HomeMy WebLinkAbout2001 12 03 Regular E Seminole County Interlocal Agreement
COMMISSION AGENDA
(REVISED)
Consent
Informational
Public Hearing
Regular X
ITEM E
~ SJ;)::;DI
Nove~, 2001
- Meeting
~
Mgr. / Attor /
Authorizatio
REQUEST:
The Community Development Department requests the City Commission approve and authorize the
Mayor to sign an amended lnterlocal Agreement with Seminole County for the design, construction
and maintenance of Certain Sections of the Cross Seminole Trail, within the City of Winter Springs
Town Center.
PURPOSE:
The purpose of this Agenda Item is to request the Commission approve the amended lnterlocal
Agreement between the City of Winter Springs and Seminole County for the design, construction and
maintenance of the Cross Seminole Trail within the Town Center. The general purpose of this
agreement is to delineate the responsibilities of the City and County as they relate to the design,
construction and maintenance of those sections of the trail. Specifically, the agreement would
authorize the County to entirely fund the design and construction of the Cross Seminole Trail (paved
and unpaved) lying within the Town Center and the City to maintain those improvements consistent
with County policy.
APPLICABLE LAW AND PUBLIC POLICY:
Section 260.012(5) of the Florida Statutes states, "The planning, development, operation, and
maintenance of the Florida Greenways and Trails System is declared to be a public purpose, and
the Department of Environmental Protection, together with other agencies of this state and all
counties, municipalities, and special districts of this state, is authorized to spend public funds for
such purposes and to accept gifts and grants offunds, property, or property rights from public or
CDDlNovember 27,2001/2:13 PM
November 26,2001
REGULAR AGENDA ITEM E
Page 2
private sources to be used for such purposes."
Section 260.016(1)(t) states in part, "The State may enter into agreements with any federal, state,
or local governmental agency, or any other entity for the management of greenways and trails for
recreation and conservation purposes consistent with the intent of this chapter. . . ."
CONSIDERA TIONS:
1. The Cross Seminole Trail will traverse the City of Winter Springs and its Town Center as a
part of the Florida National Scenic Trail.
2. Dover, Kohl and Partners, the City's planning consultant, recommended the realignment of
the previously existing trail location to enhance the economic development potential and
design of the overall Town Center.
3. On April 2, 1998, the County submitted a Trail Realignment application to the Office of
Greenways and Trails (OGT) of the Florida Department of Environmental Protection.
4. On April 26, 1999, the City Commission adopted the first interlocal agreement between the
City and County, which originally obligated the City to design, build and maintain the
relocated portions of the trail in the Town Center.
5. On July 25, 2000, the legislature approved the trail relocation.
6. On January 10, 2001, the transfer and closing of the property acquisitions for the relocated
trail portions occurred.
FINDINGS:
1. The design and construction of the trail is envisioned to be funded with federal-aid programs.
2. Local Agency Program (LAP) certification is required to use federal-aid funds for project
planning, project development, design, right-of-way acquisition and construction, and the City
does not have this certification.
3. The original interlocal agreement, adopted in April 1999 did not consider the LAP
certification requirement and only addressed the relocated trail segments.
4. The interlocal agreement, if approved, would obligate the County, as LAP certified, to design
and build the portions of the trail within the Town Center, while obligating the City to
maintain those same portions of the trail.
STAFF RECOMMENDATION:
Staff recommends the City Commission approve the amended interlocal agreement between the City
CDDlNovember 27, 200112:13 PM
November 26,2001
REGULAR AGENDA ITEM E
Page 3
of Winter Springs and Seminole County for the design, construction and maintenance of the
designated sections of the Cross Seminole Trail within the City's Town Center, subject to the
following condition:
1. Section 3 (Design and Construction) of the agreement should be amended to allow City input
toward the design of the trail segments within the Town Center.
ATTACHMENTS:
A. (Revised) Interlocal Agreement of 200 1
B. Interlocal Agreement, adopted April 26, 1999
C. Illustrative map indicating designated trails affected by the 2001 interlocal agreement.
COMMISSION ACTION:
CDDlNovember 27,200112:13 PM
ATTACHMENT A
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. MANAGEMENT. The Management of this portion of the Cross
Seminole Trail shall be in accordance with the Cross Seminole Trail Land Management
Plan and Operational Report, prepared by Seminole County, prepared for the Florida
Department of Environmental Protection, Office of Greenways and Trails, and Approved
by the Board of Trustees of the Internal Improvement Trust Fund, April 29, 1998 and
future amendments.
SECTION 3. 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 segment, 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
2
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
CITY'S budgetary process and the COUNTY'S development and implementation of
a Countywide trail system and the appointment of resources relating thereto.
SECTION 4. 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. The CITY shall participate in the design process for the trail
improvements. Design and construction shall be consistent with the Seminole
County Cross Seminole Trail Land Management Plan, typical trail design
standards, and guidelines.
(b) The County shall be reimbursed for the construction costs pertaining to this trail
section development if and when TEA-21 enhancement funds approved for this
project become available.
(c) The above referenced TEA-21 enhancement funds approved for the construction
of trail heads shall be applied to trail heads within the Winter Springs Town Center.
SECTION 5. 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
3
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 maintenance of the trails and trailheads.
SECTION 6. 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
overpass will be based upon funds provided by the Florida Department of
Transportation.
SECTION 7. 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 8. 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 form and legal
sufficiency County.
Date:
As authorized for execution by the Board
of County Commissioners at their
,2001 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 Dec - Feb
As needed for safety
As needed for safety
As needed
1 time a month minimum
As needed
As needed for safety
6
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ATTACHMENT B
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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
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WHEREAS, the State Office of Greenways and Trails _ha$ cert~ rules and
~.~'~{J:J ,.~;~., .',
regulations governing the conditions under which the desig,"!,., 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 implementation 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:
C lL;t/~=--
ATTEST:
BY:
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Date:
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/1.1;: k' t):~
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BOARD OF COWTY 'COMMISSIONERS
SEMINOLE cbl!~ry; J;LORIDA
, I
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MARYANNE MORSE, Clerk to the
Board of County Commissioners of
Seminole County, Florida.
By:
Dick Van Der Weide, Chairman
For the use and reliance of Seminole
only. Approved as to form and legal
sufficiency County.
Date:
As authorized for execution by the Board
of County Commissioners at their
, 2001 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 Dec - 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
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i,.,
L'fTERLOCAL AGREEMENT BETWEEN TfIE CITY OF \VINTER SPRINGS AND
SEiYfINOLE COUNTY FOR THE DESIGN, CONSTRUCTION AND MAL'\fTENANCE Of
CERTAlN SECTIONS OF THE CROSS SEiVfINOLE TRAIT- WITHIN THE CITY Of
\VINTER SPRINGS TOWN CENTER
THIS lNTERLOCAL AGREEiYlENT, HEREINAFTER REFERRED TO AS THE
1999
"Agreement," is made and entered into this 13th day of MAY , +~~g, 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, herienafter referred to as
the "C~UNTY", 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, the Florida National Scenic Trail/Cross Seminole Trail ("FNST/CST") segment
is currently aligned through the heart of the Winter Springs Town Center ("TOWN CENTER") and
does not enhance the economic development potential and fundamental design of the TOWN
CENTER; and
WHEREAS, the CITY has requested that the FNST/CST be realigned to a new location
more beneficial to the community, the local and regional multi-use trail users, and the development
potential and design of the TOWN CENTER; and
WHEREAS, the CITY on April 2, 1998, submitted a trail realignment application to the
State Office of Greenways and Trails has certaIn rules and regulations governing the conditions
under which a property owner may request the realignment of the trial, to which the property owner
has agreed; and
WHEREAS, the State Office of Greenways and Trails has certain rules and regulations
governing the conditions under which the proposed realigned section of the trail must be acquired,
construe'ted and maintained thereby requiring an interlocal agreement between the CITY and the
COUNTY related" to the acquisition, construction and maintenance of the proposed realigned section
CEflTl FJ ED co PY
MARY ANNE MORSE
CLERK OF CIRClJlf COURT
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of trail; and
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\VHEREAS, the utilization ot- the pilot trial section constructed within the City of Oviedo
and the City has demonstrated a need for parking and trial head facilities in addition to those
currently provided for in the COUNTY grant applications in order to efficiently and safely
accommodate trail users; 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 the proposed realignment;
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. ACQUISITION OF LAND. The CITY agrees, in conformity with the rules of
the Office of Greenways and Trails of the Florida Department of Environmental Protection, to
acquire, at no cost or expense to the COUNTY, the lands and rights necessary to accommodate the
trail realignment located within the TOWN CENTER as depicted in the attached Exhibit "A".
(
SECTION 3. CONSTRUCTIONIDEVELOPMENT P ARTNERSHlP
(a) The CITY agrees to entirely fund the design and construction of the realigned section
of the Cross Seminole Trail (paved and unpaved) lying within the TOWN CENTER
as depicted in Exhibit "A". Said construction shall be consistent with or exceed the
Seminole County Cross Seminole Trail typical design standards indicated in Exhibit
"8" and will conform with the design guidelines indicated in Exhibit "0".
(b) [n recognition of the long term mutual financial benefits which shall accrue to the
CITY and the COUNTY through the dcvelopmcnt or the Winter Springs Town
!,nril
Center, the COUNTY ablTees to become an affirmative partner with the CITY in the
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coordination and acquisition of sources of funds to construct the relocated trail
segments, the Central Winds Park and Magnolia Square Trail Heads further defined
in Exhibit "A" and 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
efforts, the COUNTY submitting applications for grant resources, the COUNTY
participating in joint CITY/COUNTY applications for grant resources, the COUNTY
providing written support of CITY applications for grant resources, and joint
CITY/COUNTY/ developer participation from CITY/COUNTY/developer funds, all
being consistent with the COUNTY'S and CITY'S budgetary process and the
COUNTY'S development and implementation of a Countywide trail system and the
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'.
appointment of resources relating thereto.
SECTION 4. lVIAl1~TENANCE.
(a) Upon approval of the Trail Realignment Plan, the CITY shall pay for all
. maintenance of the trail and trail heads as depicted in Exhibit "A", consistent
with current COUNTY policy relative to maintenance of trails throughout the
~depiGt~d-+~l:H-t" ".
(b) j 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 trails.
SECTION 5. STATE ROAD 434 TRArL OVERPASS. Design, construction and
I...
maintenance of the trail overpass over State Road 434 shall be the responsibility of the
'; Ill' d
Florida Department ot"Transportation and/or the COUNTY as determined in accordance with
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State Law.
SECTION 6. INTEGRA TIONIENTIRE 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. ff any section or portion of this Agreement is
determined to be unlawful by a competent court of law, such detennination shall not affect
the remaining terms and conditions of the Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day,
month and year below written.
Coo
~tt ,l,-
Mf.RGO M~kLERK-
ANDREA LORENZO-LUACES
INTERIM CITY CLERK
Date:
j-/3- '77
~~
MO
Cler to the Board of
County. Commissioners of
Seminole County, Florida.
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
By~4
CARLTON HENLEY, ChaIrman
Date: / 2 / ~ / /9 [(
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For the use and reliance
of Seminole County only,
Approved as to fonn and
~
C unty Attorney
As authorized for execution by
the Board of County Commissioners at
their De.. c....~ ,19 7' Y regular
meeting.
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ATTACHMENT C
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,b'LU1<lUA l~A'l'lUNAL SCE.~,,(C THAlL
CROSS SEMINOLE 1_~-\IL
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LEGENr--.
.
>r
PA VED AND UNPAVED
RJl.AUGNED TRAIL ROW
(Proposed Exchange)
3.3 Acres:Piived--'l
Trail Route ROW!
5.9 Acres-Unpaved .
Trail Route ROW
9.2 Acres TQ..~L.., .._I
EXISTING FDEP
SURPLUSED AUGNMENT
i4.6Acres Total I
I....~ ~g~R
.....~ fJF],~~b~
ROW (40' WIDE)
........
! : TRAILHEADS
.......
^ RO
II EXISTING FDEP
TRAIL CORRIOO
(Paved and Unpaved)
NOTE:
Exchanged properties under 1 owner
(SchriniSher Properties)
II DOT SR. 434 REALIGNED
TRAIL OVERPASS
(proposed Exchange)
~ EXISTING FDEP
~ SURPLUS ALIGNMENT
if
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PROPOSED REALIGNED TRAIL
City of Winter Springs, Florida
April, 2000
,........, ,:'---
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,..'.' \ .'~"
400' 600' 100"
....
8CJJ.I I J-. 4.ClO'-o-