Item E
AMENDED CONSERVATION EASEMENT
A Conservation Easement is hereby granted and conveyed on the day of
, 20_, 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.
b,g
(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.
S. 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
STATE OF FLORIDA
COUNTY OF MONROE
I HEREBY CERTIFY that on this day of , 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.
Notary Signature
Printed Notary Signature
My Commission Expires:
SEAL
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. PreeJbJccc:t c:trivar'e; Iic8ns8 or is personally known to
me.
~ "Mo. KImbeIIy A Nystrom
!'~~ My CommIsaIon 00190987
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Not ry Sign re
Kimberly A. NystrODl
Printed Notary Signature
My Commission Expires: April 19, 2007
SEAL
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:
Dixie Spehar, Mayor
/
By: ....' J ('V
David P. Rice, Chairman
By:
Deputy Clerk
By: '^"1'
Mark J. R
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ch, Executive Director
(SEAL)
ATTEST: Danny L. Kolhage, Clerk
(SEAL)
ATTEST
The undersigned property owner hereby acknowledges and consents to the Amended
Conservation Easement.
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By:
Chairman
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Printed Signature
STATE OF FLORIDA
COUNTY OF MONROE
I HEREBY CERTIFY that on this ;) P-It.. day of Fe.-~ i-~~ r( j , 2005,
~efore me! an ~fficer duly qualified to take acknowledgements, persofally appeared
'J1} V"Y '-.. !l, G -<.. , Chairman of the Florida Keys Aqueduct 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.
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Notary Signature ~
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Printed Notary Signature
My Commission Expires:
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The undersigned property owner hereby acknowledges and consents to the Amended
Conservation Easement.
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Witness Signature
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Printed ignature
Florida Keys Electric Cooperative
Association, Inc.
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 k to be the person describe in and who ecuted the
foregoing instrumen ew.Iedge ~re me that he executed the same, Produced
driver's license or is ersonally known to me.
Printed Notary Signature
My Commission Expires:
SEAL
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Existing Uses:
1.
2.
Florida Keys Electrical Cooperative Sub-Station
Firefighting Training Facility
Proposed Uses:
1.
2.
Medical Examiner's Facility
Wastewater Treatment Plant
Note: Locations of proposed uses are not meant to reflect the exact
size or location. but rather depict the general v1dnlty of
prOject,
DATE:
October 22, 2004
DES/DRW
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PROJECT:
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SHEET NO.
CRAWL KEY
of
1
District One
500 Whitehead Street, Suite #102
Key West, FL 33040
305-292-3440 (Telephone)
305-292-3466 (FAX)
boccdis I @monroecounty-fl.gov
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OK'!~I,Y ~o~~~2E
(305) 294-4641
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District I
Mayor Pro Tern Charles "Sonny" McCoy, Dist. 3
George Neugent, District 2
David P. Rice, District 4
Murray Nelson, District 5
April 11, 2005
Mr. Sam D. Hamilton
Regional Director Southeast Region
U.S. Fish and Wildlife Service
1875 Century Boulevard Northeast, Suite 400
Atlanta, GA 30345
RE: Habitat Conservation Plan for Big Pine Key and
No Name Key, Momoe County, Florida
Dear Mr. Hamilton:
On behalf of the Board of County Commissioners of Momoe County, I am bringing to your immediate
attention a serious concern that my fellow commissioners and I have with your agency's handling of the
Habitat Conservation Plan for Big Pine Key and No Name Key.
The draft Habitat Conservation Plan and Environmental Assessment were submitted to your agency by
Momoe County, the Florida Department of Transportation (FDOT), the Florida Department of
Community Affairs (DCA) in April 2003. During this period of time, the County and state agency staffs
and their consultant worked diligently to provide your agency with additional data and information as
requested in a timely manner. Yet despite this cooperation, the County has yet to be formally notified of
the anticipated date that the HCP will be approved for publishing in the Federal Register. The initial six
to nine months approval time promised by your agency's representatives has now ballooned to at least
24 months.
The only official response from your Vero Beach field office has been that the document is in Atlanta
with the solicitors and will be ready for approval "any day now". Unfortunately, the County has been
told the same thing for the last several months and this is the second time the solicitors have had the
document.
While the County has moved forward with its commitments under the proposed Habitat Conservation
Plan by adopting required amendments to its Comprehensive Plan and Land Development Regulations,
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it can not move forward to bring some "normalcy" and "fairness" to the development process on Big
Pine Key and No Name Key without an adopted Habitat Conservation Plan.
While your agency slowly deliberates on the Habitat Conservation Plan, the County must unfairly bear
the full consequences of your inaction in terms of defending against costly "taking" suits and
aggressively acquiring remaining native habitat of these protected species without commitment from
your agency to provide any tangible financial assistance or willingness to share the County's legal
liability. Property owners and permit holders are being denied their right to build without any assurances
of when or under what circumstances they will be able to build, which has caused undue financial and
personal hardships and only created further unnecessary distrust of county government.
It is understandable that some of the delay may be the result of high turnover in your staff reviewing the
document; however, that doesn't absolve your agency of its responsibility to move more expeditiously
forward. Our frustration is exacerbated by the very fact, that while your agency is mandated to protect
endangered and threatened species under the Endangered Species Act, the County and its property
owners must bear more than their fair share of the burden in meeting the mandates.
By this letter, the Board of County Commissioners is requesting your immediate intervention in this
matter to expedite the approval of the Habitat Conservation Plan. The County is looking forward to your
full cooperation and assistance so that we can mutually address the development and conservation
issues on Big Pine Key and No Name Key in a more fair and equitable manner.
Should you have any questions, please don't hesitate to contact Mr. Timothy J. McGarry, Growth
Management Director at (305)289-2517 or me.
Sincerely,
j/~ m ~~a-L
Dixie M. Spehar
Mayor
Cc: Honorable Ileana Ros-Lehtinen, U.S. House of Representatives
Board of County Commissioners
Mr. Tom Grahl, U.S Fish and Wildlife Service
Mr. Danny L. Kolhage, County Clerk
Mr. Thomas J. Willi, County Administrator
Mr. John R. Collins, County Attorney
Mr. Timothy J. McGarry, Growth Management Director
Ms. K. Marlene Conaway, Planning and Environmental Resources Director
Ms. Cathy Owens, FDOT
Ms. Rebecca Jetton, FDCA