Backup Documents 02/09/2010 Item #17A
kendall m
-
From:
Sent:
To:
Cc:
Subject:
kendall m
MOndaY, January 04, 201010:25 AM
(mlnutesandrecordS@clerk.colller.f1.us)
'Patricia L. Morgan'; GreenwoodThomas; CohenRandall; NeetVirginia
Advertisement Request for SSA #12 - BCC Hearing January 26,2010
17 A "
Please process the attached, acknowledge receipt and send confirmation at your earliest convenience. Thank you.
-m
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Ad Request Fonm BCC Legal Ad 15 SSA-AREA-12 Ad
for SSA #12 Ad... day Hearlng 55... Map.pdf
P.S. Hard copy is being forwarded interoffice mail to your Department and County Manager copy fOrwarded to
Mary Jo Brock/County Manager office.
Marcia Kendall, Senior Planner
Comprehensive Planning Department
2800 N. Horseshoe Drive
Naples, FL 34104
Phone: (239)252-2387
Fax: (239)252-2946
Email: marciakendall(IDcollieq:ov.net
I
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
17 A "1
(i)
To: Clerk to the Board: Please plllce the following as a:
x Normal legal Advertisement
(Display Adv., location, etc.)
o OIher:
**********************************************************************************************************
Originating DepJ/ Div: Comprehensive Planning Dept.
Person: Marcia R. Kendall, Senior Planner Date: 1/4/10
Petition No. (If none, give brief description): Stewardship Sending Area (SSA) #12
Petitioner: (Name & Address): Sunniland Family Limited Partnership, P.O. Box. 930, Naples, FL 34143 (Owner); George Vamadoe,
Vamadoe, Chefty, Passidomo, Wilson & Johnson, 821 Fifth Avenue SouIh, Naples, FL 34102 (Attorney), Bruce Johnson, Wilson
Miller, Inc., 101 N. Woodland Blvd., Deland, FL 32720 (Agent)
Name & Address of any person(s) 10 be notified by Clerk's Office: (If more space is needed, attach separale sheel) N/A
Hearing before X BCC
BZA
OIher
Requested Hearing date: Januarv 26. 2010 Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
X Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & common location & Size: See Attached
Companion petition(s). if any & proposed hearing date:
Does Petition Fee include advertising COsl? Yes. H Yes, what account should be charged for advertising costs:
111-138317-649110-00000
Dale
I /~ Jo
.
List Attachments: Advertisement Request and Advertisement Display Map
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: Hlegal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office wiD distribute
copies:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head 10 approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received:
Date of Public hearing:
Dale Advertised:
17A '>-1
January 26,2010 Board of County Commissioners Public Hearing
Advertising Requirements
Please publish the following Advertisement and Map on Sundav. Januarv 10, 2010, and
furnish proof of publication to Marcia Kendall, Planner, Comprehensive Planning
Department, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement
must be no less than one-quarter page and the headline in the advertisement must be
in a type no smaller than 18 point. The advertisement must not be placed in that
portion of the newspaper where legal notices and classified advertisements appear.
Please reference the followina on ALL Invoices:
DEPARTMENT: COMPREHENSIVE PLANNING
FUND & COST CENTER: 111-138317-649100-00000
PURCHASE ORDER NUMBER: 4500112358
ACCOUNT NUMBER 068778
17A~~
NOTICE OF INTENT TO CONSIDER RESOLUTION
Notice is hereby given that on Tuesday, January 26, 2010 in the County
Commissioners Boardroom, 3rd Floor, W. Harmon Turner Building (Bldg. F.), Collier
County Government Center, 3301 East Tamiami Trail, Naples, Florida the Board of
County Commissioners will consider the enactment of a County Resolution. The meeting
will commence at 9:00 A.M. The Title of the proposed Resolution is as follows:
RESOLUTION 2009-
A Resolution of the Collier County Board of
County Commissioners designating 4,793.5 Acres
in the Rural Lands Stewardship Area Zoning
Overlay District as a Stewardship Sending Area
with a designation as "Sunniland Family SSA 12"
pursuant to the terms set forth in the Escrow
Agreement, Stewardship Sending Area Credit
Agreement for Sunniland Family SSA 12, and
Stewardship Easement Agreement for Sunniland
Family SSA 12; approving a Stewardship Sending
Area Credit Agreement for Sunniland Family SSA
12; approving a Stewardship Easement
Agreement for Sunniland Family SSA 12;
approving an Escrow Agreement for Sunniland
Family SSA 12; and establishing the number of
stewardship credits generated by the designation
of said Stewardship Sending Area
All interested parties are invited to appear and be heard. Copies of the proposed
Resolution are available for public inspection in the Comprehensive Planning
Department. Written comments filed with the Clerk to the Board's Office prior to
Tuesday, January 26, 2009, will be read and considered at the public hearing.
If a person decides to appeal any decision made by the Board of County Commissioners
with respect to any matter considered at such meeting or hearing, he will need a record
of that proceeding, and for such purpose he may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN or
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROOK, CLERK
By: /s/ Patricia Morgan, Deputy Clerk
(SEAL)
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)
To: Clerk to the Board: Please place the foUowing as a:
x Normal legal Advertisement
(Display Adv., location, etc.)
o OIher:
..****.***....***.....****..........*..................****.****...****..........**.....................**
Originating Deptl Div: Comprehensive Planning Depl.
Person: Marcia R. Kendall, Senior Planner Date: 1/4/10
Petition No. (If none, give brief description): Stewardship Sending Area (SSA) #12
Petitioner: (Name & Address): Sunniland Family Limited Partnership, P.O. Box. 930, Naples, FL 34143 (Owner); George Varnadoe,
Varnadoe, Cheffy, Passidomo, Wilson & Johuson, 821 Fifth Avenue SouIh, Naples, FL 34102 (Attorney), Bruce Johnson, Wilson
Miller, Inc., 101 N. Woodland Blvd., Deland, FL 32720 (Agent)
Name & Address of any person(s) to be notified by Clerk's Office: (lfmore space is needed, attach separate sheel) N/A
Hearing before X BCC
BZA
OIher
Requested Hearing date: January 26. 2010 Based on advertisemenl appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
X Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & common location & Size: See Attached
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes. If Yes, what account should be charged for advertising costs:
111-138317-649110-0??oo
Dale
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,
Lisl Attachmeots: Advertisement Request and Advertisement Display Map
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office wiD distribute
copies:
o County Manager agenda me: to
Clerk's Office
o Requesting Division
o Original
B. OIher hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
.......*.**......*..***....................**..............................................................
FOR CLERK'S OFFICE USE,?~J.: ,1~t.I,,, l\ 11\1 If>
Date Received: ~ Date of Public hearing: ~ Date Advertised: ~
17 AH4 '
-
NOTICE OF INTENT TO CONSIDER RESOLUTION
Notice is hereby given that on Tuesday, January 26, 2010 in the County
Commissioners Boardroom, 3'd Floor, W. Harmon Turner Building (Bldg. F.), Collier
County Government Center, 3301 East Tamiami Trail, Naples, Florida the Board of
County Commissioners will consider the enactment of a County Resolution. The meeting
will commence at 9:00 A.M. The Title of the proposed Resolution is as follows:
RESOLUTION 2009-
A Resolution of the Collier County Board of
County Commissioners designating 4,793.5 Acres
in the Rural lands Stewardship Area Zoning
Overlay District as a Stewardship Sending Area
with a designation as "Sunniland Family SSA 12"
pursuant to the terms set forth in the Escrow
Agreement, Stewardship Sending Area Credit
Agreement for Sunniland Family SSA 12, and
Stewardship Easement Agreement for Sunniland
Family SSA 12; approving a Stewardship Sending
Area Credit Agreement for Sunniland Family SSA
12; approving a Stewardship Easement
Agreement for Sunniland Family SSA 12;
approving an Escrow Agreement for Sunniland
Family SSA 12; and establishing the number of
stewardship credits generated by the designation
of said Stewardship Sending Area
All interested parties are invited to appear and be heard. Copies of the proposed
Resolution are available for public inspection in the Comprehensive Planning
Department. Written comments filed with the Clerk to the Board's Office prior to
Tuesday, January 26, 2009, will be read and considered at the public hearing.
If a person decides to appeal any decision made by the Board of County Commissioners
with respect to any matter considered at such meeting or hearing, he will need a record
of that proceeding, and for such purpose he may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN or
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Isl Patricia Morgan, Deputy Clerk
(SEAL)
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From:
Sent:
To:
ec:
Subject:
Attachments:
kendall_m [MarciaKendall@colliergov.net]
Monday, January D4, 2D1 D 1 D:25 AM
Minutes and Records
Patricia L. Morgan; GreenwoodThomas; Cohen, Randall; NeetVirginia
Advertisement Request for SSA #12 - BCC Hearing January 26, 201 D
Ad Request Form for SSA #12 AdvertisementoD01.pdf; BCC Legal Ad 15 day Hearing SSA #
12 Aiternative.docx; SSA-AREA-12 Ad Map.pdf
Please process the attached, acknowledge receipt and send confirmation at your earliest convenience.
Thank you.
<<Ad Request Form for SSA #12 AdvertisementOOD1.pdf>> <<BCC Legal Ad 15 day Hearing SSA #12
Alternative.docx>> <<SSA-AREA-12 Ad Map.pdf>>
P.S. Hard copy is being forwarded interoffice mail to your Department and County Manager copy
forwarded to Mary)o Brock/County Manager office.
Marcia Kendali, Senior Planner
Comprehensive Planning Department
2800 N. Horseshoe Drive
Naples, FL 34104
Phone: (239)252-2387
Fax: (239)252-2946
Email: marciakendall@collier.ov.net
17 A
. .
January 26, 2010 Board of County Commissioners Public Hearing
Advertising Requirements
Please publish the following Advertisement and Map on Sundav. January 10, 2010, and
furnish proof of publication to Marcia Kendall, Planner, Comprehensive Planning
Department, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement
must be no less than one-quarter page and the headline in the advertisement must be
in a type no smaller than 18 point. The advertisement must not be placed in that
portion of the newspaper where legal notices and classified advertisements appear.
Please reference the following on ALL Invoices:
DEPARTMENT: COMPREHENSIVE PLANNING
FUND & COST CENTER: 111-138317-649100-00000
PURCHASE ORDER NUMBER: 4500112358
ACCOUNT NUMBER 068778
.4
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17 A i1
Acct. #068778
January 4,2010
Attn: Legals
Naples News Media Group
1100 lmmokalee Road
Naples, FL 34110
Re: SSA #12 (Display Ad w/Map)
Dear Legals:
Please advertise the above referenced petition on Sunday, January 10, 2010 and
kindly send the Affidavit of Publication, in duplicate, together with charges involved
to this office.
This will be a display. I have attached a map that is to be included with the
advertisement.
Thank you
Sincerely,
Martha Vergara,
Deputy Clerk
P.o. #4500112358
17 AV1
January 26, 2010 Board of County Commissioners Public Hearing
Advertising Requirements
Please publish the following Advertisement and Map on Sundav. Januarv 10. 2010, and
furnish proof of publication to Marcia Kendall, Planner, Comprehensive Planning
Department, 2800 North Horseshoe Drive, Naples, Florida 34104 as well as the Minutes
and Records Department, 3301 Tamiami Trail E., Building F, 4th Floor, Naples, Florida
34112. The advertisement must be no less than one-quarter page and the headline in
the advertisement must be in a type no smaller than 18 point. The advertisement must
not be placed in that portion of the newspaper where legal notices and classified
advertisements appear.
Please reference the following on ALL Invoices:
DEPARTMENT: COMPREHENSIVE PLANNING
FUND & COST CENTER: 111-138317-649100-00000
PURCHASE ORDER NUMBER: 4500112358
ACCOUNT NUMBER 068778
17 A
~
I
NOTICE OF INTENT TO CONSIDER RESOLUTION
Notice is hereby given that on Tuesday, January 26, 2010 in the County
Commissioners Boardroom, 3rd Floor, W. Harmon Turner Building (Bldg. F.), Collier
County Government Center, 3301 East Tamiami Trail, Naples, Florida the Board of
County Commissioners will consider the enactment of a County Resolution. The meeting
will commence at 9:00 A.M. The Title of the proposed Resolution is as follows:
RESOLUTION 2009-
A Resolution of the Collier County Board of
County Commissioners designating 4,793.5 Acres
in the Rural lands Stewardship Area Zoning
Overlay District as a Stewardship Sending Area
with a designation as "Sunniland Family SSA 12"
pursuant to the terms set forth in the Escrow
Agreement, Stewardship Sending Area Credit
Agreement for Sunniland Family SSA 12, and
Stewardship Easement Agreement for Sunniland
Family SSA 12; approving a Stewardship Sending
Area Credit Agreement for Sunniland Family SSA
12; approving a Stewardship Easement
Agreement for Sunniland Family SSA 12;
approving an Escrow Agreement for Sunniland
Family SSA 12; and establishing the number of
stewardship credits generated by the designation
of said Stewardship Sending Area
All interested parties are invited to appear and be heard. Copies of the proposed
Resolution are available for public inspection in the Comprehensive Planning
Department. Written comments filed with the Clerk to the Board's Office prior to
Tuesday, January 26, 2009, will be read and considered at the public hearing.
If a person decides to appeal any decision made by the Board of County Commissioners
with respect to any matter considered at such meeting or hearing, he will need a record
of that proceeding, and for such purpose he may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management
Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112,
(239) 252-8380. Assisted listening devices for the hearing impaired are available in the
County Commissioners' Office.
1 ,.-
17A__'~,
.
,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN or
FRED W. COYLE, VICE-CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Isl Patricia Morgan, Deputy Clerk
(SEAL)
Martha S. Vergara
17_A 1~
.
From:
Sent:
To:
Subject:
Attachments:
Martha S. Vergara
Tuesday, January 05, 2D10 9:50 AM
Naples Daily News Legals
SSA #12
SSA #12 (1-26-2010).doc; SSA #12 (1-26-201D).doc
Legals,
Please advertise the following attached ad on Sunday. Januarv 10. 2010.
Please send an ok when you receive.
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(ma rtha. veraara(alcollierclerk.com)
I
Martha S. Vergara
lot 7 A, 1 ~
.
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Tuesday, January 05, 2010 12:02 PM
Martha S. Vergara
RE: SSA #12 Ad Map
Not a problem. Hope everything is OK.
Thanks for the map.
Em :D
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Tuesday, January D5, 2D10 11:49 AM
Posted To: Legals - NDN
Conversation: SSA #12 Ad Map
Subject: SSA #12 Ad Map
Sorry E,
Had to go to the Dr. and I forgot to send it...
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-84D8 fax
(martha, verqa ra(Cilcoll ierclerk.com)
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailinghelodesk(Cilcollierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain,
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity, Instead, contact this office by telephone or in writing.
I
Martha S. Vergara
17 A ...
,.
\
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Tuesday, January 05,20103:16 PM
Martha S. Vergara
RE: SSA #12
COST $1265.40
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Tuesday, January DS, 2010 9:50 AM
Posted To: Legals - NDN
Conversation: SSA #12
Subject: SSA #12
Lega Is,
Please advertise the following attached ad on Sundav. January 10. 2010.
Please send an ok when you receive.
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-724D
239-252-8408 fax
(martha, veraa ra@collierclerk.com)
Please visit us on the web at www.collierc1erk.com
ThiS electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office byemailinghelodesk@collierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk,com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
I
NAPLESIBONITA DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor of the Naples Daily, a daily newspaper
published at Naples, in Collier County, Florida; distributed
in Collier and Lee counties of Florida; that the attached copy
of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time in the issue
on January 10, 2010
Affiant further says that the said Naples Daily News is a newspaper
published at Naples. in said Collier County, Florida. and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distrihuted in Collier and Lee counties of Florida.
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County. Florida. fOf a period of 1
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, finn or corporation any discount. rebate.
commission or refund for the purpose of securing this advertisement for
p(JeJeu
( Signature of affiant)
Sworn to and subscribed before me
This 13th day ofJanuary, 2010
~~,~~~~"~;->,~ lr:AFlOL E KANGAS
{$~. ,^~j<'b\ Notary Public. Slate of Florida
~',.. ..;~ My Cornm. ExpIres Ju129, 2013
~-~'/"( ,:<-y' Commission # DD 912237
"',i.'; ,;\~,.,
17 A ,.
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in .the CoUllly CQmniis-
dlJ. R), COwer CQt.lnty
a the Board. of County
lution.The meeting will
is as follows:
Copies .of #18. ptQpo$eCl
nslve P1ailllIngOepart,
OffIce prior to 1\IelI<I8y,
heerlrig. .
W,ARDaHIP,_&NDlNQ
A'UIAa (...)
-:":,~~~--~..~- -
- ........-~-...~-'~--.-....
ion in order to partlei-
the provilllon of ~rtain
ement Dlipartment, 10-
34112, (289) 252-83ll0.
ble in the County Com-
IOOUtBd"'VOWDPinVOUl'itcllll!ll:jllllllllwtumcliteourit
FJ"n:~~~~~'~~,=~:allKtMfi~
, FLORIDA
MAN
Ily Clel'k (SEAL)
GEhIonlwBinllDIIllUUlllOal1clnl
Januarv 1 0 201~~
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. .to CONSIDER""Lun~
NAPLESIBONITA DAILY NEWS .
Published Daily , NOIIk:e is hereby given that on llJaad~; J8Iluary f6, 2'010 in the ~ COmniI8-
Naples FL 34102 sioll8fll Boardroom, 3rd F\j)Or, W. HlIrlI1dn'Turner'Elulti:tlllg (BkllJ F.), COllter County
, Government Center, 3301'East Taml~i Trail, ~, Florida the Board of County
Commissioners will consider the enactment of a COunty Resoluti\lA. The meeting will
comm~ at 9:00 A.M. The TIlle of the proposed ReIsoIutIc:m is as follows:
Affidavit of Publi
State of Florida
County of Collier
Before the undersigned they serve as
appeared Phil Lewis, who on oa
serves as the Edilor of the Naples D
published at Naples, in Collier Cou
in Collier and Lee counties ofFlorid~
of the advertising, being a \
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on January 10, 2010
Affiant further says that the said Naples Dai
published at Naples, in said Collier County, F
newspaper has heretofore been continuously J
County, Florida; distributed in Collier and Le
each day and has been entered as second clas!
office in Naples. in said Collier County, FlOl
year next preceding the first publication O.
advertisement; and affiant further says that h
promised any person, finn or corporation
commission or refund for the purpose of seeur
pub' 'on in the said newspaper.
( Signature of affiant)
Sworn 10 and subscribed before me
This 13th day of January, 2010
f
(Signature of notary publi
"'"'',,
~~~~~",ou~;'" KAROL E KA
::0 t,',
i"~..It ...! Notary Public. Sta
!~ 4<. "';g My Comm. Expires
~'~:t' 0_ 1\0't.~~:: Commission # [J
I'"j",,"
,'-1
"
RE8Oll1TlON 2010..
A RlllIOIutIon C!f,.eCollleiCounty BolIRl, of County Commlaaioners
delIIgnaitng 4,793.5 ADreilln ..,'.taI...... ~alllshIP Area Zon-
Ing OverlayDIetrict .. a ~'''''llJArea .with a dMlgna-
tion.. "8unnlland F.. 12" ~to the termlllMltblb in
the &crow Ag~:".jil.diIhIp ~Ai'ea CtedIt ~,
for Sunnllalld FIImlIy' ."\IIllI. 8te"'al~Ea8ement ~
fCiI' Sunnllaf1d Family ... 'I#; .....v.Mg !l.SWWardehIp 8lirMllng A!'H
CredIt AgreerneI}t 1m':, . . .', Family 8M 12; appl'I)v1ng a _..rard-
shlpEasement ..... ./i~FlIft\IIySSA12;.~an.
EactoW ~~ .. .' . '..... " amllr. 12; 8hd eetabIIIIIIlnO tile
number of. ..~-~j.!M: I'~ by.\IIe deslgndo1\of 88Id
Stewardeh......odII_.~.. ..'.....<"... .......
.,. F~'..'.?\.-. .
All interested parties all!1It_~ and.bltt-o.COPies .oflhe proPosed
Resolution all! avtillab. .. 'etor. ....".~. .... 1I.'...:Il........""... ,on In lh!I., CloIoprellenslve PllIn.ning Depart"
menl. Written commentlllJlild, .'\flli'ClJ&rk to 1I'\Cll!lc:llud's OfIIce prIOr to 1\Ie8day,
January ae,2010, wtltb!,~l!Ilq~ at ~'/lUblI"'heerlng. .
F.
r
cot..... Co......'u
"_lei.
..,-.wAADeH."'" ....DING
j API..... (aaA)
~...
1- ~- ~,",.
I
I.
I
..:.-=-"'-----'-0_
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!
:---:--:--
If a ~rson decides to aPPe8tany d: made by the BoardofCountyCommis-
sloners' with respecl to ally matter. ..... .., red at SUCtH)'leeti1I9 orh!lliling. he will
need a reCord oflhat p~ing,;~~~ch.PUJ'Il<lll8 he may Mj!dtolinSUre lhlIl a
verbatim record of Ihe~~"made. which record IncitJde$lheteatlmony and
evidence upon ~i!lh tfle !IIlIJe8Ils to. be baseej,. . .
',,' ":"';':" '.-
If you an! a ptlrson with a disability .\\Iho needs any accommodation in order.to partici-
pate in this proceeding, YClu.~ eritmect,at.oo coslto you, to the provisjon of certain
assistance. P1ea8ll cOntact \he COWer COunty Facilities Managemant Departmant, lo-
cated at 3301 Tamiami Trail e.t, aU~ngW, Naples. Florida 34112, (239) 252'6380.
'Assisted listening devices tor tHe ~ng.imP1lIred are available in the. County Com-
missioners' 0fIIce. . .
BOARD OF.COUNTY COMMISSIONERS, cOLLIER COUNTY, FLORIDA
DONNA FIALA,CHAIRMANor FREDw:tOM V1OE~j:lMAN
. DWIGHT E. BROCK, CLERK, By: 1st Patrlcia Morgan, Dtlpilty Clerk (SEAL)
No 231157234
Januarv 10 2010
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL~
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 7 A
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA
Print on pink paper. Attach to original document. Original docUlrenls should be hand delivered LO the Board Office. The completed rouling slip and original
documents are to be forwarded to the Board Office only !ftt! the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exec tino of the Chairman's si nature, draw a line throu rautin lines #1 throu"" #4, co Jete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in rautino order)
1.
JuJ.
?u:
o M.~..
>
2.
3.
4.
5. :Ii:th. MW:.M\ Executive Manager
,
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
"t/(O ro
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson needs to contact staff fOf additional or missing
information. All original documents needing the BCC Chairman's signature are LO be delivered to the BCC office only after the BCC has acted to approve the
item)
Name of Primary Staff Mike Bosi, Principal Planner, Phone Number 252-6819
Contact Comprehensive Planning Department
Agenda Date Item was February 9, 20 I 0 Agenda Item Number l7a
ApProved bv the BCC
Type of Document Stewardship Sending Area Resolution Number of Original 4
Attached approving SSA 12 and Related Agreements Documents Attached
J,OIO-().q
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a ro nate.
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 Attorney'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 Counly 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 licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are r uired,
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by \he BCC on 2-9.2010 and all changes made during
the meeting have been incorporated in the attached document. The County Atlorney's
Office has reviewed \he cha es, if a licable.
2.
3.
4.
5.
6.
Yes
(Initial)
mpb
N/A(Not
A licable)
NIA
mpb
mpb
mpb
mpb
1: Porms! CounlY Forms/ BCC forms/ Original DocumenL'; Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
Date:
To:
From:
Re:
17 A .-,
MEMORANDUM
February 12, 2010
Mike Bosi, Planning Manager
Comprehensive Planning
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Resolution 2010-29: Designating 4,793.5 Acres in the
RLSA Zoning Overlay District as a Stewardship Sending
Area (SSA) as Sunniland Family SSA 12 pursuant to terms
set forth in the Escrow Agreement, SSA Credit Agreement
for Sunniland Family SSA 12, and Stewardship Easement
Agreement for Sunniland Family SSA 12; approving a SSA
Credit Agreement for Sunniland Family SSA 12; approving
a Stewardship Easement Agreement for Sunniland Family
SSA 12; approving an Escrow Agreement for Sunniland
Family SSA 12 and establishing the number of stewardship
credits generated by designation of the SSA
Attached please find a certified copy of the resolution and the original
accompanying documents referenced above (ltem#17 A), adopted
by the Board of County Commissioners on February 9, 2010.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment (1)
17 A '~
EXECUTIVE SUMMARY
Recommendation to authorize the Chairman to sign a resolution designating 4,793.5 acres
in the Rural Lands Stewardship Area (RLSA) as Sunniland Family Limited Partnership
SSA 12 ("Sunniland Family SSA 12"), approving a credit agreement for Sunniland Family
SSA 12, approving an easement agreement for Sunniland Family SSA 12, approving an
escrow agreement for Sunniland Family SSA 12, and establishing the number of
Stewardship Credits generated by the designation of said Stewardship Sending Area in
response to an application by SunniJand Family Limited Partnership, a Florida limited
partnership.
OBJECTIVE: The Stewardship Credit Program is the foundation of the Rural Lands
Stewardship Area Zoning Overlay District (RLSA), which has been recognized in Florida,
regionally, and nationally for visionary methodology to preserve environmentally significant
land, to protect agricultural land and to direct growth to suitable locations. Collier County
adopted the RLSA Overlay as the implementing regulation for the Growth Management Plan
amendments known broadly as the "Rural/Eastem Lands Amendments" which were developed
in response to Administration Commission Final Order No. AC99-002 which required a "Rural
and Agricultural Assessment". The Land Development Code (LDC) was amended to include
Section 4.08.00 entitled, "Rural Lands Stewardship Area Zoning Overlay District Standards and
Procedures." This application by Sunniland Family Limited Partnership, a Florida limited
partnership, is a proactive measure to further enhance the environmental value of this area by
removing land use layers and by dedicating portions of the Sunniland Family SSA 12 area for
restoration activities. The removal of land use layers and the dedication of portions for
restoration activities would result in the award of 14,805.1 Stewardship Credits upon approval of
the SSA, and an additional 8,731.6 Stewardship Credits after restoration is completed.
CONSIDERATIONS: This Designation Application (2008-AR-13l82) proposes a Stewardship
Sending Area consisting of 4,793.5 acres located in the RLSA On all 4,793.5 acres (100.0%)
land use layers 1-6 would be removed to Agriculture - Group 2 (Ag-2). SSA 12 is strategically
located immediately north of and contiguous to the Big Cypress National Preserve and within the
Area of Critical State Concern (ACSC). The legal descriptions have been checked and the
acreage verified as correct.
The permanent removal of these more intensive land use layers will protect natural resources and
agricultural activities as envisioned in the RLSA Overlay, including the protection of a wide
variety of endangered species, such as the Florida panther, Florida black bear, Big Cypress fox
squirrel, wading birds, Florida sandhill cranes, reptiles, amphibians, and listed plant species such
as air plants and various orchids occurring within SSA 12. SSA 12 provides a major benefit for
Florida panther conservation simply by protecting the land and limiting future land uses to
passive agricultural activities (e.g., cattle grazing) within the panther core population. The
proposed Restoration Program for SSA 12 includes a restoration program that will restore and
perpetually manage 2,182.9 acres for restoration of the flowway functions within the
Okaloacoochee Slough via the breaching and/or partial removal of old drainage features (dikes,
canals, etc.). This flowway restoration will enhance water conveyance (i.e., sheet flow) over a
range of hydrologic conditions, and will also provide hydrologic benefits to off site areas such as
the Florida Panther National Wildlife Refuge and the Big Cypress National Preserve that
1
currently receive less sheet flow as compared to pre-settlement conditions. The potential use of
Land Use Layers 7-8 land uses on 4,793.5 acres will remain.
17 A f
Single-family Family care
dwelling, incl facilities (P)
mobile home (P)
Excavation,
extraction ex-
earthminingand
relatedp'ocessing
andproductioo
CU)
Gel cotKSeS
~goIf
mving ranges
ICU)
Oop raising; Farm IOOor housing
h<riicutture;fruit (A)
and nut
p'odudion;
!Joves; nursenes;
irllroved pasture
(P)
Animal tr"eedng Retail sale ~ fresh. Ranching; livestock Watfl management,
loIh..lhan Unploce.o.d '".,;"gIP) lJo,md...erAlCha-gelP)
livestock), raising aj)icultural proWcts;
training, stabling gro'M"I prmarily on
he
propel1y (A)
Un~oved pasture Wildlife management,
and grazing, forestry plant and wikliJe
IP) CllIJSErVaIJC~refuges
and sanct"'ies (P)
Mobile homes
[(P) mMH
Overlay; (A) as
temporary use)
Collection and Asphaltic and Spats
transfer sites for concrete batch Instructional
resource recovery making plants (CU) schools and
ICU) ",""",ICU)
kenneling (P)
Private Velerinaryclinic
boathouses and (CU)
docks on lake.
canal or
waterway lots
A
Spor!ingand
Recreational
~(CU)
Dairying,
beekeeping;
poultry and egg
production; milk
product"" (P)
ReIaiI plan! n........ Hunting _ ICU) _011. m~iga1jon (P)
ICU)
ecreational ~Il?hjld care centers "",,",ulturelor Packinghouse or Cultural. educabonal, Water supply, well fields
facilities integral and adult day ative simir... 8!7iCUlturat orracreational (P): oil and gas
to residential ~Q'S species (P) and nOll- ~ng of farm facilitiesandthei" exploration (P)
development afive species (CU) products produced related modes cI
e.g., golf I>n trallSp<Whng
ourse, the_(A) pat~,\Iie'MlrS
clubhouse, cr paIroos; four
cOOllllunity operations, such as,
center building but 00 I_to
and tennis ariloats, 5'Mimp
facilities, parks, buggies, hases and
playgrounds simitw modes of
nd Iranspa1atm lCU)
P~"""'JA)
Guesthouses Zoo, aquarium, The commercial Sawnills (eU) Excavation and Boardwalks, nature trails
AI aviary, botanical production, raising cr related ~ocessing (P)
garden, orolher breedng or exotic incidentcH to Ag(A)
similar uses (CU) anima~ ICU)
Churches and WhoIesaie rephle Natural resources not
other places of breeding and raising otherwise listed (P)
_hiPICU)
non-venanoos (P)
and verJOI1lllUS(CU)
Coolmunications Essential services (P and
I""""'IPXCU) CU)
Social and Oil and gas field
Fraternal develq:ment and
organizations product"" (CU)
CUI
Private landing
strips for general
aviatio!liC!d.l
Cemeteries (CU)
Schools (CU)
:,,"oup care
aCllitles, AlF
CU)
2
17A
1
\
1
The removal of land use layers yields Stewardship credits measured on a per acre basis is
calculated as follows: Natural Resource Index Value x (times) a factor representing all layers
removed. The removal of Land Use Layers 1-6 yields a factor of 0.9.
The cumulative table of all base credits generated in SSA 12 is shown in Exhibit F of the Credit
Agreement and summarized below. Staff has reviewed and agrees with the calculation of credits
generated by the removal of these land use layers and the Natural Resource Index values
supporting them.
Ag2
Totals
Table I [ofSSA 12 application)
Acres Credits
4.793.5 8.972.5
4,793.5 8,972.5
Early Entry Bonus credits were established to encourage participation in the Stewardship Credit
program. Early Entry Bonus credits are awarded in the amount of 0.5 credits per Habitat
Stewardship Area (HSA) acre located within the Area of Critical State Concern (ACSC) and 1.0
credits per HSA acre located outside the ACSC. The application for SSA 12 was submitted on
April 10, 2008 and the deadline for eligibility for the early entry bonus was January 30, 2009.
Based on the type and location ofHSA acreage within SSA 12, the applicant would be entitled to
a total of 1,466.8 Early Entry Bonus credits. A summary of these credits is shown below. Staff
has reviewed and agrees with these figures.
Table 7 [ofSSA 12 application)
EARLY ENTRY BONUS CALCULATIONS
2,933.6
xO.5
1,466.8
o
x 1.0
o
1,466.8
Early Entry Bonus Calculations
HSA Acres inside the ACSC
Early Entry Bonus Credits per Acre inside the ACSC
Early Entry Bonus Credits (inside ACSA)
HSA Acres outside ACSA
Early Entry Bonus Credits per Acre outside ACSC
Early Entry Bonus Credits (outside ACSA)
Total Early Entry Bonus Credits
Restoration Stewardship credits are awarded at the rate of two (2) credits per acre for land
"dedicated for restoration activities within the Okaloacoochee Slough, contiguous HSAs, or
those portions of the Restoration Zone depicted on the RLSA Overlay Map that are contiguous to
the Okaloachoochee Slough" [LDC Subsection 4.08.06 8.3.f(2)]. "The actual implementation of
restoration improvements is not required for the owner to receive such credits... "(LDC
Subsection 4.08.06 B.3.f3). Referred to as R-l, selected areas are made available for restoration
activities based on current conditions of the property and benefits to be derived from restoration
work. The applicant has submitted a Restoration Analysis and Report (Restoration Plan) as
required in the application.
Restoration credits are also available at the rate of four (4) credits per acre for the completion of
restoration activities by the applicant (R-2). These credits are authorized at the time of SSA
designation, but are not available for transfer until success criteria are met. The applicant has
submitted a Restoration Plan as Exhibit G to the Credit Agreement, as required by the LDC for
R-2 approval. All proposed restoration areas in SSA 12, totaling 2,182.9 acres, include both R-l
3
17 A 1
and R-2 credits. These areas are depicted in Exhibit D to the Credit Agreement. The restoration
activities will consist of hydrologic restoration improvements that will reduce physical
impediments to sheet flow and functionally enhance the flowway's natural hydrologic regime;
restoration improvements that will breach and/or partially remove berms to the natural grade of
adjacent lands within Flowway Restoration Area 1 sufficient to reestablish a natural flow regime;
ecological restoration improvements within the Flowway Restoration Area by the controlling of
exotic and nuisance vegetation to levels less than 5% area coverage; and associated activities as
more specifically described in the Restoration Plan labeled as Exhibit G to the Credit Agreement.
Staff reviewed this Restoration Plan and conducted an extensive site visit with respect to the
2,182.9 acres proposed for R-l and R-2 restoration. A summary of restoration credits follows:
Table 6 (ofSSA 12 application)
RESTORATION CREDIT CALCULATIONS
Restoration Ty
Flowwa Restoration R-2
otals
Acres
2,182.
2,182.
"R1" Credits
( 2.0 per acre)
4,365.8
4,365.8
Total
Restoration
Credits
13,097.4
13,097.
The SSA 12 credit total below shows the sum of Base Credits, Early Entry Bonus Credits and
Restoration Credits:
Table 8 (ofSSA 12 application)
TOTAL STEWARDSHIP CREDITS GENERA TED
redit Source redits
Base Credits 8,972.5
arl Ent Bonus Credits 1,466.
R1" Restoration Credits 4,365.
R2" Restoration Credits 8,731.6
otal 23,536.7
Of the total credits, 14,805.1 credits would be immediately available which is calculated by
totaling the 8,972.5 Base Credits, 1,466.8 Early Entry Bonus Credits and the R-l Restoration
Credits of 4,365.8. The remaining 8,731.6 credits are associated with R-2 restoration and, as
such, they become available only after success criteria are met as specified in the Credit
Agreement.
LEGAL CONSIDERATIONS: Applicants petitioning for Stewardship Sending Areas, who
will obtain SSA credits for the land so designated, must include a Credit Agreement per LDC
Section 4.08.06.C.5. Sunniland Family Limited Partnership has voluntarily requested that the
subject area be designated as a Stewardship Sending Area and has provided the required Credit
Agreement which is also included by reference herein.
LDC Section 4.08.06.C.6 requires that the SSA Credit Agreement shall be approved by a
resolution of the Board of County Commissioners (BCC) at an advertised public meeting by
majority vote. A resolution is submitted for the subject area, which is attached. Additionally,
the LDC requires in Section 4.08.06.C.7 that, following approval by the County, an SSA
memorandum shall be prepared and recorded in the public records, together with necessary
portions or exhibits.
4
17 A'-'
LDC Section 4.08.06.C.8 requires that the applicant prepare and submit Stewardship Easement
Agreements in all cases except when the property is being deeded in fee simple to a
"conservation/preservation agency." The Stewardship Easement Agreement is also attached.
Finally, LDC Section 4.08.06.E.2 requires that, following the Board's approval of the SSA
application and SSA Credit Agreement, a legal description of the land designated SSA, the SSA
credits granted, and the stewardship easement applicable to such lands, shall be provided to the
Collier County Property Appraiser and the applicant, and shall be recorded within 30 days by the
applicant in the public records. The applicant proposes to hold the easement in escrow and to
record the easement when all permits and authorizations have been obtained for the AJico
Stewardship Receiving Area, which shall occur by the 9th day of February, 2015, or the SSA
Credit Agreement and Stewardship Easement Agreement are null and void. In the interim, the
applicant shall record in the public records within 30 days a notice of interim restrictions. The
County Attorney has concluded that this process complies with the intent of the LDC and GMP.
The Resolution, Stewardship Sending Area Credit Agreement, Stewardship Easement
Agreement, and Escrow Agreement have been reviewed for legal sufficiency. -HF AC
FISCAL IMPACT: The applicant, Sunniland Family Limited Partnership, has paid fees
totaling $9,500 for the processing and review of the application, and the development and
maintenance of a Stewardship Credit System Database for the purpose of tracking credits. There
are no additional fiscal impacts associated with the application.
GROWTH MANAGEMENT IMPACT: The Rural Lands Stewardship Area Overlay in the
Future Land Use Element (FLUE) establishes the process and requirements for establishment of
SSAs, the lands qualifying for SSA designation, and the use limitations for lands once they are
designated as SSAs. This land use and growth management tool is implemented through the
Rural Lands Stewardship Area Zoning Overlay. The zoning overlay is based upon requirements
and limitations contained in the FLUE. Therefore, inasmuch as statr s analysis indicates this
petition for designation of Sunniland Family SSA 12 is in compliance with the RLSA Zoning
Overlay, it may also be found to be consistent with the FLUE.
The applicant of SSA #12 intends to utilize the stewardship credits from this SSA to partially
enable the development of the proposed AJico Stewardship Receiving Area. Accordingly, the
applicant for SSA #12 has proposed an Escrow Agreement, shown as Exhibit 4 to the
Resolution, which delays the recordation of the Easement Agreement into public records until
such time that all requirements in the Escrow Agreement and the SRA Credit Agreement
provisions of the LDC are complied with. This proposed delay in the recordation of the
Easement Agreement is not expressly authorized in the LDC; however, the County Attorney has
opined that the recording of the notice of restrictions until the easement is recorded is consistent
with the intent of the LDC.
RECOMMENDATION: That the Board of County Commissioners adopt a resolution
designating 4,793.5 acres in the Rural Lands Stewardship Area Overlay as Stewardship Sending
Area 12 ("Sunniland Family SSA 12"); approve the Credit Agreement for Sunniland Family
SSA 12 and the number of stewardship credits generated by the designation of said Stewardship
Sending Area in response to an application by Sunniland Family Limited Partnership, a Florida
limited partnership; approve the Easement Agreement for Sunniland Family SSA 12; approve the
Escrow Agreement for SUlmiland Family SSA 12; and direct the County Manager or his
5
17A d~
designee to prepare a SSA memorandum to be recorded in the public records together with the
necessary portions or exhibits of the SSA Credit Agreement and Easement; direct the County
Manager or his designee to provide said documents to the Collier County Property Appraiser and
the applicant; and require the applicant to comply with the provisions of the Escrow Agreement
made a part of its approval with respect to recordation.
PREPARED BY: Mike Bosi, AICP, Manager, Comprehensive Planning Department
6
17A .~
RESOLUTION 2010- 29
A Resolution of the Collier County Board
of County Commissioners designating
4,793.5 Acres in the Rural Lands
Stewardship Area Zoning Overlay District
as a Stewardship Sending Area with a
designation as "Sunniland Family SSA 12"
pursuant to the terms set forth in the
Escrow Agreement, Stewardship Sending
Area Credit Agreement for Sunniland
Family SSA 12, and Stewardship Easement
Agreement for Sunniland Family SSA 12;
approving a Stewardship Sending Area
Credit Agreement for Sunniland Family
SSA 12; approving a Stewardship
Easement Agreement for Sunniland
Family SSA 12; approving an Escrow
Agreement for Sunniland Family SSA 12;
and establishing the number of
stewardship credits generated by the
designation of said Stewardship Sending
Area
WHEREAS, Sunniland Family Limited Partnership, a Florida Limited
Partnership. owns approximately four thousand seven hundred ninety-three and
five tenths (4,793.5) acres located within the boundaries of the Rural Lands
Stewardship Area Zoning Overlay District ("RLSA District") located in Collier
County. Florida; and
WHEREAS, Owner has voluntarily requested that said land be designated
as a Stewardship Sending Area ("SSA") in accordance with, and pursuant to
Section 4.08.06 of the Collier County Land Development Code ("LDC") and the
terms of the Escrow Agreement for Sunniland Family SSA 12 Stewardship
Sending Area Credit and Stewardship Easement Agreement; and
WHEREAS, Owner has submitted a SSA Designation Application
("Application") for the Sunniland Family SSA 12 land; and
1
17 A ~
WHEREAS, Collier County Staff has reviewed the Application, along with
support documentation and information required by Section 4.08.06 of the LDC,
and determined that the Application is legally sufficient; and
WHEREAS, the Collier County Board of County Commissioners ("Board")
has determined the Escrow Agreement, Stewardship Sending Area Credit
Agreement for Sunniland Family SSA 12, and Stewardship Easement Agreement
for Sunniland Family SSA 12 are in compliance with, and meet the requirements
of the LDC, and provide a substantial benefit to the general public.
NOW, THEREFORE, be it resolved by the Board that:
1.
Sunniland Family SSA 12, as described in attached Exhibit 1,
consisting of approximately four thousand seven hundred ninety-
three and five tenths (4,793.5) acres is hereby designated as a
Stewardship Sending Area ("SSA"), and will be officially designated
as "Sunniland Family SSA 12 " on the Official Zoning Atlas Map
pursuant to the terms of the Escrow Agreement for Sunniland
Family SSA 12, Stewardship Sending Area Credit Agreement for
Sunniland Family SSA 12 and the Stewardship Easement
Agreement for Sunniland Family SSA 12.
2.
The Stewardship Credit Agreement for Sunniland Family SSA 12,
attached hereto as Exhibit 2, meets the requirements of Section
4.08.06 of the LDC and the Board hereby approves the
Stewardship Credit Agreement for Sunniland Family SSA 12.
3.
The Stewardship Easement for Sunniland Family SSA 12, attached
hereto as Exhibit 3, meets the requirements of Section 4.08.06 of
the LDC and the Board hereby approves the Stewardship
Easement Agreement for Sunniland Family SSA 12.
4.
The Escrow Agreement for Sunniland Family SSA 12, attached
hereto as Exhibit 4, is hereby approved by the Board which
provides for the delay of the recordation of the Stewardship
Sending Area Credit Agreement for Sunniland Family SSA 12 and
the Stewardship Easement Agreement until such time as the
proposed development project has received the necessary final
and non-appealable local, state and federal permits, other than plat,
site development plan and building permit, necessary to construct
the development project consistent with the provisions of Section
4.08.07 of the Collier County Land Development Code.
5.
The Board hereby establishes, grants and assigns fourteen
thousand eight hundred and five and one tenth (14,805.1)
Stewardship Credits to the Owner, which may be sold, transferred,
2
17 A ...,
or otherwise utilized by the Owner in accordance with Section
4.08.04 of the LDC and the terms of the Escrow Agreement for
Sunniland Family SSA 12; Stewardship Sending Area Credit
Agreement for Sunniland Family SSA 12 and the Stewardship
Easement Agreement for Sunniland Family SSA 12.
6.
The Board hereby establishes and authorizes an additional eight
thousand seven hundred and thirty one and six tenths (8,731.6)
Stewardship Credits to be transferred to the Owner under the terms
of the Credit Agreement attached hereto as Exhibit 2.
7.
The Board further approves and authorizes the acceptance of the
Stewardship Easement Agreement for the Sunniland Family SSA
12 lands.
8.
By its designation of the lands described in Exhibit 1 as a
Stewardship Sending Area, the County shall not hereafter grant or
approve any increase in the density or additional uses beyond
those uses specifically authorized in the Sunniland Family SSA 12
Credit Stewardship Sending Area Credit Agreement.
THIS RESOLUTION ADOPTED this qt" day of r.b,,,,,,'1 ' 2010, after
a Motion, seconded, and majority vote favoring same.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATt~.r.:1JVit~!"'IT E. BROCK
/' ~~\.';~>~.. '\". '.."fr "'.
~w.~
FRED COYLE, Cha' an
./
C. By:
;~. f..'. .'.:--'. c;; ~uty Clerk
..lJe-iblr-:;''''. . /' .. . .
"APpro~, .1ffl~nd
legal sufficiency:
~7 wJLI '- @
AJ!y:Heidi Ashton-Cicko, Assistant County Attorney
Land Use Section, Chief
Item II t1iL
~:da a-4-ID
:~d ~-ll-! D
3
17A
,
This Instrument Prepared by:
George L. Varnadoe, Esq.
Cheffy Passidomo, PA
821 Fifth Avenue South, Suite 201
Naples, Florida 34102
STEWARDSHIP EASEMENT AGREEMENT
(Sunniland Family SSA 12)
THIS STEWARDSHIP EASEMENT is granted this ~ day of ~~brIJ~(,Y ,2010,
by Sunniland Family Limited Partnership, a Florida limited partnership, whose address
is P.O. Box 930, Immokalee, Florida 34143-930, hereinafter collectively called
"Grantor", to Collier County, a political subdivision of the State of Florida, and Florida
Department of Agriculture and Consumer Services, hereinafter collectively called the
"Grantees".
RECITALS
A. Grantor is the owner of approximately four thousand seven hundred
seventy-five and nine tenths (4,775.9) acres of land situated in Collier
County, Florida, and more specifically described in Exhibit "A" attached
hereto and incorporated herein by reference (hereinafter "Property" or
"Sunniland Family SSA 12").
B. Grantor and Collier County entered into a Stewardship Sending Area
Credit Agreement ("SSA Agreement") of even date herewith, which
designated the Property "Sunniland Stewardship Sending Area 12"
("Sunniland Family SSA 12"). This four thousand seven hundred seventy-
five and nine tenths (4,775.9) acre parcel, as legally described in Exhibit
"A", has been designated as a "Stewardship Sending Area" ("SSA") in
accordance with Section 4.08.06 of the Collier County Land Development
Code ("LDC"). The Property is depicted on Exhibit "B".
C. The SSA Agreement and Section 4.08.06 C.8. of the LDC require Grantor
to provide a perpetual Stewardship Easement identifying the specific land
management measures for Sunniland Family SSA 12 and the party
responsible for such measures.
D. In exchange for the designation of the Property as SSA, the County has
granted and assigned to Grantor twenty three thousand five hundred
twelve and two tenths (23,512.2) Stewardship Credits, of which eight
thousand seven hundred thirty-one and six tenths (8,731.6) Stewardship
Credits are authorized as Restoration Stewardship Credits and are not
17 A
available for transfer until success criteria are met as set forth in the SSA
Agreement. When available for transfer, the total twenty three thousand
five hundred twelve and two tenths (23,512.2) Stewardship Credits will
allow Grantor to entitle two thousand nine hundred thirty-nine (2,939)
acres for development within the Rural Lands Stewardship Area District.
E. The purposes of this Stewardship Easement are (1) to designate the
allowed uses of the Property consistent with the terms of the SSA
Agreement, (2) to identify specific land management measures and the
party responsible, (3) to provide for the enforcement of the Stewardship
Easement; and (4) in the areas to be restored by Grantor, to provide the
restoration improvements and success criteria.
NOW THEREFORE, in consideration of the designation of the Property as
Stewardship Sending Area, together with other good and valuable consideration, the
adequacy and receipt of which are hereby acknowledged, Grantor hereby grants,
creates, conveys and establishes a perpetual nonexclusive Stewardship Easement for
and in favor of the Grantees upon the property described in Exhibit "A", which shall run
with the land and be binding upon the Grantor, its successors and assigns and shall
remain in full force and effect forever. It is agreed as follows:
1.
The recitals and exhibits are incorporated by reference as if repeated
verbatim herein.
2.
Exhibit "C" depicts and Exhibit "0" describes the four thousand seven
hundred seventy-five and nine tenths (4,775.9) acres within Sunniland
Family SSA 12 where the following six (6) Land Use Layers are eliminated
and the Property is henceforth prohibited from being utilized for the
following land uses, as defined in Section 4.08.06 8.4. of the LOC:
a. Residential Land Uses, also described as Land Use Layer 1.
b. General Conditional Uses, also described as Land Use
Layer 2.
c. Earth Mining and Processing Uses, also described as Land Use
Layer 3.
d. Recreational Uses, also described as Land Use layer 4.
e. Agriculture - Group 1, also described as Land Use Layer 5.
f. Agriculture - Support Uses, also described as Land Use layer 6.
17A
3.
Grantor reserves all other rights as Owner of the Property, including the
right to engage in all other uses of the Property that are not inconsistent
with the SSA Agreement or the intent and purposes of this Stewardship
Easement. Grantor may use Sunniland Family SSA 12 only for the land
uses set forth in this paragraph:
a. Conservation, Restoration, and Natural Resources Uses (Land Use
Layer 8) are allowed on all of the Property, including the specifics
thereof setforth in Section 4.08.06 BA.b. of the LDC.
b. Those lands in Sunniland Family SSA 12 land depicted on Exhibit
"C" as having had the first six (6) Land Use Layers eliminated, may
also be used for Agriculture - Group 2 (Land Use Layer 7) as
defined in Section 4.08.06 BA of the LDC. Agriculture - Group 2
uses cannot be converted to Agriculture - Group 1 from and after
the designation of such lands as a SSA.
c. Grantor retains the right to construct farm and ranch roads and
other facilities in connection with existing and retained uses on the
Property, and to maintain such roads and other facilities within the
Property that have historically served uses on the Property and on
adjacent lands, including below-ground oil and gas pipes and lines
serving the existing oil production pads located inside the
boundaries of Sunniland SSA-12, which pads are not included in
Sunniland SSA-12.
d. Grantor retains the right to engage in traditional activities on the
Property, such as, but not limited to hiking, hunting (including
organized hunting activities), nature observatory and other eco-
observation excursions, and other such occasional non-destructive
activities.
4.
The Grantees shall have the right to enjoin any activity on or use of the
Property that is inconsistent with this Stewardship Easement and to
enforce the restoration of such areas or features of the Property that may
be altered by any inconsistent activity or use. Notwithstanding the above,
Grantor shall not be liable for or be obligated to restore alterations of the
Property caused by third-parties or acts of God.
5.
The following land management measures shall be undertaken as to
Sunniland Family SSA 12 and the Grantor, its successors and assigns, of
the fee title to the Property shall be the party responsible for such
measures:
17 A
a. On those lands within Sunniland Family SSA 12 on which
Agriculture - Group 2 uses are the only remaining agricultural uses,
land management measures will be those customarily utilized in
ranching operations in Southwest Florida. These customary
measures may include brush clearing, mechanical brush control
("chopping") prescribed burning, other exotic and nuisance species
control, fence construction and maintenance, silvicultural
management, and berm, ditch and ranch road maintenance.
b. For those areas to be designated for restoration and to be restored
by Grantor, additional land management measures will be required.
The areas designated for restoration which are to be restored by
Grantor are referred to as Flowway Restoration Area and are
depicted on Exhibit "E" and described in Exhibit "F". The additional
land management measures which are required after restoration
improvements are set forth in the Restoration Program described in
Exhibit "G" hereof.
6. The required restoration improvements, success criteria, land
management measures and other commitments of Grantor in respect to
the Flowway Restoration Area are contained in the Restoration Program.
7. Grantees shall not be responsible for any costs or liabilities related to the
operation of or land management measures for the Property, except for
damage or alteration of the Property caused in whole or in part by
Grantee's acts or omissions.
8. Grantor shall pay any and all real property taxes and assessments levied
by competent authority on the Property.
9. References to the LDC are to those provisions of Section 4.08.06 of the
Collier County Land Development Code in existence as of the date of this
Stewardship Easement Agreement and those LDC provisions shall control
as to all rights, obligations, implementation, entitlements, land uses
eliminated and permitted, and interpretations, requirements, or issues
relating thereto, notwithstanding any future amendments thereto.
10. Enforcement of the terms and provisions of the Stewardship Easement
shall be at the reasonable discretion of Grantees, and any forbearance on
behalf of Grantees to exercise their rights hereunder in the event of any
breach hereof by Grantors, shall not be deemed or construed to be a
waiver of Grantees' rights hereunder. All costs and reasonable attorneys'
fees incurred in enforcing, judicially or otherwise, the terms and
restrictions of this Stewardship Easement shall be borne by and
recoverable against the non-prevailing party in such proceedings.
17 A 1
.
11. Grantees will hold this Stewardship Easement for the purposes set forth
herein and to ensure compliance with the terms hereof. Grantees will not
assign their rights and obligations under this Stewardship Easement
except to another organization qualified to hold such interests under the
applicable state laws.
12. If any provision of this Stewardship Easement or the application thereof to
any person or circumstances is found to be invalid, the remainder of the
provisions of this Stewardship Easement shall not be affected thereby, so
long as the purpose of the Stewardship Easement is preserved.
13. 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.
14. Except as provided in Section 15 below, this Stewardship Easement may
be amended, altered, released or revoked only by written agreement of
both Grantor and Grantees, which shall be filed in the Public Records of
Collier County, or as provided for in the Escrow Agreement between
Grantor and the County dated February 9,2010.
15. Grantee acknowledges that the removal of Land Use Layers to generate
Stewardship Credits under the Stewardship Easement does not preclude
the use of such removal as compensation, mitigation or conservation
measures under any program established by County, state or federal
statute, regulation or ordinance for activities conducted in a Stewardship
Receiving Area utilizing the Stewardship Credits generated by the
Stewardship Easement. Grantee also acknowledges that nothing in this
Stewardship Easement or County LOC precludes Grantor's right to
remove one or more additional Land Use Layers and/or restoration
activities for use as compensation, mitigation or conservation measures
under any program established by County, state or federal statute,
regulation or ordinance either concurrent with or independent of the
generation of additional Stewardship Credits.
TO HAVE AND TO HOLD unto Grantees, their successors and assigns forever.
These covenants, terms, conditions, restrictions and purposes imposed with this
Stewardship Easement shall not only be binding upon Grantor, but also its successors
and assigns, and shall continue as a servitude running in perpetuity with the Property.
Grantor hereby covenants with Grantees that Grantor is lawfully seized of the
Property in fee simple; that the Property is free and clear of all encumbrances that are
17 A ~,"" J
contrary to this Stewardship Easement; that Grantor has good right and lawful authority
to convey this Stewardship Easement; and that Grantor hereby fully warrants title to the
Stewardship Easement hereby conveyed and will defend same against the lawful claims
of all persons whomsoever.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - SIGNATURE PAGES FOLLOW]
17 A . J
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the
day of ,2010.
GRANTEES' ACCEPTANCE OF STEWARDSHIP EASEMENT
WITNESS:
FLORIDA DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES
Name
By:
Print Name:
Its:
Signature
Name
Signature
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Stewardship Easement Agreement was executed before me this _ day
of ,2010, by as of
the Florida Department of Agriculture and Consumer Services, on behalf of the
Department, who is personally known to me or produced as
identification.
Notary Public
Name
Certificate No.
My Commission Expires
17 A ~
ATTEST:
DWI<3HTJ=.,BROCK, CLERK
~ . . .,""'~';":;~:;' . ~:, 0'. " .
~y~~~tC/
. 'AP~;l=ORMAND
LEGAL{30~Flti'l~NCY:
By:-JJrAJ.' A {fo
~ right, Assistant County Attorney
Land Use Section, Chief
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~W. lr~
Fred W. Coyle, Chairman \.
WITNESS:
SUNNILAND FAMILY LIMITED
PARTNERSHIP, a Florida limited partnership
(Signature)
o ILL, v' ,L- )c..... I {/ C~ (i Sl...
<J
By: SUNNILAND PARTNERS, LLC,
a Florida limited liability company
Its: General Partner
Aliese P. Priddy
Managing Member
)
III t v..f ~ c\.. lei II ({ ,,~
~
By:
Print Name:
Its:
(Signature)
fA L JJ... ~<:.L> f/
(Print full name) {
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Easement Agreement was executed before me this 2 day of
~V ,2010, by Aliese P. Priddy, Managing Member of Sunniland
Partners, LLC, a Florida limited liability company, general partner of Sunniland Family
Limited ,ida limited partnership, on behalf of the company, who is
p onally known to me or reduced . entification.
.._"...,I,\CK~
...,.~ ~IOO754172
, . ,~ ltI ...."..ee. Nal\'l16. 2012
=-i : CJ\T"'1;.o7o P\dC\.Ind9IWrI\lllS
. 9cJr1:k1dllWUHDWY
Notary Public
Name:
Certificate No.
My Commission expires:
17 A '~t
LIST OF EXHIBITS
Sunniland Stewardship Sending Area 12 Stewardship Easement Agreement
Exhibit "A" Sunniland Family SSA 12 Land Legal Description
Exhibit "8" Sunniland Family SSA 12 (4,775.9 acre parcel) depicted on Map of SSA
Land
Exhibit "e" Retained Land Uses
Exhibit "D" Legal Description of Sunniland Family SSA 12 Retained Land Uses
Exhibit "E" Suniland Family SSA 12 Flowway Restoration Area
Exhibit "F" Legal Description of Sunniland Family SSA 12 Flowway Restoration Area
Exhibit "G" Sunniland Family SSA 12 Restoration Plan
Cp 12999 doc 38
17 A 'i
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legal Description
Of part of Sections 23-27 and Sections 34-36,
Township 48 South, Range 30 East.
Collier County, Florida.
(Stewardship Sending Area 12, Revised 01/20/2010)
All that part of Sections 23-27 and Sections 34-36, Township 48 South, Range 30 East,
Collier County, Florida and being more particularly described as follows:
Beginning at the Southeast corner of Section 36, Township 48 South, Range 30 East,
Collier County, Florida.
Thence North 89037'54" West along the south line of said Section 36 for a distance of
5,260.70 feet to the Southeast corner of Section 35, Township 48, Range 30 East,
Collier County Florida;
Thence South 89012'00" West along the south line of said Section 35 for a distance of
2,641.23 feet to the South Y. corner of said Section 35;
Thence continue South 89007'44" West along said south line for a distance of 2,642.35
feet to the South east corner or Section 34, Township 48 South, Range 30 East, Collier
County, Florida;
Thence South 89006'03" West along the south line of said Section 34 for a distance of
2,641.41 feet to the South Y. corner of said Section 34;
Thence continue South 89006'34" West along said south line for a distance of 2,635.98
feet to the Southwest corner of said Section 34;
Thence North 22042'49" East a distance of 5,778.50 feet to a point on the south line of
Section 27, Township 48 South, Range 30 East, Collier County, Florida;
Thence leaving said south line North 22057'35" West for a distance of 3,855.59 feet;
Thence North 18012'30" East for a distance of 1,809.50 feet to a point on the south line
of Section 22, Township 48 South, Range 30 East, Collier County, Florida;
Thence North 89024'03" East along the south line of said Section 22, for a distance of
3,770.96 feet to the Southwest corner of Section 23, Township 48 South, Range 30
East, Collier County, Florida;
Thence North 01009'30" West along the west line of said Section 23, for a distance of
5,279.32 feet to the Northwest corner of said Section 23;
Thence North 89017'46" East along the north line of said Section 23, for a distance of
5,283.96 feet to the Northwest corner of Section 24, Township 48 South, Range 30
East. Collier County, Florida;
Thence North 89012'44" East along the north line of said Section 24, for a distance of
2,649.04 feet to the North Y. corner of said Section 24;
Thence leaving the north line of said Section 24 along the southerly boundary of those
lands described in official records book 3903, page 1536 for the following three (3)
courses:
1. South 00047'16" East for a distance of 110.00 feet;
2. North 89025'26" East for a distance of 2,449.05 feet;
3. North 00051 '06" West for a distance of 119.24 feet to a point on the north line
of said Section 24, lying 200 feet west of the east line of said Section 24;
Thence North 88055'50" East along the north line of said Section 24 for a distance of
200.00 feet to the Northeast corner of said Section 24;
Thence South 00057'54" East along the east line of said Section 24 for a distance of
5,319.57 feet to the Northeast corner of Section 25, Township 48 South, Range 30
East, Collier County, Florida;
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l/ZllWItlbr.tl>~il'i<:~er3l2olQ5>ller(ane Suite 200
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Thence South 00'55'50" East along the east line of said Section 25 for a distance of
2,660.18 feet to the East Y. corner of said Section 25;
Thence continue South 00'57'17" East along said east line for a distance of 2,649.72
feet to the Northeast corner of Section 36, Township 48 South, Range 30 East, Collier
County, Florida;
Thence South 00'56'47" East along the east line of said Section 36 for a distance of
2,663.16 feet to the East Y. corner of said Section 36;
Thence continue South 01 '20'28" East along said east line for a distance of 2,640.29
feet to the Southeast corner of Section 36, Township 48 South, Range 30 East, Collier
County, Florida and the POINT OF BEGINNING.
Containing 4,793.45 acres more or less.
LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL 1;
All that part of Section 35, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southeast corner of Section 34, Township 48 South,
Range 30 East, Collier County, Florida;
Thence North 39'24'43" East 1,913.15 feet to the POINT OF BEGINNING;
Thence North 47'25'02" West 254.89 feet;
Thence North 26'36'43" West 15.98 feet;
Thence North 35'50'23" East 332.75 feet;
Thence South 49'58'06" East 165.60 feet;
Thence North 26'59'47" East 91.11 feet;
Thence South 46'28'12" East 117.87 feet;
Thence South 17'06'29" West 68.99 feet;
Thence South 25'20'31" West 1 06.64 feet;
Thence South 44'59'59" West 265.42 feet to the POINT OF BEGINNING.
Containing 2.55 acres more or less.
ALSO LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL 2;
All that part of Section 34, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southeast corner of said Section 34;
LEGAL DESCRIPTION
Thence North 12'06'45" West 1 ,970.05 feet to the POINT OF BEGINNING;
Thence North 89'22'27" West 771.23 feet;
Thence North 56'18'20" West 109.73 feet;
Thence North 00000'00" East 131.88 feet;
Thence North 14031'57" East 141.48 feet;
Thence North 27'18'02" East 176.95 feet;
Thence North 87'59'51" East 436.30 feet;
Thence South 89006'21" East 6.43 feet;
Thence North 40010'20" East 53.21 feet;
Thence South 50047'07" East 59.09 feet;
Thence North 90000'00" East 5.02 feet;
Thence North 87'59'47" East 197.88 feet;
Thence North 64059'04" East 83.96 feet;
Thence North 49023'50" East 194.45 feet;
Thence South 13039'56" West 41.32 feet;
112012010 - 195781 - Vcr: 4 - JCSOTIY
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Thence South 27"12'55" West 90.63 feet;
Thence South 17"21'47" West 38.60 feet;
Thence South 37"24'07" West 98.55 feet;
Thence South 23044'42" West 62.89 feet;
Thence South 34030'45" West 89.41 feet;
Thence South 34059'42" West 56.22 feet;
Thence South 41049'18" West 58.69 feet;
Thence South 32037'14" West 68.35 feet;
Thence South 27"53'30" West 44.30 feet;
Thence South 08058'20" East 44.29 feet;
Thence South 36001'31" East 31.31 feet;
Thence South 57"48'50" East 73.47 feet;
Thence South 60020'08" East 42.33 feet to the POINT OF BEGINNING.
Containing 9.63 acres more or less.
ALSO lESS AND EXCEPTING THE FOllOWING DESCRIBED PARCEL 3;
All that part of Section 34, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southwest corner of said Section 34;
Thence North 45050'21" East 5,414.39 feet to the POINT OF BEGINNING;
Thence North 33022'03" West 118.93 feet;
Thence North 33022'04" West 130.08 feet;
Thence North 56034'27" East 303.88 feet;
Thence South 37"20'55" East 242.47 feet;
Thence South 55018'18" West 192.42 feet;
Thence South 55018'20" West 128.38 feet to the POINT OF BEGINNING.
Containing 1.76 acres more or less.
ALSO lESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL 4;
All that part of Section 34, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southwest corner of said Section 34;
Thence North 34007'47" East 1,754.17 feet to the POINT OF BEGINNING;
Thence North 09028'50" West 23.44 feet;
Thence North 08007'36" West 27.24 feet;
Thence North 00054'06" West 298.68 feet;
Thence South 74003'51" East 34.83 feet;
Thence South 66030'18" East 40.00 feet;
Thence South 64026'39" East 32.08 feet;
Thence North 66002'29" East 44.39 feet;
Thence North 79049'06" East 46.03 feet;
Thence South 30059'23" East 38.37 feet;
Thence South 02027'09" East 52.12 feet;
Thence South 03039'35" West 58.52 feet;
Thence South 02043'50" West 57.61 feet;
Thence South 05000'14" East 56.19 feet;
Thence South 01038'58" West 51.37 feet;
Thence South 70001'08" West 32.57 feet;
Thence North 90000'00" West 38.27 feet;
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Thence South 63'26'39" West 33.79 feet;
Thence South 63'18'10" West 3.18 feet;
Thence South 21 '02'32" West 6.43 feet;
Thence North 77'48'14" West 30.14 feet;
Thence North 90'00'00" West 57.79 feet to the POINT OF BEGINNING.
Containing 1.48 acres more or less.
ALSO LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL 5;
All that part of Section 23, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southwest corner of said Section 23;
Thence North 33'23'03" East 2,397.77 feet to the POINT OF BEGINNING;
Thence North 03'10'09" West 5.22 feet;
Thence North 03'10'46" West 185.33 feet;
Thence North 88'05'21" East 152.26 feet;
Thence South 57'59'47" East 47.85 feet;
Thence South 19'58'58" East 118.74 feet;
Thence North 87'42'22" East 126.90 feet;
Thence South 02'51'44" East 229.96 feet;
Thence South 21 '56'30" West 7.49 feet;
Thence North 77'19'29" West 19.99 feet;
Thence North 90'00'00" West 123.06 feet;
Thence North 80'32'30" West 48.29 feet;
Thence North 45'00'00" West 50.53 feet;
Thence North 38'39'11" West 50.84 feet;
Thence North 42'16'47" West 59.01 feet;
Thence North 55'18'27" West 62.77 feet;
Thence North 56'56'57" West 11.04 feet to the POINT OF BEGINNING.
Containing 2.12 acres more or less.
Containing 4,775.91 net acres more or less.
Subject to easements and restrictions of record.
Bearings are based on the South line of said Section 36, being North 89'37'54" West.
Certificate of authorization #lB-43.
Wilson Miller, Inc.
Registered Engineers and land Surveyors
By: Q {J /71 tdm Date
i~ . Maloney, P essl nal Surveyor and Mapper #lS4493
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Legal Description
Of part of Sections 23-27 and Sections 34-36,
Township 48 South, Range 30 East,
Collier County, Florida.
(Stewardship Sending Area 12, Revised 01/20/2010)
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l!2awrIJbrMIHJi\'ic.er:3I2QU:I&l~'(ane Suite 200
03312-<:47.050. .0
All that part of Sections 23-27 and Sections 34-36, Township 48 South, Range 30 East,
Collier County, Florida and being more particularly described as follows:
Beginning at the Southeast corner of Section 36, Township 48 South, Range 30 East.
Collier County, Florida.
Thence North 89037'54" West along the south line of said Section 36 for a distance of
5,260.70 feet to the Southeast corner of Section 35, Township 48, Range 30 East,
Collier County Florida;
Thence South 89012'00" West along the south line of said Section 35 for a distance of
2,641.23 feet to the South Y. corner of said Section 35;
Thence continue South 89007'44" West along said south line for a distance of 2,642.35
feet to the South east corner or Section 34, Township 48 South, Range 30 East, Collier
County, Florida;
Thence South 89006'03" West along the south line of said Section 34 for a distance of
2,641.41 feet to the South Y. corner of said Section 34;
Thence continue South 89006'34" West along said south line for a distance of 2,635.98
feet to the Southwest corner of said Section 34;
Thence North 22042'49" East a distance of 5,778.50 feet to a point on the south line of
Section 27, Township 48 South, Range 30 East, Collier County, Florida;
Thence leaving said south line North 22057'35" West for a distance of 3,855.59 feet;
Thence North 18012'30" East for a distance of 1,809.50 feet to a point on the south line
of Section 22, Township 48 South, Range 30 East, Collier County, Florida;
Thence North 89024'03" East along the south line of said Section 22, for a distance of
3,770.96 feet to the Southwest corner of Section 23, Township 48 South, Range 30
East, Collier County, Florida;
Thence North 01009'30" West along the west line of said Section 23, for a distance of
5,279.32 feet to the Northwest corner of said Section 23;
Thence North 89017'46" East along the north line of said Section 23, for a distance of
5,283.96 feet to the Northwest corner of Section 24, Township 48 South, Range 30
East, Collier County, Florida;
Thence North 89012'44" East along the north line of said Section 24, for a distance of
2,649.04 feet to the North Y. corner of said Section 24;
Thence leaving the north line of said Section 24 along the southerly boundary of those
lands described in official records book 3903, page 1536 for the following three (3)
courses:
1. South 00047'16" East for a distance of 110.00 feet;
2. North 89025'26" East for a distance of 2,449.05 feet;
3. North 00051'06" West for a distance of 119.24 feet to a point on the north line
of said Section 24, lying 200 feet west of the east line of said Section 24;
Thence North 88055'50" East along the north line of said Section 24 for a distance of
200.00 feet to the Northeast corner of said Section 24;
Thence South 00057'54" East along the east line of said Section 24 for a distance of
5,319.57 feet to the Northeast corner of Section 25, Township 48 South, Range 30
East. Collier County, Florida;
----...---..-..--1----"------.-.-.-.---..-----..--.--... .-,,,- -.----------.---- -...- -
. i 800.649.4336 239.649.4040 F 239.643.5716
Naples, FlOrida 34105 I .---~~--..._.--.~--------".------..--.------___-
.____~__~~~_______"____~__~______.~ ____. ~_...__________~Is~_~~~_~_~~~,~
17 A 1
Thence South 00'55'50" East along the east line of said Section 25 for a distance of
2,660.18 feet to the East Y. corner of said Section 25;
Thence continue South 00'57'17" East along said east line for a distance of 2,649.72
feet to the Northeast corner of Section 36, Township 48 South, Range 30 East, Collier
County, Florida;
Thence South 00'56'47" East along the east line of said Section 36 for a distance of
2,663.16 feet to the East Y. corner of said Section 36;
Thence continue South 01 '20'28" East along said east line for a distance of 2,640.29
feet to the Southeast corner of Section 36, Township 48 South, Range 30 East, Collier
County, Florida and the POINT OF BEGINNING.
Containing 4,793.45 acres more or less.
LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL 1;
All that part of Section 35, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southeast corner of Section 34, Township 48 South,
Range 30 East, Collier County, Florida;
Thence North 39024'43" East 1,913.15 feet to the POINT OF BEGINNING;
Thence North 47'25'02" West 254.89 feet;
Thence North 26'36'43" West 15.98 feet;
Thence North 35050'23" East 332.75 feet;
Thence South 49058'06" East 165.60 feet;
Thence North 26'59'47" East 91.11 feet;
Thence South 46'28'12" East 117.87 feet;
Thence South 17'06'29" West 68.99 feet;
Thence South 25'20'31" West 106.64 feet;
Thence South 44059'59" West 265.42 feet to the POINT OF BEGINNING.
Containing 2.55 acres more or less.
ALSO LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL 2;
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112012010.195781 . Vcr: 4 - JCSOlTY
03312-C47-050 - - 0
All that part of Section 34, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southeast corner of said Section 34;
LEGAL DESCRIPTION
Thence North 12'06'45" West 1,970.05 feet to the POINT OF BEGINNING;
Thence North 89'22'27" West 771.23 feet;
Thence North 56'18'20" West 109.73 feet;
Thence North 00'00'00" East 131.88 feet;
Thence North 14'31'57" East 141.48 feet;
Thence North 27'18'02" East 176.95 feet;
Thence North 87'59'51" East 436.30 feet;
Thence South 89'06'21" East 6.43 feet;
Thence North 40'10'20" East 53.21 feet;
Thence South 50'47'07" East 59.09 feet;
Thence North 90'00'00" East 5.02 feet;
Thence North 87'59'47" East 197.88 feet;
Thence North 64'59'04" East 83.96 feet;
Thence North 49023'50" East 194.45 feet;
Thence South 13'39'56" West 41.32 feet;
17 A
,
,
Thence South 2r12'55" West 90.63 feet;
Thence South 1r21'47" West 38.60 feet;
Thence South 3r24'07" West 98.55 feet;
Thence South 23044'42" West 62.89 feet;
Thence South 34030'45" West 89.41 feet;
Thence South 34059'42" West 56.22 feet;
Thence South 41049'18" West 58.69 feet;
Thence South 32037'14" West 68.35 feet;
Thence South 2r53'30" West 44.30 feet;
Thence South 08058'20" East 44.29 feet;
Thence South 36001'31" East 31.31 feet;
Thence South 5r48'50" East 73.47 feet;
Thence South 60020'08" East 42.33 feet to the POINT OF BEGINNING.
Containing 9.63 acres more or less.
,
ALSO LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL 3;
All that part of Section 34, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southwest corner of said Section 34;
Thence North 45050'21" East 5,414.39 feet to the POINT OF BEGINNING;
Thence North 33022'03" West 118.93 feet;
Thence North 33022'04" West 130.08 feet;
Thence North 56034'27" East 303.88 feet;
Thence South 3r20'55" East 242.47 feet;
Thence South 55018'18" West 192.42 feet;
Thence South 55018'20" West 128.38 feet to the POINT OF BEGINNING.
Containing 1.76 acres more or less.
ALSO LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL 4;
f..h,b'~ t:)
S c~ l.P
112012010 - 195781 - Yc" 4 - JCSOTfY
03312~47-050 - - 0
All that part of Section 34, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southwest corner of said Section 34;
Thence North 34007'47" East 1,754.17 feet to the POINT OF BEGINNING;
Thence North 09028'50" West 23.44 feet;
Thence North 08007'36" West 27.24 feet;
Thence North 00054'06" West 298.68 feet;
Thence South 74003'51" East 34.83 feet;
Thence South 66030'18" East 40.00 feet;
Thence South 64026'39" East 32.08 feet;
Thence North 66002'29" East 44.39 feet;
Thence North 79049'06" East 46.03 feet;
Thence South 30059'23" East 38.37 feet;
Thence South 02027'09" East 52.12 feet;
Thence South 03039'35" West 58.52 feet;
Thence South 02043'50" West 57.61 feet;
Thence South 05000'14" East 56.19 feet;
Thence South 01038'58" West 51.37 feet;
Thence South 70001'08" West 32.57 feet;
Thence North 90000'00" West 38.27 feet;
17 At
Thence South 63026'39" West 33.79 feet;
Thence South 63018'10" West 3.18 feet;
Thence South 21002'32" West 6.43 feet;
Thence North 77048'14" West 30.14 feet;
Thence North 90000'00" West 57.79 feet to the POINT OF BEGINNING.
Containing 1.48 acres more or less.
ALSO LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL 5;
All that part of Section 23, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southwest corner of said Section 23;
Thence North 33023'03" East 2,397.77 feet to the POINT OF BEGINNING;
Thence North 03010'09" West 5.22 feet;
Thence North 03010'46" West 185.33 feet;
Thence North 88005'21" East 152.26 feet;
Thence South 57"59'47" East 47.85 feet;
Thence South 19058'58" East 118.74 feet;
Thence North 87"42'22" East 126.90 feet;
Thence South 02051'44" East 229.96 feet;
Thence South 21056'30" West 7.49 feet;
Thence North 77019'29" West 19.99 feet;
Thence North 90000'00" West 123.06 feet;
Thence North 80032'30" West 48.29 feet;
Thence North 45000'00" West 50.53 feet;
Thence North 38039'11" West 50.84 feet;
Thence North 42016'47" West 59.01 feet;
Thence North 55018'27" West 62.77 feet;
Thence North 56056'57" West 11.04 feet to the POINT OF BEGINNING.
Containing 2.12 acres more or less.
Containing 4,775.91 net acres more or less.
Subject to easements and restrictions of record.
Bearings are based on the South line of said Section 36, being North 89037'54" West.
Certificate of authorization #lB-43.
WilsonMiller, Inc.
Registered Engineers and land Surveyors
By:
Date / - 20 - 2()/O
nal Surveyor and Mapper #lS4493
E~I"b.}.1)
to oil>>
112012010 -195781 - Vcr: 4 - JCSOITY
03312-C47-050- -0
17 A \ f'4
EXHIBIT E
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DESCRIPTION OF LANDS
LYING WITHIN SECTIONS
23, 24, 25, AND 26
TOWNSHIP 48 SOUTH, RANGE 30 EAST
COLLIER COUNTY, FLORIDA
(STEWARDSHIP SENDING AREA 12 - FLOWWAY RESTORATION AREA 1)
STEWARDSHIP SENDING AREA 12 -FLOWWAY RESTORATION AREA 1
(403.48 ACRE PARCEL)
ALL THAT PART OF SECTIONS 23, 24, 25, AND 26, TOWNSHIP 48 SOUTH, RANGE 30
EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 23, TOWNSHIP 48 SOUTH,
RANGE 30 EAST, COLLIER COUNTY, FLORIDA.
THENCE CONTINUING NORTH 89017'46" EAST ALONG THE NORTH LINE OF SAID
SECTION 23 FOR A DISTANCE OF 2506.60 FEET TO THE POINT OF BEGINNING.
THENCE NORTH 89017'44" EAST ALONG THE NORTH LINE OF SAID SECTION 23 FOR A
DISTANCE OF 2059,58 FEET TO A POINT ON SAID NORTH LINE;
THENCE LEAVING SAID NORTH LINE IN STRAIGHT LINE VERTICES THROUGH THE
FOLLOWING 101 COURSES:
1. THENCE SOUTH 34034'45" EAST 66.20 FEET;
2. THENCE SOUTH 28016'38" EAST 1261,68 FEET;
3. THENCE SOUTH 06000'32" WEST 585,60 FEET;
4, THENCE SOUTH 01008'04" EAST 774.10 FEET;
5. THENCE SOUTH 04032'16" EAST 484.28 FEET;
6. THENCE SOUTH 07"07'30" EAST 185.34 FEET;
7. THENCE SOUTH 08028'16" EAST 364.13 FEET;
8. THENCE SOUTH 07"41'46" EAST 457.77 FEET;
9. THENCE SOUTH 16030'16" EAST 215.79 FEET;
10, THENCE SOUTH 26015'31" EAST 640.85 FEET;
11. THENCE SOUTH 27"27'04" EAST 498.68 FEET;
12. THENCE SOUTH 20048'24" EAST 614.81 FEET;
13. THENCE SOUTH 20016'57" EAST 563,69 FEET;
14. THENCE SOUTH 22006'34" EAST 198.51 FEET;
15. THENCE SOUTH 10057'15" WEST 181.47 FEET;
16. THENCE SOUTH 43009'09" WEST 252,09 FEET;
17. THENCE SOUTH 63058'14" WEST 275.02 FEET;
18. THENCE SOUTH 44059'59" EAST 56.89 FEET;
19, THENCE SOUTH 14002'11" EAST 47.39 FEET;
20. THENCE SOUTH 29003'17" WEST 59.17 FEET;
21. THENCE SOUTH 28018'03" WEST 169.71 FEET;
22, THENCE SOUTH 32054'18" WEST 57.59 FEET;
23, THENCE SOUTH 47"17'11" WEST 20.49 FEET;
24. THENCE SOUTH 14002'10" WEST 32.78 FEET;
25, THENCE SOUTH 15025'19" EAST 95.66 FEET;
26. THENCE SOUTH 00"00'00" EAST 47.70 FEET;
27, THENCE SOUTH 29003'18" WEST 32.74 FEET;
28. THENCE SOUTH 08"19'32" WEST 65.88 FEET;
29. THENCE SOUTH 04023'55" WEST 82.92 FEET;
30, THENCE SOUTH 06"10'13" EAST 59.17 FEET;
31. THENCE SOUTH 20033'22" EAST 54,34 FEET;
32. THENCE SOUTH 27"07'16" EAST 73.24 FEET;
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33. THENCE SOUTH 30039'02" EAST 149.70 FEET;
34. THENCE SOUTH 30029'00" EAST 260.14 FEET;
35. THENCE SOUTH 32039'40" EAST 73.66 FEET;
36. THENCE SOUTH 21 oD9'40" EAST 52.85 FEET;
37. THENCE SOUTH 18026'06" EAST 40.22 FEET;
38. THENCE SOUTH 05006'08" EAST 89.39 FEET;
39. THENCE SOUTH 09027'45" EAST 96.71 FEET;
40. THENCE SOUTH OW50'21" EAST 49.28 FEET;
41. THENCE NORTH 7r54'21"WEST 17.92 FEET;
42. THENCE NORTH 81001'36" WEST 19.33 FEET;
43. THENCE SOUTH 7r54'15" WEST 14.39 FEET;
44. THENCE NORTH 58034'13" WEST 21.20 FEET;
45. THENCE NORTH 36052'09" WEST 15.07 FEET;
46. THENCE NORTH 21015'02" WEST 19.41 FEET;
47. THENCE NORTH 18026'07" WEST 15.89 FEET;
48. THENCE NORTH 25020'46" WEST 21.13 FEET;
49. THENCE NORTH 11018'36" WEST 20.49 FEET;
50. THENCE NORTH 31036'29" WEST 15.34 FEET;
51. THENCE NORTH 59055'53" WEST 22.06 FEET;
52. THENCE NORTH 54027'45" WEST 17.29 FEET;
53. THENCE NORTH 49023'51" WEST 9.26 FEET;
54. THENCE NORTH 5W18'36" WEST 10.87 FEET;
55. THENCE NORTH 90000'00" WEST 3.01 FEET;
56. THENCE SOUTH 86038'00" WEST 17.11 FEET;
57. THENCE NORTH 9000D'00" WEST 16.08 FEET;
58. THENCE NORTH 7D033'33" WEST 18.11 FEET;
59. THENCE NORTH 74028'35" WEST 18.77 FEET;
60. THENCE NORTH 90000'DO" WEST 10.05 FEET;
61. THENCE SOUTH 86038'00" WEST 17.11 FEET;
62. THENCE SOUTH 51020'27" WEST 12.87 FEET;
63. THENCE SOUTH 36052'09" WEST 15.07 FEET;
64. THENCE SOUTH 40014'12" WEST 17.11 FEET;
65. THENCE SOUTH 19026'26" WEST 18.12 FEET;
66. THENCE SOUTH 21048'00" WEST 10.82 FEET;
67. THENCE SOUTH 03056'44" WEST 29.21 FEET;
68. THENCE SOUTH 00000'00" WEST 21.10 FEET;
69. THENCE SOUTH 02036'10" WEST 22.13 FEET;
70. THENCE SOUTH 20033'23" WEST 8.58 FEET;
71. THENCE SOUTH 16041'55"WEST 10.49 FEET;
72. THENCE SOUTH 15015'18" WEST 7.22 FEET;
73. THENCE NORTH 62032'17"WEST 10.56 FEET;
74. THENCE NORTH 43009'10" WEST 51.64 FEET;
75. THENCE NORTH 49055'37" WEST 193.83 FEET;
76. THENCE NORTH 49040'27" WEST 265.59 FEET;
n THENCE NORTH 49040'17" WEST 429.28 FEET;
78. THENCE NORTH 4r29'31" WEST 658.72 FEET;
79. THENCE NORTH 11009'56" EAST 27.87 FEET;
80. THENCE NORTH 11009'56" EAST 96.80 FEET;
81. THENCE NORTH 56018'36" WEST 42.44 FEET;
82. THENCE NORTH 41000'33" WEST 71.76 FEET;
83. THENCE NORTH 39015'05" WEST 249.31 FEET;
84. THENCE NORTH 30047'03" WEST 128.80 FEET;
85. THENCE NORTH 2r14'07" WEST 180.06 FEET;
86. THENCE NORTH 24035'19" WEST 303.77 FEET;
87. THENCE NORTH 24015'48" WEST 551.81 FEET;
88. THENCE NORTH 23009'18" WEST 407.14 FEET;
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89. THENCE NORTH 22044'06" WEST 693.50 FEET;
90. THENCE NORTH 25020'46" WEST 958.38 FEET;
91. THENCE NORTH 13052'39" WEST 670.93 FEET;
92. THENCE NORTH 10013'20" WEST 474.97 FEET;
93. THENCE NORTH 00000'00" EAST 228.67 FEET;
94. THENCE NORTH 11027'51" WEST 99.73 FEET;
95. THENCE NORTH 05029'01" WEST 506.88 FEET;
96. THENCE NORTH Dr31'28" WEST 619.36 FEET;
97. THENCE NORTH 05050'50" WEST 181.78 FEET;
98. THENCE NORTH 06051'49" WEST 353.01 FEET;
99. THENCE NORTH 09017'36" WEST 90.43 FEET;
1 00. THENCE NORTH 11006'29" WEST 1 05.57 FEET;
1 01. THENCE NORTH Or31 '28" WEST 917.76 FEET TO
THE POINT OF BEGINNING.
PARCEL CONTAINS 403.47 ACRES MORE OR LESS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
BEARINGS ARE BASED ON THE ON THE SOUTH LINE OF SECTION 36, TOWNSHIP 48
SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA
BEING NORTH 89037'54" WEST
Date Of- 2..q -2CiD
rveyor and Mapper #LS4493
WILS . N LLER, INC. REGIS E ENGINEERS AND LAND SURVEYORS.
NOT 1/ ID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A
PROFESSIONAL SURVEYOR AND MAPPER.
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17 At"
DESCRIPTION OF LANDS
LYING WITHIN SECTIONS
23, 24, 25, 35 AND 36
TOWNSHIP 48 SOUTH, RANGE 30 EAST
COLLIER COUNTY, FLORIDA
(STEWARDSHIP SENDING AREA 12 - FLOWWAY RESTORATION AREA 2)
STEWARDSHIP SENDING AREA 12 -FLOWWAY RESTORATION AREA 2
(1779.41 ACRE PARCEL)
ALL THAT PART OF SECTIONS 23,24,25,35, AND 36, TOWNSHIP 48 SOUTH, RANGE 30
EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 24, TOWNSHIP 48 SOUTH,
RANGE 30 EAST, COLLIER COUNTY, FLORIDA.
THENCE NORTH 89012'44" EAST ALONG THE NORTH LINE OF SAID SECTION 24, FOR A
DISTANCE OF 2,649.04 FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 24;
THENCE LEAVING NORTH LINE OF SAID SECTION 24 ALONG THE SOUTHERLY
BOUNDARY OF LANDS DECRIBED IN OFFICAL RECORDS BOOK 3903, PAGE 1536 FOR
THE FOLLOWING THREE (3) COURSES:
1. THENCE SOUTH 00047'16" EAST FOR A DISTANCE OF 110.00 FEET;
2. THENCE NORTH 89025'26" EAST FOR A DISTANCE OF 2,449.05 FEET;
3. THENCE NORTH 00051 '06" WEST FOR A DISTANCE OF 119.24 FEET TO A POINT ON
THE NORTH LINE OF SAID SECTION 24 LYING 200 FEET WEST OF THE NORTHEAST
CORNER OF SAID SECTION 24 ;
THENCE NORTH 88055'50" EAST ALONG THE NORTH LINE OF SAID SECTION 24 FOR A
DISTANCE OF 200.00 FEET TO THE NORTHEAST CORNER OF SAID SECTION 24;
THENCE SOUTH 00057'54" EAST ALONG THE EAST LINE OF SAID SECTION 24 FOR A
DISTANCE OF 5,319.57 FEET TO THE NORTHEAST CORNER OF SECTION 25,
TOWNSHIP 48 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA;
THENCE SOUTH 00055'50" EAST ALONG THE EAST LINE OF SAID SECTION 25 FOR A
DISTANCE OF 2,660.18 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 25;
THENCE CONTINUE SOUTH 00057'17" EAST ALONG SAID EAST LINE FOR A DISTANCE
OF 2,649.72 FEET TO THE NORTHEAST CORNER OF SECTION 36, TOWNSHIP 48
SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA;
THENCE SOUTH 00056'47" EAST ALONG THE EAST LINE OF SAID SECTION 36 FOR A
DISTANCE OF 2,663.16 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 36;
THENCE CONTINUE SOUTH 01020'28" EAST ALONG SAID EAST LINE FOR A DISTANCE
OF 2,640.29 FEET TO THE SOUTHEAST CORNER OF SECTION 36, TOWNSHIP 48
SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA.
THENCE NORTH 89037'54" WEST ALONG THE SOUTH LINE OF SAID SECTION 36 FOR A
DISTANCE OF 5,260.70 FEET TO THE SOUTHEAST CORNER OF SECTION 35 ,
TOWNSHIP 48, RANGE 30 EAST, COLLIER COUNTY FLORIDA;
THENCE SOUTH 89012'00" WEST ALONG THE SOUTH LINE OF SAID SECTION 35 FOR A
DISTANCE OF 425.92 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 35;
THENCE LEAVING SAID SOUTH LINE IN STRAIGHT LINE VERTICES THROUGH THE
FOLLOWING 100 COURSES:
1. THENCE NORTH 6T04'50" EAST 115.05 FEET;
2. THENCE NORTH 60004'07" EAST 225.02 FEET;
3. THENCE NORTH 3T24'19" EAST 126.46 FEET;
4. THENCE NORTH 04028'02" EAST 379.35 FEET;
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5. THENCE NORTH 06"42'35" EAST 1,921.87 FEET;
6. THENCE NORTH OrDD'34" EAST 1,452.73 FEET;
7. THENCE NORTH 05038'18" EAST 2,304.09 FEET;
8. THENCE NORTH 01"53'14" EAST 797.76 FEET;
9. THENCE NORTH 04"59'D8" EAST 125.45 FEET;
1 o. THENCE NORTH 01039'04" WEST 60.35 FEET;
11. THENCE NORTH 01009'26" WEST 118.14 FEET;
12. THENCE NORTH 06"20'24" WEST 64.82 FEET;
13. THENCE NORTH 1 r25'04" WEST 63.77 FEET;
14. THENCE NORTH 30018'10" WEST 106.40 FEET;
15. THENCE NORTH 29"29'35" WEST 302.92 FEET;
16. THENCE NORTH 25"42'35" WEST 35.75 FEET;
17. THENCE NORTH 33001 '26" WEST 85.38 FEET;
18. THENCE NORTH 27028'28" WEST 67.24 FEET;
19. THENCE NORTH 16037'15" WEST 83.42 FEET;
20. THENCE NORTH 01 "30'28" EAST 45.35 FEET;
21. THENCE NORTH Or25'53" EAST 55.35 FEET;
22. THENCE NORTH 11"35'31" EAST 47.50 FEET;
23. THENCE NORTH 15035'35" EAST 53.26 FEET;
24. THENCE NORTH 04023'54" EAST 31.11 FEET;
25. THENCE NORTH 18"26'05" WEST 45.27 FEET;
26. THENCE NORTH 21 "30'05" WEST 42.32 FEET;
27. THENCE NORTH 00000'00" EAST 32.21 FEET;
28. THENCE NORTH 15056'44" EAST 34.74 FEET;
29. THENCE NORTH 46"13'09" EAST 39.66 FEET;
30. THENCE NORTH 43052'35" EAST 43.03 FEET;
31. THENCE NORTH 51 "20'25" EAST 30.56 FEET;
32. THENCE NORTH 66"22'14" EAST 83.34 FEET;
33. THENCE NORTH 70012'04" EAST 126.80 FEET;
34. THENCE NORTH 6r56'27" EAST 196.96 FEET;
35. THENCE NORTH 68022'46" EAST 210.47 FEET;
36. THENCE NORTH 43009'09" EAST 52.33 FEET;
37. THENCE NORTH 30001'06" EAST 62.00 FEET;
38. THENCE NORTH 04"05'08" WEST 83.73 FEET;
39. THENCE NORTH 16"31'33"WEST 113.25 FEET;
40. THENCE NORTH 16"06'49" WEST 111.77 FEET;
41. THENCE NORTH 18"16'21" WEST 133.18 FEET;
42. THENCE NORTH 18026'06" WEST 264.09 FEET;
43. THENCE NORTH 18034'09" WEST 161.10 FEET;
44. THENCE NORTH 12"53'55" WEST 160.34 FEET;
45. THENCE NORTH 14055'41" WEST 207.82 FEET;
46. THENCE NORTH 15028'43" WEST 31.14 FEET;
47 THENCE NORTH 1 r28'29" WEST 235.25 FEET;
48. THENCE NORTH 1r51'36" WEST 87.32 FEET;
49. THENCE NORTH 22"37'51" WEST 183.58 FEET;
50. THENCE NORTH 2r1 7'59" WEST 80.54 FEET;
51. THENCE NORTH 260DO'51" WEST 107.38 FEET;
52. THENCE NORTH 26"45'39" WEST 60.50 FEET;
53. THENCE NORTH 29"15'44" WEST 136.02 FEET;
54. THENCE NORTH 32" 11 '45" WEST 265.17 FEET;
55. THENCE NORTH 34"06'51" WEST 34.58 FEET;
56. THENCE NORTH 22" 1 7'27" WEST 80.34 FEET;
57. THENCE NORTH 22034'08" WEST 160.00 FEET;
58. THENCE NORTH 25046'55" WEST 85.59 FEET;
59. THENCE NORTH 25032'30" WEST 131.04 FEET;
60. THENCE NORTH 23"33'47" WEST 228.68 FEET;
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61. THENCE NORTH 20029'46" WEST 40.73 FEET;
62. THENCE NORTH 14034'49" WEST 154.27 FEET;
63. THENCE NORTH 1r24'21" WEST 121.93 FEET;
64. THENCE NORTH 14011'27" WEST 41.43 FEET;
65. THENCE NORTH 00055'00" WEST 57.72 FEET;
66. THENCE NORTH 01027'00" WEST 36.49 FEET;
67. THENCE NORTH 05"42'39" WEST 41.76 FEET;
68. THENCE NORTH 05021 '03" WEST 168.33 FEET;
69. THENCE NORTH 02015'38" WEST 70.23 FEET;
70. THENCE NORTH 02050'51" WEST 176.59 FEET;
71. THENCE NORTH 06029'38" WEST 57.16 FEET;
72. THENCE NORTH 16018'48" WEST 19.72 FEET;
73. THENCE NORTH 31049'37" WEST 15.76 FEET;
74. THENCE NORTH 25057'32" WEST 39.03 FEET;
75. THENCE NORTH 03040'05" WEST 36.09 FEET;
76. THENCE NORTH 03006'12" WEST 76.76 FEET;
77. THENCE NORTH 03010'47" WEST 83.24 FEET;
78. THENCE NORTH 00045'43" EAST 173.62 FEET;
79. THENCE NORTH 01004'43" WEST 220.74 FEET;
80. THENCE NORTH 01000'04" EAST 237.82 FEET;
81. THENCE NORTH 00048'58" WEST 324.15 FEET;
82. THENCE NORTH 02040'31" WEST 148.37 FEET;
83. THENCE NORTH 04051'52" EAST 43.56 FEET;
84. THENCE NORTH 00007'49" EAST 203.15 FEET;
85. THENCE NORTH 00033'29" WEST 142.21 FEET;
86. THENCE NORTH 02040'31" WEST 148.37 FEET;
87. THENCE NORTH 03056'43" EAST 40.26 FEET;
88. THENCE NORTH 03040'03" EAST 36.09 FEET;
89. THENCE NORTH 04029'04" EAST 47.24 FEET;
90. THENCE NORTH 03048'50" WEST 34.71 FEET;
91. THENCE NORTH 15049'57" WEST 32.15 FEET;
92. THENCE NORTH 26015'31" WEST 77.23 FEET;
93. THENCE NORTH 29046'25" WEST 114.36 FEET;
94. THENCE NORTH 2r54'28" WEST 132.19 FEET;
95. THENCE NORTH 33041'23" WEST 29.96 FEET;
96. THENCE NORTH 32055'56" WEST 48.41 FEET;
97. THENCE NORTH 29034'40" WEST 98.22 FEET;
98. THENCE NORTH 29035'55" WEST 89.74 FEET;
99. THENCE NORTH 30049'46" WEST 202.71 FEET;
1 00. THENCE NORTH 30037'15" WEST 34501 FEET TO A POINT ON THE NORTH LINE OF
SECTION 23, TOWNSHIP 48 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA;
THENCE NORTH 89017'44" EAST ALONG THE NORTH LINE OF SAID SECTION 23 FOR A
DISTANCE OF 538.70 FEET TO THE NORTHWEST CORNER OF SECTION 24, TOWNSHIP
48 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA.
SAID POINT BEING THE POINT OF BEGINNING.
PARCEL CONTAINS 1,779.41 ACRES.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
BEARINGS ARE BASED ON THE ON THE SOUTH LINE OF SECTION 36, TOWNSHIP 48
SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA
BEING NORTH 89037'54" WEST, PER FLORIDA STATE PLANE COORDINATE SYSTEM,
FLORIDA EAST ZONE, NORTH AMERICAN DATUM 83.
3 f"I-"b'}- f
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17 A
'H'4!
FLOWWAY RESTORATION PARCEL 2 CONTAINS 1779.41 ACRES MORE OR LESS.
Date (;/. 2.5-(0
urveyor and Mapper #LS4493
\,.-,
WILSuNMILLER, INC. REGIS ENGINEERS AND LAND SURVEYORS.
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A
PROFESSIONAL SURVEYOR AND MAPPER.
4f"lr"k,,} (
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1 7 A 1-'
EXHIBIT G
1 7 A '...
EXHIBIT G
RESTORATION PROGRAM
1. The purpose of this Restoration Program is to identify the restoration
improvements, eligibility criteria, applicable success criteria, and land
management measures for Flowway Restoration Areas 1 and 2 of SSA 12. The
legal descriptions for these Restoration Areas can be found in Exhibit "E" of the
SSA 12 Stewardship Credit Agreement and Exhibit "0" of the SSA 12
Stewardship Easement Agreement.
a. Flowway Restoration Area 1 is approximately 403.5 acres in size and is
within the Okaloacoochee Slough FSA as delineated on the RLSA Overlay
Map. The restoration improvements will consist of hydrologic restoration
improvements that will reduce physical impediments to sheetflow and
functionally enhance the flowway's natural hydrologic regime.
b. The hydrologic restoration improvements will consist of breaching and/or
partially removing berms to the natural grade of adjacent lands within
Flowway Restoration Area 1 (Credit Agreement Exhibit E), sufficient to re-
establish a natural flow regime. Grantor will design the location, size, and
number of berm alterations necessary to restore the natural flow regime,
while minimizing impacts to native tree species on the existing berms and
spoil piles. Where necessary, canals will also be partially filled to the
existing natural grade, and/or redirected to restore a more natural
sheetflow. SFWMD Big Cypress Basin shall determine if the Design is
adequate to restore the natural flow regime. Once the Design is
determined to be adequate, Grantor shall cause the restoration
improvements to be made.
c. The ecological restoration improvements within Flowway Restoration Area
1 shall consist of controlling exotic and nuisance vegetation (as currently
defined by the Florida Exotic Plant Pest Council) to levels less than 5%
area coverage. The primary exotic and nuisance species will be controlled
through a combination of mechanical removal, directed herbicide
applications, and controlled burning.
d. The applicant will notify staff when success criteria have been achieved.
Within 90 days of said notification, staff will confirm that the berms have
been breached and/or leveled, consistent with the Design, and that
ecological restoration improvements have met the minimum criteria listed
above. Upon said confirmation by County Staff, success criteria shall be
deemed to have been met, and the additional stewardship credits from
I 0 ~ .-3
17 A ..,
Flowway Restoration Area 1 shall be available for transfer or utilization by
Grantor
e.
The land management measures for Flowway Restoration Area 1 shall be
to control exotics within the 403.5-acre restoration area.
f.
Flowway Restoration Area 2 is approximately 1,779.4 acres in size and is
within the limits of the Okaloacoochee Slough FSA. The restoration
improvements will consist of: (1) hydrologic restoration improvements that
will increase the width of the flow way and functionally enhance the flow
way's natural hydrologic regime; (2) ecological restoration improvements
that will control exotic vegetation to improve ecological functions; and (3)
the supplemental planting of native species to restore habitats.
Supplemental plantings shall be reviewed by Collier County Environmental
Services staff. Restoring the field to a natural flow regime within the
Okaloacoochee Slough FSA will re.create historic sheetflow patterns
onsite and rehydrate areas south and southwest of the property.
g.
The hydrologic restoration improvements will consist of breaching and/or
partially removing berms to the natural grade of adjacent lands within
Flowway Restoration Area 2 (Credit Agreement Exhibit E), sufficient to re-
establish a natural flow regime. Grantor will design the location, size, and
number of berm alterations necessary to restore the natural flow regime,
while minimizing impacts to native tree species on the existing berms and
spoil piles. Where necessary, canals will also be partially filled to the
existing natural grade, and/or redirected to restore a more natural
sheetflow. SFWMD Big Cypress Basin shall determine if the Design is
adequate to restore the natural flow regime. Once the Design is
determined to be adequate, Grantor shall cause the restoration
improvements to be made.
h.
Ecological improvements within Flowway Restoration Area 2 shall consist
of controlling exotic and nuisance vegetation (as currently defined by the
Florida Exotic Plant Pest Council) to levels less than 5% area coverage.
The primary exotic and nuisance species will be controlled through a
combination of mechanical removal, directed herbicide applications, and
controlled burning. Exotic and nuisance species within the deeper portions
of Flowway Restoration Area 2, primarily primrose willow (Ludwigia
peruviana) and cattail (Typha spp.), may be excluded from intensive
control efforts due to the flowway water depths, equipment access, the
intensity of mechanical and/or chemical treatments necessary for control,
and potential environmental impacts.
i.
The applicant will notify staff when success criteria have been achieved.
Within 90 days of said notification, staff will confirm that the berms have
J- of .3
17 A'~"
been breached and/or leveled, consistent with the Design, and that
ecological restoration improvements have met the minimum criteria listed
above. Upon said confirmation by County Staff, success criteria shall be
deemed to have been met, and the additional stewardship credits from
Restoration Area B shall be available for transfer or utilization by Grantor.
j.
The land management measures for Flowway Restoration Area 2 shall be
to control exotics within the 1 ,779.4-acre restoration area.
k.
The estimated annual costs of the land management measures for
Flowway Restoration Areas 1 and 2 are $8,000. Owner shall procure, at
its election, either a bond or letter of credit ("Surety") on an annual basis in
favor of the Grantees in an amount equal to 120% of the annual costs of
the land management measures. This obligation shall start 30 days after
Grantor has received notice from the County that any Stewardship Credits
from restoration improvements for SSA 12 restoration areas are available
and have been authorized, and the obligation shall end 10 years after the
start date, or at such date as a governmental entity or established
conservation organization undertakes the land management measures.
I.
In the event Grantor fails to maintain any of the Restoration Areas
according to the land management measures set forth herein, County
shall have the right to draw upon the Surety after 60 days written notice to
Grantor with a right to cure and a failure of Owner to undertake cure within
said 60 days. The County shall only be permitted to use the drawn Surety
funds for the maintenance of the Restoration Areas in accordance with the
land management measures set forth herein.
m.
In the event the Grantor fails to annually provide the Surety and fails to
maintain the Restoration Areas pursuant to the land management
measures set forth herein, the Grantees, or either of them, may conduct
such land management measures and lien the Restoration Areas for the
cost of maintaining the Restoration Areas pursuant to the land
management measures set forth herein. The County may pursue its rights
against the Grantor under the Stewardship Easement for breach thereof or
foreclose its lien on the Restoration Areas.
3 oJ 3
17 A
\'l~
I
ESCROW AGREEMENT
1'.1\:'"
This ESCROW AGREEMENT is made as of the -\ day of l='.J...I'''~I'~ ,2010 by and
between Collier County, a political subdivision of the State of Florida ("County' , and Sunniland
Family Limited Partnership, a Florida limited partnership (hereinafter referred to as "Owner") and
CHEFFY PASSIDOMO, PA (the "Escrow Agent").
RECITALS
WHEREAS, Owner is the owner of approximately four thousand seven hundred seventy-five
and nine tenths (4,775.9) acres of land within the boundaries of the Rural Lands Stewardship Area
Zoning Overlay District ("RLSA District") located in Collier County, Florida, which land is the subject
of a Stewardship Sending Area Application 2008-AR-13182 ("SSA Designation Application") filed by
Owner with Collier County, Florida; and
WHEREAS, Alico, Inc., a Florida corporation ("Alico"), has submitted or intends to submit
applications to Collier County, South Florida Water Management District and the United States
Department of Army, Corps of Engineers for authorization to develop the real property more
particularly described on attached Exhibit "A," which is incorporated herein by reference (the "Alico
SRA Land"), as a designated SRA within the RLSA District consistent with the provisions of Sections
4.08.06 and 4.08.07 of the Collier County Land Development Code;
WHEREAS, Owner has advised Collier County that the Alico SRA Land will be developed
consistent with the provisions of Section 4.08.07 of the Collier County Land Development Code,
which will include the submittal of one or more Stewardship Receiving Area (SRA) applications
pursuant to Section 4.08.07 of the Collier County Land Development Code;
WHEREAS, in order to develop the proposed Alico SRA Land in accordance with Section
4.08.07, Alico is required under Section 4.08.07 to exchange Stewardship Credits granted under
Section 4.08.06 for the additional residential or non-residential entitlements necessary to develop
the project as an SRA;
WHEREAS, the Owner submitted a SSA Designation Application requesting that the four
thousand seven hundred seventy-five and nine tenths (4,775.9) acre parcel (hereinafter referred to
as "Sunniland Family SSA 12") be designated as a Stewardship Sending Area in accordance with
and pursuant to Section 4.08.06 of the Collier County Land Development Code, and to establish
Stewardship Credits that would be available for Alico to develop the Alico SRA Land within the
RLSA District; and
WHEREAS, Collier County has reviewed SSA Designation Application and determined that
the application was legally sufficient and would generate twenty three thousand five hundred twelve
and two tenths (23,512.2) Stewardship Credits under the provisions of Section 4.08.06; and
WHEREAS, the County and Owner acknowledge and agree that the issuance of final, non-
appealable governmental authorizations, including County approvals, necessary to develop the Alico
SRA Land consistent with the provisions of Section 4.08.07 will be issued subsequent to the County
approval of Sunniland Family SSA 12; and
WHEREAS, the County and Owner agree that Sunniland Family SSA 12 is approved and
generates twenty three thousand five hundred twelve and two tenths (23,512.2) Stewardship Credits
subject to the terms and conditions of this Escrow Agreement; and
Escrow A9reement - Page 1 of 5
17 A ~,
WHEREAS, Owner agrees to interim land use limitations on Sunniland Family SSA 12 as set
forth in this Escrow Agreement until the Stewardship Sending Area Credit Agreement and
Stewardship Easement Agreement are recorded or terminated pursuant to the terms of this Escrow
Agreement.
AGREEMENTS
NOW THEREFORE, in consideration of the mutual promises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. Recitals: The above recitals are true and correct and incorporated herein by reference.
2. Tender of Documents: Owner and County shall execute and deliverto the Escrow Agent the
Sunniland Family SSA 12 Stewardship Sending Area Credit Agreement and the Sunniland
Family SSA 12 Stewardship Easement Agreement ("Documents").
3. The Escrow Agent shall deliver the original Documents to the County for recording in the
public records of Collier County upon presentment of the following by Owner:
a. An approved SRA for the Alico SRA Land which requires the exchange of
Stewardship Credits from Sunniland Family SSA 12 for the additional residential and
non-residential entitlements; and
b. All necessary final and non-appealable local, state, federal permits, other than a
plat, site development plan or building permit, necessary to construct the Alico SRA
Land consistent with the provisions of Section 4.08.07 of the Collier County Land
Development Code; and
In the event the approvals referenced above in this section are not delivered to the Escrow
Agent on or before February 9, 2015, this Escrow Agreement shall terminate and the original
Documents shall be returned to Owner. If a challenge and/or appeal of a necessary
development order, permit or other discretionary approval is filed, Owner and County may
elect to extend the Escrow Agreement by written agreement until the challenge or appeal is
finally resolved. If the challenge or appeal is not resolved such that the construction may
commence under terms acceptable to Owner, Owner may within 180 days of the final
disposition of the challenge or appeal terminate this Escrow Agreement.
4. In the event the Escrow Agreement is terminated as noted above, all affirmative obligations
and negative covenants contained in the Documents shall be null and void without further
action from the parties hereto, the land shall revert to its underlying zoning classification prior
to the effective date of the Documents, and any SRA depending on credits from Sunniland
Family SSA 12 shall be terminated unless replacement credits are obtained by the owners of
the SRA. If requested by Owner, Collier County shall provide a written release and
termination of this Agreement and the Documents for recording in the public records within
fifteen (15) days of the request from Owner. Collier County shall update the overlay map to
reflect the termination of Sunniland Family SSA 12 or any SRA.
5. Interim Land Use Limitations. Owner agrees to the elimination of land use layers and the
land management measures set forth in the Documents during the term of this Escrow
Agreement. Within 30 days of approval of the Stewardship Sending Area Credit Agreement,
Escrow Agreement - Page 2 of 5
17 A'''''
Owner shall record in the public records of Collier County a notice of these interim land use
restrictions in a form acceptable to the County.
6. Escrow Aaent ObliClations and Indemnitv: The County and Owner shall hold the Escrow
Agent harmless of and from the release or failure to release the documents by the Escrow
Agent for any reason whatsoever as a result of this Escrow Agreement, except for as a
result of the willful misconduct or gross negligence of the Escrow Agent. The Escrow Agent
is authorized to rely on any document believed by the Escrow Agent to be authentic in
making delivery of documents hereunder.
7. Amendment: This Escrow Agreement may not be modified, amended or altered in any way
except by an amendment signed by the County and Owner and acknowledged by the
Escrow Agent.
8. GoverninCl Law: This Escrow Agreement and all matters pertaining hereto shall be governed
by and construed in accordance with the laws of the State of Florida.
9. Attornevs' Fees: In connection with any litigation concerning this Escrow Agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees, paralegal fees and
costs, including such that may be incurred at the appellate level.
10. Representation: The County acknowledges and agrees that CHEFFY PASSIDOMO, PA
represents Owner and may continue to do so while serving as Escrow Agent and
notwithstanding any present or future dispute arising under this Agreement. The parties do
not object to such services by CHEFFY PASSIDOMO, PA as Escrow Agent and such
representation of Owner CHEFFY PASSIDOMO, PA in this and other matters, and agree
that such service and such representation does not adversely affect the independent
professional judgment of CHEFFY PASSIDOMO, PA on behalf of any such party or the
ability of CHEFFY PASSIDOMO, PA to adequately representthe interest of any such party.
11. Bindina Aareement: This Escrow Agreement shall bind all successors and shall inure to the
benefit of heirs, executors, administrators or other successors in interest of the parties
hereto.
12. Interpleader: Notwithstanding any other provision herein to the contrary, if there is any
dispute between the County and Owner as to the documents held hereunder, the Escrow
Agent may, in the Escrow Agent's sole discretion, interplead the documents with the Circuit
Court of Collier County and thereby be relieved of any further responsibility to the County
and Owner pursuant to this Agreement.
13. Counterparts and Execution: Executed counter-part copies of the original of this document
shall be treated as if the originals were so executed and shall bind the executing party and
shall have the same force and effect as the original. Execution of this Agreement by
facsimile shall be treated as an original.
Escrow Agreement - Page 3 of 5
17 A
'.~
, '-"
,
IN WITNESS WHEREOF, the parties hereto have caused this Escrow Agreement to be executed
by their duly authorized officers or representatives and their official seals hereto affixed the day
and year first written above.
ATIEST:
A TTESTPWIGE:tf ~$ROCK, ClERK
",~:~) .,.:'.".... .'~..~~ ~-:-
COLLlE~~QU~~ OF COURTS
By:jVkt1 )x.../i'l'-.':~} ';1 \l1u 0.0
~I
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~~-~ W. (~,
Fred W. Coyle, Chairman
APPROVED AS =rb FORM AND
LEGAL S FFICIENCY:
)3y: ....: C V
NL-Je Wright, Assistant County Attorney
WITNESS:
SUNNILAND FAMILY LIMITED PARTNERSHIP, a
Florida limited partnership
i
'-:)!Uy:J.....__,[,-- /tA.: (1 (i...I\....-
.
By: SUN NILAND PARTNERS, LLC,
a Florida limited liability company
:::: ~~/~ .
Print Name: Aliese P. Priddy ~
Its: Managing Member
(Signature)
(SigntL ~e
(Print full name)
f's", V-
I
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Escrow Agreement was executed before me this .;28 day of '3i. l'osrf '
2010, by Aliese P. Priddy, Managing Member of Sunniland Partners, LLC, a Florida limited liability
company, general partner of Sunniland' rtnership, a Florida limited partnership, on
behalf of the company, wh personally known to me oduced as
identification.
Notary Public
Name:
Certificate No.
My Commission expires:
~~ WIl.LW.t JACK DEMPSEY
Q): !' MYCOMMlSSI0N'DD754172
. EXPIRES. f.Wch 6, 2012
. BondIdThru,..,.."PlJbllcUndelwriltl'l
Escrow Agreement - Page 4 of 5
ESCROW AGENT:
CHEFFY PA IDOMO PA
,/"'
By: \_./..:fr.
William J. Dempsey, Partner
STATE OF FLORIDA
COUNTY OF COLLIER
17 A '..~
1>
The foregoing Escrow Agreement was executed before me this ol.g day of '{CUUl-CV!J '
2010, by William J. Dempsev, as Partner of Cheffy Passidomo, PA, who is personally known to me
or produced as identification. /)
..j !cu 1./J c.... r t:Uj Ci-A
Notary Public IJ
Name: TAU.L.5fl<.. Tc:5cu-.,
Certificate No. lJb 7~.;l. s7<'t
My Commission expires: .2/~C.I/.;l.
(i).'II:..... 1HERESA PAGAN I,
":: :<~ MY COMMISSION' DO 76257B 1-
~. :, EXPIRES. February 26. 2012 j.
"~iif.". BondedThruNolaryPublIcUndolwrilors~.
....,.
cp 12999 doc. 37
Escrow A9reement . Page 5 of 5
17 A ~.,
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Sections 3 through 10, portion of Section 15 and portion of 18, in Township 46S, Range
28Ei In Collier COLlI1ly, Florida,
AileD land Development, Jnc.o P,O, Box 338, laBelle, FL 33975 I) Phone (863) 675.5113 0 Fax (863) 675~6928
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17A
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(Sunniland Family SSA 12)
THIS STEWARDSHIP SENDING AREA CREDIT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into this ~ day of
rt),~"~,, , 2010, by and between COLLIER COUNTY, a political subdivision of the
State of ~orida, hereinafter referred as "County" whose mailing address is the Harmon
Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and Sunniland Family
Limited Partnership, a Florida limited partnership, hereinafter individually and jointly
referred to as "Owner", whose mailing address is P.O. Box 930, Immokalee, Florida
34143-930, for the purpose of designating a "Stewardship Sending Area" ("SSA") on
certain lands belonging to Owner, eliminating Land Use Layers from said lands, and
assigning to Owner Stewardship Credits, all pursuant to Section 4.08.06 of the Collier
County Land Development Code ("LDC").
WITNESSETH:
WHEREAS, Owner is the owner of approximately four thousand seven hundred
seventy-five and nine tenths (4,775.9) acres of land within the boundaries of the Rural
Lands Stewardship Area Zoning Overlay District ("RLSA District") located in Collier
County, Florida, which land is the subject of a Stewardship Sending Area Application
(Application 2008-AR-13182) filed by Owner with Collier County, Florida; and
WHEREAS, Owner (or an affiliated entity) has submitted or intends to submit
applications to Collier County, South Florida Water Management District and the United
States Department of Army, Corps of Engineers for authorization to develop a project
on lands within the RLSA District;
WHEREAS, Owner has advised Collier County that the proposed project will be
developed consistent with the provisions of Section 4.08.07 of the Collier County Land
Development Code, which will include the submittal of one or more Stewardship
Receiving Area (SRA) applications pursuant to Section 4.08.07 of the Collier County
Land Development Code;
WHEREAS, in order to develop the proposed project in accordance with Section
4.08.07, Owner or its affiliate is required under Section 4.08.07 to exchange
Stewardship Credits granted under Section 4.08.06 for the additional residential or non-
residential entitlements necessary to develop the project as an SRA;
WHEREAS, Owner has requested that the four thousand seven hundred
seventy-five and nine tenths (4,775.9) acre parcel legally described in the attached
Exhibit "A" (hereinafter referred to as "Sunniland Family SSA 12") and depicted on
Exhibit "B" be designated as a Stewardship Sending Area in accordance with and
pursuant to Section 4.08.06 of the Collier County LDC to establish Stewardship Credits
for the entitlement of an SRA; and
1
17 A ~1
WHEREAS, Owner has submitted, and the County has reviewed, a SSA
Designation Application filed with the County on April 1 0, 2008, for the Sunniland Family
SSA 12 land described in Exhibit "A"; and
WHEREAS, Collier County has reviewed the SSA Designation Application, along
with all support documentation and information required by Section 4.08.06 of the
Collier County LDC and determined that the Owner's application is legally sufficient and
should be granted; and
WHEREAS, the County and Owner have reached agreement concerning the
number of Stewardship Credits that are to be generated by the designation of the
Sunniland Family SSA 12 described in Exhibit "A" as an SSA, and the parties further
intend to specify the land uses that are eliminated from, and those land uses that
remain on, Sunniland Family SSA 12; and
WHEREAS, the County and Owner agree that this Agreement is in compliance
with and fully meets the requirements of the Collier County Growth Management Plan
and LDC and is of substantial benefit to the general public.
NOW THEREFORE in consideration of the above premises and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
and in further consideration of the mutual covenants contained herein, the parties agree
as follows:
1.
Land DesiQnated as SSA.
Sunniland Family SSA 12 as described in Exhibit "A", consisting of
approximately four thousand seven hundred seventy-five and nine tenths (4,775.9)
acres, is hereby designated a Stewardship Sending Area ("SSA"), and officially
designated as Sunniland Stewardship Sending Area 12 ("Sunniland Family SSA 12").
2.
Land Use Lavers.
The following Land Use Layers as described in the Land Use Matrix in
Section 4.08.06.BA of the Collier County LDC are hereby eliminated from and
prohibited within Sunniland Family SSA 12:
a. Within Sunniland Family SSA 12, Land Use Layers 1 - 6, inclusive, as
described in Section 4.08.06 8A. of the LDC, are hereby eliminated on four
thousand seven hundred seventy-five and nine tenths (4,775.9), as depicted on
Exhibit "C". The remaining land use layer, Agriculture - Group 2, as depicted on
Exhibit "C," cannot be converted to Agriculture - Group 1 from and after the
designation of such land as an SSA.
2
17 A 'i~
b. Within the four thousand seven hundred seventy-five and nine tenths
(4,775.9) acres of Sunniland Family SSA 12 wherein Land Use layers 1 - 6,
inclusive, are being eliminated, two thousand one hundred eighty two and nine
tenths (2,182.9) acres are hereby designated for restoration, and the Owner has
agreed to complete restoration improvements thereon which will satisfy the
eligibility requirements set forth in LDC Section 4.08.06.B.3.f.(5). Within the
areas designated for restoration, all natural areas shall be maintained in their
existing conditions until such time as restoration activities occur. Those areas
described as Flowway Restoration Areas are depicted on Exhibit "0" and
described on Exhibit "E."
c. The Owner reserves the right pursuant to Section 4.08.06 of the LDC to
amend this SSA in the future to remove one or more additional Land Use
Layers and/or for restoration activities in return for additional Stewardship
Credits. Nothing in this provision, Agreement, Stewardship Easement
Agreement or the County LDC shall preclude the Owner's right to remove one
or more additional Land Use Layers and/or restoration activities for use as
compensation, mitigation or conservation measures under any program
established by the County, state or federal statute, regulation or ordinance.
d. The County agrees that the removal of Land Use Layers to generate
Stewardship Credits under this Agreement does not preclude the use of such
removal as compensation, mitigation or conservation measures under any
program established by County, state or federal statute, regulation or
ordinance for activities conducted in a Stewardship Receiving Area utilizing the
Stewardship Credits generated through this Agreement. The County also
agrees that nothing in this Agreement, Stewardship Easement or County LDC
precludes the Owner's right to remove one or more additional Land Use
Layers and/or restoration activities for use as compensation, mitigation or
conservation measures under any program established by County, state or
federal statute, regulation or ordinance.
3.
Natural Resource Index Assessment.
A Natural Resource Index Assessment Worksheet ("Worksheet") for
Sunniland Family SSA 12 is attached to this Agreement as Exhibit "F". The Worksheet
quantifies the number of acres by Index Values, sets forth the level of conservation,
identifies the land designated for restoration, sets forth the restoration potential and
establishes the number of Stewardship Credits generated. The Worksheet also
quantifies the number of Early Entry Bonus Credits generated by the designation of
Sunniland Family SSA 12. The Worksheet separately sets forth the number of
stewardship credits authorized as a result of the Owner agreeing to undertake
restoration improvements; however the stewardship credits generated by said
restoration improvements are not available for utilization by Owner until such time as
the applicable success criteria as set forth herein have been satisfied. The total number
of Stewardship Credits hereby generated and assigned to Owner by this Agreement for
3
17 A '~..
S unniland Family SSA 12 are twenty three thousand five hundred twelve and two tenths
(23,512.2) Stewardship Credits, of which fourteen thousand seven hundred eighty and
six tenths (14,780.6) are immediately available and may be sold, transferred, or
otherwise utilized by the Owner in accordance with Section 4.08.06 of the Collier
County LDC. The remaining eight thousand seven hundred thirty-one and six tenths
(6,731.6) Stewardship Credits will be available to Owner for use, sale, or transfer, all or
in part, as the success criteria for restoration improvements are met as set forth in the
Restoration Program which is attached hereto as Exhibit "G."
4.
Exchanoe Rate.
The Stewardship Credits generated and assigned for the establishment of
the SSA on Sunniland Family SSA 12 herein may be transferred to a Stewardship
Receiving Area (SRA) in exchange for the development of land at the rate of eight
stewardship Credits for the development of one acre of land in a SRA. Therefore, the
fourteen thousand seven hundred eighty and six tenths (14,780.6) Stewardship Credits
available now would allow Sunniland Family SSA 12 to entitle one thousand eight
hundred forty-seven and six tenths (1,847.6) acres for development within an SRA in
the Rural Land Stewardship Overlay District, and when available, the remaining eight
thousand seven hundred thirty-one and six tenths (8,731.6) Stewardship Credits would
allow Sunniland Family SSA 12 to entitle an additional one thousand ninety one and five
tenths (1,091.5) acres for development in an SRA.
5.
Land Manaoement Measures.
a. On lands within Sunniland Family SSA 12 on which Land Use Layers 1-6
have been eliminated and which are designated for restoration, land
management measures will consist of one or more of the following: brush
clearing, mechanical brush control ("chopping"), prescribed burning, other exotic
and nuisance species control, fence construction and maintenance, silvicultural
management, and ditch and ranch road maintenance, to maintain the land in its
existing condition prior to restoration commencement. All natural areas shall be
maintained in their existing natural condition until such time as restoration
activities occur.
b. On lands within Sunniland Family SSA 12 on which Land Use Layers 1-6
have been eliminated and on which Owner has agreed to undertake restoration
improvements, that is Flowway Restoration Area, there are additional land
management measures to be undertaken after the completion of said restoration
improvements. Those land management measures are specifically set forth in
the Restoration Program and are incorporated herein by reference.
c. Owner may utilize land management measures consistent with the
retained Land Use Layers within Sunniland SSA-12, including maintenance of
access roads and facilities that serve retained uses within Sunniland SSA-12 and
uses on adjacent lands, and below-ground oil and gas pipes and lines. Such land
4
1 7 A~"
management measures may include, without limitation, mowing and other exotic
and nuisance species control measures; access road construction and
maintenance; erection and maintenance of fencing and siltation devices and
other practices consistent with the land management measures specified herein.
6.
References.
The references herein to the LDC provIsions are those contained in
Section 4.08.06 of the Collier County LDC existing as of the date this Agreement
becomes effective and those provisions of the LDC shall control as to the rights,
obligations, implementation or interpretations of this Agreement and rights of Owner in
the Sunniland Family SSA 12, unless the Owner elects in writing that subsequently
enacted LDC provision may govern the provisions of this Agreement.
7.
Lavers Included.
The retention of any Land Use Layer also includes the retention of all
Land Use Layers that are less intensive in nature and that are listed below that Land
Use Layer (higher numbered layers) in Section 4.08.06 BA. of the LDC, including the
retention of Conservation Restoration and Natural Resource uses as contained in the
Land Use Matrix contained in Section 4.08.06 SA.b. of the LDC.
8.
Restriction on Land Use Amendments.
Upon designation of the land described in Exhibit "A" as an SSA, the
Owner shall not seek or request, and the County shall not grant or approve, any
increase in the density or any additional uses beyond those specifically authorized in
this Agreement. Ninety-eight and five tenths percent (98.5%) of the lands subject to
this Agreement are within an HSA or FSA as depicted on the RLSA Overlay Map,
officially entitled "Collier County Rural and Agricultural Area Assessment Stewardship
Overlay Map". Upon designation of these lands as an SSA, the owner shall neither
seek nor request, and the County shall not in violation of Sections 4.08.06 A.2. and
3., thereafter grant or approve any expansion or conversion of agricultural uses.
Notwithstanding any condition herein to the contrary, this Agreement and the
Stewardship easement shall terminate five (5) years from its effective date unless the
Sunniland Family SSA 12 Stewardship Credits have by that date been exchanged for
entitlement of an SRA, and the SRA has received all necessary final and non-
appealable local, state and federal permits other than a plat, site development plan or
building permit, necessary to commence construction of the SRA. All affirmative
obligations and negative covenants contained in this Agreement and the Stewardship
Easement shall be null and void upon such termination without further action from the
parties hereto. Upon such termination the land shall revert to its underlying zoning
classification as of the date of this Agreement, free and clear of any encumbrance
from the Stewardship Easement. If requested by the Owner, Collier County shall
provide a written release and termination of this Agreement and the Stewardship
Easement for recording in the public records within fifteen (15) days of the request
5
17A
,
from the owner. Collier County shall update the overlay map to reflect the termination
of Sunniland Family SSA 12 or any SRA.
9.
Effectiveness.
This Agreement shall be effective upon its execution by both parties. The
terms, conditions, and obligations hereunder shall constitute covenants that run with the
land and may be enforceable by either party in the circuit courts for the 20th Judicial
Circuit in Collier County. In the event that either party hereto shall institute legal
proceedings in connection with or for the enforcement of this Agreement, the prevailing
party shall be entitled to an award of reasonable attorney's fees, costs and expenses, to
be taxed by a court of competent jurisdiction, which are directly related to any court trial
and appellate proceedings.
10. Easement Aareement.
Attached hereto as Exhibit "H" is a copy of the Stewardship Easement
Agreement (without Exhibits) that will be executed by Owner and recorded by the
Escrow Agent in accordance with the terms of the Escrow Agreement executed
simultaneously with this Agreement. The Stewardship Easement Agreement grants a
perpetual easement in favor of Collier County and the Florida Department of Agriculture
and Consumer Services setting forth specific land management measures and the party
responsible for such measures for the Sunniland Family SSA 12 land described in
Exhibit "A" which is the subject of this Agreement.
11. FSAlHSA Lands.
Four thousand seven hundred six (4,706) acres of Sunniland Family SSA
12 are within a Habitat Stewardship Area (HSA) or Flowway Stewardship Area (FSA).
The HSA and FSA lands are depicted on Exhibit "I".
12. Successors and Assians.
As used in this Agreement the term "Owner" shall include the owner, its
successors and assigns of any of the Sunniland Family SSA 12 land described in
Exhibit "A"
13. Amendments.
This Agreement may only be amended by written agreement of all parties.
6
17 A
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officers or representative and their official seals hereto
affixed the day and year first written above.
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APPROVED A~.Tq.l;t)RM AND
LEGAL UFF.ICIENCY:
By: I (u
~eff Wrigh , Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: '~.t..ll^). C#
Fred W. Coyle, Chairma ..
WITNESS:
SUNNILAND FAMILY LIMITED
PARTNERSHIP, a Florida limited partnership
,
7/1 k:.t,.<. ~r<.. I c{ t' 0.....1.
,j
By: SUNNILAND PARTNERS, LLC,
a Florida limited liability company
Its: eral p:rtne/rJ\
By: t1
Print Name: Aliese P. Priddy
Its: Managing Member
(Signature)
. ,
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,j { '-I.. y.i... ) {"-- I t( (; ri. II..
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7
17 A
1
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Credit Agreement was executed before me this e2'8' day of
~Y- ,2010, by Aliese P. Priddy, Managing Member of Sunniland
Partners, LLC, a Florida limited liability company, general partner of Sunniland Family
Li' a ne " Florida limited partnership, on behalf of the company, who is
ersonally known to me r produced 'dentification.
Notary Public
Name:
Certificate No.
My Commission expires:
(i)'. WlLUAM JACK IlBotPSEY
{.: ,MYCOMMISSION.DD754172
~, . EXPIRES. Man:lt8,2012
''I,f,iif.. BanlIIdThru~P\ilICl.IncIeIWrIM
CP 12999 doc. 39
8
17 A
LIST OF EXHIBITS
Sunniland Stewardship Sending Area 12 Credit Agreement
Exhibit "A" Sunniland Family SSA 12 Land Legal Description
Exhibit "B" Sunniland Family SSA 12 (4,775.9 acre parcel) depicted on Map of SSA
Land
Exhibit "C" Retained land Uses
Exhibit "0" Restoration Area
Exhibit "E" Legal Description of SSA 12 Flowway Restoration Area
Exhibit "F" Natural Resource Index Assessment Worksheet
Exhibit "G" Sunniland Family SSA 12 Restoration Program
Exhibit "H" Stewardship Easement Agreement
Exhibit "I" FSA / HSA Lands
9
17 A 4
SUNNILAND FAMILY SSA
12
CREDIT AGREEMENT
10
17 A '
EXHIBIT A
11
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WilsOnMiller@
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Legal Description
Of part of Sections 23-27 and Sections 34-36,
Township 48 South, Range 30 East,
Collier County, Florida.
(Stewardship Sending Area 12, Revised 01/20/2010)
All that part of Sections 23-27 and Sections 34-36, Township 48 South, Range 30 East,
Collier County, Florida and being more particularly described as follows:
Beginning at the Southeast corner of Section 36, Township 48 South, Range 30 East,
Collier County, Florida.
Thence North 89'37'54" West along the south line of said Section 36 for a distance of
5,260.70 feet to the Southeast corner of Section 35, Township 48, Range 30 East,
Collier County Florida;
Thence South 89012'00" West along the south line of said Section 35 for a distance of
2,641.23 feet to the South Y. corner of said Section 35;
Thence continue South 89'07'44" West along said south line for a distance of 2,642.35
feet to the South east corner or Section 34, Township 48 South, Range 30 East, Collier
County, Florida;
Thence South 89006'03" West along the south line of said Section 34 for a distance of
2,641.41 feet to the South Y. corner of said Section 34;
Thence continue South 89006'34" West along said south line for a distance of 2,635.98
feet to the Southwest corner of said Section 34;
Thence North 22'42'49" East a distance of 5,778.50 feet to a point on the south line of
Section 27, Township 48 South, Range 30 East, Collier County, Florida;
Thence leaving said south line North 22057'35" West for a distance of 3,855.59 feet;
Thence North 18'12'30" East for a distance of 1,809.50 feet to a point on the south line
of Section 22, Township 48 South, Range 30 East, Collier County, Florida;
Thence North 89024'03" East along the south line of said Section 22, for a distance of
3,770.96 feet to the Southwest corner of Section 23, Township 48 South, Range 30
East, Collier County, Florida;
Thence North 01009'30" West along the west line of said Section 23, for a distance of
5,279.32 feet to the Northwest corner of said Section 23;
Thence North 89'17'46" East along the north line of said Section 23, for a distance of
5,283.96 feet to the Northwest corner of Section 24, Township 48 South, Range 30
East, Collier County, Florida;
Thence North 89012'44" East along the north line of said Section 24, for a distance of
2,649.04 feet to the North Y. corner of said Section 24;
Thence leaving the north line of said Section 24 along the southerly boundary of those
lands described in official records book 3903, page 1536 for the following three (3)
courses:
1. South 00'47'16" East for a distance of 110.00 feet;
2. North 89025'26" East for a distance of 2,449.05 feet;
3. North 00051'06" West for a distance of 119.24 feet to a point on the north line
of said Section 24, lying 200 feet west of the east line of said Section 24;
Thence North 88'55'50" East along the north line of said Section 24 for a distance of
200.00 feet to the Northeast corner of said Section 24;
Thence South 00057'54" East along the east line of said Section 24 for a distance of
5,319.57 feet to the Northeast corner of Section 25, Township 48 South, Range 30
East, Collier County, Florida; f I{ h ,6, ~ A
._-~-"...__....______.._.._._._..~__._.___3._o.L La
112t1ll/ifJl>r;l!lH~I\'il:.ec312QlJ:lS~ane Suite 200 Naples, Florida 34105 ~ 800.649:4336_"2.:9.6~~.404~_._~39.643:57~6~_...._..."" ...
03312-C47-050. -0 I _____~____~.____J___~~~!sonM~I~~~~_~_____..
17 A
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Thence South 00055'50" East along the east line of said Section 25 for a distance of
2,660.18 feet to the East 14 corner of said Section 25;
Thence continue South 00057'17" East along said east line for a distance of 2,649.72
feet to the Northeast corner of Section 36, Township 48 South, Range 30 East, Collier
County, Florida;
Thence South 00056'47" East along the east line of said Section 36 for a distance of
2,663.16 feet to the East 14 corner of said Section 36;
Thence continue South 01020'28" East along said east line for a distance of 2,640.29
feet to the Southeast corner of Section 36, Township 48 South, Range 30 East, Collier
County, Florida and the POINT OF BEGINNING.
Containing 4,793.45 acres more or less.
lESS AND EXCEPTING THE FOllOWING DESCRIBED PARCEL 1;
All that part of Section 35, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows;
Commencing at the Southeast corner of Section 34, Township 48 South,
Range 30 East, Collier County, Florida;
Thence North 39024'43" East 1,913.15 feet to the POINT OF BEGINNING;
Thence North 4r25'02" West 254.89 feet;
Thence North 26036'43" West 15.98 feet;
Thence North 35050'23" East 332.75 feet;
Thence South 49058'06" East 165.60 feet;
Thence North 26059'47" East 91.11 feet;
Thence South 46028'12" East 117.87 feet;
Thence South 1 r06'29" West 68.99 feet;
Thence South 25020'31" West 106.64 feet;
Thence South 44059'59" West 265.42 feet to the POINT OF BEGINNING.
Containing 2.55 acres more or less.
ALSO lESS AND EXCEPTING THE FOllOWING DESCRIBED PARCEL 2;
All that part of Section 34, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southeast corner of said Section 34;
LEGAL DESCRIPTION
Thence North 12006'45" West 1 ,970.05 feet to the POINT OF BEGINNING;
Thence North 89022'27" West 771.23 feet;
Thence North 56018'20" West 109.73 feet;
Thence North 00000'00" East 131.88 feet;
Thence North 14031'57" East 141.48 feet;
Thence North 2r18'02" East 176.95 feet;
Thence North 8r59'51" East 436.30 feet;
Thence South 89006'21" East 6.43 feet;
Thence North 40010'20" East 53.21 feet;
Thence South 50047'07" East 59.09 feet;
Thence North 90000'00" East 5.02 feet;
Thence North 8r59'47" East 197.88 feet;
Thence North 64059'04" East 83.96 feet;
Thence North 49023'50" East 194.45 feet;
Thence South 13039'56" West 41.32 feet;
1/2012010 - 19578\ - Ve" 4 - ICSOTIY
033\2-C47-050 - - 0
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Thence South 2r12'55" West 90.63 feet;
Thence South 1r21'47" West 38.60 feet;
Thence South 3r24'07" West 98.55 feet;
Thence South 23044'42" West 62.89 feet;
Thence South 34030'45" West 89.41 feet;
Thence South 34059'42" West 56.22 feet;
Thence South 41049'18" West 58.69 feet;
Thence South 32037'14" West 68.35 feet;
Thence South 2r53'30" West 44.30 feet;
Thence South 08058'20" East 44.29 feet;
Thence South 36001'31" East 31.31 feet;
Thence South 5r48'50" East 73.47 feet;
Thence South 60020'08" East 42.33 feet to the POINT OF BEGINNING.
Containing 9.63 acres more or less.
ALSO LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL 3;
All that part of Section 34, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southwest corner of said Section 34;
Thence North 45050'21" East 5,414.39 feet to the POINT OF BEGINNING;
Thence North 33022'03" West 118.93 feet;
Thence North 33022'04" West 130.08 feet;
Thence North 56034'27" East 303.88 feet;
Thence South 3r20'55" East 242.47 feet;
Thence South 55018'18" West 192.42 feet;
Thence South 55018'20" West 128.38 feet to the POINT OF BEGINNING.
Containing 1.76 acres more or less.
ALSO LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL 4;
All that part of Section 34, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southwest corner of said Section 34;
Thence North 34007'47" East 1,754.17 feet to the POINT OF BEGINNING;
Thence North 09028'50" West 23.44 feet;
Thence North 08007'36" West 27.24 feet;
Thence North 00054'06" West 298.68 feet;
Thence South 74003'51" East 34.83 feet;
Thence South 66030'18" East 40.00 feet;
Thence South 64026'39" East 32.08 feet;
Thence North 66002'29" East 44.39 feet;
Thence North 79049'06" East 46.03 feet;
Thence South 30059'23" East 38.37 feet;
Thence South 02027'09" East 52.12 feet;
Thence South 03039'35" West 58.52 feel;
Thence South 02043'50" West 57.61 feet;
Thence South 05000' 14" East 56.19 feet;
Thence South 01038'58" West 51.37 feet;
Thence South 70001 '08" West 32.57 feet;
Thence North 90000'00" West 38.27 feet;
1/20/2010 - 195781 - Ve" 4 -lCSOTIY
03312-C47-050 - - 0
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Thence South 63026'39" West 33.79 feet;
Thence South 63018'10" West 3.18 feet;
Thence South 21002'32" West 6.43 feet;
Thence North 7r48'14" West 30.14 feet;
Thence North 90000'00" West 57.79 feet to the POINT OF BEGINNING.
Containing 1.48 acres more or less.
ALSO lESS AND EXCEPTING THE FOllOWING DESCRIBED PARCEL 5;
All that part of Section 23, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southwest corner of said Section 23;
Thence North 33023'03" East 2,397.77 feet to the POINT OF BEGINNING;
Thence North 03'10'09" West 5.22 feet;
Thence North 03010'46" West 185.33 feet;
Thence North 88005'21" East 152.26 feet;
Thence South 5r59'47" East 47.85 feet;
Thence South 19058'58" East 118.74 feet;
Thence North 8r42'22" East 126.90 feet;
Thence South 02051'44" East 229.96 feet;
Thence South 21056'30" West 7.49 feet;
Thence North 7r19'29" West 19.99 feet;
Thence North 90000'00" West 123.06 feet;
Thence North 80032'30" West 48.29 feet;
Thence North 45000'00" West 50.53 feet;
Thence North 38039'11" West 50.84 feet;
Thence North 42016'47" West 59.01 feet;
Thence North 55018'27" West 62.77 feet;
Thence North 56056'57" West 11.04 feet to the POINT OF BEGINNING.
Containing 2.12 acres more or less.
Containing 4,775.91 net acres more or less.
Subject to easements and restrictions of record.
Bearings are based on the South line of said Section 36, being North 89037'54" West.
Certificate of authorization #LB-43.
Wilson Miller, Inc.
Registered Engineers and Land Surveyors
Date /- 20 - 2()!()
nal Surveyor and Mapper #LS4493
\12012010 -195781- Ver: 4 - ICSOTIY
03312-C47-050 - - 0
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DESCRIPTION OF LANDS
LYING WITHIN SECTIONS
23, 24, 25, AND 26
TOWNSHIP 48 SOUTH, RANGE 30 EAST
COLLIER COUNTY, FLORIDA
(STEWARDSHIP SENDING AREA 12 - FLOWWAY RESTORATION AREA 1)
STEWARDSHIP SENDING AREA 12 -FLOWWAY RESTORATION AREA 1
(403.48 ACRE PARCEL)
ALL THAT PART OF SECTIONS 23, 24, 25, AND 26, TOWNSHIP 48 SOUTH, RANGE 30
EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 23, TOWNSHIP 48 SOUTH,
RANGE 30 EAST, COLLIER COUNTY, FLORIDA.
THENCE CONTINUING NORTH 89'17'46" EAST ALONG THE NORTH LINE OF SAID
SECTION 23 FOR A DISTANCE OF 2506.60 FEET TO THE POINT OF BEGINNING.
THENCE NORTH 89017'44" EAST ALONG THE NORTH LINE OF SAID SECTION 23 FOR A
DISTANCE OF 2059.58 FEET TO A POINT ON SAID NORTH LINE;
THENCE LEAVING SAID NORTH LINE IN STRAIGHT LINE VERTICES THROUGH THE
FOLLOWING 101 COURSES:
1. THENCE SOUTH 34034'45" EAST 66.20 FEET;
2. THENCE SOUTH 28016'38" EAST 1261.68 FEET;
3. THENCE SOUTH OWOO'32" WEST 585.60 FEET;
4. THENCE SOUTH 01008'04" EAST 774.10 FEET;
5. THENCE SOUTH 04'32'16" EAST 484.28 FEET;
6. THENCE SOUTH Or07'30" EAST 185.34 FEET;
7. THENCE SOUTH 08028'16" EAST 364.13 FEET;
8. THENCE SOUTH Or41'46" EAST 457.77 FEET;
9. THENCE SOUTH 16030'16" EAST 215.79 FEET;
10. THENCE SOUTH 2W15'31" EAST 640.85 FEET;
11. THENCE SOUTH 2r27'04" EAST 498.68 FEET;
12. THENCE SOUTH 20048'24" EAST 614.81 FEET;
13. THENCE SOUTH 20016'57" EAST 563.69 FEET;
14. THENCE SOUTH 22006'34" EAST 198.51 FEET;
15. THENCE SOUTH 10057'15" WEST 181.47 FEET;
16. THENCE SOUTH 43'09'09" WEST 252.09 FEET;
17. THENCE SOUTH 63058'14" WEST 275.02 FEET;
18. THENCE SOUTH 44059'59" EAST 56.89 FEET;
19. THENCE SOUTH 14002'11" EAST 47.39 FEET;
20. THENCE SOUTH 29003'17" WEST 59.17 FEET;
21. THENCE SOUTH 28018'03" WEST 169.71 FEET;
22. THENCE SOUTH 32054'18" WEST 57.59 FEET:
23. THENCE SOUTH 4r17'11" WEST 20.49 FEET;
24. THENCE SOUTH 14002'10" WEST 32.78 FEET;
25. THENCE SOUTH 15025'19" EAST 95.66 FEET;
26. THENCE SOUTH 00"00'00" EAST 47.70 FEET;
27. THENCE SOUTH 29003'18" WEST 32.74 FEET;
28. THENCE SOUTH 08'19'32" WEST 65.88 FEET;
29. THENCE SOUTH 04023'55" WEST 82.92 FEET;
30. THENCE SOUTH OW10'13" EAST 59.17 FEET;
31. THENCE SOUTH 20033'22" EAST 54.34 FEET;
32. THENCE SOUTH 2r07'16" EAST 73.24 FEET;
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33. THENCE SOUTH 30039'02" EAST 149.70 FEET;
34. THENCE SOUTH 30029'00" EAST 260.14 FEET;
35. THENCE SOUTH 32039'40" EAST 73.66 FEET;
36. THENCE SOUTH 21009'40" EAST 52.85 FEET;
37. THENCE SOUTH 18026'06" EAST 40.22 FEET;
38. THENCE SOUTH 05006'08" EAST 89.39 FEET;
39. THENCE SOUTH 09027'45" EAST 96.71 FEET;
40. THENCE SOUTH 06050'21" EAST 49.28 FEET;
41. THENCE NORTH 7T54'21" WEST 17.92 FEET;
42. THENCE NORTH 81001 '36" WEST 19.33 FEET;
43. THENCE SOUTH 77054'15" WEST 14.39 FEET;
44. THENCE NORTH 58034'13" WEST 21.20 FEET;
45. THENCE NORTH 36052'09" WEST 15.07 FEET;
46. THENCE NORTH 21015'02" WEST 19.41 FEET;
47. THENCE NORTH 18026'07" WEST 15.89 FEET;
48. THENCE NORTH 25'20'46" WEST 21.13 FEET;
49. THENCE NORTH 11018'36" WEST 20.49 FEET;
50. THENCE NORTH 31036'29" WEST 15.34 FEET;
51. THENCE NORTH 59055'53" WEST 22.06 FEET;
52. THENCE NORTH 54027'45" WEST 17.29 FEET;
53. THENCE NORTH 49023'51" WEST 9.26 FEET;
54. THENCE NORTH 56018'36" WEST 10.87 FEET;
55. THENCE NORTH 90000'00" WEST 3.01 FEET:
56. THENCE SOUTH 86038'00" WEST 17.11 FEET;
57. THENCE NORTH 90000'00" WEST 16.08 FEET;
58. THENCE NORTH 70033'33" WEST 18.11 FEET;
59. THENCE NORTH 74028'35" WEST 18.77 FEET;
60. THENCE NORTH 90000'00" WEST 10.05 FEET;
61. THENCE SOUTH 86038'00" WEST 17.11 FEET;
62. THENCE SOUTH 51020'27" WEST 12.87 FEET;
63. THENCE SOUTH 36052'09" WEST 15.07 FEET;
64. THENCE SOUTH 40014'12" WEST 17.11 FEET;
65. THENCE SOUTH 19026'26" WEST 18.12 FEET;
66. THENCE SOUTH 21'48'00" WEST 10.82 FEET;
67. THENCE SOUTH 03056'44" WEST 29.21 FEET;
68. THENCE SOUTH 00000'00" WEST 21.10 FEET;
69. THENCE SOUTH 02036'10" WEST 22.13 FEET;
70. THENCE SOUTH 20033'23" WEST 8.58 FEET;
71. THENCE SOUTH 16041'55" WEST 10.49 FEET;
72. THENCE SOUTH 15015'18" WEST 7.22 FEET;
73. THENCE NORTH 62032'1 T' WEST 10.56 FEET;
74. THENCE NORTH 43009'10" WEST 51.64 FEET;
75. THENCE NORTH 49055'37" WEST 193.83 FEET;
76. THENCE NORTH 49040'27" WEST 265.59 FEET;
77. THENCE NORTH 49040'17" WEST 429.28 FEET;
78. THENCE NORTH 4T29'31" WEST 658.72 FEET;
79. THENCE NORTH 11009'56" EAST 27.87 FEET;
80. THENCE NORTH 11009'56" EAST 96.80 FEET;
81. THENCE NORTH 56018'36" WEST 42.44 FEET;
82. THENCE NORTH 41000'33" WEST 71.76 FEET;
83. THENCE NORTH 39'15'05" WEST 249.31 FEET;
84. THENCE NORTH 30047'03" WEST 128.80 FEET;
85. THENCE NORTH 2T14'07" WEST 180.06 FEET;
86. THENCE NORTH 24035'19" WEST 303.77 FEET;
87. THENCE NORTH 24015'48" WEST 551.81 FEET;
88. THENCE NORTH 23'09'18" WEST 407.14 FEET;
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17 A
89. THENCE NORTH 22044'06" WEST 693.50 FEET;
90. THENCE NORTH 25020'46" WEST 958.38 FEET;
91. THENCE NORTH 13052'39" WEST 670.93 FEET;
92. THENCE NORTH 10013'20" WEST 474.97 FEET;
93. THENCE NORTH 00000'00" EAST 228.67 FEET;
94. THENCE NORTH 11027'51" WEST 99.73 FEET;
95. THENCE NORTH 05029'01" WEST 506.88 FEET;
96. THENCE NORTH Or31 '28" WEST 619.36 FEET;
97. THENCE NORTH 05050'50" WEST 181.78 FEET;
98. THENCE NORTH 06051'49" WEST 353.01 FEET;
99. THENCE NORTH 09017'36" WEST 90.43 FEET;
100. THENCE NORTH 11006'29" WEST 105.57 FEET;
101. THENCE NORTH 07031'28" WEST 917.76 FEET TO
THE POINT OF BEGINNING.
PARCEL CONTAINS 403.47 ACRES MORE OR LESS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
BEARINGS ARE BASED ON THE ON THE SOUTH LINE OF SECTION 36, TOWNSHIP 48
SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA
BEING NORTH 89037'54" WEST
By: C;;;..., P .. 'I/{Vcn Date 0/- 2S -zo/[)
JOT P} Maloney, Profess' nal rveyor and Mapper #LS4493
~
WILS N LLER, INC. REGIS ER ENGINEERS AND LAND SURVEYORS.
NOT V 10 WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A
PROFESSIONAL SURVEYOR AND MAPPER.
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17A
DESCRIPTION OF LANDS
LYING WITHIN SECTIONS
23, 24, 25, 35 AND 36
TOWNSHIP 48 SOUTH, RANGE 30 EAST
COLLIER COUNTY, FLORIDA
(STEWARDSHIP SENDING AREA 12 - FLOWWAY RESTORATION AREA 2)
STEWARDSHIP SENDING AREA 12 ..FLOWWAY RESTORATION AREA 2
(1779.41 ACRE PARCEL)
ALL THAT PART OF SECTIONS 23, 24, 25, 35, AND 36, TOWNSHIP 48 SOUTH, RANGE 30
EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 24, TOWNSHIP 48 SOUTH,
RANGE 30 EAST, COLLIER COUNTY, FLORIDA.
THENCE NORTH 89012'44" EAST ALONG THE NORTH LINE OF SAID SECTION 24, FOR A
DISTANCE OF 2,649.04 FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 24;
THENCE LEAVING NORTH LINE OF SAID SECTION 24 ALONG THE SOUTHERLY
BOUNDARY OF LANDS DECRIBED IN OFFICAL RECORDS BOOK 3903, PAGE 1536 FOR
THE FOLLOWING THREE (3) COURSES:
1. THENCE SOUTH 00047'16" EAST FOR A DISTANCE OF 110.00 FEET;
2. THENCE NORTH 89025'26" EAST FOR A DISTANCE OF 2,449.05 FEET;
3. THENCE NORTH 00051'06" WEST FOR A DISTANCE OF 119.24 FEET TO A POINT ON
THE NORTH LINE OF SAID SECTION 24 LYING 200 FEET WEST OF THE NORTHEAST
CORNER OF SAID SECTION 24 ;
THENCE NORTH 88055'50" EAST ALONG THE NORTH LINE OF SAID SECTION 24 FOR A
DISTANCE OF 200.00 FEET TO THE NORTHEAST CORNER OF SAID SECTION 24;
THENCE SOUTH 00057'54" EAST ALONG THE EAST LINE OF SAID SECTION 24 FOR A
DISTANCE OF 5,319.57 FEET TO THE NORTHEAST CORNER OF SECTION 25,
TOWNSHIP 48 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA;
THENCE SOUTH 00055'50" EAST ALONG THE EAST LINE OF SAID SECTION 25 FOR A
DISTANCE OF 2,660.18 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 25;
THENCE CONTINUE SOUTH 00057'17" EAST ALONG SAID EAST LINE FOR A DISTANCE
OF 2,649.72 FEET TO THE NORTHEAST CORNER OF SECTION 36, TOWNSHIP 48
SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA;
THENCE SOUTH 00056'47" EAST ALONG THE EAST LINE OF SAID SECTION 36 FOR A
DISTANCE OF 2,663.16 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 36;
THENCE CONTINUE SOUTH 01020'28" EAST ALONG SAID EAST LINE FOR A DISTANCE
OF 2,640.29 FEET TO THE SOUTHEAST CORNER OF SECTION 36, TOWNSHIP 48
SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA.
THENCE NORTH 89037'54" WEST ALONG THE SOUTH LINE OF SAID SECTION 36 FOR A
DISTANCE OF 5,260.70 FEET TO THE SOUTHEAST CORNER OF SECTION 35 ,
TOWNSHIP 48, RANGE 30 EAST, COLLIER COUNTY FLORIDA;
THENCE SOUTH 89012'00" WEST ALONG THE SOUTH LINE OF SAID SECTION 35 FOR A
DISTANCE OF 425.92 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 35;
THENCE LEAVING SAID SOUTH LINE IN STRAIGHT LINE VERTICES THROUGH THE
FOLLOWING 100 COURSES:
1. THENCE NORTH 6r04'50" EAST 115.05 FEET;
2. THENCE NORTH 60004'07" EAST 225.02 FEET;
3. THENCE NORTH 3r24'19" EAST 126.46 FEET;
4. THENCE NORTH 04028'02" EAST 379.35 FEET;
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17 A
5. THENCE NORTH 06042'35" EAST 1,921.87 FEET;
6. THENCE NORTH OrOO'34" EAST 1,452.73 FEET;
7. THENCE NORTH 05038'18" EAST 2,304.09 FEET;
8. THENCE NORTH 01053'14" EAST 797.76 FEET;
9. THENCE NORTH 04059'08" EAST 125.45 FEET;
10. THENCE NORTH 01039'04" WEST 60.35 FEET;
11. THENCE NORTH 01009'26" WEST 118.14 FEET;
12. THENCE NORTH 06020'24" WEST 64.82 FEET;
13. THENCE NORTH 1 r25'04" WEST 63.77 FEET;
14. THENCE NORTH 30018'10" WEST 1 06.40 FEET;
15. THENCE NORTH 29029'35" WEST 302.92 FEET;
16. THENCE NORTH 25042'35" WEST 35.75 FEET;
17. THENCE NORTH 33001'26" WEST 85.38 FEET;
18. THENCE NORTH 2r28'28" WEST 67.24 FEET;
19. THENCE NORTH 1 W37'15" WEST 83.42 FEET;
20. THENCE NORTH 01030'28" EAST 45.35 FEET;
21. THENCE NORTH Or25'53" EAST 55.35 FEET;
22. THENCE NORTH 11035'31" EAST 47.50 FEET;
23. THENCE NORTH 15035'35" EAST 53.26 FEET;
24. THENCE NORTH 04023'54" EAST 31.11 FEET;
25. THENCE NORTH 18026'05" WEST 45.27 FEET;
26. THENCE NORTH 21030'05" WEST 42.32 FEET;
27. THENCE NORTH 00000'00" EAST 32.21 FEET;
28. THENCE NORTH 15056'44" EAST 34.74 FEET;
29. THENCE NORTH 4W13'09" EAST 39.66 FEET;
30. THENCE NORTH 43052'35" EAST 43.03 FEET;
31. THENCE NORTH 51020'25" EAST 30.56 FEET;
32. THENCE NORTH 66022'14" EAST 83.34 FEET;
33. THENCE NORTH 70012'04" EAST 126.80 FEET;
34. THENCE NORTH 6r56'27" EAST 196.96 FEET;
35. THENCE NORTH 68022'46" EAST 210.47 FEET;
36. THENCE NORTH 43009'09" EAST 52.33 FEET;
37. THENCE NORTH 30001 '06" EAST 62.00 FEET;
38. THENCE NORTH 04005'08" WEST 83.73 FEET;
39. THENCE NORTH 16031'33" WEST 113.25 FEET;
40. THENCE NORTH 16006'49" WEST 111.77 FEET;
41. THENCE NORTH 18016'21" WEST 133.18 FEET;
42. THENCE NORTH 18026'06" WEST 264.09 FEET;
43. THENCE NORTH 18034'09" WEST 161.10 FEET;
44. THENCE NORTH 12053'55" WEST 160.34 FEET;
45. THENCE NORTH 14055'41" WEST 207.82 FEET;
46. THENCE NORTH 15028'43" WEST 31.14 FEET;
47. THENCE NORTH 1 r28'29" WEST 235.25 FEET;
48. THENCE NORTH 1r51'36" WEST 87.32 FEET;
49. THENCE NORTH 22037'51" WEST 183.58 FEET;
50. THENCE NORTH 2r17'59" WEST 80.54 FEET;
51. THENCE NORTH 26000'51" WEST 107.38 FEET;
52. THENCE NORTH 26045'39" WEST 60.50 FEET;
53. THENCE NORTH 29015'44" WEST 136.02 FEET;
54. THENCE NORTH 32011 '45" WEST 265.17 FEET;
55. THENCE NORTH 34006'51" WEST 34.58 FEET;
56. THENCE NORTH 22017'27" WEST 80.34 FEET;
57. THENCE NORTH 22034'08" WEST 160.00 FEET;
58. THENCE NORTH 25046'55" WEST 85.59 FEET;
59. THENCE NORTH 25032'30" WEST 131.04 FEET;
60. THENCE NORTH 23033'47" WEST 228.68 FEET;
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17A
61. THENCE NORTH 20029'46" WEST 40.73 FEET;
62. THENCE NORTH 14034'49" WEST 154.27 FEET;
63. THENCE NORTH 1r24'21" WEST 121.93 FEET;
64. THENCE NORTH 14011'27" WEST 41.43 FEET;
65. THENCE NORTH 00055'00" WEST 57.72 FEET;
66. THENCE NORTH 01027'00" WEST 36.49 FEET;
67. THENCE NORTH 05042'39" WEST 41.76 FEET;
68. THENCE NORTH 05021 '03" WEST 168.33 FEET;
69. THENCE NORTH 02015'38" WEST 70.23 FEET;
70. THENCE NORTH 02050'51" WEST 176.59 FEET;
71. THENCE NORTH OW29'38" WEST 57.16 FEET;
72. THENCE NORTH 16018'48" WEST 19.72 FEET;
73. THENCE NORTH 31049'37" WEST 15.76 FEET;
74. THENCE NORTH 25057'32" WEST 39.03 FEET;
75. THENCE NORTH 03040'05" WEST 36.09 FEET;
76. THENCE NORTH 03006'12" WEST 76.76 FEET;
77. THENCE NORTH 03010'47" WEST 83.24 FEET;
78. THENCE NORTH 00045'43" EAST 173.62 FEET;
79. THENCE NORTH 01004'43" WEST 220.74 FEET;
80. THENCE NORTH 01000'04" EAST 237.82 FEET;
81. THENCE NORTH 00048'58" WEST 324.15 FEET;
82. THENCE NORTH 02040'31" WEST 148.37 FEET;
83. THENCE NORTH 04051'52" EAST 43.56 FEET;
84. THENCE NORTH 00007'49" EAST 203.15 FEET;
85. THENCE NORTH 00033'29" WEST 142.21 FEET;
86. THENCE NORTH 02040'31" WEST 148.37 FEET;
87. THENCE NORTH 03056'43" EAST 40.26 FEET;
88. THENCE NORTH 03040'03" EAST 36.09 FEET;
89. THENCE NORTH 04029'04" EAST 47.24 FEET;
90. THENCE NORTH 03048'50" WEST 34.71 FEET;
91. THENCE NORTH 15049'57" WEST 32.15 FEET;
92. THENCE NORTH 26015'31" WEST 77.23 FEET;
93. THENCE NORTH 29046'25" WEST 114.36 FEET;
94. THENCE NORTH 27054'28" WEST 132.19 FEET;
95. THENCE NORTH 33041 '23" WEST 29.96 FEET;
96. THENCE NORTH 32055'56" WEST 48.41 FEET;
97. THENCE NORTH 29034'40" WEST 98.22 FEET;
98. THENCE NORTH 29035'55" WEST 89.74 FEET;
99. THENCE NORTH 30049'46" WEST 202.71 FEET;
1 00. THENCE NORTH 30037'15" WEST 345.01 FEET TO A POINT ON THE NORTH LINE OF
SECTION 23, TOWNSHIP 48 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA;
THENCE NORTH 89017'44" EAST ALONG THE NORTH LINE OF SAID SECTION 23 FOR A
DISTANCE OF 538.70 FEET TO THE NORTHWEST CORNER OF SECTION 24, TOWNSHIP
48 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA.
SAID POINT BEING THE POINT OF BEGINNING.
PARCEL CONTAINS 1,779.41 ACRES.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
BEARINGS ARE BASED ON THE ON THE SOUTH LINE OF SECTION 36, TOWNSHIP 48
SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA
BEING NORTH 8go37'54" WEST, PER FLORIDA STATE PLANE COORDINATE SYSTEM,
FLORIDA EAST ZONE, NORTH AMERICAN DATUM 83.
3
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17A
FLOWWAY RESTORATION PARCEL 2 CONTAINS 1779.41 ACRES MORE OR LESS.
Date (')/. 2.5-/0
urveyor and Mapper #LS4493
WILS MILLER, INC. REGIS ENGINEERS AND LAND SURVEYORS.
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A
PROFESSIONAL SURVEYOR AND MAPPER.
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Table 2
RESTORATION CREDIT CALCULATIONS
Restoration Type Acres "R1" Credits "R2" Credits Restoration
(@ 2.0per acre) (@4.0 per acre) Credits
Flowway Restoration (R II) 2182.9 4365.8 8731.6 13097.4
Totals 2182.9 4365.8 8731.6 13097.4
Table 3
STEWARDSHIP CREDITS GENERATED
Credit Source Credits
Base Credits 8956.8
Early Entry Bonus Credits 1458.0
"R1" Restoration Credits 4365.8
"R2" Restoration Credits 8731.6
Total 23512.2
WilsonMiller
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SSA 12 Credit Agreement
EXhibit. ~
2. <:,. L
17 A '
EXHIBIT G
17
17A
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EXHIBIT G
RESTORATION PROGRAM
1. The purpose of this Restoration Program is to identify the restoration
improvements, eligibility criteria, applicable success criteria, and land
management measures for Flowway Restoration Areas 1 and 2 of SSA 12. The
legal descriptions for these Restoration Areas can be found in Exhibit "E" of the
SSA 12 Stewardship Credit Agreement and Exhibit "0" of the SSA 12
Stewardship Easement Agreement.
a. Flowway Restoration Area 1 is approximately 403.5 acres in size and is
within the Okaloacoochee Slough FSA as delineated on the RLSA Overlay
Map. The restoration improvements will consist of hydrologic restoration
improvements that will reduce physical impediments to sheetflow and
functionally enhance the flowway's natural hydrologic regime.
b. The hydrologic restoration improvements will consist of breaching and/or
partially removing berms to the natural grade of adjacent lands within
Flowway Restoration Area 1 (Credit Agreement Exhibit E), sufficient to re-
establish a natural flow regime. Grantor will design the location, size, and
number of berm alterations necessary to restore the natural flow regime,
while minimizing impacts to native tree species on the existing berms and
spoil piles. Where necessary, canals will also be partially filled to the
existing natural grade, and/or redirected to restore a more natural
sheetflow. SFWMD Big Cypress Basin shall determine if the Design is
adequate to restore the natural flow regime. Once the Design is
determined to be adequate, Grantor shall cause the restoration
improvements to be made.
c. The ecological restoration improvements within Flowway Restoration Area
1 shall consist of controlling exotic and nuisance vegetation (as currently
defined by the Florida Exotic Plant Pest Council) to levels less than 5%
area coverage. The primary exotic and nuisance species will be controlled
through a combination of mechanical removal, directed herbicide
applications, and controlled burning.
d. The applicant will notify staff when success criteria have been achieved.
Within 90 days of said notification, staff will confirm that the berms have
been breached and/or leveled, consistent with the Design, and that
ecological restoration improvements have met the minimum criteria listed
above. Upon said confirmation by County Staff, success criteria shall be
deemed to have been met, and the additional stewardship credits from
I b/3
17 A
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. ,
Flowway Restoration Area 1 shall be available for transfer or utilization by
Grantor
e.
The land management measures for Flowway Restoration Area 1 shall be
to control exotics within the 403.5-acre restoration area.
f.
Flowway Restoration Area 2 is approximately 1,779.4 acres in size and is
within the limits of the Okaloacoochee Slough FSA. The restoration
improvements will consist of: (1) hydrologic restoration improvements that
will increase the width of the flow way and functionally enhance the flow
way's natural hydrologic regime; (2) ecological restoration improvements
that will control exotic vegetation to improve ecological functions; and (3)
the supplemental planting of native species to restore habitats.
Supplemental plantings shall be reviewed by Collier County Environmental
Services staff. Restoring the field to a natural flow regime within the
Okaloacoochee Slough FSA will re-create historic sheetflow patterns
onsite and rehydrate areas south and southwest of the property.
g.
The hydrologic restoration improvements will consist of breaching and/or
partially removing berms to the natural grade of adjacent lands within
Flowway Restoration Area 2 (Credit Agreement Exhibit E), sufficient to re-
establish a natural flow regime. Grantor will design the location, size, and
number of berm alterations necessary to restore the natural flow regime,
while minimizing impacts to native tree species on the existing berms and
spoil piles. Where necessary, canals will also be partially filled to the
existing natural grade, and/or redirected to restore a more natural
sheetflow. SFWMD Big Cypress Basin shall determine if the Design is
adequate to restore the natural flow regime. Once the Design is
determined to be adequate, Grantor shall cause the restoration
improvements to be made.
h.
Ecological improvements within Flowway Restoration Area 2 shall consist
of controlling exotic and nuisance vegetation (as currently defined by the
Florida Exotic Plant Pest Council) to levels less than 5% area coverage.
The primary exotic and nuisance species will be controlled through a
combination of mechanical removal, directed herbicide applications, and
controlled burning. Exotic and nuisance species within the deeper portions
of Flowway Restoration Area 2, primarily primrose willow (Ludwigia
peruviana) and cattail (Typha spp.), may be excluded from intensive
control efforts due to the flowway water depths, equipment access, the
intensity of mechanical and/or chemical treatments necessary for control,
and potential environmental impacts.
i.
The applicant will notify staff when success criteria have been achieved.
Within 90 days of said notification, staff will confirm that the berms have
2.. of !;
17 A
been breached and/or leveled, consistent with the Design, and that
ecological restoration improvements have met the minimum criteria listed
above. Upon said confirmation by County Staff, success criteria shall be
deemed to have been met, and the additional stewardship credits from
Restoration Area B shall be available for transfer or utilization by Grantor.
j.
The land management measures for Flowway Restoration Area 2 shall be
to control exotics within the 1 ,779.4-acre restoration area.
k.
The estimated annual costs of the land management measures for
Flowway Restoration Areas 1 and 2 are $8,000. Owner shall procure, at
its election, either a bond or letter of credit ("Surety") on an annual basis in
favor of the Grantees in an amount equal to 120% of the annual costs of
the land management measures. This obligation shall start 30 days after
Grantor has received notice from the County that any Stewardship Credits
from restoration improvements for SSA 12 restoration areas are available
and have been authorized, and the obligation shall end 10 years after the
start date, or at such date as a governmental entity or established
conservation organization undertakes the land management measures.
I.
In the event Grantor fails to maintain any of the Restoration Areas
according to the land management measures set forth herein, County
shall have the right to draw upon the Surety after 60 days written notice to
Grantor with a right to cure and a failure of Owner to undertake cure within
said 60 days. The County shall only be permitted to use the drawn Surety
funds for the maintenance of the Restoration Areas in accordance with the
land management measures set forth herein.
m.
In the event the Grantor fails to annually provide the Surety and fails to
maintain the Restoration Areas pursuant to the land management
measures set forth herein, the Grantees, or either of them, may conduct
such land management measures and lien the Restoration Areas for the
cost of maintaining the Restoration Areas pursuant to the land
management measures set forth herein. The County may pursue its rights
against the Grantor under the Stewardship Easement for breach thereof or
foreclose its lien on the Restoration Areas.
:3 0/3
17 A '
EXHIBIT H
18
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EXHIBIT I
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17A
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OSSA Boundary
o Excluded from SSA
~ Flowway Stewardship Area (FSA)
_ Habitat Stewardship Area (HSA)
., Water Retention Area (WSA)
0 0.0 -0.2 ESl 0.8 -0.9 . 1.5-1.6 . 2.2 -2.3
0 0.2 - 0.3 IE3 0.9-1.0 . 1.6-1.7 . 2.3 -2.4
0 0.3- 0.4 III 1.0 -1.1 . 1.7 -1.8 . 2.4 -2.5
0 0.4 - 0.5 . 1.1 -1.2 . 1.8.1.9 . 2.5 -2.6
0 0.5 -0.6 . 1.2 -1.3 . 1.9-2.0 . 2.6 -2.7
0 0.6 - 0.7 . 1.3 -1.4 . 2.0 -2.1 . 2.7 -2.8
0 0.7 - 0.8 . 1.4.1.5 . 2.1 -2.2 . 2.8 -2.9
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