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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 ti SCAL E.'I"...700, • N.C/NE,S.W.l/4,5.6. r/4, 44) O SEC— N ,! �T/Ot•2/-l8 2 1NOT acm rT6o 5.ewe ~Any 80.'00• \\\ 588°2537 E 82709' z S.W..w;s.E.Vel, SECYYO/V Jr-2/-?8 /90.8. , 534°/6'36ly r6gS76gey roAr se ,py��, ,y/ /67.75' /1/88.47'09'iv 6620/' 5/7°/7'27"E-/06:495' r f S 6/°52 53 E -/662.9' .7 I il n� to v I Cj .* (k-.of N 0 N is , o F N ft) 3 �1m a N `, t� N ��° W 3 ` a 0k ` •r", K N 0 k Zi Ili 3 \ O •< g WW v ��b Q v•'n: 2 3 4. h v I. ii, ). k 0 a �� O v+ h `z. 1 ) W �e 0 tie Z V OO N- N S.0/NE, T,tyv3l, VN S.W.COR.,s.E.�/4, N.0/NE,JEcrKW3 sEC.Je-t/-te/ ' '/P rrdekw,A44tstf e°r`uT 589°4336"W S.E.COR.,ivesr o''e 208.85' MEMOS/AC PARK rP.B.Y,RS5./37/381 c1 Ui V' (o —LEGEND— � ,3 R08 8.....Fb/NT Of QSO/NN/NCi 41 RO.C.•...F17v r OP/7G-,-ewewC6 a P.B. ..Pur Boo/c 4� 0 h O O• U O ' O. • ' H w ca a Zs, lq 883°23'24"W esti� z. 94.46' .b3j /Pev/JEo 5A'6TL'h'opD6JCR/Pr/61/ 4-/2.9.3 NOT PLATTED S14EE7 2 OF 2 5EE SHEET /0P2 Foo LEGAL DesCR/PT/ON. NOTE' THIS !S NOT A SURVEY 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 sif H.hiI8A ,0,?:;'.! .B. lNrlf3Tf'ICY TORE,.5EM6Tr7) _a 89_r3:39w � osi SCALE.'/"-300' N84•/3'39'E Nc� Aw.Y,, as-22-ea 34594' S.L/Air pE57uy✓OE pO.C. ,c / a NE /✓lw w Y SecrroNs aa're OE S E Cdo.W6sT RK / B V PG6.97-!381 kg 0 t k M NI .) 4 o K IN W k h Q Q % (.1i q. q. h509.2:9'47 E K ° }� 246.03 ' s) K ti o N P.T. .8•/759.86-• • vvtj O .6.23•/3:57` I L•7/3.60' C•706.72' O CB•/Y/3.35%/'— h I I S66.22.43'!h/ /64.25' /"i Su N �C.506/VD� LSq., . "1 b /P08 Ra'Nr OPBermy.v. o veh ry 01 A RO.0...fb•vrOVCb•.++6..Civwvr Wh P R.......R+v us vti' ) L•......AR'c [K.O7rr 3 C CNO"O Cf/O7W „Ili CO.....CN°.eO 6rLY0. O K PB Pur SOOX P.T.....PoiNr Or rowOENCY iU • .? N87.07'4B Ir/ tF lb 0 92.43' � b O h) s./.!CY OWA',9.E.Y4,N.N.w, SEer/av s•e2-e8 .50/°/...9'06"W 2/4.59' NO0°05 54'i,/ SHEET a QF 2 35,84' N5.9.07'27'W 56e SHEET /OF e i-OR iv CleVe N.E.'A,S•W.V4________,A /4e ea: CEO OE5CR/P7"/ON 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