HomeMy WebLinkAboutItem #06 Approval of Grant Easement Agreement to SJRWMD to Establish Wetlands Monitoring Site with Biological Data Transects at Prairie Lake Park 41E4
ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: August 2, 2016
Item # 7
Reviewed By: Oft
Contact Name: Charles Smith Department Director: Charle Smit
Contact Number: 407-905-3159 City Manager: Robert Fra
L �
Subject: Grant Easement Agreement to SJRWMD to Establish Wetlands •nitoring Site ith
Biological Data Transects at Prairie Lake Park— (District 4 Commissioner Keller)
Background Summary:
The Central Florida Water Initiative (CFWI) is a collaborative planning effort between multiple
regulatory agencies such as SJRWMD (St. Johns River Water Management District), SFWMD,
SWFWMD, FDEP, FDACS, as well as water utilities and others, to ensure sustainable water supply
without causing unacceptable harm to water resources and natural systems. An objective of the CFWI
is to establish a regional monitoring network in order to support both technical and regulatory
activities.
The CFWI Data, Monitoring and Investigations Team (DMIT) was established to develop and maintain
available hydrologic, environmental and other pertinent data in the region. DMIT selected Prairie Lake
as a potential Regional monitoring site due to many factors, primarily that the lake was included in the
CFWI-Environmental Assessment Team's initial work evaluating existing conditions of water resources
within the CFWI area; the lake's location and accessibility; as well as the lake type and surrounding
landscape condition.
On behalf of the CFWI, St. Johns River Water Management District is requesting an Easement to
establish two (2) wetland vegetation transects in Prairie Lake Park for a Wetlands Monitoring Site.
There is already a surficial aquifer monitoring well near the west property line of the Prairie Lake Park
where ground water elevation and samples can be taken to support the transect areas. Granting of
this Easement shall not restrict the City's current or future use(s) of the park's facilities.
Additionally, the District's work will be limited to the collection of biological samples and hydrologic
data from the already existing vegetation and monitoring well on a periodic basis. Between sampling
periods, one would not be able to tell that the areas are transects as any earth that is disturbed to
temporarily stake the boundaries and collect said data will be backfilled to original conditions.
Both the City Attorney and Parks & Recreation Director have reviewed the Agreement. Utilities
Director Smith is available to answer any questions.
Issue:
Should the Mayor and Commission approve the Easement Agreement by and between St. Johns
River Water Management District and the City of Ocoee?
Recommendations:
Motion for Mayor and Commission to approve the Easement Agreement by and between St. Johns
River Water Management District and the City of Ocoee and authorize the Mayor to execute the
Agreement.
Attachments:
• (2) Original copies of the "Easement Agreement—Wetlands Monitoring Site" between the City
of Ocoee and St. Johns River Water Management District for execution
• Exhibit A: Map of the Existing Surficial Aquifer Monitoring Well
• Exhibit B: Transect Locations Map
Financial Impact:
There is no financial impact attached to approval and execution of this Agreement.
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion& Direction
X Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
2
EASEMENT AGREEMENT
Wetlands Monitoring Site
THIS EASEMENT AGREEMENT is made and entered into this day of
, 2016, by City of Ocoee, a municipal corporation existing under the laws
of the State of Florida, hereinafter referred to as "GRANTOR", and the St. Johns River
Water Management District, a public body existing under Chapter 373, Florida Statutes,
hereinafter referred to as "GRANTEE."
GRANTOR is the fee simple owner of certain real property, known as "Prairie
Lake," Parcels# 04-22-28-7357-00-001 and 09-22-28-7241-06-002, located in City of
Ocoee, Florida, as depicted in the attached Exhibit"A."
WHEREAS, GRANTOR and GRANTEE are participants in the Central Florida
Water Initiative (CFWI), a collaborative water supply planning effort to protect, conserve
and restore water resources in a 5,300 square-mile area.
GRANTEE desires to utilize GRANTOR'S property to gather water level data
from an already existing surface water monitoring well and establish two transects to
collect biological and hydrologic data.
GRANTOR desires to grant an easement to GRANTEE for that purpose.
NOW THEREFORE, for and in consideration of the terms, conditions, and
mutual covenants contained in this Easement Agreement, GRANTOR and GRANTEE
agree as follows:
1. GRANTOR grants to GRANTEE, its agents, representatives, and employees the
non-exclusive right, privilege, and permission to use the property depicted in Exhibit "B"
("Easement Area"),to establish two biological data transects 40 feet wide from uplands
to the water's edge of Prairie Lake. The transects involve setting boundary points
consisting of the landward extent of surface waters,the landward extent of wetlands,
using the wetland/surface water delineation rule (chapter 62.340, FAC), as well as the
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landward extent of a hydric soil indicator at surface and the landward extent of a muck
soil indicator at surface, as appropriate. Any biological indicators of ordinary high water
lines (OHWL) will also be identified. The boundary point locations will be staked with a
wood stake and the location of the OHWL will be flagged. Any shallow holes dug to
describe soil characteristics will be backfilled to natural grade. Any holes that will be left
temporarily open or exposed shall be reasonably protected to prevent accident or injury.
The location and elevation of any of the boundary points and OHWL indicators will be
surveyed for elevation and location data. The characteristics of the vegetation at each of
the boundary points will also be described by coverage percentages following
establishment of each boundary point. Photographs will be taken to document the
boundary points as well as vegetative conditions at the time of data collection. Any wood
stakes and flagging tape will be moved once the survey work is completed. Ground
water data will be downloaded on a monthly basis utilizing the existing surficial aquifer
water level monitoring well that is located on the Grantor's property. The boundary point
transects will be repeated on a five-year cycle, for at least a 20-year period.
2. This Easement Agreement will continue in full force and effect for as long as the
District continues to use the Easement Area for a wetlands monitoring site as permitted in
this Agreement.
3. This Easement Agreement is subject to revocation by the GRANTOR upon 120
days written notice and time to cure if the Easement Area is not utilized for the purposes
outlined in this Easement Agreement.
4. GRANTOR retains the right to use the Easement Area in any manner not
inconsistent with the rights granted to GRANTEE, as well as any manner in conjunction
with GRANTOR'S current use of Prairie Lake or its facilities. In addition, should
GRANTOR wish to utilize the Easement Area at any time in the future, its use shall not
impact the GRANTEE'S functional use and/or operation of the Easement Area, and shall
be consistent with all regulatory requirements.
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5. In consideration of the privileges granted in this Easement Agreement,
GRANTEE shall not claim any damages from GRANTOR in connection with or on
account of any injuries or damages arising in or on the Easement Area while being used
by GRANTEE and its agents, representative, and employees. GRANTEE shall maintain
a program of insurance covering its liabilities as prescribed by Section 768.28, Florida
Statutes (2016), and subject to that statute is responsible for the acts or omissions of its
officers and employees, if such acts or omissions result in injury to persons or damage to
property. GRANTOR does not warrant or represent that the Easement Area is safe or
suitable for the purpose for which GRANTEE is permitted to use it.
6. Prior to initial use of the Easement Area by GRANTEE, GRANTEE shall give the
City of Ocoee Program Manager at least seventy-two hours' notification.
7. GRANTEE shall provide GRANTOR copies of the monitoring results, upon
request.
8. GRANTEE shall not invite the general public to access, utilize, or go upon the
Easement Area. GRANTOR shall not be held liable for unauthorized, third party use of
and/or damage to the Easement Area.
9. Clearing of vegetation by GRANTOR during installation or removal of the
transects without the consent of the GRANTEE is prohibited.
10. Upon termination of this Easement Agreement, GRANTEE shall immediately
remove all equipment, accessories, and material owned by GRANTEE from the
Easement Area, at GRANTEE'S expense.
12. This Easement Agreement may neither be assigned nor transferred without prior
written approval of GRANTOR.
13. This Easement Agreement embodies the entire understanding of the parties and
there are no further agreements or understandings, written or oral, in effect between the
parties relating to the subject matter of this Easement Agreement. This instrument may
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be amended or modified by an instrument of equal formality signed by the respective
parties.
14. For purposes of this Easement Agreement, all notification must be provided as
follows:
Lance D. Hart, Technical Coordinator, Division of Regulatory Services and
Ramesh Buch, Chief, Bureau of Real Estate Services
St. Johns River Water Management District
4049 Reid Street
Palatka, Florida 32177
lhart@sjrwmd.com (386) 329-4219
rbuch @sjrwmd.com (386) 329-4335
Charles Smith, Utilities Director
City of Ocoee
1800 A D Mims Road
Ocoee, FL 34761
Csmith@ci.ocoee.fl.us (407) 905-3159
15. The following special conditions apply to this Easement Agreement:
a. GRANTOR shall not physically disturb the well casings, data loggers, or
covers (water meter boxes) in any way without prior approval from GRANTEE.
b. Prior to entering the Easement Area, GRANTEE shall notify the
GRANTOR.
(The remainder of this page was intentionally left blank.)
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IN WITNESSETH WHEREOF,the parties have caused this Easement Agreement to be
executed on the day and year first above written.
ATTEST: GRANTOR, CITY OF OCOEE, FLORIDA
By:
City Clerk Rusty Johnson, Mayor
(SEAL) APPROVED BY THE CITY OF OCOEE
COMMISSION IN A MEETING HELD ON
, 2016
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
, 20 .
SHUFFIELD, LOWMAN & WILSON, P.A.
City Attorney
GRANTEE, ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
By: (SEAL)
Signature of Witness Ann B. Shortelle, Ph.D.
Executive Director
Print or type name
Signature of Witness
Print or type name
Approved as to Form and Legality
By:
Office of General Counsel
St. Johns River Water Management District
LA#2016-002-PC Page 5
,
Exhibit A—Map
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" Absolute Scale
Exhibit A: Monitor Well Location Map w .- E Absolute
Site Name: Prairie Lake,
Orange County District Overview Map Relative Scale
i
&General Site Location 1 inch=800 feet
The St. Johns River Water
Management District prepares
and uses Information for its own
purposes and this information
may not be suitable for other
Monitoring Site Wells purposes. This Information Is
provided "as is"- Further
e documentation of this data
can be obtained by contacting.
St. Johns River Water
Management District, GIS Analyst,
Division of Information Technology-
LA #2016-002-PC Page 6
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EXHIBIT B
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Exhibit B: Transect Locations Map " Absolute Scale
"f Q 5 1.9,600
Site Name: Prairie Lake, Iti
Orange County District Overview Map Relative Scale
&General Site Location 1 inch=800 feet
The SL Johns River Water
Management District prepares
and uses information for its own
purposes and this information
may not be suitable for other
purposes. This information is
Monitoring Site Transects provided "as is". Further
documentation of this data
_ _ can be obtained by contacting_
St. Johns River Water
Management District, GIS Analyst,
Division of Information Technology.
LA#2016-002-PC Page 7