BOARD OF COUNTY COMMISSIONERS LEON COUNTY, FLORIDA

Title: Acceptance of Declaration of Covenants and Restrictions Associated with the New
Cypress Landing Improvements Project
September 11, 2012
Page 2
Report and Discussion
Background:
This item requests Board approval and acceptance of a Declaration of Covenants and
Restrictions consistent with the requirements and conditions of the Environmental Management
Permit (Attachment #1). The Declaration of Covenants and Restrictions is associated with the
New Cypress Landing Improvements Project.
As a County project on County-owned property, the County Attorney’s Office has recommended
a Declaration of Covenants and Restrictions, rather than a Conservation Easement.
The area encumbered by the Declaration of Covenants and Restrictions is preserving natural
areas consistent with Section 10-4.202 of the Land Development Code. The Declaration of
Covenants and Restrictions is required as part of the New Cypress Landing Improvements Type
“A” Site and Development Plan review process. The site is located in northeastern Leon County
at the terminus of Rococo Road (Attachment #2). The encumbered area consists of floodplain,
significant slope, wetland, and natural areas totaling 3.51 +/- acres within the 9.63-acre project
site.
Analysis:
The proposed Declaration of Covenants and Restrictions places the landowner and all other
subsequent landowners on legal notice that development is prohibited in the protected areas.
Acceptance of the Declaration of Covenants and Restrictions will require County approval and
the proposed Declaration of Covenants and Restrictions do not create any new or additional
County maintenance responsibility for the encountered area. Leon County will protect the land
as appropriate under conditions of the proposed.
The proposed Declaration of Covenants and Restrictions also accounts for and recognizes the
area defined in the Lease Agreement with the Tallahassee Astronomical Society (TAS) for the
purpose of constructing, operating, and maintaining an astronomical observation site at the Park.
Options:
1. Approve and accept for recording the Declaration of Covenants and Restrictions for the New
Cypress Landing Improvements project.
2. Do not approve and do not accept for recording the Declaration of Covenants and
Restrictions for the New Cypress Landing Improvements project.
3. Board direction.
Recommendation:
Option #1.
Attachments:
1. Declaration of Covenants and Restrictions for the New Cypress Landing property
2. Specific Location Map for the New Cypress landing property
VSL/TP/LD/SGS/ld
Page 65 of 282 Posted at 5:00 p.m. on August 31, 2012