Agenda 01/12/2010 Item #16C 2
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Agenda Item No. 16C2
January 12, 2010
Page 1 of 9
Recommendation to accept a Rcka:;: ::.f Cons.::;:-~..;~t: .)~ E~~.::m::nt by the State of Florida Department
of Environmental Protection (I'uE,') <:( a ,i" bo'",:,; en Livingston Road at Carlton Lakes
Boulevard in Collier County, Florida. AI a cost uot to cx,e<d $44.00, Project No. 74030.
.
EXECUTIVE SUMMARY
OBJECTIVE: The public purpose of thiS project IS to Implement Aquifer Storage and Recovery (ASR)
technology in order to protect the public water supply by increasing the available recJaimed water to be
used for irrigation. This aClion for the release of the Conservation Easement recorded in O.R. Book 3694,
Page 1158, Public Records of Collier County, FJorida is in compliance with permit application number:
11-0229854-001.
CONSIDERATIONS: FDEP had permitted the Livingston Road lnigation Quality Aquifer Storage and
Recovery System (ASR) and associated stormwater management system through the issuance of pennit
munber: 11-0229854.001. In consideration of consent for the Livingston Road ASR site, a Deed of
Conservation Easement was granted to the Florida Department of Environmental Protection as mitigation
for the impacts to the wetlands on the Livingston Road ASR site. This conservation easement is located
on the site owned by the Collier County Water-Sewer District (District) at 15694 Livingston Road,
Naples, Florida.
The District has provided FDEP with sufficient compensatory mitigation through the purchase of credits
from the Big Cypress Mitigation Bank to offset the conservatbn easement property on the Livingston
Road ASR site. FDEP acknowledges and agrees that the District has fully complied with its obligations
and hereby does recommend that the Deed of Conservation Easement Jocated on the Livingston Road
ASR site, which is recorded in O.R. Book 3694, Page 1158, Public Records of Collier County, Florida, be
terminated and released.
This project is consistent with the 2008 Wastewater Master Plan Update Final Report adopted by the
Board of County Commissioners on June 24, 2008, as Agenda Item lOB and 10 C. This project is
referenced in the Wastewater Master Plan in Table 8-2. page 4 of 5, Line] 5 I.
A location map and a legal description and sketch of the real property to be released from the
Conservation Easement which depicts the easement area on the parent parcel to be released are attached.
FISCAL IMPACT: The total cost will not exceed $44.00 for recording the Release of Conservation
Easement. Funds in the amount of $44.00 are available in the FY 10 budget for this action in Project
74030. The FY 10 budget was approved by the Board of County Commissioners on September 24, 2009.
Source of funds is Wastewater User fees.
GROWTH MANAGEMENT: This project meets current Growth Management PJan standards to ensure
the adequacy and availability of viable public facilities.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office and is legally sufficient - STW.
RECOMMENDATION: That the Board of County Commissioners of Collier County, FJorida, as the
Governing Body of Collier County, and as Ex.Officio the Governing Board of the Collier County Watcr
Sewer District:
I. Accept the Release of Conservation Easement;
2. Approve and authorize the Chairman to execute the attached Release of Conservation Easement and
any and all other County Attorney's Office approved documents rclated to this transaction;
3. Direct the County Manager or his designee to proceed to follow all appropriatc closing procedures.
and to record the Release of Conservation Easement in the Public Records of Collier County, Florida.
PREPARED BY: Marlene J. McLaughlin, Property Acquisition Specialist
Real Property ManagementlDepmtment of Facilities Management
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Agenda Item No. 16C2
January 12, 2010
Page 2 of 9
eOLLIER eOUNTY
BOARD OF COUNTY COMMtSSIONERS
Meeting Date:
16C2
Recommendation to accept a Release of Conservation Easement by the State of Florida
Department of Environmental Protection (FDEP) at a site located on Livingston Road at
Carlton Lakes Boulevard in Collier County, Florida, at a cost not to exceed $44.00, Project
No. 74030.
1112120109:00:00 AM
Item Number,
ttem Summary:
Prepared By
Marlene McLaughlin
Property Acquisition Specialist
Date
Administrative Services
Division
Facilities Management
12/15/2009 1 :50:04 PM
Approved By
Alicia Abbott, E.!.
Project Manager
Date
Public Utilities Division
Public Utilities Engineering
12/15/20093:27 PM
Approved By
Steven Williams
Assistant County Attorney
Date
County Attorney
County Attorney
12/16/2009 4:02 PM
Approved By
Skip Camp, C.F.M.
Director - Facilities Management
Date
Administrative Services
Division
Facilities Management
12/17/20094:08 PM
Approved By
Jeff Klatzkow
County Attorney
Date
12/23/2009 8:44 AM
Approved By
Phil E. Gramatges, P .E.
Project Manager, Principal
Date
Public Utilities Division
Public Utilities Engineering
12124/20099:34 AM
Approved By
Toni A. Matt
Manager. Property Acquisition & Const
M
Date
Administrative Services
Division
Facilities Management
12128/200910:18 AM
Approved By
Thomas Wides
Director w Operations Support - PUD
Date
Public Utilities Division
Utilities Finance Operations
12/28/200910:19 AM
Approved By
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Agenda Item No. 16C2
January 12, 2010
Page 3 of 9
James w. Delony
Date
County Attorney
County Attorney
12/28/20091:02 PM
Approved By
Susan Usher
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
12/29/20099:30 PM
Approved By
Mark Isackson
ManagementiBudget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
12/31/20092:58 PM
Operations & Procedures Manual- 09/25/07
Agenda Item No. 16C2
January 12, 2010
SLER 1515 - Form CE-15, Page'age 4 of 9
Form CE-15
RELEASE OF CONSERVATION EASEMENT
THIS RELEASE OF CONSERVATION EASEMENT is made this day of
,20 by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (Department), whose address is Florida Department of Environmental Protection,
Division of State Lands, 3900 Commonwealth Boulevard, Mail Station 130, Tallahassee, Florida
32399.
WHEREAS, pursuant to Permit No.1 1-0229854-001, Collier County Board of County
Commissioners. granted a Deed of Conservation Easement to the Department on December 9,
2004 recorded in Official Records Book 3694, Pages lI58-1I6I, Public Records of Collier
County, Florida (the Conservation Easement) encumbering certain real property located in Collier
County, Florida as more particularly described in Exhibit A attached hereto.
WHEREAS the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION authorized the Livingston Road reclaimed-water aquifer storage and recovery
system (ASR) and associated stormwater management system through issuance of Permit No. 11-
0229854-001. In consideration of consent for the Livingston Road ASR site, a Deed of
Conservation Easement was granted to the Florida Department of Environmental Protection as
mitigation for the permanent impacts to 3.6 acres of wetlands and temporary impacts to 2.15 acres
of wetlands. The Deed of Conservation Easement is perpetual and runs with the land and is
binding upon the Grantor, its heirs, successors and assigns.
WHEREAS the 2.15 acres of wetlands to be temporarily impacted was permanently
impacted and incorrectly referenced and was more accurately 2.43 acres and there was an
additional 0.74 acres of wetlands impacted through the creation ofa stormwater berm.
WHEREAS, Collier County Board of County Commissioners has provided the
Department with sufficient compensatory mitigation to offset the release ofthat certain real
property more particularly described in Exhibit A through the purchase 0.99 credits from Big
Cypress Mitigation Banle
WHEREAS, the Department agrees to release that certain real property (Properly) located
in Collier County, Florida as more particularly described in Exhibit A attached hereto;
NOW THEREFORE, the Department does hereby terminate and release the Conservation
Easement. Further the Department acknowledges and agrees that Collier County Board of County
Commissioners has fully complied with all of its obligations set forth in Specific Condition 5 of
the Permit.
IN WITNESS WHEREOF, the undersigned has caused this Release of Conservation
Easement to be executed as of the day and year first above written.
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Operations & Procedures Manual- 091'25107
Agenda Item No. 16C2
January 12, 2010
Page 5 of 9
SLER 1515 - Form CE -15. Page 2
Signed, sealed and delivered
In the presence of;
STATE OF FLORIDA DEPARTMENT
OF niVIRONMENT AL PROTECTION
By;
Director of District Management
District Office
Print Name:
Print Name
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by as of the Department of
Environmental Protection, successor agency to the Department of Environmental Regulation. He/she is
personally known to me or has produced as identification.
,
WITNESS my hand and official seal in the County and State last aforesaid this
,20
day of
Notary Public
[Notary Seal]
Print Notary Name
Commission Expiration:
Commission Number;
Agenda Item No. 16C2
January 12, 2010
Page 6 of 9
(t:U::K 1515 - Form CE - 15), Page 3
Dated Project! Acquisition Approved by
BCC:
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
BY:
Donna Fiala, Chairman
Approved for form and legal sufficiency
~"I~ 7.W.O~.~.;",
IlJRRif<:r Ii U~Assistant County Attorney
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Agenda Item No. 16C2
12,2010
P ge 7 of 9
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EXHIBIT A
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ASR WELL PRESERVE
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SHEET 1 OF 2
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DESCRIPTION: ASR WELL PRESERVE SKETCH -AND DESCRIPTION
CUENT: COLUER COUNT'(
PREPARED BY:
BY:
KNEY, P.S.M. NO. 5606
DATE: JULY 7. 150<1-
PROJECT NO,: 796~
FILE NO: 868,1
30AUG04
SCALE: N. T.S
DRAWN BY: GWH
ACAO NO:8683-SD2
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SCALE; ,~- 200'
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CONTAINING 1.92 ACRES OF LAND MORE OR LESS. (8.'5505 SF);
SUBJECT TO EASOIENTS AND RESTRlCnONS Of RECORD:
.=.:..:... ;HAr PART OF nit NCR~w.:::ST 1/4 Of" SECn~ 19 TOWNSHIP 48 SOUTH, RANGE
2f1 ~ST, COWER COUNTY, FLORIDA. SElNG MORE P"RTlCULARLY DESCRIBED AS
FOLLOWS:
COUMENClNG AT A NORTl1'tlEST CORNE~ or TRACT LB"" (L_B.E.) Of CARLTON LAKES
UNIT J ACCORDING TO lHE PLAT THEREOF AND AS RECORDED IN Pl...A T BOOK 34
f'AGfS 6fi THROUGti 73 or THE PUBUC RECORDS OF COW~ COUNTY F'LORIDA SAID
C:~ER o'Il..SO L'I1NO 00 THE 'llIEST UNE OF THE NORTHv.e;r 'A OF SAID SECTION 19,
THENCE NORni 89" 00'54" EAST -'LOMG THE NORTHERLY UNE Of SAID mACT LB.
(LB.E.) II DISTANCE or 32..37 PEEl;
THENCE LEAIIING SAID UNE NORTH 0'59'1)6- WEST A DISTANC( Of 20.09 fEET TO THE
POINT Of BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED:
'!HENCE NORn-t 88~9'55. E"Sf A DISTANCE Of 229,ae FEET:
lHENCE NORTH 52'26'48'" EAST A OlSTANCE OF 21.81 FEET;
lHENCE NORTH 01"19'42- lIEST ... DISTANCE 0( 226.91 FEET;
THENCE NORTH 28'6'08- WEST A DISTANCE OF 75.96 FErT:
THENCE NORTH 5T27'25" WEST A DISTANCE CE 53.40 FUT;
THENCE SOJTH 77"20'34. VlEST A DISTANCE CE' 8.58 FEET;
THENCE SOUTH 89'08'07" VlEST A DISTANCE Of 129.52 FEET;
THENCE NORTH 0'!>1'53" wtST A DISTANCE CF 18.111 FEET TO THE BEGINNING OF A
ClJR'Yt:: CONCA'Yt:: SOUTHYI{;STERLY AND HAVING A RADIUS OF 3.00 rEET;
THEN<.:E: NORTHERLY NORTHWESTERlY 1IoE5'lERLv AND SQUTH'lilESlERLV ALONG THE ARC
Of SAID CURVE THROUGH A CENTRAL AHa...E CF 11916'40- AN ARC DISTANCE OF 6.25
FEET;
THENCf SOOTH 59~1'27- WEST A DISTANCE Of 55.31 fEET:
THENCE SOUTH 0'49'46" EAST A DIST.-.NCE OF 166.35 FEET:
lHENCE NOR'lH eg'OJ'40" EAST A DISTANCE or 26.72 fEET;
THENCE SOOTH 42'41'0'" EAST A DISTANCE or 19.38 FEH;
THENCE SOOTH 0'!J4'18" EAST A DISTANCE OF 28.00 FEET;
THENCE SOUTH 41'+6'24- WEST A DISTANCE Of 23.73 FEET;
THENCE SOPUltl 0'4)'22. EAST A DISTANCE a 104.80 FEET TO THE POINT Of
Bf:G1NNING or THE PARca HERE.lN D€SCRIaED:
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CARL TON LAKES BOULEVARD
(TRACT "R")
CARLTON LAKES UNIT NO.2
TRACT "LB4" (IS' L.RE.)
Sll0'39'0I5"E 15.00
N8900'S""E 400_00
EXlS"IING S"'nE PROPOSED
PClHJS I'ROPOSfD MElL (Tlf>.)
2" PW:- 1M 1ER
SER\<<:E (TYP.)
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ASR WELL
SITE
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PRESERVE:
(1.92 ACRES :1:)
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EXlS1JNG~
(FENCED)
DtfSTING """"TOR
MElL (rrP.)
P.O.B.
Ll
P.O.C.(NW CORNER OF
TRACT
"LB4")
PREPARED BY:
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... UNDAGE.__
ProI_kmal enPlIMn" plaJt.flO!'TOI, .. AaDd ,,,",,,yon
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GENERAL NOTES:
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CHORDBEARlNG
N60'JO IJ' IV
LINE TABLE
LENGTH
32.37
21109
18.61
55.31
/66.35
26.72
19.38
28.00
23.7J
104.60
229.013
21.61
226.91
75.96
5.J.40
8.58
129.52
Bfi:ARING
l. DIMENSIONS ARE IN frU AND DECIMALS THEREOF.
2. BEARINGS ARE BASED ON THE WESTERLY LINE OF THE
NORTHwE:ST QUARTf:R OF SECTION 19. TOWNSHIP "8
SOUTH. RANGE 26 EAST, COLLIER COUNTY. flORIDA.
6E"'RING NORTH 00"59'Q6" l'oEST.
BY:
.30AUG04
SCALE: 1 N
DRAWN BY:
ACAO NO: 8683
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150'
GWH
SQZ
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1504
7969
868~
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TRACT "LB4" (IS' L.B.E.)
P.O.C. = PotNT OF COMMENCEMENT
P.O.B. = POINT OF BEGINNING
SHEET 2 OF 2
u.*.NOT A FIELD SURVEY....u.
DESCRIPTION: ASR WELL PRESERVE SKETCH AND DESCRIPTION
CUENT: COLLIER COUNTY
eopioorCO'U"1}'~r1y~i!ix!r.:Nap-k1~,FL:
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Agenda Item No. 16C2
January 12, 2010
Page 9 of 9
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Livingston Road ASR Wellsite
15694 Livingston Road