Eagles Nest Area Dispute and Litigation Settled
Landings Management Association issued this statement
January 17, 2012:
“The LMA Board is pleased to announce that the
litigation related to the Eagles Nest Area has ended.
Both parties to the suit have approved a settlement
agreement that will become part of a court order
terminating the lawsuit.
The agreement clarifies that the ENA is a common
area of The Landings and establishes guidelines for its
use that will be in place for the next eight years.
The agreement provides for the ENA to be open to
pedestrians during daylight hours and allows the
completion of the horticultural plan and installation of
a circular path as proposed in the Master Plan adopted
by the Board in May 2010.
Access to the Eagles Nest Area will be available to all
residents during daylight hours with certain limitations
such as designated areas for walking, no motorized
vehicles, unleashed pets, or bicycles
LMA will take reasonable measures to maintain the ENA in a
manner recommended by governmental authorities.
We express our appreciation to those on both sides of this
issue who worked long and hard to arrive at this
positive conclusion.”
The Following statement was issued by the
Homeowners adjacent to the ENA,
who were the plantiffs in the case:
The homeowners, who live
adjacent to the Eagle’s Nest Area are very pleased to
announce a settlement with the LMA on how the Eagle’s
Nest Area will be used by Landings residents in the
future.
Landings residents will be able to enter the
Eagles Nest Area from Landings Boulevard and will enjoy
walking the circular path between 7:00 AM and dusk. Dogs
on leashes will be welcome.
There will be an observation area, with benches,
to observe the eagle’s nest, and hopefully the eagles.
Landings residents will enjoy the
natural Florida environment with native trees, shrubs,
flowers, and bushes.
The outcome of this legal process is that all
Landings residents will benefit from this agreement; the
natural environment will be preserved, and there is
accommodation to the concerns of the adjacent
homeowners.
The full text of the provisions
portion of the agreement
follow:
EXHIBIT “A” TO SETTLEMENT AGREEMENT
1. No man-made
structures shall be built or erected anywhere within the
ENA except as specifically permitted hereunder.
2. A single access
point to the ENA shall be located at or near the
midpoint between lots 187 and 188. From that point, a
pedestrian pathway not more than 5 feet in width may be
constructed in a substantially direct line to a roughly
circular path no wider than 5 ft. in width which shall
be located no nearer than 100 ft. from any point on the
rear lot lines of any of the properties surrounding the
ENA. Benches shall not be placed along the pathway or
anywhere else within the ENA (except for the permitted
benches on the observation platform as provided below).
No trash receptacles shall be placed within the
ENA other than one just outside the entry gate between
lots 187 and 188.
3. LMA may construct
a covered observation platform within the ENA, subject
to the following:
A) the observation
platform shall not exceed a total of 225 square feet of
floor area
B) the floor of the
observation platform shall be no more than 1 foot above
ground
C) the roof shall not
overhang the floor area and shall not have any roof
access provided.
D) The walls of the
observation platform shall remain open except for
necessary roof supports
E) no more than two
seating benches may be located on the
platform
F) the observation
platform shall not be used for storage
4. Bicycles and
motorized vehicles, except for maintenance and security
vehicles, shall be prohibited within the ENA.
5. Dogs may be
allowed in the ENA, but shall be required to be leashed
at all times and owners shall be required to clean up
dog droppings.
6. LMA shall provide
a fence on its entrance property and a gate adequate to
permit maintenance and security vehicles to enter the
ENA. The gate shall be kept locked by LMA Security
between dusk and 7am, and access to the ENA shall be
prohibited between those hours.
LMA shall be responsible for the enforcement of
the restrictions set forth in this agreement in the same
manner and to the same extent that LMA is required to do
so for other common areas within The Landings pursuant
to the Declaration of Covenants and Restrictions.
7. LMA agrees to take
reasonable measures to protect the ENA in the manner
recommended by the National Bald Eagle Management
Guidelines, as well as any federal, state or county
regulations that may be applicable from time to time.
8. No recreational
facilities, playground equipment, or athletic fields
shall be constructed in the ENA.
9. The horticultural
plan approved in the Master Plan dated July 31, 2008 may
be implemented and maintained as necessary at the
discretion of the LMA Board.
All grounds maintenance shall be the
responsibility of LMA.
There shall be no material changes to the
horticultural plan approved in the Master Plan.
10. All trees and
other vegetation determined to be invasive by the State
of Florida may be removed.
11. Appropriate
signage shall be placed at the entrance to the ENA to
specify the opening and closing times, that no bicycles
or motorized vehicles are permitted and that pets must
be on a leash.
12. The parties agree
that the ENA is a common area subject to the Amended and
Restated Declaration of Covenants and Restrictions on
the Commons for the Landings "(Covenants"), as amended
from time to time. To the extent, however, that the
Covenants conflict with any of the terms set forth in
this Agreement, the provisions of this Agreement shall
control during its prescribed period.
13.
It is understood and agreed that all provisions
of this Agreement are subject to change provided the
effective date of any change must be no earlier than
eight years from the Effective Date of the Agreement .
For this purpose, the Effective Date shall be the date
when the last party signs a counterpart to the
Agreement. Any changes to the Agreement must be made in
the same manner following the same procedure as required
for amendments to the Declaration of Covenants and
Restrictions subject to applicable law.
14. The terms and
conditions set forth in this Agreement shall be
incorporated into a stipulated final judgment to be
entered by the court in the pending litigation and shall
be binding on all parties and their heirs, successors
and assigns for the agreed upon eight year term of this
Agreement and thereafter until changed in the manner
provided in paragraph 13 above.
Each party shall bear their own attorney fees and
costs. All parties irrevocably waive any right to seek
rehearing or appeal the final judgment.
History of this
litigation moved to special page:
CLICK
HERE FOR HISTORY
Revised LMA Documents
LMA
Covenants, Articles of Incorporation and By-Laws as
filed with Sarasota County April 20, 2010 have been
posted. NOTE: There are three versions
available - The original as provided by LMA Counsel, a
searchable version created by The Eagle and an
earlier draft showing each change from the previous
documents. They are all in PDF format. The page can be
reached with the button to the right or below:
Decal Request Forms - along with
other forms necessary for Landings Residents can be
downloaded after clicking on the button to the right
Eagles Spotted
. . .in Eagles' Nest Area Dec 26, 2008, one year and a day
from when they were first spotted.
Dave Bewley, Kestral Parkway
South, spotted the eagles for the first time in 2007.
He invited The Landings Eagle over for for a
great photo op!
They were near the nest built last year,
presumably by the same pair, raising hopes they may
return to raise a family. ,
A couple pictures below.
Follow Eagle Spottings in each issue of
The Eagle
