Resolution 226-2004
RESOLUTION NO. 226
-2004
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AUTHORIZING A TRANSFER OF CONSERVATION
EASEMENT TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR
MEDICAL EXAMINER FACILITY.
WHEREAS, the County Commission recognizes that the conservation of natural
resources is of substantial importance to the health and welfare of the residents of
Monroe County; and
WHEREAS, the South Florida Water Management District has requested the
dedication of a conservation easement on a parcel of property in connection with the
permitting process for the Medical Examiner facility on Crawl Key; and
WHEREAS, the Army Corps of Engineers has not yet approved a permit for
said construction; now therefore
BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
1. Shall transfer to the South Florida Water Management District a
conservation easement over that parcel of property described in Exhibit A,
attached hereto and incorporated herein by reference.
2. The Mayor is authorized to execute the conservation easement attached
hereto as Exhibit A, upon the approval of an Army Corps of Engineers
permit for said facility to be constructed on the Crawl Key ~opertYd:
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PASSED AND ADOPTED by the Board of County Commissioners ~~ro!:co~ty,
Florida at a regular meeting of said board held on this 16th day of June, 20~:;:; :;e
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Mayor Nelson
Mayor Pro Tem Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
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(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
~
eputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY FLORIDA
By ~ (~
Mayor/Chairperson
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT is given this day
of , 200_, by the Board of County Commissioners
of Monroe County, Florida, a political subdivision of the State of Florida, 1100 Simonton
Street, Key West, Florida 33040 ("Grantor") to the South Florida Water Management
District ("Grantee"). As used herein, the term Grantor shall include any and all heirs,
successors or assigns of the Grantor, and all subsequent owners of the "Property" (as
hereinafter defined) and the term Grantee shall include any successor or assignee of
Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Monroe County,
Florida, and more specifically described in Exhibit A attached hereto and incorporated
herein ("Property"); and
WHEREAS, the Grantor desires to construct Monroe County Medical Examiner's
Facility ("Project") at a site in Monroe County, which is subject to the regulatory
jurisdiction of South Florida Water Management District ("District"); and
WHEREAS, District Permit No. ("Permit") authorizes certain
activities which affect waters in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve, enhance, restore
and/or mitigate wetlands and/or uplands under the District's jurisdiction; and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is
agreeable to granting and securing to the Grantee a perpetual conservation easement as
defined in Section 704.06, Florida Statutes (2000), over the Property.
NOW, THEREFORE, in consideration of the issuance of the Permit to construct
and operate the permitted activity, and as an inducement to Grantee in issuing the
Permit, together with other good and valuable consideration, the adequacy and receipt of
which is hereby acknowledged, Grantor hereby grants, creates, and establishes a
perpetual conservation easement for and in favor of the Grantee upon the Property which
shall run with the land and be binding upon the Grantor, and shall remain in full force and
effect forever.
The scope, nature, and character of this conservation easement shall be as follows:
Standard form - July, 2001
10f4
1. 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. Those wetland and/or
upland areas included in the conservation easement which are to be enhanced or created
pursuant to the Permit shall be retained and maintained in the enhanced or created
conditions required by the Permit.
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 Property that may be damaged by any inconsistent activity or use.
2. Except for restoration, creation, enhancement, maintenance and monitoring
activities, or surface water management improvements, which are permitted or required
by the Permit, the following activities are 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. Removal or destruction of trees, shrubs, or other vegetation, except
for the removal of exotic or nuisance vegetation in accordance with a District approved
maintenance plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or
other material substance in such manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to
remain in its natural condition;
Standard form - July, 2001
20f4
f. Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservation including, but
not limited to, ditching, diking and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or
water areas;
h. Acts or uses which are detrimental to the preservation of any
features or aspects of the Property having historical or archaeological significance.
3. Grantor reserves all rights as owner of the Property, including the right to
engage in uses of the Property that are not prohibited herein and which are not
inconsistent with any District rule, criteria, permit and the intent and purposes of this
Conservation Easement.
4. No right of access by the general public to any portion of the Property is
conveyed by this conservation easement.
5. Grantee shall not be responsible for any costs or liabilities related to the
operation, upkeep or maintenance of the Property.
6. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions
and restrictions of this conservation easement shall be borne by and recoverable against
the nonprevailing party in such proceedings.
7. 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.
8. 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 qualified to hold such interests under the
applicable state laws.
9. 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.
10. 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
Standard form - July, 2001
30f4
interest in the Property.
11. All notices, consents, approvals or other communications hereunder shall
be in writing and shall be deemed properly given if sent by United States certified mail,
return receipt requested, addressed to the appropriate party or successor-in-interest.
12. This conservation easement may be amended, altered, released or revoked
only by written agreement between the parties hereto or their heirs, assigns or
successors-in-interest, which shall be filed in the public records in Monroe County.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms,
conditions, restrictions and purpose imposed with this conservation easement shall be
binding upon Grantor, and shall continue as a servitude running in perpetuity with the
Property.
Grantor hereby covenants with said Grantee that Grantor is 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 conservation easement and all mortgages have been
joined or subordinated; that Grantor has good right and lawful authority to convey this
conservation easement; and that it hereby fully warrants and defends the title to the
conservation easement hereby conveyed against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
in its name by its Board of County Commissioners acting by the Mayor of said Board, on
the date first above written.
(OFFICIAL SEAL)
ATTEST: DANNYL L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Deputy Clerk
BY:
Mayor Murray S. Nelson, Mayor
South Florida Water Management District
Legal Form Approved
Date: June, 2004
Standard form - July, 2001
40f4
Apr-19-Z004 ZZ:Z8 From-MONROE COUNTY ENGINERING
;' 'LEGAL DESCRIPTI-DN '" ..,' CONSERVATION '[ASEtv,~l; ,
A cp.nseNotion: eosel':!1ent 'on Craw.1 Key: ,No. 5~ Be.ing.: 0 portion of Government Lot
And Se~tion 2S, sjtuote. in .To~nsh!p65 South, Range 33 E;o~t. M9nroe County,
Florida, more particularly de'scrib~d. 95.. follows: "
+30SZ9S43ZI
T-017 P,OOZ/004
F-469
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Co'MMENCING 'tQ the - PorNT OF SEGINNING of pO'rent troct~ The'n~e N83'07'20"E a
distance .Qf 251.79' feet;. Thence, N7S"17'27"E. a distance c:lf ,12,.41 to. the POINT OF
BEG./NNING; ,Thenc.e. ',N13"40'25"W:'0 distao.ce' of. 2o".4T. f~~t: Thenc.~' N01'.30.:34"W' a
distance Qf 1.48.sa', feet; The~t.e . N4'1'l~-19"W o. distaf.1ge of 31.65.'. feet: Thenc~.. . . .
N83'23'49"~ "9' distance~ of .1.48.60' '.feet;, Thenc.e. 588~i2'j7"E 'o..di~tonc~ Q( 17.2-2: .
feet tp 0 p.orrft Qf ,'curvature of 0 ~urve. concave. tQ the ,,!o'rth~e~,. hQving a< q:~~Lu;~.. 0;'
17.62' .f-~e.t:;r,hence along the arc 'of said'vurv.e through Cl ,ceAt~ql an.gle Qf: g7"4!ii.'3~,.'
o diston~e of 30.0S' ,feet -to, the point :of tOr.lge.ncy: The(1c~. NQ4"lO'56~'W, . Q Q:i~tqnce
of 22.9.G' feet' ,to '"9".pQint .of curvature of C curve:.concove to, tl:1e' S0!Jtheost -hav~Ag a
rodiiJs Qf 7.72' feet; Thence .ololl9 the orc of 'soid' curve througt.l c" central O'~I(: :of ,
71.54.02......0 distance .of. 9:69' feet t6.the point ',of toogency; 'l'htmce N6T43"06:'E' 0'.
distonc:e of 37.34' feet to a point. of 'curvcture to the 'Sout"'eos~ having. 0 rodius of,
92.98' . feet;. Thence olo.ng: the 'orc .of'said curve thrQu,gp a ':p.entra~ ,en.gle'.Qf. . "
22".21'25~"a disto.nce of 36.28.', .,fset- tel" the point.. Qf tonger:lCY: Thence, 'S89~55'29"E, 'a
distGrice of 48.98' feet; T1'le~ce' N8~08'47"E', 0 .distonce of 45.52' feet: Thence'
552'28'55'E, 0 distance of '9:5'2' feet: thence. 500'42'3~"W.. 0 distonce of 20.0.('l)' feet;
Thence .S5S-07'44'!W, a distci'n'c'e of' 5.3.93'" feet: Thence S1 9'.36'" 2''W, t!) d1stonce cf
10.'50" feet:. Thence' Sl"'28'2'g."~, o' distonee of 42.40'. feet; Thence 5.3'6' 1 0'1 O'''E, 0"
distQnce of .16'.9'8." feet; Th:en~e SOO-52' 41"W, 0 distance e;f. 39.64! feet; Thence' ,
.. ,u. . .
SBT44 17 W, 0 distance of 72.59 fee~ to 0 point of curvature of 0 curve concave
tQ the' Southeost having 0 radius of 188.53' feet: Thence clong the arc of said
curve through 0 central angle of 31"39'44", 0 distance of 104',18' feet to the point
of tangency: Thence S56'04'32"W, a distance of. ~54. 10' feet to -the POINT OF
BEGINNING.
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Containing 48,263:1:: Square Feet or 1.10 Acre more or less.
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NOTES:
1. THIS"IS NOT A SURVEY. FOR REFERENCE' BEARINGS AII/D PARENT TRACT LEGAL DESCRIPTION
SURVEY PREPARED" BY RICHARO J. HALVERSON, PSM 5540 ON 03-10-03 CARN~-NE[JHAUS
PROJECT No. 02-054, lAST REVISED BY JAVIER DE LA ROCHA, PSM 6080, ON :05-20-03,
CARNEY-NEUHAUS PROJECT No 02-054, AND DESIGN DRAWING WITH POSITION' OF PROPOSED
SPLIT RAIl. FENCE ALONG THE EAST AND THE WEST EASEMENT LINES, PREPARED. BY J.J.
GOLDASrCH Be ASSOC., INC. LAST REVISED ON 9-05-03. .
2. TO BE VAUD, COPIES MUST HAVE ORIGINAL .
SURvEYOR'S SIGNATURE AND EMBOSSED SEAL. IMPRINT.
I HEREBY CERTIFY THAT THE SKETCH SHOWN HEREON IS AN
ACCURATE DELINEATION Of THE 'DESCRIPTION
HEREON AND ISJ A TRUE AND CORRECT REPRESENTATION
TO THE BEST OF MY KNOWLEDGE ANO BELIEF.
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02-054
EXHIBIT A
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Apr-19-Z004 ZZ:Z9
p.o'.a OF
P AREN T TRAC
From-MONROE COUNTY ENGINERING
P,O.C OF
CONSERVA'hdN
EASEMENT
+30SZ9S43Z1
T-01T P,004/004 F-4S9
FOR BOUNDARY INFOk'IQlA., IN SHOWN
PLEASE REFER TO CARNEY-NEUHAUS
SURVEY PREPARED BY JAVIER DE LA ROCHA.PSM,
PROJECT NUMBER 02-054
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REV 'I DATE I OCSCMlPTlOo/
.100 Net
Of PRPOS~~ON~~ EASEMENT 'DAtE: 02-06-04
ctlYERNMOO I.OT J SCAl.t:: AS NOTED
~.;.~ :s~ ~~,~J OAAWN BT: MIl
CAAWL KEY ilia. 5 CHECKED IJY: IA..
",ON ROE C0l1114lY F"LORlo... flU!:; CDII5tlIVAllCl11-€A!(JoCM,,_
02-054
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