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Agenda 05/24/2011 Item #16E 5Agenda Changes Board of County Commissioners Meeting May 24, 2011 Continue Item 16139 to the June 14, 2011 BCC Meeting: To approve and authorize the Chairman to sign an amendment to the Collier County Hunger and Homeless Coalition (HHC) Subrecipient Agreement for the U.S. Department of Housing and Urban Development (HUD) Homeless Prevention and Rapid Re- Housing (HPRP) Grant approved by the Board on September 15, 2009, Item 161319. This amendment will allow for a revision of Exhibit A of the Subrecipient Agreement to accommodate the HHC request to no longer include Homeless Management Information System (HMIS) activities and to allow HHC to more fully expend grant funds. (Staffs request to modify back -up documents to satisfy County Attorney's requirements) Move Item 16E3 to Item IOD: Recommendation to approve the First Amendment to Lease Agreement, aka the cattle lease, for the Pepper Ranch Preserve under the Conservation Collier Land Acquisition Program and direct the County Manager, or his designee, to implement the Lease Amendment terms. (Commissioner Coletta and Commissioner Hiller's separate request) Move Item 16E4 to Item 10E: Recommendation to approve an Access Easement to the Florida Department of Environmental Protection (FDEP) and a Declaration of Restrictive Covenant which will allow FDEP to monitor the cattle vat clean -up site at Pepper Ranch Preserve and restrict public uses within the cattle vat clean -up site. (Commissioner Coletta and Commissioner Hiller's separate request) Move Item 16E5 to Item 1OF: Recommendation to authorize the release of $250,000 held in escrow to Lake Trafford Ranch, LLLP, the Seller of Pepper Ranch Preserve, and approve the associated Budget Amendment. (Commissioner Coletta and Commissioner Hiller's separate request) Move Item 16F2 to Item 10G: Authorize the County Attorney to advertise an ordinance for future consideration which would amend Ordinance No. 04 -12, as amended, adding provisions relating to requirements for certificate holders operating non - transport Advanced Life Support (ALS) services. (Commissioner Hiller and Commissioner Henning's separate request) Move Item 16C6 to Item l OH: Recommendation to award Contract #11 -5673, "Disaster Debris Removal and Disposal Services," to three firms, and approve AshBritt Environmental Services, Inc., as the initial debris removal contractor in operational readiness for the 2011 Hurricane Season. The firms provide post - disaster equipment and human resources for the collection, removal and disposal of disaster generated debris, which will ensure prompt, timely and efficient restoration of essential services. (Commissioner Hiller's request) Note: Proclamations 4A and 4B to be presented at end of proclamations due to awardees not available at beginning of proclamations being presented. Correction to Bid Number for Item 16C2: ward bid #11 5657 Award bid #11 -5647, Grease Hauling Services, to Rockfill Associates, Inc. D /B /A Crews Environmental and authorize the Chairman to sign the agreement following County Attorney approval, in the estimated annual amount of $50,000. (Staffs request to clarify language) 5/26/20112:38 PM 5/24/2011 Item 16.E.5. EXECUTIVE SUMMARY Recommendation to authorize the release of $250,000 held in escrow to Lake Trafford Ranch, LLLP, the Seller of Pepper Ranch Preserve, and approve the associated Budget Amendment OBJECTIVE: To release to the Seller $250,000, which was held back from the sale of Pepper Ranch Preserve, because the circumstances involving the southern access easement within the Preserve have changed. CONSIDERATIONS: On February 2, 2009, an Amendment to the Agreement for Sale and Purchase and County Escrow Agreement was executed between Lake Trafford Ranch, LLLP (Seller) and Collier County. Per the amendment: The Seller granted Barron Collier Investments, Ltd. (BCI) an Access Easement through Pepper Ranch Preserve which allows BCI access to BCI -owned lands that are adjacent to Pepper Ranch Preserve. A portion of the proceeds . from the sale ($250,000) was retained by the County in escrow within the Conservation Collier Land Acquisition Fund. The $250,000 was held in respect to the potential for loss of Panther Habitat Unit Mitigation Credits (PHUs) at Pepper Ranch Preserve as a result of the BCI Access Easement. The County agreed to use its best efforts to complete, within one year of the date of closing (February 6, 2009), the process of having a determination of whether, and the extent to which, the establishment of PHUs in respect to Pepper Ranch Preserve based on its intended conservation uses by the Conservation Collier Program would be affected by the existence of the BCI Access Easement as distinct from its absence. On November 1, 2010, and again on January 31, 2011, County staff made a request and submission to the U.S. Fish and Wildlife Service for a determination of the Pepper Ranch PHUs in respect to the BCI Access Easement. The USFWS, in a letter dated March 25, 2011, stated: "Currently, the Service does not decrease the panther habitat value of lands adjacent to unimproved roads with limited use that pass through Service approved conservation banks. It is possible we could change this practice in the future. If the County submits a project on the Ranch for Service review in the future, the Service will use the practices in place at the time of submission to evaluate the project." Because Pepper Ranch Preserve will be permitted as a Mitigation Bank that will allow for the mitigation of wetland, wood stork, and panther habitat impacts, the Service cannot make a final PHU determination until the Army Corps of Engineers (Corps) and the South Florida Water Management District (District) make a final wetland mitigation determination. Although County consultants will be submitting the Pepper Ranch project for Corps and District review within the next year, it is unknown how long it will take before Pepper Ranch Preserve is an approved wetland mitigation bank so that a final PHU detennination can be made by the Service. Packet Page -1671- 5/24/2011 Item 16.E.5. Additionally, since the acquisition of Pepper Ranch Preserve, in February 2009, Collier County's use of the southern access road associated with the BCI Access Easement has dwarfed BCI's use of the same road. Any potential for loss of PHUs at Pepper Ranch Preserve because of the southern access road would be as a result of Collier County's current use of the access road, not BCI's current limited use of the access road. It is staff's recommendation to release the escrow to the Seller because a final Pepper Ranch PHU determination could take years, and Collier County's current use of the southern access road, not BCI's, would be the potential cause of PHU loss in areas adjacent to the road. At its May 9, 2011, meeting, the Conservation Collier Land Acquisition Advisory Committee recommended unanimously that the Board authorize release of the escrow to the Seller. FISCAL IMPACT: There is no fiscal impact to Collier County. The $250,000 was held back from the total amount owed to the seller for the County's purchase of Pepper Ranch Preserve in FY 2010. The $250,000 is currently budgeted within Fund 172 Reserves for Escrow. A budget amendment is required to transfer the escrow amount into the Fund 172 Operating Budget, so that the funds can be remitted to the Seller. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, requiring a majority vote for approval. — JAK GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board authorizes the release of $250,000 held in escrow to Lake Trafford Ranch, LLLP, the Seller of Pepper Ranch Preserve, and approves the associated Budget Amendment. Prepared By: Melissa Hennig, Principal Environmental Specialist, Facilities Management Department Attachments: 1. Escrow Agreement Amendment 2. BCI Access Easement 3. USFWS Access Easement Letter 4. Pepper Ranch Access Easement Map Packet Page -1672- 5/24/2011 Item 16.E.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.E.5. Item Summary: Recommendation to authorize the release of $250,000 held in escrow to Lake Trafford Ranch, LLLP, the Seller of Pepper Ranch Preserve, and approve the associated Budget Amendment Meeting Date: 5/24/2011 Prepared By Name: HennigMelissa Title: Environmental Specialist, Principal,Facilities Management 4/28/20114:28:09 PM Submitted by Title: Environmental Specialist, Principal,Facilities Management Name: HennigMelissa 4/28/20114:28: 10 PM Approved By Name: CampSkip Title: Director - Facilities Management,Facilities Manage Date: 5/2/2011 3:19:29 PM Name: SmithKristen Title: Administrative Secretary,Risk Management Date: 5/3/20114:55:55 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/4/2011 1:13:34 PM Name: PriceLen Title: Administrator - Administrative Services, Date: 5/9/20114:51:06 PM Packet Page -1673- Name: KlatzkowJeff Title: County Attorney, Date: 5/10/20119:22:49 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/12/20112:19:46 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 5/13/20113:14:53 PM Name: OchsLeo Title: County Manager Date: 5/15/20119:28:30 PM Packet Page -1674- 5/24/2011 Item 16.E.5. 5/24/2011 Item 16.E.5. AMENDMENT TO AGREEMENT FOR SALE AND PIJRCHASE AND COUNTY ESCROW AGREEMENT This Amendment to Agreement for Sale and Purchase and County Escrow Agreement is made and entered into by and between Lake Trafford Ranch, LIA.P, a Florida limited liability limited partnership ("Seller"), and Collier County, a political subdivision of the State of Florida ("Buyer" or "County"). BACKGROUND A. The parties entered into an Agreement for Sale and Purchase as of December 5, 2008 (the "Agreement"); and B. Subsequent thereto an issue was raised by Barron Collier Investments, Ltd. ("13CI"), the owner of land (the "BCI Land") adjoining the property that is the subject of the Agreement ("the Property"), claiming the right to legal access over the property that is the subject of the Agreement , and as a result the transaction set forth in the Agreement was not closed in the time frame set forth therein; and C. As consequence the parties have agreed to modify terms of the Agreement. NOW TI IEREFORE, in consideration ofthe premises and the mutual covenants set forth herein the Agreement is modified in the following respects: That the time for closing the Agreement is extended to February 6, 2009. 2. Seller will grant to BCI and BCI will accept an access easement in the form of the attached Exhibit "A" (the "Access Easement"). The Access Easement will be executed by Seller and recorded immediately prior to the deed from Seller to Buyer. The Buyer will take title to the Property subject to it. 3. A portion of the proceeds from the sale will be retained by Buyer in an account retained in escrow in the County's general fund (the "Escrow"). The County Attorney, or his successor in office shall be the escrow agent and is responsible to authorize disbursement oil' the Escrow. No interest earned on the Escrow shall be disbursed to the Seller and all interest earned shall be retained by the Buyer. Tlie sum to be retained is $418,750 composed of two parts: a. $250,000 will be held in respect to the potential for loss of panther habitat unit mitigation ("PHU") credits that Buyer anticipates obtaining in respect to the Property. Buyer agrees that following closing it will promptly and diligently make a request and submission to the U.S. Fish and Wildlife Service and other applicable government agencies for an evaluation and determination of whether, and the extent to which, the establishment of PHU credits in respect to the Properly based on its intended conservation uses by the Conservation Collier program will be affected by the existence of the Access Easement as distinct from its absence. 11" it is deten-nined that the existence of the Access Easement will reduce the number of PITU credits that could have been awarded had there been no Access Easement, then the reduced Packet Page -1675- 5/24/2011 Item 16.E.5. number of PHU credits will be multiplied times an agreed market rate of $1,500 per PHU. The resulting sum will be retained by Buyer. The balance of the $250,000 escrow sum will be remitted to Seller. If in order to obtain this determination it is necessary to make a complete application to establish PB_U credits over the :Property then Buyer agrees to do so. Buyer agrees to use its best efforts to complete the process of having this deterrnination made within one year of the date of the closing. If, and to the extent, the nurnber of PHU credits that is reduced multiplied by the foregoing rate exceeds $250,000, the Seller has no obligation to pay any additional sums to Buyer. b. $168,750 will be retained in Escrow pending the outcome of a determination as to the adjustment in the Purchase Price for the Property based on the difference between the Property being: (i) unencumbered by the Access Easement and (ii) encumbered by the Access Easement, but without regard to any effect it may have on the potential loss of PHU credits as addressed in subparagraph a above. Buyer has determined that the impact could reduce the value of the Property by the sum of $168,750. Seller does not accept this figure. The parties shall engage one of the appraiser's that is on the list of County approved appraisers (the "Appraiser") to perforrn this evaluation of the effect on the Purchase Price. In performing this evaluation the Appraiser will accept the Purchase Price as a given and will not independently re- determine the value of the Property, but rather will evaluate the difference giving consideration to appropriate criteria. Both parties, or their representatives shall meet with the Appraiser at the onset of his engagement or thereafter at his request in order to insure that he understands, accepts and is prepared to perform the evaluation in accord with this subparagraph. The parties shall each be permitted to'explain to the Appraiser facts, circumstances, and analyses which they believe has a bearing on the effect of the Access Easement. Following the result of this evaluation, if the Appraiser concludes that the value of the Property should be reduced from the Purchase Price, but the reduction is less than $168,750 then the amount so determined shall be retained by the Buyer and the difference will be remitted to the Seller. In the event the Appraiser determines that reduction of greater than $168,750 is appropriate the Seller will have no obligation to pay the difference to the Buyer. The Seller will be entitled to select the Appraiser from among the list of approved County appraisers and will pay the reasonable fees and costs of the Appraiser. c. If on or before December _3 ) 1, 201.3 the Access Easement is terminated by BC1 or successor owners of the BCI Land (1) because alternative access to the BC1 Land, is established over Trafford Oaks Road or (11) for other reasons, but not because the Buyer purchases the BC1 Land, then in that event any portion of the sums remaining in Escrow or that were previously retained by the County will be paid to the Seller. 4. The transaction shall be closed Promptly following the execution of this Amendnitnt.. effect. 5. Except as hereby modified the terms of the Agreement remain in full force and IN WITNESS WHEREOF, this Amendment to the Agreement for Sale and Purchase and County Escrow Agreement has been executed by the parties as of the date set forth beneath their - respective signatures and shall be effective when executed by the last of the parties. Packet Page -1676- ATTEST: .4,�PCK, CLERK n Approk], as lo. . . ........ -419 Jeffrey A. Klatzko W , lount y Attorney 5/24/2011 Item 16.E.5. Lake Trafford Ranch, LLLP By:_ � Thomas M. Taylor, as general part ner By: Crja St 4�A- opher L. Allen, V general partner Date­ BOARD OF COUNTY COMMISSIONTERS OF COLLIER COUNTY, FLORIDA z By: ONNAFIALA CHAIR] AN Date_._.. "2 —'2 —'=0 C7 Packet Page -1677- 5/24/2011 Item 16.E.5. Prepared by: 4258756 OR: 4w ru: sibs DCORDRD iA 01FICIAL RICORDS of COLLAR CODIl1, IL Jennifer A. Couny Esquire 02/06/2009 At 02:191 DIIM 1. IIOCI, CURI Office of the County Attorney 3301 East Tamiami Trail Win 131.50 Naples, Florida 34112 DOC TO .70 (239) 252 -84M ME: GLUT IIIDIII IT 111 5591 RIDWOOD DR 1501 I>1Pu8 IL 34108 ACCESS EASEMENT THIS ACCESS EASEMENT is granted this Z6 day of Fc1tirN • 2009, by Lake Trafford Ranch, LLLP, a Florida limited liability limited partnership, a ( "G or" ), in favor of BARRON COLLIER INVESTMENTS, LTD., a Florida limited partnership ( "Grantee'). RECITALS: A. Grantor is the owner of that certain parcel of land located in Collier County, Florida, commonly known as the "Pepper I " as more particularly described in Exhibit "A" attached hereto (hereinafter "Grantor' cocieetv,D- B. Grantee owns/1 scribed in Exhibr ;�� antee's Property ") that abutts Grantor's Property; and � � � � C. Grantor hits ��rj t for a :st Grantee over a portion of Grantor's Property. ( , NOW, THERE c of the sum of ten dollars ($10.00) and other valua � nsideration paid by G me , receipt of which is hereby acknowledged: ,� 1. Grantor does hereb o Grantee, a v, non - exclusive easement (the "Easement") over and across th rte rty described on Exhibit "C" (the " Servient Estate ") for the purpose o to and from Grantee's Property as the dominant estate. It may not be used for above or underground utilities. Use of the Easement is limited to ingress and egress that serves those activities now carved out on Grantee's Property which consist of cattle grazing and ranching, hunting, and forestry, all as defined below (the "Current Usage "), and activities that result in no greater degree, frequency, or burden of usage of the Easement than does the Current Usage. No activities or improvements to the Easement shall be made that will adversely affect the general conservation value of the Grantor's Property, or its value specifically for panthers; provided that Grantee shall be permitted to keep such access open and useable. Grantor retains, and shall have the right to use, the Servient Estate in any and all ways that are not inconsistent with and that do not unreasonably interfere with the Easement. 2. Cattle grazing and cattle ranching mean the use of Grantee's Property as pasture for cattle feeding and sustenance, as well as all activities that are usually and customarily associated therewith based on accepted agricultural practices, as from time to time exist. Forestry means the periodic thinning, clearing, and harvesting of trees and vegetation that naturally grow on the Grantee's Property. Hunting means non - commercial recreational hunting, shooting and trapping of wildlife as exists on Grantee's Property. Packet Page -1678- 5/24/2011 Item 16.E.5. OR: w) Yu: Jai 3. Grantor covenants that it has the right to grant, convey and declare the Easement, and that Grantee shall have quiet and peaceful use, enjoyment and possession thereof. 4. The Easement granted herein is appurtenant to and shall run in favor of Grantee and its successors in title to the Grantee's Property and shall be binding upon Grantor and its successors in title to the Servient Estate. Grantee and its successors in title to the Grantee's Property agree not to seek an expansion of access rights for future development or any other use. 5. Grantor and any successor owner of Grantor's Property has the right, from time to time, to relocate the Easement from the Servient Estate to a new location so long as it provides substantially comparable access to Grantee's Property. In such case, Grantee, its successors and assigns, shall execute a consent to the termination of the Easement upon its relocation and replacement of the Easement by Grantor (hereinafter "Replacement Easement "). The Replacement Easement must be of substantially the same quality and practicability as the Easement granted herein. Grantor agrees to assume any expense directly related to the reloca ' asement and any improvements to the Replacement Easement. R CO6) 6. The cost of main and Grantee. The Ease n rural road as the road wi responsible to keep th nc vegetation and other ob trui C'1 r Easement shall rsh equally between Grantor 3f18i . d a lim or similar semi- improved n ahis •icall The Grantee shall be MCits western end clear of Y Grantee. IN WITNESS OF, Grantor has tseQ reset the date and year first abo ©en. ' ���� � TAE cZRC�� Signed and delivered in our presence: GRANTOR: 1� Wanes #1 �� cZ,a`� C• � -raoti� Printed name of witness #1 Witness #2 S£N N tFC.A, t3• -1►TF Printed name of witness #2 to be executed on Lake Trafford Ranch, LLLP Thomas M. Taylor Christopher L. Allen Page 2 of 3 Packet Page -1679- 5/24/2011 Item 16.E.5. OR: 4425 PG: 3265 As its sole general partners STATE OF FLORIDA COUNTY OF COLLIER ) §§: IEREBY CERTIFY that the foregoing instrument was acknowledged before me this ,2"' day of February 2009, by Thomas M. Taylor, as general partner of-Lake Trafford Ranch, LLLP, a Florida limited liability limited partnership, who own tom r who produced as identification. (SEAL) Notary Public - State of Florida Prime Name of Notary Ad Tres: AM REMN QIDD6 431P 9----Es-:4w � SL � wot. STATE OF FLORIDA COUNTY OF I iEREBY CERIW this cZ�! day of Feb Trafford A#kch, LLLP, a FRX own to me or who produced L oin� v acknowledged before me topher as general partner of _Lake abili partnership, who isdens_on C as identification. (SEAL) Notary Public - State of Florida l Printed Name of Notary MY Commission Expires: r.1dw \wd_re�NNn adrad �hce�r asemarcdoc Page 3 of 3 Packet Page -1680- TARAgBMMMAN My =a*M 6 DO 6087 5/24/2011 Item 16.E.5. omaBR OR: 4425 PG: 3266 (Legal Description) Property Tax Ideriffication Number. ODO5ZM02 A parcel of land lying in the East Half (E%) of the East Half (E%) of the Southwest Quarter (SWY) of the Southeast Quarter (SEY.) of Section 22, Township 48 South, Range 28 East, Coiner County, Florida, being more particularly described as follows: Commence at the Southeast corner of Section 22, Township 46 South, Range 28 East, Collier County, Florida; thence run S 88'57'47' W, along the south line of the Southeast Quarter (BEY.) of said Section 22 for a distance of 1320.38 feet to the Point of Beginning of the parcel of land herein described; thence continue S 88.57"47" W, along the south line of the Southeast Quarter (SE' /.) of said Section 22, for a distance of 330.09 feet; thence run N 00'31'18" W fora distance of 1342.51 feet; thence run N 88'58'31' E for a distance of 330.12 feet; thenoe run S 00'31'14' E, for a distance of 1342.44 feet to the Point of Beginning; containing 10.17 acres, more or less. Property Tax Identificatio 005244000 A parcel of land lying the utheast Quarter (SEY.) of t S Quarter (SW14) and the West Hslf .Q . f th Southeast Quarter {SEY.) of Section , T h nge 8 ast ast. C r ty, Florida, being more particularly Comm* at std 00#M n h Range 26 p 88 48 South, ' W, ce along the south t outhe ua EY..) 22 for a distance of to the Point of Begirt oft land herein described; nue S a8.574T Nne of the Souemest Qu Y.) of said Ssdion 22, of 860.19 feet to the South Q or said Secton 22; S 88'59'47' W along the south fhvresI qua Bon 22, for a distance of 1321.80 for a distance of 1342.51 feel; ttnsnce nin 1 lance of 1324.63 feet; thence run N 88.58'31* E. for of 660.24 feet; thence run S 00'31'22' E for a distance of 1342.58 feet to the Point of Beginning; containing 61.13 acres, more or less. Property Tax Identification Number, 00052680009 The Southeast Quarter (BEY..) of the Southwest Quarter (SW /) of Section 26, Township 46 South, Range 28 East, Collier County, Florida; containing 40.38 acres more of lees. AND Property Tax Identt nation Number. 00053000002 All of Section 28, Township 4S South, Range 28 East, Collier County, Florida; containing 645.47 acres more or less. AND Packet Page -1681- 5/24/2011 Item 16.E.5. OR: 4425 PG: 3267 Property Tax Identification Number. 00053020001 The Northwest Quarter (NWY.) of the Northeast Quarter (NE' /.) of the Northwest Quarter (NW /.) of Section 35, Township 45 South, Range 28 East, CcJier County, Florida; containing 10.09 acres more at less. AND Property Tax Identification Number. 00052640007 A parcel of land located in a portion of Section 26, Township 46 South, Range 28 East, Collier County, Florida, being more particularly described as follows: The West Half M%) of Section 26, Township 48 South, Range 28 East, Collier County, Florida, less the North 1451.35 feet thereof and Was the Southeast Quarter (SEK) of the Southwest Quarter (SWY.) of said SecWn 20, and less that parcel of land, as described and recorded in Official Records Book 2585 at Page 2735 through 2737, owned by South Florida Water Management District with Tax Folio Number 00052640007; containing 165.91 acres, more or less. Property Tax Identi u I All of Section 27, containing 843.59 s. Property Tax 1 n um r. n All of Section 3 ip 46 containing 706.33 or less. Property Tax Identification L'' U GD004 Range 28 Es 28 AND �� /GF County, Florida; C County, Florida; The East Half (EY) of the East V, lof�}iwwest Quarter (NWY.); and the Northeast Quarter (NEY.), less the East 30 t and the Northerly 30 feet for public rood right- of-way per dedication thereof recorded in Plat Book 12, Page B7 (known as Pepper Road), Section 35, Township 46 South, Range 213 East, Public Records of Collier County, Florida, less 2.29 acres in the Northeast Quarter (NEY.) described in Deed recorded in Official Records Book 1834, Page 218; also leas the real property described in Quit Claim Deed moordad In Official Records Book 49, Page 4; and In Official Records book 280, Page 480; and in Official Records Book 282, Page 283; and in Official Records Book 289, Page 910; all of the Public Records of Collier County, Florida; AND The Southwest Quarter (SW14) of the Northwest Quarter (NW'/.); and the West Half (W14) of the Southeast Quarter (SE %) of the Northwest Quarter (NW %), and the Southwest Quarter (SWY.) of the Northeast Quarter (NEY.) of the Northwest Quarter (PIW %); and the South Half (SA) of the Northwest Quarter (NAM) of the Northwest Quarter (NWYo); and the Northwest Quarter (NWY.) of the Northwest Quarter (NW /) of the Northwest Quarter (NW /); and the West Half (WA) of the Northeast Quarter (NE' /.) of the Northwest Quarter (NWY4) of the Northwest Quarter (NWY,) of Section 35, Township 46 South, Range 28 East, Collier County, Florida; containing 208.83 acres, more or less. The fore mentioned parcels equates to 2,511.90 acres, more or less. Packet Page -1682- 5/24/2011 Item 16.E.5. EXMW �F� OR: 4425 PG: 3268 All of Sections 3, 4 and the North Y, of Soction 5, Township 47 South, Range 28 East, Collier County, Florida. Packet Page -1683- 5/24/2011 Item 16.E.5. oil" HOLE MONTES ENG -VEERS kAANER$ 6�p,�'• ?.5 �AN7SCAPE ARC- !TEC'S 950 Encore Way - Naples. Florida 34110 - Phone 239.254 2000 - Fax 239.254 2075 HM PROJECT # 2001111 1/28/09 REF DWG # B- 6446 -1 PAGE 1 OF 4 LEGAL. DESCRIPTION: A 15.00 FOOT WIDE STRIP OF LAND LOCATED IN A PORTION OF SECTIONS 26, 27, 28, 33 AND 35, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, LYING 7.50 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE SOUTH QUARTER CORNER OF SECTION 26, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, THENCE RUN S.00 058'38 "E., ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 30.00 FEET; THENCE RUN S.89 "01'22"W., FOR A DISTANCE TO THE POINT OF BEGINNING OF THE CENTERLINE HEREIN DESC 0 °58'38"W., PARALLEL TO THE EAST LINE OF THE NORTHWE R OF S N 35, FOR A DISTANCE OF 29.98 FEET; THENCE RUN N. 1 . "W., PARALLEL T ST LINE OF THE SOUTHWEST QUARTER OF SAI 26, FOR A DIS N OF 1238.43 FEET; TO THE BEGINNING OF A TA E I C E, CO CA E SOUTHWESTERLY; THENCE RUN NORTHWE TE LY 0 ARC F SAI U VE TO THE LEFT, HAVING A RADIUS OF 80 1 OF 90 "06'24 ", SUBTENDED BY A CHO O 1 3.2 F E A R N.4 012'27"W., FOR A DISTANCE OF 125,81 FE T I UR ; H [4C RUN S.88 "44'21 "W., FOR A DISTANCE OF 241 ; TO E B IN GENTIAL CIRCULAR CURVE, CONCAVE NORT TERLY; THENCE R 0 T ALONG THE ARC OF SAID CURVE TO THE RIGH ING A RADIUS O 5. 0 , THROUGH A CENTRAL ANGLE OF 9003226 ", SUBT Y A CHORD OF 19 AT A BEARING OF N.45059'26"W., FOR A DISTAN .33 FEET T OF SAID CURVE; THENCE RUN N.00P43'13 "W., FOR A DIST E THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, C STERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 90°34'20 ", SUBTENDED BY A CHORD OF 99.49 FEET AT A BEARING OF N.46 "00'23"W., FOR A DISTANCE OF 110.65 FEET TO THE END OF SAID CURVE; THENCE RUN S.88 942'26 "W., FOR A DISTANCE OF 1829.65 FEET; THENCE RUN N.88 °23'51"W., FOR A DISTANCE OF 333.91 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 125.00 FEET, THROUGH A CENTRAL ANGLE OF 55 008'22 ", SUBTENDED BY A CHORD OF 115.71 FEET AT A BEARING OF S.64001'58"W., FOR A DISTANCE OF 120.30 FEET TO THE END OF SAID CURVE; THENCE RUN S.36 °27'47 "W., FOR A DISTANCE OF 64,98 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 42 °33'01 ", SUBTENDED BY A CHORD OF 145.14 FEET AT A BEARING OF S.57 °44'18"W., FOR A DISTANCE OF 148.53 FEET TO THE END OF SAID CURVE; THENCE RUN S.79000'48 "W., FOR A DISTANCE OF 196.62 FEET; THENCE RUN S.86P34'54 "W., FOR A DISTANCE OF 1589.15 FEET; THENCE RUN S.85 °42'33"W., FOR A DISTANCE OF 1968.01 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE H:2001\200111 1 \W F\SOUTHPRROADSL -1.d0c Packet Page -1684- CD .sue .P. N cr �v w N rn w 5/24/2011 Item 16.E.5. OR: 4425 PG: 3270 HM PROJECT # 2001111 1/28/09 REF DWG # B- 6446 -1 PAGE 2 OF 4 TO THE LEFT, HAVING A RADIUS OF 85.00 FEET, THROUGH A CENTRAL ANGLE OF 116 °18'47", SUBTENDED BY A CHORD OF 144.41 FEET AT A BEARING OF S.27 °33'10"W., FOR A DISTANCE OF 172.55 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 468.01 FEET, THROUGH A CENTRAL ANGLE OF 22 °24'56 ", SUBTENDED BY A CHORD OF 181.93 FEET AT A BEARING OF S.19 °23'46"E., FOR A DISTANCE OF 183.10 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2260.02 FEET, THROUGH A CENTRAL ANGLE OF 8 °52'44 ", SUBTENDED BY A CHORD OF 349.87 FEET AT A BEARING OF S.03 °44'56 "E., FOR A DISTANCE OF 350.22 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHER E, RC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 5352.89 FE , T ANGLE OF 2 °11'42', SUBTENDED BY A CHORD OF AT A F S.00 °24'25 "E., FOR A DISTANCE OF 205.06 FEET T EGINNING OF A ND CURVE, CONCAVE EASTERLY; THENCE RUN UT LONG THE ARC F D CURVE TO THE LEFT, HAVING A RADIUS OF 316 1 F E RO TRAL E OF 20 °16'29 ", SUBTENDED BY A Cl O 11. F G S. 1 °38'31 "E., FOR A DISTANCE OF 112.14 FE T T E URVE, CONCAVE WESTERLY; THENCE RU HE L SAI CURVE TO THE RIGHT, HAVING A RADIO GH N ANGLE OF 17 °14'47 ", SUBTENDED BY A CHOR ' 1 .14 F A O °09'22"E., FOR A DISTANCE OF 174.80 FE THE END OF SAID V ; T E RUN S.04 031'58 "E., FOR A DISTANCE OF 310.0 ; THENCE RUN °3 ' OR A DISTANCE OF 140.46 FEET; TO THE BEGI F A TANGENTIAL CURVE, CONCAVE EASTERLY; THENCE RUN SO ALONG TH SAID CURVE TO THE LEFT, HAVING A RADIUS OF 152.13 FE T ANGLE OF 37 °24'10 ", SUBTENDED BY A CHORD OF 97.56 " T G OF S.19 °18'37 "E., FOR A DISTANCE OF 99.31 FEET TO THE BEGINNIN OF A REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 33 050'050, SUBTENDED BY A CHORD OF 116.40 FEET AT A BEARING OF S.21 °05'39 "E., FOR A DISTANCE OF 118.11 FEET TO THE END OF SAID CURVE; THENCE RUN S.04 °10'36 0E., FOR A DISTANCE OF 984.89 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 21 °37'17", SUBTENDED BY A CHORD OF 37.51 FEET AT A BEARING OF S.14 °59'15 "E., FOR A DISTANCE OF 37.74 FEET TO THE END OF SAID CURVE; THENCE RUN S.25 047'53 "E., FOR A DISTANCE OF 365.34 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 575.00 FEET, THROUGH A CENTRAL ANGLE OF 63 011'570, SUBTENDED BY A CHORD OF 602.58 FEET AT A BEARING OF S.05 °48'05"V1/., FOR A DISTANCE OF 634.24 FEET TO THE END OF SAID CURVE; THENCE RUN S.37 °24'03 "W., FOR A DISTANCE OF 1123.09 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 329.61 FEET, THROUGH A CENTRAL ANGLE OF 67 °05'00", SUBTENDED BY A CHORD OF 364.24 FEET H 12001120011111W PISOUTH P RR O AD S L -1. d oc Packet Page -1685- -- 5/24/2011 Item 16.E.5. OR; 441) m 3171 HM PROJECT # 2001111 1/28/09 REF DWG # B- 6446 -1 PAGE 3OF4 AT A BEARING OF S.03 "51'33"W., FOR A DISTANCE OF 385.91 FEET; TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 171.86 FEET, THROUGH A CENTRAL ANGLE OF 29 055'47 ", SUBTENDED BY A CHORD OF 88.76 FEET AT A BEARING OF S.14 943'04 "E., FOR A DISTANCE OF 89.77 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3516.56 FEET, THROUGH A CENTRAL ANGLE OF 8 "1026 ", SUBTENDED BY A CHORD OF 501.26 FEET AT A BEARING OF S.03 "50'23 "E., FOR A DISTANCE OF 501.68 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 410.14 FEET, THROUGH A CENTRAL ANGLE OF 31-19-23-, SUBTENDED BY A CHORD OF 221.44 F ING OF S.07 °44'05"W., FOR A DISTANCE OF 224.22 FEET TO TH N RSE CURVE, CONCAVE EASTERLY; THENCE RUN SOU ON G SAID CURVE TO THE LEFT, HAVING A RADIUS 0 N HROUGH A CENT GLE OF 31 002'51 ", SUBTENDED BY A CHORD 1 AT A BEARIN F 07 °52'21"W., FOR A DISTANCE OF 102.88 FEET 0 H 0 VE; T EN E RUN S.07 °39'05 "E., FOR A DISTANCE OF 287. F ET TO INNI OF A AN ENTIAL CIRCULAR CURVE, CONCAVE NOR S RLY, ALONG THE ARC OF SAID CURVE TO THE E VI G 1 1 1 E, THROUGH A CENTRAL ANGLE OF 31" S CHO F 6 FEET AT A BEARING OF S.23 "21'56 "E., FOR A D OF 8 TO NING OF A REVERSE CURVE, CONCAVE WEST THENCE RUN SOU Y, G THE ARC OF SAID CURVE TO THE RIGHT, HA RADIUS OF 441. T UGH A CENTRAL ANGLE OF 67 "43'42 ", SUBTE Y A CHORD OF 49 . AT A BEARING OF S.05 "12'56 "E., FOR A DISTANC 2 FEET TO NNING OF A REVERSE CURVE, CONCAVE EASTERLY; T , ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A T, THROUGH A CENTRAL ANGLE OF 46 012'48 ", SUBTENDED BY A CHORD OF 156.98 FEET AT A BEARING OF S.05 032'31 NH., FOR A DISTANCE OF 161.31 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 350.00 FEET, THROUGH A CENTRAL ANGLE OF 52 "50'41", SUBTENDED BY A CHORD OF 311.49 FEET AT A BEARING OF S.08 "51'28"W., FOR A DISTANCE OF 322.81 FEET TO THE END OF SAID CURVE; THENCE RUN S.35016'48"W., FOR A DISTANCE OF 298.12 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 500.00 FEET, THROUGH A CENTRAL ANGLE OF 19 "36'39 ", SUBTENDED BY A CHORD OF 170.30 FEET AT A BEARING OF S.45 "05'08"W., FOR A DISTANCE OF 171.14 FEET TO THE P_ DINT OF TERMINATION; CONTAINING 6.938 ACRES, MORE OR LESS. THIS PROPERTY SUBJECT TO EASEMENTS RESERVATIONS OR RESTRICTIONS OF RECORD BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA AS BEING S.00 °58'38 "E. RM01t20011 I MRSOUTHPRROADSL -1.doc Packet Page -1686- 5/24/2011 Item 16.E.5. OR: 4425 PG: 3272 HM PROJECT # 2001111 1128/08 REF DWG # B- 6446.1 PAGE 4 OF 4 SIDELINES OF THE HEREIN DESCRIBED CENTERLINE ARE TO BE LENGTHENED OR SHORTENED TO MEET THE ANGLE POINTS FORM AND TO A LINE WHICH RUNS PERPENDICULAR TO THE POINT OF BEGINNING AND TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA WHICH BEARS N.86 922'39 "E. TO THE POINT OF TERMINATION. HOLE MONTES, INC. CERTI! j"Yt OF AUTHORIZATION LB # 1772 BY T6ft')KAARAi ui ST E 0 SHE C1. HA2001 \2001111 \WP\SOUTHPRROADSL• 1. doc Packet Page -1687- Ak 1 1 Jw 3% am — RNw /MW yc l.M d H 0 r M O y Lo n +Co.O.n Z O � �n�n y o tDSVO�SrN�� p Us n g D r C ,� m s 0+ u V N V+ t7NSONO�N 8N pp N yO O�t� U Wjj OR: 4425 PG 5/24/2011 Item 16.E.5. NNNpOO►J +O1D0VO)P�WNrO +Co.O.n :GGE:i �.n.. �n�n y o tDSVO�SrN�� A C) n � n C pUN O qu�pN O O± s 0+ u V N V+ t7NSONO�N N C U Wjj N +W OCO. S N N V tpJ�ONP� W SOS• {{V��P�SJ4 �1D� #pSO+SSSVI�.O.SNVggggy uuO Ernr, OS QO 10 10 1 p# 1�1� u u O N V. w S N mm8S uqfk��# i#lNp�p� OIONWU/JmON(ii�vp0 _gtq�qpp���qq�ly�lR�u�g4�4�tuRt,�R�v�n ��01 ...N+� WO #NDOi t' tD�q��N��G V bN�00iv�N�Op PIN• s UUpUS�SppVs��INO Cj yyy V/yy in to UI UJ yyy y y y y y (on (on wzzz NOO 00-. N+��Q N NOi♦ z ���m(/m{>ENE(r•�im mmr"M-19 E�ftc�>rC �NONOl rO+Om�+�+5 m �NUQr� rpN pp W !p�+ _N GNmSNm� �++�r''g 4. N ONuNu GO4� W Packet Page -1688- �o66Ge r. :GGE:i y y y y y y y 2 2 y y _�glMyw�lReuuU$ apmp �{S� {{V��P�SJ4 uuO Ernr, 4E,p��fru� 10 10 1 p# 1�1� u u O N V. w S N mm8S :VoaV�mWr�au�wowoaruw rr: ow s dw • you - me"" rl~ y: aa..r ch M v7Cr'= M mM O O C P 9 ° i I "o�i� GOtiti g UP= VV. 8N k� I Ny00K 1 > s Vf .► m 7C 0 m i rnN n O N D D C, r�* n ;u O I D 1 Z s rri r _o c) 4 1 rn r o I m v �I O m Ln z D n z £1 O oo_ z = X4 O M Io _ N I � � I r OR; 4425 PG 5/24/2011 Item 16.E.5. I r A I . : C= n z v z t U. v 8 > MATCH UNE SHEET 3I � M m . � rrrrrr�.c.i.�rr� I I 1� I N v I � I U N rrrrrr�.c.i.�rr� 1 Iro.- I 7 I • O NV �nV X I rn 0 I x 0 a n I 0 o V a z a r I rn � I a r v m V! n I O z 0 J J 0 o� OR; 4425 _5/24/2011 Item 16.E.5. Uk MV 7 .• 2% no . •7o" pWkW ►s ..w... M M $ y 7Crs � M > Ao � n Z a� m V Lo a s0 n MATCH LINE SHEET 4 N O N C ml 0 N COD G r sQ U% I N 0 rnM nm N D V (n I � �O O1 c ID CD N m X Packet Page -1690- MATCH UNE I I N N N O� I It w r 4511 III 41 V! 4 A 2 O b A A O a z -c a r m A a r v m LA A 0 z � o OR; 4425 PI 5/24/2011 Item 16.E.5. I I ■Aa■ Z I I Ca M M fir= I mEq _ En o-n ti s n x a -o m � n m s a Packet Page -1691- MATCH UNE SHEET 31 OR: 4425 15/24/2011 Item 16.E.5. t,..�. M Z rn 'o Q a cn C!7 = C zrn j C7 a a n 0 trr C) co ^' ' rn 7.! �33 OR; 4425 P5/24/2011 Item 16.E.5. Ik �g1�011„VM1 ..Iw010� -,..A fre My I -W M 700. _ "m ftpuw b ...... 8 � n C M M ■ MA T 2 rCo R o n s mM v Cr g> �oo r O m m 0 a D 3 0 Z 1 V fill 0 �v I ! 11 H 36 �. �o ilt o 0 M w = m 1 r w (A n = I o _ _ rnQ m N D s�� 1 O 0° 4 � ll Cty 1 A A C23 N _ 0 C C24 �' a M a m Z +0 u i an -L y wm rrI rn m D a r v m A O Z � x O rn Packet Page -1693- United States Department of the Interior FISH AND WILDLIFE SERVICE South Florida Ecological Services Office 1339 20`11 Street Vero Beach. Florida 32960 Melissa L. Hennig Principal Environmental Specialist Conservation Collier Program 3301 Tamiami Trail East Naples, Florida 34112 Dear Ms. Hennig: 5/24/2011 Item 16.E.5. March 25., 2011 Pt E CE I V E D A APR 0 " 21301 MISERVATION Service Federal Activity Code: Date Received: Project: Applicant: County: 41420 -201 1 -R-0097 January 3I, I t 2011 Pepper Ranch Collier County Collier Thank you fbr your telephone call to the U.S. Fish and Wildlife Service (Service) on January 31, 2011, during which you inquired about the potential panther habitat value associated with the Pepper Ranch property (Ranch). We understand Pepper Ranch is a 2,500 acre property located in Sections 22, 26, 27, 28, 33, and 35, 'Township 46 South, Range 28 East in Immokalee, Collier County, Florida. We also understand the County is contemplating future uses for the property including a conservation Dank or a mitigation bank. During the telephone conversation you had with•Dr. Constance Cassler of this office, you indicated the previous owner of the Ranch has an easement along the unimproved road that. exists through the center of the Ranch, and you were asking if we would decrease the panther habitat value of lands adjacent to the road because of the easement. We understand the agreement the County made with the previous owner is that his use of the road would not change from approximately two trips per week for activities including ranching, hunting, and timberin . g. Currently. the Service does not decrease the panther habitat value of lands ad , e ent to unimproved W roads with limited use that pass through Service approved conservation banks. It is possible we could change this practice in the future. If the County submits a prcject on the Ranch for Smice review in the future, the Service will use the practices in place at the time of submission to evaluate the project. We appreciate your cooperation in the effi)rt to conserve fish and wildlife resources. If you have questions, please contact Dr. Cassler at 772-562-3 )909. extension 243. Sincerely yours, aul Souza Field Supervisor South Florida Ecological Services Office Packet Page -1694- 5/24/2011 Item 16.E.5. Packet Page -1695- CD CD v n CD cn CD CD