The Landings, Sarasota, FL 34231
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Photographed Saturday, March 30, 2013 in the Eagle's Nest Area.
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 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:
HERE FOR HISTORY
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:
. . .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.
Copyright 2013 The Landings Eagle