Agenda 05/23/2017 Item #11D05/23/2017
EXECUTIVE SUMMARY
Recommendation to consider the offer from Winchester Lakes Corporation and Francis and Mary
Hussey to enter into a public private partnership with the County and ultimately transfer title to
the County for the property located in Sections 29 and 32, Township 49S, Range 27E.
OBJECTIVE: To provide a prospectus received regarding 962 +/- acres located three miles east of
Collier Boulevard and directly north of Alligator Alley and obtain Board of County Commissioners
(Board) direction on pursuing appraisals.
CONSIDERATIONS: On June 11, 2013, the Board discussed bringing offers received for land sales to
the Board for consideration and potential action on Item 15B.
The Hussey property, as depicted on the attached Location Map, is comprised of 962 +/- acres with 578
+/- acres designated as RFMUD Receiving Lands and 384 +/- acres designed as RFMUD Sending Lands.
In September 2002, Francis and Mary Hussey and Winchester Lakes Corporation filed a claim under the
Bert Harris Act in a dispute relative to sending land designation for Section 32 property, and a claim
challenging the constitutionality of the Rural Fringe Amendment pursuant to Article X Sec. 6(a) of the
Florida Constitution. The Board approved the attached Settlement Agreement on February 12, 2013, Item
12B. Subsequently, the Florida Wildlife Federation and the Collier Audubon Society appealed that
settlement. Pursuant to a recent appeals court decision, the settlement prevailed. One component of the
Settlement Agreement provided for the re-designation of 578 acres from Sending to Receiving Lands,
which increase the development density.
On May 8, 2017, an email and prospectus was received from Joseph Bonness, President of Winchester
Lakes Corporation, on behalf of that corporation and Dr. and Mrs. Hussey. A copy of the email and
prospectus is attached for Board review. Staff confirmed that the potential offer for sale of the property is
not contingent upon a public/private partnership between Collier County and Winchester Lakes for
mining activities. A purchase price was not provided.
The property is centrally located within the County. It is in close proximity to highway access and along a
future planned County arterial roadway. The property has been identified to have an abundance of high
quality limestone reserves suitable for road construction. The property also has residential development
rights and has the potential for passive and active recreation. Due to the land characteristics, size, and
location, the property has the potential to be a strategic acquisition. In order to properly evaluate this offer
and bring back scenarios and recommendations to the Board, staff will need to explore the pros and cons
of a public private partnership and seek a single appraisal for the option of a straight purchase.
Should the Board elect to evaluate the public private partnership, staff estimates that a preliminary
planning and engineering review can be accomplished for less than $25,000. In order to pursue appraisals,
pursuant to Ordinance 2007-28, two real estate appraisals must be obtained for fee and easement
purchases more than $2,500,000. The cost to obtain two independent, state certified appraisals is
$13,000. The Board has the option to initially obtain one appraisal to determine market value; however, a
second appraisal would be required prior to the property being acquired.
FISCAL IMPACT: Funds are available in an amount not to exceed $50,000 in the general fund to
execute the Board’s collective will.
GROWTH IMPACT: None at this time.
11.D
Packet Pg. 162
05/23/2017
LEGAL CONSIDERATION: This item has been reviewed by the County Attorney, raises no legal
issue at this time, and requires majority vote for direction. -JAK
RECOMMENDATION: To direct the County Manager or his designee to evaluate the public private
partnership proposal and to obtain a single appraisal; and to authorize due diligence expenditures, not to
exceed $50,000, and bring back the evaluation with recommendations.
Prepared by: Toni A. Mott, Manager, Real Property Management, Facilities Management Division
ATTACHMENT(S)
1. Letter to Commissioner Taylor RE HHH Ranch property (PDF)
2. LOCATION MAP (DOCX)
3. Settlement Agreement (PDF)
4. Joseph Bonness - Email dated May 8, 2017 (PDF)
11.D
Packet Pg. 163
05/23/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.D
Doc ID: 3181
Item Summary: Recommendation to consider the offer from Winchester Lakes Corporation and
Francis and Mary Hussey to enter into a public private partnership with the County and ultimately transfer
title to the County for the property located in Sections 29 and 32, Township 49S, Range 27E. (Toni Mott,
Manager - Property Acquisition & Construction Management, Facilities Management Division)
Meeting Date: 05/23/2017
Prepared by:
Title: Manager - Property Acquisition & Const M – Facilities Management
Name: Toni Mott
05/09/2017 2:19 PM
Submitted by:
Title: Division Director - Facilities Mgmt – Facilities Management
Name: Dennis Linguidi
05/09/2017 2:19 PM
Approved By:
Review:
Public Utilities Department Margie Hapke Additional Reviewer Completed 05/09/2017 4:07 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 05/09/2017 4:11 PM
Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 05/10/2017 8:25 AM
Facilities Management Dennis Linguidi Additional Reviewer Completed 05/10/2017 8:33 AM
Public Utilities Department Heather Bustos Level 1 Division Reviewer Completed 05/10/2017 8:46 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 05/13/2017 8:23 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/15/2017 8:08 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 05/15/2017 9:39 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/17/2017 2:14 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/17/2017 2:58 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/23/2017 9:00 AM
11.D
Packet Pg. 164
Francis D. Husssey, Jr. MD
Diplomat of the American Board OF Neurology and Psychiatry
Board Certified in Neuroimaging
Board Certified in Pain Management
115 CPW, 26 F 1350 Spyglass Lane
New York, NY 10023 Naples, Fl. 34102
2L2-799-5930 239-659-3251
Collier County Commision Regarding HHH Ranch Property
Dear Commisioner Taylor
We ask for Collier County to consider entering an agreement to purchase the 1010+/- acre HHH Ranch,
facilitated with a Public Private partnership with Winchester Lakes Corporation to mine portions of the
property that would in turn fund the purchase of the Ranch. lf the mining venture was structed properly
the County would be acquiring the property at no cost.
The Ranch is situated adjecent and north of Alligator Alley four miles east of Collier Blvd. The ranch sets
atop a deposit of high quality limestone that is of strategic value and a limited resource now in collier
County. The location is central to Collier County alongside the urban boundry, very close to an interstate
activity center that would provide event infrastructure if the Ranch is used for crowd drawing atractions
and park events.
Collier County's ownership could be benificial for future parks, control of endangered RCWS nesting and
foraging sites, and preserve greenspace for future generations.
We have met with staff and they approve moving forward with an investigation of this opportunity.
Joe Bonness
President
DR. Francis Hussey Jr.
HHH Ranch
Winchester Lakes Corporation 1350 Spyglass Ln
9696 Bonita Beach road suite 101 Naples Florida 34102
11.D.a
Packet Pg. 165 Attachment: Letter to Commissioner Taylor RE HHH Ranch property (3181 : Francis & Mary Hussey Interest to Sell Property)
Hussy Property Location Map
HUSSEY PROPERTY LOCATED IN SECTIONS 29 AND 32, TOWNSHIP 49S, RANGE 27E
11.D.b
Packet Pg. 166 Attachment: LOCATION MAP (3181 : Francis & Mary Hussey Interest to Sell Property)
IN THE CIRCIJrr cotlRT OF THE TWENrIETH JLDICIAL CIRCUIT
IN AN FOR COLLIER COllNrY,FLORIDA
FRANCIS D.HUSSEY,JR and MARY P.HUSSE■
husband and wife;and uCHESTER LAKES
CORPORA■ON,a Florida coToratioll,
Plaintinも,V.
COLLER COIINTY,a pO■tt subdi宙 sion ofthe
State ofFlori山 曝THE HONORABLE CHARLIE CRIST,
Govmor ofthe State ofFlori&彎 and the FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS,
Defendants.
FLORIDA MLDLIFE FEDERATION and
COLLIER COtJNTY AUDUBON SOCETL NC.
Case No.: 08‐6933‐CA
Collsoudated宙 th
Case No.:08‐6988‐CA
htervenors.
SEAN HUSSEY,Successor T―etoJOSE LOMBLLO,
Tmecand EDUARDO PEREIRO,Tutee,
PlaintifFs,
V.
COLHER COUNTY,a p01itical subdi宙 sion ofthe
State ofFlα id眈 1羽 E HONORABLE CHARLE CRIST,
Govemor ofthe State ofFlondai and」℃FLORIDADEPARTMENT OFCOmrrY AFFAIRS,
Defendants.
FLORIDA VⅦLDLIFE FEDERAIION and
COLLER COUNTY AUDUBON SOCIETY,INC.
Intervenors.
Case No.:08‐7025‐CA/11.D.c
Packet Pg. 167 Attachment: Settlement Agreement (3181 : Francis & Mary Hussey Interest to Sell Property)
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT is made and entcrcd into this la$a of
Fcbruary,2013, by and bet*,een Francis D. Hussey, Jr., Mary Pat Husscy, Sean Hussey,
Trustcc, Mike Boran, Co-Trustcc of the SR 846 Land Trust, Ronald L. Browq Co-
Trustee of the SR 846 Land Tnrs! Joseph Bonncss, Prcsident of ny'inchester Lakes, Inc.,
and HHH lnvestrncnts, L.P. (the "Omer') and Collicr County, Florida, a political
suHivision of the Statc Floida (the "County).
WHEREAS, thc PIAiNtiffS, FRANCIS D. HUSSEY, JR, ANd MARY P.
HUSSEY, husband and wifc, (the "Husscys') are the fee owncrs of ccrtain real property
within Sections 29 and 32 of thc arca within Collier County commonly referred to as the
North Bcllc Meade (thc "HFIH Ranch'); and
WHEREAS, The Plaintitr, MNC}IESTER LAKES CoRPoRATIoN
("Winchester lakes) holds a leasehold int€rest in the HHH Ranch and holds contractual
dghts to zubsurface minerals includiag the underground rock and a contractual right to
share in the procccds of this action; and
WHEREAS, the Husseys and Winchester lakes havc filcd a claim against Collicr
County udcr Florida Statutes $ 70.001 (the "Bert Harris Act'), and havc also filed claim
challeaging the constitutionality of the Rrnal Fringe Amendments pursunt to Article X
Sec. 6(a) ofthe Florida Constitution; and
WHEREAS, the partics wish the settlc this disputc on the tcrms and conditions set
forth below.211.D.c
Packet Pg. 168 Attachment: Settlement Agreement (3181 : Francis & Mary Hussey Interest to Sell Property)
WITNESSETH:
NO% IHEREFORE, in consideration of Tcn Dollars ($10.00) and other good
and valuablc consideration amongst the parties, and in consideration of the
coveDmts cootained hereiq thc partics agee as follows:
l. Incoraontion by refcrence. All of thc above RECITALS are tnre and
conect and re hetcby expressly incorporated herein by refcreirce as if set fotth fully
below.
2. Nature of thir g3tt[63af. This Scttlemcnt Agreemeirt involves an
exchangc of dwelopnent betweea tulo large prcels located within thc Rural Fringe
Mixed Use Distict @FMUD) of Collier County. The first component changes the
dcsignation of 578 acles of that land known as the "Hussey lanrls" fiom Sending to
Recriving Lands. The second componeN$ ohanges the designation of 578 ames of that
land known as the ..SR 846 Lands" from Receiving to Sending Lands. By this exchange,
the balance of developmort rights within the Rural Fringe Mixcd Use District remains
substarfially the same. Additional considerations are detailcd below
TheIlulstlr'Lmds
3. The Hussey Lands are graphioally deprctd in E &ihit A, md comprise a
total of 1,110 acres. Thesc lands re locared within the Rural Fringe Mixed Use District
and arc all currently designated as Scnding Lads. Exhibit A approximately depicts how
the Hussey Lands are to be divided, Thc 578 acres north of the boundary line will be
changed Aom Sending to Recciving lands, and Collier Cormty will amend the Frsurc
Land Use lvlap designation of these 578 acres accordingly. Exhibit B contains the legal
description of ttrese 578 acres, which shall define and conrol which tands have been
r€dcaigDdd as Recciving lands, The reruaining 523 acres of the Husscy Lands will
remain sending Lands. The early entry TDR bonus density credit shalt be exteirdcd for
three (3) yean for these Sending Iands after approval by the Court ofthis Agr€elnerf, or3 11.D.c
Packet Pg. 169 Attachment: Settlement Agreement (3181 : Francis & Mary Hussey Interest to Sell Property)
such othq date as may be extended generally for other RFMUD Sending Lands,
whichevcr is the later date.
4. Within 180 days following the efrective darc of this Settlemcnt
Agrecmcnt the Husseys shall decd to the County one hrmdred and eighty (180) feet of
right-of-way for thc futurc Wilson Boulevard Extension @lackburn Road) along the
soulhcm prcperfy line of the HrIH Ranch. Thc de.dicated land is depicted on Exhibit C,
and comprises approximately 22.318 acres. The Owner will reccive $55,795 in road
impact fee credits for this dedication, valued at $2,500 pet acre. These road impact
cr€dits shall inure to the b€nefit of the Hussey Lands, and will run in papetuity. No
further consideration will be due to the Husscys for this dedication, inespective of
whether the Impact Fee Credits are or c8n be utilized in whole or in part. The right of
way and stomr^rater parcels will bc transfen€d to the County in fee simple, by statutory
wmanty deed, subject to eas€rnents and reservations of record. The Comty shall be
respousible for paying the costs of any title work and searches, and the Husseys shall be
responsible for all costs incurred in promptly removing or curing all liens, encumbrances
or deficiencies revealed in any title work, following which the Husseys will provide the
Office of the County Attorney with an executed deed, suitable for recording. Upon
rcccipt, thc Courty at its cost will record the deed in the Public Records of the County.
The Husseys will bc permitted access onto the future Wilson Boulevard Extension for
reside,ntial and agricultural uses, with at least two tie-in locations that permit left tums in.
The Husseys may be pcrmitted access onto the future Wilson Boulevard Extension for
thc hauling of excavatcd materials, which acccss will be subject to the conditions ofany
excavation pcrmits or conditional use that may be obtained. The Husseys' entitlements to
density and TDRs shall include the area dedicated ro ttre County idcntified in Exhibit C.
5. The HIIH Ranch lands shall be zubject to the Prcscrvation and Native
Vegetation Retention Standards within CCIvIE Policies 6.1.2 and 6.1.5 based upon the
existing native vegetation as depicted by a FLUCCS Map, which Map shall be prepared
by the Husseys, subject to approval by the County. This Map is to be prepared and
presented to thc County for review within 180 days of the effective date of this4 11.D.c
Packet Pg. 170 Attachment: Settlement Agreement (3181 : Francis & Mary Hussey Interest to Sell Property)
Ag€emcnt. Thc partics will cooperate with one another to ensutr a mutually agreeable
FLUCCS Map.
The SR 346 L8■山
6. The SR 846 lands are graphically depicted in Exhibit D, and comprise a
total of 2,576 acres. These lands are locatcd within the Rural Fringe Mixed Use District
and arc currently designaGd as Receiving Lands, As detailed bclow, 578 acres of the SR
846 Lsnds will bc convcrted from Rccciving to Scnding Lands, in order to mirror the 578
acrcs of Hussey Lanrts bcing convcrted from Sending to Rccciving Lands. The
remaining 1,998 acres shall rcmain dcsignated as Receiving Lads. Exhibit E sets forth
the Legal Description ofthe SR 846 l,ands.
7. Exhibit D appmximarcly depicts the SR 846 l^ands to bc divided into
Sending and Receiving Lands. The 578 acrcs which are denoted by the appropriatc hash
mark will be changcd from Rccciving lrnds to Sending Lands, and Collier County will
amend the Futurc land Usc Map designation of thesc 578 acres accordingly. There is
presently no Legal Description for thcsc proposed Receiving and Sending Lands. At the
time the SR 846 Lands are developed, or when TDR rights are severed, the owner of the
SR 846 lnnds may make minor chenges to the depicted arcas, and at such time a Legal
Description defining thc 578 acre Sending tract and the 1,998 acres of Receiving tract(s)
shall be peparcd and forwarded to the County. The County Manager or his designee is
authorizcd to adminiscatively dctcnnine whether thc chrnges to the depicted areas
constitute a minor chaoge, with any objcction subjcct to a de novo rcview by the Board of
County Commissionen. Any major changes to the depicted areas must bc approvcd by
majority votc of the Board of Cormty Commissionets.
8. Thc SR 846 Irnds may be developed in accordance with the provisions
herein or the RFMU District generally as may be anendcd (or a combination thereof on
separate parc€ls). One road may bc provided in the Sending Lands to facilitate a
connection to Lnmokalee Road. The early entry TDR bonus density credit shall be
11.D.c
Packet Pg. 171 Attachment: Settlement Agreement (3181 : Francis & Mary Hussey Interest to Sell Property)
extcnded for three (3) years for the Sending Lands after approval by the Corut of this
Ag€ement or such other date as may be extended generally for other RFMLJD Sending
[.atrds whichcver is the later date. A Conditional Use for earthmiuing and extraction was
previously approved for this property @esolution No. 2012-15), a portion of which is
changed from Receiving to Sending Lands by this Agreement. Earthmining and
extastion are no longer permitt€d on SR 846 Sending Lands and no amendment of
Resolution No.2012-15 is necessary to cnforce this prohibition on eartbmining and
extractions on the SR 846 Sending Lands. Nothing in this paragraph shall confer any
mining rights on the Husscy Lands.
Leral Matters
9. Non-admission of lirbility. It is understood and ageed that this
Settlement Agrcement is the compromise of disprned claims, and that nothing contained
herein shall be construed as an admission of liability, fault or responsibility as to any
claims or allegations on the part of any party, which liability is expressly denie.d.
10. Mutual Gcnerel Release, Each of the parties signing below, on behalf of
themsclves, their fonner and present employees, agents, offic€rs, directon, servaots,
rcpresentatives, insurqs, assigns and prcdccessors and successors in interest, hereby
releases and forever discharges each and evcry other party signing below, togettrer with
their fonner and preseot employees, agents, officers, directors, serants, represelrtatives,
insurers, assigns, and predecessors and successors in interest, from any and all claims of
whatcver nature or description, which relate to, arise Aorr, or could have been alleged, in
the above captioned lawsuits.
11. Voluntely Execution. This Agreernent contains the entirc agr€ement
between the parties hercto regarding the resolution of their disputes. The parties
acknowledge that this Agreement is freely and voluntarily executed after they have been
apprised of all relevant inforrration conceming the Agreement and that they have had the
opportunity to consult with and receive thc advice of counsel in entering into this
11.D.c
Packet Pg. 172 Attachment: Settlement Agreement (3181 : Francis & Mary Hussey Interest to Sell Property)
Agrccment In executing this Agreement, the parties acknowledge that they bave not
rclied on any induccnreots, pmmises, or repr€seotadons 6ftsr thnn those contained
h€r€h' This Agrecment is thc product of muhral ncgotiation and no doubtfirl or
ambiguous pmvision that may exist in this AgrEemsnt is to be constsued against any of
thc parties bascd upon a claim that one of thc parties draftcd the Agrc€menr, or that the
languagc ofthe Agrecmcnt was intended to favor one ofthe parties.
12. Goverdng hw. This Agrecmcnt shall bc dcsned to havc been made and
to bc performd and shall be interprcted, constn ed and enforce4 in accordance with thc
Iaws ofthe State of Florida
13. Multlple Counterparh, This Agreement may bc executed by the parties
in identical countcrparts, whicll taken togethcr, shall constitute a completc original.
14. Modificrtions. This Agreement cannot bc amended, modified or
amplified orcept by agrc.ment and writtcn documen! which is siped by all partics
hq€{o. No oral statcment made by any pcrson slrall operate to modiS this Agreement in
any manncr or otherwisc affect its trrms and provisions,
15. Severebility. In thc cvcnt that any term or p,rovision ofthis Agrcement is
deemed unenforceable or unlawful for any reason, the rcmaindcr of thc Agreemcnt shall
be dcemed enforccable and in effect.
16. Enforcetblllty md Adoption. This Agrccment is effective upon the date
it is approvcd by thc Board of County Commissioners of Collier County, Florida This
Agrecment is subject to aprproval by thc Court. Upon apgoval by the Court and thc
expiration of the time within which for any third partics to appeal, or the upholding of
this scttlemcnt with finality, if so appealed, this acti., will be dismissed with prejudice.
17. Non-wrlver. The failure of either party to cnforce at any timc any of the
provisions of this Agrecment shall rot constitut a waiver of any zuch provisions.
11.D.c
Packet Pg. 173 Attachment: Settlement Agreement (3181 : Francis & Mary Hussey Interest to Sell Property)
18. Authority to Bind. The signatories hereto each warrant and represent that
they have the requisite authority to enter into this Agreement on behalf of the respective
party.
Remainder of Page Intentionally Left Blank.
Signatur€ Pages and Exhibits to Follow.811.D.c
Packet Pg. 174 Attachment: Settlement Agreement (3181 : Francis & Mary Hussey Interest to Sell Property)
l‐17‐13H“scy SA―餃
“
Vl‐31‐13,VaJK&2‐1‐13 dw
NⅥ困ESS WttREOR tt μdeshe“to have causd thls Agreemem b be
executcd by thcir apprOpriatc ofEcials,as ofthc datc flrst abovc wrlttcn.
Attest:
DWIGHT E BROCK,Clerk
… υ
BOARD OF
COLLIER
COMMISS10NERS
FLORIDA
HILLER,ESQ
OMAN
Michael J. Boran, Co-'Irustee
SR 846 Land Trust
Ronald L. Brown, Co-Trustee
SR 846 Land Trust
HHH Investments, LP
By: HHH Investments I,GP
Francis D. Hussey,President
Francis D. Hussey, Jr.
inchester Lakes, Inc.
oseph Bonness, President/911.D.c
Packet Pg. 175 Attachment: Settlement Agreement (3181 : Francis & Mary Hussey Interest to Sell Property)
1‐17・ 13 Hussey SA―REV I`1‐13 JV“K&2・ 1‐13 dw
STAコ E OF FLORIDA
COUNTY OF COLLIER
The foregoing hs―ent was acknowledged before me this 留 夕｀day of
Febmary,2013,by May Pat Husscy,who is persOllally knom to mc―or who has
produced
STATE OF FLORIDA
COUNTY OF COLLIER
h fOregO¨―Cnt Was aChOWledgd“
蹴 訛 護 棚February,2013,by Francis D.Hussey,Jr.,、vho is person」
has produced り琲 ′
撚蝙装些夕"VADlRA P V〔GA
Notary P■b,ic‐Stato o,FI●:ida
Mソ Comm bp:res Jan 22.2015
Commisslon″EE 49019
IIrou0h ilalional otary At!fl.
STATE OF FLORIDA
COUNTY OF COLLIER
Ъ e foregohg ttmmem was“knOlvledged beお rc mc his∠dり of
Febury,2013,by Scan Hussey,as Tmstec,who ls personally known to mc_ノ or whO
has produced9 as identification.
11.D.c
Packet Pg. 176 Attachment: Settlement Agreement (3181 : Francis & Mary Hussey Interest to Sell Property)
1‐17‐13 Hus彎 SA―REV l`卜 13 JVttK&21■3 dw
STATE OF FLORIDA
COUNTY OF COLLIER
Thc forcgoing ins―cnt、″6 acknowlcdgod bcforc mc this______day of
February,2013,by MichaclJ Boran,as Co‐Tstcc ofthe SR 846 Land Trust,on bchalf
ofsuch mst,whO is personally known to mc____or who has produced
as idenlflcation
Notary Public
Prlnt Nalnc:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF COLLIER
ne fOregOing instnlment was adknowlcdged bcfore me this______day of
Fcbmary,2013,by Ronald L Brown,as Co‐Trustcc ofthc SR 846 Land Trust,on bchalf
ofsuch mst,whO is Personally known to inc____or WhO has produced
as identiflcation
Notary Public
Print Name:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing inst―ent was acknowledged before me this day ofh
Febma光 20B,by b“ph Bomぃ もぉPК JdcmofⅥncw訛 常::鷺 'τ 塚鷺h。corporation,on bchalfof such corpOratlon,、″ho is pcrsonι
has produced
Commissidn Expires:
10
「。Fり 淵[:ξ 鰍lmm・.rγ ::1lis:織 IT::1:il:こ 15
11.D.c
Packet Pg. 177 Attachment: Settlement Agreement (3181 : Francis & Mary Hussey Interest to Sell Property)
IN W1lNESS WIIEREO■the panes herao h～e caused ths Agreementto be
ex∝uted by their approprlate ofrlcials、as ofthe date nrst above wdten
Atesti
DWIGHT E BROCK,Clerk
, Deputy Clerk
Mary Pat Hussey
Sean Hussey, Trustee
HIIH Investments. LP
By: HHH Investments Corp. L, GP
Francis D. Hussey, Jr., President
BOARD OFCOUNTY COヽ 6`ISS10NERS
COLLIER COUNTゝ FLORIDA
GEORGIA A HLLEヽ ESQ
CHAIRヽ VONIAN
Francis D. Hussey, Jr.
Winchester Lakes, lnc.
Joseph Bonness, President
MichGl J. Boran, Co-Trustee
ld L Bro、vn、Cof
10
By:Bvi
11.D.c
Packet Pg. 178 Attachment: Settlement Agreement (3181 : Francis & Mary Hussey Interest to Sell Property)
l‐17‐13 Husscy SA―REV 131‐13 JV“K&2・ 1・ 13 dw
STATE OF FLORIDA
COUNTY OF COLLIER
Lcお
“
go睫 縮tumed was acho口 edgcd bcお
“
me ms型 生 dり of
Fcbruaγ ,2013,by Francis D Husscy,Jr,PrcJdcnt of HHH Investrncnts Corp I,a
Delawarc corporation,authorized to do business in thc state of Florida,which is the
General Parmcr Of HHH Investments L.P,a Delaware limited評 耐ncrship audlorized to
do business in the state of $orida, on behalf of such limited partnership, who is
personally known to ^" u/o, who has produced
as identification.
allac:ftd; r-s e /'g-
ommisslo Expires:_曽,vttξ 指摯蕊
Iシ l:]冊 s::|デ ::1:il:
11.D.c
Packet Pg. 179 Attachment: Settlement Agreement (3181 : Francis & Mary Hussey Interest to Sell Property)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this_7`day of
Februarv,2013,by Ⅳ[ichael J Boran,as Co―Tnistee ofthe SR 846 Land Trust,on behalf
of such trust,who is per,onally knowp to me___or who has produced
as identirlcatiOn.
My Commission Expires. fu,2 lt , zut4
STATE OF FLORIDA
COUNTY OF COLLIER
The foregdng instrument was acknowledged before meths 7‐こ day of
February,2013,by Ronald L Brown,as Co―T■lstee ofthe SR 846 Land Trust,on bchalf
of such trust,whO is personany known to rnc_or whO has prOduced
as identiflcation
鰈
STATE OF FLORIDA
COUNTY OF COLLIER
Notav Public
P●nt Name: 乙・■.十 ′、″ヽrtt ll“JMy CommisJon Ex口 ",μ ∋l二 おけ
The foregoing instrument was acknowledged before me this day of
February, 2013, by Joseph Bonness, as President of Winchester Lakes, Inc., a Florida
corporation, on behalf of such corporation, who is personally known to me or who
has produced as identification
Notary Public
Print Name:
PHntttame:_こ iノ メ.″ヽにl14
My Commission Expires
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Packet Pg. 180 Attachment: Settlement Agreement (3181 : Francis & Mary Hussey Interest to Sell Property)
EXHIBIT A
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Packet Pg. 181 Attachment: Settlement Agreement (3181 : Francis & Mary Hussey Interest to Sell Property)
EXHIBIT B‐HHH Ranch Receiving Lands
l. Within Section 29,Tomship 49,Range 27;parcels:
00328560002
294927E1/2 0F SE1/4,NW1/4 0FSE1/4,E1/20FSW 1/4 0F SE1/4,NW
1/4 0FSW1/4 0FSE1/4,N1/2 0FSE1/40FSW 1/4,NE1/40FSW 1/4,E1/2
0FNW 1/4 0FSW 1/4,SW1/4SE1/4SW 1/4,W1/2 0F SE1/4 0F SE1/40F
SW 1/4,SE 1/4 0FSW1/40FSW 1/4,E1/20FSW 1/40FSW 1/4 0F SE1/4,
00331320000
29 49 27 SE1/4 0F SE1/4 0F NE1/4
00330480002
294927E1/2 0FSW1/4 0FSW1/4 0F NE1/4
00328640003
294927E1/2 0F SE1/4 0F SE1/4 0F NW1/4+W1/2 0FSW1/4 0FSW1/40F
NE1/4
00329240004
294927W1/2 0FSW1/4 0FSW1/4 0F SE1/45 AC.OR 1342 PG H29
00330840008
294927E1/2 0F SE1/4 0F SE1/4 0FSW1/45 AC.OR 1342 PG 969‐970
2. ‐Ntthm 279 acres ofSedon 32,Tonship 49 Smに hnge 27 East
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Packet Pg. 182 Attachment: Settlement Agreement (3181 : Francis & Mary Hussey Interest to Sell Property)
1.
EXHIBIT B―m Ranch Sending Lands
■E Southm 375 acres ofSectilon 32,Tomship 49 Sou幌 Romge 27 D醐 しleSS
and exptanylandsせ 威 wee previously taken for bighway dght ofway.
Witth Section 33,Tomsbip 49 SoutL Range 27 East;p―ls
00344240005
334927W1/2 0F S1/2 0F S1/2 0F N1/2 0F N1/2 0FNW1/4
00343760007
334927W1/2 0F N1/2 0F N1/2 0F S12 0F N1/2 0F NW1/4
00345280006
334927W1/2 0FS1/2 0F N1/2 0F S1/2 0F N1/2 0F NW1/4,LESS W 35Fr
00343080004
334927W1/2 0F N1/2 0F S1/2 0F S1/2 0F N1/2 0F NW1/4LESS W 3,
00342840009
334927W1/2 0F S1/2 0F S1/2 0F S1/2 0F N1/20F NW1/4 LESS W 35F「
00344040001
334927W1/2 0F N1/2 0F N1/2 0F N1/2 0F S1/20FNW1/4,LESS W 35F「
00344960000
334927E1/2 0F N1/2 0F N12 0FS1/2 0F N1/2 0FblW1/4,E1/2 0F S1/20F
S1/2 0F N1/2 0F N1/2 0F NW1/4 LESS E35 Fr
00342080005
334927N1/2 0F S1/2 0F S1/2 0F NE1/40FNW1/4,S1/2 0F N1/2 0F S1/2
0F NE1/40FNW1/4,LESS E 35F「
00344760006
334927E1/2 0F S1/2 0F S1/2 0F S1/2 0F N1/2 0F NW1/4N1/2 0F N1/20F
SE1/40F NW1/4,N1/2 0F S1/2 0F N1/2 0F SE1/4 0F NW1/4 UESS E 35F「
00344560002
334927E1/2 0F S1/2 0F S1/2 0F N1/2 0F S1/2 0F NW1/4,LESS E 35FT
∞34524111104
334927E1/2 0F N1/2 0F N1/2 0F S1/2 0F S1/20F NW1/4
00342200005
334927S1/2 0FS1/2 0FSW1/4 0F NW1/4 LESS S&W35Fr
11.D.c
Packet Pg. 183 Attachment: Settlement Agreement (3181 : Francis & Mary Hussey Interest to Sell Property)
00342760008
334927E1/2 0F S1/2 0F S1/2 0F S1/2 0F NW1/4 LESS E 35Fr&S35Fr
00345400006
334927N50FT OF NE1/4 0FSW1/4,E5CIFT OF S 280F「OF N1/2 0F IJE1/40F NE1/4 0FSW1/41.84 AC OR 36 PG 378
00342120004
334927N1/2 0F N1/2 0F NE1/4 0FSW1/4 LESS N+E50FT
∞342920000
334927S1/2 0F N1/2 0FNW1/4 0F SW1/4,LESS W 35Fr
00344520000
334927W1/2 0F N1/2 0F N1/2 0F S1/2 0F N1/2 0FSW1/4LESS W 3デ
00342600003
334927W1/2 0F S1/2 0F N1/2 0F S1/2 0F N1/2 0FSW1/4LESS W 35 F「
00344360008
334927E1/2 0F S1/2 0F N1/2 0F S1/2 0F N1/2 0FSW1/4,LESS E 35 FEET
00344640003
334927E1/2 0F N1/2 0F N1/2 0F S1/2 0F N1/2 0FSW1/4
00343200004
334927W1/2 0F S1/2 0F S1/2 0F S1/2 0F N1/2 0FSW1/4 LESS W 35 F「
00343840008
334927W1/2 0F W1/2 0F SW1/4 0FSW1/4 LESS W 50FT AND S50「rOR140 PG 336,LESS N 50F「OF S1011FT OR 201 PG 815
11.D.c
Packet Pg. 184 Attachment: Settlement Agreement (3181 : Francis & Mary Hussey Interest to Sell Property)
Exh:btt C
PRO」ECT NO Floma Rock Hou:R●●d′WILon Boulぃ ard E致 しnobnPRO」ECT PARCEL NO.1loFEEFOLЮ NOS.oo342040003&∞341000003
THE NO「田 180 FEET OF THE SOtlrH 280日 EET OFSECT10N 321TOWNSH:P49 SOUTHl RANGE 27 EAST,
00LL:ER COUNrY,FLOR:DA
(CON「A:N:N022.318 ACRES,MORE OR LESS)
SEC￢ON 32
―1断 7●飩
疇 嗜
…
…
…
・
………
嘲
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円
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Packet Pg. 185 Attachment: Settlement Agreement (3181 : Francis & Mary Hussey Interest to Sell Property)
Exhib“D~‐~T~ ~T型聖堅性__二_颯
“…
ICr MAP
O:EDES PLlhl Sa.vlc..\Cqlp.drandvdDtrrld\8..t H.rtt ddtl.ldtn if-l?.13 r.dalr.nt o&
■≧蟄謹攣鷺蛤
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Packet Pg. 186 Attachment: Settlement Agreement (3181 : Francis & Mary Hussey Interest to Sell Property)
EXH!BIT“E"
LECAL DESCR:PT10N SR 846 LANDS
鵠圧芳習騨黒♂呪fЪ ド:騨 躙ぽ∴認踊
l諌 警'(総 艦:11.D.c
Packet Pg. 187 Attachment: Settlement Agreement (3181 : Francis & Mary Hussey Interest to Sell Property)
Mo■Toni
From:
Sont:
To:
Subject:
Attach ments i
Joe Bonness lll <JoeBonnesslll@befterroads.net>
Monday, lvlay 8, 20'17 10:52 AM
MottToni
HHH proposal
HHH Ranch park.ppu
DearToni
The HHH Ranch is proposed to be purchased by Collier County for quarry and future park use.
The land is located three mileseast ofCollier Blvd and directly north ofAlligatorAlley.
HHH Ranch is composed of 962+/- acres with 578 acres designated as RFMUD Receivint Lands and 384 acres RFMUD
sending lands.
The land desiSnation is the results of a settlement agreement between Collier County defendant and Francis & Mary Pat
Hussey and Winchester Lakes lnc. as Plaintiffs.
It is envisioned that Collier County could purchase the ranch and the purchase repaid by excavation of portions of the
receiving land by Winchester Lakes lnc. The ranch has a vast reserve of hi8h quality lime stone that will produce FDOT
quality aSSregates and base rock materials. Mined to the maximum extent (80% coverage) could produce over 37 million
cubicyards (50 million tons) ofmaterial. As owners ofthe Ranch Collier County would makethe decision ofwhatwillbe
the best ratio ofexcavated lake to residual park lands.
Of benefit to the County is securing materials that will be needed for infrastructure construction in the future and
residual lands will provide a lake based park. The Ranch is closely located to major traffic corridors (951 & l-75) and will
be on future a long range plan corridor (Wilson Ext).
The lake or lakes will provide recreation, flood water storage as well as reservoir for water recharge and usage. The lake
willalso be a wild life attractor.
During the recent North Belle Mead wild fire, the Ranch and cleared pastures provided a dearly needed fire break that
helped deaden the fast movint wild fires from the east. A large body ofwater will provide this buffer in the future with
this proposal.
The Ranch has habitat for endangered species such as RCws, Panthers and Gopher Tortoise that Collier would preserve
and enhance.
The park land outside of mine lake will contain 5OO-7OO or more acres. Lake size is dependent on design.
The land is repaid by a combination of Mine Royalties, Plant Site Leases and TDRS
20-50 million tons Royalties
10- 25 million ton/cy product from plant sites
307 TDRS
Alternate uses and value of the land is for mining and housing development
11.D.d
Packet Pg. 188 Attachment: Joseph Bonness - Email dated May 8, 2017 (3181 : Francis & Mary Hussey Interest to Sell Property)
lf you need further explanation please call
Joe Bonness 239 825 4821
EXlllBr B‐HHH R回 由R“d耐 口B―
1.77枷 h nlm"ら ■輌 p49,b呼 277_L:
000m02
294927E12 0FSE:r4,NWir4 0F SE lr4,E12 0F SW ir4 0F SE lr4,NVJ
lr4 0FSWi4 0F SE]4N12 0FSE lr4 0F SW ir4,NE:4 0F SW ir4,E12
0F MⅣ lr4 0F SW ir4。SW ir4 SE:r4SW 14,W12 0FSE]r40F SE lr4 0F
SW ir4,SE lr4 0F SWir4 0F SW tr4,E12 0F SW lr4 0F SW ir4 0F SElr4,
的 moo
2949"SElr4 0FSElr4 0F NE:4
00m4002
294927E12 0F SWir4 0F SWir4 0F NE1/4
002Hm03
294927E12 0PSE1/40FSE140FN77:J4+Wi″OF SiVir4 0F SWir4 0F
NEl“
0004m04
29 4927 7712 0P SWir4 0F SWV4 0F SElr4 5 AC.OR 1342PG H29
oo―moo
294927E12 0F SElr4 0F SElr40F SW:r4SAC.OR 1342 P0 969‐970
2. TL N-2"“oF〔漱油m2￢い●ぬ饉p49象 Mに 閾口
"27D瞑
DCIIBIT B - Hltrl R.oct SadllS l-rdr
l. Th. ttoufum 375 re of Socbn 32, Tonasth f9 Sqrtu RrCc 2? Ed, tcg!
rod ciloet ry lr& lht rtrc prcvkrltty Ilca for Hglnrrry riita * .."y.
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Packet Pg. 189 Attachment: Joseph Bonness - Email dated May 8, 2017 (3181 : Francis & Mary Hussey Interest to Sell Property)
NORTH BELLE MEADE
SPECiAL USE AREA SUBDISttRICT
COLLIER COUNttY GROWttH MANACEMENT PLAN AMENDMENT
FUTURE LAND USE ELEMEN丁
LOCAT[D IN SECT10N 29, 51 AND 52, TOWNSHIP 49, RANGE 27
COLLIER COUNTY, FLORIDA9
GOLDEN CAT7
158 1416
帷u
1. :21
1仰 団 鉦
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LOCAT10N MAP-/|11.D.d
Packet Pg. 190 Attachment: Joseph Bonness - Email dated May 8, 2017 (3181 : Francis & Mary Hussey Interest to Sell
Ⅳlines and Landfi∥
NORTH BELLE MEADE
SPECIAL USE AREA SUBDISTRIC丁
COLL!ER COUNTY GROWTH MANACEMENT PLAN AMENDMENT
F∪T∪RE LAND USE ELEMENT
LOCATED lN SECT10N 29, 31 AND 32, TOWNSHIP 49. RANcE 27
COLに IER CouNTY, FLOR10A
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Packet Pg. 191 Attachment: Joseph Bonness - Email dated May 8, 2017 (3181 : Francis & Mary Hussey Interest to Sell
:釧
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Packet Pg. 192 Attachment: Joseph Bonness - Email dated May 8, 2017 (3181 : Francis & Mary Hussey Interest to Sell Property)
1.
1.
EXHIBr B_HHH R譴 "bR息 漸Mh8 L饉
Ⅵ働饉n Secliolt 2R Tomship49,Rm80 27;p錮
"ls:
0032030002
294927E12 0FSE1/4,NW1/40F SE lr4,E12 0F SW ir4 0F SE 1/4,NW
i/4 0FSWi/4 0PSE1/4,N12 0FSE14 0FSW i/4,NE1/4 0F SW ir4,E1/2
0FNW i/40FSW 1/4,SW ir4SE 1/4 SW 14 W ir2 0F SEIr4 0FSElr4 0F
S171/4,SE lr4 0F SWir4 0F SW i/4,E12 0FSW 1/4 0FSW 1/4 0F SE1/4,
00331320000
29 49 27 SElた OP SE1/4 0F NE1/4
oomoooo2
294927E12 0FSW1/4 0F SWir4 0F NE1/4
003280003
294927E12 0F SElr4 0F SE1/1 0F NWlr4+Wi2 0FSWi/4 0FSWi/40F
NElr4
00329240004
294927W12 0FSヽ Vir4 0F S■lr4 0F SE1/45 AC.OR 1342 PG l129
00330040003
294927E12 0F SElr4 0F SE1/4 0F SW1/45 AC.OR 1342 PG 969‐970
the Norebm 279 acI●●●rS"“n32 To―bip 49 SШ 軋Rm3027 ht
E)fiIBIT B - HHH Rrach S€trdiog Lrrds
Thc Southcm 375 accr of Scction 32, Torwbip 49 Souft, nlrgc 27 Eart, lcsr
ed orctpt any lmdr rhrt *rrr prGvidrsly tahcn for highuay righr of way.
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Packet Pg. 193 Attachment: Joseph Bonness - Email dated May 8, 2017 (3181 : Francis & Mary Hussey Interest to Sell
250 acres 21
million cy
320 acres
Receiving Land
heavy park use
:ト ビ。 ■.■1 -:75
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Packet Pg. 194 Attachment: Joseph Bonness - Email dated May 8, 2017 (3181 : Francis & Mary Hussey Interest to Sell