Backup Documents 11/15/2016 Item #16G3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1711
'4„,i
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
4. BCC Office Board of County b<,-
Commissioners vvV-3/ r1
5. Minutes and Records Clerk of Court's Office 111(fil— 1( ;(f`r/gt-
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Debbie Brueggeman,Ad9iin,Airport Phone Number 642-7878 t. 34
Contact/ Department Authority
Agenda Date Item was November 15,2016 vi Agenda Item Number 16G3
Approved by the BCC
Type of Document MOU Amendment and Conservation Number of Original 2
Attached Easement Documents Attached
PO number or account NitX `v Ot Se rvcLh a• l E s L- a-0 t S be_ v L O r c yt
number if document is uG
to be recorded 2.3`11 333/6 . Z._
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JL
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JL
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JL
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JL
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 11/15/16 and all changes made during JL
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revise. .24.05;Revised 11/30/12
MEMORANDUM .16G �;
Date: January 4, 2017
To: Debbie Brueggeman, Operations Coordinator
Collier County Airport Authority
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: MOU Amendment and Conservation Easement
Attached for your records, is one (1) copy of each document referenced above,
(Item #16G3) approved by the Board of County Commissioners on Tuesday,
November 15, 2016.
The Minutes and Record's Department has kept an original document as part of the
Board's Official Record's of the Board.
If you have any questions, please feel free to call me at 252-8411.
Thank you.
CONSERVATION EASEMENT 1 0 70
0G
THIS CONSERVATION EASEMENT is made this 15 day of Ivc)✓eiyi '' , 2016, by
COLLIER COUNTY, whose address is 3299 Tamiami Trail East, Suite 800, Naples, Florida
34112, Grantor, in favor of the CONSERVANCY OF SOUTHWEST FLORIDA, INC., THE
NATIONAL AUDUBON SOCIETY, INC. and FLORIDA AUDUBON SOCIETY, INC.,
ENVIRONMENTAL DEFENSE FUND INCORPORATED and IZAAK WALTON LEAGUE
OF AMERICA, INC., FLORIDA DIVISION, collectively, Grantees.
WHEREAS, Grantor is the sole owner in fee simple of that certain real property located
in Collier County, Florida, more particularly described in Exhibit "A" attached hereto (the
"Easement Property"); and
WHEREAS, the Grantees assert that the Easement Property possesses natural, scenic or
open space values of great public benefit (collectively, "conservation values") and of great
importance to Grantor and Grantees, the citizens of Collier County and of the State of Florida,
including its native vegetation, water flow and water quality characteristics, and native wildlife
populations, including federally- and state-listed species; and
WHEREAS, Grantees recognize these conservation easement lands serve as an important
buffer to protect against further expansion of the Marco Island Executive Airport beyond its
boundaries; and
WHEREAS, Grantees are either publicly supported or tax-exempt not-for-profit
organizations qualified under §§ 501c3 and 170h of the Internal Revenue Code, whose purpose
includes the preservation, protection or enhancement of land in its natural, scenic, archeological,
forested and open space condition, or divisions of the State of Florida; and
NOW THEREFORE, in consideration of the sum of ten dollars and no cents ($10.00) and
the terms and conditions contained herein, Grantor hereby grants and conveys to Grantees a
perpetual Conservation Easement upon the Easement Property which shall run with the land and
be binding upon the Grantor and Grantor's successors and assigns and shall remain in full force
and effect to the extent authorized by law.
1. PURPOSE. The purpose of this Easement is to assure that the Easement Property will be
retained forever in its natural condition and to prevent any use of the Easement Property that will
impair or interfere with protection of the conservation values as defined above. Grantor intends
that the Easement Property be consistent with the activities and purposes set forth in this
Easement.
2. RIGHTS OF GRANTEES. Grantees may, at each Grantee's sole cost and expense, enter
onto the Easement Property with at least 24 hour prior notification and escort provided by the
Airport Authority and in accordance with the then current applicable regulations/policies of the
FAA, FDOT, TSA and Collier County Airport Authority with regard to airport access, for the
following purposes:
INSTR 5353268 OR 5350 PG 2488
RECORDED 1/5/2017 8:55 AM PAGES 12
[16-APA-00337]58 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
10/25/16 Page 1 of E COLLIER COUNTY FLORIDA
DOC@.70$0.70 REC$103.50 INDX$2.00 /'`,
1 ;
A. To enter onto the Easement Property to monitor and enforce the terms of this Easement
and conduct biological assessments, observations or studies, including the use of any
necessary equipment or vehicles to monitor compliance with and otherwise enforce the
terms of this Easement.
B. To prevent and to enjoin any activity or use of the Easement Property inconsistent with
this Easement and to enforce the terms of this Easement.
C. To enforce the terms of this Easement.
3. PROHIBITED USES. Any activity on or use of the Easement Property inconsistent with
the purpose of this Easement is prohibited. Without limiting the generality of the foregoing, the
following activities and uses are expressly prohibited:
A. Dumping or placing soil or other substance or material as landfill, or dumping trash,
vehicles, equipment, waste or offensive material, except that soil or fill may be placed as
necessary to restore surface area damaged by an errant vessel or for the installation/repair
of FAA/FDOT safety and security aviation equipment;
B. Altering the land surface through grading or soil dumping or trenching, unless it is
necessary to ensure a safe operating airport environment or for the installation/repair of
FAA/FDOT safety and security aviation equipment and in accordance with the approved
vegetation management plan;
C. Introducing non-indigenous invasive vegetation or animals, unless it is necessary to
ensure a safe operating airport environment and in accordance with the approved
vegetation management plan;
D. Cutting, trimming, removing or otherwise modifying native vegetation unless it is
necessary to ensure a safe operating airport environment and in accordance with the
approved vegetation management plan;
E. Dredging any area of the Easement Property, or filling in any area of the Easement
Property unless it is necessary to ensure a safe operating airport environment or for the
installation/repair of FAA/FDOT safety and security aviation equipment and in
accordance with the approved vegetation management plan;
F. Constructing or maintaining any road or right-of-way access to the Easement Property or
utilities not already provided;
G. Developing the Easement Property except as provided in this Conservation Easement or
by written consent of the parties to this Agreement; and
H. Disposing of solid or hazardous waste, as defined in CERLA and RCRA.
4. REMEDIES. If Grantee believes there is a violation under this Easement and the Board of
County Commissioners, at a regular meeting, determine there in no violation, then the parties
agree to submit this issue to mediation by a mutually agreeable mediator and each party shall pay
[16-APA-00337158
10/25/16 Page 2 of 8
c
s
16G3 .
its own costs. Thereafter, any costs incurred in enforcing the terms of this Easement, including
without limitation court costs and attorney fees, shall be awarded to the prevailing party or
parties. Notwithstanding the foregoing, the Grantor and Collier County Airport Authority shall
not be responsible for damage to, or a change in, the Easement Property resulting from causes
beyond its control including, without limitation, fire, flood or storm.
5. PUBLIC ACCESS. Except as otherwise provided in this Easement, no right of access by
the general public to any portion of the Easement Property is conveyed by this Easement without
specific written authority from Grantor.
6. ASSIGNMENT. The interests created by this Easement are not transferable or assignable.
The parties hereunder acknowledge that this Easement shall be a covenant and run with the land
in perpetuity.
7. VALIDITY. If any provision of this Easement or the application thereof to any person or
circumstance is found to be invalid, the remainder of the provisions of this Easement shall not be
affected thereby, as long as the purpose of the Easement is preserved.
8. WRITING. All notices, consents and other communications relating to any actions taken
by Grantor or Grantees pursuant to this Easement shall be in writing.
9. SUCCESSORS AND ASSIGNS. This Easement shall be binding upon, and inure to the
benefit of, the parties and their respective successors and assigns, and shall continue as a
servitude running in perpetuity with the Easement Property.
10. CONTROLLING LAW. The interpretation of this Easement shall be governed by the
laws of the State of Florida.
Signed, sealed and delivered
in the presence of witnesses:
Grantor:
ATTEST; BOARD OF COUNTY COMMISSIONERS
DW .0. . R CK, CLERK COLLIER COUNTY,FLORIDA
fik �►, S' BY: 6`
" Ptt a,$1,0 retuty Clerk DONNA FIALA, Chairman
t.
Om attire
Approved as to form and legality:
9 .4-/Ldt
Heidi Ashton-Cicko
Managing Assistant County Attorney
[16-APA-00337]58
10/25/16 Page 3 of 8 f• ~�`
GRANTEES' ACCEPTANCE: The following parties hereby approve and accept the foregoing
Conservation Easement and agree to all of its terms and provisions:
CONSERVANCY OF SOUTHWEST
FLORI , C.
4 .
1._ ,41., 11
y: S : ature of W itn-ss
Its: President and CEO
fi)' col po hCI)i)
Print Name of Wi ess
At-1711, ztill/s
Signature of Witness
. s'Actr®n M EtAQ r
Print Name of Witness
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was executed and acknowledged before me this S* day of
1 4 .. , 2 -2;-by ALisirew Mc.4wains who [ ] is personally known to me, or [ ] produced
a current driver's lice se. �(/3ai j` 17a/01
r
n/
d�U 11) 6iQC e
o
Notary Public
Print Name:
Commission Expires:
I 4,1*,;:,,,, MARGARET ANN DAMNS
�
4 'r° � .% Notary Public -State of Florida `
• 4 My Comm.Expires Nov 12,2017 1
1 ---,-47).-:-..-- Commission#FF 48794
'44,Pies Bonded Through National Notary Assn. 0
(16-APA-00337]58 Page e 4 of$
10/25/16
NATIONAL AUDUBON SOCIETY,INC.
4 6.-)
\40— C)tCkf21/4—
By: Signa Pe of ess
Its: N f\5
Print Name/of Witness
ignature o Witness
%-i1 Cie
Print Name of Witness
STATE OF -0.-61.2/04-
COUNTY OF C
The foregoing instrument was executed and acknowledged before me this day of
r,�ve•,ber , 2016, by rr,L IJa �T , who [ ] is personally known to me, or [
] produced a current driver's license.
0 ' ADRIENNE RUHL
im MY COMMISSION N EE 881430
;;r.��. EXPIRES:July 6,2017
Notary Public
Print Name: 4d Vienn, 44,
Commission Expires: 7 (0_
[16-APA-00337}58 e 5 of 8 Page g
�P 0
FLORIDA AUDUBON SOCIETY, INC.
P--(j)i^r•- ere S180-44
By: I1� � _i� �1 C Q Signatur f Witn
Its: ce^.
4e,cSht 4
Print Name df Witness
Signature o Witness
Print Name of Witness
STATE OF rit a4-
COUNTY OF / cot) _ 2
The foregoing instrument was executed and acknowledged before me this t day of
ltbU2mbey- , 2016, by i- IC p ecie- , who [ ] is personal' known • me, or [
] produced a current driver's license. Rt>Ht�
�f
v ADRIENNE
' °• MY COMMISSION i EE 881430
u•���;d EXPIRES:Jury 6,20 rs
i;rh
Notary Public
Print Name: 4dr,w+n e a 4(
Commission Expires: -7_6,_/7
[16-APA-00337J58
10/25/16 Page 6 of 8
4 r
ENVIRONMENTAL DEFENSE FUND,INCORPORATED
--11% Signature f Witness
Its: q-✓� / C.'i1 ,
ir
( 7 C v 3 s .r L"L-z-,} .3--L-. c)Lk.
Print Name of Witness
MAA: J46-114—
Signature of Witness
Print Name of Witness
STATE OF U(
COUNTY OF ,
The foregoing instrument was executed and acknowledged before me this fk day of
, 2016, by T_GrkeS T 'z i i>p ,who [N,7] is personally known to me, or[ ]
produced a current driver's license. tj
LUIS MATEUS `:-
Notary Public,State of New Yorli —
Notary Public No.01 MA6046843
Print Name: Qualified in Queens County
Commission Expires: Commission Expires August 21,2060 I St'
[I6-APA-00337]58
10/25/16 Page 7 of 8
n
I
IZAAK WALTON LEAGUE OF AMERICA,INC.
(FLORIDA DIVISION) '
1(it
oil, c_r_...p.„.. ..e? /
g 1CWi et /`. C' F/CvotAlE i"�
y: /L1Signature of fitness
Its: PA F'S/AENT r"-)
1 c.,--o li-- L , to )(Z.
Print Name of Witness
Signature of Witness
/ . c.' �J®rvred.-0rt
Print Name of Witness
STATE OF FLORIDA
COUNTY OF /17' ,' I>,4 v E
The foregoing instrument was executed and acknowledged fore me this /Z day 1:,,,7"--
;' ,L-c.
fl c i.�L. , 2016,by/14,',.1,14.,( F C2,54.,p Qw�l o [Vris personally known to me, or[
produced a current driver's license.
Notary Public
411:•::°00 RICHARD J.DEWITT ,0;e:TI __________ zi._
Print Name: * •;= * MY COMMISSION t FF 298118
114 EXPIRES:June 16,2019
Commission Expires: °l,,to F`�.�' Banded Thru Budget Notary Semen
[16-APA-0033158
10/25/16 Page 8 of 8
LEGAL DESCRIPTION (NOT A SURVEY) 4 ,t
MARCO ISLAND EXECUTIVE AIRPORT
15'WIDE CONSERVATION EASEMENT
A PARCEL OF LAND LYING IN AND BEING PART OF SECTION 26 AND 35,TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF TRACT"Q"OF MARCO SHORES UNIT
ONE AS RECORDED IN PLAT BOOK 14 AT PAGES 33 THROUGH 38 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;THENCE ALONG THE EAST LINE OF SAID
TRACT"0", SOUTH 11°59'55" EAST,A DISTANCE OF 71.18 FEET TO A POINT ON THE
WEST LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2034 AT PAGE
1261 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE ALONG THE
BOUNDARY OF SAID LANDS, NORTH 77°59'56"EAST,A DISTANCE OF 350.00 FEET;
THENCE NORTH 12°00'00"WEST,A DISTANCE OF 220.00 FEET;THENCE
NORTH 78°00'05" EAST,A DISTANCE OF 300.00 FEET;THENCE SOUTH 12°00'00"EAST, A
DISTANCE OF 70.00 FEET;THENCE SOUTH 46°01'10" EAST,A DISTANCE OF 214.49
FEET TO THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED; THENCE
CONTINUE SOUTH 46°01'10" EAST,A DISTANCE OF 26.81 FEET TO THE NORTHEAST
CORNER OF THE EAST BOUNDARY; THENCE ALONG SAID EAST BOUNDARY,
SOUTH 12°00'00"EAST,A DISTANCE OF 5250.00 FEET;THENCE SOUTH 41°28'16"WEST,
ALONG THE SOUTHEAST BOUNDARY,A DISTANCE OF 18.66 FEET,THENCE LEAVING
SAID BOUNDARY, NORTH 12°00'00"WEST,ALONG A LINE WHICH IS 15 FEET WESTERLY
OF,AS MEASURED AT RIGHT ANGLES TO THE EAST BOUNDARY,A DISTANCE OF
5283.33 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.81 ACRES MORE OR LESS
Exhibit A
Page 1 of q
SHEET 1 OF 2
Northeast Come L3 MARCO ISLAND EXECUTIVE AIRPORT
ATract"0" 1,1 7S°oop5°E L4 CONSERVATION EASEMENT
3-66.°° L5
SKETCH OF DESCRIPTION ~!
jV.2NOT A SURVEY 0 t 2)
E
1\1/7°59 56" P.O.B.
--, 350.00
1
1 \
Airport Property Line
i Conservation Easement
(15'Wide)
,
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4
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N° o
Limits of Development o o
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GENERAL NOTES
P.O.C.=POINT OF COMMENCEMENT
P.O.B.=POINT OF BEGINNING
Line Table
Line Bearing Distance
L1 S 11°59'55"E 71.18'
L2 N 12°00'00"W 220.00'
L3 S 12°00'00"E 70.00'
L4 S 46°01'10"E 214.49'
L5 S 46°01'10"E 26.81'
L6 S 41°28'16"W 18.66'
.
Exhibit A , .
Page of 4 '---------\_________ '
L6
0 200 400 800 Feet (6'1
1 1 [ 1 1 1 1 1 1 SHEET2OF2
LEGAL DESCRIPTION (NOT A SURVEY)
1 ke. r
'i
MARCO ISLAND EXECUTIVE AIRPORT
TRACT"Q" CONSERVATION EASEMENT
A PORTION OF TRACT"Q"OF MARCO SHORES UNIT ONE, AS RECORDED IN PLAT
BOOK 14 AT PAGES 33 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT"Q";THENCE ALONG THE
EAST LINE OF SAID TRACT"0", SOUTH 11°59'55" EAST,A DISTANCE OF 71.18 FEET TO
A POINT ON THE WEST LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 2034 AT PAGE 1261 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE SOUTH 77°59'56"WEST,A DISTANCE OF 174.42 FEET TO A POINT ON THE
NORTH LINE OF TRACT"Q";THENCE ALONG SAID NORTH LINE, NORTH 53°43'05" EAST,
A DISTANCE OF 13.79 FEET;THENCE NORTH 24°45'16" EAST, A DISTANCE OF 57.20
FEET;THENCE NORTH 69°14'17"EAST, 129.11 FEET TO THE POINT OF BEGINNING.
CONTAINING 8,842.9 SQUARE FEET(0.20 ACRES) MORE OR LESS
Exhibit A
Page of -;
SHEET 1 OF 2
01
)!>-Z MARCO ISLAND EXECUTIVE AIRPORT
TRACT"Q"CONSERVATION EASEMENT
SKETCH OF DESCRIPTION 1 < v
11 NOT A SURVEY ka
t
1
1
1
1
1 PLATTED 50'WIDE
DRAINAGE EASEMENT
PLAT OF MARCO SHORES UNIT ONE
PLAT BOOK 14,PAGES 11-38
50 00
N 53°43'05"E
13.79'
/1/24°4
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Tract"Q" Conservation
MARCO SHORES UNIT ONE Easement
PLAT BOOK 14,PAGES 33-38
Northeast Corner
Tract"Q"
P.O.B.
MARCO ISLAND EXECUTIVE AIRPORT 1
O.R.2034,PAGE 1261
ti
GENERAL NOTES EXifibitA
O.R.=OFFICIAL RECORDS BOOK
P.O.B.=POINT OF BEGINNING Page Li of 4'
01 20 140 I I I 8i Feet` 1 SHEET 2 OF 20110
6 -r1
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w4�, c�tl
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Friday, June 09, 2017 1:34 PM
To: Rodriguez,Wanda
Subject: MOU Amendment#1 (11-15-2016 Item #16G3)
Attachments: 11-15-2016 Item #16G3.pdf
Hi Wanda,
A recorded copy of avvtevtdvvtevtt No. 1 to the Memorandum of Understanding (MOU)
between, the Collier County Airport Authority and five Environmental Signatories.
II
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustment Board
Collier County Board Minutes & Records Dept.
239-252-8406 Fax 239-252-8408
I5413426 OR 2040 1 6 3
RECORDEDNSTR 615/2017 8:585401PG AM PAGES 8
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$69.50 INDX$6.00
FIRST AMENDMENT TO
MEMORANDUM OF UNDERSTANDING
The First Amendment to the Memorandum of Understanding is made and entered into
this 15-t day of NOveln6f,2016, by and between the Collier County Airport Authority (the
"Authority"), and the Conservancy of Southwest Florida, Inc. aka the Conservancy of Southwest
Florida, National Audubon Society, Inc. and Florida Audubon Society, Inc. aka the National and
Florida Aububon Societies, Environmental Defense Fund Incorporated aka Environmental
Defense Fund, and the Izaak Walton League of America, Inc. aka the Florida Division of the
Izaak Walton League (collectively, the "Signatories").
WITNESSETH:
WHEREAS, the Authority and the Signatories entered into that certain Memorandum of
Understanding dated September 11, 2001, recorded at OR Book 2893, Pages 3338 through 3346,
Public Records of Collier County, Florida, which provided limitations upon the development
area of the Marco Island Executive Airport; and
WHEREAS, Resolution No. 2001-345, attached to the Memorandum of Understanding
as Exhibit A, provides that expansion of the development area may occur upon written
authorization of the Authority and the Signatories, or each respective entity's then successor(s) in
function; and
WHEREAS, in addition to the Signatories, the MOU was signed by the Board of Trustees
of the Internal Improvement Trust Fund of the State of Florida, Florida Department of
Environmental Protection, South Florida Water Management District and the Deltona
Corporation; and
WHEREAS, the development area is identified in Exhibit B attached to the
Memorandum of Understanding; and
WHEREAS, the Airport Authority desires to expand the development area to include a
previously cleared area of the Marco Shores Planned Unit Development; and
WHEREAS, Collier County has agreed to convey to the Signatories a conservation
easement over the eastern portion of the airport property, which lies within the development area,
subject to approval of the Federal Aviation Administration; and
WHEREAS, the Signatories agree to the expansion of the development area as described
in this First Amendment to Memorandum of Understanding.
[16-APA-00337/1297843/1161 rev. 10/25/16 Page 1 of 3 vw
16 -7
NOW, THEREFORE, IN CONSIDERATION OF ONE DOLLAR, AND THE
COVENANTS CONTAINED IN THIS AGREEMENT, THE AUTHORITY AND THE
SIGNATORIES AGREE AS FOLLOWS:
1. Exhibit B to the Memorandum of Understanding is deleted in its entirety and is replaced
with a new Exhibit B attached hereto and made a part hereof.
2. Except as provided in this Agreement, all other terms of the Memorandum of
Understanding remain in full force and effect.
3. This Agreement may be executed in counterparts without affecting its validity.
IN WITNESS WHEREOF, each of the parties named herein have agreed to this First
Amendment to the Memorandum of Understanding, effective the date first written above. Each
signer is an authorized representative of the entity.
ATTEST: BOARD OF COUNTY COMMISSIONERS, as the
DWIGHT E. BROOK, Clerk COLLIER COUNTY AIRPORT AUTHORITY
AP
`•? r 1-&ittt
By:
Attest as Clerk DONNA FIALA, CHAIRWOMAN
signature only.
Approved as to form and legality:
'kCk
H idi Ashton-Cicko
Managing Assistant County Attorney
[16-APA-00337/1297843/1161 rev. 10/25/16 Page 2 of 3
4
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CONSERVANCY OF SOUTHWEST IZAAK WALTON LEAGUE OF
FLORIDA, INC. AMERICA, INC. (FLORIDA DIVISION)
By: IBy:
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NATIONAL AUDUBON SOCIETY, INC.
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FLORIDA AUDUBON SOCIETY, INC.
LTeeckc4-
By:
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ENVIRONMENTAL DEFENSE FUND,
INCORPORATED
By:
Its:
[16-APA-00337/1297843/1161 rev. 10/25/16 Page 3 of 3
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CONSERVANCY OF SOUTHWEST IZAAK WALTON LEAGUE OF
FLORIDA,INC. AMERICA,INC.(FLORIDA DIVISION)
By: r. By:
Its: tusIts:
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NATIONAL AUDUBON SOCIETY,INC.
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Its:
FLORIDA
FLORIDA AUDUBON SOCIETY, INC.
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By: EC IL trA- felz-
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ENVIRONMENTAL DEFENSE FUND,
INCORPORATED
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(116-APA-00337/1297343/1161 rev. 10/25/16 Page 3 of 3
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CONSERVANCY OF SOUTHWEST IZAAK WALTON LEAGUE OF
FLORIDA,INC. AMERICA,INC.(FLORIDA DIVISION)
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By: I. BY:OfG /4 L F. c ye44WEr<{
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FLORIDA AUDUBON SOCIETY,INC.
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ENVIRONMENTAL DEFENSE FUND,
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(16-APA-003371129784311)61 rev.10125/16 Page 3 of 3
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CONSERVANCY OF SOUTHWEST IZAAK WALTON LEAGUE OF
FLORIDA, INC. AMERICA, INC. (FLORIDA DIVISION)
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NATIONAL AUDUBON SOCIETY, INC.
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FLORIDA AUDUBON SOCIETY, INC.
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ENVIRONMENTAL DEFENSE FUND,
INCORPORATED
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[l6-APA-00337/1297843/1}61 rev. 10/25/16 Page 3 of 3
1603
LEGAL DESCRIPTION (NOT A SURVEY)
MARCO ISLAND EXECUTIVE AIRPORT
LIMITS OF DEVELOPMENT AREA
A PARCEL OF LAND LYING IN AND BEING PART OF SECTION 26 AND 35,TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF TRACT"Q"OF MARCO SHORES UNIT
ONE AS RECORDED IN PLAT BOOK 14 AT PAGES 33 THROUGH 38 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;THENCE ALONG THE EAST LINE OF SAID
TRACT"Q", SOUTH 11°59'55" EAST,A DISTANCE OF 71.18 FEET TO A POINT ON THE
WEST LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2034 AT PAGE
1261 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,AND THE POINT OF
BEGINNING OF THE LANDS HEREIN DESCRIBED;THENCE NORTH 77°59'56" EAST,A
DISTANCE OF 175.00 FEET;THENCE NORTH 12°00'00"WEST,A DISTANCE OF 220.00
FEET;THENCE NORTH 78°00'05" EAST,A DISTANCE OF 610.00 FEET;THENCE
SOUTH 12°00'00" EAST,A DISTANCE OF 5620.00 FEET;THENCE SOUTH 78°00'00"WEST,
A DISTANCE OF 610.00 FEET;THENCE NORTH 12°00'00"WEST,A DISTANCE OF 4230.00
FEET;THENCE SOUTH 78°00'00"WEST,A DISTANCE OF 625.00 FEET; THENCE
NORTH 12°00'00"WEST,A DISTANCE OF 668.46 FEET TO A POINT ON THE EASTERLY
BOUNDARY OF TRACT"Z"OF HAMMOCK BAY AS RECORDED IN PLAT BOOK 39 AT
PAGES 14 THROUGH 19 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE EAST LINE OF SAID TRACT"Z", NORTH 20°41'20" EAST,A
DISTANCE OF 27.92 FEET TO THE NORTHEAST CORNER OF SAID TRACT"Z", BEING
ALSO A POINT ON THE SOUTH LINE OF THE RIGHT-OF-WAY PARCEL DESCRIBED IN
OFFICIAL RECORDS BOOK 5282 AT PAGE 19 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA;THENCE ALONG SAID SOUTH LINE, NORTH 84°45'47"WEST,A
DISTANCE OF 153.41 FEET;THENCE NORTH 00°52'45"EAST,A DISTANCE OF 208.51
FEET TO A POINT ON THE NORTH RIGHT OF WAY OF MAINSAIL DRIVE, BEING ALSO A
POINT ON THE SOUTH LINE OF AFOREMENTIONED TRACT"Q";THENCE WESTERLY
94.48 FEET ALONG THE ARC OF A NONTANGENT CURVE, CONCAVE TO THE NORTH,
HAVING A RADIUS OF 1305.00 FEET AND SUBTENDED BY A CHORD WHICH BEARS
NORTH 87°02'11"WEST, 94.46 FEET,TO THE SOUTHWEST CORNER OF TRACT"Q";
THENCE NORTH 05°01'14" EAST,A DISTANCE OF 221.32 FEET TO THE NORTHWEST
CORNER OF TRACT"Q";THENCE ALONG THE NORTH LINE OF TRACT"Q",
SOUTH 71°10'58"EAST,A DISTANCE OF 11.81 FEET;THENCE NORTH 87°06'58"EAST,A
DISTANCE OF 65.19 FEET;THENCE NORTH 78°43'22" EAST,A DISTANCE OF 131.00
FEET;THENCE NORTH 68°49'23" EAST,A DISTANCE OF 109.49 FEET;THENCE
SOUTH 84°17'48" EAST,A DISTANCE OF 53.45 FEET; THENCE NORTH 53°43'05" EAST,A
DISTANCE OF 24.64 FEET;THENCE LEAVING SAID NORTH LINE OF TRACT Q,
NORTH 77°59'56" EAST,A DISTANCE OF 174.47 FEET TO THE POINT OF BEGINNING.
Exhibit B
SHEET 1 OF 2
N , ortheast ComeMARCO ISLAND EXECUTIVE AIRPORTTTTTTTTT 6 G 3
A Tract
"aP.O.C. Nva°oo'05"E1 LIMITS OF DEVELOPMENT AREA
L8 L9 ,6A0230
v_3SKETCH OF DESCRIPTION
\ L4 L5 L6 L7 NOTA SURVEY
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n9Ak !Ct \-22i ZET-- 10 ,
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-Pe 1 FSG,3:3-36 N 05°01'14"eg
Cl 221.32' t
N 84°45'47"W
N 00°52'45"E/' 153.41'
208.51' ____ Plat Boundary
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N 20°41'20,} Marco Shores Unit One
A%.V.AC)c EAS z 27.92' 11
PH.3, ,.,'4-1 i r''
'frn o °
o Airport Property Line
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GENERAL NOTES 11
PB=PLAT BOOK t1
PG=PAGE t
P.O.C.=POINT OF COMMENCEMENT t
P.O.B.=POINT OF BEGINNING t
1
1
e
Line Table t
1
Line Bearing Distance t
L1 S 11°59'55”E 71.18' 1
1
L2 N 77°59'56"E 175.00' i 26 25
L3 N 12°00'00"W 220.00' t 351 36
L4 S 71°10'58" E 11.81'
L5 N 87°06'58" E 65.19' 1
L6 N 78°43'22"E 131.00' t
L7 N 68°49'23"E 109.49' }
L8 S 84°17'48"E 53.45' 1k
5
L9 N 53°43'05"E 24.64'
L10 N 77°59'56"E 174.47' t
Curve Table
9
Curve' Chord Bearing Chord Distance Arc Length Radius
Cl IN 87°02'11"W 94.46' 94.48' 1305.00'
-1
i
S'ia°00�� W
0 200 400 800 Feet \4�%`
I i l i l SHEET 2 OF 2