12/15/2004
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FllX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FllX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FllX (305) 852-7146
MEMORANDUM
DA TE:
April 12,2005
TO:
Mark Rosch, Director
Land Authority
Pamela G. Han"~
Deputy Clerk \3
FROM:
At the December 15, 2004, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Amended Conservation Easement on Crawl Key. The
easement is granted to the Monroe County Comprehensive Plan Land Authority.
Enclosed is the original recorded Easement for your handling. Should you have any
questions please feel free to contact our office.
Cc: County Attorney
Finance
File/
Doe~ 1~04420 03/22/200~ 3:48PM
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
Doell 1!04420
Bkll 2096 PglI 200
AMENDED CONSE.RVATION EASEMENT
--Ji..
A ~ervation Easement is hereby granted and conveyed on the /~ day of
0kUL ^, 20-U!i, by the Board of County Commissioners of Monroe County, Florida
(hereinafter referred to as "GRANTOR"), to the Monroe County Comprehensive Plan Land
Authority (hereinafter referred to as "GRANTEE"), in the following property (hereinafter
referred to as "Property"):
Lot 3 of Section 26 in T.65S., R.33E., and Lot 1 of Section 35 in T.65S.,
R.33E., known as Eastern Crawl Key, Monroe County, Florida.
WHEREAS, Grantor previously granted, on April 19, 1991, a Conservation Easement
deed to Grantee with restrictions based upon the expected use of Property as a waste
processing and transfer site; and
WHEREAS, Grantor also issued to Grantee a Conservation Easement dated August
20, 1990, which was not recorded, but was delivered, and, by its terms, has expired; and
WHEREAS, Grantor and Grantee recognize that the original intended use of the
Property, to wit: Solid Waste Management Facilities, is no longer a feasible use of said
Property; and
WHEREAS, it is desired between the parties to establish a new Conservation
Easement, and to have the Conservation Easement document delivered to the Grantee and
recorded in the official records of Monroe County; and
WHEREAS, Section 704.06, Florida Statutes, permits the creation of Conservation
Easements for the purpose of retaining land or water areas of environmental significance;
and
WHEREAS, Grantor and Grantee recognize the scenic, natural, and aesthetic value of
the Property in its present state and have, by conveyance of a conservation easement to the
Grantee, the common purpose of conserving the natural values of the Property, preserving
the natural character of the Property, and preventing the use or development of the
Property for any purpose or in any manner which would conflict with the maintenance of the
Property in its natural condition except as otherwise provided within this Amended
Conservation Easement;
NOW, THEREFORE, the Grantor, for consideration of release from any obligations it
may have had under the Conservation Easement deed dated April 19, 1991, does hereby
freely give, grant, and convey unto the Grantee, its successors and assigns, a Conservation
Easement over the above-described Property, consisting of the following:
1. Use of the Property shall be limited to the following governmental and public
purposes, to wit: electric transformer substation, fire training facility, medical
examiner's office, wastewater treatment plant, and paSSive recreation.
2. Improvements associated with the above referenced uses shall be located
primarily in areas of disturbed vegetation as follows:
(a) The electric transformer substation and fire training facility shall remain in the
locations where they exist as of the date of the granting of this easement, as
more particularly shown on the sketch of the Property, attached hereto as
Exhibit A.
(b) The medical examiner's office shall be located to the east of the fire training
facility as shown on the sketch of the Property, attached hereto as Exhibit A.
(c) The wastewater treatment plant shall be located to the west of the fire
training facility as shown on the sketch of the Property, attached hereto as
Exhibit A.
Doc" 1~04420
Bk. 2096 Pg. 201
(d) Road, driveways, and parking necessary to support the improvements in
Paragraph 2.
3. Planning and design of the uses described in Paragraph 1 shall incorporate
measures to minimize the adverse impacts of lighting, noise, and traffic on the
natural environmental and the residential communities nearby.
4. Native vegetation outside the improvement areas referenced in Paragraph 2
above shall not be disturbed. Disturbed areas outside the improvement areas
referenced in Paragraph 2 above shall be restored. Public non-motorized access
to the Property shall be maintained, however use of motorized vehicles outside of
designated driveways serving the uses in Paragraph 1 is prohibited.
5. Environmental assessments of any area proposed to be developed for any public
purpose shall be conducted prior to the proposed development and Grantor shall
comply with those safeguards required by state statute or regulation for the
protection and preservation of wildlife habitat, or mitigation.
6. The Grantor agrees that this Conservation Easement shall be recorded in the
official records of Monroe County.
7. In the event that a breach of these restrictions by the Grantor or by a third party
comes to the attention of the Grantee, the Grantee shall notify the Grantor in
writing of such breach. The Grantor shall have thirty (30) days after receipt of
such notice to undertake actions, including restoration of the premises that are
reasonably calculated to correct swiftly the conditions constituting such a breach.
If the Grantor fails to take such corrective action, the Grantee shall at its
discretion, undertake such actions as are reasonably necessary to effect such
corrections, including appropriate legal proceedings. The cost of such
corrections, including the Grantee's expenses, court costs and legal fees, shall be
paid by the Grantor, provided that the Grantor is determined to be responsible
for the breach.
8. Any notices required in this Conservation Easement shall be sent by registered or
certified mail, postage prepaid to the following addresses or such address as may
be hereafter specified by notice in writing:
GRANTOR: Monroe County
c/o Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
GRANTEE: Monroe County Comprehensive Plan Land Authority
Harvey Government Center
1200 Truman Avenue
Key West, FL 33040
9. In the event any provision of this grant is determined by an appropriate court to
be void and unenforceable, all remaining terms shall remain valid and binding.
10. Any assignment of benefits by the Grantee or its successors must require the
transferee to carry out the purposes of this Conservation Easement.
11. The rights hereby granted shall be in addition to, and not in limitation of, any
other rights and remedies available to the Grantee for enforcement of this
Conservation Easement.
12. The obligations and responsibilities of Grantor under this Conservation Easement
shall be binding on its successors and assigns.
TO HAVE AND TO HOLD this Conservation Easement together with all and singular the
appurtenances and privileges belonging or in any way pertaining thereto, either in law or in
Docll 1504420
Bkll 2096 P,II 202
equity, either in possession or expectancy, for the proper use and benefit of the Grantee,
its successors and assigns, forever.
IN WITNESS WHEREOF, the Grantor has caused its hand and seal to be affixed the date
and year first above written, and the Grantee has caused these presents to be signed in its
name by its Chairman the day and year first above written.
GRANTOR:
GRANTEE:
Monroe County
Board of County Commissioners
Monroe County
Comprehensive Plan Land Authority
By: /.hehl?;.y~kL
.... .
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'i / '\l-) r'" . .
'ts6~.( .
. ATrE;,ST:' Danny L. Kolhage, Clerk
l
By: ',. J "1y-
David P. Rice, Chairman
By: ~oLJ (2,~;)~
Deputy Clerk
By: #1'
Mark J. R
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"(J
ch, Executive Director'
(SEAL)
ATTEST
Date
Prepared by:
Suzanne Hutton
PO Box 1026
Key West FL 33041
FBN 336122
Doc" 1304420
SkI 2098 PgI 203
STATE OF FLORIDA
COUNTY OF MONROE
I HEREBY CERTIFY that on this ;:'Z~d- day of t1J1d/td{, , 2005,
before me, an officer duly qualified to take acknowledgements, personally appeared DIXIE
SPEHAR, Mayor of the Monroe County Board of County Commissioners, to me known to be
the person described in and who executed the foregoing instrument and acknowledged
before me that he executed the same. Produced driver's license or is personally known to
me.
,,-({LIe..--
SEAL
Printed Notary Signature
My Commission Expires:
~$;l~"I'" PAMELA Q. HANCOCK
f*fi):* MY COMMISSION' 00 256075
~. : EXPIRES: FebnJary 7, 2008
~. :,1\; IIcndId l1IN NolIry PubIc IJndIrwIlIIlw
STATE OF FLORIDA
COUNTY OF MONROE
I HEREBY CERTIFY that on this 16th day of March , 2005,
before me, an officer duly qualified to take acknowledgements, personally appeared DAVID
P. RICE, Chairman of the Monroe County Comprehensive Plan Land Authority, to me known
to be the person described in and who executed the foregoing instrument and acknowledged
before me that he executed the same. Produced driver's license or Is personally known to
me.
~a\. KImberly A NyIIrom
. ~ . My CommIIIIon DD19011e7
~.,~ ExplmAprtl18,2007
Kimberly A. NystrOJD
Printed Notary Signature
My Commission Expires: April 19, 2007
SEAL
Docll 1504420
SkI 2096 PIli 204
The undersigned property owner hereby acknowledges and consents to the Amended
Conservation Easement.
~~ iltdJf!vi
By:
Chairman
~
t..
Printed Signature
STATE OF FLORIDA
COUNTY OF MONROE
I HEREBY CERTIFY that on this ,;l p -It, day of F.e-i. j ... V-a;. , 2005,
~efore me, an ~fficer duly qualified to take acknowledgements, perso ally appeared
?1} t yy i, /1, '- ~ , Chairman of the Florida Keys Aqueduct Authority, to me
known to be the person descnbed In and who executed the foregoing instrument and
acknowledged before me that he executed the same. Produced driver's license or is
personally known to me.
f~~ 1/ -I:?
Notary Signature ~
r; /1/ ; ;-~ //. I' q Lv ~ <. ,-
Printed Notary Signature
My Commission Expires:
SEAL 1l; B*lV ...,.,
. . MrCuo... IIIlVDOIS17.
~.,':I ExpnI~ 10, 2001
Docll 1504420
Bkll 2096 PgII 205
The undersigned property owner hereby acknowledges and consents to the Amended
Conservation Easement.
Florida Keys Electric Cooperative
Association, Inc.
Witness Signature
:5"s;.;JAJ r~' ,t%jLlftJ/~2JL
Printed ignature
By:
Tim
Printed Signature
STATE OF FLORIDA
COUNTY OF MONROE
I HEREBY CERTIFY that on this ~~ day of
before me, an officer duly qualified to take acknowled
TIMOTHY PLANER, Chief Executive Officer of the Flori
Association, Inc., to me to be the person describe in and who ecuted the
foregoing instrumen ewledge ore me that he executed the same. Produced
driver's license or is ersonally known to me.
Printed Notary Signature
My Commission Expires:
SEAL
"~"" L1SA~ARr.f' .
~.'t.1Y~SlbN # DO .f~Cl8cilJ"'C
:~f EXPtm!8i:July 12, 2O(i'
..,~~io~~~S
Doc. 1~04420
Sk_ 2096 p._ 206
-
~
Existing Uses:
1.
2.
Florida Keys Electrical Cooperative Sub-Station
Firefightlng Training Facility
Proposed Uses:
1.
2.
Medical Examiner's Facility
Wastewater Treabnent Plant
Note: Locations of proposed uses are not meant to reflect the axact
SIze or location. but rather depict the gener8lllldnlty 01
project.
DATE:
October 22, 2004
DES/DRW
DSK/jbw
PROJECT:
CRAWL KEY
SHEET NO,
rtONROE COUNTY
OFFICIAL RECORDS
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