HomeMy WebLinkAbout24-023Florida, that:
RESOLUTION NO. 2024-23
A RESOLUTION ACCEPTING A
CONSERVATION EASEMENT AND
PRESERVE AREA MANAGEMENT AND MONITORING PLAN
ON BEHALF OF ST. LUCIE COUNTY, FLORIDA
BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
The foregoing Conservation Easement and Preserve Area Management and
Monitoring Plan from OC Ranch Inc. are duly accepted on behalf of St. Lucie County this 23ra
day of January, 2024.
ATTEST:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
By:
Chair
APPROVED AS TO FORM AND
CORRECTNESS:
By:
County Attorn y
This document prepared without the benefit
of title by Vikki Mitchell, under the direction
of Daniel S. McIntyre, County Attorney
2300 Virginia Avenue
Fort Pierce, FL 34982
MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 5293104 01/26/2024 01:55:25 PM
OR BOOK 5099 PAGE 1903 - 1922 Doc Type: DEED
RECORDING: $171.50
SAINT LUCIE COUNTY DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given this
�J"� day of c&, 20a� by OC Ranch, Inc. ("Grantor") whose mailing address is
2507 Post Road, 2nd Floor, gouthport, CT 06890 to St. Lucie County, a political subdivision of the
State of Florida ("Grantee") having an address of 2300 Virginia Avenue, Fort Pierce, FL 34982. As
used herein, the term "Grantor" shall include any and all heirs, successors or assigns of the Grantor,
and all subsequent owners of the "Conservation Area" (as hereinafter defined) and the term "Grantee"
shall include any successor or assignee of Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of certain lands situated in St. Lucie County, Florida,
and more specifically described in Exhibit "A" attached hereto and incorporated herein by this
reference ("Property"); and
WHEREAS, the Property, which is more specifically described in Exhibit "A" is subject to
the regulatory jurisdiction of the St. Lucie County Board of County Commissioners ("County"); and
WHEREAS, that portion of the Property designated as tree mitigation area ("Conservation
Area") as more particularly described in Exhibit "B" attached hereto and incorporated herein by this
reference; and
WHEREAS, this Conservation Easement further requires that the Conservation Area be
maintained in accordance with that certain Preserve Area Management and Monitoring Plan
("Management Plan"), as more particularly described in Exhibit "C" attached hereto and
incorporated herein by reference; 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, over the Conservation Area.
NOW, THEREFORE, Grantor hereby grants, creates, and establishes a perpetual
Conservation Easement for and in favor of the Grantee upon the Conservation Area which shall
run with the land and be binding upon the Grantor, and shall remain in full force and effect forever.
The scope, nature, and character of this Conservation Easement shall be as follows:
1. Recitals. The recitals hereinabove set forth are true and correct and are hereby
incorporated into and made a part of this Conservation Easement.
2. Purpose. It is the purpose of this Conservation Easement to retain land or water
areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition. To
carry out this purpose, the following rights are conveyed to Grantee by this easement:
a. To enter upon the Conservation Area at reasonable times with any
necessary equipment or vehicles to enforce the rights herein granted in a manner that will not
unreasonably interfere with the use and quiet enjoyment of the Property by Grantor.
ACTIVE: 19898245.1
b. To enjoin any activity on or use of the Conservation Area that is
inconsistent with this Conservation Easement and to enforce the restoration of such areas or
features of the Conservation Area that may be damaged by any inconsistent activity or use.
3. Prohibited Uses. Except for removal of invasive non-native and nuisance
v e g e t a t i o n (as defined by Florida Invasive Species Council and amended from time to time),
replanting with appropriate native vegetation, vine control, removal of trash and debris or
other maintenance and monitoring activities described herein that are permitted or required by this
Conservation Easement, the following activities are prohibited in or on the Conservation Area:
a. Construction or placing of buildings, roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or
dumping or placing of trash, waste, or unsightly or offensive materials;
C. Removal or destruction of trees, shrubs, or other vegetation, except for the
removal of invasive non-native or nuisance vegetation;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other
material substance in such manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to
remain in its natural or enhanced condition;
f. Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited
to, ditching, diking and fencing.
4. Permitted Uses. Grantor reserves the right to graze livestock on the Conservation
Area.
5. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Property,
including the right to engage in uses of the Conservation Area that are not prohibited herein and
which are consistent with any County rule, criteria, permit and the intent and purposes of this
Conservation Easement.
5. No Dedication. No right of access by the public to any portion of the Property
or the Conservation Area is conveyed by this Conservation Easement.
6. Grantee's Liability_. Grantee shall not be responsible for any costs or liabilities
related to the operation, upkeep or maintenance of the Conservation Area.
7. Acts Beyond Grantor's Control. Nothing contained in this instrument shall be
construed to entitle Grantee to bring any action against Grantor for any injury to or change in any
portion of the Property that result from natural causes beyond Grantor's control, and not initiated
by the Grantor, including but not limited to fire, flood, storm and earth movement.
8. Property Taxes. Grantor shall keep the payment of taxes and assessments on the
Conservation Area current and shall not allow any lien on the Conservation Area superior to this
ACTIVE:19898245.1
Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in addition
to any other remedy, the Grantee may, but shall not be obligated to, elect to pay the lien on behalf
of the Grantor and Grantor shall reimburse Grantee for the amount paid by the Grantee,
together with Grantee's reasonable attorney's fees and costs, with interest at the maximum rate
allowed by law, no later than thirty days after such payment. In the event the Grantor does
not so reimburse the Grantee, the debt owed to Grantee shall constitute a lien against the
Conservation Area which shall automatically relate back to the recording date of this Easement.
Grantee may foreclose this lien on the Conservation Area in the manner provided for mortgages on
real property.
9. Enforcement by firantee. 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 hereof by
Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder.
10. Maintenance Obligations of Grantor. The Grantor shall maintain in perpetuity,
the Conservation Area. Such maintenance shall include, but is not limited to, removal of invasive
non-native and nuisance vegetation, replanting with appropriate native vegetation, vine control,
and removal of trash and debris. The maintenance schedule should be so as to keep the
Conservation Area ecologically functional and high quality, as well as a minimum 90% free of
invasive non-native and nuisance vegetation.
11. Assi me . Grantee will hold this Conservation Easement exclusively for
conservation purposes. Grantee will not assign its rights and obligations under this Conservation
Easement without written concurrence by the Grantor.
12. Severability. 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 of
this Conservation Easement shall not be affected thereby, as long as the purpose of the
Conservation Easement is preserved.
13. Terms and Restrictions. Grantor shall insert the teens and restrictions of this
Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests
itself of any interest in the Property.
14. Written Notice. 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.
15. Modifications. 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 in St. Lucie County.
16. ExtinEuishment. If circumstances arise in the future such as render the purpose
of this Easement impossible to accomplish, this Easement can only be terminated or
extinguished, whether in whole or in part, by judicial proceedings in a court of competent
jurisdiction, and the amount of the proceeds to which Grantee shall be entitled, after the satisfaction
of prior claims, from any sale, exchange or voluntary conversion of all or any portion of the
Property subsequent to such termination or extinguishment, shall be determined, unless otherwise
ACTIVE:19898245.1
provided by Florida law at the time, in accordance with paragraph 17. Grantor believes that
any changes in the use of neighboring properties will increase the benefit to the public of the
continuation of this Easement, and Grantor and Grantee intend that any such changes shall
not be deemed to be circumstances justifying the termination or extinguishment of this Easement.
In addition, the inability of Grantor to conduct or implement any or all of the uses allowed
under the terms of this Easement, or the unprofitability of doing so, shall not impair the validity of
this Easement or be considered grounds for its termination or extinguishment.
17. Proceeds. This Easement constitutes a real property interest immediately vested
in Grantee, which, for the purposes of paragraph 16, the parties stipulate to have a fair market value
determined by multiplying the fair market value of the Property unencumbered by the Easement
(minus any increase in value after the date of this grant attributable to improvements) by the ratio
of the value of the Easement at the time of this grant to the value of the Property, without deduction
for the value of the Easement, at the time of this grant. For the purposes of this paragraph, the
ratio of the value of the Easement to the value of the Property unencumbered by the Easement
shall remain constant.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions,
restrictions and purposes 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 and liens have been subordinated to this
Conservation Easement; and that Grantor has good right and lawful authority to convey this
Conservation Easement; and that it hereby fully warrants and defends the title to the Conservation
Easement hereby conveyed against the lawful claims of all persons whomsoever.
[THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
ACTIVE:19898245.1
IN WITNESS WHEREOF, OC Ranch, Inc., has hereunto set its authorized hand
this day of January 2024.
WITNESSES:
Signature
Print Name
l44 adjh6-n2,/L&,-Fz:
Address aggV f
WITNESSES:
'Signature
Print Name
Z- - 144't t �-elu"
Address -J Pql 33N5j?
STATE OF
COUNTY OF P
OC Ranch, Inc. a ]aware corporation
BY: G~'
PRINTED NAME: Cf�2/5 V6M�t
IT'S PRESIbE.4T
The foregoing instrument was acknowledged before me by means ofXphysical presence
or [ ] online notarization, this ay of January, 2024 by CHRISTOPHER J. HUB>V1AN,
Treasurer of OC RANCH, INC., a Delaware corporation, on behalf of the corporation. He is
personally known to me or has produced as identification.
;;�}► ary SeaWmyCONNELLY
c•s :i` MY COMMISSION* HH 436598
�'•FOp FI�P: EXPIRES: December 22, 2027
ACTiVEA9898245.l
Signature
AMY CowNELLY
Name of Notary Public yped, Printed
or Stamped
EXHIBIT "A"
[DESCRIPTION OF PROPERTY]
Four (4) Parcels of Land Located in Section 26, Township 36 South, Range 37 East, Saint
Lucie County, Florida, Described as: (A) the Southeast One -Quarter (SE 1/4) of the Southeast
One -Quarter (SE 1/4); (B) the Northeast One -Quarter (NE 1/4) of the Southeast One -Quarter
(SE 1/4); (C) the Northwest One -Quarter (NW 1/4) of the Southeast One -Quarter (SE '/4); and
(D) the Southwest One -Quarter (SW 1/4) of the Northeast One -Quarter (NE %4), all more
particularly described in Metes and Bounds, as follows:
Begin at the Southeast (SE) corner of said Section 26; Thence South 89'00' 11" West, along
the South line of said Section 26, a distance of 1,292.69 feet to the Southwest (SW) corner of
the Southeast One -Quarter (SE 1/4) of the Southeast One — Quarter (SE '/4) of said Section 26;
Thence North 00°55'24" East, a distance of 1,3339.12 feet to the Northwest (NW) corner of
the Southeast One -Quarter (SE 1/4) of the Southeast One -Quarter (SE 1/4) of said Section 26;
Thence South 89°05'06 West, a distance of 1,296.07 feet to the Southwest (SW) corner of the
Northwest One -Quarter (NW 1/4) of the Southeast One -Quarter (SE %4) of said Section 26;
Thence North 00°46'35" East, a distance of 1,340.86 feet to the Northwest (NW) corner of
the Southeast One -Quarter (SE 1/4) of said Section 26; Thence continue North 00°46'35" East,
a distance of 1,341.10 feet to the Northwest (NW) corner of the Southwest One -Quarter (SW
1/4) of the Northeast One -Quarter (NE 1/4) of said Section 26; Thence North 89'14'32" East, a
distance of 1,302.43 feet to the Northeast (NE) corner of the Southwest One -Quarter (SW 1/4)
of the Northeast One -Quarter (NE 1/4) of said Section 26; Thence South 00°54'22" West, a
distance of 1,339.46 feet to the Southeast (SE) corner of the Southwest One -Quarter (SW 1/4)
of the Northeast One -Quarter (NE 1/4 ) of said Section 26; Thence North 89°09'59" East, a
distance of 1,299.45 feet to the East One -Quarter (E 1/4) corner of said Section 26, also being
the Northeast (NE) corner of the Northeast One -Quarter (NE 1/4) of the Southeast One -Quarter
(SE 1/4) of said Section 26; Thence South 01 °04' 13" West, a distance of 1,337.38 feet to the
Southeast (SE) corner of the Northeast One -Quarter (NE 1/4) of the Southeast One -Quarter (SE
1/4) of said Section 26; Thence continue South 01 °04' 13" West, along said section line, a
distance of 1,337.38 feet to the Point of Beginning.
Together with the following easements:
A Perpetual, Non -Exclusive Easement for Ingress and Egress, 50 feet in width, lying
along the east line of Section 35, Township 36 South, Range 37 East, Saint Lucie
County, Florida, reserved in that warranty deed recorded in Official Records Book
736, Page 1244, of the Public Records of Saint Lucie County, Florida.
2. Perpetual, Non -Exclusive Easements for Ingress and Egress across the following
described properties described in that Grants of Easement recorded in Official Records
Book 1187, Page 2272, of the Public Records of Saint Lucie County, Florida; Parcel
(b): The North 40 Feet of Section 36, Township 36 South, Range 37 East, Saint Lucie
ACTIVE:19898245.1
County, Florida, Less the East 125 Feet Thereof, and Parcel (c): the East 40 Feet of
the North 40 Feet of Section 35, Township 36 South, Range 37 East, Saint Lucie
County, Florida.
3. An Irrevocable Permit for the Use and Maintenance of Roads and Canal Crossings for
Ingress and Egress Purposes, both pedestrian and vehicular, established by a resolution
relating to legal access to private lands over facilities within district Rights -of -Way
established by the Board of Supervisors of the North St. Lucie River Water Control
District Recorded in Official Records Book 669, Page 699, of the Public Records of
Saint Lucie County, Florida.
ACTIVE:19998245.1
SKETCH AND LEGAL
DESCRIPTION
(THIS IS NOT A SURVEY)
TREE MITIGATION LEGAL DESCRIPTION
EXHIBIT
00
NOT VALID WITHOUT SHEET 2 OF 2
LEGAL DESCRIPTION:
A PARCEL OF LAND BEING LOCATED IN SECTION 26. TOWNSHIP 38 SOUTH, RANGE 37 EAST. ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
OOIIMf710E AT THE EAST QUARTER CORNER OF SAID SECTION 20; THENCE NORTH 01'02'16' EAST ALONG THE EAST LINE OF SAID SECTION 26, A DISTANCE OF
1.337.53 FEET TO THE NORTHEAST CORNER OF THE SOUTH ONE-HALF (1/2) OF SAID NORTHEAST ONE -QUARTER (1/4) OF SECTION 26;
THENCE SOUTH B9.13'38" WEST ALONG THE NORTH LINE OF SAID SOUTH 1/2 OF THE NORTHEAST ONE -QUARTER (1/4) OF SECTION 26. A DISTANCE OF
1.323.10 FEET;
THENCE SOUTH OWSW22" WEST, A DISTANCE OF 20.35 FEET TO THE PONE OF 6011INW O;
THENCE CONTINUE SOUTH 00'54'22" WEST, A DISTANCE OF 314.59 FEET;
THENCE SOUTH 53'54'22' WEST, A DISTANCE OF 219.00 FEET;
THENCE SOUTH 89'5138" WEST, A DISTANCE OF 46&31 FEET;
THENCE NORTH 14 12'59" FAST, A DISTANCE OF 192M FEET TO THE WETLAND BUFFER LINE OF WETLAND 1 AS PROVIDED BY EW CONSULTANTS, INC.;
THE FOLLOWING 25 CALLS ARE ALONG SAID WETLAND BUFFER LINE:
1) THENCE SOUTH 0510'54' EAST, A DISTANCE OF 16.99 FEET;
2) THENCE SOUTH 71'34'42" EAST, A DISTANCE OF 33.98 FtET;
3) THENCE NORTH 85'25'47" FAST. A DISTANCE OF 26.99 FEET;
4) THENCE SOUTH 86'45'46" EAST. A DISTANCE OF 41.13 FEET;
5) THENCE SOUTH 5053'15" FAST. A DISTANCE OF 18.37 FEET;
6) THENCE SOUTH 29r45'55' EAST, A DISTANCE OF 10.45 FEET;
7) THENCE SOUTH 3342'40" EAST. A DISTANCE OF 12.44 FEET;
8) THENCE SOUTH 51'21'48" WEST. A DISTANCE OF 23.58 FEET;
9) THENCE SOUTH 28'19'09" WEST, A DISTANCE OF 45.44 FEET',
10) THENCE SOUTH 2SD2'02' EAST, A DISTANCE OF 39.34 FEET;
11) THENCE SOUTH 7318'50' EAST, A DISTANCE OF 22.69 FEET;
12) THENCE SOUTH W54-W EAST, A DISTANCE OF 3D.71 FEET;
13) THENCE NORTH 75'32'27' EAST, A DISTANCE OF 63.76 FEEL;
14) THENCE NORTH 8327'32' EAST, A DISTANCE OF 49.66 FEET;
15) THENCE SOUTH 6T46'0O' EAST, A DISTANCE OF 19.91 FEET'.
16) THENCE SOUTH W42'52' EAST, A DISTANCE OF 4&85 FEET;
17) THENCE NORTH 7&28'36" EAST, A DISTANCE OF 30.69 FELT;
18) THENCE NORTH 47'15'14" EAST, A DISTANCE OF 59.71 FEET;
19) THENCE NORTH 3T28'29" EAST, A DISTANCE OF 81.84 FEET;
20) THENCE NORTH 28'16'07" EAST. A DISTANCE OF 54.37 FEET;
21) THENCE NORTH 1)(F10'30" WEST, A DISTANCE OF 73.74 FEET;
22) THENCE NORTH OIT33'11" WEST, A DISTANCE OF 61.76 FEET;
23) THENCE NORTH 46OD'511" WEST. A DISTANCE OF 65.84 FEET;
24) THENCE NORTH 61'44'35" WEST. A DISTANCE OF 81.23 FEET,
25) THENCE NORTH 0701'39" WEST, A DISTANCE OF 5&13 FEET;
THENCE NORTH 89'14'32' EAST, A DISTANCE OF 303.55 FEET TO THE PONE OF l4g 11IN0:
SAID LAND LYING IN ST. LUCIE COUNTY, FLORIDA CONTAINING 2.151 ACRES MORE OR LESS.
SURVEYORS NOTES:
NDT VALID WITHOUT THE SGMTURE AND ORIGINAL SEAL OR THE AUTHORIZED DIGITAL
STGFWTURE OF A FLORIDA LICENSED PROFESSIONAL SURVEYOR AND MAPPER. THIS INSTRUMENT
MAY NOT BE REPRODUCED IN PART OR WHOLE WITHOUT THE CONSENT OF THE SIGtNNG
SURVEYOR.
LANDS DESCRIBED HEREON WERE NOT ABSTRACTED. BY THE SURVEYOR. FOR OWNERSHIP,
FIASEMDITS. RIGHM-OF-WAY OR OTHER INSTRUMENTS THAT MAY APPEAR IN THE PUBLIC
RECORDS OF Sr. LUCIE COUNTY, FL.QI Dk
THE DESCRIPTION CONTAINED HEREIN AND THE ATTACHED SKETCH DOES NOT REPRESENT A
Bsm
:! ASSOCIATES 4
LAND SURVEYING SERVICES _
QO SE UA Lent, Okeechohe , FL 3497,1
riekY•ke.yieF16UFr �arnva4;errr
en3.d6d.R72a l6 OiFS
RICHARD E.
Digitally signed by
RICHARD E. BARNES III,
BARNES III,
PSM#7074
PSM #7074
Date: 2023.10.1911.43:50
SIGNED:
o400'
__ DATE:---
RICHARD E. BARNES III
PROFESSIONAL SURVEYOR AND MAPPER NO.
STATE OF FLORIDA
SKETCH AND LEGAL
SGME:
PRWEN N0:
1 REVISION:
DESCRIPTION
N/A
20-111
THIS IS NOT A SURVEY)
TREE MITIGATION LEGAL DESCRIPTION
ST. LUCIE COUNTY, FLORIDA
DAY+_:
10/10/23
CAD FILE:
20-110
SHEET:
1 OF 2
NOT VALID WITHOUT SHEET 1 OF 2
P.O.B. = POINT OF BEGINNING
P.O.C. = POINT OF COMMENCEMENT GRAPHIC SCALE
P.B. = PLAT BOOK
PG. = PAGE 0 100 200
O.R.B. = OFFICIAL RECORDS BOOK Feet
R/W = RIGHT OF WAY
C/L = CENTERLINE 1 INCH 100 FT.
ID = IDENTIFICATION (INTENDED DISPLAY SCALE)
S = SECTION
T = TOWNSHIP
R — RANGE PARCEL ID: NORTH LINE OF THE S 1/2
3126-111-0001-000-4 OF THE NE 1/4
ID = IDENTIFICATION OF S28—T36S—R37E _
-------------------------
PAR
CEL
J v f
PARCEL ID:
3120-131-0001-000-6
i a W i W W i ♦ ♦
y y ♦ W V i W i W W W
W V V W i Y W J J W V W
r V ♦ y W J ♦ W i W W ♦ W
V W i W W V r W J J i W W J
y i ♦ W W V i V W ♦ V y a W
V W W W V V W V W W r a W Y Y
2S.D0' V ♦ W a ♦ i W W i V W V W ♦ Y a p�
WETLAND i W W W i V V ♦ W ♦ W J i W i lJV
BUFFER ♦ W ♦ V W W W W W W W W W i W i
y W J W i W W W W ♦ W V i V V W W
W ♦ ♦ ♦ a V J ♦ W V W i W W ♦ W W
♦ ,�, ,� y. .� i ♦ W Y W ♦ y V W V J W i
W V V i J a V a v Y _-,1^ 1 W V W V W W W
W V W W W V i ♦ W W i a W ♦ W W
V W W V V i ♦ i W J ♦ W i W W i V V W V
W V W V W W W W i ♦ W i Y J y W W W W i
V W i J V V W ♦ V V W W ♦ ♦ W ♦ W V W W V
y V W V y ♦ i W V V W ♦ W W Y ♦ ♦ ♦ W J
♦ ♦ W ♦ W i i W W W V W V W a i
♦ ♦ V a Y W J W W W i ♦ W V N
I L13 W i ♦ * ♦ W i W W W W ♦ V
~8 L1O Ll i W Y. ♦ `! W ♦ V y V Y i ♦ ♦ i
jv'v L14 J ♦ W W J 'Y W V W ♦ W i
W V i ♦ W W y W V W V i
LIS ♦ a Y W V ♦ W W w W
v V i W W V W i ♦ W V 25A0'
Ab ♦ r W ♦ ♦ V V y W i V WETLAM
1� V i ♦ i W W W W• a i J i i BUFFER
J
V i W ♦ ♦ r W J Y V r�yp�
LINE TABLE
LDE N
BEARING
DISTANCE
U
WMIWI61E
1337.83'
L2
369'13'36'W
13P7.16•
L3
S00'64'22'W
20.36'
L4
S0D'641d2'W
31457
L5
L6
S53'64122'W
389$1'38'V
21947
46931'
L7
1114.12'S9'E
1925P'
LS
508'10'54'E
1I-W
L9
S71'34'42'E
33.98'
L21 Cy? L2—rLA
L79
LINE TABLE
LIIE B
BEARI1i<i
DISTANCE
u0
N�'2W47-E
26.99
LI1
SB6'45'46'E
4L13'
LD'
S54'3315'E
18.37'
L13
W9.45-05'E
10v/6'
U4
S33'42'4VE
12.44'
L1S
SSi'2Y48'W
23.36'
L16
SW19WW
45.44'
U7
S25'02'02'E
39.34'
LNI
S73'18'S9•E
22.69'
BSM t .
-.,ASSOCIATES 4
LAND S11RVErING SERVICES
. 60 6E I Ist lame. Okwe halree. FL 3404
rklryA arpec�bsr• sa,uiy. ram
ttu9,•184.k37i MRMS
�TAIVLE
L20
N75'3227'E
63.76'
L21
NB3.27'92'E
49W
L22
S67.46:WE
19.9Y
L23
SB5.42'S2'E
15.81f'
L24
N75.2B'36'E
3"9'
225
N47.15'14'E
59.71'
LES
N37.28R9E
8694'
L27
N29116'07'E
54.37'
DESCRIPTION
(THIS IS NOT A SURVEY)
TREE MITIGATION LEGAL DESCRIPTION
Sr. LUCIE COUNTY, FLORIDA
TREE WrATION
PARCEL
2.151 ACRES f
UNE TABLE
UNE B
BEARINB I
BIBTANCE
L28
N06•NM30'W
73.74'
L29
NB8.33.111W
61,76'
L30
N46'00'59'V
65104'
U
�—
P.O.C.
EAST QUARTER CORNER
OF SECTION 26—
TOWNSHIP 36 SOUTH
RANGE 37 EAST
SCALE PRwEGT ND: RmY1 om
1' a 1OD' 20-110
DAM CAD RLE: SNEM.
10/18/23 20-110 2 OF 2
71
-Fl
91
q
EW Consultants, Inc.
Natural Resource Management, Wetland, and Environmental Permitting Services
CONSULTANTS, INC.
EXHIBIT
d ♦1c ♦I
a
OC RANCH
PRESERVE AREA MONITORING AND MAINTENANCE PLAN
Prepared For:
OC RANCH
Prepared Bv:
EW Consultants, Inc.
November 2023
1000 SE Monterey Commons Boulevard, Suite 208 • Stuart, Fl- 34996 772-287-8771 ° Fax 772-287-2988
www.ewconsultants.com
EW Consultants, Inc.
Natural Resource Management, Wetland, and Environmental Permitting Services
L INTRODUCTION
The proposed OC Ranch tree mitigation area is comprised of 2.151 acres of preserve area
provided to offset previously completed tree impacts on the OC Ranch property. Figure 1
provided in the Appendix depicts the location of the preserve areas within the overall
property.
H. PRESERVE AREA DESCRIPTION
The 2.151 acre tree mitigation preserve area, comprised of native pine flatwoods habitat
has been designated to preserve existing native trees and palms as mitigation for previous
tree impacts. The vegetation assemblage includes a canopy and subcanopy strata dominated
by native slash pine and cabbage palm. The understory and groundcover strata within the
pine flatwoods habitat consists of a variety of native shrubs and herbaceous species
including saw palmetto, gallberry, fetterbush, myrsine, wild coffee, and cocoplum.
III. INTENT
This Preserve Area Monitoring and Maintenance Plan (PAMMP) has been prepared to
fulfill the requirements of the St. Lucie County, Florida, Land Development Code, Section
6.02.00 — Environmentally Sensitive Lands. The intent of this PAMMP is to ensure that OC
Ranch will provide for the proper management of the tree mitigation preserve area on the
site. This will be achieved by preserving and managing existing native upland habitat
conditions and existing native vegetation. With proper management, the preserve area will
provide foraging and nesting opportunities for a variety of wildlife, including listed species.
IV. IMPLEMENTATION
Responsibility for the implementation of the requirements set forth in this Plan will lie with
OC Ranch and its successors. Land management guidelines described in this PAMMP are
to be carried out in perpetuity by the responsible party.
V. PRESERVE AREA
The on -site preserve area will be managed to eradicate and control non-native invasive and
nuisance species in the tree mitigation area. All activities within the preserve area will be
governed by individual documents included in this PAMMP.
1000 SE Monterey Commons Blvd, Suite 208 • Stuart, FL 34996 772-287-8771 • Fax 772-287-2988
wuwv.ewconsufants.com
EW Consultants, Inc.
Natural Resource Management, Wetland, and Environmental Permitting Services
VI. PRESERVE AREA PROTECTION PLAN DURING
CONSTRUCTION
Although no current development activity is proposed, should future development be
undertaken, measures will be taken to protect the tree mitigation area from potential
damage during the Iand development process. In the event of future development activity,
the following minimum standards for vegetation protection shall be applied within the
project site.
A conspicuous, suitable protective barrier constructed of orange safety fencing or other
durable material, shall be placed and maintained along the tree mitigation area boundary
thereby protecting the preserve area. This fencing will be installed in a manner, unless
otherwise specified in the special conditions of a Notice of Vegetation Removal, as to
provide protection to the preserved vegetation during clearing and development activities.
All special conditions included in the Vegetation Removal permit will be closely followed.
In addition, preserve area signage will be installed as appropriate.
Special care shall be taken that the tree mitigation area is properly marked and highly
visible so that equipment operators can see the limits of permitted removal activity.
Protective barriers or protective designations shall remain in place until removal is
authorized by the Environmental Resources Department Director, or their designee. In the
event that any protective barriers are removed or altered and clearing activities are
conducted within an area identified for preserve, the Environmental Resources Department
Director, or their designee is authorized to direct that all land clearing and site alteration
work at the site be stopped until the barriers are restored. Corrective actions will be taken to
repair or replant any vegetation removed or damaged as a result of these encroachments.
The tree mitigation area shall be maintained in its natural state so as not to impair its
natural functions. No grade changes or excavation of any sort may be made within the tree
mitigation area that requires trenching or cutting of roots, except in compliance with the
terms of special conditions in an approved Vegetation Removal Permit. If underground
utilities must be routed through a protected root zone area, tunneling under the roots shall
be required. Irrigation shall be installed outside of the dripline of all protected trees.
No soil shall be removed from within the tree mitigation area. No fill material, construction
material, concrete, paint, chemicals, or other foreign materials shall be stored, deposited, or
disposed of within the tree mitigation area. No signs, permits, wires, or other attachments,
other than those of protective and non -damaging nature, shall be affixed or attached to
protected vegetation. If native plantings are to be installed within a vegetation preservation
area after removal of protective barriers or designations, installation shall be accomplished
using hand labor, unless use of light machinery is proven to be necessary and methodology
is approved by the Environmental Resource Department Director, or their designee. No
equipment, including passenger vehicles, shall be driven, parked, or stored or repaired
within the designated tree mitigation area.
1000 SE Monterey Commons Blvd, Suite 208 • Stuart, FL 34996 772-287-8771 ° Fax 772-287-2988
www.ewconsultants.com
EW Consultants, Inc.
Natural Resource Management, Wetland, and Environmental Permitting Services
Vegetation designated for preservation and/or protection that is destroyed or damaged as
part of the development of a site or parcel, shall be replaced by vegetation of equal
environmental value as specified by the Environmental Resources Department Director, or
their designee.
The authorized removal of any non -protected vegetation in the tree mitigation area shall be
accomplished using hand labor, unless use of light machinery is proven to be necessary and
methodology is approved by the Environmental Resources Department Director, or their
designee. Only the above ground portions of the non -protected vegetation may be removed
and the stump shall be properly treated with an approved herbicide; the root system of the
protected vegetation must remain undisturbed. If any roots of protected vegetation are
exposed or damaged, the contractor shall immediately correct the situation by covering the
roots with a high -quality soil to match the existing grades, pruning any splintered roots and
providing water until the vegetation has recovered.
The applicant shall provide the Environmental Resources Department Director, or their
designee, a written plan to control erosion which may occur as a result of the proposed
removal of non -protected vegetation. The erosion control plan must be approved by the
Environmental Resources Department Director, or their designee, prior to the
commencement of any removal of non -protected vegetation. All provisions of the plan
shall be incorporated as express conditions of any Notice of Vegetation Removal issued
under this paragraph.
VH. MAINTENANCE ACTIVITIES WITHIN ON -SITE PRESERVES
The tree mitigation area as shown on Figure 1 in the Appendix will be kept fires of nuisance
and non-native invasive vegetation in perpetuity. All Category I and H nuisance and non-native
invasive vegetation as listed by the Florida Invasive Species Council (fk.a Florida Exotic Pest
Plant Council) (Rule 513-57.007 FAC) will be eradicated in such areas. All treatment will be
through the application of appropriate herbicides labelled for use within the specific
environments. The criterion for acceptance of eradication for Category I and H non-native
invasive vegetation will be 100 percent kill and 95 percent kill for species present at nuisance
levels. If initial efforts do not achieve this criterion, follow up treatments will be conducted.
The tree mitigation area will be enhanced as described below. The proposed management
approach for the tree mitigation area is also outlined below.
1000 SE Monterey Commons Blvd, Suite 208 • Stuart, FL 34996 772-287-8771 ' Fax 772-287-2988
www.ewconsufants.com
EW Consultants, Inc.
Natural Resource Management, Wetland, and Environmental Permitting Services
• Scattered woody non-native invasive vegetation that may occur within the preserve areas.
o Any woody species will be eradicated by cutting, girdling, or drilling the trunk
and treatment of the stump or trunk with an appropriately labeled herbicide.
o The completion criterion of the woody non-native invasive eradication will be the
achievement of a 100 percent kill. If initial eradication efforts do not achieve
this criterion, follow up treatment will be conducted.
• Non-native invasive vegetation may also include non -woody species.
o Any eradication of non -woody non-native invasive vegetation will be through
application of appropriately labeled herbicide and left in -situ.
o The criterion for completion of eradication for all non -woody non-native invasive
vegetation will be the achievement of a 100 percent kill. If initial eradication
efforts do not achieve this criterion, follow up treatments will be conducted.
Non-native invasive vegetation eradication may generate vegetative debris that requires
disposal. If necessary, a staging and storage area for any such debris will be created
outside the limits of the tree mitigation area.
o Transport of vegetative debris from the tree mitigation area to the staging area
will be conducted in a fashion that minimizes the distribution and dispersal of
seeds from the debris.
o All large vegetative debris will be mulched or hauled off site and disposed of
appropriately.
o Herbicides are required for the treatment of all stumps and/or trunks of woody
vegetation to prevent re -growth, and for eradication of non -woody non-native
invasive and nuisance vegetation.
o All herbicide application activities will be conducted under the supervision of a
Florida Department of Agriculture and Consumer Services (FDACS) licensed
applicator who is certified for application of aquatic herbicides.
o All herbicides applied within aquatic areas must be property labeled for
application in such areas.
o All herbicides applied must include a visible tracer dye in the mix to facilitate
observation of treated vegetation.
• The site conditions are variable in terms of soil moisture and existing vegetation.
o The non-native invasive removal work will be conducted in a fashion that
minimizes disturbance of surface soils.
The tree mitigation area will be posted with permanent signs and boundary markers.
Signs will be at least 11 x 14 inches in size and will be posted in conspicuous locations
along the boundary, at frequency of no less than one sign per 500 feet.
1000 SE Monterey Commons Blvd, Suite 208 ' Stuart, FL 34996 772-287-8771 • Fax 772-287-2988
www.ewconsultants.com
EW Consultants, Inc.
Natural Resource Management, Wetland, and Environmental Permitting Services
It shall be the responsibility of OC Ranch or its successors to maintain the tree mitigation area
subject to this PAMMP in accordance with the vegetative success criteria in perpetuity. St.
Lucie County will be notified within 30 days of any transfer of such responsibilities.
VIII. PRESERVE AREA RESTORATION
The current conditions of the tree mitigation area exhibit well under 5% coverage by invasive
non-native or nuisance vegetation. The performance standards for continued maintenance
control in the tree mitigation area includes achieving a minimum 90% coverage free of
Category I and II invasive non-native plant species. These success criteria will be tracked
through the five year monitoring program and will be met consistently throughout the
monitoring period.
IX. PRESERVE AREA MONITORING
Monitoring reports will document vegetation in the tree mitigation area as measured in
presence and percent coverage of the canopy/understory strata and groundcover strata. The
total percent cover will not exceed 100 percent, and each species documented will be reported
in both common and Latin names. Vegetation coverage will be measured by visual
observation. Photo -documentation will be included with each report with photos taken facing
the respective monitoring locations in order to provide additional documentation of the general
conditions. In addition to vegetative coverage documentation, observed wildlife utilization or
indicators of wildlife (i.e. tracks, scat, etc.) will also be noted.
Monitoring will be conducted on an annual basis with data collection scheduled annually after
submittal of the time zero monitoring report. Reports will be provided to the St. Lucie County
Environmental Resources Department on an annual basis during the first five years so that
maintenance activity can be closely tracked.
The following is the proposed schedule associated with the on -site maintenance and
monitoring activities which will be initiated upon receipt completion of the Conservation
Easement recording:
1000 SE Monterey Commons Blvd, Suite 208 • Stuart, FL 34996 772-287-8771 • Fax 772-287-2988
www.ewconsultants.com
EW Consultants, Inc.
Natural Resource Management, Wetland, and Environmental Permitting Services
Activit-v
Date
Submit Time -Zero Report
Month 1
Submit i$' Annual Report
Month 12
Conduct Necessary Maintenance
Month 13
Submit 2"d Annual Report
Month 24
Conduct Necessary Maintenance
Month 25
Submit 3rd Annual Report
Month 36
Conduct Necessary Maintenance
Month 37
Submit 4'h Annual Report
Month 48
Conduct necessary Maintenance
Month 49
Submit 5a' Annual Report
Month 60
1000 SE Monterey Commons Blvd, Suite 208 ' Stuart, FL 34996 772-287-8771 • Fax 772-287-2988
www.ewconsultants.com
EW Consultants, Inc.
Natural Resource Management, Wetland, and Environmental Permitting Services
APPENDIX
1000 SE Monterey Commons Blvd, Suite 208 • Stuart, FL 34996 772-287-8771 • Fax 772-287-2988
www.ewconsubnts.com
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