HomeMy WebLinkAbout07-072
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RESOLUTION NO. 07-072
A RESOLUTION ACCEPTING A CONSERVATION EASEMENT
FOR NATIVE UPLAND HABITAT AREAS WITHIN PGA
VILLAGE FROM PGA RESERVE, INC. ON BEHALF OF ST.
LUCIE COUNTY, FLORIDA
that:
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BE IT RESOLVED by the Board of County Commissioners of St. Lucie Coun~y~, Flprida,
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The foregoing CONSERVATION EASEMENT is duly accepted on bêhalf ~'f ~( Lucie.
County this 27th day of February, 2007. .. ."
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/. ./'_--,~,~';è1\BOARD OF COUNTY COMMISSIONERS /
:' . ! -. \ \ . ST. LU COUNTY F ORIDA l
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BY:
EDWIN M. FRY. Jr.. CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FilE # 3032197 03/27f2007 at 03:13 PM . RESO
OR BOOK 2787 PAGE 250 - 260 Doc Type.
RECORDING: $95.00
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Preoared bv and Return to:
Danièl S. McIntyre, Esquire
St. Lucie County Attorney
2300 Virginia Avenue
3m Floor Admin. Annex
Fort Pierce, FL 34982-5652
Recording oftbis Conservation Easement shall constitute notice to the property appraiser and tax collector ofSt. Lucie
County of the conveyance of this ConselVation Easement to St. Lucie County, Florida
CONSERVATION EASEMENT
TIllS CONSER V ATION EASEMENT (the "Conservation Easement") is given this _
day of , 2007, by PGA Reserve. Inc. ("PGA") a Florida Corporation (hereinafter
the "Grantor") to ST. LUCIE COUNTY, a political subdivision of the State of Florida
(hereinafter the "Grantee"). As used herein, the term Grantor shall include any and all heirs,
successors, purchasers or assigns of the Grantor and any subsequent owners of the "Property" (as
hereinafter defined) and the term Grantee shall include any successor or assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is owner of certain land located within the development now
known as "PGA Village" and formerly known as The Reserve in St. Lucie County, Florida and
more specifically described in Exhibit "A" attached hereto and incorporated herein (hereinafter
the "Property"); and
WHEREAS, the purpose of this Conservation easement is to identify the location of
existing native upland habitat areas within the Property and to provide for the preservation of
such native upland habitat areas in perpetuity, subject to the terms set forth below; and
WHEREAS, this Agreement is also intended to comply with the terms of Condition 15
of the Development Order for The Reserve Development of Regional Impacts, as adopted by
Resolution 89-17 and subsequently amended rrom time to time (the "Development Order"), with
respect to the identification and preservation of the native upland habitat areas within the
Property; and
WHEREAS, the native upland habitat areas within the Property are composed of
acres as depicted on the Native Upland Habitat Areas Map attached as Exhibit "B"
attached hereto and incorporated herein; and
WHEREAS, the Grantor intends that the areas depicted on the Native Upland Habitat
Areas Map attached as Exhibit "c" be preserved and managed in perpetuity in accordance with
the Upland Area Monitoring and Management Plan for The Reserve, dated January 2006, a copy
of which is attached as Exhibit "c" (hereinafter the "Management Plan") unless specifically
provided otherwise under the terms of this Conservation Easement; and
WHEREAS, the Grantor is agreeable to granting and securing to the Grantee a perpetual
conservation easement as defined in Section 704.06, Florida Statutes (2006), over the Property
for the purpose of preserving the native upland habitat areas.
NOW THEREFORE, in consideration of the foregoing premises together with other
good and valuable consideration, the adequacy and receipt of which is hereby acknowledged,
Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in
favor of the Grantee upon the Property.
1. Preservation. It is the purpose of this Conservation Easement to preserve the
native upland habitat areas in their natural, vegetative, hydrologic, scenic, open or wooded
condition and to retain such native upland habitat areas as upland habitat in adherence with the
Management Plan. Except as otherwise provided herein, those native upland habitat areas
included in the Conservation Easement are to be maintained as required in the Management Plan.
To cany out this purpose, the following rights are conveyed to Grantee by this
Conservation Easement:
a. To enter upon the Property at reasonable times with any necessary
equipment or vehicles to enforce the rights herein granted in a manner that will not
umeasonably interfere with the use and quiet enjoyment of the Property by Grantor at the
time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent with
this Conservation Easement and to enforce the restoration of such native upland habitat
areas within the Property that may be damaged by any inconsistent activity or use.
2. Prohibited Acts. Except for restoration, creation, enhancement, maintenance and
monitoring activities, or surface water management improvements, which are permitted or
required by the Management Plan, and except as provided in Paragraph 4 of this Conservation
Easement, the following activities are prohibited within the native upland habitat areas within the
Property and identified in Exhibit "B":
a. Construction or placing of buildings, roads, signs, billboards, advertising,
utilities, or other structures on or above ground;
b. Dumping or placing of soil or other substance or material as landfill, or
dumping or placing trash, waste, or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other native vegetation, except
for the removal of exotic or nuisance vegetation in accordance with the Management
Plan;
d. Excavation, dredging, removal of loam, peat, gravel, soil, rock, or other
material substance in such manner as to affect the surface of the land;
e. Surface use except for passive uses that permit the land or water area to
remain in its natural condition;
f. Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or conservation of fish and wildlife habitat
preservation including, but not limited to, ditching, diking and fencing; and
g. Acts or uses detrimental to such aforementioned retention ofland or water
areas.
3. Passive Recreational Facilities Permitted. Grantor reserves all rights as owner of
the Property, including the right to engage in uses of the Property and the native upland habitat
areas that are not prohibited herein and that are not inconsistent with the Management Plan and
the intent and purposes of this Conservation Easement. Passive recreational uses that are not
contrary to the purpose of this Conservation Easement may be permitted upon written approval
by the Grantee, which approval is not to be unreasonably withheld.
a. Grantor may conduct limited land clearing subject to Grantee's approval,
for the purpose of constructing limited pervious facilities such as wildlife observation
platforms, boardwalks or mulched walking trails.
b. The construction and use of the approved passive recreational facilities
shall be subject to the following conditions:
i. Grantor shall minimize and avoid, to the fullest extent possible,
impacts to the native upland habitat areas;
ii. Such facilities and improvements shall be sited, constructed and
maintained utilizing Best Management Practices; and
111. This Conservation Easement shall not constitute permit
authorization for the construction or operation of the passive recreational
facilities. Any such work shall be subject to all applicable federal, state or
local permitting requirements.
4. Reconfiguration and Replacement of Native Upland Habitats. Grantor shall retain
the right, subject to the limitations contained herein, to reconfigure the layout of portions of its
golf course constructed and operated on the Property ftom time to time. Grantor and Grantee
recognize that the reconfiguration of the layout of holes on Grantor's golf courses may result in
the encroachment and destruction of portions of native upland habitat within the native upland
habitat areas identified on Exhibit "B". Such encroachment and destruction of portions of native
upland habitat may only be permitted by Grantee under the following conditions:
a. Encroachment and destruction of portions of native upland habitat may only occur
as a direct result of the reconfiguration of the layout of holes on the golf courses on the
Property. Encroachment and destruction for the relocation of restrooms, paved cart
paths, maintenance facilities or other structures is not authorized by this Paragraph.
b. Such encroachment and destruction shall be completely offset by the replacement
of native upland habitat, which habitat shall be contiguous with existing and remaining
native upland habitat areas in the following manner:
i. Native upland habitat to be destroyed in connection with any
reconfiguration of the golf course shall be identified by the Grantor and shall be
mapped and quantified by the Grantee.
ii. Grantor shall provide Grantee with a plan showing the newly configured
native upland habitat areas, which shall demonstrate the replacement of native
upland habitat on a I to I ratio.
iii. Grantor shall also provide Grantee a replanting plan which, at a minimum,
shall provide for the replacement of all native trees to be destroyed at a 2 to 1
ratio, and which shall indicate the species, number and location of native plants to
be replanted. All trees and shrubs must be Florida natives. All trees replanted
must be Florida Number 1 quality or better and must be at least 12 feet in height
with a diameter at breast height of 2.5 inches. Native palms may be utilized at a
ratio of no more than 2 palms with a 10 foot minimum trunk per each mitigation
tree. Shrubs must be planted in 3 gallon sizes or greater. Grantee shall provide
temporary irrigation in all replanted areas and shall immediately replace all trees
or shrubs with die within the first year of replanting. Grantor must submit
monitoring reports of the replanted areas including photographs to Grantee every
120 days for the first three years.
iv. Grantor must approve both the new configuration and replanting plan for
any replacement upland habitat, and Exhibit "B" to this Conservation Easement
shall be amended to reflect the new configuration of upland habitat areas and shall
be recorded in the public records of St. Lucie County prior to the commencement
of any construction on the golf course.
v. Replacement habitat shall be created and replanted contemporaneous with
any golf course reconstruction.
VI. Grantor may not destroy more than 10 contiguous acres of native upland
habitat during any single golf course reconfiguration.
vii. Grantor may not reconfigure the native upland habitat areas as part of a
golf course reconfiguration more often than once every 5 years, unless approved
in advance in writing by the Grantee.
5. No right of access by the general public to any portion of the Property IS
conveyed by this Conservation Easement.
6. Grantee shall not be responsible for any costs or liabilities related to the
operation, upkeep or maintenance of the Property.
7. Any costs incurred in enforcing, judicially or otherwise, the terms,
provisions and restrictions of this Conservation Easement shall be borne by and
recoverable against the non-prevailing parties in such proceeding.
8. Enforcement of the terms, provisions and restrictions of this Conservation
Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf
of Grantee to exercise its rights hereunder in the event of any breach by Grantor, shall not
be deemed or construed to be a waiver of Grantee's rights hereunder.
9. Grantee will hold this Conservation Easement exclusively for conservation
purposes. Grantee will not assign its rights and obligations under this Conservation
Easement except to another organization qualified to hold such interests under the
applicable state laws.
10. If any provision of this Conservation Easement or the application thereof
to any person or circumstances is found to be invalid, the remainder of the provisions
under this Conservation Easement shall not be affected thereby, as long as the purpose of
the Conservation Easement is preserved.
11. All notices, consents, approvals or other communications hereunder shall
be in writing and shall be deemed properly given if sent by United States certified mail,
return receipt requested, addressed to the appropriate party or successor in interest.
12. This Conservation Easement may be amended, altered, released or
revoked only by written agreement between the parties hereto or their heirs, assigns or
successors in interest, which shall be filed in the public records of St. Lucie County.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms,
conditions, restrictions and purpose imposed with this Conservation Easement shall be
binding upon Grantor, and shall continue as a servitude running in perpetuity with the
Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
Property in fee simple; that the Property is free and clear of all encumbrances that are
inconsistent with the terms of this Conservation Easement and all mortgages have been
joined or subordinated; that Grantor has good right and lawful authority to convey this
Conservation Easement; and that is hereby fully warrants and defends the title to the
Conservation Easement hereby conveyed against the lawful claims of all personstwhomsoever.
IN WITNESS WHEREOF,~".-ìS\i,,@ M .E-tQr~N, has executed this Conservation
Easement this 23rd day of January, 2007. J
WITNESSES
By: Grantor
~~þ)/)/AU/JL~ By ('~o tY)Jd~.
Vprfnt N~m;: !~~'ßerihì DSiJn Print Name: Christine M. GarritYV
Title: Secretary & Managing Director &
/"'ì General Counsel
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PrintNameD ~ . )ÁÆ
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 23rd day of January,
2007 by Christine M. Garrity, as the Secretary & Managing Director & General Counsel ofPGA
Reserve, Inc. (x) who is personally known to me or who has produced identification and did (did
not) take an oath.
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Exh.;'o1\B
Ryder Course
12/5/2006
Hole # Location on Hole Size
1 Left of Tee 0.110
Left ofT ee 0.100
Left of Drive Zone 0.045 50% value of actual size.
Left of Green 0.070 50% value of actual size.
Left of Drive Zone 0.190
Right of Green 0.250
Riç¡ht of Green 0.130
Left of Green 0.140
2 Riaht ofT ee 0.570
Left ofT ee 0.290
Left of Fairway 0.080
Right of Fairway 0.100 50% value of actual size.
Right of Fairway 0.090 50% value of actual size.
Right of Fairway 0.090 50% value of actual size.
Rioht of Fairway 0.080 50% value of actual size.
Rioht of Fairway 0.090 50% value of actual size.
Left and Behind Green 0.160
Left and Behind Green 0.220
3 Left ofT ee 0.350
Right of Drive Zone 1.000
Next to Comfort Station 0.180
4 Behind Tee 1.000 'CAUTION - POTENTIAL FUTURE GROWTH INHIBITOR' (.2)
Rioht ofTee 0.800
Left of Fairway 0.350
Short Left of Green 2.550
Short Left of Green 0.680 75% value of actual size.
Left of Fairway 0.750 50% value of actual size.
5 Behind Tee 0.125 25% value of actual size.
Extends Length of Hole on Right 0.780
6 Left of Drive Zone 0.250 50% value of actual size.
Riç¡ht of Drive Zone 0.170
Short Left of Green 0.830
7 Left of Tee 0.450
Left of Fairway 0.120
8 Behind and Riaht of Tee 4.040 'CAUTION - POTENTIAL FUTURE GROWTH INHIBITOR' (54)
Riaht of Fairwav and Green 2.000
Left of Green and Car Path 0.410
9 Left of Tee 0.230
Short Left of Green 0.070
Back Right of Green 0.250
10 Back Left of Tee 0.340
Left of Fairwav 1.100
Left of Fairwav 0.800
Left of Fairwav 0.200
Right of Green 0.500
Pro Tee Behind North End 0.330
Behind North End 0.070
Hole # Location on Hole Size
11 Short ofTee alonnpath 0.140
Short of Tee alonnpath 0.060
Behind Tee 0.270 *CAUTION - POTENTIAL FUTURE GROWTH INHIBITOR* (.13)
Behind Tee 0.100 *CAUTION - POTENTIAL FUTURE GROWTH INHIBITOR* (.04)
Rioht of Tee 0.450
Left of Tee 0.130
Left of Drive Zone 0.630
Riaht of Drive Zone 0.070
Riaht of Drive Zone 0.380
Riaht of Drive Zone 0.100
Short Right of Green 0.260
12 Short Left ofTee 0.120
Short Left ofTee 0.120
Behind Tee 0.100
Behind and RlOht ofT ee 0.180
Rlaht ofTee 0.350
Left of Green and Water 0.550
Right of Green 0.210
13 Riaht ofT ee Nextto Road 0.730
Right of Drive Zone and Path (?) 0.500
14 Behind and R"'ht of Tee 1.330 *CAUTION - POTENTIAL FUTURE GROWTH INHIBITOR* (33)
Left ofT ee 0.750
Left ofT ee 0.130
Left ofT ee 0.700
RlOht of Drive Zone 0.480
RlOht of Fairwav 1.000 Contiouous to woodœcker meserve.
Left of Green 0.380
Left of Green 0.180
15 R"'ht of Green 0.050
Right of Green 0.230
Right of Fairway 1.000 This area runs contiauous with the woodpecker preserve.
16 Riaht of Green 0.890
17 Left of Drive Zone 0.250 50% value of actual size.
Left of Drive Zone 0.375 50% value of actual size.
18 Left ofT ee 0.520
Left of Fairway 0.830
Total Ryder Course 38.075
Wanamaker Course
!Hole # Location on Hole Size
1 Riiiht of Drive Zone 0.170
Riaht of Drive Zone 0.310
Left of Drive Zone 0.430
RTciht of Fairwav 2.750 Area wraGS around to riaht of #8 fairway.
Left of FairwãV 0.220
Short R1ãht of Green 0.410
Rioht of Green 0.070 IOn other side of marsh)
Behind and Right of Green 0.280
Hole # Location on Hole Size
2 Left of Tee 1.430
Rioht of Tee 1.850 50% value of actual size. Area wraps around behind #6 green and right of#7 faifway.
Left of Fairway 0.775
3 Right of Drive Zone 0.330
4 Behind and Left of Green 0.240 *Does this inhibrt lake expansion?*
5 Riaht ofT ee 0.780 *CAUTION - POTENTIAL FUTURE GROWTH INHIBITOR* 1.28\
Left of Tee and Path 0.170
8 Right ofT ee 0.375 50% value of actual size.
9 Behind and Right of Green 0.180
10 Left of Drive Zone and Path 0.750
Behind and Right of Green 1.600
12 Rioht of Drive Zone 1.350 .30 of an acre subtracted.
Rioht of Drive Zone 0.180
Rioht of Drive Zone 0.180
Right of Drive Zone 0.200
13 Behind Tee 0.090
Richt of Tee and Lake 0.190
Left of Green 0.310
14 Rioht ofT ee 1.000 50"10 value of actual size.
Rioht ofTee 0.700
Short and Left of Fairwav 0.240
Left of Green 0.500
14&15 Left and Right of Fairwav, Behind ( 6.550 *CAUTION - POTENTIAL FUTURE GROWTH INHIBITOR* (1.55)
15 Behind and Left ofTee 0.500
Left of Drive Zone 0.060
Left of Drive Zone 0.380
Left of Green 0.200 50% value of actual size.
16 Left and Behind Green 0.400
17 Left of Hole 2.675
Left of Fairway 0.100
Total Wanamaker Course 28.925
Dye Course
Hole # Location on Hole Size
1 Left of Tee and Wetland 0.425 50% of value deducted, other 50% ært of wetland.
Left of Green 0.210
2 Left of Drive Zone 0.690
Far Left of Green 0.160
Behind Green 0.800
3 Right of Fairway 0.190
5 Left of Tee 1.020 *CAUTION - POTENTIAL FUTURE GROWTH INHIBITOR* (.27\
Left of Drive Zone 0.250 50% value of actual size.
Right of Green 0.390
6 Right of Fairway 0.380
Hole # Location on Hole Size
7 Alono Drive to Tee on Left 0.470
Alono Drive to Tee on Riqht 1.240
Left ofT ee 0.270
Left of Drive Zone 1.430
Right of Green 1.240
8 Behind Tee, Left and Rioht 1.080 "CAUTION - POTENTIAL FUTURE GROWTH INHIBITOR" (28)
Left of Tee, Across Pond 0.950
Left of Drive Zone 1.530
Behind Green and Right 0.110
9 Right of Drive Zone 0.500 50% value of actual size.
10 Riqht of Fairwav 0.850
Richt of Green 0.650
Behind Green 0.730
11 Left ofT ee 0.160
Left of Fairwav 1.490
Left of Fairway 0.900
16 Left of Green, End of Pond 0.450
Right of Green 2.680
17 Left ofTee and Fairwav 0.850
Richt of Green 0.260
Left of Green 1.510 "CAUTION - POTENTIAL FUTURE GROWTH INHiBITOR" (.25)
18 Back Left of Green 1.090
Total Dye Course 24.955
TOTAL ALL 3 COURSES
91.955
'Total Acres to Eliminate Any Growth Inhib~ors - 3.87 Acres