. CERCLA Covenants
In accordance with CERCLA Section 120(h)(3)(A)(U)(I),the deed transferring the
Subject Property shall contain a covenant warranting that all remedial action necessary
to protect human health and the environment with respect to any bazardous substance
remaining on the property has been taken before the date of transfer.
In accordance with CERCLA Section 120(h)(3)(A)(ii)(II), the deed transferring the
Subject Property shall contain a covenant warranting that any additional remedial action
found to be necessary after the date of transfer shall be conducted by the United States.
D. CERCLA Access Clause
In accordance with CERCLA 120(h)(3)(A)(iii), the deed transferring the Subject
Property shall contain a clause granting the United States access to the property in any
case in which a response action or corrective action is found to be necessary after such
date at such property,or such access is necessary to carry out a response action or
corrective action on adjoining property.
The right to enter to be set forth shall include the right to conducts tests,investigations,
five-year reviews, surveys,and,where necessary, drilling, test pitting,boring,and other
similar activities. Such right shall also include the right to construct,operate,bnaiutain,
or undertake any other response action or corrective action as required or necessary,
including but not limited to,monitoring wells,pumping wells, and treatment facilities.
These access rights are in addition to those granted to federal, state, and local
authorities under appropriate and applicable environmental regulations.
E. Land and/or Groundwater Restrictions
There are no groundwater or land restrictions associated with the transfer or reuse of
the Subject Property. The Subject Property contains several salt ponds and any
development of the property will require compliance with applicable federal, state,and
local wetlands and environmental laws and regulations.
Page 4 of 5
Doc.4 2510044 Page Number: 72 of 77
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FINDING OF SUITABILITY TO TRANSFER
HAWK MISSILE SITE (KW-65)
KEY WEST,FLORIDA
F. Indemnification
The federal government shall hold ess, defend,and indemnify the NPLRA and any
future successor,assignee,transferee, lender, or lessee of the Subject Property from any
suit, demand, cost or liability arising out of any claim for personal injury or property
damage that may result from, or be predicated upon,the release or threatened release of
any hazardous substance,pollutant,contaminant,petroleum product,or petroleum
derivative resulting from Department of Defense activities on the property subject to the
conditions specified in and to the extent authorized by Section 330 of Public Law 102-
484, as amended by Section 1002 of Public Law 103-160.
G. Environmental Compliance Agreements/Permits/Orders
The Navy acquired a wetlands permit to remove the contaminated sediment from the
pond. This permit remains in effect. The State of Florida must be notified of the
transfer within thirty days of execution of the transfer/conveyance documents.
H. Notification to Regulatory Agencies/Public
In accordance with DoD guidance,the U.S.EPA and FDEP have been advised of the
proposed transfer of the Subject Property and draft copies of the EBS and FOST have
been provided to those agencies for review. The EBS,and Draft FOST were also made
available for public review during a fifteen-day public comment period. All regulatory
agency and public comments received were considered and incorporated as deemed
appropriate. Any unresolved comments and the Navy's responses thereto are included
as Attachment 2 to the FOST, Copies of all transfer documentation provided to the
NPLRA will be made available to the U.S. EPA and FDEP representatives upon request
after execution of the same.
6.0 Suitability Determination
NOW THEREFORE,based upon my review of the information contained in the attached
EBS as well as the NPLRA's Reuse Plan,I have determined that the Subject Property is
presently suitable for transfer to the NPLRA the intended purpose.
"1 ®°
,. mu...........
Date T.F. B RSSON, CDR, CEC,USN
Acting Commander
Southern Division
Naval Facilities Engineering Command
North Charleston, S.C.
Page 5 of 5
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ADDENDUM FOR TRANSFER
HAWK MISSILE SITE (Kw-65)
NAVAL AIR STATION KEY WEST,FLORIDA
The Base Closure and Realignment Act(BRAC) of 1990, ordered the realignment ofNaval Air
Station Key West, Florida. Under the realignment,Hawk Missile Site(KW 65)was determined
to be excess to the Department of Defense(DoD)mission. An Environmental Baseline Survey
Realignment Parcels(EBS), which included KW 65, was prepared in August 1998. This
Addendum updates the environmental condition of f 43 acres of land and improvements(subject
property) at Hawk Missile Site(KW 65)singe August 1998 and supports the determination that
the subject property is suitable for transfer to the City of Key West under the Public Benefit
Conveyance through the Department of Interior for conservation and recreational use. The
subject property is bordered on the south by the Key West International Airport, on the north by
Flagler Canal, and on the east and west by woodlands and wetlands.
Sur&ce soils at Hawk Missile Site(ICW 65)were investigated as part of the Phase I Site
Inspection(SI)under the Navy's BRAC Installation Restoration Program. Sections of the SI
specific to the subject property are attached to this Addendum as Attachment 1. A copy of the
SI is located in the information respository at the Key West Public Library.
Subject property was divided into 13 subzones to be investigated. Based on-known information,
subzones 2, 3, 8, 12, and 13 were eliminated from ffilrther consideration. Subzone 1 (Drainage
Area),subzone 4(Sewage Lift Station.), subzone 5 (Generator Building I-1636), subzone 6
(Burnt Building 1-6530-Former Transformer.Missile Maintenance Bay),and Subzone 7(Former
Transformer Storage Area)were investigated for soil contamination. Subzones 9 and 10
(fonds)were investigated for sediment(eight sample locations)and surface water(seven sample
locations) contamination,respectively. Three permanent monitoring wells were placed in
subzone I 1 (groundwater). Analytical results from the soil,sediment, surface water, and
groundwater were compared to a residential set of action levels. Note:one of the three
monitoring wells(MW04)and subzone 4 are within the boundaries of the FAA transfer and are
not discussed in this Addendum. The following paragraphs summarize the findings of the SI.
Subzone 1: Inorganics such as aluminum, arsenic,barium, beryllium, chromium, copper,iron,
lead,manganese,mercury,nickel,thallium, and vanadium were present in the surface soils but
levels did not exceed U.S.EPA or Florida Environmental Protection Department(FDEP)action
levels. Arsenic was detected in one sample at its FDEP residential goal action level of 2.7
micrograms per kilogram(mg/kg). Of the semivolatde organic compounds(SVOCs) analyzed,
only one compound, dibenzo(a,h)anthracene,slightly exceeded its FDEP action level.
Dibenzo(a.,h)anthracene is a polynuclear aromatic hydrocarbon(PAI ), which is usually
associated with creosote or asphalt. The City of Key West had stored creosote-treated utility
poles in this area in the early 1990s. Volatile organic compounds(VOCs)found analytes of
acetone and methylene chloride but below action levels.
Subzone 5: No analytes detected exceeded U.S. EPA or Florida Environmental Protection
Department(FDEP) action levels. Inorganics such as aluminum,barium,chromium, iron, lead,
manganese, nickel, selenium, thallium, and vanadium were present in the surface soils. One Q
SVOC(Bis(2-ethylhexyl)phthalate)was detected. VOCs detected include acetone,methylene a
chloride, tetrachloroethene, and toluene.
® Page Iof4
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FILE # 1 2. 9 1 2 8 7
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ADDENDUM FOR TRANSFER
HAWK MISSILE SITE(KW-65)
NAVAL STATION KEY WEST,FLORIDA
Sub
zone 6: Inorganics detected below their respective action levels were aluminum, barium,
chromium, iron, lead,manganese, nickel,thallium, and vanadium were present in the surface
soils. One SVOC(1,2,4-trichlorobenzene)and two VOCs(acetone and toluene) were detected
below their action levels.
Subzone 7: Inorganics such as aluminum, barium, cadmium, chromium, copper,iron, lead,
manganese, nickel,tin,vanadium, and zinc were present in the surface soils but levels did not
exceed U.S. EPA or Florida Environmental Protection Dep nt(FDEP)action levels.
Thallium.was detected in one sample above its screening level. As determined during the data
quality objective process,the frequency of detection of thallium indicated a systematic
equipment error from the lab and,therefore, the detections would not be used to drive a
response action. No VOCs were detected above their action levels. One polychlorinated
biphenyl(PCB)(arochlor-1260) and one SVOC(b1s(2-ethy1hexy1)phthalate)were detected but
below action level.
Based on the information generated by the SI and the projected reuse of the property for
conservation and recreation, the FDEP,EPA,and Navy reviewed the data and determined that
no fluther remedial action was needed for subzones 1, 5, 6, and 7 soils.
5u zone 9: Figure 2-7 of Attachment l to this Addendum shows the locations of analytes that
exceeded action levels. Eight sediment samples were taken of sediments is ponds and one
stormwater collection area Aluniinum and vanadium were detected in excess of their action
levels at two locations. Barium and zinc found in sample SD04 exceeded their action levels.
Copper exceeded its action level only in sample SD01. Lead was detected above its action level
of 34.18 mg&g in all sampling locations. Chromium,iron,manganese, and nickel were detected
but not above their actions levels. Sampling location SD05 results indicated that lead, bis(2-
ethylhexyl)phthalate,butyl benzyl ph to and 4,4'.DDE,a pesticide, were present above their
action levels. 4,4'«DDE was also detected above its action levels-in sample SD08. The SI
estimated noncarcinogenic risks for each chemical detected in excess of its action levels. The
estimates indicated that none of the exceedances of aluminum,barium, copper,vanadium, or
zinc presented significant human health risks. The chemicals which exceeded their action levels
in sediment did exceed ecological guidelines,but most of these were only slightly above their
threshold exposure level, or were infrequently detected. Lead found at SD05 was the only
exceedance to present a potential ecological risk. The location of SD05 contained more
chemical analytes that exceeded the most conservative ecological guidelines than any other
sample location. Based on the findings of the SI,the FDEP,EPA, and Navy decided to perform
an interim removal action(IRA) in subzone 9. A Supplemental Site Inspection performed for
the sites requiring further action is located in the information repository. The planned IRA at
SDOS required the acquisition of a wetlands permit from FDEP and the Army Corps of
Engineers. This permit is in effect and will be transferred to the City of Key West upon transfer
of the subject property. The IRA performed at subzone 9, SD05,removed I foot of sediment
from the pond and two feet of soil from around SD08 as shown below.
Page 2 of 4
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FILE 1#1, 2 91 2 8 7
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ADDENDUM FOR TRANSFER
HAWK MISSILESITE (KW-65)
NAVAL AIR STATION KEY WEST,FLORIDA
STATION �' 'assa •�$ a3Wff B 0570 1 1
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APPROXVAATE SCALE �' w
After removing 93 cubic yards of soil and sediment,the excavations were resampled to confirm
that the chemicals of concem were removed. The confirmatory sampling indicated that the
concentrations of aluminum, lead, and vanadium were reduced below their action levels. The
pesticide,4,4'-DDE was not detected at either location after the soWsed° ent removal. Clean
fill was placed in the excavation at SDO8 and the area was returned to grade. Based on the
confinnatory sampling it was decided that the IRA had rernediated the site adequately and no
further remedial action was necessary.
The Navy also removed a small amount of petroleum-contaminated.soil from around monitoring
well -03 during the IRA. A 2,000 gallon diesel fuel tank inside a concrete secondary
containment structure bad been located near the well. The petroleum contamination was
,probably from tank filling operations. Confirmatory sampling indicated that all of the petroleum-
contaminated soil had been removed.
aubzone 10: Samples taken from the surface waters at KW-65 indicated that iron was the only
substance found exceeding its action levels in one location(SW04). Lead and iron were detected
w, but below their screening levels. No SVOCs were detected in the surface waters. Iron did not
present a significant nonearcinogenic human health risk. Iron was the only chemical that
exceeded ecological guidelines. however, it did not exceed ecological guidelines for soil. It
Page 3 of 4
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ADDENDUM FOR TRANSFER
HAWK MISS SITE (K -65)
NAVAL AIR STATION KEY WEST,FLOREDA
appears the iron is not collecting in the sediment and no other chemical exceeded the ecological
guidelines. The conclusion for subzone 10 is that no further action is necessary.
Subzone 11: Two groundwater wells(MW-05 and MW-06) were installed in the portion of KW-
65 addressed by this Addendum.. Barium, iron, lead,and zinc were detected in the groundwater
samples taken from the two wells but neither chemical exceeded its screening values. A single
VOC, vinyl chloride, was detected in excess of its screening value at MW-05 but no where else.
Other VOCs(1,1-dichloroethane and 1,1-dichloroethene)were detected but below their screening
values. No SVOCs were detected. Groundwater concentrations of the analytes that exceeded
their screening values were compared to surface water screening values as ecological receptors
are not directly exposed to groundwater and no groundwater thresholds have been developed for
ecological concerns. Under this more conservative scenario, arsenic was detected in four of nine
groundwater samples. The highest concentration was located at the FAA site. The highest
concentration for the KW 65 parcel was 7.51 ,ug/L which is below the FDEP marine surface
water action level of 50 µg/L. Vinyl chloride, detected at 8.6 µg/L,has no EPA Region 4 or
FDEP ecological screening level but the detected concentration is well below the EPA Region 3
screening level of 224,000 µg/L. Also,vinyl chloride was not detected in any surface water or
sediment sample. Therefore,the recommended action for groundwater at KW-65 is no further
action.
The Navy prepared the Decision Document for Ten Base Realignment and Closure(BRAG) Sites,
Naval Air Station Key West,Florida(DD), to document the decisions concerning actions taken
at and further action proposed for the BRAC sites. The DD included KW 65. This document
was presented to the public,FDEP, and EPA for review and comment in September 1999.
Comments were received and incorporated into the document. The remedy selections noted in
the Decision]Document will be implemented, as necessary,through the Findings of Suitability,
Land Use Controls, and deed restrictions.
As noted in the EBS, lead-based paint (LBP)may be present on any of the painted structures
remaining at KW-65. The structures are not "target housing" as defined by 24 CFR 35 and 40
CFR 745 and are not proposed for reuse as target housing..
Based on the findings of the EBSL and the 1997 Si,the subject property may be classified in
accordance with joint DoD/[J.S.EPA guidance as 4/Dark Green(areas where a release of a
hazardous substance has occurred, and all remedial actions necessary to protect human health and
the environment have been taken.)
Z26"o-
DA- KAREN SNODGRAS99
Environmental Protection Specialist
Page 4 of 4
Doe.N 2510044 Page Number 77 of77
RXHMIT I
HAZARDOUS SUBSTANCE LIST
KW-65,,KBY VEST FLORIDA
U
O STORAGE CAUNT AM$NO. CBXMCAL REPORTABLE DATE UNT RXIMMIL
QUANTITY(LBs) STORED LOCA71ON STORED REXXAM ACTION
75414 Vinyl Chloride 1 1960-1970 w1bum unknown W&MOwn none
7438-92-1 Lend 10 1960-1994 mhkWWv unknom w1knom mcmdon
------------
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72.55-9 4,0 ADD& � I unknown unknown 0mvation W -4
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