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10/12/2021
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10/12/2021
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3/24/2022 10:16:29 AM
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12/29/2021 10:38:31 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
10/12/2021
Meeting Body
Board of County Commissioners
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Board of County Commissioners <br />October 5, 2021 <br />Page 2 <br />Like in 2016, County staff's position is that the conservation easement is serving the public interest and <br />resulting in the conservation and management of natural resources in a regional corridor warranting <br />protection. Additionally, because the site is remote from the vast majority of County citizens, the public <br />access benefits that could accrue from fee simple acquisition are minimal. Finally, County staff believes <br />that fee simple acquisition of the property would result in acquisition and management costs that are <br />unneeded to meet County objectives that are already being accomplished under the easement. <br />On October 5, 2021, the Board requested information about 1) conservation easement restrictions, 2) <br />Florida Wildlife Corridor purchases, and 3) a possible price for the County to purchase the property. <br />Under the Deed of Conservation Easement, the use of the property is greatly restricted. The property <br />owner maintains the right to have native fish and wildlife on the property, and to have non-commercial <br />hiking, camping, and horseback riding. The property owner also has the right to continue to use, <br />reconstruct and relocate existing buildings and structures on the property such as barns, dog pens and <br />fences. Additionally, the property owner has the right to continue existing agricultural practices, <br />including grazing of cattle, sheep, horses, and other livestock. Of note, as discussed at the October 5, <br />2021 Board meeting, the property owner has the right to construct two new residences. The Deed of <br />Conservation Easement also allows for utilities to be provided to the new or relocated residences. The <br />Deed of Conservation Easement also contains a long list of prohibited uses. These include, but are not <br />limited to; new construction of temporary or permanent buildings (other than the two residences provided <br />above), commercial or industrial activity, exploration or mining of oil, gas, minerals and other materials, <br />subdivision (aside from the two residential parcels), commercial timber harvesting, billboards, or activities <br />detrimental to the fish and native wildlife habitat or that may reasonably be expected to adversely affect <br />threatened or endangered species. <br />Earlier this year, Governor Ron DeSantis signed Senate Bill 976, The Florida Wildlife Corridor Act. The <br />legislation directs the Florida Department of Environmental Protection to encourage and promote <br />investments in areas that protect and enhance the Florida Wildlife Corridor. On September 21, 2021, the <br />Governor and Cabinet serving as the Board of Trustees of the Internal Improvement Trust Fund approved <br />purchase of a conservation easement over 6,665 acres located in Indian River County and Okeechobee <br />County within the Kissimmee -St. Johns Connector Florida Forever project. The conservation easement <br />purchase for $15 million had similar restrictions as those in the Deed of Conservation Easement, including <br />the right to construct three additional residential areas, with each area limited to three residential buildings. <br />The property owner is selling the roughly 701 acres for $5 million. I would anticipate that the property <br />owner would expect at least that amount from the County. <br />FUNDING. <br />No funding is necessary at this time. If the County were to move forward with and offer to purchase the <br />fee simple ownership of this property, staff would recommend the use of Local Option Sales Tax. No <br />funds are budgeted for this purchase currently, so a budget amendment would be necessary to allocate this <br />funding from Reserves. Staff would also pursue matching grant dollars for the purchase. <br />96 <br />
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