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Backup Documents 01/12/2010 Item #16C2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 C 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original docllments should be hand delivered to the Board Office rhc completed routing slip and original documents arc 10 be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines If I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exec lion of the Chainnan's si 'nature, draw a line throu h mulin lines If] thrall h #4, com tele the checklist, and forward to Sue Filson (line #5) R!lute to Addressee(s) Office Initials Date 0_ ist in routing order) 2. /1 i? 4 <: ',--,,- V ), I 12 10 (1'h,; primary contact is the holder of the origmal document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive sUl1'mary. Primary contact infonnation is needed in the event onc of the addressees above, including Sue Filson, need to contact stafr for additional or missing information, All original documents needing the BCC Chairman's signature are to be delivered to the BeC office only after the BCC has acted to approve the item,) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 5. Ian Mitchell, BCC Ot1ice Su erVlsor 6. Minutes and Records Board of County Commissioners d-c,if-Bldd- IIRt+iJ CJ ne.- Yes (Initial) N/A(Not A licable) Clerk of Court's Office PRIMARY CONTACT INFORMATION Phone Number mar/. n~ /3-, dc;h /?ek. U:n,y-.:.rva~--n~ Agenda Item Number ~ /VIA N mber of Original ocuments Attached N/A Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9,1809 I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attomey's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the CountY Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a )icablc. "Sign here" tabs are placed on the appropriate pagts indicating where the Chairman's signature and initials are required. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mithchell in the BCC otTice within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of your deadlines! The document was approved by the BCe on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. " 3. 4. 5. 6. MEMORANDUM 16C2 Date: January 13, 2010 To: Marlene McLaughlin, Property Acquisition Specialist Real Estate Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Release of Conservation Easement w/FDEP Attached please find the original (Agenda Item #16C2), as referenced above and approved by the Board of County Commissioners on Tuesday, January 12,2010. Please return document to the Minutes and Records Department to be retained for the public record. If you should have any questions, please call me at 252-8411, Thank you, Operations & Procedures Manua/- 09/25/07 SLER 1515 - Form CE-15, Page 116 C 2 Form CE-15 RELEASE OF CONSERVATION EASEMENT THIS RELEASE OF CONSERVATION EASEMENT is made this I~ day of ~ ,20 10 by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL ROTE nON (Department), whose address IS Flonda Department of EnvIronmental ProtectIOn, Division of State Lands, 3900 Commonwealth Boulevard, Mail Station 130, Tallahassee, Florida 32399. WHEREAS, pursuant to Permit No. 11-0229854-001, 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 1158-1161, 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- 0229854-00 I. 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 of that certain real property more particularly described in Exhibit A through the purchase 0.99 credits from Big Cypress Mitigation Bank. WHEREAS, the Department agrees to release that certain real property (Property) 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. Operations & Procedures Manual- 09/25/07 16C2 SLER 1515 - Form CE -15, Page 2 Signed, sealed and delivered In the presence of: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Print Name: By: Director of District Management District Office 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: Dated Project! Acquisition Approved by BCC: hn1n1 /.;1, .::JOIO () , AS TO PURCHASER: DA TEDdn,,~~~~~/() A TTES .. .' . , DWIGHt E.a.~OCK, ~ler~ Attest aP~~fJ'!~'1 , i 1 Qnaturtolll ' Approved for form and legal sufficiency ~.~7 wili.,~, ... JjRRif-;-" n Ufl-.;t,,\ Assistant County Attorney Sfwe... r. w ',/1 :..""~ (SLER 1515 - Form CE -15), Page 16 C 2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNT?"; FLORIDA '. , BY: Donna Fiala, Chairman , PREPARED BY: --- ---1 -- - -- ASR WELL PRESERVE VICINlTY MAP // ---)) I ~ !I \ P / (II ~'J~lS12'~'i~ . I j'[fl.lY" f't:::--'~ I J ifiTDrIJ\yrJ '~,II V~ -T~fl G I J r-=i~~ ~r~\ ~ WLLOUGHBY ACRES 1 -tl:J 1<00 0-''' "' ""w DONOVAN CENTER .t BRE EWOOD PEUCAN MARSH .- UVlNGSTON lAKES S,';,,',;;;, '1::_, 16C EXHIBIT A PaGe I of d... '" I'- CYPRESS WOODS GOLF & COUNTY CLUB w N f- "" f- Vl '" W f- Z L--C:;RESSj WOODS _:::::GrJ[E~ CO~. N;l CLUBJ \_- MOCAKE CRESTWOOO SHEET 1 OF 2 *****NOT A FIELD SURVEY***** DESCRIPTION: ASR WEll PRESERVE SKETCH AND DESCRIPTION CLIENT: COLLIER COUNTY I I N: ..... .... .... .... I:::: &c ..... :::::- UNDAGE.DfC. Professional engineers, planners, At: land surveyors Colliei' c.ualT- 8111.. aoa, 7400 ~ orr.u.. NMUl; N...... ft. au.. (Ml)ll7-:UI1 t.e CoualT- 811I." 101, 1" .....,. Stnet, hrl""'" ft.""1 ("')U'1-aUl CerlUIMto! 6f M~",-- La........ a... f&z:: (....1....-_ 30AUG04 SCALE: N T S DRAWN BY: GWH ACAD NO:8683-SD2 DATE: JULY 7 PROJECT NO.: FILE NO: 1504 7969 8683 ~ ~'i.: ~~ LEGAL DESCRIPTION ALL THAT PART OF THE NORTH'M:ST 1/4 OF SECTION 19 TOWNSHIP 4-B SOUTH, RANGE 25 EAST, COWER COUNTY, FLORIDA, BEING tJORE PARTICULARLY DESCRIBED AS FOLLOWS: COt.lMENCING AT A NORTHWEST CORNER Of TRACT L8'" (l.B.E.) OF CARL TON LAKES UNIT J ACCORDING TO THE PLAT THEREOF AND AS RECORDED IN PLAT BOOK 34 PAGES 66 THROUGH 73 Of THE PUBUC RECORDS OF COLLIER COUNTY FLORIDA SAiD CORNER ALSO LYING ON THE WEST LINE OF THE NORTHWEST !4 OF SAID SECTION 19; THENCE NORTH 89' 00'54" EAST ALONG THE NORTHERLY UNE OF SAID TRACT L84 (LSE) A DISTANCE OF 32.37 FEET; THENCE LEAVING SAID UNE NORTH 0'59'06" WEST A DISTANCE OF 20.09 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE NORTH 88'59'55~ EAST A DISTANCE Of 229.08 FEET; THENCE NORTH 52'26'48" EAST A DISTANCE OF 21.61 FEET; THENCE NORTH 010'9'-42" \NEST A DISTANCE OF 226.91 FEET: THENCE NORTH 2616'06~ WEST A DISTANCE OF 75_96 FEET; THENCE NORTH 57"27'25n WEST A DISTANCE OF 53.-40 FEET; THENCE SOUTH 77"20'34" 'ltEST A DISTANCE OF 8.58 FEET; THENCE SOUTH 89ue'07" \\EST A DISTANCE OF '29.52 FEET; THENCE NORTH 0"51'53" WEST A DISTANCE OF 18.61 FEET TO THE BEGINNING OF A CURVE CONCAVE SQUTHYtESTERL Y AND HA\IING A RADIUS OF 3.00 FEET; THENCE NORTHERLY NORTHWESTERLY '.\"ESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 119"16'-40n AN ARC DISTANCE OF 6_25 FEET; THENCE SOUTH 59"5"27'" WEST A DISTANCE OF 55.31 FEET; THENCE SOUTH 0"49'46" EAST A DISTANCE OF 166.35 FEET; THENCE NORTH 89"03'40"' EAST A DISTANCE OF 26.72 FEET; THENCE SOUTH -42"41'01" EAST A DISTANCE OF 19.38 FEET; THENCE SOUTH 0"54"8"' EAST A DISTANCE OF 28.00 FEET; THENCE SOUTH 41'+6'24n WEST A DISTANCE OF 23.73 FEET; THENCE SOPUTH 0"43'22"' EAST A DISTANCE OF 104.60 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1.92 ACRES OF LAND MORE OR lESS, (83505 SF): SUBJECT TO EASEMENTS AND RESTRICTIONS Of RECORD; ~ N o I<') c:i 2 I- :z ;:) 13 ~ < ...J ~ ~ ~ ~ SCALE: 1 ~ = 200' "- CARLTON LAKES BOULEVARD (TRACT "R") CARL TON LAKES UNIT NO. 2 TRACT "LB4" (15' L.B,E.) 500"59'06 "[ 15.00 N89"QD'54"[ 400.00 E:X1snNG SAIo/P!E POINTS PROPOSED llfiL (TYP.) 2" PIC WAIlR SER>tCE: (TYP.) CURVe TABLe RADIUS DE:LTA CHORD 3.00 119"1640 5.18 CURVE LENGTH Cl 6.25 CHORDBE:ARING N60030 13 W I<') c:i <: I- :Z. ;:)fO 131- ~O << ...J~ 2 E ~ ~ ~ oj M it LINe TABLe LENGTH J2.J7 20.09 18.61 55..31 166.35 26.72 /9.,38 2800 23.73 104.60 229.08 21.61 226.91 75.96 53.40 8.58 129.52 LINE LI L2 LJ L4 L5 L6 L7 L8 L9 LlO L11 L12 L1J L14 LIS L16 L17 BEARING N89"OO'54 >OE NOooS9'06"W NOO"51 '5,3"W 559"51 '27"W SOO"49'46>OE N89"OJ'40"[ 542041 '01 "E SOO"54'18"E S41046'24"W SOO""'J"22'"E N88"59'55"E N52'26'48.E N01"19'42"W N2616'06"W N577.7'25"W S77"20'J4"W S89'08'07"W '" ~ "0 W-:- o~ ..~ ~ BACKWASH POND PUMP STA nON TANKS c c c C <Xl @] }" <0 " '" '" a o '" BACKWASH POND L16 0;- ",- r ;!;~ PRESERVE ~~ (1.92 ACRES :1:.) ",l:j ~~ L6 >- E:XISnNG llfiL "'~ (FE:NCED) \I!- ~'"' >: E:XIsnNG _TOR llfiL (TYP.) P.O.B, L11 LI 589" 054 W 440.00 GENERAL NOTES. . :t I- o < ~ 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. BEARINGS ARE BASED ON THE WESTERL Y LINE OF THE NORTHWf:ST OUARTER OF SEcnON 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLLIER COUN fy, FLORIDA, BEARING NORTH 00"59'06" WEST. TRACT "LB4" (15' L.BE) P.O,C. = POINT OF COMMENCEMENT P.O,s. = POINT OF BEGINNING SHEET 2 OF 2 .....NOT A FIELD SURVEy..... DESCRIPTION: ASR WEll PRESERVE SKETCH AND DESCRIPTION CLIENT: COLLIER COUNTY VI I N: P.O.C.(NW CORNER OF TRACT "LB4") PREPARED BY: ..... .... ... ..... .... ..... ..... ====== UNDAGE,DfC. Prates.ionaI engineers, planners, at land .ur;veyora CoWer eelUotJ: kl.. 100. ,~ ~ Tnll. ~ Na,a.. PI. 141_ ("'l)la1-llll '- Coualy: SIlltol 101, lau ...,. ---. fort .,..... ft. _a ("l)&l7-llll Certln-l.e 01 .&.lltIaod'latiaa rc.. L8 .... .... .. ... I'u:: (MIJMf-_ BY: & 30AUG04 5606 1504 7969 8683 SCALE: 1" 150' DRAI'.N BY: GWH ACAD NO: 8683 SD2