Thomson Easement Documentation Report - 1988-07-12


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Thomson Easement Documentation Report - 1988-07-12

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Thomson Easement Documentation Report - 1988-07-12
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English
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Box 2

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University of South Florida
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University of South Florida
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This object is protected by copyright, and is made available here for research and educational purposes. Permission to reuse, publish, or reproduce the object beyond the bounds of Fair Use or other exemptions to copyright law must be obtained from the copyright holder.
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035069031 ( ALEPH )
981477171 ( OCLC )
L41-00128 ( USFLDC DOI )
l41.128 ( USFLDC Handle )

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University of South Florida
Lorida Audubon Collection

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The Nature Conservancy JI Florida Chapter 1353 Palmetto Avenue , Winter Park, Florida 32789 (305) 628-5887 Ms. Hope ck, General Counsel National Society 810 Pe ylvania Ave., S.E. 301 20003 Dear Ms. Babcock, July 12, 1988 We have just completed an inventory of the physical and natural features of properties protected by conservation easements held by the Nature Conservancy in Florida. Enclosed are two originals of our report on the property you donated the conservation easement to us on August 1, 1980. To comply with IRS regulations, The Nature Conservancy and you as the grantor both need to acknowledge that this report is in fact an accurate description of the property. Any future questions about the condition of the property at the time of the grant can be simply and quickly resolved by reference to this report. We would appreciate your taking the time to look through the report. Once you have reviewed it, please initial each page and sign the certification before a notary. Return one original to me. This report will be kept for safekeeping in the Conservancy's central archives, and does not need to be recorded in the county property records. If you find any errors in the report, please call us immediately so that we can make any necessary corrections. Once again, we thank you for your commitment to the preservation of this property and look forward to working with you to safeguard its integrity. Lisa Thorsen Thomson, Assistant Stewardship Director Nat1cnal O ff ice, 1 800 North Kent Street , Arlington , Virginia 22209

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smTE oF Alew Uack coumY OF, Jvdyock I HEREBY CERI'IFY that on this day, before me, an officer duly authorized l.!1--the Sta.te and County aforesaid to take ocknowledgnents, personally appeared 1-&o k i)u,-1
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PROPERP-! COrDITION CERrIFIC.i\TION This is to certify that fte:,vk M J)ysT,tlJOn be~Vev~f L~S ~cIOtAUDUBON SOCIE'Tl, the Gran tor, and CHAPLES R. BASSE."T'rl~presen~1hg t:he erantee, The Nature Conservancy, do accept ana acknowlecge this report as an accurate description of the current lane uses and physical features as of 12/7 /87, on the Ordway-Hhittell r " . ;jcl..J S'~ c ,~ ::T-f,4 : 11, f"~ .s , "d fE:,.)f GRAN.t.:~uS T"ME N A'IUPE COtJSERVAlCY B ~ l Its: -------~--. -Vice-President Attest: By:......,c====i-------Its:1 Asst. cretary

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/. EASEMENT DOCUMENTATION REPORT CHECKLIST (Revised 6):87) All items below must be .provided with the Easement Documentation Report Package. Two duplicate originals should be prepared for storage at NATO and the Field Office. CHECKLIST PROPERTY CONDITION CERTIFICATION SUMMARY SHEET LEGAL SUMMARY DESCRIPTION AND BACKGROUND INFORMATION Acquisition Location Tract Description Physical Environment Ecological Features Man-made Structures/Improvements Land Uses Affecting the Easement MAPS ** INDICATE NORTH ON ALL MAPS** State Map: show Easement Location (Optional) Road Map: Show Property Location and Access USGS Topo Map: Show Tract Boundaries Survey Map of the Easement Property APPENDICES A. Recorded Copy of the Easement B. Aerial Photo of the Easement Property c. Photostations Map D... Photographic Data Sheet Should include photographer's name.and address; date photos were taken; subject of eachphoto. Reference the photostations map and indicate position each photo was taken from; compass direction (using magnetic azimuth); camera type, focal length of lens, speeds, and F-stops. E. Slides or Photos signed and dated by the photographer F. Ecological and Man-Made Features Map of the Easement Property Show significant features mentioned in Description and Background Information Section.

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EASEMENT DOCUMENTATION REPORT SUMMARY SHEET Ordway-Whittell Kissimmee Prairie Sanctuary A. Easement Name: Kissimmee Prairie State: Florida County: Okeechobee Prepared by: Date(s) Recorded: 8/1/80 & 2/22/82 Okeechobee County O. R. Book 236, pg 541 & O. R. Book 247, pg 360 Date: 12/7/87 Eugene M. Kelly Research Intern Florida Field Office 1353 Palmetto Ave. Winter Park, FL 32789 Present OWner (Granter): The National Audubon Society 950 Third Ave. New York, New York 10022 B. Brief Description of Area Under Easement: Acreage: 6,414 USGS Quad: Fort Drum SW (7.5 minute series) Longitude/Latitude: 27', 80' Target Elements: Freshwater marsh, wet prairie, dry prairie, cabbage palm hammock. Man-made Structures/Improvements: A significant portion of the property was diked and used for farming tomatoes. These dikes remai~ a conspicuous feature of the land. Most of the remaining property served as pasture land for cattle. Two lines of old fence posts, remnants of cross-fencing, are still present. Groundwater testing wells have been established near the corners of the preserve, and several hog pens have been constructed on the dike system in the northwestern corner. Land Uses Affecting Easement: The entire property is to be maintained in a natural state. Any land use not consistent with this goal is prohibited. Surrounding land uses which may affect the easement property are cattle grazing, agriculture, and hunting. c. Required Frequency of Monitoring for this Easement: The inaccessibility of this Sanctuary, and stewardship by a nationally recognized conservation organization, suggests that annual monitoring should be sufficient. It would be prudent of the monitor to conduct his/her reconnaissance during the dry season!

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EASEMENT DOCUMENTATION REPORT LEGAL SUMMARY: RESTRICTIONS ARD RETAINED RIGHTS Ordway-Whittell Kissimmee Prairie Sanctuary Summary of Conservation Easement Provisions: Restrictions: The construction or placement of buildings, fences, and advertising material is prohibited. There shall be no filling, dredging, drilling, mining, dumping, nor any changes 1.n topography or drainage patterns. All plants and wildlife are to be protected from perturbation. This includes the removal, destruction, cutting, or farming of plant material, spraying of pesticides, grazing of livestock, and operation of motor vehicles. Hunting and trapping are prohibited, except as may be necessary to properly manage animal populations for the benefit of the preserve. The Nature Conservancy is granted the right to visually inspect the property, in a reasonable manner and at reasonable times, in order to verify compliance with the aforementioned covenants and restrictions. Legal proceedings may be instituted to enforce the covenants and prevent prohibited activities. These proceedings may include, but are not limited to, the right to require restoration of the protected property to its original condition. (Original condition shall refer to the state of the property at the time the easement was granted.) The right to take actions as may be necessary to insure compliance is not forfeited by any prior failure to act. Notwithstanding any of the reserved rights listed below, any actions which are contrary to the restricted activities described above are prohibited, unless they are in accordance with the programs outlined in "Proposal to the Goodhill Foundation for the Acquisition and Development of the Kissimmee Prairie as a Sanctuary and Nature Center", submitted by The National Audubon Society (NAS) on July 12, 1980. All easement restrictions will be inserted by the granter (NAS) in any subsequent legal instrument by which the granter relinquishes interest in the property. Retained Rights: The National Audubon Society reserves the right to construct a visitor's center and other structures as outlined in the "Proposal" mentioned above. Provision is. also made for the construction of a roadway to the aforementioned center, in a manner most suitable for preserving the natural and aesthetic character of the property. The design of any nature trails associated with the center must be consistent with the goal of overall preservation of the site.

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Livestock may b~ grazed on the property, provided that the terms and conditions of the activity are subject to the written approval of The Nature Conservancy. Any controlled burning conducted at the site shall be designed to simulate natural conditions. The operation of motor vehicles is to be restricted to the roadways, and is to be done in a manner consistent with the protection of the natural, scenic, and open condition of the property. Scientific and educational research may be conducted on the preserve, on the condition that it also is done in a manner that is consistent with the goal of preservation of the protected property.

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EASEMENT DOCUMENTATION REPORT DESCRIPI'ION AND BACKGROUND INFORMATION Ordway-Whittell Kissimmee Prairie Sanctuary Acquisition: The National Audubon Society (NAS) has had a longstanding interest in the Kissimmee River prairie system. With the permission of local landowners, Audubon personnel have patrolled and led informal tours of the area since 1936. In 1979, NAS approached The Nature Conservancy (TNC), requesting their assistance in negotiations for the puchase of a large, relatively intact remnant of the Kissimmee prairie. On August 1, 1980, TNC purchased from Doyle Carlton, Jr., and family, 6090 acres of prairie property located in Okeechobee County, Florida. TNC immediately transferred the title to NAS, who in turn granted TNC a conservation easement protecting, in its entirety, the newly formed Ordway-Whittell Kissimmee Prairie Sanctuary. NAS later purchased an additional half-section of land adjacent to the existing Sanctuary. This increased the total acreage to 6,414. on February 22, 1982, NAS granted TNC a second conservation easement, identical in language to the first, protecting the half-section addition. Location: The Sanctuary is located approximately 25 miles north of Lake Okeechobee and 10 miles east of the Kissimmee River. Take HWY 441 north. from the town of Okeechobee 15 miles to Eagle Island Road, then west on Eagle'Island Road 10 miles, to an unimprove~ road immediately east of the Eagle Island Dairy. Two locked gates between this point and the southern boundary of the Sanctuary preclude unauthorized visits. Access requires prior arrangement with the warden and NAS. Proceed north through the first locked gate for a distance of 4.8 miles. Then west .3 miles, north .1 mile, west .7 miles, and north .3 miles, to the second of the two locked gates. After entering through the second gate, follow the pasture road north and east about 2 miles to the southern boundary of the preserve. Tract Description: The Sanctuary consists of 9.5 contiguous sections of land, constituting a total acreage of 6,414. owners of abutting property include: Harvey Thomas on the southwest; Haynes Williams on the southeast; Doyle Carlton on the east; Sonny Peacock to the north; and Latt Maxey Corp. to the west. All of these adjoining properties are currently used for grazing cattle.

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Physical Environment: The Sanctuary is characterized by sandy soil associations, including Immokalee-Pompano, Pompano-Charlotte-Delray-Immokalee, and Felda-Pompano-Parkwood. The only conspicuous topographic relief is a system of dikes which were established to drain portions of the property intended for agricultural use. Ecological Features: A hydrologic regime which includes regular inundation has played major role in determining and maintaining the plant communities which occur on the site. Several decades previous to acquisition by NAS, agricultural interests initiated the excavation of a network of dikes. This prohibited the natural sheetflow of water across 12.50 acres of present Sanctuary property, which were then used for farming. At present these abandoned farm fields are dominated by torpedo grass (Panicum repens), considered by some authorities to be an exotic in the Americas (Deuver and Deuver, 1980). The ditches which border the dike system have been colonized by aquatics, including pickerelweed (Pontederia cordata) and saw grass (Cladium jamaicensis). Water-hyacinth (Eichornia crassipes) has been reported from some locations, but may have since been eradicated. The elements of primary interest on the Sanctuary are those which remain in a natural state: wet prairie (1300 acres); fresh water marsh (1000 acres); cabbage palm hammock (400 acres); and dry, or "low palmetto" prairie (2270 acres). Dry prairie is the most threatened community represented on the preserve. u \ \ . These natural range-lands were grazed by cattle prior to NAS acquisition, and subjected to frequent winter burns. Al though fire is undoubtedly a natural component of the Kissimmee Prairie ecosystem, the present communities have been influenced by an unnatural fire regime. Natural fires are ignited by lightening strikes during the summer wet season, hypothetically on a 3-7 year cycle (Deuver and Deuver, 1980). A return to a natural fire regime under NAS management may conceivably result in increased species diversity. Controlled burning is currently conducted biannually, during the period January-March. Endangered or threatened animal species seen on the preserve include the bald eagle (Haliaeetus leucocephalus), Florida sandhill crane (~ canadensis pratensis), Audubon's caracara (Polyborus plancus), and bobcat (~ rufus). Also present are great and snowy egrets, great blue heron, little blue heron, white ibis, glossy ibis, black vulture, red-shouldered hawk, least bittern, whitetail deer, grey fox, and a dense population of wild hog. The latter are a serious problem in the preserve. Their rooting is particularly destructive in the hammocks and dry prairie. Complete eradication is considered infeasible. However, annual winter trapping by individuals under contract to NAS is apparently keeping_their numbers in check.

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Man-made Structures/Improvements: A significant portion of the property was diked and used for farming tomatoes. These dikes remain a conspicuous feature of the landscape, and greatly inhibit the natural flow of water across the Sanctuary. Two lines of fence posts, remnants of old crossfence, run from north to south along the section lines. Beside the westernmost cross-fence is an old feeder drum. A fully intact line of barbed wire fence seperates the northern half of section 1 from the remainder of the preserve. Groundwater and rainwater monitoring stations have been set up in four corners of the Sanctuary. There are 6 or 8 hog pens located at intervals across the property. Land Uses Affecting the Easement: The half-section addition to the property (northern half of Section 1, Township 34S, Range 33E), purchased by NAS shortly after initial establishment of the Sanctuary, is at present being grazed by cattle (See quad map included with this report). A fence-line excludes cattle from the remainder of the preserve. All of the parcels adjacent to the preserve are also used as pasture. Some of these permit limited hunting. Any influence on the easement property which is attributable to these surrounding land uses should be relatively minor. This assumption presupposes that the existing drainage patterns and sources of water will not be altered by dikeing or ditching on neighboring lands. An ongoing project, designed to restore the nearby Kissimmee River to its natural course, may possibly affect the hydrology of the site. Current monitoring of the water table levels should detect any impact related to the restoration project. REFERENCES Deuver, M., and L. Deuver. 1980. Preliminary Reconnaissance of Ordway-Whittell Prairie Preserve. Report to National Audubon Society. Sanctuary Department of the National Audubon Society. 1981. Master Plan of the Ordway-Whittell Kissimmee Prairie Sanctuary.

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10 l) < l) • /"'! . . -', ,r...,.~ __./ u~--- • t--_...,~--~~--~..:--~1----~i-::7=:-;:-::-"-:I-.. . . ,=-~=.;.;;......~~=-,.,_-~.,_ ll • I J _ ,i : . c,_,..,..., -:---;;.;"..;"' -:.1o-,1t -:-~m--. 4 . ' , . It-;: 11 ~1 LOCATION Okeec..ho \, ee.. (ov-,..ty, FL

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. . ._ -. . . . . ~.:4.,_..,,_..." ........ ---. .. . . : . .. . • 4:.-• & . .. .. _ .. -. -: .... FORT DRUM SW QUADRANGLE -"--.. .,. ---.. -.. -~ .... ... --. . . --... -- •:(-i • -4lli -_.., ,.. .. 1 ,:•.( ,,, ... ,. , , . ; -Reduced copy of the USGS quad (1953, 7.5 minute series) which encompasses the Ordway-Whittell Kissimmee Prairie Sanctuary. Acetate overlay includes the boundaries of the preserve and those sections of dikes or levees not indicated on the quad. Reference for overlay preparat~on was the General Highway Map of Okeechobee County (see previous page). 1 N

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~=----~ . .• • •: ...... -~-~_;. .. . • ... __ .. • f.!: -~ ' ..... -. c~,:_ .t --~:-: , .. -=-~ ' -~ -::"!'.: 39 . - • • .r. . .29 ~-\ ;.,. ~-. . -. . J -~ . ~: ---~ --~-~ ._:~;~ . . : :? :. . - • .,. ... ---. ~----... . . . i])-:~:.~:. : . . ---.. -:..:1&,._..._.. ... ......_. -~. .. . . : . . . .:::,';,.:• -~~.;, -:., . . ~=-• .!:, -;. ..... -= •~-':., 1 -~t~-:1::.C,~~• • -•~ •'!.I • .:~ .. !:t::F~~ :-.. -r ._ ~:.--• • ~-• --A• --~ 'tl'-t.. '• ~-~-v • _.... . •.. '::i?&.; ~.-E:.•=--~ .. -• ., C: -,i,,;. ---. ~--. ... .. .#-~-. -.. % ... _ •• : --JI-~... .:-i -:-• "' :•. . . . --: ... .;•.:"" . . --. --.. . .• • . . ... . . .. .. _ .. -. -:--FORT DRUM SW QUADRANGLE -. .: -.. . .. ... 1: --_-. :,. -..... ~--i .:•.( , .. ... ,. , ' . Reduced copy of the USGS quad (1953, 7.5 minute series) which encompasses the Ordway-Whittall Kissimmee Prairie Sanctuary. Acetate overlay includes the boundaries of the preserve and those sections of dikes or levees not indicated on the quad. Reference for overlay preparat~on was the General Highway Map of Okeechobee County_ (see previous page). ! 1 N

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APPENDIX A Copy of Recorded Easement.

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CONSERVATION EAS Et1ENT ', (.r THI~ INOFNTURE, made this __ >_ day of August. 1980, WITNESSETH: WttlREAS, National Audubon.Society, Inc .• a New York corporation, not for profit, hereinafter called "Grantor," is the owner in fee simple of certain real property here i nJ fter called the "Protected Property. 11 which has aes the tic. scientific I educational and ecological value in its present state as a natural area which has not been subject to development or exploitation, which property is described as follows: Thc1t rec1l property in Okeechobee County, Florida, containing approximately 6,090 acres, more or less, and more fully described on Exhibit 11A" attached hereto ,rnd by this reference incorporated herein; WltCR(AS, The tlature Conservancy, hereinafter called the 11Grantee111 is a nonprofH corporation incorporated under the laws of the District of Columbia, whose purposes include the preservation and protection of natural areas for aesthetic, scientific, charitable and educational purposes; an~ '~ WttEREAS, Florida Statutes, Sec. 704.06 provides for the creation of perpetual c:o,1~ervation ec1sements; and WHEREAS the Granter and Grantee recognize the natural scenic, aesthetic and special character of the region in which the Protected Property is located, and have the conmen purpose of conserving the na tura 1 va 1 ues of the Protected Property by the convey.inc.:e to the Grantee of a Conservation Easement on, over and across the Protected Property, which shall conserve the natural values of the Protected Property, conserve .i11d prntect the animal and plant populations and prevent the use or 0d . evelopment of that property for any purpose or in any manner, except as prQvided herein, which 1 11,uld conflict with the maintenance of the Protected Property in its natural ',Ll'llil r.1nd open condition for both this generation and future generations; and WIILHEAS, "aesthetic, scientific, educational and ecological values," "natural, scenic i111d open condition," and and "natural values11 as used herein shall, without limiting the genera 1 ity of the tenns, mean the condition of the Protected Property at the ti111e of this grant, as evidenced by a Natural Resource Inventory Report including hotographs, maps, sur. _ v~!'_~_scientific documentation, flora and fauna inventories .i11d li1nd use history, said 11R~port11 to be completed by the Grantor and delivered to the Grantee within one year of the conveyance hereunder; r-1111-1, lll[lffFOHE, the fJrontor for and in consideration of the facts above-recited and "t the covl!flt.lllts herein cont i ned and as an ahso 1 ute and uncondi ti ona 1 gift~ does l11• n • hy ~rant, convey and release unto the Grantee, its successors and assigns, forever, a Conser:-vation Casement in perpetu.ity over the Protected Property consisting -

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t,I LIil' lol lowinc no removal, destruction or cutting of trees, or plants, planting of trees or plants, spraying with pesticides, insecticides or herbicides, no fanning or tilling or grazing of livestock or disturbance or change in the natural habitat in any 111anncr; 4. There shall be no dumping of ashes, trash, garbage, or 2 I . i

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.111d :mch other structure. consistant with the plans and programs out I i.11cd umfor the "PH0P0SAL" referenced under Paragraph C (1) L,~low. such as land fill or dredging spoils; . , .... • •,• . .:,; . . ' 5. There shall no~ be conducted any activity on nor any use which damages fish or wildlife, or their habitats, or which alters existing drainage patterns, flood plains or wetlands or results in erosion, siltation or other forms of water pollution. b. There shall be no operation of power boats, dunebuggies, I . "~torcycles, all-terrain vehicles or other loud, destructive . .. ; or offen .s1 ve ' recrea ti ona l' vehicles,. or any' other types ' of'.,_',t:!..A1t--., it.i \'tt;;_i~~~ r:11.tY.I.-• t ,~ ..,,f-• : ,\~'? motorized vehicles; 1:.•)There-'<:~ti-a11 be~no. huntf ng or .. trapping \ except keep the animal populations within the numbers consistent with the ecological balance of the area. '\., ' TO HAVE AND TO HOLD the Conservation Easement unto the <,rantee and its successors and assigns, forever. NrvrnTIIELESS. and' not withs tan ding any of the foregoing provi s i ans to the contrary, the Conservation Easement granted hereunder and the covenants heretofore made ~re! : • . !f:;t subject to the following rights of the Gran tor which are hereby express 1ire~e;-,/~l >~: :;\~,;<::;-,I~. .. r. liy till' Gran tor to and for i tse 1 f. its successors and assigns: B. RESERVED RIGHTS AND CONDITIONS. 1. To construct and maintain a visitors' center, caretaker residence, •see and associated parking facilities, along with a roadway for a means of ingress and egress to each I said roadway to be by • ' • • ! . • ; " .. .. . .! • • , :.,, ~~-:..:•" . the most direct practical route and in such a way as to preserve the natura 1 Qnd aes the tic character of the Protected Proper,ty ,.-., . • •. ,. ._ :•. 2. To construct and maintain foot trails, nature trails, paths, board~,alks and roadways, and to improve or relocate any such trails, .•• . . paths, boardwalks and roadways provided, however, that any such construction, use improvement, or relocation be done in a manner that is consistent with sound environmental practices and consistent with the overall preservation and protection-of the natural.scenic,,, and open cqndition of the Protected Property. 3. To trim. cut, remove. use for firewood or otherwise dispose of any trees or vegetation which are materially dfseased, rotten, i : . • • I • . . • • • • • .. • • • • . '.. • • I •• , .• ::, : • . ~!••;•i'i ! \ . ? ' ~i damaged _or fa 11 en. th9 _fh 4 safety p _ r :he~ H~ hu~r. 4 or which i .__ . , . : . -~;/ necessary for the protection or preservation of life or property; 3

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4. To graze livestock on the Protected Property provided that the tenns and conditions of any grazing activity, lease or otherwise, shall be subject to the written approval of the ~rijnt~e. said. ~ppro~~l not to be unreasonably withheld; ' 5. To operate motor vehicles, including 4-wheel drive vehicles, ... .,.rovided thi1t said operation of vehicles is restricted to the roadways ... . . . , . . and in a manner which is consistent with the overall preservation and p\otection of the natural, scenic and open conditiqn of the Protected . u;. ; d j Property. 6. To conduct scientific and educational research and to make scientific and educational observations and studie$. provideq ~hat such rese~rc;:h,1 , . • . ,\ . . , .. ::,, . observation and studies will be done in a manner th~t• i s co~;1,te~t:~:.;:7,;':ij;!;~~;W] the overall preservation and protection of the natural, scenic and open condition of the Protected Prai:t.erty, .. 7. To conduct burnings, provided -that such burnings are to simulate : ;, ,..,, . '1 , . ... ... ... '.•.;t:• ,.' 1 : ~ ~ , , \. natural conditions and are conducted in a fashion that is consistent with . maintaining the eco1ogical balance and preservfog the'p lant• and~~l;~:Jf':t~,:j•art1'i animal life of the Protected Property. 0. To construct ponds within the modified wet prairies to provide ddditional habitat for the endangered and threatened native bird secies, provided thJt said construction is consistent with sound environmental practices and consistent with the overall preservation d1HJ protection of tlu: natu r al 5cenic and open condition of the Protected Property. . , "'. c. SPECl~J. PROVISIONS. NOt'#ith~t~nding any of the''RESERV.EO RIGHTS AND, . . CO_ ~ITl!~_S'.'above, any activity inconsistent with the'tOVENANTS ANO PROHIBITED /\CTIVITIES"listed above ar e prohibited unless the following conditions are satisfied: . : • • .4:, t l. The activity must be consistent with and in accordance with the plans dnd programs out 1 i ned under "PROPOSAL TO THE GOO DH I LL FOUNDATION FOR ' THE ACQUISITION AND DEVELOPMENT OF THE KISSIMMEE PRAIRIE AS A SANCTUARY /\NU NATURE CtNTER," submitted by tile National Audubon Society July 12, 1980 , s a i d p ropos a 1 ( 1>1:-ta clie d h• ""to as .. .[x h; t,-;-t--"so/ and i nc o rpo rated . herein by reference. 2. No u~c nor activity inconsistent with the above"COVENANTS AND PROHIBITED -~, t ~•:1. }:Y~ ~C~TIES"shall be pennitted if it would be r1etrimental to the natural 4

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.... . values of the Protected Property, said natural values to include natural wet prairies, modified wet prairies, fresh water marsh~ palmetto prairies, tree ha11111ocks, and habitat and population of native plants and anima 1 s found on the Protected Property. Any use or activity which ... , : ,\ t =-~. .;it ~ .. !=-(~-#; . , : ,: ... . • . : • ! ::~.~~ , ,: .it~~ f ,,: , : .. , .. -"'J would result in deterioration of the levels of the "natural values" ' ' t ' , • • ~ . . , , ; ; . . . . . • on the Protected Property, as determined by the Natural Resources Inventory Report referenced above, shall be deemed to be detrimental .. ,( : . : • • _,:.:-..-1 ,•.~ . 'f . : : : .~ i • I , to said natural values. •;. • • !-:,t'l1't, ~ , ... . . ;-3. The above referenced Natural Resources Inventory Report must be approved in writing by the Grantee, said approval not to be ~nreasonabl~ , • :-. . • ' • •.. • . • ,.Ii 3: :~ 1 , ' 1 , . . . . . , . ..... . f .. \. " 1.,-. . • .-.. ,.~ ... ,. ••I withheld. 4. Any changes or any activities currently contemplated under the ubove-referenced"PR0l'0SAL "must be approved in writing by the Grantee prior to implementation, ~aid approval not to be unre~s . onabl _.Y _ withheld. ANO Grdntor does further covenant and rep~sent as follows: first: The Gra11tor, its successor and assigns,. agree tp p~J. !~ r.~~1 eHate_ taxes or assessments levied by competent authorities on the Protected Property ..i11u to rel icve tile Grantee from responsibilit,y for maintaining _ Protected . . . . t, ,.., ..... ;. . . .... ~,. • , : ' '•!• t ... , .. , ... "• • • . . Property. . . II .,, . , .. ., .... Second: The Granter agrees ~h~t the terms, an_ d condition~, r~sirifti_Q~S . ij~ uq.>oses of this yrant will be inserted by it in any subseq~ent ~ee .. d or other legal instruments by which the ~rant~~ di~est~ itself of ~;;he~ ;~ ' ~ , i = ;~ / ; ; ;Ple: : .,; ~L<~.'::i[Uf title or to its possessory interest in the Protected Property. Third : The covenants agreed to and the terms, conditions, restrictions , . ~ ,. . ,, , . .... t111d urposes imposed with this grant sha 11 not only be binding upon the Grun tor,. b~ ~ . a.1 so upon it~ _a9~~~s, r~prese~ta _ve, ~, ~~. : -~.s.l~;,;._,~~~J<>~~R~~~ ! \ ,.-,o~• , , ,. , , ~ .. ,,;," -~ J11d all other successors to it in interest and shall continue as a servitude ru11n i ny in perpetuity with the Protected Property. LA~ct as expr~ssly limited herein, the Granter res~rves for itself, its \ . . ..... ,, : . sur.cessors and assigns, all rights as owner of the Protected Property, including the right to use the property for all purposes not inconsistent -\ 1 1 th th i s g rant . IM w I rnrs s HHEREOF, the Grantor has set its hand and sea 1 the day and year fi rs t .. ir; 1.lliove written. THE NATIONAL AUDUBON SOCIETY, INC. 5

PAGE 20

STATE OF FLORIDA OOUN'l'Y 01' ~ECHOBEE . " '••,-,,~j~! ~j;~, ... ,ill;,~ , "' I ~ -I~ I / 1 1 • ~•I'\'" , ••-t•v. :-, . j .t.! , ••--;t:i;)':,, .. ~-• <-',1'.N,ff;h~J-;.1,ll~j-•f'.\.,fi:..if1U~~i1~j.:W:,~~-~~~I I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take ctckuowledgmunts, personally appeared GOMER E. JONES, well known to me tobe:--: 't)\e Senior Pireaident: of ll'IIB NATIOMAL AUJ)QiQlll iOCii'J:l. ,~Qi{~ .. ~H,,::,-r.,w,4\~?~i, : • I ' and that he severally acknowledged executing the foregoing Conser.-vation Easement freely and voluntarily under authority duly vested in him by said corporarion and that the true seal of said corpar&tion-ia aft4&d th .,~at1;o, :1 i .. ; , _ ,.1 ' ;i,•.;.. / ; : . , :,•,.-1~ :,. . • /~;i•!fl':;, . . . ' :ij.,ui:~~,f~i.;j Wl'l'Nl::S!:i my hand and official seal in tjle County and State last aforesaid thia lit day . a~. ~u~at, lQ80,• \ . . i\'lii~~~r\•~-~11},.,:!.~,\, 1 :,!ilir_,.,~•..~-hi.~,,,!'+,. ::{1~

PAGE 21

. ... . , . l•!XHIHfT 1'A11 , , .. i: .•.. ; , . .. . ,,: , . , •.. ", .• \. • \ . • • • . ,.-',. ,,i • ' • •,-+• ., ,,, :-r .. , ... ' t-~:~ • • • ~ •.•,1 • , l \, • • ~4• t ,. ": ;~-; ~ 1 ; , , l ~ ,' 1 : = l.->,,•ir.-:1,,: .... 111-..,..i.-.. Mt ;p.11. ~ . } .,...•h • . : • . , .,, I ....... ,,,q:M \ ' 1 ";:li.~AW-c.il.;;~.~~~.~,,,; \ '""":'f.lli. ~-'f.4 /\NU .•,,~ ... • •••:~ ,-.. . , .. , . , :'#•'} 1'"•' ' ; •,. '; ~.,,,orak :-!4, ~~!i and . tr. ' TownHhip :t:t South. Range :u .i-;aat , ) \ 1 ,, ! ••'(4 •••., I ' • , . • ,/,., , I : •., , \,••, , . t '-" • • 'l: . t\ l;u: • • h • ;M N J • I.•• ' .. . ,• : . ' ' ... , :;' .' .' ' ' ' ' ' , , 1., ' ; ,:. : . ' '.'. : , , • . :.,,. .. :.'!'.• ' ''. ' ' of!' • .......... tfl• ~,.,~~•;,1. ~~!~ ..... ... ~~"ll+• ~ •l..•il'~~~~~-~ .... tt.i;,-,--.. I ..... ~ . t ~ • .•ri' • • .. . . -:,'1 ~ . . , : • . . . . i.. ' .. ~:: ... ,•,1-r-~=--~ . . . . . , . . . , , . . J,. '.If' • . , '' . 1 I

PAGE 22

APPENDIX B Aerial Photo of Kissimmee Prairie Four aerials are required to account for the total area of the Kissimmee Prairie Sanctuary property (minus the northern half of section 1). These are: # PD-3439, sheet 68 (includes sections 19 and 20, T 33S, R 34E) # PD-3439, sheet 54 (includes section 24, T 33S, R 33E) # PD-3439, sheet 69 (sections 29, 30, 31, and 32, T 33S, R 34E) # PD-3439, sheet 55 (includes sections 25 and 36, T 33S, R 33E) Scale: 1 inch= 400 feet Photos are on file in the Florida Field Office of The Nature Conservancy, or may be ordered from the Land Appraise! Office of the Okeechobee County Courthouse, Okeechobee, Florida.

PAGE 23

APPENDIX C Photostations Map of the Kissimmee Prairie

PAGE 24

PHOTOSTATIONS MAP --' ' ...... ,' ~\ ' {, ~,,4 _.,"'1 :, ..... ,,,,~ ... ,,,~ :: .. ,,,. ... ," .:: , \\ .. ... -.. .. --~ d, ke or \evee unil1\yrove.~ toaJ-tra.il Scale: 1.5 inches= 1 mile 1 N < Indicates photostation position and camera field of view. Numbers refer to photographs described in the Photographic Data Sheet (Appendix D).

PAGE 25

APPENDIX D Photographic Data Sheet All photographs were taken December 7, 1988, using a Nikon FM camera and Kodachrome 64 film. Photo numbers refer to positions on Photostations Map (Appendix C).* Photo # 1 2 3 4 5 6 7 8 9 10 Description/Subject Vegetative destruction attributable to hog rooting. Along edge of hammock and wet prairie. Small cabbage palm hammock. Note the charred tree trunks indicative of site's fire history. Groundwater well and rain gauge at southern entrance to Sanctuary. Cross-fence line through dry prairie. Old feeder adjacent to section line (cross-fence). Wet prairie. Dry prairie. Note marsh in background. Old farm field. Note aquatic vegetation growing in ditch bordering dike (foreground). Wet prairie, and two large hammocks in background. Freshwater marsh. * Photographer: Eugene M. Kelly, Research Intern for the Florida Chapter of The Nature Conservancy, 1353 Palmetto Ave., Winter Park, FL, 32789

PAGE 26

APPENDIX E Slides of Kissimmee Prairie

PAGE 27

APPENDIX F Ecological and Man-made Features Map


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