INTERLOCAL AGREEMENT ANNEX PROPERTY IN ALLIGATOR CREEK BASIN
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- -, u'; L_;;;;-~ INTERLOCAL AGREEMENT 398
~S AGREEMENT, made this ~day of ~~ ' 1986, by
and between SEMBLER FAMILY PARTNERSHIP #3, ., a' Florida
limited partnership ("Sembler"), the CITY 0 CLEARWATER, a
Florida municipal corporation ("Clearwater"), and the I CITY OF
SAFETY HARBOR, a Florida municipal corporation ("Safety Harbor").
I
WIT N E SSE T H: I
.....
WHEREAS, Sembler is the contract owner of cer~ain
property to be annexed into the City of Clearwater f'and
particularly described on Exhibit "A" attached he eto
incorporated herein ("Property"): and
WHEREAS, the Property is located in the Alligator Creek
Drainage Basin: and I
i
WHEREAS, Sembler desires to develop the proper~y in an
environmentally responsible manner: and 'I
WHEREAS, there is presently an approximately two (2) acre
wetlands area ("Wetlands Area") located on the tl Property
identified on Exhibit "B" attached hereto and inc rporated
herein; and
WHEREAS, Sembler's development of the Property wil require
removal of the Wetlands Area: and '
real
more
and
WHEREAS, Sembler desires to provide for the creation of a
nature and environmental education area ("Nature Park") as
off-site mitigation for the removal of the Wetlands Area: and
I
I
WHEREAS, there appear to be other areas on the i Property
which with certain improvements could be sufficient to Imeet the
storm water run-off detention requirements of all applicable
governmental entities: and
I
WHEREAS, Clearwater has determined that the proposed Nature
Park is in the best interest of the health and welfare of the
citizens of Clearwater: and
WHEREAS, Clearwater desires that the Nature Park be created,
in part, on that certain real property owned by Clearwater, more
particularly described on Exhibit "C" attached hereto and
incorporated herein ("Clearwater Nature Area"): and
WHEREAS, the Nature Area would be greatly enhanced by
combining the Clearwater Nature Area with that certain parcel of
real property more particularly described on Exhibit "0" attached
t- hereto and incorporated herein, which parcel is presently owned
~ by private parties but located within the municipal limits of
~Safety Harbor ("Safety Harbor Nature Area"): and
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N WHEREAS, Sembler, Clearwater and Safety Harbor desire to
~cooperate in the development of the Nature Area which would be in
the best interest of the citizens of Clearwater and Safety
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-Harbor: and
en
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w- WHEREAS, Sembler, Clearwater and Safety Harbor desire to
enter into this Interlocal Agreement pursuant to the provisions
of Chapter 163, Florida Statutes, 1985.
NOW, THEREFORE, in consideration of the mutual covenants and
obligations contained herein, and other good and valuable
consideration, the parties hereby agree as follows:
1. Recitals. The above recitals are true and correct and
hereby incorporated by reference.
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2. Obligations of Semb1er. Upon the occurrence of the
last of the conditions precedent set forth in (i) through (iii)
of paragraph 6 below, Sembler shall deliver Two Hundred Thousand
Dollars ($200,000.00) in the form of a cashier's check to
Clearwater to be placed in an account, such principal sum and all
accrued interest thereon, to be used only for the purpose of
environmental protection and enhancement of the Clearwater Nature
Area, and any lands adjacent thereto which may become available
for use in conjunction with the Nature Park, including, without
limitation, the Safety Harbor Nature Area. Such funds may be
utilized as local matching funds for seeking grants from federal,
state or other private sources provided that any such assistance
is likewise used for increasing the environmental viability and
the possible acquisition of the Nature Park.
Nothing in this Agreement shall be construed as an
obligation on the part of Clearwater to grant the zoning or land
use designation as requested by Sembler or to refrain from
rezoning the Property or change the land use designation. If the
zoning or land use designation for the Property should not be
granted by Clearwater, or should be granted but later changed,
Sembler's remedies shall not include a refund of the monies
delivered to Clearwater by Sembler except to the extent that the
monies or any portion thereof have not been expended by
Clearwater for the uses and purposes described herein.
3. Obligations of Clearwater. Clearwater, at the earliest
possible date given the required procedures, shall, by the
adoption of an ordinance, declare the Clearwater Nature Area to
be identified as recreation/open space on the Clearwater Land Use
Plan Map. In addition, Clearwater shall declare that the primary
use of the Clearwater Nature Area be that of a "natural
preserve/environmental education center" and shall preclude all
other uses that are inconsistent with the above or known to
adversely impact on lands, waters and wildlife on the Clearwater
Nature Area and any adj acent lands acquired for such purposes.
The restrictions set forth above shall not be construed as
precluding the development of exhibits, trails, bridges,
boardwalks, signage, passive recreational facilities, educational
buildings, interpretative facilities, security fencing, parking
for the persons visiting the "natural preserve/environmental
educational center," landscaping, utilities and other limited
accessories to the Nature Park, nor shall it preclude maintenance
of the existing public utilities on the site. Clearwater shall
be responsible for the design, creation, construction and
maintenance of the Nature Park, provided, however, that input
from Safety Harbor is encouraged. Nothing contained herein shall
be construed as relieving Sembler of complying with all other
provisions of the Clearwater Land Development Code and Clearwater
Code of Ordinances.
4. Ob1i~ations of Safety Harbor. The parties acknowledge
that an essent~al element of the Nature Park is the acquisition
of the Safety Harbor Nature Area. Although the Safety Harbor
Nature Area is presently owned by private parties, Safety Harbor
agrees to attempt to acquire or secure in the public domain the
Safety Harbor Nature Area. Safety Harbor agrees that its site
plan approval process will exclude the Safety Harbor Nature Area
from commercial, residential or industrial development. Safety
Harbor agrees to take all necessary action, including the
creation and recordation of deed restrictions, to assure the
preservation of the Safety Harbor Nature Area.
5. Off-site Mitigation Alternative. In the event that
Safety Harbor is unable to acquire the Safety Harbor Nature Area
within five (5) years from the date of this Agreement, the
obligations of Safety Harbor contained herein shall be null and
void, and the obligations set forth below shall apply to
Clearwater and Sembler. Specifically, Clearwater shall be
entitled to retain the Funds, and shall be responsible for the
re-creation of the Wetlands Area, at its expense, on that certain
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parcel of land described on Exhibit "E" attached h reto and
incorporated herein or on such other parcel as mutual y agreed
upon by Clearwater, SWFWMD, and all other regulatory agencies
having jurisdiction. This re-creation of the Wetlands ea shall
be consistent with the permit application attached ereto as
Exhibi t "F" and incorporated herein. The re-created Wetlands
Area shall be used for, among other things, scientific research
gauging the environmental effects of re-creating the Wetlands
Area. In the event that any funds shall remain subs quent to
the re-creation effort set forth above, such funds shal be used
for qualified improvements to the Nature Park.
6. roval;
Effective Date. The obligat ons of Sembler, Clearw ter and
Safety Harbor as set forth in this Agreement shall be c ntingent
upon: (i) the issuance by the appropriate regulatory gency of
the permits to be filed by Sembler presently attached ereto as
Exhibits "GH and "H," respectively, or to be attached ereto at
some future date, and hereby incorporated by refere ce (the
"Permits"); (ii) the annexation of the Property into th City of
Clearwater, with zoning and land use plan designation as has been
applied for by Sembler; and (iii) the issuance by Clea ater of
all necessary permits for the dredging and filling of the
Wetlands Area, including, without limitation, all excav4tion and
necessary tree removal. In the event that the continge1Cies set
forth in (i), (ii) and (iii) above are not fulfilled w thin one
(1) year from the date of this Agreement, this Agreement shall be
null and void, and Clearwater shall immediately return he Funds
to Semb1er. This Agreement shall be effectivepon its
recordation in the Public Records of Pine11as County, ~. Florida,
provided, however, that such recordation shall not b deemed
satisfaction of the contingencies set forth herein. .
7. Binding'Effect; No Modification. This AgreemJnt shall
be binding upon the parties hereto and their successors and
assigns. No modification of this Agreement shall be en orceab1e
unless agreed to in writing by all the parties hereto.
8. Governing Law. This Agreement shall be govern
laws of the State of Florida.
IN WITNESS WHEREOF, the parties have executed this
the date and year first above written.
WITNESSES:
greement
I
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SEMBLER FAMILY PARTNE SHIP #3,
LTD., a Florida limit d
partnership
By: Sembler Equities, Inc., its sole
general partner
By:
Its:
CITY
Flori
BOR, I a
orporation
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Its:
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
J",l.. The fOregOin~nstrument was acknowledged before me this
.3:::::- day Of:: ' 1986, by M. Steven Sembler , , as
Pres' ent ' f SEMBLER EQU~TIES! ~1\JC. ~ sole, gen~ral' partner 8':
SEMBLER JaILY, PAA"~1i -- #3"LTD.. a Flonoa lmted partnersh>l'.. on J:?ella,l}'"~f
said partnershlp. f) ,.,:...:' ,./i 'l.; ";;).''''
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
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My commission expireaa::."o-4 ' ,
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;:1' c:;t~.~~J;;~T,~: ~'lit)'i ~ r~c:Rlf)4 .,,~'~J/; ...-_~..:":.::;..
t:'...~:r",r. "J J"~,,~ ",;/. L.le T 28,.l~189 ,I ..jil.~,J,.,',' '., ".', ,.",..'
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. ".!H' f '.l iJ'. i'-'\i1l... ..j~c,). UND. '
The foregoing instrument was acknowledged before i me this
~h day of June , 1986, by Anthony L. 'Shoemaker, I, as
City Manager of the CITY OF CLEARWATER, a Florida municipal
corporation, on behalf of said corporation.
STATE OF FLORIDA
COUNTY OF PINELLAS
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, Notary Public, Sta~eof Aor." ,,0; <-<
My Commission Expireduly it r_ ,-, _~ <:
Bonded lnru Trey Fai~ ~ Insulsnc6f, Incj. ,.;..I "".J~~''r''
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The foregoing
-1r:Q. day of July
City Manager of
municipal corporation,
instrument was acknowledged be,fpre pie this
, 1986, by John J. Downes .*), ""1' . ,as
the CITY OF SAFETY HARBOR,:/ a.Florida
on behalf of sai corporation..",,=- /f
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Notary Publ
My commissi~~
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RE39A.7-06236
expire~f'
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f'JOT ,l\R'tFum.it'sTP,TEOF rFLORID~;
N\Y(()Jj\t;;lSSIOi;~ EXPIRES MAYAS 1987.j
,OI~DED 'fHilU GENERAL INSUMN~~UND.,j
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EXHIBIT "A"
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OR. 6 ~ 2 6 PAGE ~ 0 2'
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 7, TOWNSHIP 29 SOUTH,
RANGE 16 EAST: THENCE N. 89036'10"W., ALONG THE SOUTHERLY BOUNDARY OF
SAID SECTION, 450.02 FEET: THENCE LEAVING SAID LINE N.00054'44"E., .
50.00 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE
NORTHERLY RIGHT-OF-WAY OF DREW STREET (S.R. 590 - A 100.00 FOOT RIGHT-
OF-WAY); THENCE N.89036'10"W., ALONG SAID LINE 250.00 FEET: THENCE
LEAVING SAID LINE N.00054'44"E., 350.02 FEET; THENCE N.89036'10"W.,
395.28'FEET TO A POINT ON THE EASTERLY BOUNDARY OF A.F.P.C. RIGHT-OF-
WAY AS RECORDED IN O.R. 1479, PAGE 95; THENCE N.00043'43"E., ALONG SAID
LINE 946.94 FEET; THENCE LEAVING SAID LINE s.89047'45"E., 998.37 FEET TO
A POINT ON THE WESTERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. 19 (A 200.00
FOOT RIGHT-OF-WAY); THENCE S.00054'44"H., ALONG SAID LINE 900.32 FEET;
THENCE LEAVING SAID LINE N.89036'10"W., 350.02 FEET; THENCE S.00054'44"W.,
400.02 FEET TO THE AFOREDESCRIBED POINT OF BEGINNING.
CONTAINING 23.32 ACRES MORE OR LESS.
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PINELLAS COUNTY
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SCALE
Date:
11 MARCH 86
Prepared by:
MANGROVE SYSTEMS, INC.
P.O. Box 15759
Tampa, FI. 33684
SEMBLER, DREW ST.
AND U.S. 19
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Date: 11 MARCH 86
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PLAN VIEW OF PROJECT SITE
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Prepared by:
MANGROVE SYSTEMS, INC.
P.O. Box 15759
Tampa, FI. 33684
SEMBLER, DREW ST.
AND U.S. 19
Drawing
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PINELLAS COUNTY
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PROPOSED FILL AREA
TYPICAL CROSS' SECTION A
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GRADE
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APPROXIMATE LIMIT OF
TRANSITIONAL WETLANDS
(SWFWMD LINE)
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APPROXIMATE LIMIT OF
TRANSITIONAL WETLANDS
. (SWFWMD LINE)
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APPROXIMATE ELEVATIONS
IN FEET (IN RELATION TO OHW)
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HORIZONTAL SCALE
Date: 11 MARCH 86
Prepared by:
MANGROVE SYSTEMS, INC.
P.O. Box 15759
Tampa, FI. 33684
SEMBLER, DREW ST.
AND U.S. 19
Drawing
3 of 6
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PINELLAS COUNTY
PLAN VIEW OF MITIGATION SITES
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MITIGATION
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4.18 ACRES
SCATTERED CYPRESS
NATURAL
VEGETATION
Date: 11 MARCH 86
Prepared by:
MANGROVE SYSTEMS, INC.
P,O. Box 15759
Tampa, Fl. 33684
SEMBLER, DREW ST.
AND U.S. 19
Drawing
4 of 6
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PINELLAS COUNTY
MITIGATION AREA - ALTERNATIVE A
TYPICAL CROSS-SECTION S S'
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60
AREA TO BE PRESERVED
IN NATURAL STATE
50-
" Magnolia
grandillora
40-
20
10 -
(BANK VEGETATION
SAME ON BOTH
SIDES)
LIMESTONE
CREEKBED
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APPROXIMA TE
ELEVATIONS
IN FEET
30 0 30 60 90 FT.
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HORIZONTAL SCALE
Date: 11 MARCH 86
Prepared by:
MANGROVE SYSTEMS, INC.
P.O. Box 15759
Tampa, Fl. 33684
SEMBLER, DREW ST.
AND U.S. 19
Drawing
5 of 6
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EXHIBIT "e"
MAGNOLIA CREEK.
0.:.64:2 6 FAGE 409
Begin at the soutbwest corner of the northeast 1/4 of Section 21, Township 28
South, Range 16 E, said corner also being the southwest corner of Lot 38, Block
A, Briar Creek Mobile Home Community 1, a condominium, as recorded in
condominium Plat Book 24, Pages 94 through 102 of the Public Records of
Pinellas County, Florida; thence S 000 09' 35- E, along tbe East line of the
northeast 1/4 of the Southwest 1/4 of said Section 21, 30.00 feet; thence N
890 22' 43- W along a line 30.00 south of and parallel to the north line of
said northeast 1/4 of the southwest 1/4, 856.91 feet to the northeast corner of
a parcel of land described in the deed of conveyance as recorded in O.R. 5453,
pages 2091 and 2092 of said Public Records; thence S 000 03' 20- E along the
east boundary of said parcel, 200.00 feet to the southeast corner of said
parcel; thence N 890 22' 43R W, along the south line of said parcel 385.60 feet
to tbe easterly line of the proposed 200' right-of~ay of McMullen Booth Road;
thence SOD. 03' 20. E along said easterly line 1087.52 feet; thence N 890 41'
17- E 1080.00 feet; thence N 00. 03' 20. W 370.00 feet; thence N 89. 41' 17.
E, 322.37 feet; thence N 00. 03' 20. W, 924.68 feet to a point on the soutb
line of Block A of said Plat of Briar Creek Mobile Home Co~unity 1, A
condominium; thence N 890 22' 43- W along said soutb line, 160.00 feet to the
point of beginning.
(CLEARWATER)
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EXHIBIT liD"
MAGNOLIA CREEK
o ". s ~ ~ 6 FAGE ~ l 0
Begin at the southwest corner of the northeast 1/4 of Section 21, Towuship 28
South, Range 16 E, said corner also being the southwest corner of Lot 38, Block
A, Briar Creek Mobile Home Community I, a condominium, as recorded in
condominium Plat Book 24, Pages 94 through 102 of the Public Records of
Pinellas County, Florida; thence N 00. 10' 17- W, along a west boundary of said
Block A, 668.98 feet to the northwest corner of Lot 29 of said Block A; thence
N 89. 26' 23- W along a south boundary of said Block A also being the south
boundary of the north 1/2 of tbe soutbeast 1/4 of tbe nortbwest 1/4 of said
section 21, 140.00 feet; thence S 19. 36' 06- W, 738.94 feet to a point on a
line 30.00 feet south of and parallel to the nortb line of the northeast 1/4 of
the southwest 1/4 of said Section 2lj tbence S 89. 22' 43- E along said line
390.00 feet to a point on the East line of tbe said northeast 1/4 of the
southwest 1/4; thence N 00. 09' 35- W along said east line, 30.00 feet to the
point of beginning.
(SAFETY HARBOR)" ~\ 0.. Q..~ ~
EXHIBIT "E"
PINELLAS COUNTY
o ;,. 6 4 2 6 PAGE 4 11
PLAN VIEW OF MITIGATION SITES
AREA
- ALTERNATIVE
A
4.18 ACRES
SCATTERED CYPRESS
NATURAL
VEGETATION
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B~ACHWOOD DR.
Dale: 11 MARCH 86
Prepared by:
MANGROVE SYSTEMS, INC.
P.O. Box 15759
Tampa, FI. 33684
SEMBLER, DREW ST.
AND U.S. 19
Drawing
4 of 6
.:- . ,- : · '., 0 :l. 6 ~ 2 6 PAGt" i.~ :1 2
',APPUCATIOK TO mx ,IOUTHWEST nORID.A WATER MAlAGEME~rr DISTlUCT
SUilACE WATEn. MANAGEMENT PEJUIrr
. .
TOt sournWEST FLORIDA WATER MANAGEMENT DIS'rRICT
2379 Broad Street
Brookaville, norida. 33SlZ-971Z
Telephonel (904) 796-7211 ,
(For Uae BrSWYWMD OnlyJ I
Date Rec'ds
App. No.:
GENERAL IN STR.UCTIOnS, Ple841e provide complete information below. Attach additional
information if n~essary. A processing fee of $10.00 is required with this application. Plea.se submit
lour (4) copies of application, drawings, oUculaHoD3, etc:. Note: Project may also require State or
Federal permits.
Ple841e check appropriate box.
EXHIBIT "p"
APPUCATION FOR..: (XX)
( )
( )
CONCEPTUAL APPROVAL PERMIT
CONSTRUCTION/OPERATION PERMIT
MODIFICATION OF EXISTING PERMIT, NO.
Owner s of land upon which surface water management system will be co~tructed/operated:
NAME: THE SEMBLER COMPANY
ADDRESSI 6539 Central Ave.
St. Petersburg, FL 33710
TELEPHONE:(813) 381-3622
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Si~ture of owner or authorized agent
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Description of Land:
Total Land Area (acre3):
County:
23.3238
Pi nell as
Range
16
Section
7
Towns hi p 29
Penon who prepared the plaD3 and specifications ot construction:
Name: MANGROVE SYSTEMS, INC.
Addre3st Pos t Offi ce Box 15759
Tampa, FL 33684
Telephone: (813) 875-3614
COD.5truction Plans and SpecHicatio~: Submit drawing3, calculations and engineering details sufficient
to de!ine the nature, scope, intent and lUllctioning ot work proposed. Reference Rule 400-4/400-40.
(See Back)
Person Who Will COD3truct the Proposed Work:
Name.
Address.
not yet contracted
Telephonet
General Purpose of Proposed Worka commercial shopping center
Project
Namet The Commons
Project She (IlCTesh 23.3238
(T' ~!" __ _ ..... ~ ,....,..... --"l '.-" "'I 1 t - -. rl '" ~...... ,
Zoningz' CP-2
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n. 'ou..i., 1a,<<..lIoo .'1" n~J I. ..,.." ., th. .,,11,,1100. n. ..,11"" 1"d .ub~lti. 6 4 2' G'IGE
u rauch 'of tb4 lalOf1llaU- ll8hd .. tbe cOlllplexity of the pt'oject aDd the .elUlll.,lty of tbe a,.a
D.ca...tatn.
613
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u u..r. are -1 ~Uorw fW r-tJa4r ..-.ta.ac. I. re~ pl_ COtlt..act the Surface Water
"'aJUl.._t Dept. at 1'iO-l1 7'1&-nll.
NOTEr Tb4 appUcaUoa rauat be alped by the owaer 01' hIa authorl:led aseat, &Dd .ubm1tt.d to tb.
DLetrict with FOUR. (41 copl.. of alllafonaaUoll r.quired.
s:rTX IN P'O R. J,I AnON I
~ DetaUed 10caUoa IIIt.tch
L TopoC"pblc aup' of the .It. &Ad adJ.c.at
bTdroloticaUy r.lated ar.... whick .haU
Include locatlOtl &Ad d..c:ripUolI of beach
III ar It. (lIIl11l IIIllIllll 0 f 011. pa' m a Jar water
coatrol.tructurel
_ O...raU m.p at tb. ...... .bo..lae ..a.tlne
rwsolf p.atl""" &D.d .h., 10c,Uoa, topoCraphT,
&Dd l&Ad IUe of oU....It. ar.a. wbich dralll
tbroucb.. OlltO, &Ad (1'011I the project.
_ld.lltill~U_ o( wet ....011 hip water table
ele.,aUo...
_II the project la III tb. It.Da.a noo<l..y of ·
.tre.ra, or otber ..lercoW'1l", tbe nood..y
.bould be Id_tilled aad approJdmat. noodine
.le.,.UoM delerlllin.d. The 100 T.ar nood
1'1&111 aln.ticnu and Umlt.. .bould be
Id'lItifl.d, II appUcabl.
_DHalpUoa 01 .,ec.taU". ca.,er. 'lhtl&Dd
ar... IA and .dJacnt to the project ar..
.Muld b. IdeaUlIed
L Receat I...la! pbatocrepbT of a .cal. 110
.m.Uer th.aa 1- a<tu.aLe 100', eacorapauiac tb.
project arn with proj.ct bou.ad.ui..
d.Uae.t.d
_ pnLa.c, V-dlaC &Ad dr.ilUllJ. pt&JU, witb
.~ial athllUoa to puilDet... .it. l(!'.dlal
_ pn-colatioa te.u, if percolatloa ar
.dUtraUOtI .rstem.e. ..... prapoaed..
Pereolatloa t~u .haU be repn:natathe of
d~ilU eoadlUou
_Compi.te d"C'l'lpUon of m........H to b.
Impl.m.at.d duriae tbe coutructlon p.riod 10
aUtil.t. ad.,....e qu.aaUtT ADd qualitT lmpecta
o If....it.
UASnJl DIl.AlNAGZ PLAlfI N/ A
_Loc.Uoa of .11 wat.r bodl.. .itb d.taiIa of
Ii I', lid. dopei', el..,aUo... aad dept!u
_ Location and d.tdl. of all major .ater
control .truclur~lI. Control ele.,atlaNl of tb.
control .tructuru IIIl11t b. laeluded aloalJ with
anT .euolUll wahl' 1..,.1 relulatloa .ehedul..
_ DraicuC. b...la bOUDd.ari.. .Ilo.ine dln:ctloll
of no., talUne lato accoUDt off....lt. l'UIloff
beialt routed lhroulh or aroWld the proj.ct
_ t.ocaUoDA of road.. &lid buildiDC' aloal wilb
tbeir propo'~ .hnUoaa
_ Rilbt",,(-w'T and e...emeat loc"lo_ tor tbe
clrdcue. 'T.tera iacludJnc aU are.. to b.
n:'er~ tor wat.r 1II&1UlI.m.at purpoe..
_ LocaUoa aod .h. of IIII.MULI IIIlnOl' water
a1an'l.m.at (aeillUn
_ N.arlry .rnUac oU-.lt. water resource
taclUtln wblcb adebt b. a(hct.d bT th.
propo..d conatrucUoa 01' d..,.lopm.al. The
DAm" lad .ddr..... of tb. o.aen of .uch
(acUitl.. .bowd .1" b. .uhlllltt.d
~'51l1 APP
Ll"!l)'S!.
nilAn' AGE CALCUUnOHSI N/ A
_ Dnlp Ilona. und lacludlnl d.pth., duration
and dlstributloa
_ Off...,it. lano.
__ Stat_toral" computatlou (01' tb. project
aad .t'l~i.charse COlli put.tloa.e (or lhe
outfall Ilruclurel.1
Aaeac.. aad p4rc.atal. of property propoeed
"I
Imrernou.e .ur(ace.(elrclucUaC water
badlnl
Pernau.e .urlac.. ll(!'eea are...1
Lake., c.nals, reteaUon areu, etc.
_ Total acreaR. a( project
A.Wloff calcul,UoNl .bawiolC dlscbarge1l.
ele.,aUaft.8, &tId _Ium.. r.taiated &AdlaI'
d.talaed duriag applicabl. .torm ....nll.
Math.matlcal computaUoDA may b. r.f1Uind
to d.mo~trat. that Ih. propoaed
d..,elopmeat will _t .lpiUcaaUT alter' lIet
.toraC. frara tb. project are. (or .,.eale up to
th. 100 year trequencT
_ C..lcu1aUou required (or d.hrraia.lioa o(
mla.lmUnl buUcUaC 000<1 and ro.d ele.,.tloDA
UGAL/nfsnrunOHAL INFOR.MATION. see attached
_ IdeatUleaUoa o( tbe .nti tT respaD.libl. (or
oJ>'!ratioa and m.iatenaac. o( tb. surface
wat.r lIIaaasemeat .ptelD
_ It.. lett.r of otber ..,Id.nee ot poteaUa!
ace.ptance from the pubUc bodT. if tb.
operatloa aad maiotenaace entitT i. 10 be a
public bodT .uell u a citT or draiaalJe
district. Docum.nt. ftrllyiag the eJd.tence
of .ucb AD orCIllnilraUoa &ad lie eblUty to
.ccept opnatloa &ad lIIaiatenance
resporuibllitT, if tbe .atltT i. a bOIll_waen
au.,e1aUoll
_ tJtdlcatl.,a of ,cenci.. and orgaAhaUoa
contacted i4 connection with the project.
laclud. lIIeetlne .ummarles &Dd/or respooun.
Gl.,e .tatua of laed .ppro.,.I._iacUcatlnc If
.it. pillA aad/or ,uhdi ",.ioa appro.,.1 has beea
lranted, tilUll plab recorded &ad builcUal or
conatrucUoa permlll Is.aued
_ indlcatioD o( bow water &Dd ...t..aUr
,.rTic. wiU b. lupplled. Letters of
COlllmitnuat fro III oU-lite .uppU.n must be
lacluded
_ Present and propoeed soainltl [..ideace o(
eompetlbl. delUllT &Dd cl...iClcatlon WIder
local ,o.,ernrnent soninl or eom prebea.el".
pl&A mllSt b. .ubmlttedl iaelud. tbe .tatu.e
uad.ftr th. Dill proce.., If .ppllcable. The
aWllber of propo..d dw.llias uailJl &Ad/or
.quar. (e.t of comm.rcla! area muat b.
.uppU.d. II the proj..ct la 'Q apprayed 0 Ill,
tbea a coPT of tbe tloal apprn.,ed d..,.lopraeat
ord.r rauat b. .uppUed
_ It.. coPT of . boundarT .ur.,.y &Dd ..,Id.nc. o(
o.a.nhip 01' control! if tb. AppUcaat I. a
coatractu.a1 buyer tb.a a cOPT o( tb. .1I.cut.d
coatract must b. proYid.d
_ DocumentaUoa of \elal &Dd' pbylical
..,aUabUlty o( r.c.i.,lnC .ater .plelD to
rec.h. project cU.c!w.rc. II .ucb la DOt
.Tid.at
~ t-q
PINELLAS COUNTY
APPROXIMATE
ELEVATIONS
IN
FEET
MITIGATION AREA - ALTERNATIVE 8
TYPICAL CROSS-SECTION C C'
C C
I I
EXISTING
VEGETATION
10 J
EXCAVATION AREA
DEPTH OF EXCAVATED AREA TO
RANGE FROM OHW TO -1.5' OHW
HUMMOCKS TO BE CREATED
WITHIN MITIGATION AREA
15
5
EXISTING
EMERGENT
VEGETATION
~,
TYPHA SPP.
-/
OHW
OHW
o
0-0' WILL HAVE 6' OF
ORGANICS PLACED AS
TOP SOIL
25
,
o
50
75 FT.
.
HORIZONTAL SCALE
MITIGATION AREA TO BE PLANTED PLANTED ON 6' CENTERS PLANTED ON 3' CENTERS
ACCORDING TO PROPER ELEVATION HARDWOOD TREES: (5-6') EMERGENTS:
AND DESIRED DIVERSITY Acer rub rum Juncus effusus
Persea palustris Ponlederla cordata
S a gill a ria I a Ii f 0 Ii a
Date: 11 MARCH 86
Prepared by:
MANGROVE SYSTEMS, INC.
P.O. Box 15759
Tampa, FI. 33684
SEMBLER, DREW ST.
AND U.S. 19
Drawing
6
of 6
I
I
MAGNOLIA CREEK
o .1. G ~ ~ 6 PAGE 415
Begin at the southwest corner of the northeast 1/4 of Section 21, Township 28
South, Range 16 East, said corner also being the southwest corner of Lot 38,
Block A, Briar Creek Mobile Home Community I, a condominum, as recorded in
condominium, Plat Book 24, pages 94 through 102 of the Public Records of
Pinellas County, Florida; thence South 890 22' 43" East along the north line of
the northwest 1/4 of the southeast 1/4 of said Section 21 a distance of 285.00
feet to the Point of Beginning. From the Point of Beginning South 890 22' 43"
East along said line a distance of 389.00 feet; thence North 000 09' 35" West a
distance of 107.00 feet; thence South 890 22' 43" East a distance of 565.00
feet; thence South 000 09' 35" East a distance of 232.00 feet; thence North 890
22' 43" West a distance of 954.00 feet; thence North 000 09' 35" West a
distance of 125.00 feet to return to the Point of Beginning. Containing 4.125
acres.
(Mitigation Alternative B)
Said Legal Description above being publicly owned lands of the City of
Clearwater.
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, Application to SWFWMD, Surface Water Management Permit - Conceptual Approval
The Semb1er Company
PURPOSE OF APPLICATION
o J 6 4 2' 6 PAGE 4 1 7
The purpose of this conceptual permit,app1ication is to determine if the
mitigation concept proposed will be considered sufficient to offset the
impacts of the proposed development to the existing 2.18 acre wetland in the
center of the proposed development site. This permit does not attempt to
provide drainage plans and detail necessary to evaluate a surface water
management system. When this application has been acted on by SWFWMD, the
applicant will prepare the details of the proposed project, including the
engineering necessary to apply for a construction/operation surface water
management system permit for submittal to the District.
PROPOSED IMPACT
In order to develop the proposed site, the applicant proposes to fill 3
isolated wetlands systems as shown in Exhibit 2 of 6. The 2 small' areas are
shallow depressions which occasionally hold water, with Salix caroliniana
(willow) comprising the majority of vegetative cover. The larger area is a
deeper depression which apparently holds water year round. Vegetation is more
diverse than in the smaller areas and includes Quercus laurifolia (laurel
oak), Acer rubra (red maple), Myrica cerifera (wax myrtle), and Sa1ix
caroliniana (willow), as well as herbaceous vegetation such as Saururus
cernuus (lizard tail), Hydrocotyle umbel lata (pennywort) and others. The
total wetland area to be impacted by the proposed fill equals 2.18 acres.
1
I
I
o J 6 4 ;2 6 PAGE 4 1 8
PROPOSED MITIGATION
The mitigation proposed for the impacts to the existing 2.18 acres of isolated
wetland at the project site will take one of two forms. The first and most
desirable mitigation proposal (referred to as Alternative A) is outlined in
the enclosed attachment labelled Off-Site Mitigation Proposal by The Semb1er
Company. This proposal involves a cooperative agreement among the developers
(The Sembler Company), the City of Clearwater, the City of Safety Harbor, and
the Water Management District. This agreement calls for the creation and
operation of a nature preserve/park primarily for preservation and educational
purposes.
Due to certain constraints within the above agreement, it is possible that
certain aspects of the plan may not be attainable within the time frame
required for permit approval. As such, mitigation Alternative B is proposed
if the Alternative A cannot be encacted within 5 years. Mitigation
Alternative B proposes the excavation of 2.18 acres of upland to wetland
elevation and planting with hardwood trees and emergent vegetation as shown in
Exhibit 6 of 6. This area is located between a willow (Salix caroliniana)
slough and an existing retention area. An additional area of 0.47 acre,
presently vegetated with wax myrtle (Myrica cerifera), will be included with
the 2.18 acres of wetlands created for a total area of 2.65 acres of
mitigation.
One-half of the 2.18 acre planting area for Alternative B will be prepared by
excavation to 6" below proposed grade, backfilled with 6" of organic mulch,
and then planted with hardwoods and emergent vegetation. The other half of
the 2.18 acre area will excavated to grade and planted.
2
I
I
o :1. G 4 ;2' 6 PAGE 4 l 9
'Monitoring of Alternative B mitigation will be conducted quarterly during the
first year, semi-annually during the second year, and annually for the third,
fourth and fifth years post-planting. At the time of planting, five replicate
10 meter x 10 meter test plots will be established in each of the mulched and
unmu1ched areas (total of 10 test plots). . In each of these plots, survival of
hardwood trees, by species, will be determined by direct counts. Survival of
emergent vegetation will be determined, by species, using direct counts until
such time as the density increases above 3 units per square meter. When
density reaches a level greater than 3 units per square meter, the number of
emergent plants will be estimated using 10 replicate one meter square quadrats
in each of the 10 test plots. It is anticipated that density will reach this
level within 2 years.
In order to assist the establishment of the mitigation plantings, weeding of
cattails (Typha spp.) and primrose willow (Ludwigia peruviana) will occur
throughout the two years following planting. If survival of any species falls
below 85% during the monitoring period, plant materials will be replaced as
necessary.
3
,.,
'-
I
I
OFF-SITE MITIGATlrN PRil'OSAL
BY ll-IE SEMBlER mpftNY
o .I. 6 (t 2 6rlGE ~ 2 0
Environmental Management Office
Department of Planning and Urban Development
City of Clearwater, Florida
January 15, 1986
The following is a narrative describing a proposal by the Sembler Company to
provide off-site mitigation for permission to destroy wetlands on property to
be annexed into the City of Clearwater. It is intended that this narrative
be utilized to explain the very unique circumstances surrounding this proposal
and lead to an agreement by the parties involved in the best interests of all
concerned.
Parties
The Sembler Company - a land development firm owning undeveloped real property
to be annexed into the corporate limits of Clearwater, Florida, hereinafter
called, "Sembler".
The City of Clearwater - a municipal corporation of the State of Florida having
home rules powers of regulation over land development within its corporate
limits as defined by law.
The Southwest Florida Water Management District (SWFWMD) - An agency of the
State of Florida empowered by Florida law to manage and regulate ground and
surface waters within its jurisdiction which includes all of pinellas County.
Specifically St~WMD regulates the discharge of surface runoff created by land
development both qualitatively and quantitatively and is charged to protect
natural riverine systems from adverse environmental impacts.
The City of Safety Harbor - A municipal corporation of the State of Florida
having home rules powers of regulation over land development within its corpora-
tion limits as defined by law.
Background
Sembler desires to develop property it owns 60 the west side and adjacent to
U. S. Highway 19, just north of Drew Street in Clearwater, tlorida. More spe-
cifically this property abuts the Clearwater Bombers softball field on the
north, the Florida Power transmission line right of way on the west, U. S. 19
on the east, and Drew Street on the south exclusive of the Vision Cable and
Kane Furniture properties.
This property lies within the Alligator Creek Drainage Basin and is proposed to
be annexed into the City of Clearwater. This property contains biologically
productive wetlands as defined in Chapter 17, Florida Statutes, approximately
-1-
J
I
0, (. 6 Ii 2 6 PAGE ~ 2 1
Background (Cont'd)
two acres of which by their location in the center of the site would preclude
the orderly and well-planned development of said property as otherwise allowed
by law. As such, Sembler desires to destroy such setlands by dredging and
filling to enable economic use of this area and the balance of the site. The
removal or destruction of wetlands is in violation of established City policy
as set forth in the adopted Conservation Element of the Comprehensive Plan,
thus to permit such destruction the City must require mitigation of the environ-
mental damage by Sembler. The isolated wetland involved does not fall within
the jurisdiction of the Florida Department of Environmental Regulation; however,
a permit for the wetland destruction will be required by SWFWMD, as well as
their approval of all mitigation actions.
Mitigation
Mitigation will be required of Sembler by the City of Clearwater and SWFWMD for
the destruction of wetlands as an alternative to denial of such action. Typical
on-site mitigation of equal value would suggest the restoration of mature wet-
lands on other areas of the Sembler property, although such would likewise
preclude orderly development of said property. As the property is being required
by the City of Clearwater, the Florida Department of Environmental Regulation
and SWF~tD to retain other existing vegetated wetlands on this site in sufficient
quantity to provide the environmental amenities derived from such wetlands as
well as detention of storm runoff for flood protection, it has been proposed by
Sembler that mitigation be provided on public lands, or on lands to be acquired
by Sembler and dedicated to the public.
As such, Sembler agrees to provide off-site mitigation to the City of Clearwater
and SWF~~D in the form of a cash settlement of equal or greater value than the
amount ,estimated to re-create the wetlands desired to be destroyed. Such funds
to be utilized solely for the protection and enhancement of the natural environ-
ment under the conditions stated hereafter.
Alligator Creek Drainage Basin
The City of Clearwater and SWFt~D under joint agreement and venture have recently
constructed approximately 125 acre-feet of storage for storm water runnoff in the
Alligator Creek Basin downstream from the Sembler property. Such venture also
provided vegetated littoral zones for water quality and fish and wildlife habitat,
as well as passive recreation facilities. Additional downstream channel improve-
ments are also planned and in the process of final approval and participation by
the U.S. Army Corps of Engineers. As such, the City, at this time, does not de-
sire to utilize additional public lands in this Basin for t~e creation of addition-
al wetlands as off-site mitigation by Sembler. Thus off-site mitigation removed
from the impacted drainage basin and of a different nature than the attempted
creation of mature wetlands becomes practical and feasible provided equal or great-
er benefits to the natural environment are realized.
Nature Preserve project
As off-site mitigation in the immediate vicinity of the Sembler property and down-
stream in the Alligator Creek Basin ,will not orovide the maximum environmental
-2-
I
I
9 ;(; G (l2 Q PAGE ~ 2 2
'...
Nijture Preserve project (cont'd)
benefits to the City, the Environmental Management Office has proposed that the
required mitigation effort be used to assist in the development of a nature
preserve/environmental education project currently planned on a City-owned tract
along the east side of McMullen Booth Road, immediately north and west of the
Northeast Sewage Treatment Plant. This tract contains approximately 35 acres
and is contiguous with the City limits of Safety Harbor on its northern boundary.
This tract and approximately 4.3 acres immediately t~ the north on private
property in Safety Harbor contain environmental and geophysical features worthy
of development into a resource-based nature education center, in~luding diverse
wetlands, flatwoods, steep streambanks, ravines, waterfalls, sandhills, wildlife,
and unique flora. The privately-owned tract is designated as "preservation" on
the Safety Harbor land use plan, although it is zoned HF (hospital facility).
At this writing there is no current valid site plan for this area, a previously
approved plan for a larger development, including this tract, having expiTed.
Due to the presence and location of the natural features described, the 'best use
of both these tracts is indeed a nature preserve/environmental education center
where development would be limited to access trails and boardwalks, exhibits,
signage, limited parking, and security/perimeter access control, Such would allow
public usage and benefits while conserving the natural resources on the site. A
conceptual development plan is currently being prepared, a detailed plan will
follow the decisions and levels of funding reached through this proposal and
agreements.
Sembler has agreed to allow its mitigation efforts to be conditionally utilized
toward the realization of this project, although such is not specifically located
in the Alligator Creek Drainage Basin, nor specifically the restoration of
destroyed wetlands. Such action, however, must have the approval and cooperation
of SWFMWD and the City of Safety Harbor, in addition to the Clearwater City
Commission. Representatives of these parties have agreed in concept to the usage
proposed for these tracts and the principle of off-site mitigation in this case.
SWFWMD
The rules under which SWFWMD is charged with the regulation and protection of
surface waters (Chapter 40 0-4, Florida Statutes) allows for off-site mitigation
of destroyed wetlands under the 1984 Henderson Wetlands Protection Act when such
mitigation proposed by an applicant is determined by SWF~~ID to indeed mitigate
the adverse effects caused by the project, Th~ rules also allow for the preser-
vation of other significant environmental features in lieu of~itigation. In
this case the opportunity exists for not only the continued physical protection
of the wetlands and natural watercourse bisecting the proposed nature preserve,
but also the opportunity for allowing local government to become involved in the
education process designed to protect the waters of the State and the other
natural resources on these tracts at no cost to St';'F\VMD, Clearwater has a very
brief but ongoing track record in environmental education as one of its recrea-
tion programs.
-3-
... ..
.-
I
I
o ,:; G 6 :2 8 PAGE ~ 2 3
SWFWMD (Cont'd)
Though public educational opportunities may be intangible values, taken in con-
junction with the protection of existing unique resources it appears obvious
that the ultimate product of this off-site mitigation proposal will have far
greater public value than either the retention of an isolated 2-acre wetland
surrounded entirely by commercial development on a site already providing
water quality treatment and runoff detention, or the attempted re-creation of
a mature wetland in a drainage basin where a considerable investment has
already been made towards that objective and continues through other sources.
SWFWMD has recognized the value of joint ventures in environmental education
through their participation in Sawgrass Lake (Anderson Environmental Center)
and in multi-purpose water management projects, specifically Cliff Stephens Park
in the Alligator Creek Basin.
Safety Harbor
The majority of the land proposed for the nature preserve (35 acres) is publicly
owned by the City of Clearwater: however, the most unique and sensitive area lies
in the 4.3-acre area within the city limits of Safety Harbor, just north of the
Clearwater tract. Though privately.owned and zoned for hospital facilities,
Safety Harbor has recognized this area for its uniqueness and as a result has
designated it "preservation" on their adopted land use plan. Previous site plans
were likewise required by the City staff to exclude the preservation area from
development, instead allowing for a transfer of certain intensity of development
rights to the non-sensitive portions of the overall tract. The Safety Harbor
administration supports the continued preservation of this area and has expressed
an interest to work with the City of Clearwater and SWFWMD in an effort to best
utilize this area jointly with the 35-acre tract as a nature preserve. Such
cooperation could include joint applications for Federal and/or State development
grants and joint planning for the facilities.
Conditions
Sembler will agree to provide mitigation in the form of a cash settlement to the
City of Clearwater provided all of the following conditions are met and agreEd
upon by all parties:
1. All settlement funds shall be placed in an account of the City of
Clearwater to be used only for the expressed purpose of environmental
protection and enhancement of the approximately 35 acres of city-owned
property previously described and any lands adjacent to this property
that may become available for use in conjunction with the proposed use
of this property as a nature preserve/environmental edueation area or
any adjacent lands that may be acquired by the City of Clearwater or
other public body.
2. Such funds may be utilized as local matching funds for seeking grants
from Federal, State, or private sources provided that such external
assistance is likewise to be used for the purposes of environmental
protection and enhancement on said property and adjacent lands as noted
in Condition #1 above.
-4-
Conditions (Cont'd) I
I
g ra J, n ra
d. U ~ .:, g PACt
42,
-~. The City Commission of the City of Clearwater shall, by the
adoption of an ordinance, so declare the described 35-acre parcel
to be identified as recreation/open space on the official City Land
Use Plan Map immediately upon consummation of the agreement
(reference the City Charter, Article II, section 2.01(d) (4) fourth
paragraph under surplus property). Furthermore, the City Commission
shall declare that the primary municipal use of said property shall
be that of a "natural preserve/environmental education center" and
shall preclude all other uses that are inconsistent with the above
or known to adversely impact the lands, waters, and wildlife on
said property and adjacent lands that may be included in the nature
preserve. Such shall not preclude the development of exhibits,
trails, bridges, boardwalks, signage, educational buildings, inter-
pretive facilities, security fencing, limited parking, landscaping,
utilities, and other limited accessories to such a center, nor shall
it preclude maintenance of the existing public utilities on the site.
4. The City of Clearwater shall agree to cooperate with the City of
Safety Harbor in an effort to acquire and secure in the public domain
the 4.3 acre environmentally-sensitive area adjacent to the 35-acre
parcel and to dedicate such lands and waters to the same purpose as
that in preceding condition #3 above, and shall agree to utilize
mitigation funds and any potential grant-in-aid money matched by
mitigation funds for the enchancement of the resources on this parcel,
despite its location in the city limits of Safety Harbor. Such
assumes cooperation on the part of the City of Safety Harbor to the
same end.
.
5. All such agreements must have the approval and consent of the
Southwest Florida Water Management District. Any decision by SWFl~1D
to not permit the mitigation effort proposed, nor the uses intended
for the properties as described, shall render all agreements null and
void.
6. As such the City of Clearwater agrees to permit the dredging and
filling of the previously described 2-acre wetland on the Sembler
property including all excavation and tree removals; SWFWMD must
likewise concur and permit such action lest all agreements become null
and void. Such does not relieve Sembler of compliance with all other
provisions of the Land Development Code and Code of Ordinances of the
City of Clearwater nor of its water management responsibilities with
SHFWMD on the balance of their property., .
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9 ". G ~ 2 G PAGE ~ 2 5
AGENT AGREEMENT FOR PERMIT APPLICATION
hereby give authorization for
TJ,e- S ~1>/~ C~h)P~iJ
Name of 1 andowner
Jeff Churchill/MANGROVE SYSTEMS, INC.
Authorized applicant/agent
to act in my behalf as an agent in obtaining a Permit and accepting
This is to certify that I.
the Permit and its stipulati~ns for the property located at:
tVw ur,,<tA'" J V. s. /9' N. C&o"'1 d Or~ S-I-r<.&1-
5i te of Project
~~~.
5' n~ of Lan owner
.:J /, 11 I s C.
I . Da te
of
OO:::t:: at~~~y
, 19~.
.. .
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EXlllOfT C
O (l. I. C) S C!
... U 'lI 4 rAGE
426
MEMORANDUM OF REAL ESTATE; rLJI~CHASE AGREEMENT
This is the Memorandum of tl1at. unrecorded RCiJl Estute Purchase Agrccrne(1t\
("Agrcement") duted lot" day of IV(".(7-ir7.:~i'rl . 1985 bC'!'tweer{'
f\,laurice A. Rothman ("Seller") LInd The Scmb cr Compuny (11 Buyer")
concerning the rCuf property known as ~rproximatcly 23.32 acres on the NW
corner of U.S. 19 N. and Drew Street in Clearwatcr. Florida. A driJwing of
same is uttached hereto as Exhibit A.
For good and valuable consideration, Seller has agrccd to sell and Buyer has
a9rced to buy tl1e above described Property upon U'c terms and conditions
set forth in the a foredescribed unrecorded Ag reemen t, which terms (lnd
condi tions a re incorporated in this Memorandum by th is referencc. Except as
provided in this Agreement, <is of the dutc hereof, Scller shall not havc the
right, with respect to the iJforesi:licf real rropcl4ty to enter into any new
Contracts, Leases or Agreements, oral or written without the prior written
consent of Guyer. This Memorandum shall terminate, without the execution of
any additiollul i'lgreemcnts, 360 days from the date first written ~bove.
This Memorandum is not a complete Sllmmary of the Agreement. Provisions of
this Memorandum shall not be used in intc'-rretin9 the Agreer.,cnt. In the
event of a conflict between this t...temoranciuln cll1d the Anrecment, the
Agreement shall control.
of () (., rCJBd n..
I I-'~
Parties have eXccLlted this Memorclndum on 0> day
~-'
~-
, 19 -' ~ .
I n witness whereof I the
:QWITNESSES: .. /
-~ ~..
"'7.--.-.- /-~,Y?- ~~?
JM-ttLJ &,~,.?'~
SELLER
k<tv~.,_o_ [I ~.~
Muu rice A. Rothmun
/7
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8UYER:
"file"Scmblcr Company (/
BY 711.. J/i;." cY1r'~-C--
I
M. Steven Scr.lbler - Vice President
j~1~ j 461i~
, ,
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Puge 1 of 2
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STATE OF
COUNTY OF
G' ra I I. 0 G'
i "; U ~..; , PAGE
427
Before me, a Not~ry Public ir~lnd for said Coun ty per'sonalfy appeared the
above mImed ??ln~J, a ~~.... ' who ;Jcknowledged thut he did
s ig n the foregoing in strumen t t1nd tha t the same is hi s free act und deed.
IN WITNESS WHEREOF, J have hereunto
OffjCi~ seal at the above said
,...~/ ' 19P5:
My Commission Expires;
. (
subscribed my name and affixed my
COLlnly this /()!:S:. day of
NO r ARY PUBLIC STATE OF FLORIDA
,\\i CCM,',\;SS;QN EXPIRES MAR 8 1987.
DI..NDEO THRU GENERAL INSURANCE UNO
~~, fr ~
t:fiJr lib IC
STATE OF ~
COUNTY OF ~~
Before me, a Notury PLlblic in tlncl for s'aid .CoLmty, persollally uppe~rcd
M. Steven Sembler, Vice President, for The Sembler CompZlny", the Corporution
which executed the foregoing instrument, who acknowledged tllut he did sign
and seal said instrument as Corporate Officer in behc,df of suid Corporation
and by <:luthority of its Board of Directors nnd thi:lt suid instrument is the
free <:lnd Corporate <:lct nnd deed of ~<:lid Corrol...tion.
IN TESTIMONY WHEREOF, I hilve hereunto set my hand <:lnd offici..1 seul at
the <lbove said County this /d.5 day of @T~./ , 19 ?5".
,
My Commission Expi res:
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXPIRES MAR 8 1987
IIvr'lDED IMM.' ut,'o;tJV>.L li'I)I.'K/\N\..t UN\)
C i<aJ?d
NOp'~C
.,
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Page 2 of 2
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11' .:. J ':I' ,;.' PAGE
~28
lo
COMMENCE AT THE SOUTHEAST CO~~ER OF SAID SECTION 7, Tom~SHIP 29 SOUTH,
RANGE 16 EAST: THENCE N. 89036'10"W., ALONG THE SOUTHERLY BOUNDARY OF
SAID SECTION, 450.02 FEET: THENCE LEAVING SAID LINE N.OOo54'44"E.,
50.00 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE
NORTHERLY RIGHT-OF-\~AY OF DREW STREET (S.R. 590 - A 100.00 FOOT RIGHT-
OF-WAY); THENCE N.89036'lO"\-l., ALONG SAID LINE 250.00 FEET: THENCE
LEAVING SAID LINE N.00054'44''E., 350.02 FEET; THENCE N.89036'lO"\L,
395.28'FEET TO A POINT ON THE EASTERLY BOUNDARY OF A.F.P.C. RIGHT-OF-
\~AY AS RECORDED IN O.R. 1479, PAGE 95; THENCE N.00043'43''E., ALONG SAID
LINE 946.94 FEET; THENCE LEAVING SAID LINE s.89047'45"E., 998.37 FEET TO
A POINT ON THE \~ESTERLY RIGHT-OF-\~AY OF U.S. HIGHWAY NO. 19 (A 200.00
FOOT RIGHT-OF-\~AY); THENCE S. 00054 '44"\01., ALONG SAID LINE 900.32 FEET;
THENCE LEAVING SAID LINE N.89036'10"\~., 350.02 FEET; THENCE S.OOo54'44"\L,
400.02 FEET TO THE AFOREDESCRIBED POINT OF BEGINNING.
, CONTAINING 23.32 ACRES MORE OR LESS.
EXHIBIT "A"