In the recommendation
What the Task Force recommendation says about Gum Swamp
- About 21.5 acres, with water rights, would be conveyed to DIA for the benefit of the community (Step 5).
- DIA already owns a comparable acreage of Gum Swamp land, so the Board is familiar with the maintenance and insurance that come with it (Step 6, item 5).
- No sale is anticipated. The land is subject to all DIA and governmental restrictions. If, for some unforeseen event in the future, DIA was allowed and authorized to sell it, then the net proceeds would be split equally with DCC (Step 5).
- The original recommendation describes the parcel as “19-3S-28E 21.276 PT SEC 19 RECD O/R 14470-2092” (Step 4, Section 2).
These terms will be set out in the formal contract that DCC’s lawyers are preparing; see Step 7.
On record
The recorded conservation easement
A conservation easement is a recorded agreement that permanently limits what can be done on a piece of land, so that it stays natural. This one was recorded in Duval County in 2008.
Duval County Official Records, Book 14334, Page 335. Document 2008002501.
Baymeadows North, L.L.C., to the St. Johns River Water Management District.
More or less, in Section 19, Township 3 South, Range 28 East (Exhibit A).
Required by the District as a condition of a District permit and a U.S. Army Corps of Engineers permit.
To protect wetland vegetation and wildlife habitat “in perpetuity” by preventing construction on the protected portions.
It runs with the land and binds future owners (Section 7).
What it limits
- Buildings, roads, signs, billboards, advertising, utilities and other structures on or above the ground, other than structures authorized by the permit. Elevated boardwalks, hiking trails and camping areas are allowed if they involve none of the prohibited uses.
- Dumping or placing soil or other material as landfill, and dumping trash, waste or hazardous materials.
- Removing or destroying live trees, shrubs or other vegetation, except exotic species.
- Excavating, dredging or removing soil, gravel, rock or other material in a way that affects the surface.
- Surface uses other than those that let the land or water remain predominantly natural.
- Activities harmful to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat, and acts or uses harmful to the retention of the land or water areas or to sites of historical, architectural, archeological or cultural significance.
What the owner keeps
- The right to do work authorized by the permit, or by future District or Army Corps permits (Section 3).
- All other rights of ownership, including the right to allow others to use the land, for uses that are not expressly prohibited and are not inconsistent with the easement’s purpose (Section 4).
Who enforces it, and who pays
The District (or its successor agency) and the U.S. Army Corps of Engineers can enforce the easement by injunction and other remedies. The costs of enforcement, including reasonable attorney’s fees and the cost of restoring damage from a violation, fall on whoever is the record owner of the affected part of the land at the time. Their staff may enter the land at reasonable times to check compliance, with notice to the owner before entering fenced areas. Choosing not to enforce a violation once does not waive the right to enforce a later one (Section 6).
Changing it
The easement may not be amended without the prior approval of the District and the Army Corps of Engineers (Section 7). It took effect when it was recorded (Section 8).
Read the document
The recorded easement, in full
· Exact text (pages 1–3)
Recording stamp: Doc # 2008002501, Official Records Book 14334, Page 335. Filed and recorded January 3, 2008 at 1:56 PM, Clerk of the Circuit Court, Duval County. Five pages; the text below is pages 1 through 3.
Declaration of Conservation Easement
THIS DECLARATION made this 3rd day of January, 2008, by Baymeadows North, L.L.C., a Florida Limited Liability Corporation (“Grantor”), and the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (“Grantee”);
WITNESSETH
WHEREAS, Grantor is the owner of all of the real property shown and described on the legal description and map attached as Exhibit “A” in Duval County, Florida, attached hereto and made a part hereof (the Property); and
WHEREAS, Grantee is an agency qualified to receive dedication of the interest granted herein pursuant to Section 704.06, Florida Statutes, and has required execution of this Conservation Easement as a condition of that certain St. Johns River Water Management District Permit(s) #4-031-106054-1, and that certain U.S. Army Corps of Engineers Permit #SAJ-2006-1035-BAL issued to the Grantor as such permit may be amended from time to time.
WHEREAS, Grantor, for itself and its successors in title, desires to protect and preserve portions of the Property and prevent construction from occurring on portions of the Property so as to provide for the continued presence of wetland vegetative species and wildlife habitat in perpetuity.
NOW THEREFORE, in consideration of the covenants contained hereinbelow, in accordance with Section 704.06, Florida Statutes, Grantor for itself and its successors in title, does hereby create and establish a perpetual Conservation Easement on, over under and across the Property (“Conservation Easement Area (SJRWMD)”) to constitute a servitude upon the conservation easement property for the purpose of accomplishing the above-stated intent of Grantor and it is agreed that:
1. The above representations are true and correct.
2. By this Declaration of Conservation Easement, Grantor hereby covenants, for itself, its successors in title and assigns, that the Easement Property shall be retained in its natural, scenic, open or wooded conditions and, subject to the rights reserved herein by Grantor, hereby prohibits or limits the following activity in, or about the Easement Property:
a. Construction or placing of buildings, roads, signs, billboards, or other advertising, utilities, or other structures on or above the ground other than those structures authorized by the permit. Elevated boardwalks, hiking trails and camping areas will be permitted as long as they do not involve any of the prohibited uses listed below.
b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or hazardous materials.
c. Removal or destruction of live trees, shrubs, or other vegetation, except for exotic species.
d. Excavation, dredging, or removal of loam, gravel, soil, rock or other material substance in such manner as to affect the surface.
e. Surface use except for purposes that permit the land or water area to remain predominately in its natural condition.
f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation.
g. Acts or uses detrimental to such retention of land or water areas.
h. Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archeological, or cultural significance.
3. Grantor hereby reserves the right to perform any work on the Property specifically authorized by the Permit or which may be authorized by any future Grantee or Army Corps of Engineers permit.
4. Grantor hereby reserves and excepts unto itself and its personal representatives, heirs, successors and assigns, all rights accruing from its ownership of the Easement Property including the right to engage in or permit or invite others to engage in all uses of the Easement Property that are not expressly prohibited herein and are not inconsistent with the purpose of this Easement.
5. This Declaration of Conservation Easement shall constitute a “conservation easement” as defined in Section 704.06, Florida Statutes (2001), except that reserved rights shall be permitted as described herein.
6. This Easement may be enforced by the Grantee or its successor agency and Army Corps of Engineers by injunctive relief and other appropriate available remedies. Any costs incurred by the Grantee or its successor agency in enforcing this Easement, including reasonable attorney’s fees and costs of restoration necessitated by a violation, shall be borne by the then record owner of the portion of the Easement Property involved in the enforcement. Any forbearance on behalf of the Grantee and Army Corps of Engineers to exercise its rights in the event of a violation shall not be deemed or construed to be a waiver of the Grantee’s and Army Corps of Engineer’s rights hereunder in the event of any subsequent violation. Grantee’s and Army Corps of Engineer’s staff may enter the Easement Property in a reasonable manner and at reasonable times to ensure compliance with this Easement. Prior to entering any fenced areas, Grantee’s staff will notify Grantor. Access is granted to allow the permittee or authorized representatives of the permittee, to implement corrective actions as directed by the U.S. Army Corps of Engineers.
7. This Declaration of Conservation Easement shall run with the Easement Property and shall be binding upon and inure to the benefit of Grantor, Grantee, and their respective successors and assigns, and may not be amended without prior approval of the Grantee and Army Corps of Engineers.
8. This Declaration of Conservation Easement shall become effective upon the date it is recorded in the public records of Duval County, Florida.
Execution
IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed all as of the day and year first above written. Signed for Baymeadows North, L.L.C. by J. Daniel Collins, President of The Collins Group, Inc., as Manager, in the presence of two witnesses, and acknowledged before a Notary Public of the State of Florida, County of Duval, on January 3, 2008.
Ex. A Map and legal description (pages 4–5)
Pages 4 and 5 of the recorded document are a two-sheet “Map Showing Conservation Easement” prepared by Clary & Associates, Inc. (map dated December 12, 2006; amended May 29, 2007). Sheet 1 is the map, with a point of commencement and point of beginning and neighboring Deerwood plats, Hunters Grove Road and Little Fox Lane marked. Sheet 2 is the legal description: a portion of Section 19, Township 3 South, Range 28 East, Duval County, Florida, containing 78.53 acres, more or less, prepared for The Collins Group, Inc. The sheets include a general note that the map “does not represent a boundary survey.” They are best read in the PDF.
The text above was transcribed from the recorded document. If anything here differs from the recorded document, the recorded document controls.
Questions and requests
Want more on Gum Swamp?
If you have a question about Gum Swamp, or would like to request material, email the DIA Board at board@deerwoodjax.com.
Related: the Option Agreement (“LOI”) story, start to finish · the current recommendation · the Task Force’s analysis.