Individual Items ITEM 7 by gox16621

VIEWS: 4 PAGES: 5

									ITEM 7:

REQUEST: Consideration to ensure a 50-year private access easement plus a 50-year
blanket easement to allow three utility crossings are in compliance with the Board of
Trustees Incompatible Use Policy. The access easement consists of 450.60 square feet,
15 feet by 30 feet (0.01 acres) crossing over the West Orange Trail. The blanket utility
easement consists of 1,862.85 square feet, 15 feet by 125.19 feet (0.04 acres), and the
contractor will provide as-built drawings to the Department of Environmental Protection,
Division of State Lands and Office of Greenways and Trails for utilities once constructed.

LOCATION: Orange County, within Section 03, Township 21 South, Range 28 East

APPLICANT: Dr. Richard Rubinstein and Dr. John Turgai

CONSIDERATION: Appraised easement value plus $1,000 worth of goods and services for
Net Positive Benefit

DSL STAFF REMARKS: The Department of Environmental Protection, Division of State
Lands (DSL) received a request from Dr. Richard Rubinstein and Dr. John Turgai for 50-year
access and utility easements to a private-for-profit business. The state-owned land on which
the easements are to be granted is managed by the Department of Environmental Protection,
Office of Greenways and Trails (OGT) as part of the West Orange Trail. The West Orange Trail
is locally managed by Orange County (County) through a sublease with OGT.

OGT and the County have submitted letters stating that they have not objection to the proposed
easements. OGT has determined that the proposed easements do not appear to be a
hindrance to management as long as the temporary route of the trail is constructed prior to
beginning the utility construction. It is not anticipated that these easements will impede or
threaten endemic species.

Council review is requested to ensure compliance with the four conditions of the Board of
Trustees’ Incompatible Use Policy of Natural Resource lands.

Public Interest: The issuance of the non-exclusive easements is in the public interest and will
cross over and under an existing trail. The easements will provide access and utilities to a
parcel owned by Dr. Richard Rubinstein and Dr. John Turgai where they intend to construct an
animal hospital. The easements will provide them and their clients ingress and egress to the
proposed animal hospital and the necessary utilities to operate.

Use is Not Incompatible: The uses are incompatible with the primary use for which the land
was acquired, however, it is the most practicable and direct route.

No Practicable Alternative: The proposed route is the most practicable route and the least
environmentally disruptive.

Net Positive Benefit: Granting the proposed easements will have minimal negative impacts to
the trail. The easements have been evaluated by the OGT and Orange County, the local trail
manager, and are subject to the following special conditions:

1. Dr. Richard Rubinstein and Dr. John Turgai shall be responsible for maintaining the access
easement area for ingress and egress purposes;
2. Dr. Richard Rubinstein and Dr. John Turgai shall coordinate all easement maintenance
activities with OGT staff and Orange County, the local trail manager;

3. Dr. Richard Rubinstein and Dr. John Turgai have agreed to provide $1,000 in goods and
services to compensate for the impact area of the West Orange Trail and refurbish the trail to its
natural state once construction is complete; and,

4. Dr. Richard Rubinstein and Dr. John Turgai will provide as-built drawings for the utilities to the
local manager, OGT and DSL once constructed.

DSL STAFF RECOMMENDATION: Approve

ARC RECOMMENDATIONS:
( ) APPROVE
( ) APPROVE WITH MODIFICATIONS: ___________________________________
( ) DEFER
( ) WITHDRAW
( ) NOT APPROVE
( ) OTHER:
                                                                                                         SITE

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APPROVED:           FAB                        Parcel ID Map                                      TECHNOLOGIES

                                      Apopka Animal Hospital                                       311 N. Rosalind Avenue

DATE!    12/4/2007                             859N.   Park Avenue                                Orlando. Florida32801
                                                                                                  (407) 206-7222
                                                                                                                                     6
                                         Apopka, Orange County, FL                                (407) 206-7223 fax             312001-SOILS
SCALE:      N.T.S.                        Stillwater Project #320-003
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                              Aerial Map                  stillwater                FIGURE
                                                          TECHNOLOGIES
APPROVED:

DATE!
               FAB

         07/18/2007
                      Park Avenue Animal Hospital
                             859 North Park Avenue
                           Apopka, Orange County, FL
                                                          311 N. Rosalind Avenue
                                                          Orlando. Florida32801
                                                          (407) 206-7222
                                                          (407) 206-7223 fax
                                                                                       2
                                                                                   320003-AERIAL
SCALE:      N.T.S.          Stillwater Project #320-003
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                               Sketch of Description                                                                                 stillwater
                                                                                                                                     TECHNOLOGIES
                                                                                                                                                                                SHEET
APPROVED:    WCE
                                      McCree
DATE:    2/14/08
SCALE: 1" = 30'
                                      Park Avenue Aminal Hospital
                              Section 3, Township 21 South, Range 28 East
                                                                                                                                 311 N. Rosalind Avenue
                                                                                                                                 Orlando, Florida 32801
                                                                                                                                 (407) 206-7222
                                                                                                                                 (407) 206-7223 fax
                                                                                                                                                                                 2
                                                                                                                                                                                OF         2
                                         Orange County, Florida

								
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