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HomeMy WebLinkAbout2001 11 26 Consent B Florida National Scenic Trail/ Cross Seminole Trail Management Plan COMMISSION AGENDA ITEM B Consent X Informational Public Hearing Regular November 26, 2001 Meeting ~~ /J Mgr. / Attor / Authorizati REQUEST: The Community Development Department requests authorization to submit the Florida National Scenic Trail/Cross Seminole Trail (FNST/CST) Management Plan to the Board of Trustees of the Internal hnprovement Trust Fund. PURPOSE: The purpose of this Agenda Item is to request the Commission authorize the submission of the FNST/CST Management Plan, prepared pursuant to the management of public land owned by the State of Florida, to the Board of Trustees, APPLICABLE LAW AND PUBLIC POLICY: Section 253.42 of the Florida Statutes states, "The Board of Trustees of the Internal hnprovement Trust Fund ofthe state may exchange lands held or owned by, or vested in, said board for other lands in the state owned by private individuals or corporations; and fix the terms and conditions of any such exchange, and select and agree upon the lands to be so conveyed by said board; and the lands to be conveyed to said board in exchange therefore; and agree upon and payor receive, as the case may in the judgment of said board require, any sum or sums of money deemed necessary by said board for the purpose of equalizing the values of such exchanged property, and make and enter into contracts or agreements for such purpose or purposes." Section 259.101(d) ofthe Florida Statutes states, "One of the purposes of the Florida Communities Trust program is to acquire, protect, and preserve open space and recreation properties within urban CDDlNovember 15,2001/3:25 PM November 26,2001 CONSENT AGENDA ITEM B Page 2 areas where pristine animal and plant communities no longer exist. These areas are often overlooked in other programs because of their smaller size and proximity to developed property. These smaller parcels are, however, critically important to the quality oflife in these urban areas for the residents who live there as well as to the many visitors to the state. The trust shall consider projects submitted by local governments which further the goals, objectives, and policies of the conservation, recreation and open space, or coastal elements of their local comprehensive plans or which serve to conserve natural resources or resolve land use conflicts." Section 259.032(7) of Florida Statutes states, "The board of trustees may enter into any contract necessary to accomplish the purposes of this section. The lead land managing agencies designated by the board of trustees also are directed by the Legislature to enter into contracts or interagency agreements with other governmental entities, including local soil and water conservation districts, or private land managers who have the expertise to perform specific management activities which a lead agency lacks, or which would cost more to provide in-house." Section 253.034(5) of the Florida Statutes states, "Each entity managing conservation lands shall submit to the Division of State Lands a land management plan at least every 5 years in a form and manner prescribed by rule by the board." CONSIDERATIONS: 1. Two (2) parcels comprising the Schrimsher properties were exchanged on February 8, 2001 between the Schrimsher Land Fund and the Board of Trustees, which facilitated the realignment of the trail in the vicinity of the proposed Town Center. 2. Five (5) parcels comprising the Blumberg properties were acquired on April 18,2001 by the Board of Trustees, which subsequently linked the proposed Magnolia Square trailhead to existing and relocated sections of the trail. 3. A management plan for these properties must be approved by the Board of Trustees of the Internal Improvement Trust Fund within twelve (12) months of the execution of each lease agreement between the Board of Trustees and the Office of Greenways and Trails (OGT). FINDINGS: 1. The proposed management plan for the Schrimsher and Blumberg properties meet the minimum requirements established by Sections 253.034 and 259.032 ofthe Florida Statutes and Rule 18-2 of the Florida Administrative Code. 2. If authorized, the management plan would be submitted to the Board of Trustees and OGT CDDlNovember 15,2001/3:25 PM November 26,2001 CONSENT AGENDA ITEM B Page 3 for compliance review and approval. ST AFF RECOMMENDATION: Staff recommends the City Commission authorize the submittal ofthe proposed management Plan to the Board of Trustees and OGT for review and approval. ATTACHMENTS: A. FNST/CST Management Plan COMMISSION ACTION: CDDlNovember 15,2001/4:34 PM City of Winter Springs Florida National Scenic Trail/Cross Seminole Trail Management Plan Submitted for the consideration of the Board of Trustees of the Internal Improvement Fund AND The State of Florida Department of Environmental Protection Office of Greenways and Trails November 2001 TABLE OF CONTENTS Subiect Paae Section I. General Information A. Land Management Executive Summary 1 B. Common Name of the Property and Brief Description 2 C. Land Acquisition Program Under Which the Property Was Acquired 2 D. Proposed Multiple Use 2 E. Location, Boundaries, Site Improvements and Proximity Map 2 F. Legal Description and Acreage of the Property 2 G. Legislative Executive Directives that Constrain the Property's Use 3 H. Degree of Title Interest Held by the Board 3 I. Extent of Public Involvement and Local Government Participation in Developing the Plan 3 Section II. Natural Resources A. Aquatic Preserve or Area of Critical State Concern 3 B. Location and Description of Known and Reasonably Identifiable Renewable and Non-Renewable Resources 3 C, Description of Resources Listed in the FNAI 4 Section III. Usage of the Property A. Description of Past and Current Uses 4 B. Purpose for Which Land Was Acquired 5 C. Designated Use of Property 5 D. Adjacent Lands Essential to Property Management 6 E. Surplus Property 6 Section IV. Management Activities A. State and Local Authority 6 B. Responsibilities 7 C. Management Needs and Problems 7 D. Conflicts with Adjacent Land Uses 7 E. Cultural Resources 8 F. Natural Resource Restoration, Preservation and Management 8 G. Impact of Planned Uses 8 H. Compliance with State Lands Management Plan 8 I. Priority Schedule for Conducting Priority Management Activities 9 J. Cost Estimates for Conducting Priority Management Activities 10 TABLE OF CONTENTS (Continued) Subiect List of Exhibits 1. Neighborhood Area Map Realigned Trail 2. Legal Description 3. Wekiva River Aquatic Preserve Map Florida's Coastal And Aquatic Managed Areas Map 4. FNAI Letter (Forthcoming) 5. Interlocal Agreement for Trail Design, Construction And Management I. General Information A. land Management Executive Summary . Land Manaqinq Aqencv: City of Winter Springs through interlocal agreement with Seminole County . Common Name of Property: Blumberg Properties and Schrimsher Properties used for the realignment of the Florida National Scenic Trail/Cross Seminole Trail - Winter Springs Town Center Segments . Location: Seminole County, Florida . Acreaqe: Blumberg Properties: Schrimsher Properties: Total Acreage: 5.916 acres 8.210 acres 14.126 acres . Tvpe of Acquisition: Preservation 2000, Florida Greenways and Trails Program . Desiqnated Land Use: Multipurpose trail to be used in conjunction with the proposed Winter Springs Town Center . Surplus Acreaqe: None . Needed Acreaqe: None . Unique Features: The trail realignment would establish a foundation for the proposed pedestrian-oriented Town Center. By making the automobile an option rather than a necessity, the environment would ultimately benefit. The trail would Florida National Scenic TraiUCross Seminole Trail (Winter Springs Town Center Segment) Management Plan 1 link the compact, urban form of the proposed Town Center with proposed urban density and outlying low density development. Due to the location of the trail realignment in the Town Center and its proposed density, higher than average user counts and benefits (recreation, education, and environmental) are expected. B. Common Name of the Property and Brief Description The properties are commonly known as the Florida National Scenic Trail/Cross Seminole Trail - Winter Springs Town Center Segments. Owned by the Board of Trustees of the Internal Improvement Trust Fund under the authority of Section 253.034, F .S., the trail will become an integral part of the pedestrian and bicycle circulation system that will connect to the town square (Magnolia Square). The trail properties consist of two (2) parcels (otherwise known as the Schrimsher properties), which comprise a total of 8.21 acres and five (5) additional parcels (otherwise known as the Blumberg properties), which comprise a total of 5.916 acres. The two (2) parcels comprising the Schrimsher properties were exchanged between the Schrimsher Land Fund and the Florida Department of Environmental Protection to facilitate the realignment of the trail in the vicinity of the proposed Town Center. The five (5) Blumberg parcels were acquired in order to link the proposed Magnolia Square trailhead to existing and relocated sections of the trail. C. Land Acquisition Program Under Which Property Was Acquired The properties were acquired through the P-2000, Florida Greenways and Trails Program D. Proposed Multiple Use The trail is designed as a multipurpose facility for hiking, jogging, walking, bicycling, nature watching, skateboarding, and horseback riding, pursuant to Section 260.012(1), Florida Statutes. E. Location, Boundaries, Site Improvements and Proximity Map (See Exhibit 1) F. Legal Description and Acreage of the Property (See Exhibit 2) Florida National Scenic Trail/Cross Seminole Trail (Winter Springs Town Center Segment) Management Plan 2 G. Legislative or Executive Directives that Constrain the Property's Use There are no known legislative or executive directives that constrain the use of these properties as planned. H. Degree of Title Interest Held By the Board It appears that the degree of title interest held is fee simple. The trail corridor was acquired by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. I. Extent of Public Involvement and Local Government Participation in Developing the Plan Pursuant to Section 259.032(10)(b) of the Florida Statutes, management plans for areas over 160 acres require input from an advisory group, which shall conduct at least one public hearing within the County where the parcel or project is located. Since the subject properties comprise a total of only 14.126 acres, no public participation was necessary for the development of this plan. II. Natural Resources A. Acquatic Preserve or Area of Critical State Concern The Wekiva River Aquatic Preserve, located along the Orange-Seminole-Lake-Volusia County lines as shown by Exhibit 3, is the closest aquatic preserve in the immediate area. The trail will not impact this area. B. Location and Description of Known and Reasonably Identifiable Renewable and Non-Renewable Resources . Soil Types: Based on the Soil Survey of Seminole County, the dominant soils that occur on the properties are sandy to depths of more than 80 inches. Some soils have Spodic Horizon (locally referred to as hardpans) below 20 inches of the surface, and some areas with Spodic Horizon are underlain by loamy materials. . Archaeological and Historical Resources: There are no archaeological and historical resources known to occur on the properties. Florida National Scenic Trail/Cross Seminole Trail (WInter Springs Town Center Segment) Management Plan 3 . Water Resources: There are no water resources on the site. . State and Federallv Endanqered or Threatened Species: Both the Florida Fish and Wildlife Conservation Commission (FWC) and the Florida Natural Areas Inventory (FNAI) were consulted during the development of this management plan to determine if any listed species occur in the trail corridor. A search of FWC's wildlife observation database and FNAI's element occurrence database indicated there were records of a bald eagle (Haliaeetus leucocephalus) and eastern indigo snakes (Drymarchon corais couperi), both State and Federally listed as threatened. In 1999, however, the U.S. Fish and Wildlife Service determined the bald eagle nest had been abandoned. As recommended by FWC, a site specific wildlife inventory will be conducted on the trail corridor to determine the presence of rare, threatened or endangered species, prior to future construction activity. . Natural Communities and Features Using the 1987-1988 LANDSAT imagery (most recent), FWC determined the dominant land cover occurring on and around the trail corridor to be large hardwood and cypress swamp areas. Also occurring were pinelands and hardwood hammocks, smaller patches of shrubs and brushlands, barren or developed land and grasslands (agricultural or disturbed), and scattered areas of oak scrub and mixed hardwood pine. C. Description of Resources Listed in the FNAI Exhibit 4 is the official letter from FNAI, describing the resources on the properties herein referenced. III. Usage of the Property A. Description of Past and Current Uses The proposed realignment sites for the Florida National Scenic Trail/Cross Seminole Trail - Winter Springs Town Center Segments have mostly remained undisturbed native vegetation with minimal agricultural and residential use. Low-density residential and livestock grazing are the only known uses to have previously existed. Portions of the Schrimsher properties were once used as a railroad right-of-way. There are no other significant physical improvements on the sites. Florida National Scenic Trail/Cross Seminole Trail (Winter Springs Town Center Segment) Management Plan 4 B. Purpose for Which land Was Acquired The trail sites were acquired through the 1999 Greenways and Trails Program Preservation 2000 (P-2000) to connect greenspace and trail parcels dispersed through the City's Town Center and enhance conservation, outdoor recreation, and ground water quality. The properties were further acquired to provide public access to environmental preservation areas, multi-use trails and public parks and greenspaces. c. Designated Use of Property . ExistinQ Facilities and Uses: Since the trail segments described in this plan are currently unimproved, none of the planned activities occur on the site. The trail realignment areas are heavily wooded and surrounded by fences remaining from previous uses. The following are uses that exist in conjunction with the properties herein named: a. Schrimsher Properties: Comprised of vacant land zoned Town Center, with a portion currently used as pastureland. b. Blumberg Properties: Comprised of vacant land zoned Town Center, and the former site of two single-family residences. . Analysis of Multiple Use Potential: The following actions or activities have been considered under the multiple- use concept as possible uses to be allowed on the proposed trail. Approved uses are deemed to be compatible with the purposes for state acquisition, with the Conceptual State Lands ManaQement Plan, and with the FWC agency mission, goals and objectives as expressed in the AQency StrateQic Plan. Rejected means the action or activity is considered incompatible with one or more of these forms of available guidance for decision-making. Approved and rejected uses are as follows: Florida National Scenic Trail/Cross Seminole Trail (WInter Springs Town Center Segment) Management Plan 5 Action/ Activitv Approved Reiected a. Paved, multipurpose trail x b. Unpaved, equestrian trail x c. Improved all-terrain bicycle trail x d. Improved equestrian trail x e. Gazebo with historic interpretation x f. Protection of endangered and x threatened species g. Ecosystem maintenance x h. Soil and water conservation x i. Hunting x j. Fishing x k. Wildlife observation x I. Hiking x m. Bicycling x n. Horseback riding x o. Timber harvesting x p. Cattle grazing x q. Camping x r, Off-road vehicle use x s. Environmental education x t. Preservation of archeological and x historic sites u. Other uses (as determined on an x individual basis) D. Adjacent Lands Essential to Property Management There are no identified properties within or immediately adjacent to the subject properties that are essential to the management of either the Schrimsher or Blumberg properties. E. Surplus Property At this time, there are no plans to surplus any of the properties associated with this acqu isition. IV. Management Activities A. State and Local Authority Section 259.101, F.S., establishes Florida's Preservation-2000 Act to acquire, protect, and preserve open space and recreation properties within urban areas where pristine animal and plant communities no longer exist. Florida National Scenic Trail/Cross Seminole Trail (WInter Springs Town Center Segment) Management Plan 6 Once this management plan is approved and the initial development phase is completed by Seminole County (through an interlocal agreement between the County and the City of Winter Springs), the Office of Greenways and Trails will transfer the management of the trail to the City of Winter Springs. This will occur pursuant to Section 260.016(1 )(f), F,S., which authorizes the State to enter into agreements with any federal, state, local governmental agency, or any other entity for the management of greenways and trails for recreation and conservation purposes. The management plan for the Florida National Scenic Trail/Cross Seminole Trail - Winter Springs Town Center Segments was developed pursuant to Section 259.032(1 O)(a), which authorizes designated State, regional, local governmental agencies or private entities to develop and adopt, with the approval of the board of trustees, an individual management plan for each project designed to conserve and protect such lands and their associated natural resources. B. Responsibilities Through an interlocal agreement (Exhibit 5), Seminole County has agreed to entirely fund the design and construction of the realigned section of the Florida National Scenic Trail/Cross Seminole Trail - Winter Springs Town Center Segments, but management activities will be the sole responsibility of the City of Winter Springs. The City will provide police protection and garbage pickup. The City has also agreed to assume responsibility for the daily opening and closing of entrance gates, although this responsibility could be delegated to a local resident or stewardship group if approved by the City Commission. City staff will be responsible for the maintenance of associated fences, gates, interpretive facilities, and signs. The City does not anticipate sharing the management of the trail segments with any other government agency. C. Management Needs and Problems There are no known physical or zoning problems associated with the site, such as the unauthorized use of motorized vehicles, illegal dumping, hunting, etc. The greatest challenge to the future management of the trail segments is funding. The City will operate and maintain the trail, after improvements are made by the County. In addition to annual City budget appropriations for the trail, the City will generate revenue for trail management through special assessments. D. Conflicts with Adjacent land Uses The proposed improvements to the trail segments are keystones of the Town Center Master Development Plan, which establishes planning objectives for the properties in question, as well as surrounding properties in the Town Center. Therefore, the planned use of the subject properties does not conflict with the existing or planned uses of other adjacent properties. Florida National Scenic Trail/Cross Seminole Trail (Winter Springs Town Center Segment) Management Plan 7 E. Cultural Resources According to the Department of State, Division of Historic Resources (DHR), there were no identified archaeological sites on the subject properties. If any archaeological or historic sites are discovered in the future, DHR management procedures will be followed in order to protect those resources. Any ground disturbance of previously undisturbed areas will be coordinated with DHR staff. The collection of artifacts or disturbance of any archaeological or historical site on the subject property shall be prohibited unless prior authorization has been obtained from DHR. F. Natural Resource Restoration, Preservation and Management Given the disturbed nature of the trail and its narrow linear configuration, ecological restoration of natural communities is not a key management priority. The natural communities along the corridor include large hardwood and cypress swamp areas, pinelands and hardwood hammocks, smaller patches of shrubs and brushlands, barren or developed land and grasslands (agricultural or disturbed), scattered areas of oak scrub, and mixed hardwood pine. Although restoration is not a priority, all plants used in the trail design and development will be native to the respective communities found along the trail. G. Impact of Planned Uses The paved trail surface will be fifteen (15) feet wide, flanked on each side by a three- foot at-grade shoulder (to provide trail users a surface change rather than drop off). This paved trail design is recommended for trail facilities that are expected to receive moderate to heavy mixed use by pedestrians, skaters, and bicyclists. It was selected, due to the relatively high peak-period use expected on the trail, as opposed to eight (8) or ten (10) foot pavement widths for trails that seldom receive heavy mixed use. The unpaved trail surface will be eight (8) feet wide, flanked on each side by a ten and one half (10 %) foot wide undisturbed area and a three-foot at-grade shoulder (to provide trail users a surface change rather than a drop off). Similar paved trails located proximate to large population bases across the state can attract as many as 100,000 uses per year within the first one to two years. Access points to the trail include the Magnolia Square trailhead, multiple road crossings along both State Road 434 and Tuskawilla Road, and adjacent private property. H. Compliance with State Lands Management Plan The planned activities for the Trail are in compliance with the Florida State Comprehensive Plan. Planned activities such as hiking, bicycling, horseback riding and others comply with the state comprehensive plan by adhering to the following statutes: Florida National Scenic Trail/Cross Seminole Trail (Winter Springs Town Center Segment) Management Plan 8 . Section 187.201(10)(a) "Goal - Florida shall protect and acquire unique natural habitats and ecological systems, such as wetlands, tropical hardwood hammocks, palm hammocks, and virgin longleaf pine forests, and restore degraded natural systems to a functional condition." The State's acquisition of abandoned rail corridors and greenspace for conversion into trails provides outdoor recreation land. Through the introduction of vegetation native to Florida and exotic species control and maintenance, such acquisitions restore degraded areas to a more functional condition. . Section 187,201(10)(2) "Acquire, retain, manage, and inventory public lands to provide recreation, conservation, and related public benefits." The trail realignment is consistent with the state comprehensive plan, given the fact it was acquired with P-2000 funds through the Florida Greenways and Trails Program. The acquisition of the trail corridor complies with the above policy by taking an otherwise degraded strip and providing recreational opportunities and enhanced environmental quality. . Section 187.201(24)(2) "Acquire and manage public lands to offer visitors and residents increased outdoor experiences." The trail will offer recreational and non-motorized alternative transportation benefits for area residents, as well as statewide, national and international opportunities for visitors. The trail will ultimately link significant features of the proposed Town Center, while connecting to the Florida National Scenic Trail/Cross Seminole Trail to enhance the infrastructure of greenspace within the state. I. Priority Schedule for Conducting Priority Management Activities The following shall serve as a schedule for implementing the management activities described herein: Florida National Scenic Trail/Cross Seminole Trail (Winter Springs Town Center Segment) Management Plan 9 Activity I Tar Jet Year for Activity 2001 2002 2003 2004 2005 2006 Consultant Team Procurement X Consultant Team Selection X X Contractor Procurement X X Construction of Trail Features and X X Displays County Acceptance of Improvements X Implement Monitoring Program X Design and Print Nature Trail Guide X Dedication Ceremony/Open to Public X Update Management Plan X J. Cost estimates for Conducting Priority Management Activities The costs for developing a paved trail range between $100,000 and $200,000 per mile, depending on factors such as drainage, quality of existing base, and the number of water crossings. This figure includes trailheads, signage, and other amenities typically found along paved trails. Cost estimates for annual maintenance of the trail would typically be as follows: Mowing Trash Removal Litter Control Security Miscellaneous Maintenance TOTAL $ 2,500 2,000 1,000 4,500 2,000 $12,000 When the trail is fully developed, there will be a need to readdress the herein described estimates. Florida National Scenic Trail/Cross Seminole Trail (Winter Springs Town Center Segment) Management Plan 10 Exhibit 1 ~1-::;1\"2 ;:J- :../1 .::r.""~\ ..J.t~-J--: \.... ....--{:./ l......~ I - ~-. I /I~ ". I .~,(> - J I) r'" ..-, L"'U -,. 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'- ty'" .r.-- 1 --fI\ .--L ..J ,I " '.' \ ..~)) -,(. _\ lL.. <. ....r...(..L-~II'\ '.".'I~l ...<~': \., _.....i_~...-~:.\~-;. ,I ... ro i ,(. \1 --1r\ c;") / I)", , .,-.:\. .... '<' "1 '- L-.l..J- .......JI /_-/'/ "'... I 'i' 'to. ~.\ .. . I ., '4' L ..' .' '.. I L J.----- " . I '> .....j I ,-':\./.' .....' - -.--,,-', -, , >[---1 1 ..---..'. . ,.' or' " .:\ " CO ----r-.l--I~..........:.-~....<... ."/.)1'" :...._---.t,.,.~... I~....... ~ ' . ,-' ,- -.... .....- L '~--Tl I '\ 8,./7;/ />~,~-:-- ,\~-"']- ,..1,....1 I Y." , ," I' I .. I ,",' . or' .__~, l 417 JJ~:\Jd;:l,- (~~:Rl _' T.". -__.,j I [~'l'- F' F '-1"1' I -~ ......~~'. ,......., ^ TE ROA EXISllNC FDEP COR.RI[}R {FtDR!DA NA nONAL SCEl\.'1C lRAJL &: CROSS SEMINOLE TRAIt . D LEGEND PAVED AND UNPAVED REALIGNED TRAIL ROW (Proposed Exchange) 4.1 Acres.Paved Trail Route ROW 5,1 Acres-Unpaved Trail Route ROW 9.2 Acres Total EXISTING FOEr SURPLUSED ALIGNMENT .'!c6~~~Tpt!,1 O CENTRAL WINDS TRAILHEAD (Vehicular/ All Users) I. . ........ EXISTING FOEP ..,.. TRAll CORRIDOR ......... PUBLICLY OWNED .,.. UNPAVED STREET ROW (40' WIDE) TRAll.HEADS II EXISTING FOEP TRAIL CORRIDO (Paved and Unpaved) NOTE: Exchanged properties under 1 owner (SchrirriSher Properties) II MAGNOLIA SQUARE TRAILHEAD (Proposed Exchange) II DOT S.R. 434 REALIGNED TRAIL OVERPASS (Proposed Exchange) ~ ~~1~~XPI~NMENT REALIGNED TRAIL City of Winter Springs, Florida ~~~~.~ N ."'."",' :X " . :it. -... ~. 400' 400' 100" ~: 1".4000'-0" Exhibit 2 JFFICI,'I: ~: ~ ililQS =JOOK i'i\G~. EXHIBIT "A" 3574 0558 :,EHIHCLt. 1.(1. fl 10 Warranty Deed from Roben A. Yeager, Truslee, 10 ZP NO, ~6, LIMITED PARTNERSHIP, a florida Umiled Pannership COMMENCE AT THE NORTHEAST CORNER OP SECfION 8, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA; 1lIENCE RUN 5OO'24'55'E, ALONG TIlE EAST UNE OF THE NORTHEAST 1/4 OF SAID SECTION 8, A DISTANCE OF 205.j6 FEET TO THE NORTIlERLY RIGHT-OF-WAY UNE OF 1lIE LAKE CHARM BRANCH OP THE SEABOARD COAST UNE RAILROAD (S.C.L) (/00' R1W); THENCE RUN N~14"34'57'W, ALONG SAID NORTIlERLY RIGHT-oF-WAY UNE, A DISTANCE OF 293.14I'EETTO A POINT ON A CURVE, CONCAVESOUllfWESlERLY, HAVING A CEHTRAL ANGU! OF 24'44'10" AND A RADIUS OF 1959.19 FEET; THENCE RUN NORTIfWESTERLY AlONG THE ARC OF SAID CURVE AND SAID NORTIlERLY RIGHT-oP-WAY UNE, A DISTANCE OF 845.83 PEET TO THE POINT OP TANGENCY; THENCE RUN N79'IS'WW. ALONG SAID NORTHERLY RIGHT-OF-WAY UNC, A DIST ANCI! OF 69/.26 FEET TO THE POINT OF CURV ATIJRE OF A CURVE, CONCAVE SOUTIlWESTERLY, HAVING A CENTRAL ANGLE OP lI'~'38' AND A RADIUS OF 2612.09 FEET; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY UNE, A DISTANCE OF 536.92 FEET TO TIlE POINT OF TANGENCY: THENCE RUN S8S'55'08'W, ALONG SAID NORTHERLY RIGHT -0F-WA Y UNE, A DISTANCE OF 178.11 FEET TO 11IE WEsTERLy RIGHT'()F-WAY UNE OF VISTA WILLA DRIVE; nIENCE RUN NI0'23'19'E, ALONG SAID WESTERLY RIGHT-OF-WAY UNE, A DISTANCE OF 16.23 FEET TO TIlE POINT OF CURVATIJRE OF A CURVE. CONCAVE SOUTHEASTERLY, HAVING A CENTRAL ANGLE OF 69'00'18' AND A RADIUS OF S40.00 FEET; TIlENCE RUN NORTHEASTERLy ALONG THE ARC OF SAID CURVE AND SAID WESTERLy RIGHT -OF-WAY UNE, A DISTANCE OF ~.36 FEET TO mE POINT OF REVERSE CURVATURE OF A CURVE. OONCAVE NORmWESTERLY, HAVING A CENTRAL ANGLE OF 14"31'22" AND A RADIUS OF 710.00 FEET; llffiNCE RUN NORTHEASTERLY ALONG TIlE ARC OF SAID aJRVEAND SAID WESTERLy RlGHT..()F.WAY LINE, A DISTANCE OF 18.5.33 FEET TO TIlE POINT OF BEGINNING: THENCE DEPARTING SAID WESTERLY UNE, RUN NJO'22'39'W, A DISTANCE OF 356.04 FEET: 11{ENCE N89.S2'39'W, A DISTANCE OF 64.13 FEET; THENCE Noo'IO'S3'E, A DISTANCE OF 512.64 FEET; THENCE N89"49'07'W, A DISTANCE OF 26.19 FEET: THENCE NOO'IO"J'E, A DISTANCE OF 123.79 FEET TO A POINT ON THE SOUTII RIGHT-OF-WAY UNE OF STATE ROAD 434; TIlENCB RUN S89'49'07'E, ALONG SAID SOUTIi RIGHT-OF-WAY IlNE. A DISTANCE OP 664.46 FEET TO A POINT ON THE AFOREMENTIONED WESTERLY RlGHT..QF-WA y UNE OF VISTA WIll.A DRIVE; rnENCE DEPARTING SAID Soum RlGHT"()F-WAY LINE. RUN l1IE FOLLOWING COURSES AND DISTANCES ALONG SAID WESTERLY RlGHT..()F-\\'AY UNE; 11IENCE SOO&27'J8'W, A DISTANCE OF 206.8.5 FEET; THENCE SOS'IS'OO'E, A DISTANCE OF 100.50 FEET TO A POINT ON A OJRVE, CONCA VB NORTHWESTERLy, HAVING A CENTRAL ANGLE OF 63 '58'36" AND A RADIUS OF 710.00 FEET; THENCE FROM A TANGENT BEARJNG OF SOO'27'39'W, RUN SOUTIIWFSTERL Y ALONG THE ARC OF SAID 0lRVE. A DISTANCE OF 792.79 FEET TO THE POINT OF BEGINNING. Comparable Sale # 4 (77-3574-556) Deed I I '-- ~ ,~. ;. l "'~r~. JHICI,\~ ;'.:~ililD$ =lOOK i'/\G~. 3574 0558 EXHIBIT "A" :,EH1HCU: 1.(1. Fl 10 Warranty Deed from Robert A. Yeager, TruSlce, to ZP NO. .56, UM'TED PARTNERSHIP, a Florida limited Partnership COMMENCE AT THE NORTHEAST CORNER OF SECTION 8, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FlDRlDA; THENCE RUN SOO'24""E, ALONG THE EAST UNE OF THE NORTHEAST 1/4 OF SAID SECTION 8, A DISTANCE OF 20',.56 FEET TO THE NORTHERLY RIGHT-OF-WAY UNE OF THE LAKE Of ARM BRANCH OF THE SEABOARD COAST UNE RAILROAD (S.C.L.) (/00' R1W); THENCE RUN NW34',rW, AWNG SAID NORTHERLY RIGHT-OF-WAY UNE, A DISTANCE OF 293.141-"EET TO A POINT ON A CURVE, CONCA VESOUTHWESTERLY, HAVING ^ CENTRAL ANGLE OF 24'44'/0' AND A RADIUS OF 19S9.19 FEET; THENCE. RUN NORTHWESTERLY AWNG THE ARC OP SAID CURVE AND SAID NORTHERLY RIGHT-OP-WAY UNE, A DISTANCE OF 84.5.83 FEET TO THE POINT OF TANGENCY; THENCE RUN N79'IS'14'W, ALONG SAID NORTHERLY klGHT-OF-WAY UNE, A DISTANCE OF 691.26 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OP 11"46')8' AND A RADIUS OF 2612.09 FEET; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY UNE, A DISTANCE OF .536.9'2 FEET TO THE POINT OF TANGENCY: THENCE RUN S8S''''08'W, ALONG SAID NORTHERLY RIGHT-OF-WAY UNE, A DISTANCE OF 178.11 FEET TO THE WESTERLY RIGHT-OF-WAY UNE OF VISTAWlLU DRIVE; 'ntENCE RUN NI0'23'19'E, ALONG SAID WESTERLY RIGHT-OF-WAY UNE, A DISTANCE OF 16.23 FEET TO THE POINT OF CURVATIJRE OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A CENTRAL ANGLE OF 69'00'18' AND A RADIUS OF 540.00 FEET; THENCE RUN NORTHEASTERLY ALONG TIm ARC OF SAID CURVE AND SAID WESTERLY RIGHT -OF-WAY UNE, A DISTANCE OF 6.50.36 FEET TO THE POINT OF REVERSE CURV ATIJRB OF A CURVE. CONCAVE NOR11fWESl'ERL Y, HAVING A CENTRAL ANGUi OF 14".57'22" AND A RADIUS OF 710.00 FEET; ntENCE RUN NORTHEASTERLY ALONG TIlE ARC OF SAID aJRVE AND SAID WESTERLY RIGHT -OP.W A Y UNR, A DISTANCE OF 18$.33 FEET TO THE POINT OF BEGINNING: THENCE DEPARTING SAID WESTERLY UNE, RUN N30022'39'W, A DISTANCE OF 3.56.04 FEET: THENCE N89'S2'39'W, A DlSTANCI! OF 64." FEET; 1llENCE NOO"IO'S3'E, A DISTANCE OF "2.64 FEET; THENCE N89-49'07'W, A DlSTANCl!OF26.19 FEET; THENCE NOO'tO',53"E. A DISTANCE OF 123.79 FEET TO A POINT ON THE SOl11lf RIGHT-OF-WAY UNE OF STATE ROAD 434; THENCE RUN S89'49'07"E, ALONG SAID SO\JTII RIGHT-OF-WAY UNE, A DISTANCE OP 664.46 FEET TO A POINT ON mE AFOREMENllONED WESTERLY RIGHT-oF-WAY UNE OF VISTAWlUA DRIVE; THENCE DEPARTING SAID SOUTH RIGHT-OF-WAY UNE, RUN 11fE FOLLOWING COURSES AND DISTANCFS ALONG SAID WESTERLY RIGHT-OF-WAY UNE; THENCE sooo27'3S'W, A DISTANCE OF 206.8.5 FEET; THENCE SOSOts'oooE, A DISTANCE OF 100..50 FEET TO A POINT ON A aJRVE, CONCA VB NORTHWESTERLY, HA VlNG A CENrRAL ANGlE OF 63 058')6" AND A RADIUS OF 710.00 FEET: THENCE FROM A TANGENT BEARING OF SOO'27'39'W, RUN SOUTHWFSTERL Y ALONG THE ARC OF SAID OJRVE, A D1ST ANCI! OF 792.79 FEET TO THE POINT OF BEGINNING. j Comparable Sale #.1l (77 -357 4-556) Deed Exhibit 3 Wekiva River Aquatic Preserve ....... ..~...."; Deiand . " ""'/'" '~~-'l(:l ,...~;.. Lake County 7n~ r .. . ~ La e Helelj ". J i' tLLLL..'V c (f) Apopka _~77J.--'l. r,.a .~?'(-IJ"' -t". , Orange County \ ~ i~ ""':~-r:'/;. ?3r:"IJ,? Yt 0, .h:::'. ~ '/ ' /-)' .r:Y:~i"~)" ':-}-.? )~ County '.L, v-~,{'uv;~!S:af1 ord ~ .... ./;ft~ 1\ r' ~,." ~ . ,-~7/-/;.(",,;;""4~"( . rrrr;;,.." " ..~,.~:. J ake Marytf~~0 ~~-L~L '~)-"" //J..-r-e)/7J. '. "C'C.": ;v~X(" /-r1? J-(:".(.t' , . '<( /'. / ' r~ ":, ,"'-td"~" y' . - lJ-L ~ . '''.' .-- Sf r:;>-,. (.<,r:: .....-{.y-":.-/ '\ /""''-'171 'j v ., . . %'7J~?7'; I"~ . .~(?,1'/ '!.',,-r-t"'/l..r; . ~ :~" WInter Sp,nngs ,,'/,it " :{.__ 2 - 2 0 2 t1 -=-==--=-~ Kilc)l1lcl(~r~; + .......1'"1 [ \ I I' '. ~) 1.._ _..u._ ^, !"\ I l' Volusia : '---- 'c I ounty ,I Lake Created Milrch. 2000 County:' 'c";~~ ~I"-""~ Projection Albers L.,. ~OU!lly' \J I);lllllll I.JAf) HPGr" Or;:lrlq() \ /\qlldll': rlfl~SerV(~ IJOIlIl(I;lry r:re;:llec! by: r-' '\ 1:lol"lr!;, ;!brin(: 1'~(:~;(I;Jf(:h Insllltlle ' ~-' \ ,()IIIlly 1/ ''';:'':': il',': (HI:.:.: ll~ C();I~;I;II ;l:~d /'f;i]:ltlf: r'/1;lfl;lfjC~d l\rC';'I:; G)~ ,..... WZJ..,.,.. . . . . . . . . . . . . . . .:: ':': .:": ':";': Aquatic Preserve City limits 0.,... ~'r'77-'I-:'. (. ), .' ... .:./././././_/) o 2 t1 rvlilns J "' FLORIDA'S COASTAL AND AQUATIC MANAGED AREAS :-;-" --,f~~----7--~-- I : I I ! ! 'E~CAWell SAf\'A ACSA CKAlCCSA j ) f K:lwES ~LCOW. RIVER.! MARSf/i4l1CN$.\-.J I '\t, ~ i ! 1 ASt-lING1C '-;:, ): 1r>-. i _t.yEP9KY / ~~_<'" !lAY FORT PICKENS J ..._~\~ Q~ <.-<-- 0.-<-- ~~ ~a o - NERR 1 = ~~~~~(:~ii;~E T NA TIONAL i\1ARINE SANCTUARY 50 o 50 100 150 Miles 50 o 50 100 150 Kilometers DIVISION OF MARINE RESOURCES Bureau of Coastal and Aquatic Managed Areas ~ ~ ~ o o () ~ ROOKERY BAY CAPE ROMANO -!( TEN THOUSAND . ISLANDS BISCA YNE BA Y . CAPE FLORIDA TO MONROE COUNTY LINE /"L C;'."i.<;,; }/.~ ::. ;, Exhibit 4 (Letter from FNAI Is Forthcoming) Exhibit 5 AMENDED INTERLOCAL AGREEMENT BETWEEN THE CITY OF WINTER SPRINGS AND SEMINOLE COUNTY FOR THE DESIGN, CONSTRUCTION AND MAINTENANCE OF A PORTION OF THE CROSS SEMINOLE TRAIL, WITHIN THE CITY OF WINTER SPRINGS AND ITS TOWN CENTER THIS INTERLOCAL AGREEMENT, hereinafter referred to as the "AGREEMENT", is made and entered into this day of 2001 by the between SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services building 1101 East First Street. Sanford, Florida 32771, hereinafter referred to as the "COUNTY" and the CITY OF WINTER SPRINGS, a municipal corporation whose address is 1126 East State Road 434. Winter Springs, Florida 32708, hereinafter referred to as the "CITY", WHEREAS, this Trail Section (SECTION) of the Cross Seminole Trail/Florida National Scenic Trail ("CST/FNST") extends from Wade Street to Gardenia Avenue located within the CITY limits, including the Town Center (TOWN CENTER) and portions of unincorporated Seminole County. WHEREAS, the CITY has realigned the FNST/CST to be more beneficial to the community, the local and regional multi-use trail users and the economic development potential and fundamental design of the TOWN CENTER; and WHEREAS, the State Office of Greenways and Trails has certain rules and regulations governing the conditions under which the design, construction, and maintenance of the proposed section of the trail thereby requiring an interlocal agreement between the CITY and the COUNTY related to the design, construction, and maintenance of the trail section; and WHEREAS, the CITY and the COUNTY desire to enter into an interlocal agreement consistent with the rules and regulations of the Office of Greenways and Trails of the Florida Department of Environmental Protection to facilitate design, construction, and maintenance of the trail; NOW, THEREFORE, in consideration of the promises, mutual convenants and agreements and promises contained herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by the parties, the parties do hereby covenant; and agree as follows: SECTION 1. RECITALS. The foregoing recitals are true and correct and form a material part of this Agreement upon which the parties have relied. SECTION 2. DEVELOPMENT PARTNERSHIP. (a) In recognition of the long term mutual financial benefits which shall accrue to the CITY and the COUNTY through the development of the Winter Springs TOWN CENTER, the COUNTY will work with the CITY in the coordination and acquisition of sources of funds to design and construct the trail segments, the Central Winds Park and Magnolia Square Trailheads located within the Winter Springs TOWN CENTER. This partnership shall include, but not be limited to, the COUNTY continuing its programmatic efforts pertaining to a system of trails throughout Seminole County and prioritization of such effort, the COUNTY submitting applications for grant resources, the COUNTY participating in joint CITY/COUNTY applications for grant resources, and joint CITY/COUNTY/ developer participation from CITY/COUNTY/developer funds, all being consistent with the COUNTY'S and 2 CITY'S budgetary process and the COUNTY'S development and ~mplementation of a Countywide trail system and the appointment of resources relating thereto. SECTION 3. DESIGN AND CONSTRUCTION. (a) The COUNTY agrees to fund the design and construction of this trail section of the Cross Seminole Trail (paved and unpaved) of which part is within the TOWN CENTER. Construction shall be consistent with the Seminole County Cross Seminole Trail typical design standards and guidelines. (b) The County shall be reimbursed for the construction costs pertaining to this trail section development if and when Metroplan enhancement funds become available. SECTION 4. MAINTENANCE. (a) Upon completion of construction of the SECTION, the CITY shall be responsible for all grounds maintenance of the trail corridors and all maintenance of the trailheads within the Town Center Zoning District. The grounds maintenance shall include any irrigation and lighting and be consistent with current COUNTY policy relative to maintenance of trails throughout the COUNTY as depicted in Exhibit "A". The COUNTY will be responsible for the structural integrity of the trail. (b) The CITY reserves the right to create a special maintenance assessment district, consistent with State Law, to provide enhanced maintenance over and beyond that established by general COUNTY policy relative to the maintenance of the trails and trailheads. SECTION 5. STATE ROAD 434 TRAIL OVERPASS. Design, construction and infrastructure maintenance of the trail overpass over State Road 434 shall be the responsibility of the COUNTY. Funding for the design and construction of this 3 overpass will be based upon funds provided by the Florida Department of Transportation. SECTION 6. INTEGRATION/ENTIRE AGREEMENT. This Agreement shall constitute the entire agreement between the parties on this subject. The parties agree that there may be additional subsequent agreements on the issues set forth herein. SECTION 7. SEVERABILITY. If any section or portion of this Agreement is determined to be unlawful by a competent court of law, such determination shall not affect the remaining terms and conditions of the Agreement. 4 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day, month and year below written. ATTEST: CITY OF WINTER SPRINGS BY: Mayor ATTEST: Date: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA MARYANNE MORSE, Clerk to the Board of County Commissioners of Seminole County, Florida. By: Dick VanDer Weide, Chairman For the use and reliance of Seminole only. Approved as to fonn and legal sufficiency County. Date: As authorized for execution by the Board of County Commissioners at their , 200~ regular meeting, 5 Seminole County Parks & Recreation Grounds Maintenance Cross Seminole Trail Trash pickup Blowing Paved Areas Mowing grass Trimming Brush Cutting Fertilizing Weeding planted beds Watering Erosion repair 2 times a week minimum 2 times a week minimum 1 time a week Mar - Nov 1 time a month Dee - Feb As needed for safety As needed for safety As needed 1 time a month minimum As needed As needed for safety Exhibit A 6