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City must keep its word and honor conservation easement

By Staff | Sep 28, 2023

To the editor:

Response to Redfish Pointe article that the development would have “minimal impact.”

Where to start. Where to start. Let’s start with the fact that the city of Cape Coral was given the land and entered into a contract that is the Conservation Easement from the State of Florida on a parcel given to the city by Rotary International in 1991. In that easement, and directly in line with Florida Statute Chapter 704-Section 06, it SPECIFICALLY prohibits the following and I quote:

Construction or placing of buildings, roads, signs… or other structures in or above the ground

Dumping or placing of soil or other substances or surface material as landfill…

Removal or destruction of trees, shrubs or other vegetation

Excavation, dredging or removal of loam, peat…

Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition

Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation or fish and wildlife habitat preservation

These legally binding requirements in the Conservation Easement should stop any access to Redfish Pointe through Rose Garden.

And the ridiculous assertion that “the entry though Rose Garden would not impact traffic greatly” is nonsense. If that is true, perhaps Ms. Barbaccia could explain why their plan calls for Pelican Boulevard to be expanded to four lanes (which would take away the bicycle lane just put in a few short years ago and widely used by the neighborhood) and why their plans call for Cape Coral Parkway to be expanded to eight lanes from Pelican Boulevard to Coronado and six lanes to the bridge if traffic would not be greatly impacted.

And who do you think is going to pay for that road expansion? The developers? No, that will be forced on Cape Coral taxpayers one way or another so many wealthy people can live in their new resort that destroyed the ONE property in Cape Coral that could be a REAL tourist “destination,” the pristine example of South Florida wetlands that is Redfish Pointe.

What wasn’t stated in the article is that the entire Pelican neighborhood and the wildlife in Redfish Pointe will have our lives totally disrupted with 3-5 years of heavy construction — the noise, the commercial traffic the dust and dirt associated with it. Three to five years of construction noise, dirt and dust will drive the wildlife away. But they don’t want you to know that. They want that and I see no way the wetlands will not be forever devastated. Wetlands will be damaged and filled in; it is what developers do. And once that is done, the land is forever ruined and replaced with concrete. And how they think putting in a massive marina will not detrimentally impact the environment and the wetlands there defies logic. The answer is, they don’t care about the environment. They only care about lining their pockets with millions at the expense of the pristine environment that is Redfish Pointe.

The entire dissertation on how this will not impact us is based on speculation after the development is completed. They neglected to inform us of the devastation to the wildlife and the peace and tranquility of our neighborhood during the 3-5 year building process where they stand to make millions off the suffering and devastation of wildlife and wetlands and adjacent property owners.

This proposed development will not benefit the people of Cape Coral. It will benefit the wealthy. If our city council agrees with this assault on the lives of some 3,500 families, they will be responsible for giving the city of Cape Coral the reputation of going back on its word and not honoring their contractual obligation –upholding the requirements of the Conservation Easement. At that point Cape Coral will become a city no one can trust to do the right thing –only an entity that will add anything (regardless of whether taxpayers want it or not) to add to their tax revenues for them to spend foolishly.

From the Conservation Easement, and this is succinct as it gets, “The Conservation Easement hereby granted and the obligation to retain and maintain the land forever predominantly in the vegetative and hydrological condition as herein specified shall run with the land and shall be binding on the Grantor and successors and assigns, shall inure to the benefit or the Grantee and its accessors and assigns.”

Marie Kavanaugh

Cape Coral