07/26/2005 WD
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MONROE COUNTY LAND AUTHORITY
1200 TRUMAN AVENUE, SUITE 207 · KEY WEST, FLORIDA 33040
PHONE (305) 295-5180 · FAX (305) 295-5181
MEMORANDUM
TO: Belle DeSantis, Clerk's Office
FROM:
Mark Rosch, Executive Director
Monroe County Land Authority
(V11fL-
----
DATE: September 6,2005
SUBJECT: BaCC Sale of PSB Property to City of Key West
Enclosed for your files please find copies of the recorded quit claim and warranty deeds for the
above referenced transaction.
These deeds, together with the documents transmitted to you as part of my June 27, 2005
memo, are the complete set of seller's closing documents.
Thank you for your assistance with this transaction. Please contact our office if you have any
questions.
cc: Larry Erskine, Esquire
Parcel Identification No: 00072080-001600
Doca 1531397 07/27/2005 4:42PM
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
This Instrument Prepared By
and Return to:
Larry R. Erskine
1200 Truman Avenue Suite 207
Key West, Florida 33040
Doca 1531397
Bka 2136 Pga 2451
QUITCLAIM DEED
This Quitclaim Deed, made this .::2'-~ day of July, 2005, between The County of Monroe, Florida, a public
corporation under the laws of the State of Florida, whose address is 1100 Simonton Street, Room 2-205, Key
West, FL 33040, Grantor, and City of Key West, a municipal corporation existing under the laws of the State of
Florida, whose address is 525 Angela Street, Key West, FL 33040, Grantee.
Witnesseth, that the Grantor, for and in consideration of the sum of ------------ TEN & NOll 00 ($10.00)---------------
----DOLLARS, and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt of which
is hereby acknowledged, has granted, bargained and quitclaimed to the said Grantee and Grantee' heirs and assigns
forever, the following described land, situate, lying and being in the County of MONROE, State of Florida, to-wit:
See Attachment "A" attached hereto and by this reference made a part hereof.
To Have and to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise
appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of Grantor, either in law or
equity, for the use, benefit and profit ofthe said Grantee forever.
In Witness Whereof, the Grantor has hereunto set helshe hand and seal the day and year first above written.
Signed, sea~ed and ~ in our presence:
w;m~I~)al\f'..1t K ~. 'R6~ toW
Wi I Printed Name
County of Monroe, Florida
BY~7n~
M Y R DIXIE M'. SPE R
MONROE COUNTY ATTORNEY
~~
JOHN R. COLLINS
Ca.UNT\ 8JTOR,EY . /
01 '-LlP . oS
Date
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this Zlitl.. day of July, 2005, by Mayor Dixie M. Spehar,
who is personally known to me or "l,v lla:. J1lUdu......d '"' irlpnt;f1('atiQ~
SEAL
My Commission Expires:
Printed Notary Signature
d&ii1'~ PAMEl.AG.HAHCOCK
=(j)i..T il. .a MY COMMISSION' DO 251075
'. . exPIRES: Febnwy 7, 2001
.. . !londlod Thni NoIIry PIAIIc ~
File # 05007
ATTACHMENT A
Dod 1531397
Bka 2136 Pga 2452
Legot Description: Out Parcel;
Prepore~ b~ undersigned:
Being 0 port of land located on Stock Island, Monroe County, Florida and
bein9 more particularly described os follows:
leginninq at coordinate. of which ore N 87,268.27 and E 407,559.07. bosed
on the United States Coast and Geodetic SUNey's Wercator Grid Coordinate
System,. Florida Eost Zone, 1983, which has for its zero coodinates 0 point
at Latitude 24'20'00. North and 500,000 feet West ot longitude 81'00'00",
laid point being the inter.ection of the Easterly Right-at-Way Line of Junior
CotIega Rood and the Northerly Right-at-Way Line at U.S. Highwoy No. 1
(StaU' Rood No.5). at the Westerly end at Junior College Road; thence N.70'
40'03"[., along the said Northerly Right-of-Way line of U.S. Highway No. 1
a distance of. 2' .39 feet; thence N.04'20'14 "W., 0 distance of 78.14 feet;
thence S. 71'09'OO"W., a distance of 44.31 feet to the said Easterly
Right-at-Way Line of Junior College Rood and a the point on 0 curve to the
left. having: 0 radius of 265.00 feet, 0 central angle of 08'36'44", 0 chord
bearing of 5.2S25'20"E. and 0 chord length of 39.79 feet; thence along the
arc of said CUNe, on arc length of 39.83 feet to the point of tangency of
said curve; thence 5. 19"06'58"E., a distance at 36.16 feett to the Point of
Beginning. .
Parcel' contains 2413.40 square feet or 0.0554 acres, more or less.
"ONROE ft~\..O~~l~ROS
OFFICI"
Doca 1531398 07/27/2005 4:42PM
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
This Instrument Prepared By:
Larry R. Erskine
l200 Truman Avenue, Suite 207
Key West, FL 33040
Property Appraisers Parcel Identification
Doca 1531398
Bka 2136 Pga 2453
(Folio) Number; 00072080-00l800
WARRANTY DEEt1
THIS INDENTURE, made this:l~~ day of July, A.D. 2005, between the County
of Monroe, Florida, a public corporation under the laws of the State of Florida,
whose post office address is llOO Simonton Street, Room 2-205, Key West, FL,
33040, grantor, and City of Key West, a municipal corporation existing under the
laws of the State of Florida, whose post office address is 525 Angela Street, Key
West, FL, 33040, grantee,
(Wherever used herein the terms "grantor" and "grantee" include all the parties to this
instrument and their heirs, legal representatives, successors and assigns. "Grantor" and
"grantee" are used for singular and plural, as the context requires and the use of any gender
shall include all genders.)
WITNESSETH: That the said grantor, for and in consideration of the sum of
Ten Dollars and other good and valuable considerations, to said grantor in hand
paid by said grantee, the receipt whereof is hereby acknowledged, has granted,
bargained and sold to the said grantee, and grantee's successors and assigns
forever, the following described land situate, lying and being in Monroe County,
Florida, to-wit:
See Attachment "A" attached hereto and by this reference made a part
hereof.
"By acceptance of this warranty deed, the Grantee hereby agrees that the use
of the Property described herein shall be subject to the covenants and
restrictions as set forth in the Grant Award Agreement attached hereto as
Attachment "B" and recorded in the Public Records of Monroe County, Florida.
These covenants and restrictions shall run with the Property herein described.
If any term or condition of the Grant Award Agreement is violated by the
Grantee or by some third party with the knowledge of the Grantee and the
Grantee does not correct the violation pursuant to the Grant Award Agreement,
fee simple title to all interest in the Project Site shall be conveyed to the
Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida in accordance with Chapter 380, Part III, Florida Statutes."
TOGETHER WITH; AN EASEMENT TO LAY, MAINTAIN AND OPERATE UTILITY LINES, AS
REFERENCED IN THE QUITCLAIM DEED RECORDED IN BOOK G-56, AT PAGE 58, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA.
Doc.. 1531398
Bk.. 2136 Pg.. 2454
SUBJECT TO: AN EASEMENT IN FAVOR OF AND RESERVED UNTO THE GRANTOR FOR
INGRESS, EGRESS, AND THE OPERATION OF UTILITIES OVER THE PROPERTY
DESCRIBED IN ATTACHMENT "C".
SUBJECT TO: A CONSERVATION EASEMENT IN FAVOR OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY, RESTRICTING THE USE OF THE SUBJECT
PROPERTY TO DEVELOPMENT AS AN ADDITION TO THE KEY WEST BOTANICAL GARDEN
PROVIDING PUBLIC ACCESS, PUBLIC RECREATION, AND WILDLIFE HABITAT, ATTACHED
HERETO AS ATTACHMENT "D".
This conveyance is subject to easements, restrictions, limitations and
conditions of record if any now exist, but any such interests that may
have been terminated are not hereby re-imposed.
[This property is not the homestead property of the grantor, nor contiguous
to homestead property, as such homestead is defined under Florida law.]
AND the said grantor does hereby fully warrant the title to said land, and
will defend the same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF the grantor has hereunto set grantor's hand and seal,
the day and year first above written.
Signed, sealed and delivered in
the presence of:
~'~ 0-
SIGNATURE 0 FIRST WITNESS)
COUNTY OF MONROE, FLORIDA
BY i~ )1), .J;,,/'-J
MAY R DIXIE M. SPE
f'1 ~ 1< K -r. 1<0'5 t.H-
(PRINTED, TYPED OR STAMPED
NAME OF F~
~~ OF SECOND WITNESS)
P4MeLA C. HANc:.4'-"'-
(PRINTED, TYPED OR STAMPED
NAME OF SECOND WITNESS)
MONROE COUNTY ATTORN~Y
APPRRYEPl ~S TO F~.
Q&~WQ.t~
.. JOHN R. COLLINS
~OUNTY XJTO?Pf
D~,\e. __ c~=ll kY. .JL.-...--._....~
Doct:l 1531398
Bkt:l 2136 Pgt:l 2455
STATE OF FLORIDA)
)
COUNTY OF MONROE)
The foregoing instrument was
2005, by Mayor Dixie M. Spehar.
preatles'i'l
acknowledged before me this t~ day of July,
She is personally known to me ~y wI.,", La;::,
aa idcflti[~~dLlon.
~
( NATU OF NOTARY PUBLIC)
(NOTARY PUBLIC)
SEAL
(PRINTED, TYPED OR STAMPED NAME OF
NOTARY PUBLIC)
Commission No. :
My Commission Expires:
PAMaA G. HANCOCK
MY COMMISSION II DO 256075
EXPIRES: FebrU8/}' 7, 2008
Bonded Thru Nolary POOIic UndeIwrlIon
ATTACHMENT A
Docl 1531398
Bkl 2136 Pgl 2456
Being Q- ~rt of~~dl~ated on Stock Island, Monroe County, Florida and
being more particularly described as follows:
!ecjinning atcoordinotes of which are N 87,268.27 and E 407.559.07, based
OR the U"lt_ States Coast and Geodetic Survey's ....ercator Grid Coordinate
System, Rod., East Zone. 1983, which has for its zero coodinotes a point
at latitude 24.20'00" North and 500,000 feet West of Longitude 81'00'00",
IOfd point bei"9 the intersection of the Easterly Right-at-Way line of Junior
Cot~ Rood and the Northerly Right-ot-Way line of U.S. Highway No. 1
(State Rood No.5), at the Westerly end of Junior College Rood; ; thence
N.70"40'03"E., along the said Northerly Right-of-Way Line of U.S. Highway
No. 1 Q distance of 21.39 teet; thence N.04'20'14"W., a distance of 784.40
feet; thence S.89-21'03"w.. Q distance of 111.41 feet; thence S.58'OS'53"W..
a distance ot 304.38 feet; thence S.34'13'10"[., a distance of 35.93 feet;
thence S.40.13'12"W., a distance of 143.S0 feet to the said Easterly
Right-Of-Way Une of Junior College Road; thence S.39'47'17"E.. a distance
of 135.59 feet to the point of curvature of a curve to the left, having: a
radius of 361.02 feet. 0 central angie of 14'25'40", a chord bearing of S.47'
OO'07"E. and 0 chord length of 90.67 feet; thence along the arc of said
Curve, on arc length of 90.91 feet-to the point of tangency of said curve;
thence S.5..12'57"E., 0 distance of 272.56 feet to the point of curvature of
a curve to the ric]ht. having: a radius of 265.00 feet, - a central angle of 35-
OS'OO", 0 chord bearing of S.36'39'58"E. and Q chord length of 159.82 feet;
thence along the orc of said curve. an arc length of 162.34 feet to the
point of tangency of said curve; thence S.19'06'58"E., 0 distance of 36.16
feet to the Point of Beginning.
Parcel contains 209036 square feet or 4.80 acres, more or less.
LESS
legal Description: Out Parcel:
Prepared b, Undersigned:
Be;rl9 a part of tond located on Stock Island, Monroe County. Florida and
bein9 more particularly described os follows:
leginning at coordinates of which are N 87,268.27 and E 407,559.07, based
on the United Stotes Coast and Geodetic Survey's Mercator Grid Coordinate
SyStem" Florida Eost Zone, 1983, which has for its zero coodinates a point
at, Latitude 24'20'00" North and 500,000 feet West at longitude 81'00'00".
laid point being the intersection of the Easterly Right-at-Way Une of Junior
CoMege, ROOd and the Northerly Right-of-Way Une of U.S. Highway No. 1
(State Rood No.5), at the Westerly end of Junior College Rood: thence N.70'
4O'O.3"E.. along the said Northerty Right-of-Way line of U.S. Highway No. 1
a distance of, 21.39 feet; thence N.04'20'14 "W., a distance of 78.14 feet;
thence S. 71'09'OOIY.. a distance of 44.31 feet to the said Easterly
Right-of-Way Une of Junior Cottege Rood and 0 the point on 0 curve to the
'eft, having: a radius of 265.00 feet, a central angle of 08'36'44", 0 chord
bearing of S.23'25'20"E. and a chord length of 39.79 feet: thence along the
ore of said curve, on arc ~ngth of 39.83 feet to the point of tangency of
said curve; thence S.19'06'58"E., a distance of 36.16 feett to the Point of
Beginning.' "
Parcel contains 2413.40 square feet or 0.0554 acres, more or less.
ATTACHMENT B
Docll 1531398
Bkll 2136 PgII 2457
This document prepared by:
Kristen L Coons, Esq.
Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399
Record and Return To:
FLORIDA COMMUNITIES TRUST
FF3 AWARD # 03-034-FF3
KEY WEST BOTANICAL GARDENS
FCT Contract~-CT -9G-03-F3-J1-034
o~
GRANT A WARD AGREEMENT
. . ? r 1.1. f
THIS AGREEMENT IS entered into thIS ~day 0 Jt-.~ 7 ,2005, by and between the
FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the State of Florida
Department of Community Affairs, and [name of recipient], a political subdivision of the State of
Florida ("Recipient"), in order to impose terms, conditions, and restrictions 0 n the use 0 f t he
proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds and as
described in Exhibit "A" attached hereto and made a part hereof ("Project Site"), as shall be
necessary to ensure compliance with applicable Florida Law and federal income tax law and to
otherwise implement provisions of Chapters 259.105,259.1051, and 380, Florida Statutes.
WHEREAS, Part III Chapter 380, Florida Statutes, the Florida Communities Trust Act,
creates a nonregulatory agency within the Department of Community Affairs, which will assist local
governments in bringing into compliance and implementing the conservation, recreation and open
space, and coastal elements of their comprehensive plans or in conserving natural resources and
resolving land use conflicts by providing financial assistance to local governmen~s and nonprofit
environmental organizations to carry out projects and activities authorized by the Florida
Communities Trust Act;
WHEREAS, Section 259.105(3)(c), F.S., of the Florida Forever Act provides for the
distribution of twenty- two percent (22%) less certain reductions of the net Florida Forever Revenue
Bond proceeds to the Department to provide land acquisition grants to local governments and
nonprofit environmental organizations through the FCT for acquisition of community-based projects,
urban open spaces, natural resource conservation areas, parks, greenways and outdoor recreation
areas to implement local comprehensive plans;
WHEREAS, the Bonds were issued as tax-exempt bonds, meaning that the interest on the
Bonds is excluded from the gross income of Bondholders for federal income tax purposes;
WHEREAS, Rule Chapter 9K-7, Florida Administrative Code (F.A.C.), authorizes FCT to
impose conditions for funding on those FCT applicants whose projects have been selected for
funding in accordance with Rule Chapter 9K-7, F.A.C.;
Dod 1531398
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WHEREAS, the FCT has approved the terms under which the Project Site is acquired and the
deed whereby the Recipient acquires title to the Project Site shall contain such covenants and
restrictions as are sufficient to ensure that the use of the Project Site at all times complies with
Section 375.051, Florida Statutes and Section 9, Article XII of the State Constitution and shall
contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of
the Internal Improvement Trust Fund upon the failure of the Recipient to use the Project Site
acquired thereby for such purposes; and
WHEREAS, such covenants and restrictions shall be imposed by an agreement which shall
describe with particularity the real property which is subject to the agreement and shall be recorded
in the county in which the real property is located; and
WHEREAS, the purpose ofthis Agreement is to set forth the covenants and restrictions that
are imposed on the Project Site subsequent to its acquisition with the FCT Florida Forever Bond
award.
NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, FCT and Recipient do hereby contract and agree as follows:
I. GENERAL CONDITIONS
1. Upon execution and delivery by the parties hereto, the Recipient shall cause this
Agreement to be recorded and filed in the official public records of Monroe County, Florida, and
referenced in the warranty deed vesting fee simple title to the Project Site in the Recipient, and in
such manner and in such other places as FCT may reasonably request, and shall pay all fees and
charges incurred in connection therewith.
2. The Recipient and FCT agree that the State of Florida Department of Environmental
Protection will fOIWard this Agreement to Department of Environmental Protection Bond Counsel
for review. In the event Bond Counsel opines that an amendment is required to this Agreement so
that the tax exempt status ofthe Florida Forever Bonds is not jeopardized, FCT and Recipient shall
amend the Agreement accordingly.
3. This Agreement may be amended at any time. Any amendment must be set forth in a
written instrument and agreed to by both the Recipient and FCT.
4. This Agreement and the covenants and restrictions contained herein shall run with the
Property herein described and shall bind, and the benefits shall inure to, respectively, the FCT and
the Recipient and their respective successors and assigns.
5. This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida, with respect to both substantive rights and with respect to procedures and
remedies.
Docl:l 1531398
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6. Any notice required to be given hereunder shall be given by personal delivery, by
registered mail or by registered expedited service at the addresses specified below or at such other
addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed
received on the date of delivery ifby personal delivery or expedited delivery service, or upon actual
receipt if sent by registered mail.
FCT:
Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
A TTN: Program Manager
Recipient:
~ of K~~rl-
lDoy J acr
)( 'C. 'I LJ iL..J+) FI
AT1N: 'KOj</l. lJ.~~!'3
7. If any provision of the Agreement shall be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
II. PROJECT SITE REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375,
AND CHAPTER 380, PART III, FLORIDA STATUTES
1. If any essential term or condition ofthis grant agreement is violated by the Recipient
or by some third party with the knowledge of the Recipient and the Recipient does not correct the
violation within 30 days of notice of the violation, fee simple title to all interest in the Project Site
shall be conveyed to the Board of Trustees of the Internal hnprovement Trust Fund. The FCT shall
treat such property in accordance with Section 380.508(4)(e), Florida Statutes.
2. Any transfer ofthe Project Site shall be subject to the approval ofFCT and FCT shall
enter into a new agreement with the transferee, containing such covenants, clauses, or other
restrictions as are sufficient to protect the interest of the people of Florida.
3. The interest, if any, acquired by the Recipient in the Project Site will not serve as
security for any debt of the Recipient unless FCT approves the transaction.
4. If the existence of the Recipient terminates for any reason, title to all interest in real
property it has acquired with the FCT award shall be conveyed to the Board of Trustees of the
Internal hnprovement Trust Fund, unless FCT negotiates an agreement with another local
government or nonprofit organization which agrees to accept title to all interest in and to manage the
Project Site.
5. In the event that the Project Site is damaged or destroyed or title to the Project Site, or
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any part thereof, is taken by any governmental body through the exercise or the threat of the exercise
of the power of eminent domain, the Recipient shall deposit with the FCT any insurance proceeds or
any condemnation award, and shall promptly commence to rebuild, replace, repair or restore the
Project Site in such manner as is consistent with the Agreement. The FCT shall make any such
insurance proceeds or condemnation award moneys available to provide funds for such restoration
work. In the event that the Recipient fails to commence or to complete the rebuilding, repair,
replacement or restoration ofthe Project Site after notice from the FCT, the FCT shall have the right,
in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace the Project
Site so as to prevent the occurrence of a default hereunder.
Notwithstanding any ofthe foregoing, FCT will have the right to seek specific performance
of any ofthe covenants and restrictions ofthis Agreement concerning the construction and operation
of the Project Site.
III. PROJECT SITE OBLIGATIONS IMPOSED BY FCT ON THE RECIPIENT
1. The Project Site shall be managed only for the conservation, protection and
enhancement of natural and historical resources and for passive, natural resource-based public
outdoor recreation which is compatible with the conservation, protection and enhancement of the
Project Site, along with other related uses necessary for the accomplishment of this purpose. The
proposed uses for the Project Site are specifically designated in the Project Plan as approved by FCT.
2. The Recipient shall prepare and submit to FCT an annual stewardship report as
required by Rule 9K-7.013, F.A.C.
3. The Recipient shall ensure that the future land use designation assigned to the Project
Site is for a category dedicated to open space, conservation, or outdoor recreation uses as
appropriate. If an amendment to the Recipient's comprehensive plan is required to comply with this
paragraph, the amendment shall be proposed at the next comprehensive plan amendment cycle
available to the Recipient.
4. Recipient shall ensure, and provide evidence thereofto FCT, that all activities under
this Agreement comply with all applicable local, state, regional and federal laws and regulations,
including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction
as applicable. Evidence shall be provided to FCT that all required licenses and permits have been
obtained prior to the commencement of any construction.
5. The Recipient shall, through its agents and employees, prevent the unauthorized use
of the Project Site or any use thereof not in conformity with the FCT approved project plan.
6. FCT staff or its duly authorized representatives shall have the right at any time to
inspect the Project Site and the operations ofthe Recipient at the Project Site.
7. All buildings, structures, improvements, and signs shall require the prior written
approval of FCT as to purpose. Further, tree removal, other than non-native species, and/or major
Doca 1531398
Bka 2136 Pga 2461
land alterations shall require the written approval ofFCT. The approvals required from FCT shall
not be unreasonably with-held by FCT upon sufficient demonstration that the proposed structures,
buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the
natural resources of the Project Site. The approval by FCT of the Recipient's management plan
addressing the items mentioned herein shall be considered written approval from FCT.
8. If archaeological and historic sites are located on the Project Site, the Recipient shall
comply with Chapter 267, Florida Statutes. The collection of artifacts from the Project Site or the
disturbance of archaeological and historic sites on the Project Site will be prohibited unless prior
written authorization has been obtained from the Department of State, Division of Historical
Resources.
9. The Recipient shall ensure that the Project Site is identified as being publicly owned and
operated as a passive, natural resource-based public outdoor recreational site in all signs, literature
and advertising regarding the Project Site. The Recipient shall erect a sign(s) identifying the Project
Site as being open to the public and as having been purchased with funds from FCT and Recipient.
IV. OBLIGATIONS INCURRED BY RECIPIENT AS A RESUL T OF BOND
PROCEEDS BEING UTILIZED TO PURCHASE THE PROJECT SITE
1. If the Project Site is to remain subject, after its acquisition by the State and the
Recipient, to any of the below listed activities or interests, the Recipient shall provide at least 60
days written notice of any such activity or interest to FCT prior to the acti vity taking place, and shall
provide to F CT such information with respect t hereto as FCT reasonably requests in order to
evaluate the legal and tax consequences of such activity or interest:
organization;
a. any lease of any interest in the Project Site to a non-governmental person or
b. the operation of any concession on the Project Site to a non-governmental
person or organization;
c. any sales contract or option to buy things attached to the Project Site to be
severed from the Project Site, with a non-governmental person or organization;
d. any use of the Project Site by non-governmental persons other than in such
person's capacity as a member of the general public;
e.
organization; and
a management contract of the Project Site with a non-governmental person or
f. such other activity or interest as may be specified from time to time in writing
by FCT to the Recipient.
2. Recipient agrees and acknowledges that the following transaction, events, and
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circumstances may not be permitted on the Project Site as they may have negative legal and tax
consequences under Florida law and federal income tax law:
a. a sale of the Project Site or a lease of the Project Site to a non-governmental
person or organization;
b. the operation of a concession on the Project Site by a non-governmental
person or organization;
c. a sale ofthings attached to the Project Site to be severed from the Project Site
to a non-governmental person or organization;
d. any change in the character or use of the Project Site from that use expected at
the date of the issuance of any series of bonds from which the disbursement is to be made;
e. any use of the Project Site by non-governmental persons other than in such
person's capacity as a member ofthe general public;
f.
organization; and
a management contract of the Project Site with a non-governmental person or
g. such other activity or interest as may be specified from time to time in writing
by FCT to the Recipient.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND
OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON
GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WilL
IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE
CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING
BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY
THE CONTRACTING PARTY.
V. CONDITIONS THAT ARE PARTICULAR TO THE PROJECT SITE AS A RESULT
OF THE FCT APPROVED MANAGEMENT PLAN
The management plan for the Project Site is mentioned throughout this Agreement, and is
particularly described in Section N. above. In addition to the various conditions already
described in this Agreement, which apply to all sites acquired with FCT funds, the Management
Plan shall address the following conditions that are particular to the Project Site and result from
either representations made in the application that received scoring points or observations made
by the FCT staff during the site visit described in Rule 9K-7.009(1), F.A.C.:
1. Two or more resource-based outdoor recreational facilities including covered picnic
pavilion and walking trails and two or more user-oriented outdoor recreation facilities including a
playground and gaming tables shall be provided at the Project Site. The facilities shall be
Docll 1531398
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designed and located with minimal impact to natural resources on the Project Site.
2. A permanent recognition sign shall be maintained in the entrance area ofthe Project Site.
The sign shall acknowledge that the Project Site is open to the public and was purchased with
funds from the Florida Communities Trust and the City of Key West.
3. Interpretive signage shall be provided to educate visitors about the natural environment
and unique history of the Project Site.
4. At least 24 environmental education classes or programs shall be conducted annually at
the Project Site by trained educators or resource professionals.
5. A staffed nature center that provides year- round education programming shall be
established on the Project Site.
6. The canopy trees on the Project Site shall be preserved and appropriately managed to
ensure the long-term viability of the trees.
7. The Project Site shall be managed in a manner that protects and enhances habitat for
native wildlife species that utilize or could potentially utilize the site, including the Stock Island
tree snail. The development of the management plan shall be coordinated with the Fish and
Wildlife Conservation Commission=s Office of Environmental Services to ensure the
preservation and viability of native wildlife species and their habitat. Periodic surveys shall be
conducted to ensure that site management is compatible with the listed species using the Project
Site.
8. The water quality of Florida Bay adjacent to the Project Site shall be protected and
enhanced. The City shall implement a plan to improve water quality in the area including the
removal of several existing structures and asphalt parking areas.
9. Any proposed stormwater facility for the Project Site shall be designed to provide
recreational open space or wildlife habitat.
10. Approximately 4 acres, shall be landscaped with native plant species to enhance the
function and appearance of the Project Site.
11. An ongoing monitoring and control program for invasive vegetation including exotic
(non-native) and nuisance native plant species shall be implemented at the Project Site. The
objective of the control program shall be the elimination of invasive exotic plant species and the
maintenance of a diverse association of native vegetation. The Management Plan shall reference
the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying
invasive exotics on the Project Site.
12. A feral animal removal program shall be developed and implemented, as necessary, for
dogs, cats, ducks, and other non-native wildlife that may be found on the Project Site.
Docla 1531398
Bka 2136 Pga 2464
13. Prior to the commencement of any proposed development activities, measures shall be
taken to determine the presence of any archaeological sites. All planned activities involving
known archaeological sites or potential site areas shall be closely coordinated with the
Department of State, Division of Historic Resources in order to prevent the disturbance of
significant sites.
14. The location and design of the parking and other site improvements shall have minimal
impact on natural resources. The parking area shall incorporate pervious material wherever
feasible.
15. Pedestrian and bicycle access to the Project Site shall be promoted through the provision
of pedestrian. oriented walkways and bicycle facilities that link the Project Site with City sidwalk
and bike trail network.
16. The Project Site shall be managed as an addition to the Key West Botanical Gardens.
17. The Project Site shall be developed and managed as a support parcel of the Overseas
Heritage Trail recreational trail system and include trailhead facilities.
18. The Project Site shall be protected and managed as part ofIinked conservation lands and
recreation opportunities along the Florida Keys Paddeling Trail
19. Proposed site improvements shall be designed and located to minimize or eliminate the
long term risk of storm damage or flooding in conjunction with appropriate hazard mitigation
agencies or experts.
20. The requirements imposed by other grant program funds that may be sought for activities
associated with the Project Site shall not conflict with the terms and conditions of this
Agreement.
This Agreement including Exhibit "A" embodies the entire agreement between the parties.
GAA \03-034- FF3
June 29, 2005
8
Doca 1531398
Bka 2136 Pga 2465
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement.
1:roL~~
Print Name: MadlfIJ...- LluJallln
~~~~
t..J4.J]
Date:
APprovedtZt1orm ~d Legality:
By: f -c:-.. t-f- c-e
Print Name: 'RO~1e'Q, -(l5(HE fU~~L
STATE OF FLORIDA
COUNTY OF MONROE
rego' instrum~o~efOremethiS~ ~ '
I!' , as H Ak:1. nee J :t'tc~ I e..,;!/ on
cal Gove ent, and who is personally known to me.
Pearline R. Lewis
I SlON # 00154416 EJGlIIB
tember 30, 2006
8ONllElllHRUTIlOY FAW Nl.tANCf, IIC
GAA \03-034-FF3
June 29, 2005
9
Docll 1531398
Bkll 2136 PglI 2466
Witness:
STATE OF FLORIDA
COUNTY OF LEON ...n-,
Cltf"~
The foregoing instrument was acknowledged before me this ~ day 0
2005, by Janice Browning, Division Director, Housing and ommunity Dev
personally known to me.
Not
Print Name: . .~\,\,"II""'III"
"A~" 3-\.11::; 0/2 '''1:
Commissio ~'t:;'(,~?~;j#il~t?n' ~s
~ . . "",,'. ..,~."
My Comm' lith 5:".~"'-:;_
~ ~ ... 6OS85 LOO" -~ '(.. ~
:: . 11". Z -:::;'
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~ .. ~ e- '9 'iO:()"\i. t'"\. "f .. ~
~ . ':f'~ ~ ~.J . ......
~ .... NOISS\If'\~." ,ff
. ~",t~'8' ~ 'a\~~ii) ,\"'~~
:111111/111111'\'\
GAA \03-034-FF3
June 29, 2005
10
EXHIBIT A
Doca 1531398
Bka 2136 Pga 2467
8eing- Q- pQrt~f~~d I~ated on Stock Island, Monroe County, Florida and.
being more particularly described os follows:
!teginning at coordinate. of which are N 87,268.27 and E 407,559.07, based
OR ttt. United Stotes Coost and Geodetic Survey's Uercator Grid Coordinate
!yst..-n, FIoricfD East Zone, 1983, which has for its zero coodinotes a point
at latitude 24-20'00" North and 500,000 feet West of longitude 81'00'00",
IOfd point beirnJ the intersection of the Easterly Right-of-Way Une of Junior
Cof~ Rood and the Northerly Right-at-Way line ot U.S. Highway No. 1
(State Road No.5), at the Westerly end of Junior College Road; ; thence
N.70"40'03"E., along the said Northerly Right-at-Way line of U.S. Highway
No. 1 0 distance of 21.39 feet; thence N.04'20'14 "W., a distance at 784.40
'eet; thence S.89-21'OJ"W., a distance of 111.41 feet; thence S.58"05'53"W.,
a distance of 304.38 feet; thence S.34"13'10"E., a distance of 35.93 feet;
thence S.40-13'12"W., a distance of 143.60 feet to the said Easterly
Right-at-Way Line of Junior College Road; thence S.39"47'17"E.; 0 distance
of 1 35.59 feet to the point of curvature of a curve to the left, having: 0
radius of 361.02 feet. a centrol ong'e of 14"25'40", a chord bearing at S.47"
OO'07"E. and a chord length of 90.67 feet; thence along the arc of said
curve, an arc length at 90.91 teet to the point of tangency of said curve;
thence S.54"12'57"E., 0 distance at 272.56 feet to the point of curvature of
o curve to the right, having: a rodius of 265.00 feet, 0 centrol angle of 35"
06'00., a chord bearing of S.36"39'58"E. ond Q chord length ot 159.82 feet;
thence olong the arc of said curve. on arc length of 162.34 feet to the
point of tongency of said curve; thence S.19'06'58"E.. a distance of 36.16
teet to the Point of Beginning.
Porcel contains 209036 square feet or 4.80 acres, more or less.
lESS
Legof Description: Out Parcel:
Prepore~ by Undersigned:
Being 0 part of land located on Stock Island, Monroe County, Florida and
btin9 more particulorly described as follows:
hvinning et coordinates of which ore N 87,268.27 and E 407,559.07, based
on th4t United States Coast ond Geodetic Survey's Mercator Grid Coordinate
System,. Florida [Qat Zone, 1983, which has for its zero coodinates 0 point
at latitude 24-20'00. North ond 500,000 feet West of longitude Bl'OO'OO",
acid point being the intersection of the Easterly Right-at-Way Une of Junior
C~. Rood and the Northerly Right-of-Way Une of U.S. Highway No. 1
(State Rood No.5), at the Westerly end of Junior College Road; thence N.70"
4O'03"E., along the soid Northerty Right-ot-Way line of U.S. Highway No. 1
a distance of. 21.39 teet; thence N.04"20'14 "W., a distance of 7B.14 feet;
thence S.71"09 '00 "W., a distance of 44.31 feet to the said Easterly
Right-of-Way Line of Junior College Road and 0 the point on 0 curve to the
left, having; 0 radius of 265.00 teet. 0 centrol angle of 08"36'44". a chord
bearing of S.23"25'20"E. ond 0 chord length of 39.79 feet; thence along the
arc of said curve, an arc length of 39.8.3 teet to the paint of tongency of
said curve; thence S. 1 ~06'58"[., a distance of 36.16 feett to the Point of
Beginning.' .
Parcel contains 2413.40 square feet or 0.0554 acres, more or less.
ATTACHMENT C
Doc" 153139p8" 2468
ek" 2136 9
Legal Description: (Ingress/Egress & Utility Easement):
Prepared by undersigned:
Being a part of land located on Stock Island, Monroe County, Florida and
being more particularly described as follows:
Beginning at coordinates of which are N 87,268.27 and E 407,559.07, based
on the United States Coast and Geodetic Survey's Mercotor Grid Coordinate
System, Florida East Zone, 1983, which has for its zero coodinotes a point
at Latitude 24'20'00" North and 500,000 feet West of Longitude 81'00'00.,
said point being the intersection of the Easterly Right-or-Way line of Junior
College Road and the Northerly Right-'of-Way Line of U.S. Highway No.1
(State Road No.5), at the Westerly end of Junior College Rood; ; thence
N.70'40'03"E.. olong the soid Northerly Right-ot-Way Line of U.S. Highway
No. 1 a distance of 21.39 feet; thence N.04'20' 14 ..w., a distance of 784.40
feet; thence S.89'21 '03"W., a distance of 111.41 feet; thence S.58'OS'S3"W..
a distance of 304.38 feet; thence S.34'13'10"E., a distance of 35.93 feet to
the Point of Beginning; thence continue S 34'13'10" E for a distance of
46.61 feet; thence S 34'45'03" W for a distance of 142.04 feet to the
Northeasterly Right-of-Way Line of Junior College Road; thence N 39'47'17"
W along the said Northeasterly Right-of-Way Line of Junior College Rood for
59.34 feet; thence N 40'13'12" E for a distance of 143.60 feet to the Point
of Beginning.
Parcel contains 7286.10 square feet or 0.167 acres, more or less.
ATTACHMENT D
Doc.. 1531398
Sk.. 2136 Pg.. 2469
GRANT OF CONSERVATION EASEMENT
THIS GRANT OF EASEMENT is made on this .:l~~ day of 3\4\~ ,20 os: by
the City of Key West, a municipal corporation existing under the laws bf Flonda, Grantor, to
Monroe County Comprehensive Plan Land Authority, a land authority under Section
380.0663(1), Florida Statutes and Monroe County Ordinance No. 031-1986, whose address is
1200 Truman Avenue, Suite 207, Key West, Florida 33040, as Grantee.
Recitals
A) The Grantor is the owner of certain real property (the servient estate) located in Monroe
County, Florida, known as the Key West Botanical Garden Addition property located at 5100
College Road on Stock Island and more particularly described in Exhibit A.
B) This easement is a conservation easement created pursuant to Section 704.06, Florida
Statutes, and is to be governed by, construed, and enforced in accordance with that statute
along with applicable laws of the State of Florida.
1 . Grant of easement.
In consideration for the sum of Ten and 00/100 Dollars ($10.00) and other good and
valuable considerations to said Grantor in hand paid by said Grantee, the receipt of
which is hereby acknowledged, the Grantor hereby grants to Grantee the easement
described below.
2. Easement area.
The location of the easement area on the servient estate is as follows: all of the Key
West Botanical Garden Addition property located at 5100 College Road on Stock Island
and more particularly described in Exhibit A.
3. Restraints imposed by the conservation easement.
The conservation easement granted by this instrument imposes the following restrictions
on the future use of the servient estate within the easement area: use of the property
shall be limited to development as an addition to the Key West Botanical Garden
providing public access, public recreation, and wildlife habitat consistent with those
restrictions in the Grant Award Agreement between the Ci!y of Key West and Florida
Communities Trust as recorded in Official Record Book ~ 1""::>'- ,PageC;;<4:J7 ,Public
Records of Monroe County, Florida.
4. Terms and persons bound.
This conservation easement is perpetual, subject to Recital B.9., runs with the land and
is binding on all present and subsequent owners of the servient estate. Grantor
represents that the mortgagee(s), if any, whose consent is attached hereto, is (are) the
only mortgagee(s) having a security interest in the servient estate.
5. Modification of easement.
No modification of this easement is binding unless approved in writing by Florida
Communities Trust, evidenced in writing and signed by an authorized representative of
the Grantee and Grantor.
Page 1 of 2
Doca 1531398
Bka 2136 Pga 2470
6. Attorney's fees.
In the event of any controversy, claim or dispute anslng under this instrument, the
prevailing party shall be entitled to recover reasonable attorney's fees and costs,
including appeals.
7. Entry of Grantee's representative on the servient estate.
The Grantee may enter upon the servient estate, after first furnishing the Grantor no less
than 24 hours notice, for the purpose of inspection to determine the Grantor's
compliance with this Grant of Easement.
8. Notice.
Any notice provided for or concerning this grant of easement must be in writing and is
sufficiently given when sent by certified or registered mail, or via an equivalent service
furnished by a private carrier, to the respective address of each party as set forth at the
beginning of this Grant of Easement.
9. Termination of easement.
In the event the Board of Trustees of the Internal Improvement Trust Fund takes title to
the servient estate pursuant to sections 380.508(4)(d) or (e), Florida Statutes, this
easement shall be terminated.
IN WITNESS WHEREOF, Grantor of this Grant of Easement has caused it to be executed on
the date in the first sentence of this Grant of Easement.
./ . 'City-~y West
!
~~K
(IJ t #4
~1 ~. '. JtJd~
Witness
!
lLnD u....)'L
,
rsonally known
as
)lLl~ (
Page 2 of 2
EXHIBIT A
Doc" 1531398
Bk.. 2136 Pg" 2471
Being 0- pClrt of-kJ;'-cT l~ated on Stock Island. Monroe County, Florida and
being more particularly described as follows:
8eginnin~ at coordinate. of which are N 87.268.27 and E 407,559.07, based
011 ttte Unltwt States Coast and Geodetic Survey's Mercator Grid Coordinate
~em, FIorick>> East Zone. 1983, which has for its zero coodinates 0 point
at LatitucM 24'20'00" North and 500,000 feet West of Longitude 81'00'00",
80fd point bei~ the intersection of the Easterly Right-at-Way line of Junior
Col~ Rood and the Northerly Right-of-Way Line of U.S. Highway No. 1
(State Rood No.5), at the Westerly end of Junior College Road; : thence
N.70"40'O.rE., along the said NortheMy Right-of-Way Line of U.S. Highway
No. 1 0 distance of 21.39 feet; thence N.04'20'14 "W., a distance of 78~.40
feet; thence S.89'21'03"W., Q distance of 111.41 feet; thence S.58'05'53"W.,
a distance at 30~.38 feet; thence S.3~'13'10"E., 0 distance of 35.93 feet;
thence S.4<T 13'12"w., a distance of 143.60 feet to the said Easterly
Right-of-Way line of Junior College Road; thence S.39'~7'17"E'i a distance
of 135.59 feet to the point of curvature of a curve to the left, having: a
radius of 361.02 feet. a central ang'e of 14'25'40", a chord bearing of S.47"
OO'07t:. and a chord length of 90.67 feet; thence along the arc of said
curve, on arc length of 90.91 feet.to the point of tangency of said curve;
thence S.54'12'57"E., a distance of 272.56 feet to the point of curvature of
a curve to the right, having: a radius of 265.00 feet, 0 central angle of 35'
06'00., a chord bearing of S.36439'58"E. and Q chord length of 159.82 feet;
thence along the ore of said curve, an arc length of 162.34 feet to the
point of tangency of said curve; thence S.19'06'5S"E., 0 distance of 36.16
feet to the Point of Beginning.
Parcel contains 209036 squOf'e feet or 4.80 acres, more or less.
LESS
Legal Description: Out Parcel:
Prepore~ b~ \lndersic)ned:
Being 0 port of kmd located on Stock Island, Monroe County. Florida and
btin9 more particularly described 08 follows:
~;nnin9 at coordinate. of which ore N 87,268.27 and E 407,559.07, based
on the United States Coast and Geodetic Surv.y' 8 Mercator Grid Coordinate
System,. Florida East Zone, 1983, which has for its zero coodinates a point
at Latitude 24'20'00. North and 500,000 teet West of Longitude 81'00'00",
.aid point being the intersection of the Easterly Right-at-Way line of Junior
~ Rood and the Northerly Right-at-Way Une at U.S. Highway No. 1
(Stat. Rood No.5). at the Westerly end of Junior Colfege Road; thence N.70'
4O'03"E., a'on9 the said Northerly Right-of-Way line of U.S. Highway No. 1
a distance of 21.39 feet; thence N.04'20'14"W., a distance of 78.14 feet;
thence S. 71'09'OO"W.. a distance of 44.31 feet to the said Easterly
Right-of-Way Line of Junior Coffege Road and a the point on 0 curve to the
'eft, having: a radius of 265.00 feet, a central angle of OS'36'44". a chord
bearing of S.23'25'20"E. and a chord length of 39.79 feet; thence along the
arc of !!laid curve, on arc ~ngth of 39.83 feet to the point of tangency of
said curve; thence S.19'06'5S.E., a distance of 36.16 feett to the Point of
Beginning.' .
Parcel contains 2413.40 square feet or 0.0554 acres, more or less.
110NROE COUNTY
OFFICIAL RECORDS