HomeMy WebLinkAboutItem III (E) Approval of Conservation Easement for Gopher Tortoise Habitat, 240 acre Effluent Disposal Site/Golf Course AGENDA 4-20-93
Item III E
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" M„ �.............�_�••,�-
Ocoee S.SCOTT VANDERGRIFT
(r'"r °_ CITY OF OCOEE ISSIONERS
RUSTYJIIOHNSON
w • �- 150 N.LAKESHORE DRIVE PAUL W.FOSTER
v O OCOEE,FLORIDA 34761 VERN COMBS
...:. 14.111
`2Ct (407)656-2322 SAM WOODSON
OF GOO `� CiTY MANAGER
ELLIS SHAPIRO
MEMORANDUM
TO: The Honorable Mayor and Board of City Commissioners �,
FROM: Montye Beamer, Director of Administrative Service's M/3”
DATE: April 16, 1993
SUBJECT: CONSERVATION EASEMENT, 240-ACRE EFFLUENT DISPOSAL
SITE/GOLF COURSE
As indicated at the April 6, 1993, Commission meeting, the Florida Game and Fresh Water Fish
Commission has accepted the proposed areas in the 240 acre effluent disposal site/Golf Course
as the habitat for the gopher tortoise. These areas include 34.36 acres (more or less) and are
so defined in the attached conservation easement.
This easement is a condition of the permit issued by Game and Fresh Water Fish Commission
and, as such, must be formalized by a City Commission vote and then recorded. Staff
recommends approval. The City Attorney has developed the necessary language.
Action Requested
The Mayor and City Commission approve the Conservation Easement at the 240-acre effluent
disposal site/Golf Course as drawn and authorize the Mayor and City Clerk to execute.
MEB:fdg
MEB.1/11
Prepared By/
Return To:
Paul E. Rosenthal, Esquire
Foley & Lardner
111 North Orange Avenue, Suite 1800
P.O. Box 2193
Orlando, FL 32802-2193
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT was made and entered into this
day of , 1993 , by the CITY OF OCOEE, a Florida
municipal corporation, whose mailing address is 150 North Lakeshore
Drive, Ocoee, Florida 34761 (hereinafter referred to as "Grantor") ,
and the FLORIDA GAME and FRESH WATER FISH COMMISSION, a public
body, whose mailing address is 620 South Meridian Street,
Tallahassee, Florida 32399-1600 (hereinafter referred to as
"Grantee") .
WITNESET H:
WHEREAS, subject to the terms and conditions hereinafter
set forth, Grantor solely owns in fee simple certain real property
in Orange County, Florida, more particularly described in Exhibit
"A" attached hereto and by this reference incorporated herein ("the
Property") .
WHEREAS, Grantor hereby agrees to maintain the Property
as a conservation area to preserve gopher tortoise habitat.
WHEREAS, this Conservation Easement satisfies the
requirement set forth in Condition 1 of Permit No. ORA-2 issued by
Grantee.
NOW, THEREFORE, in consideration of the above and other
good and valuable consideration, the receipt of which is hereby
acknowledged, Grantor for itself and its successors and assigns,
hereby gives and grants to Grantee a Conservation Easement pursuant
to Section 704 . 06, Florida Statutes, over the Property.
1. Purpose. The purpose of this Conservation Easement is to
protect 34 . 36 acres, more or less, of gopher tortoise habitat.
2 . Prohibitions. Except as specifically authorized by
Permit No. ORA-2 or any subsequent permit which may be issued by
Grantee, the following activities are hereby prohibited on the
Property:
a. Construction or placing of buildings, - roads,
utilities, or other structures on or above the
ground except for the following:
(1) placing of an access road between the
locations on the Property commonly known as the
"second green" and the "third tee" ;
(2) placing of an access road between the
locations on the Property commonly known as the
"seventh green" and the "eighth tee" ;
(3) placing of an access road between the
locations on the Property commonly known as the
"thirteenth green" and "fourteenth tee"; and
(4) installation of an irrigation main and
associated power source in an alignment
substantially similar to the alignment of one of
the access roads identified above;
b. Removal or harvesting of trees or timber;
c. Agricultural activities;
d. Surface mining; and
e. Any other activity that would have the effect of
reducing the long term value of the property for
the conservation of gopher tortoises and gopher
tortoise habitat.
3 . Grantee's Rights. Upon the effective date of this
Conservation Easement, Grantee, through its representatives, shall
be authorized and entitled to enter the Property in a reasonable
manner and at reasonable times to ensure compliance with the terms
of this Conservation Easement.
4. Reserved Rights. Grantor reserves unto itself, and
its successors and assigns, all rights accruing from its ownership
of the Property, including the right to engage in or permit or
invite others to engage in all uses of the Property that are not
expressly prohibited herein and are not inconsistent with the
purpose of this Conservation Easement.
5. Eminent Domain. If the proposed Western Beltway
right-of-way through the Property is acquired by the Florida
Department of Transportation (FDOT) or other road building
authority, Grantor will provide offsite habitat compensation equal
to the sum of the Conservation Easement acreage acquired, any
Conservation Easement acreage remaining west of the right-of-way,
and any Conservation Easement acreage contiguous to and east of the
right-of-way that is less than 50 feet in width, either by:
2
a. purchase of a parcel of gopher tortoise
habitat of the proper size adjacent to public
lands that are managed in a manner compatible
with gopher tortoise conservation and transfer
ownership of the parcel to the public
landowner in accordance with the conditions of
that landowner; or
b. contribution to the acquisition of the appropriate
number of acres by paying into the Fish and
Wildlife Habitat Trust Fund, East Central Florida
Account. The cost per acre will be that in effect
at the time of purchase.
Grantor shall provide the specified amount of off site
compensation set forth above within forty-five (45) days from the
date title to all or part of the land encumbered by this
Conservation Easement is conveyed to the FDOT or other road
building authority. This Conservation Easement will be released
and terminated by Grantee for that portion of the land conveyed to
the FDOT or other road building authority upon receipt by Grantee
of the specified offsite compensation set forth above.
6. Acts Beyond Grantor's Control. Nothing contained in
this Conservation Easement shall be construed to entitle Grantee to
bring any action against Grantor for any injury to or change in the
Property resulting from natural causes beyond Grantor's control,
including, without limitation, fire, flood, storm and earth
movement, or from any action taken by Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to the
Property resulting from such causes.
7. Assignments. This Conservation Easement is
transferable, but Grantee may assign its rights and obligations
under this Conservation Easement only to an organization that is a
qualified organization at the time of transfer under Section 170 (h)
of the Internal Revenue Code of 1954 , as amended (or any successor
provision then applicable) , and the applicable regulations
promulgated thereunder, and authorized to acquire and hold
environmental easements under the statutes of the State of Florida
(or any successor provision then applicable) . As a condition of
such transfer, Grantee shall require that the environmental
purposes that this grant is intended to advance, continue to be
carried out.
8. Successors. The covenants, terms, conditions and
restrictions of this Easement shall be binding upon, and inure to
the benefit of the parties hereto and their respective successors
and assigns and shall continue as a servitude running in perpetuity
with the Property.
3
9. Recordation. Grantor shall record this Conservation
Easement in a timely fashion in the Public Records of Orange
County, Florida.
10. Amendment. This Conservation Easement may be
amended upon the mutual agreement of Grantor and Grantee, or their
successors and assigns.
IN WITNESS WHEREOF, the undersigned have set their hands
and seal as of the day and year first above written.
Signed, sealed and delivered CITY OF OCOEE
in the presence of:
By:
Printed Name: S. SCOTT VANDERGRIFT, Mayor
Attest:
Printed Name: JEAN GRAFTON, City Clerk
(SEAL)
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County last aforesaid to take
acknowledgements, personally appeared S. Scott Vandergrift and Jean
Grafton, well known to me to be the Mayor and City Clerk,
respectively, of the CITY OF OCOEE, a Florida municipal corporation,
and that they severally acknowledged executing the same in the
presence of two subscribing witnesses freely and voluntarily under the
authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State
last aforesaid this day of , 1993 .
Printed Name:
Notary Public
Commission No. :
Commission expiration:
4
For the use and reliance only
by the City of Ocoee, Florida
Approved as to form and legality
this day of , 1993 .
FOLEY & LARDNER
By:
Paul E. Rosenthal,
City Attorney
C:\WPSIIDOCSIOCOEE RIVE.CE2 1 4/8/93I 18W0I0I MHF:jh
5
328575
LEGAL DESCRIPTION
EASTERLY TORTOISE
CONSERVATION EASEMENT
A PARCEL OF LAND LYING IN SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, AND
SECTION 5,TOWNSHIP 22 SOUTH, RANGE 28 EAST BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SAID SECTION 32 FOR A POINT OF REFERENCE, SAID POINT ALSO BEING THE
SOUTHEAST CORNER OF WEST ORANGE MEMORIAL PARK,ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK "Y", PAGES 137 AND 138 OF
THE PUBLIC RECORDS Ok ORANGE COUNTY, FLORIDA; THENCE RUN NORTH
00°21'12" WEST, ALONG THE WEST LINE OF SAID SOUTHEAST OUARTER OF
SECTION 32 AND THE EAST LINE OF SAID WEST ORANGE MEMORIAL PARK,
1091.63 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH
00°21'12" WEST,ALONG SAID WEST LINE AND SAID EAST LINE, 150.02 FEET
TO A POINT LYING ON THE SOUTH LINE OF THE NORTH 80.00 FEET OF THE
SOUTHWEST OUARTER OF SAID SOUTHEAST QUARTER OF SECTION 32:
THENCE RUN SOUTH 88°25'37" EAST.ALONG SAID SOUTH LINE, 827.09 FEET:
THENCE RUN SOUTH 34°15'38' WEST, 167.75 FEET; THENCE RUN SOUTH
17°17'27" EAST, 106.83 FEET;THENCE RUN SOUTH 61°52'53" EAST, 168.29
FEET;THENCE RUN SOUTH 00°20'38" EAST,328.81 FEET;THENCE RUN SOUTH
13°50'44' WEST, 319.01 FEET;THENCE RUN SOUTH 29°48'21" EAST, 402.02
FEET; THENCE RUN SOUTH 89°43'36" WEST, 208.85 FEET; THENCE RUN
SOUTH 00°59'35" WEST, 639.91 FEET;THENCE RUN SOUTH 25°22'19" EAST,
553.67 FEET; THENCE RUN NORTH 71°10'31" WEST, 295.44 FEET; THENCE
RUN SOUTH 83°23'24' WEST, 94.46 FEET; THENCE RUN NORTH 00°05'51'
EAST, 995.49 FEET; THENCE RUN NORTH 00°53'12" WEST, 1226.31 FEET;
THENCE RUN NORTH 88°47'03" WEST, 662.01 FEET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND LIES IN THE CITY OF OCOEE, ORANGE COUNTY,
FLORIDA AND CONTAINS 12.972 ACRES, MORE OR LESS.
SURVEYOR'S NOTES;
(1) REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH THE
SURVEYOR'S EMBOSSED SEAL.
(2) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS,
OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD BY THIS FIRM.
13) BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING BASED ON THE
WEST LINE OF THE SOUTHEAST OUARTER OF SECTION 32. TOWNSHIP 21 SOUTH.
RANGE 28 EAST, BEING NORTH 00°21'12" WEST.
(4) THE "LEGAL DESCRIPTION"HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE
CLIENT'S REQUEST.
15) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
(61 THE DELINEATION OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S
INSTRUCTIONS.
CERTIFICATION:
WE HEREBY CERTIFY THAT THIS LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST
OF OUR KNOWLEDGE AND BELIEF AS PREPARED UNDER OUR DIRECTION IN APRIL, 1993. WE
FURTHER CERTIFY THAT THIS LEGAL DESCRIPTION MEETS THE MINIMUM TECHNICAL STAN-
DARDS SET FORTH IN RULE 21HH-6 (F.A.C.) ADOPTED BY THE FLORIDA BOARD OF LAND
SURVEYORS, PURSUANT TO FLORIDA STATUTES 472.027.
'IIP /7/
DAVID A. , P.L.S.
FLORIDA REGISTRATION NO. 4044
SHEET' /OP 2
See SHEET 2 Of e FOR SKETCH OP DE.CR/P7/O/`/ ROTE, THIS /S NOT A SURVEY
PEC'PROFESSIONAL ENG/NEER/NG CONSULTANTS, INC.
engineers planners surveyors
Smirk /560 Solo Pork Centre 200 fest Res/nook S/ Or/enee, F/er//e 3160/ 407/466-6061
Section 32 ; Township 2/ South ; Range 28 East
DATE, 4=7-93 IPRE1'eY+ P. S. , DRAWN BY, /7.r. .ATB NO' 793047
328575
SKETCH OF DESCRIPTION
EASTERLY TORTOISE CONSERVATION EASEMENT
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S14EE7 2 OF 2
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EC/PR0FE55IOMAL ENG/NEER/NG CONSULTANTS, /NC.
enyinesrs P/onners 302241102.1
Smile /560 Ee/e Perk Centre 200 Earl Reeineen Slreel Or/enle, r/erlle 3290/ ♦07/462-9061
Sect ion .52 A S , Township 2/c 22 South ; Range ee East
DATE, 4-7-93 , PREP BY+ P.S. 'DRAWN Sr: R.-77 „os NO' 798047
329576
LEGAL DESCRIPTION
WESTERLY TORTOISE
CONSERVATION EASEMENT
A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF
SAID SECTION 5 AS A POINT OF REFERENCE, SAID POINT ALSO BEING THE
SOUTHEAST CORNER OF WEST ORANGE MEMORIAL PARK,ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 'Y', PAGES 137 AND 138 OF
THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN SOUTH
84°13'39' WEST,ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF
SECTION 5,AND ALONG THE SOUTH LINE OF SAID WEST ORANGE MEMORIAL
PARK, 785.95 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH
04°38'39' WEST, 849.88 FEET:THENCE RUN SOUTH 09°28'47' EAST, 248.03
FEET;THENCE RUN SOUTH 05°10'11' EAST,481.58 FEET;THENCE RUN SOUTH
58°22'43' WEST, 184.25 FEET;THENCE RUN SOUTH 13°47'43'WEST, 599.32
FEET;THENCE RUN NORTH 87°07'48'WEST, 92.43 FEET;THENCE RUN SOUTH
26°00'48' WEST, 323.88 FEET;THENCE RUN SOUTH 01•13'0V WEST,214.59
FEET;THENCE RUN NORTH 89°07'27' WEST, 142.20 FEET TO A POINT LYING
ON THE WEST LINE OF THE NORTHEAST OUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 5;THENCE RUN NORTH 00°05'54' WEST, ALONG
SAID WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 5, A DISTANCE OF 35.84 FEET TO SOUTHWEST CORNER OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 5;
THENCE RUN NORTH 02°20'49' EAST, ALONG THE WEST LINE OF SAID
SOUTHEAST QUARTER
THE
NORTHWEST
QUARTER SECTION
DISTANCE OF 773.14 FEET TO A POINT LYING ON ANON-TANGENT E
CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY ALONG SAID
CURVE, HAVING A RADIUS LENGTH OF 1759.88 FEET, A CENTRAL ANGLE OF
23°13'57', AN ARC LENGTH OF 713.60 FEET, A CHORD LENGTH OF 708.72
FEET, AND A CHORD BEARING OF NORTH 15°35'11' EAST TO THE POINT OF
TANGENCY;THENCE RUN NORTH 03°58'12' EAST, 1213.87 FEET TO A POINT
LYING ON THE AFORESAID NORTH LINE OF THE NORTHWEST OUARTER OF
SECTION 5 AND THE AFORESAID SOUTH LINE OF WEST ORANGE MEMORIAL
PARK; THENCE RUN NORTH 84°13'39' EAST, ALONG SAID NORTH LINE AND
SAID SOUTH LINE, 343.96 FEET TO THE POINT OF BEGINNING.
•
THE ABOVE DESCRIBED PARCEL OF LAND LIES IN THE CITY OF OCOEE, ORANGE COUNTY,
FLORIDA AND CONTAINS 21.328 ACRES, MORE OR LESS.
SURVEYOR'S NOTES;
(1) REPRODUCTIONS
THIS
SKETCH ARE NOT VALID UNLESS SEALED WITH THE
SURVEYOR'S EMBOSSED SEAL.
(2) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR
OWNERSHIP, R OTHER INSTRUMENTS OF RECORD BY THIS AY, EASEMENTS,
FIRM.
(3) BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING BASED ON THE
NORTH
LINE
EAST, BEING SOUTH NORTHWEST8QUARTER
U R E OF SECTION 5, TOWNSHIP 22 SOUTH,
RANGE28
EST.
(41 THE 'LEGAL DESCRIPTION'HEREON HAS BEEN PREPARED BY THE SURVEYOR AT HE
CLIENT'S REQUEST.
(5) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
161 THE DELINEATION OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S
INSTRUCTIONS.
cFRTIFICATION:
WE HEREBY CERTIFY THAT THIS LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST
OF OUR KNOWLEDGE AND BELIEF AS PREPARED UNDER OUR DIRECTION IN APRIL, 1993. WE
FURTHER CERTIFY THAT THIS LEGAL DESCRIPTION MEETS THE MINIMUM TECHNICAL STAN-
DARDS SET FORTH IN RULE 21HH-8 (F.A.C.) ADOPTED BY THE FLORIDA BOARD OF LAND
SURVEYORS, PURSUANT TO FLORIDA STATUTES 472.027.
DAVID A. WHITE, S.,
FLORIDA REGISTRATION NO, 4044
SHEET / OF 2
SEE SHEET 2OF 2 FOR SKETCH OF DESCR/PT/ON MOTE, TN/S /S NOT A SURVEY
'PROFESS/ONAL ENGINEERING CONSULTANTS, INC.
PEC 1lt4ineert
planners surveyors
Sei1e WO Fele Perk Centre POO rest Re1ie°ee S Orlee/e, Florida 3.NO/ 407/4t5-IO?!
Sec/ion 5 ; Township 22 South J. Range 26' East
GATE, 4 -7-93 PIP-BT---", "'ERBY P. 3. ORAWN BY: R.T. I.ASB NO, 7.9304 7
. 329575 r
SKETCH OF DESCRIPTION
WESTERLY TORTOISE CONSERVATION EASEMENT
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SECTI6N 8-22-28
NOT PLATTED NOTE, THIS/S NOT A SURVEY
PEC'PROFESS/ONAL ENGINEERING CONSULTANTS, INC.
enyin••rs O/onners surveyors
Soil. /SIV £olo P•,I Centre ZOO Ee•l R.9/ Srr.•l Orland*, Florid. 3290/ 4 07/4 t 90SI
Sect ion 5 ; Township 22 Sou/h ; Range 8c9 East
DATE, 4- 6-93 [PREP BY: P.5. l DRAWN BY: R.T. 1.0.9 NO, 7.93047