Agenda 12/13/2011 Item #16A1012/13/2011 item 16.A.10.
n
EXECUTIVE SUAUKARY
Recommendation that the Board approve an Amended Easement that incorporates additional
terms into the Deed of Conservation Easement to the South Florida Water Management District
( SFWMD) that was approved by the Board on September 23, 2008 for the Lein Mitigation Park.
OBJECTIVE: Approve and authorize an Amended Easement granted to SFWMD for Lely
Mitigation Park as required by Florida Communities Trust (FCT).
CONSIDERATIONS: In 2002, Collier County purchased a 99 -acre property ( "Property') with
the intent to have a mitigation park. On September 23, 2008, the Board of County
Commissioners (Board) approved a Deed of Conservation Easement to the SFWMD to comply
with Permit No. 11- 01140 -S requirements. The Deed of Conservation Easement is attached.
Given the purpose for this 99 -acre property, Collier County made application and was awarded a
land acquisition grant by Florida Communities Trust (FCT). FCT is now requiring that the
following terms be incorporated into the Deed of Conservation Easement.
1: FCT shall be notified of all leases, easements or other similar documents that affect
property funded by FCT.
2. The FCT Grant Agreement restrictions are superior to any other restrictions placed upon
the property.
n 3. County intends that the conservation and recreation values of the Property be preserved
and enhanced in accordance with the Management Plan, as it may be amended from time to time
only after review and approval of FCT.
4. All activities are consistent with the Agreement and Management Plan.
FTC and SFWMD find the Amended Easement acceptable.
FISCAL `IMPACT: Funding for the Amended Easement recording is available in the
Stormwater Capital Improvement Fund 325 Lely Area Stormwater Improvement Project (Project
No. 51101). The source of funding is ad valorem taxes.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for
Board action. JBW
GROWTH MANAGEMENT IMPACT: The Lely Mitigation Park project is in accordance
with the goals and objectives of the.Drainage Sub - element of the Growth Management Plan.
RECOMMENDATION: That the Board: (1) approve the attached Amended Easement, and
authorizes its Chairman to execute same on behalf of the Board; and (2) directs the County
Manager or his designee to proceed to follow all appropriate procedures, and to record the
Amended Easement in the public records.
Packet Page -1168-
12/13/2011 Item 16.A.10.
Prepared By: Margaret A. Bishop, P.E., Sr. Project Manager, Growth Management Division,
Transportation Engineering Department
Attachments: (1) Amended Easement
(2) SFWNM Conservation Easement
Packet Page -1169-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10.
12/13/2011 Item 16.A.10.
Item Summary: Recommendation that the Board approve an Amended Easement that
incorporates additional terms into the Deed of Conservation Easement to the South Florida
Water Management District (SFWMD) that was approved by the Board on September 23, 2008
for the Lely Mitigation Park.
Meeting Date: 12/13/2011
Prepared By
Name: BishopMargaret
Title: Project Manager, Senior,Transportation Engineering & Construction Management
11/9/2011 11:33:11 AM
Submitted by
Title: Project Manager, Senior,Transportation Engineering & Construction Management n
Name: BishopMargaret
11/9/2011 11:33:12 AM
Approved By
Name: PutaansuuGary
Title: Project Manager, Principal,Transportation Engineer
Date: 11/18/20118:26:29 AM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 11/18/20119:18:09 AM
Name: PutaansuuGary
Title: Project Manager, Principal,Transportation Engineer
Date: 11/18/2011 10:37:47 AM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & C
Date: 11/18/20114:18:53 PM
Packet Page -1170-
Name: OberrathKaren
Date: 11/22/2011 12:23:48 PM
Name: CasalanguidaNick
Title: Deputy Administrator - GMD,Business Management & Budget Office
Date: 11/22/2011 1:43:19 PM
Name: WhiteJennifer
Title: Assistant County Attomey,County Attorney
Date: 11/22/20113:44:46 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 11/22/20114:25:13 PM
Name: FoordMarlene
Title: Grant Development & Mgmt Coordinator, Grants
Date: 11/28/20114:03:18 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
^. Date: 11/29/20118:25:54 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/29/2011 11:47:17 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Ofce of Manage
Date: 12/1/20113:48:17 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/2/20119:12:40 AM
Name: OchsLeo
Title: County Manager
Date: 12/2/2011 11:37:45 AM
Packet Page -1171-
12/13/2011 Item 16.A.10.
12/13/2011 Item 16.A.10.
This instrument is prepared by
and return to:
South Florida Water Management District
3301 Gun Club Road, MSC 4210
West Palm Beach, Florida 33406
AMENDED EASEMENT
THIS AMENDED EASEMENT is made this day of , 20_ by and
between Collier County, a political subdivision of the State of Florida whose address 3299
Tamiami Trail, Suite 303, Naples, Florida 34112, ( "Grantor or County "), and South Florida
Water Management District, whose address is 3301 Gun Club Road, West Palm Beach, Florida
33406, its successors and assigns, ( "Grantee ").
WITNESSETH:
WHEREAS, Grantor has acquired the property with partial funding from the Florida
Communities Trust ( "FCT") (FCT project number 03- 018 -FF3, Lely Mitigation Park), and the
Property is subject to covenants and restrictions set forth in Grant Award Agreement recorded in
Official Records Book 3623, Pages 1172 —1184 of the Public Records of Collier County, Florida
and the Deed of Conservation Easement recorded in Official Records Book 4397, Pages 0998 -
1010 (the "Agreement, ") and
WHEREAS, as part and condition of the FCT funding, the County provided and FCT
approved a Management Plan for the project site, and together with the Agreement, the terms of n
which are hereby incorporated herein by reference.
NOW, THEREFORE, in consideration of the mutual promises contained herein, Grantor
and Grantee agree that the Deed of Conservation Easement shall be amended to include the
following additional covenants and restrictions:
1. FCT shall be notified of all leases, easements or other similar documents that
affect property funded by FCT.
2. The Agreement's restrictions on the FCT funded property are superior to any
other restrictions placed upon the property.
3. Grantor intends that the conservation and recreation values of the Property be
preserved and enhanced in accordance with the Management Plan, as it may be amended from
time to time only after review and approval by FCT.
4. All activities by the Grantor and Grantee shall be consistent with the Agreement
and Management Plan.
Page 1 of 2
Packet Page -1172-
12/13/2011 Item 16.A.10.
IN WITNESS WHEREOF, Grantor's duly authorized representative has signed and
sealed this instrument on this day of 20_
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
,Deputy Clerk FRED W. COYLE, CHAIRMAN
3301 Tamiami Trail East
Naples, Florida 34112
Approved as to form and
Legal sufficiency:
� ' N"::) ��
JeB. White
Assistant County Attorney
REVIEWED AND APPROVED FOR
FLORIDA COMMUNITIES TRUST BY:
Mike Long, Assistant Division Director
Division of State Lands
Page 2 of 2
Packet Page -1173-
Wit:
CLRRI TO TH9 BOARD
iBTBROFFICS 4TH FLOOR
SIT 0406
4216585 OR: 4397 PG; 12/13/2011 Item 16.A.10.
RBCORDBD in the OPPICIAL RHCORDS Of COLLI$R CODRTI, FL MI ran lu,vv
09/3012000 at 10:22AN DHIGHT S. BROCIt, CLBRR DGC -.i0 .70
WrIBS 13.00
DEED OF CONSERVATION EASEMENT.: Fir" �a , Ez_,�
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Return recorded document to:
South Florida Water Management District
3301 Gun Club Road, MSC 4210 TO il, stb',�i �i i filltam -r.
West Palm Beach, FL 33406
THIS DEED OF CONSERVATION EASEMENT is given this
23rd day of September 20 08 by
Collier County ( "Grantor")
whose mailing address is
Collier County
3301 East Tamiami "trail
Naples, FL 34112
to the South Florida Water Management District ( "Grantee "). As used herein, the term
"Grantor" shall include any and all heirs, successors or assigns of the Grantor, and all
subsequent owners of the "Property" (as hereinafter defined) and the term "Grantee"
shall include any successor or assignee of Grantee..
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in
Collier County, Florida, and more specifically
described in Exhibit "A" attached hereto and incorporated herein ( "Property "); and
WHEREAS, the Grantor desires to construct
( "Project ") at a site in
Collier County, which is subject to the regulatory
jurisdiction of South Florida Water Management District ( "District "); and
WHEREAS, District Permit No. 11-01140 -s ( "Permit ")
authorizes certain activities which affect surface waters in or of the State of Florida; and
Form 1191 (0112007) Deed of Conservation Easement - Standard Passive Recreational
Packet Page -1174-
V.def9
V
Page 1 of 9
OR 12/13/2011 Item 16.A.10.
WHEREAS, this Permit requires that the Grantor preserve; enYance,'�es1ore
and /or mitigate wetlands and /or uplands under the District's jurisdiction; and
WHEREAS, the Grantor has developed and proposed as part of the Permit
conditions a conservation tract and maintenance buffer involving preservation of certain
wetland and /or upland systems on the Property; and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is
agreeable to granting and securing to the Grantee a perpetual Conservation Easement
defined in Section 704..06, Florida Statutes, over the area described on Exhibits "B" + "c"
( "Conservation Easement "),
NOW, THEREFORE, in consideration of the issuance of the Permit to construct
and operate the permitted activity, and as an inducement to Grantee in issuing the
Permit, together with other good and valuable consideration, the. adequacy and receipt
of which are hereby acknowledged, Grantor hereby grants, creates, and establishes a
perpetual Conservation Easement for and in favor of the Grantee upon the property
described on Exhibit "B.�whh „s,4pli run with the land and be binding upon the Grantor,
and shall remain in full fo& i an; effect forever.
The scope, nature, and character of this Conservation Easement shall be as
follows:
1., Recitals. The recitals hereinabove set forth are true and correct and are
hereby incorporated into and made a part of this Conservation Easement.
2., Purpose. It is the purpose of this Conservation Easement to retain land or
water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded
condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those
wetland and /or upland areas included in the Conservation Easement which are to be
enhanced or created pursuant to the Permit shall be retained and maintained in the
enhanced or created conditions required by the Permit.
To carry out this purpose, the following rights are conveyed to Grantee by this
easement:
a. To enter upon the Property at reasonable times with any necessary
equipment or vehicles to enforce the rights herein granted in a manner that will not
unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at
the time of such entry; and
b., To enjoin any activity on or use of the Property that is inconsistent
with this Conservation Easement and to enforce the restoration of such areas or
features of the Conservation Easement that may be damaged by any inconsistent
activity or use..
3 Prohibited Uses. Except for restoration, creation, enhancement,
maintenance and monitoring activities, or surface water management improvements, or
Form 1191 (01/2007) Deed of Conservation Easement - Standard Passive Recreational Page 2 of 9
Packet Page -1175-
a 12/13/2011 Item 16.A.10.
other activities described herein that are permitted or required by the Permit, the
following activities are prohibited in or on the Conservation Easement:
a„ Construction or placing of buildings, roads, signs, billboards or
other advertising, utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill,
or dumping or placing of trash, waste, or unsightly or offensive materials;
c.. Removal or destruction of trees, shrubs, or other vegetation, except
for the removal of exotic or nuisance vegetation in accordance with a District approved
maintenance plan;
d.. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or
other material substance in such manner as to affect the surface;
e, Surface use except for purposes that permit the land or water area
to remain in its natural or enhanced condition;
f.. Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservation including, but
not limited to, ditching, diking and fencing;
g. Acts or uses detrimental to such aforementioned retention of land
or water areas;
h.. Acts or uses which are detrimental to the preservation of the
structural integrity or physical appearance of sites or properties having historical,
archaeological, or cultural significance.
4 Passive Recreational Facilities. Grantor reserves all rights as owner of
the Property, including the right to engage in uses of the Property that are not prohibited
herein and that are not inconsistent with any District rule, criteria, the Permit and the
intent and purposes of this Conservation Easement. Passive recreational uses that are
not contrary to the purpose of this Conservation Easement may be permitted upon
written approval by the District.
a.. The Grantor may conduct limited land clearing for the purpose of
constructing such pervious facilities as docks, boardwalks or mulched walking trails
b. The construction and use of the approved passive recreational
facilities shall be subject to the following conditions:
L Grantor shall minimize and avoid, to the fullest extent
possible, impact to any wetland or upland buffer areas within the Conservation
Easement Area and shall avoid materially diverting the direction of the natural surface
water flow in such area;
Form 1 191 (01/2007) Deed of Conservation Easement - Standard Passive Recreational Page 3 of 9
Packet Page -1176-
12/13/2011 Item 16.A.10.
ii. Such facilities and improvements shall be'consiructedManc���`
maintained utilizing Best Management Practices;
iii Adequate containers for litter disposal shall be situated
adjacent to such facilities and improvements and periodic inspections shall be instituted
by the maintenance entity, to clean any litter from the area surrounding the facilities and
improvements;
iv. This Conservation Easement shall not constitute permit
authorization for the construction and operation of the passive recreational facilities
Any such work shall be subject to all applicable federal, state, District or local permitting
requirements.
5.. No Dedication. No right of access by the general public to any portion of
the Property is conveyed by this Conservation Easement.
6. Grantee's Liability. Grantee shall not be responsible for any costs or
liabilities related to the operation, upkeep or maintenance of the Property.
7, Property Taxes. Grantor shall keep the payment of taxes and
assessments on the Easement Parcel current and shall not allow any lien on the
Easement Parcel superior to this Easement. In the event Grantor fails to extinguish or
obtain a subordination of such lien, in addition to any other remedy, the Grantee may,
but shall not be obligated to, elect to pay the lien on behalf of the Grantor and Grantor
shall reimburse Grantee for the amount paid by Grantee, together with Grantee's
reasonable attorney's fees and costs, with interest at the maximum rate allowed by law,
no later than thirty days after such payment. In the event Grantor does not so
reimburse the Grantee, the debt owed to Grantee shall constitute a lien against the
Easement Parcel which shall automatically relate back to the recording date of this
Easement. Grantee may foreclose this lien on the Easement Parcel in the manner
provided for mortgages on real property,
B. Enforcement. Enforcement of the terms, provisions and restrictions of this
Conservation Easement shall be at the reasonable discretion of Grantee, and any
forbearance on behalf of Grantee to exercise its rights hereunder in the event of any
breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's
rights hereunder.,
9. Assignment. Grantee will hold this Conservation Easement exclusively for
conservation purposes.. Grantee will not assign its rights and obligations under this
Conservation Easement except to another organization or entity qualified to hold such
interests under the applicable state laws.
90. Severability. If any provision of this Conservation Easement or the
application thereof to any person or circumstances is found to be invalid, the remainder
of the provisions of this Conservation Easement shall not be affected thereby, as long
as the purpose of the Conservation Easement is preserved,
Form 1191 (01/2007) Deed of Conservation Easement - Standard Passive Recreational Page 4 of 9
Packet Page -1177-
( 12/13/2011 Item 16.A.10.
11. Terms, Conditions, Restrictions, Purpose. The terms, conditions,
restrictions and purpose of this Conservation Easement shall be inserted by Grantor in
any subsequent deed or other legal instrument by which Grantor divests itself of any
interest in the Conservation Easement. Any future holder of the Grantor's interest in the
Property shall be notified in writing by Grantor of this Conservation Easement..
12.. Written Notice. All notices, consents, approvals or other communications
hereunder shall be in writing and shall be deemed properly given if sent by United
States certified mail, return receipt requested, addressed to the appropriate party or
successor -in- interest.
11 Modifications. This Conservation Easement may be amended, altered,
released or revoked only by written agreement between the parties hereto or their heirs,
assigns or successors -in- interest, which shall be filed in the public records in
Collier County..
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms,
conditions, restrictions and purposes imposed with this Conservation Easement shall be
binding upon Grantor, and shall continue as a servitude running in perpetuity with the
Property,
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of
said Property in fee simple; that the Conservation Easement is free and clear of all
encumbrances that are inconsistent with the terms of this Conservation Easement; and
all mortgages and liens on the Conservation Easement area, if any, have been
subordinated to this Conservation Easement; and that Grantor has good right and lawful
authority to convey this Conservation Easement; and that it hereby fully warrants and
defends the title to the Conservation Easement hereby conveyed against the lawful
claims of all persons whomsoever.
IN WITNESS WHEREOF,
Collier County
(Grantor) has hereunto set its authorized hand this
day of , 20
a f- Ieride eefperetien jpoliticav subdivision of the State of Florida,
M
V- v (Signature)
Name: Torn Henning ATTEST:
(Print)
Title: Chairman, Board of County Commissioners Aj L.
f f gnetwe on r
„ysf�irmd:so�r
Form 1191 (01/2007) Deed of Conservation Easement - Standard Passive Recreational Page 5 of 9
Packet Page -1178-
Signed, s e and a
By:
I
Name:
STATE OF FLORIDA
! ss:
COUNTY OF _ Oa�61+Bij
witnesses:
12/13/2011 Item 16.A.10.
-0%9 • V 1/ 1 *WP ; V V ►/
gnature
�f
(Print)
On this 22tb day of TLr ite
20-&-.8'_ before mv, the undersigned notary public, personalty appeared
—7 —f) I /74 the person who subscribed to the
foregoing instrument, as t e Chairman (title), of
Collier. County Board of County Commissioners (eeFpeFat e, id-
eepperstiortr and acknowledged that he /she executed the same on behalf of -strict- Grantor
- eefpemli and that he /she was duly authorized to do so. He /She is personally known
to me or has produced a (state) driuer's�
license as identification .
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC, STA
Name:
(Print)
My Commission Expires:
Approy,ikd as to form and legal sufficiency
Jeff E. right, Assistant County Attorney
MY COMMSSION i DD 748730
EXPIRES: April 28, 2012
Form 1191 (01/2007) Deed of Conservation Easement - Standard Passive Recreational
Packet Page -1179-
sf-VjW ,d..,a 5W—
Page 6 of 9
12/13/2011 Item 16.A.10.
\ MORTGAGEE JOINDER, CONSENT AND SUBORDIN 0 -Wof r A%14 Avv-r
For Ten Dollars ($10 00) and other good and valuable consideration, the
ade acy and receipt of which are hereby acknowledged,
the owne and holder of a mortgage dated , in the original
principal mount of $ given by
( "Grantor ") to
( "Mortgagee "),
( "Property "),
with that certain Assign
certa
ring the real property described on Exhibit "A" attached hereto
is recorded in Official Records Book
at Page , (together
nt of Leases and Rents recorded in Official Records Book
at Page and those
;ing Statement(s) recorded in Official Records Book
at Page ), all of the
Public Records of County, Florida (said
mortgage, assignment of leases \the , and UCC -1 Financing Statements, as
modified, are hereinafter referred to ortgage "), hereby joins in, consents to and
subordinates the lien of its Mortg has been, and as it may be, modified,
amended and assigned from time to the foregoing Conservation Easement,
executed by in favor
of the South Florida Water Management \Joind licable to the Conservation
Easement, as said Conservation Easement fied, amended and assigned
from time to time, with the intent that the Moe subject and subordinate to
the Conservation Easement
IN WITNESS WHEREOF, this Mortgagonsent and Subordination is
made this day of , 20
M
(signature)
Name:
(Print)
Title:
WITNESSES:
By: By:
(Signature) (Signature)
Name: Name:
not (Print)
sEwWd g
Form 1191 (01/2007) Deed of Conservation Easement - Standard Passive Recreational Page 7 of 9
Packet Page - 1180 -
I
n
TE OF FLORIDA
J'WY OF
The forego
day
was acknowledged before me this
Mortgage), on behalf of the
(Mortgagee, Grantor of the
me or has produced a
as identification,.
IN WITNESS WHEREOF, I hereunto set my hand and
NOTARY PUBLIC, STATE OF FLORIDA
(Signature)
Name:
My Commission Expires:
12/13/2011 Item 16.A.10.
LU P Dy
(print name), as
_ (title) of
(Grantor of
I seal.
(state) driver's license
sit 0^V-9V-
Form 1191 (0112007) Deed of Conservation Easement - Standard Passive Recreational Page 8 of 9
Packet Page -1181-
EXHIBIT A
[DESCRIPTION OF PROPERTY]
01.12/13/2011 Item 16.A.10.
Form 1191 (01/2007) Deed of Conservation Easement - Standard Passive Recreational Page 9 of 9
Packet Page -1182-
OR. 12/13/2011 Item 16.A.10.
EXHIBIT "A"
PARENT PARCELS
(From Warranty Deed recorded in O R. Book 3091, Page 2521)
All of that land lying in the North Y2 of Section 15, Township 50 South, Range 26
East, Collier County, Florida, (North Parcel) described as follows:
Beginning at the Northeast comer of Section 15, Township 50 South, Range 26
East, Collier County, Florida, thence along the North line of Section 15, South
87 037'14" West 100.16 feet to the West right -of -way line of State Road 951 for a
PLACE OF BEGINNING: then along the West right -of -way line South 00 051'53"
West 892.87 feet; thence South 87 °43'59" West 4870.63 feet to the West line of
Section 15; thence along the West line of Section 15, North 00 015'23" West 882.49
feet to the Northwest corner of Section 15; thence North 87 °37'14" East 4888.46 feet
to the PLACE OF BEGINNING. LESS AND EXCEPTING THEREFROM the East 25
feet previously conveyed to Collier County by Special Warranty Deed recorded in
O.R. Book 2487, Page 3087, as re- recorded in O.R.. Book 2492, page 420, Public
Records of Collier County, Florida.
(From Warranty Deed recorded in O,R. Book 2645, Page 2641)
The Southeast % of the Southeast' /4 of the Southeast % of Section 9, Township 50
South, Range 26 East, Collier County, Florida.
Packet Page -1183-
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