Super Wal-Mart/Alachua Sink

[Limestone Cowboy]

There experts failed to mention the spring cave under the land.

Thanks drew and I have been in touch with Buford and I am not confused. Cindy

OK, just checking, you wouldn't be the first to get them mixed up (like I did).

Drew

[Ken Hill]

As I understand it the Distribution Center is the spot where hundreds of trucks will stop then off and on load every week. There they will be washed and fueled and maintained. All leading to groundwater and run off issues.

From reading the testimony at the hearing, the ground issues will be addressed by "grouting" the limestone to prevent sinks from forming. Other than the grout there is no plan in place for a barrier of any sort to stop the surface conditions from leaching in the cave. I am glad there are enough cave divers savvy in the ways of engineering to interpret what is being done since professional assistance seems to be out of the question.

The irony of the matter is that the cave sits on En Ess Ess owned land and is still zoned as commercial when it should have had a conservation easement placed on it years ago.

Regards. /Ken
Regards
/Ken

[DeWayne]

Do you know if that topic was ever broached prior to now Ken (establishing a conservation easement)? If so, what became of it; did it just die off for lack of interest or what? If not, why? It seems to me that would be one of the first things done (or should be at least) once proerty such as this is purchased by a non-profit whose main mission is to conserve such lands. I guess what I am asking here is did the ball get dropped or did nobody ever bother to toss it out into play? Thanks for all your input on this matter.

[Genesis]

Online petitions (that automatically fax the people you want faxed) are easy - I specialize in them.

Contact me off the forum.

[Ken Hill]

Do you know if that topic was ever broached prior to now Ken (establishing a conservation easement)?

I can say I brought it up numerous times within the past two years and that as far as Mill Creek Sink, the matter stopped at the door of the enn **s **s AVP.

This idea for our property protection came at the suggestion of the Florida real estate lawyer that helped us on the closing of the Cow and School Sink parcels. I can't say, but I don't think those were done either since just after that another lawyer from another state is lending his expertise.

/Ken

[DeWayne]

I can say I brought it up numerous times within the past two years and that as far as Mill Creek Sink, the matter stopped at the door of the enn **s **s AVP.

This idea for our property protection came at the suggestion of the Florida real estate lawyer that helped us on the closing of the Cow and School Sink parcels. I can't say, but I don't think those were done either since just after that another lawyer from another state is lending his expertise.

/Ken

I meant to ask about those other two as well, glad you thought to mention them. What all is involved in getting such as this accomplished?

[Ken Hill]

I meant to ask about those other two as well, glad you thought to mention them. What all is involved in getting such as this accomplished?

From what I recall from the Attorney, it will involve filing a deed restriction limiting the land for conservation use only. A fairly simple procedure and one not likely to be challenged by the surrounding land owners since it is so benign.

You can read the Florida statute at: http://www.wildlaw.org/easements/704-06.html

Some elements of this process include:

704.06 Conservation easements; creation; acquisition; enforcement.--

(1) As used in this section, "conservation easement" means a right or interest in real property which is appropriate to retaining land or water areas predominantly in their natural, scenic, open, agricultural, or wooded condition; retaining such areas as suitable habitat for fish, plants, or wildlife; retaining the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance; or maintaining existing land uses and which prohibits or limits any or all of the following:

(a) Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground.

more........

(2) Conservation easements are perpetual, undivided interests in property and may be created or stated in the form of a restriction, easement, covenant, or condition in any deed, will, or other instrument executed by or on behalf of the owner of the property, or in any order of taking. more ..........

(3) Conservation easements may be acquired by any governmental body or agency or by a charitable corporation or trust whose purposes include protecting natural, scenic, or open space values of real property, assuring its availability for agricultural, forest, recreational, or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving sites or properties of historical, architectural, archaeological, or cultural significance. more .......

(4) Conservation easements shall run with the land and be binding on all subsequent owners of the servient estate. No conservation easement shall be unenforceable on account of lack of privity of contract or lack of benefit to particular land or on account of the benefit being assignable. more.......


(5) All conservation easements shall be recorded and indexed in the same manner as any other instrument affecting the title to real property.

(6) The provisions of this section shall not be construed to imply that any restriction, easement, covenant, or condition which does not have the benefit of this section shall, on account of any provision hereof, be unenforceable.

(7) Recording of the conservation easement shall be notice to the property appraiser and tax collector of the county of the conveyance of the conservation easement.

(8) Conservation easements may provide for a third-party right of enforcement. As used in this section, third-party right of enforcement means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, or charitable corporation or trust as described in subsection (3), which although eligible to be a holder, is not a holder.

****see my note****

(9) An action affecting a conservation easement may be brought by:

(a) An owner of an interest in the real property burdened by the easement;

(b) A holder of the easement;

(c) A person having a third-party right of enforcement; or

(d) A person authorized by another law.

(10) The ownership or attempted enforcement of rights held by the holder of an easement does not subject the holder to any liability for any damage or injury that may be suffered by any person on the property or as a result of the condition of the property encumbered by a conservation easement.

(11) Nothing in this section or other provisions of law shall be construed to prohibit or limit the owner of land, or the owner of a conservation easement over land, to voluntarily negotiate the sale or utilization of such lands or easement for the construction and operation of linear facilities,

more ........
____________________________________________

**** Note****

With reference to #8. This provision would require the ENN ESS ESS or the SEE DEE ESS to name a third party (not for profit) to enforce the conservation easement should either of these two orgs disband or lose ownership due to litigation. That would mean "trusting" another not for profit cave organization with the fate of your asset in the event your orgs were no longer in the picture.

Its late.

/Ken

[Cindy]

Hey Ken, there are two groups right now that work with environmental easements. The land over the upstream portion of the cave is already protected, that was done by the Alachua Conservation Trust. The Karst Conservancy also will set up and manage environmental easements. If we could get the land owner to go along with prtecting the portion downstream it would be great but I think you are shooting in the dark on that one. They know that the easement you are talking about would ruin the chance of selling the land to Wal Mart. Cindy

[Ken Hill]

Cindy,

Good morning. The Mill Creek Sink parcel that we own is still zoned commercial. That's the land I was referring too. How can we ask others to take conservation measures seriously when we ourselves have not taken the full advantage of the law to protect what we own.

I am glad to hear the Alachua Conservation Trust and the Karst Conservancy also will help. /K


Reference:
http://www.acpafl.org/ParcelResults....66%2D002%2D001

[Cindy]

Hey Ken, It doesn't matter if the NSS does not intend to sell the site since they are a conservation based organization. I know it was at one point suggested to them to sell the site to the CDS but I don't think that happened. For now this only makes muddy water to switch subjects like this. What I would really like to see you look up is spring laws and critter protection laws so I can put those down in the petition I am going to form. I need info related to saving the cave right now. We can worry about the rest later, Cindy