Agenda 09/27/2016 Item #10A 10.A
09/27/2016
EXECUTIVE SUMMARY
Direct County Attorney to use any necessary legal recourse to enforce the Board of County
Commissioner's 2003 agreement with the South Florida Water Management District mandating all
roads in the Picayune Strand State Forest are to remain open for free public access to the preserve
and to authorize the Board Chairman to submit a letter of explanation to the Governor on the
SFWM District's refusal to maintain the Picayune roadways.
OBJECTIVE: To ensure the Picayune Strand State Forest roadways remain open to the public as
outlined in a 2003 legal agreement between the South Florida Water Management District and Collier
County and to notify the Governor how the roadways have been submerged under water with the re-
flooding of the area.
CONSIDERATION: On September 24, 2003, the Board of County Commissioners approved an
agreement between the Board of Trustees of the Internal Improvement Trust Fund, South Florida Water
Management District and Collier County to vacate certain rights of way within the Southern Golden Gate
Estates and adjacent state-owned lands. The Board approved this agreement 4/1. In the agreement
conditions were outlines for restoring natural surface water flow in the Southern Golden Gate Estates
including the Picayune Strand State Forest as part of the Everglades Restoration project.
The executive summary read, "The State of Florida in conjunction with the South Florida Water
Management District has agreed to a number of conditions in the event these roads are vacated, most
importantly of which is the continued maintenance of a number of these roadways to as to provide
historical access to all property owners who might be affected. Another condition agreed to by the State
and SFWMD provides for continued access and maintenance of all FPL, Sprint, and Lee County Electric
facilities currently located within these road rights of way." (See Agenda Item 8-I-9-23-030000.pdf in
backup)
The agreement is a binding agreement and SFWMD has notified the County it does not intend on
maintaining the roadways as outlined in the 2003 agreement. Therefore, it is necessary for the Board of
County Commissioners to notify the Governor of the roadways issues caused by the Everglades
Restoration Project in the Picayune Strand State Forest and to seek legal recourse against SFWMD to
ensure the flooded roadways are maintained and remain open to the public as previously agreed upon.
FISCAL IMPACT:
GROWTH MANAGEMENT IMPACT:
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: Direct County Attorney to use any necessary legal recourse to enforce the
Board of County Commissioner's 2003 agreement with the South Florida Water Management District
mandating all roads in the Picayune Strand are to remain open for free public access to the preserve and to
authorize the Board Chairman to submit a letter of explanation to the Governor on the SFWM District's
refusal to maintain the Picayune roadways.
PREPARED BY: Commissioner Tom Henning
I Packet Pa. 24
10.A
09/27/2016
ATTACHMENT(S)
1. Agenda Item 8-I- 9-23-030000 (PDF)
2.Agenda Item 10-K-9-23-030000 (PDF)
3.Documents 0923-242003 R (PDF)
I Packet Pg. 25 I
10.A
09/27/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.A
Item Summary: Direct County Attorney to use any necessary legal recourse to enforce the Board
of County Commissioner's 2003 agreement with the South Florida Water Management District
mandating all roads in the Picayune Strand State Forest are to remain open for free public access to the
preserve and to authorize the Board Chairman to submit a letter of explanation to the Governor on
SFWMD refusal to maintain the Picayune roadways.
Meeting Date: 09/27/2016
Prepared by:
Title: Executive Coordinator to Commissioner—Board of County Commissioners
Name: Camden Smith
09/19/2016 11:17 AM
Submitted by:
Title: Commissioner District 3 —Board of County Commissioners
Name: Torn Henning
09/19/2016 11:17 AM
Approved By:
Review:
Administrative Services Department Michael Cox Level 1 Sim. Reviewer 1-8 Completed 09/19/2016 11:37 AM
County Attorneys Office Jeffrey A.Klatzkow Level 2 Attorney Review Completed 09/19/2016 1:32 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 09/19/2016 1:33 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/19/2016 2:18 PM
Budget and Management Office Ed Finn Level 3 OMB 1st Reviewer 1-4 Completed 09/20/2016 10:03 AM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 09/20/2016 2:04 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/27/2016 9:00 AM
I Packet Pa. 26
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AV ROW2003AR4719
EXECUTIVE SUMMARY
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PETITION BY THE STATE OF FLORIDA, BY:AND THROUGH THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN
THE PLATTED ROAD RIGHTS OF WAY IN THE SOUTHERN GOLDEN GATE
ESTATES, DEDICATED TO THE COUNTY BY THE PLATS OF GOLDEN GATE °
ESTATES, UNITS 98, 98A, 99, 99A, 100, 100A, 101 THROUGH 113, 113A, 114, (1'
114A, 118, 119, 121, 123, 123A, 124, 127, 130, 131, 134, 135, 136, 137, 140
THROUGH 167, 171 AND 172, (LOCATED IN TOWNSHIPS 50 & 51 SOUTH,
RANGES 27 &28 EAST)AND TO DISCLAIM, RENOUNCE AND VACATE A 1.12 a�
MILE OF ROAD RIGHT-OF-WAY KNOWN AS MILLER BOULEVARD a)
EXTENSION LOCATED IN SECTIONS 25 AND 36, TOWNSHIP 51 SOUTH,
RANGE 27 EAST AND TO DISCLAIM, RENOUNCE AND VACATE THAT
PORTION OF A ROAD RIGHT-OF-WAY KNOWN AS JANES SCENIC DRIVE
DESCRIBED IN OFFICIAL RECORDS BOOK 76, PAGE 394, LYING NORTHERLY
OF THE SOUTH LINE OF THE NORTH 150 FEET OF THE SOUTH 660 OF THE
SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 52 SOUTH, RANGE 29
EAST.
OBJECTIVE: To adopt a Resolution to disclaim, renounce and vacate the platted road rights of way w
located in the southern Golden Gate Estates, Miller Boulevard Extension and a portion of Janes Scenic
Drive.
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CONSIDERATIONS: Petition AVROW2003-AR4719 has been received from the State of Florida, 6
by and through the Florida Department of Environmental Protection, requesting the vacation of those FL'
road rights of way described in composite Exhibit A attached hereto. The State is requesting the o
vacation in furtherance of its efforts to restore the natural surface water flow in the southern Golden N
Gate Estates as part of the Everglades Restoration project. co
The State of Florida in conjunction with the South Florida Water Management District has agreed to a o
number of conditions in the event these roads are vacated, most importantly of which is the continued
maintenance of a number of these roadways so as to provide historical access to all property owners o
who might be affected. Another condition agreed to by the State and SFWMD provides for continued N
access and maintenance of all FPL, Sprint and Lee County Electric facilities currently located within a)
these road rights of way. The specific terms of this proposal are contained in an agreement included in
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the petition package and attached hereto.
A list of property owners in the area of the rights of way requested to be vacated and a copy of the
assessment maps may be examined in the Engineering Services Department at Community
Development and Environmental Services.
Letters of No Objection and (if submitted) Letters of Objection will be available for examination at the .
Public Hearing.
AGI ITE
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AVROW2003-AR4719
• FISCAL IMPACT: Petitioner has requested a waiver of the $1,000 `Petition to Vacate" fee. If the o
waiver is approved, the cost to the County is $1,000.
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan L
associated with this Executive Summary. 2
ENGINEERING SERVICES STAFF RECOMMENDATION:
Recommendation that the Board of County Commissioners:
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1. Adopt the Resolution for Petition for the vacation of the Road Rights of Way for the southern
Golden Gate Estates, Miller Boulevard Extension and a part of Janes Scenic Drive as described in
Composite Exhibit A; and
2. Approve requested waiver of petition filing fee of$1,000, and in doing so deem that such a request
is within the public good and authorize the transfer of funds from the General Fund (001) to the
Development Services Fund (113) for payment of the assessed fees; and
3. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to
record a certified copy of the Resolution in the Official Records; and
4. Request the Clerk to the Board to make appropriate marginal notes on the recorded plats.
PREPARED BY: 17—../G✓ =- , /4• DATE: q-t fs-03
Rick Grigg, P.S.M. o
Engineering Services
REVIEWED BY: ,Cj /.vL.,. ..;:r /. r.._ _ DATE: /F _t r o
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prc Thomas E. Kuck,•"F.E.,
Engineering Services Director
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APPROVED BY: DATE: q/l6
ro ph K. Schmitt, Administrator co
C. unity Development & Environmental Services cp
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J. This item to be heard after IOE and 9B. Approval of Resolution
authorizing the Issuance of Capital Improvement and Refunding Half-Cent
Sales Tax Revenue Bonds Series 2003 in an not to exceed amount of
$51,000,000. (Mike Smykowski, Director, Office of Management and
Budget)
` Resolution 2003-334 Adopted - 5/0
--, K. This item to be heard at 5:00 p.m., 9/24/03 and is a companion
to °
Item_81. Approve agreement between the Board of Trustees of the Internal
IC) -1* Improvement Trust Fund, South Florida Water Management District and °
Collier County contingent on the Board's approval of Florida Department of
Environmental Protection's Petition to vacate certain rights of way within
the Southern Golden Gate Estates and adjacent state-owned lands. �.
Approved-411 (Commissioner Coletta opposed) 03
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Added
L. Recommendation to waive formal competitive process and approve a
contract with 3001 (The Spatial Data Company) as a single source vendor
for ground survey and LIDAR analysis survey work in the amount of o
$49,425 to satisfy a FEMA requirement for certification of existing LIDAR
topography of Collier County. (Staff request.)
Approved 4/0 (Commissioner Coyle out)
Moved from Item #16E4
M.
Report and ratify staff-approved administrative changes to work orders.
Discussed w/Item #9E to determine better review, legal requirements, L
processing, liability, and more documentation to determine reasons for °
the changes to be made and by what staff personel. County Manager to
follow-up with suggestions for a better process. CO's are brought to the
board if the amount is 10% over the amount on work order and staff
authorizes amounts under 10% (w/monthly report submitted to BCC). o
Each change order should have a review process for the scope of work
and if the design engineer and/or contractor is in error in their
responsibility/determinations.
Approved - 5/0 0
Moved from Item#16A1
N. Approve the transfer of $75,000 from the Current Planning section FY03
budget to Comprehensive Planning Section FY03 budget to restore funds
previously transferred to fund the Vanderbilt Beach RT Overlay Study.
Approved-5/0; Staff to bring back policy on a future agenda.
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September 23-24,2003
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EXECUTIVE SUMMARY
APPROVE AGREEMENT BETWEEN THE BOARD OF TRUSTEES OF
THE INTERNAL IMPROVEMENT TRUST FUND, SOUTH FLORIDA m
• WATER MANAGEMENT DISTRICT AND COLLIER COUNTY -CCD
CONTINGENT ON THE BOARD'S APPROVAL OF FLORIDA d
DEPARTMENT OF ENVIRONMENTAL PROTECTION'S PETITION TO
VACATE CERTAIN RIGHTS OF WAY WTIHIN THE SOUTHERN a
GOLDEN GATE ESTATES SAND ADJACENT STATE-OWNED LANDS. o
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OBJECTIVE: To approve the Agreement between the Board of Trustees of the Internal o
Improvement Trust Fund, the South Florida Water Management District, and Collier County
contingent upon the Board's approval of the Department of Environmental Protection's petition
to vacate, renounce and disclaim certain rights of way within the southern Golden Gate Estates _a
and adjacent State-owned lands.
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CONSIDERATIONS: The South Florida Water Management District (District) and the State
of Florida (State) have acquired a huge portion of land located within an area commonly known
as the Southern Golden Gate Estates (SGGE) as part of the Everglades Restoration Project. On
May 15, 2003, the State through its Department of Environmental Protection asked the Board of
County Commissioners to vacate the platted roadways within the Southern Golden Gate Estates.
As a result of the State's request, discussions ensued. On July 29, 2003, a Memorandum of
Understanding (MOU) was presented to the Board for its approval. In summary, the MOU a
provided as follows:
(1) the County would hold a public meeting for consideration of the vacation of the
platted roadways in SGGE,Janes Scenic Drive and Miller Boulevard Extension.
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(2) if the County approved the vacation of these rights of way,the District would dedicate
one million dollars of the Big Cypress Basin's (BCB) budget for the maintenance and repair of o
the secondary canal system in Collier County beginning in budget year 2004 and continuing for a
period of twenty years or until the BCB assumed responsibility for the secondary system,
whichever occurred first.
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(3) if the County approved the vacation of these rights of way, State, BCB and/or District
would convey,or cause to be conveyed,to the County 640 contiguous acres of unimproved land o
suitable for recreational uses by October 1, 2005. N
During the July 29 meeting the Board approved the MOU conditioned on certain issues being
addressed or incorporated into the agreement. These issues included maintenance of access for
property owners,recreational use by the general public on State lands and access for emergency
vehicles from the south side of I-75. Following that meeting staff met with District, Basin and
State representatives and negotiated terms to address these issues and prepared a final Agreement
for consideration by the Board. These specific provisions can be found in Paragraphs 8, 9 and
10 of the Agreement which is attached as Exhibit C. In addition,the description for Janes Scenic •
Drive has been modified so that only that portion of Janes lying northerly
boundary of the Harmon Brothers rock pit will be considered. AGEND1 Et
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In the interest of presenting a final document for the Board's consideration, staff has requested F
that both the District and the State approve and execute the Agreement. On September 11, c.
2003, the Agreement, in substantially the form presented today, was approved by the Governing
Board of the District. A copy of the Resolution approving the Agreement and the Agreement
itself are attached hereto as Exhibit A. The BCB, although not empowered to contract under m°
state law, has acknowledged its commitment to the terms of this Agreement by letter and
Resolution. A copy of these documents are attached as Exhibit B. On September 18, 2003, the
State will present the Agreement attached hereto as Exhibit C to the Board of Trustees for their o
approval. Staff anticipates the State's approval and written confirmation of such approval prior
to the Board meeting on this item and the results of that meeting will be reported to the Board.
as
Because the Agreement contemplates the parties entering into the agreement only if the Board
approves the vacation of these rights of way,this item is being presented as a companion item to
the petition to vacate. In the event the Board approves the petition to vacate, disclaim and
renounce the platted roadways in SGGE, the described portion of Janes Scenic Drive and Miller
Boulevard Extension, staff would recommend that the Board approve the attached Agreement
(Exhibit C). N
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FISCAL IMPACT: None. N
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GROWTH MANAGEMENT IMPACT: None.
a,
RECOMMENDATION: That the Board of County Commissioners approve the attached
._. Agreement contingent on the approval of the petition for vacation being presented by the •
Department of Environmental Protection, and authorize its Chairman to execute the Agreement.
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PREPARED BY: 1.,6 �� �Qli4°� Date: q//7-43
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Ellen T. Chadwell
AssistantCounty Attorney L
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APPROVED BY: _�'r• Date: N
Jams V. Mudd,County Manager 1
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REVIEWED BY: 14/11V11-' � �_.C. ��" Date: o
David C. Weigel, County Attorney
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H:\PubliclEllen\Executive SummarylSGGE Agreement.9-16-03
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SIP—t5-2003 ie=49 85D 414 5468 P.O2
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SOUTHFLORIU&WATER MANAGEMENT DISTRICT "a
' RESOLUTION NO. 2003• CIP mom
a)
A RESOLUTION OF THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT TO AUTHORIZE ENTERING INTO A M1MAORANDUM OF
UNDERSTANDING WITH DOLUER COUNTY AND THE STATE OF FLORIDA TRUSTEES OF THE
INTERNAL IMPROVEMENT FUND FOR THE PURPOSE OF FACIUTATING THE VACATION OF a)
:ERTAIN RIGHTS OF WAY WITHIN THE SOUTHERN GOLDEN GATE ESTATES;AGREEING TO o
PROVIDE TO COWER COUNTY, SUBJECT TO ANNUAL APPROPRIATION AND OTHER
CONDITIONS,THE SUM OF 61,000,000 PER YEAR FOR 20 YEARS FOR THE MAINTENANCE OF ;n
THE SECONDARY CANAL SYSTEM IN COLLIER COUNTY;AGREEING TO PROVIDE,SUBJECT
TO CONDITIONS, APPROyIMATELY 640 ACRES OF LAND, THE LOCATION OF WHICH TO BE
DETERMINED,TO COLLIER COUNTY FOR RECREATIONAL USES; PROVIDING AN EFFECTIVE
DATE.(CONTRACT NUMBER OT040600) a)
a)
WHEREAS, the Governing Board of the South Florida Water Management District deems it
necessary, appropriate and in the public interest to authorize entering into a Memorandum of Understanding
with Collier County and the State of Florida Trustees of the Internal Improvement Fund for the purpose of a
facilitating the vacation of certain rights of way within the Southern Golden Gate Estates: agreeing to provide to a
Collier County, subject to annual appropriation and other conditions, the sum of 51.000.000 per year for 20
years for the maintenance of the secondary canal system in Collier County; agreeing to provide. subject to
conditions, approximately 640 acres of land, the location of which to be determined, to Collier County for cc
recreational uses;providing an effective date.(Contract Number 0T040600)and N
WHEREAS. a copy of the cooperative agreement is attached to this resolution and made a part o
thereof,now therefore
BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER c
MANAGEMENT DISTRICT: `o
Section The Governing Board of the South Florida Water Management District hereby authorizes the
execution of the attached cooperative agreement 0T040600 with Collier County.
•
ection This resolution shall take effect immediately upon adoption.
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PASSED and ADOPTED this 11th day of September,2003
SOUTH FLORIDA WATER MANAGEMENT DISTRICT, ;•
BY ITS GOVERNING BOARD
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Chair
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ATTEST: Approved as to form: °'
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8y' Pr\%%1 r •
"ct Clerk Office of Counsel
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AGENDA!TF 5
EXHIBIT NO. _
SEP 2 3 2003
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SEP-15-2003 10:49 D.E.P. 850 414 5468 P.04
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AGREEMENT
BETWEEN m
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THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND,
THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT(BIG CYPRESS BASIN) o
AND o
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COWER COUNTY, FLORIDA
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This AGREEMENT(hereinafter referred to as the"Agreement"), made and
entered into this day of , 2003, by and between the Board of 1C:11)
Trustees of the Internal Improvement Trust Fund (hereinafter"STATE"), the South
Florida Water Management District, (hereinafter referred to as"DISTRICT"), and Collier
County, a political subdivision of the State of Florida, (hereinafter"COUNTY").
WITNESSETH: ca
WHEREAS, DISTRICT and STATE are desirous of acquiring certain land located
in Collier County in an area known as the Southern Golden Gate Estates for wetlands .2
estoration and as part of the Everglades Restoration Project (hereinafter`Project'); and
WHEREAS, COUNTY holds certain right-of-way easements in trust for the public
by virtue of the subdivision plat dedications within this area and has, over a thirty year
period, constructed bridges and improved and maintained these roadways for the
benefit of the public; and o
WHEREAS, COUNTY has expended millions of taxpayer's dollars for these
improvements and for the maintenance of these roadways and has estimated the value
of these easements and the improvements thereupon at approximately 38 million
dollars and depreciated same to 17.5 million dollars; and o
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WHEREAS, DISTRICT and STATE have petitioned the COUNTY to relinquish all o
interest and right it has in these roadways to the State of Florida for purposes of its
project; and o
WHEREAS, COUNTY is desirous of assisting in the Project and has scheduled
and noticed a public hearing for consideration by the Board of County Commissioners of
the vacation of these platted roadways; and E
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WHEREAS, the vacation of these roadways in furtherance of this Project will
enhance the surrounding wetlands and facilitate the preservation of wetlands in the
Southern Golden Gates Estates; and
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Page 1 of 7 AGENDA ITE
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WHEREAS, the Big Cypress Basin, a sub-district of the DISTRICT, (hereinafter
referred to as the 'BCB") supports the DISTRICT and STATE and is committed to 0
meeting the obligations contained herein but is without statutory authority to contract m
independently of the DISTRICT; andC.)
WHEREAS, DISTRICT, BCH, and STATE to the extent it may have an interest in o
lands managed by DISTRICT or BCB and identified for this purpose, are willing to
transfer to COUNTY 640 acres of contiguous unimproved land to be used for Collier
County residents for recreational purposes in exchange for the vacation of these
roadways; and 0
C)
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WHEREAS, DISTRICT, through the budget of the BCB, is willing to dedicate Si
million from the BCB budget to be used for maintenance, repair and operation of the
secondary canal system in Collier County over a period of twenty years, and to continue
the assumption of all responsibility for the operation and maintenance of the secondary
canal system; and C'
a)
WHEREAS, the parties desire to enter into a binding agreement which will provide
for and govern the transfer of property and allocation of funds if the County vacates,
terminates or releases its interest and right in certain roadways located within the
Southern Golden Gate Estates. 0
NOW, THEREFORE, in consideration of the benefits flowing from each to the o
other, STATE, DISTRICT, BCB and COUNTY agree as follows:
1. The above recitals are true and correct and are incorporated herein as a part of =
this Agreement.
2. COUNTY shall, simultaneous with the entry into this Agreement, adopt resolution
vacating all roadways identified in "Exhibit A," attach hereto and incorporated
herein, in accordance with Chapter 335, Florida Statutes. N
CNA3. DISTRICT, through the budget of its Big Cypress Basin, will dedicate one million
dollars of funding annually to the operation, maintenance and repair of the
secondary canal system in Collier County. This allocation of dollars will commence o
in budget year 2004 and continue for a period of twenty(20) years or until such M
time as DISTRICT, through the budget of its Big Cypress Basin, assumes all
responsibility for the operation and maintenance of the secondary canal system,
whichever occurs first. BCB and COUNTY will coordinate with one another and o
agree as to how these funds are spent each year. Notwithstanding the foregoing, E
funding for each applicable fiscal year of this Agreement Is subject to DISTRICT
Governing Board annual budgetary appropriation. In the event the DISTRICT CZ
does not approve funding for any subsequent fiscal year, this portion of the a'
Agreement will terminate. DISTRICT and BCB agree to make every effort to meat
this funding obligation every year, and shall not unreasonably withhold
allocation of this monetary commitment in its annual budget The parties SpA a)
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that this paragraph will constitute a severable portion of this Agreement so that the
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failure of DISTRICT to fulfill this provision will not terminate or release
DISTRICT from other obligations set forth in this Agreement
4. STATE and/or DISTRICT and BCB will convey, at no cost to COUNTY, fee simple o
interest to 640 contiguous acres, more and less, of unimproved land to COUNTY
no later than October 1, 2005. The land shall be suitable for recreational o
purposes, including, but not limited to, recreational ATV use, and must be
acceptable to the COUNTY. The COUNTY agrees not to unreasonably withhold
approval of the land tenders by the STATE and/or DISTRICT.
5. DISTRICT, BCB and STATE acknowledge that the dedication of district doiiars for 7C1
the maintenance and repair of the secondary,canal system in Collier County and °'
for the acquisition of 640 acres of land, as both are contemplated by this
Agreement, are statutorily-authorized expenditures.
6. The COUNTY will release, terminate or disclaim any interest it has in the rights-of-
way
in portions of that roadway known as Jane's Scenic Drive and Miller
Boulevard Extension, more particularly described in Exhibit `B" attached hereto. y
COUNTY agrees to execute any documents deemed necessary by the DISTRICT
to fully releas9 or terminate its interest in these rights-of-way. The County's
release of any interest it hdi in Miller Boulevard Extension and execution of any
related documents shall be contingent upon the agreement of the Board of °
Trustees of the Internal Improvement Trust Fund of the State of Florida and its
agent the Department of Environmental Protection entering into a stipulated
dismissal of the lawsuit styled Collier County v. Sheldon C. Marshall, Jr., et. al.,
Case No. 99-2009-CA-TB, Twentieth Judicial Circuit Court of In and For Collier
County, Florida, pursuant to which each shall bear its
attorney's fees and release the other of any anparty l related claims. own costs and Q
7. The DISTRICT agrees to maintain those roadways contained within the project
area and identified on Exhibit`C", attached hereto, in the following manner. •
(a) All 'primary, all weather roads' (represented by solid line on Exhibit "C") will o
be maintained above-grade and will be open to the traveling public on a 24/7 M
basis.
(b) `Secondary, dry season" roads (represented by a dashed line on Exhibit`C')
will be stabilized at or below grade and will be open to the general public
weather permitting as noticed by the Division of Forestry. For those
landowners of improved property whose only access is via one of these
secondary dry season roads, they will be provided access 24/7.
CD
(c) Notwithstanding the foregoing, DISTRICT agrees that safe and suitable
access will be provided to all ho o ne within the Project Area at all
times. AGENO Et
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B. DISTRICT and/or STATE agree that the general public will be given access for
recreational uses on lands within the Project Area and in the adjoining Picayune
Forest, As part of this commitment the Picayune Strand State Forest Recreation m
Program will provide for dispersed recreational opportunities and will recognize
the following uses as compatible with resource protection and passive recreation:
horseback riding; fishing; off-road bicycling; hiking; primitive camping; some types
of hunting; wildlife viewing and nature study. The Division of Forestry is currently
evaluating the potential of an off-highway vehicle area and a gun range. All uses
must be consistent with the resource management plan, and use best L
management practices (BMPs)to protect the resources. The Collier County
Commissioner of the District in which Picayune Strand State Forest is located will
be requested to participate as a member of the Management Plan Advisory
Group. This is consistent with s.259.032 of the Florida Statutes. Routes of all
trails and facilities will be adjusted If parcels are not acquired as anticipated or
based on the areas affected by hydrological restoration. Fees will be charged for
some uses, and rules established in accordance with 51-4 of the Florida
Administrative Code, and Policy 520 (Forest Recreation Management).
9. STATE and/or DISTRICT will provide Collier County access to the gate north of
1-75 at Everglades Boulevard either by providing key access or by establishing a
protocol suitable to permit emergency ac 'ess for emergency medical and fire
rescue and control personnel, equipmer, end vehicles.
10. The laws of the State of Florida shall govern all aspects of this Agreement. In
the event it is necessaryfor either
party to initiate legal action regarding this
Agreement, venue shall be in the Twentieth Judicial Circuit for claims under
state law, and the Middle District of Florida of any claims that are justiciable in 0
federal court.
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11. By execution of this Agreement, the COUNTY, DISTRICT and STATE are not
assuming any liabilities or duties whatsoever,for the other, which may then exist
or have previously accrued to third parties, including, but not limited to, personal
injury, property carnage, inverse condemnation, etc., resulting from either party's
ownership, operation or control over the property which is the subject of this o
Agreement,
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.1 This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed byboth
and be binding upon the parties heeto and thei es aeesdp shall successors
psre to �benefit pf
assignees, whenever the context so requires or admits.
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13. The effective date of this Agreement will be the date last signed by on • ca
e4
parties. A DA ITEM d
.^., N0.
SEP 2 3 2003
Page 4 of 7 p
EXHIBIT g. � v
`1 I Packs f Pr, 'IR I
1 0.A.b
SEP-15-2003 10 50 D.E.P. 850 414 5468 P.08
•
14. DISTRICT and STATE, by signing below, represent that each has the authority to
enter into this Agreement, and that the performance contemplated by this 0
Agreement is lawful, serves a public purposes and provides a public benefit. In m
the event any-portion of this Agreement shall be held invalid or unlawful by a court
of competent jurisdiction, such portion shall be deemed a separate and severable
provision, and such holding will not affect the validity of the remaining portions of
this Agreement.
0
IN WITNESS WHEREOF, the parties below have caused this
executed. Agreement to be duly
a)
AS TO COUNTY:
d
DATED: w
Attest:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.B'
, Deputy Clerk TOM HENNING. Chairman
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AGENDA ITEM a
NO.
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SEP232003
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Page Sof 7
EXHIBIT E
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[Signature page follows] 1
I Packet Pa. 37
10.A.b
SEP-I5-2003 12:50 D.E.P. 950 41.4 5468 P.09
F.
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AS TO DISTRICT
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DATED:
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Attest South Florida Water Management District, 0
BY ITS GOVERNING BOARD
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BY:
Assistant Secretary , Chairman
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Form Approved By. a,
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Date:
South Florida Water Management
District Counsel
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AS TO BCB: o
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DATED: N
Attest: o
BIG CYPRESS BASIN BOARD M
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By:
Secretary Trudi K.Williams, Chairman a,
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AGEND
Page S of 7 EXHIBIT N0. j E
s1 SEP 2 003 0
15-KPacket Pq. 38
10.A.b
SEP-15-2003 10:50 D.E.P. 850 414 5468 P.1
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AS TO STATE:
DATE: BOARD OF TRUSTEES OF THE INTERNAL d
IMPROVEMENT TRUST FUND
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@9/L7/2083 LL:47 2395974937 BIG CYPRESSBASIN PAGE �c
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BIG.CYPRESS BASET o
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Proj 30.2.6
ADM 28-06 (C-3133) 0
July 7, 2003
0
Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Dear Commissioners:
d
Subject Southern Golden Gate Estates (SGGE) Roadway Easements
co
These are exciting times for Collier County and we are all partners in the
Southern Golden Gate Estates hydrologic restoration project which will have 0
many long-term benefits for the natural resources in our community. We are
appreciative of your continued support for this project, and we need your E
assistance in moving forward for implementation of the project with federal, state,
and local cooperation. Pursuant to the recent presentation to you by the South
Florida Water Management District staff at the June 10, 2003 workshop, we are
pleased to offer you a form of compensation for transferring the roadway 0
easements to the State of Florida for construction and operation of this project.
The Big Cypress Basin Board is willing to provide the County, $1 million per year,
for 20 years, to improve the drainage functions of the secondary canal system in
Collier County. Many of the secondary drainage canals in the County are in
urgent need of repair and rehabilitation to ensure public health and safety. Big o
Cypress Basin staff, through communications with the County staff, have so far o
identified 34 unfunded stormwater management projects that can be completed o
in 3 to 4 years through this agreement. Also, the Basin is willing to consider
providing the County a section of land (1 square mile), for the development of an rn
off-road vehicle recreational park.
We need to move forward in an expeditious manner for implementation of the
project, to take advantage of the State and Federal dollars coming to Collier 0
County for this restoration project. We are committed to resolving this minor
Issue of roadway easements,in a mutually agreeable manner, for the greater
benefit of the citizens of Collier County. We look forward to your continu ._.� a_
support. -_---•-..�. ..
AGENDA
EXHIBIT NO. _ E
SEP 23 '
dry:Cr s s FA'Gorl*P.V L lJ°ARD ( D.xicm PQ `
8
Trudi K tYilliauts,P.E„t7abpesTrur,r t rio-Ft.:14t» Patricia Ca_ • t,Scarkuy•Mruw L-..u,t Comma
M r Ellen Hawkins, i7ar C lir.A'W,ks► John 8aldt- 's Fred N.Thain.),Jr.-linmatake
I Packet Pg.40
10.A.b
09/17/2003 11:47 2395974987 BIG CYPRESS BASIN PAGE 03
• L
Collier County Board of County Commissioners45
July 7, 2003
Page 2 0
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Sincerely, (.)
' 'ams
Chairman Ex-Officio, Big Cypress Basin Board
(
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Mary Ellen , awkins N
Vice Chair,+Big Cypress Basin Board
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Alicia Abbott
Secretary, Big Cypress Basin Board
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Johaf Boldt
Member, Big Cypress Basin Board
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Pat Carroll o
Member, Big Cypress Basin Board
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Fred N. Thomas, Jr. --` t� E
Member, Big Cypress Basin Board
CT/amc _
SEP 2 3 2003
•
EXHIBIT
I Packet Pa. 41
10.A.b
e9/LL/2883 09:IS 239537411E17 BIS CYPRESS BASIN PA6E 112
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BIG CYPRESS BASIN OF THE 7.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT o
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RESOLUTION NO. 03-8-2 r
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A RESOLUTION OF THE BIG CYPRESS BASIN BOARD OF THE o
SOUTH FLORIDA WATER MANAGEMENT DISTRICT c
ENDORSING AND SUPPORTII:G THE AGREEMENT AMONG o
COLLIER COUNTY, THE SOUTH FLORIDA WATER co
MANAGEMENT DISTRICT AND THE BOARD OF TRUSTEES o
OF THE INTERNAL IMPROVEMENT TRUST FUND 0
REGARDING VACATION OF CERTAIN RIGHTS OF WAY INTs
THE SOUTHERN GOLDEN GATE ESTATES 0
WHEREAS, the Big Cypress Basin Board of the South Florida Water
0
c
Management District (BASIN BOARD) supports the preservation and restoration of =
0
wetlands within the Southern Golden Gate Estates (SGGE); and 0
0
WHEREAS, it is the desire and the intent of the Basin Board that the South
c
Florida Water Management District (DISTRICT), on behalf of the BASIN BOARD, Q
enter into an Agreement with Collier County and the Trustees of the Internal c
Improvement Fund that will facilitate the accomplishment of this restoration and
0
preservation by insuring that certain rights of way within the SGGE are vacated: now o
M
N
therefore N
O
BE IT RESOLVED BY THE BASIN BOARD OF THE BIG CYPRESS OF THE o
O
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT: N
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Sectio The BASIN BOARD hereby expresses its endorsement of and
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support for the Agreement among the DISTRICT, Collier County and the Trustees of the
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Internal Improvement Fund which will facilitate the accomplishment of this restoration 13
0
0
-- and preservation by insuring that certain rights of way within the project area are vacated. Q
NO. l V' E
EXHIBIT 0
IS SEP232O3 w
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Pg. )3
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Packet Pa. 42
10.A.b
89/11/2083 09:16 2395974987 BIG CYPRESS BASIN PAGE 83
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Section 2. The BASIN BOARD directs the Basin Director to furnish a copy
0
of this Resolution to Collier County and to the Trustees of the Internal Improvement
Fuad..
•
PASSED AND ADOPTED this 29th day of August, 2003. °
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BIG CYPRESS BASIN OF THE SOUTH 0
FLORIDA WATER MANAGEMENT DISTRICT,
BY ITS BASIN BOARD as
^-(corporate.Sear.
>,
1-%-414-.1
By Trudi kJ'Williams,
cl lliamsChairwoman 0
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ATTEST:
By kk-
Alicia Abbott, Secretary o
Approved as to form: o
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BY: 529
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Office of Counsel
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EXHIBIT F �►�€t4DA t�t
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SEP 2 3 23;3
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AGREEMENT
BETWEEN o
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THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND,
THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT(BIG CYPRESS BASIN) c.)
`o
AND
COLLIER COUNTY, FLORIDA
This AGREEMENT (hereinafter referred to as the "Agreement"), made and entered into
this day of , 2003, by and between the Board of Trustees of °'
the Internal Improvement Trust Fund of the State of Florida (hereinafter "STATE"), the c,
South Florida Water Management District, (hereinafter referred to as "DISTRICT"), and
Collier County, a political subdivision of the State of Florida, (hereinafter"COUNTY").
WITNESSETH:
WHEREAS, DISTRICT and STATE have acquired certain land located in Collier
County in an area known as the Southern Golden Gate Estates for wetlands restoration d
and as part of the Everglades Restoration Project (hereinafter "Project"); and
0
WHEREAS, COUNTY holds certain right-of-way easements in trust for the public
by virtue of the subdivision plat dedications and other grants within this area and has,
over a thirty year period, constructed bridges and improved and maintained these
roadways for the benefit of the public; and
0
WHEREAS, COUNTY has expended millions of taxpayer's dollars for these
improvements and for the maintenance of these roadways and has estimated the value
of these easements and the improvements thereupon at approximately 38 million o
dollars and depreciated same to 17.5 million dollars; and
WHEREAS, STATE has petitioned the COUNTY to relinquish all interest and right
it has in these roadways to the State of Florida for purposes of its project; and
WHEREAS, COUNTY is desirous of assisting in the Project and has scheduled
and noticed a public hearing for consideration by the Board of County Commissioners of
the vacation of these roadways; and o,
WHEREAS; the vacation of these roadways in furtherance of this Project will
enhance the surrounding wetlands and facilitate the preservation of wetlands in the
Southern Golden Gates Estates; and
Page 1 of 7
a)
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EXHIBIT p AGENDAt L- .i
NO. LJ .�
SEP 2 3 25>3
Pg
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10.A.b I
WHEREAS, the Big Cypress Basin, a sub-district of the DISTRICT, (hereinafter
referred to as the "BCB") supports the DISTRICT and STATE and is committed to
meeting the obligations contained herein but is without statutory authority to contract o
independently of the DISTRICT; and
WHEREAS, DISTRICT, BCB, and STATE to the extent it may have an interest in 8
lands managed by DISTRICT or BCB and identified for this purpose, are willing to
transfer to COUNTY 640 acres of contiguous unimproved land to be used for Collier
County residents for recreational purposesc
roadways; acid in exchange for the vacation of these
a�
•
0
WHEREAS, the acquisition of 640 acres, whether directly or indirectly by
DISTRICT, or BCB for the purposes set forth herein, will further this Project and
constitutes a public purpose as contemplated by Chapter 373; and
WHEREAS, because of the importance of the secondary canal system to the
overall water management mission of the BCB,=the DISTRICT, through the budget of
the BCB, is willing to dedicate $1 rfiillion from the BOB budget to Collier County for c
maintenance, repair and operation of the secondary canal system in Collier County over
a period of twenty years or until the District assumes all responsibility for the operation
and maintenance of the secondary canal system, whichever occurs first; and N
41.
WHEREAS, the parties desire to enter into a binding agreement which will provide
i
for and govern the transfer of property and allocation of funds if the County vacates,
terminates or releases its interest and right in certain roadways located within the
Southern Golden Gate Estates; and
WHEREAS, the parties intend that the COUNTY will enter into this Agreement if cf)
and only if the COUNTY, after having considered the request for vacation at a public
meeting, has determined that it will approve the request and adopt a resolution vacating
and renouncing all interest in the roadways described herein.
NOW, THEREFORE, in consideration of the benefits flowing from each to the
other, STATE, DISTRICT, BCB and COUNTY agree as follows:
1. The above recitals are true and correct and are incorporated herein as a part of
this Agreement.
2. COUNTY shall, simultaneous;with the entry into this Agreement, adopt resolution
vacating and releasing its interest in all roadways identified in "Exhibit A," attach hereto
and incorporated herein, in accordance with Chapter 336, Florida Statutes. r
E
3. DISTRICT, on behalf of and through the budget of its Big Cypress Basin, will
dedicate annually one million dollars of its funding annually to the operation,
•maintenance and repair of the secondary canal system in Collier County. This �'
allocation of dollars will commence in budget year 2004 and continue for tpep ---- Q
.��A TE{� ,
Page 2 of 7 NO.
SEP 2 3 33
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"` twenty (20) years or until such time as DISTRICT, through the budget of its Big Cypress o
Basin, assumes all responsibility for the operation and maintenance of the secondary 12
ca
canal system, whichever occurs first. BCB and COUNTY will coordinate with one o
co
another and agree as to how these funds are spent each year. Notwithstanding the 0
foregoing, funding for each applicable fiscal year of this Agreement is subject to Big a
Cypress Basin Board and DISTRICT Governing Board annual budgetary appropriation. o
In the event the DISTRICT does not approve funding for any subsequent fiscal year, c
this portion of the Agreement will terminate as to this obligation. The parties hereto 0
acknowledge and agree that the maintenance and operation of the secondary canal a)
system in collier County is a project of extreme importance to the overall water 3
management system in Big Cypress Basin; consequently DISTRICT and BCB agree to 0
make every reasonable effort to meet this funding obligation every year, and shall not 6
unreasonably withhold allocation of this monetary commitment in its annual budget. as
The parties agree that this paragraph will constitute a severable portion of this °'
Agreement so that the failure of DISTRICT to fulfill this provision will not terminate or
release DISTRICT and STATE from other obligations set forth in this Agreement. co
U
4. DISTRICT and/or BCB will c6nvey, or cause to be conveyed, at no cost to c
COUNTY, fee simple interest to 640 contiguous acres, more and less, of unimproved a
land to COUNTY no later than October 1, 2005. The land shall be suitable for y
recreational purposes, including, but not limited to, recreational ATV use, and must be m
acceptable to the COUNTY. The COUNTY agrees not to unreasonably with' old
approval of the land tendered by the DISTRICT. cp
0
5. DISTRICT and BCB acknowledge and agree that the dedication of dollars for the a
maintenance and repair of the secondary canal system in Collier County and for the c
acquisition of 640 acres of land, as both are contemplated by this Agreement, are
statutorily-authorized expenditures. 0
U
6. The COUNTY will release, terminate or disclaim any interest it has in the rights-of- o
way in portions of that roadway known as Janes Scenic Drive (commencing just south ..
of the Harmon Brothers rock pit and continuing to its northernmost terminus) as more CN
o
particularly described in Exhibit "B" attached hereto. As a condition of this N
abandonment of Janes Scenic Drive, STATE and DISTRICT agree to provide access o
from Janes Scenic Drive to Lee County Electric for purposes of maintaining its facilities M
and, if requested by utility, STATE will provide a replacement easement of sufficient 9
width for the maintenance, repair and operation of its existing facilities. Moreover N
STATE and DISTRICT agree to provide access to and from Janes Scenic Drive to the °'
City of Everglades weilfield as suctr access currently exists. County acknowledges that
not all portions of Janes Scenic Drive will revert to STATE or DISTRICT after COUNTY
vacates Janes scenic Drive, and that STATE and DISTRICT shall have no duty to 6
perform under the provisions of this paragraph 6 as to those portions of the right-of-way =
not under their ownership and control subsequent to the vacation of the rights-of-way.
.. a,
7. COUNTY will release, terminate or disclaim any interest it has in the Miller Q
Boulevard Extension, more particularly described in Exhibit "B," and agree -to ett`-"-
Page3of7 ____ff, 1
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SEP 2 3 21003 Y
Pg.
----- Packet Pa.46
10.A.b
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any documents deemed necessary by the DISTRICT and/or STATE to fully release or o
terminate its interest in this rights-of-way. The County's release of any interest it has in P.
Miller Boulevard Extension and execution of any related documents shall be contingent o
upon the agreement of the Board of Trustees of the Internal Improvement Trust Fund of m
the State of Florida and its agent the Department of Environmental Protection entering 0
into a stipulated dismissal of the lawsuit styled Collier County v. Sheldon C. Marshall,
Jr., et. al., Case No. 99-2009-CA-TB, Twentieth Judicial Circuit Court of In and For '
..',11
County, Florida, pursuant to which each party shall bear its own costs and °'
attorney's fee s and release the other of any and all related claims. °
0
co
8. The STATE and DISTRICT agree to maintain those roadways contained within the 8
project area and identified on Exhibit "C", attached hereto, in the following manner:
To
(a) All "primary, all weather roads" (represented by solid line on Exhibit "C") will
be maintained above-grade and will be open to the traveling public 24-hours a day,
seven days a week. 03
y
(b) "Secondary, dry season" toads (represented by a dashed line on Exhibit "C")
will be stabilized and maintained at or below grade and will be open to the general =
public weather conditions permitting, as noticed by the Division of Forestry. For those co
landowners of improved property whose only access is via one of these secondary dry c
seg ion roads, they will be provided access 24-hours a day, seven days a week. °
(c) Notwithstanding the foregoing, DISTRICT agrees that safe vehicular access o
will be provided to all homeowners within the Project Area at all times. a
(d) STATE and DISTRICT will provide access to Sprint and Florida Power & c
Light from those roadways designated as "primary, all weather roads" to all telephone
U
and electric facilities located within these rights-of-way. If requested, STATE will48
provide a replacement easement to Sprint and FPL of sufficient dimensions to provide o
for the continued maintenance, repair and operation of these utilities. This provision will
not be construed as requiring the granting of easements or licenses for the expansion of Cr)
such facilities. County acknowledges that not all portions of Janes Scenic Drive will N
revert to STATE or DISTRICT after COUNTY vacates Janes Scenic Drive, and that g
STATE or DISTRICT shall have no duty to perform under the provisions of this g
paragraph 8(d) as to those portions of the right-of-way not under their ownership and o
control subsequent to the vacation of the rights-of-way. IN
9. DISTRICT and/or STATE agree that the general public will be given access for
recreational use§ on lands within the Project Area and in the adjoining Picayune Forest.
As part of this commitment the Picayune Strand State Forest Recreation Program will E
provide for dispersed recreational opportunities and will recognize the following uses as co
compatible with resource protection and passive recreation: horseback riding; fishing; 2
off-road bicycling; hiking; primitive camping; some types of hunting; wildlife viewing and
nature study. The Division of Forestry is currently evaluating the potential of an off- a
highway vehicle area and a gun range. All uses must be consistent with thre _
management plan, and use best management practices (BMPs) to protect theo NO. E 1
Page 4 of 7 -
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SEP 262003 a
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resources. The Collier County Commissioner of the District in which Picayune Strand E
State Forest is located will be requested to participate as a member of the Management m°
Plan Advisory Group. This is consistent with s. 259.032 of the Florida Statutes. Routes
• of all trails and facilities will be adjusted if parcels are not acquired as anticipated or based
on the areas affected by hydrological restoration. Fees will be charged for some uses,
and rules established in accordance with 51-4 of the Florida Administrative Code, and
Policy 520 (Forest Recreation Management). 0
10. STATE=' will provide Collier County with access to the gate south of 1-75 at
Everglades Boulevard either by providing key access or by establishing a protocol
suitable to permit emergency access for emergency medical and fire rescue and control
personnel, equipment and vehicles from 1-75 to Everglades Boulevard. a)
11. The laws of the State of Florida shall govern all aspects of this Agreement.
12. By execution of this Agreement, the COUNTY, DISTRICT and STATE are not
assuming any liabilities or duties w1 atsoever, for the other, which may then exist or
have previously accrued to third parties, including, but not limited to, personal injury, property R
damage, inverse condemnation, etc., resulting from either party's ownership, operation or
control over the property that is the subject of this Agreement.
O
13. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by all parties and shall inure to the benefit of and be 0
binding upon the parties hereto and their respective successors and/or assignees, whenever a
the context so requires or admits.
z
0
14. The effective date of this Agreement will be the date last signed by one of the
parties.
15. DISTRICT and STATE, by signing below, represent that each has the authority to 0.;
enter into this Agreement, and that the performance contemplated by this Agreement is o
lawful, serves a public purpose and provides a public benefit. in the event any portion
of this Agreement shall be held invalid or unlawful by a court of competent jurisdiction,
such portion shall be deemed a separate and severable provision, and such holding will
not affect the validity of the remaining portions of this Agreement. The STATE's o
obligation to pay under the provisions of this agreement is contingent upon an annual
appropriation by the Legislature.
IN WITNESS WIEREOF, the parties below have caused this Agreement to be duly
executed. E
a)
Page5of7 Q
AGENDA IT
[Signature pages follow] NO.
SEP232013 .
P�g..,I
Packet Pa.48
10.A.b
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AS TO COUNTY:
DATED:
Attest: BOARD OF COUNTY COMMISSIONERS a)
COLLIER COUNTY, FLORIDA
BY: c
Deputy Clerk TOM HENNING, Chairman L
.0provee 3S to form & legal sufficienc co
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Assistant County Attorney JCC
as
-lien T. Chadwell
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AS TO DISTRICT:
0
DATED:
0
Attest: South Florida Water Management District, c
BY ITS GOVERNING BOARD U
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BY:
Assistant Secretary
Chairman
(NI
Form Approved By: o
Date:
South Florida Water Management
District Counsel
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- - PLANED ROADWAYS m
SOUTHERN GOLDEN GATE ESTATES
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Those read rizhts of way dedicated to the public in the following - o
subdivisions known as N
Golden Gate Estates,recorded in the public records of Collier Comity,Florida as follows:
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Unit 98, GGE,Plat Book 7, Page 97;
Unit 98A (replat),GGE,Plat Book 9,Page 44; • cp
Unit 99,GGE,Plat Book 7, Page-33;
Unit 99A(replat), GGE,Plat Book 9,Page 44;
Unit 100, GGE,Plat Book 5,Page 33; °',
Unit IOOA (replat), GGE, P)at Book 7,Page 107;
Unit 10I, GOE,Plat Book 5,Page 34; -
Unit 102,GGE,Plat Book 7,Page 34; •
Unit 103, GGE,Plat Book 7,Page 98;
Unit 104,GGE,Plat Book 7,Page 35;
Unit 105, GGE,Plat Book 7,Page 99;
Unit 106,GGE,Plat Book 7,Page 36; L
Unit 107,GGE,Plat Book 7,Page 37;
Unit 108, GGE,Plat Book 7, Page 38; >,
Unit 109, GGE, Plat Book 7,Page 39; .
Unit 110, GGE,Plat Book 7,Page 40; o
Unit 111,GGE, Plat Book 7,Page 41;
Unit 112, GGE,Plat Book 7, Page 42;
Unit 113, GGE Plat Book 5, Page 35;
Unit 113A(replat), GGe, Plat Book 7,Page 106;
Unit 114, GGE,Plat Book 5,Page 36; N
Unit 114A (replat), GGE,Plat Book 7,Page 105;
Unit 118, GGE, Plat Book S, Page 37;
• Unit 119, GGE,Plat Book 5,Page 38; M
Unit 121,GGE,Plat Bock 5, Page 39; M
Unit 123, GGE, Plat Book 5,Page 40;
Unit 123A(replat),GGE,Pint Book 9,Page 106;
GGE,Plat Book 5,Faye 41; o
Unit 1Z4
Unit 127, GGE,Plat Book 5, Page 42; -
tint 130, GOP,Plat Book 5,Page 43; _
Unit 131, GGE,Plat Book 5, Page 44;
'Unit 134, GGE,Flat Book 5, Page 45;
Unit 135, GGE,Plat Book,5,Page _ -..._,_.
Unit 136, GGE,Plat Book 5,Page 47; 4 Nfl O.
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Unit 137, GGE,Plat Book 5,Page 48; � �.
SEP 2 3 ';
EXHIBIT Pg
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Gait 140,GGE,Flat Book 5,Page 49;
Unit 141, GGE,Plat Book 7,Page 43;
Unit 142,GGE,Plat Book 7,Page 44; m
Unit 143, GGE,Plat Book 5,Rage 50;
Unit 144, GGE;Plat Book 5,Page 51;
Unit 145,GGE,Plat Book 5,Page 52;
Unit 146,GGE, Plat Book 5,Page 53;.
quit 147,GGE,Plat Book 5,Page 54; )
Replat of Tracts 114, 115, 126 & 127,Unit 147, GGE, Plat Book 5, Page 96;
Unit 148,GGE,Plat Book 7,Page 45;
Unit I49;.GGE,Plat Book 7,Page 46; a)
Unit 150, GGE,Plat Book 5,Page 55;
Unit 151,GGE, PIat Book 9, Page 103; a)
Unit 152, CU. ,Plat Book 5,Page 56;
Unit 153,GGE, Plat Book 5,Page 57;
Unit 154, GGE, Plat Book 5 Page 58; °;
Unit 155,GGE, Plat Book 5,Page 91;
Unit 156,GGE, Plat Book 5,Page 92; c
Unit 157,GGE, Plat Book 5,Page 93;
Unit 158,GGE,Plat Book 9,Page 104;
Urit 159,GGE, Plat Book 5,Page 59;
Unit 160, 3GB,Plat Book 7,Page 47; c
Unit 161,GGE,Plat Book 7,Page 48; o
Unit 162,GGE, Plat Book 7,Page 49; Q
Unit 163,GGE,Plat Book 7,Page 50; r
Unit 164,GGE,Plat Book 7,Page 51;
Unit 165,GGE,Plat Book 9,Page 105; v
Unit 166,GGE,Plat Book 5,Page 94;
Unit 167,GGE, PIat Book 5,Page 95; o
Unit 171, GGE, Plat Book 7,Page 52; and ..
Unit 172, GGE,Plat Book 7,Page 53 N
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MILT ER BOULEVARD EXTENSION
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Centerline of Proposer: 60' Wide Right of Way
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Conercinv at a Concrete monument marking the ncruwer-t corner of Section 25 ,
Township 51 South . R=n;e 27 East_ CoIlier County, Florida; thence along; the north >,
line of said Section 25, N 39° 23' 36"E .. 1904.37 feettoMiller
the c..r=teriine .,%
Boulevard , a 100' wide road easement as shown on the plat of Golden Gate Estnesv
Unit No. 16' . a subdivision recorded in Plat Book 7, Pave 49, Public Records of I
Collier County, Florida; thence along said centerline S 00° 30'48" E , 1500.56 feet to °'
the south Line of said Golden C-ate Estates Unit No.. 162 and the Point of Beginn ng ;
thence S 61°,i_' 29"W, 85.00 feet thence S 89°49' 03 " W, 594.84 Fee=.
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them S 19°26' 35"W, 38=.19 feett ; thence S 02°50' 6"E . 1169.10 feet;
thence S 08° 00' 03" W, 849.08 feet, thence S 17° 29' CT' W, 329.11 feet: o0
thence S 00° 18' 56" W, 654.22 feet, thence S 07° 04' 13"E. 205.07 fee;;
'pence S 24°41' 44"W, 971.14 feet ; thence S 28'46' 00"lar, 200.00 feet to the
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SOUTHERN MAPPING TECHNOLOGY, INC.
PROFESSIONAL SURVEYORS AND MAPPERS
• 4376 CORPORATE SQUARE No.I 'NAPLES,FL 34104*Phone(239)643-2911 'Fax(239)263-9099
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PORTION OF JANES SCENIC DRIVE
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Deed recorded in O.R. Book 76, Page 394 of the Public Records of Collier County,
Florida that lies northerly of the south line of the north 150 feet of the south 660
feet of the southeast quarter of Section 12, Township 52 South, Range 29 East.
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