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Resolution 2005-207 17E RESOLUTION 2005- 207 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING STEWARDSHIP SENDING AREA NUMBER 5 ("BCI SSA 5") IN THE RURAL LAND STEWARDSHIP AREA ZONING OVERLAY DISTRICT, DESIGNATING 651.3 ACRES THEREIN AS BCI SSA SA, APPROVING A STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR BCI SSA SA, AND ESTABLISHING THE NUMBER OF STEWARDSHIP CREDITS GENERATED BY THE DESIGNATION OF SAID STEW ARDSHIP SENDING AREA ("BCI SSA SA") WHEREAS, the Collier County Board of County Commissioners, by Resolution 2004- 292, adopted September 21, 2004, designated 1852.3 acres in the Rural Land Stewardship Zoning District as Stewardship Sending Area Number 5 (BCI SSA 5); and WHEREAS, Barron Collier Investments Ltd., a Florida Limited Partnership (herein referred to as "Owner") owns approximately six hundred fifty-one and three tenths (651.3) acres ("the subject property") located within the boundaries of the Rural Lands Stewardship Areas Zoning Overlay District ("RLSA District") in Collier County, Florida and specifically within BCI SSA 5; and WHEREAS, Owner has voluntarily requested the removal of an additional land use layer and has voluntarily requested restoration credits associated with the subject property pursuant to Section 4.08.06 of the Collier County Land development Code ("LDC"); and WHEREAS, Owner has submitted a SSA Amendment Application ("Application") for the BCI SSA SA land; and 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 BCl SSA SA Stewardship Credit Agreement is in compliance with, and meets the requirements of the LDC, and is of substantial benefit to the general public. NOW, THEREFORE, be it resolved by the Board that: I. BCI SSA SA, as described in attached Exhibit "I", consisting of approximately six hundred fifty-one and three tenths (651.3) acres is hereby designated as Stewardship Sending Area SA and will be officially designated as "BCI SSA SA" on the Official Zoning Atlas Map. 17E" 2. The BCI SSA SA Stewardship Credit Agreement, attached hereto as Exhibit "2", meets the requirements of Section 4.08.06 of the LDC and the Board hereby approves the BCI SSA SA Stewardship Credit Agreement. 3. The Board hereby establishes, grants and assigns one thousand five hundred four and nine tenths (1,504.9) Stewardship Credits to the Owner, which may be sold, transferred, or otherwise utilized by the Owner in accordance with Section 4.08.04 of the LDC. 4. The Board further approves and authorizes the acceptance of the Modification to Stewardship Easement Agreement for the BCI SSA 5 lands. 5 By its designation of the lands described in Exhibit" I" 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 BCI SSA SA Credit Agreement. THIS RESOLUTION ADOPTED this 24th day of May, 2005, after a Motion, seconded, and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .', . A 1'1'Fst: DWIdHr~. BROCK , Attest IS A..~ .,' . s1~abr..),0Jtf1~t: .' . ,l.i , " " ',' .(;-' ~oved ~~olrri i!. ~~~~ By: Patrick G. White Assistant County Attorney D, C- Ity Clerk '-1~ (\ W. ~ By: ~ Fred W. Coyle, Chairman Item# ~ Agenda~.'JLJ-.l:f:) Date ~ ~:lS.71t) ,cb WilslioMiller" ~ New Directions In Planning, Design & Engineering 17E -'1 DESCRIPTION OF LANDS LYING WITHIN SECTION 28 TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (RESTORATION AREA DELINEATION WITHIN STEWARDSHIP SENDING AREA 5) All that part of Section 28, Township 46 South, Range 30 East and Section 33, Township 46 South, Range 30 East, Collier County, Florida, being more particularly describecf-as follows: Commencing at the northwest corner of Section 28, Township 46 South, Range 30 East, Collier County, Florida (Point Number 1, Northing, 771627.68, Easting, 545892.90) Thence along the north line of said Section 28 South 89037'53" East 741.36 feet to the POINT OF BEGINNING (Point Number 2, Northing, 771622.91, Easting, 546634.25); Thence continue along the north line of said Section 28 South 89037'53" East 1,048.56 feet (Point Number 3, Northing, 771616.17, Easting, 547682.79); Thence leaving said line in straight line segments through the following vertices (Point Number 4 through Point Number 96 inclusive): Point Number 4, Northing, 771601.19, Easting, 547732.06 Point Number 5, Northing, 771592.22, Easting, 547753.77 Point Number 6, Northing, 771580.68, Easting, 547781.71 Point Number 7, Northing, 771555.25, Easting, 547829.69 Point Number 8, Northing, 771519.95, Easting, 547868.59 Point Number 9, Northing, 771474.02, Easting, 547900.48 Point Number 10, Northing, 770901.32, Easting, 548073.89 Point Number 11, Northing, 770893.93, Easting, 548697.77 Point Number 12, Northing, 770888.99, Easting, 549134.66 Point Number 13, Northing, 770933.32, Easting, 549128.33 Point Number 14, Northing, 771301.71, Easting, 549083.82 Point Number 15, Northing, 771455.14, Easting, 549128.03 Point Number 16, Northing, 771346.01, Easting, 549172.73 Point Number 17, Northing, 771282.84, Easting, 549236.33 Point Number 18, Northing, 771149.10, Easting, 549363.31 Point Number 19, Northing, 771123.66, Easting, 54942402 Point Number 20, Northing, 771003.05, Easting, 549410.26 Point Number 21, Northing, 770950.54, Easting, 549400.64 Point Number 22, Northing, 770897.24, Easting, 549395.91 Point Number 23, Northing, 770844.70, Easting, 549403.08 Point Number 24, Northing, 770791.37, Easting, 549414.26 Point Number 25, Northing, 770738.86, Easting, 549424.62 Point Number 26, Northing, 770687.17, Easting, 549437.04 Point Number 27, Northing. 770635.48, Easting, 549453.75 Point Number 28, Northing, 770588,71, Easting, 549479.10 Exh,I:Jfi "1" 116/2005.141;459 Ver: 011. GLAND g-;;f;.002-001__0 Offices strategically located to serve our clients 800.649.4336 Naples/Corporale Office 3200 Barley Lane, Suite 200. Napies, Florida 34105. 239.649.4040 . Fax 239,643.5116 wilsonmi/ler.com WilsonMil!6r,lnc, - F!. LtCJ LC-COOOI10 WilsOnMillei .. New Directions In Planning, Design & Engineering 17E '1: ,) '.~ DESCRIPTION OF LANDS lYING WITHIN SECTIONS 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST, COlLJER COUNTY. FLORIDA (RESTORA liON AREA DELINEATION WITHIN STEWARDSHIP SENDING AREA 5) SHEET 2 OF 8 Point Number 29, Northing, 770546.87, Easting, 549512.32 Point Number 30, Northing, 770441.02, Easting, 549537.55 Point Number 31, Northing, 770271.18, Easting, 549406.48 Point Number 32, Northing, 770139.25, Easting, 549385.11 Point Number 33, Northing, 770118.47, Easting, 549364.31 Point Number 34, Northing, 770068.52, Easting, 549373.65 Point Number 35, Northing, 770016.82, Easting, 549390.38 Point Number 36, Northing, 769972.52, Easting, 549418.88 Point Number 37, Northing, 769933.96, Easting, 549459.30 Point Number 38, Northing, 769913.43, Easting, 549507.30 Point Number 39, Northing, 769909.34, Easting, 549563.50 Point Number 40, Northing, 769924.11, Easting, 549612.11 Point Number 41, Northing, 769966.78, Easting, 549647.90 Point Number 42, Northing, 770004.51, Easting, 549686.37 Point Number 43, Northing, 770111.19, Easting, 549806.77 Point Number 44, Northing, 770144.81, Easting, 549848.93 Point Number 45, Northing, 770171.07, Easting, 549895.38 Point Number 46, Northing, 770187.48, Easting, 549946.05 Point Number 47, Northing, 770206.37, Easting, 550009.76 Point Number 48, Northing, 769536.86, Easting, 550612.21 Point Number 49, Northing, 769185.67, Easting, 550050.46 Point Number 50, Northing, 769203.10, Easting, 549984.88 Point Number 51, Northing, 769131.52, Easting, 549857.95 Point Number 52, Northing, 769048.51, Easting, 549899.50 Point Number 53, Northing, 769049.47, Easting, 549896.31 Poinl Number 54, Northing, 769052.16, Easting, 549886.46 Point Number 55, Northing, 768927.65, Easting, 549955.50 Point Number 56, Northing, 768801.76, Easting, 550023.51 Point Number 57, Northing, 768591.94, Easting, 550056.79 Point Number 58, Northing, 768480.52, Easting, 550069.82 Point Number 59, Northing, 768374.88, Easting, 550074.16 Point Number 60, Northing, 768157.82, Easting, 550066.92 Point Number 61, Northing, 768149.50, Easting, 550066.15 Point Number 62, Northing, 768144.47, Easting, 550042.35 Point Number 63, Northing, 768071.44, Easting, 550042.35 Point Number 64, Northing, 767940.97, Easting, 550020.10 Point Number 65, Northing, 767743.26, Easting, 549997.83 Point Number 66, Northing, 767552.90, Easting, 549978.77 Point Number 67, Northing, 767339.57, Easting, 549962.86 Point Number 68, Northing, 767046.65, Easting, 549918.25 Point Number 69, Northing, 766951.49, Easting, 549899.17 Point Number 70, Northing, 766858.77, Easting, 549861.02 Point Number 71, Northing, 766847,27, Easting, 549854.45 116f2005-146459 Ve'-Ol'.GLANO ~, 03786.-002-001..0 WiISIJnMiller. " New Directions In Planning, Design & Engineenng 17[-'1 DESCRIPTION OF LANDS lYING WITHIN SECTIONS 28. TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 33. TOWNSHIP 46 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA (RESTORATION AREA DELINEATION WITHIN STEWARDSHIP SENDING AREA 5) SHEET 3 OF 8 Point Number 72, Northing, 766770.16, Easting, 549810.16 Point Number 73, Northing, 766696.30, Easting, 549768.72 Point Number 74, Northing, 766629.86, Easting, 549736.93 Point Number 75, Northing, 766569.95, Easting, 549703.71 Point Number 76, Northing, 766508.42, Easting, 549680.10 Point Number 77, Northing, 766423.90, Easting, 549669.35 Point Number 78, Northing, 766371.40, Easting, 549778.84 Point Number 79, Northing, 766348.77, Easting, 549871.60 Point Number 80, Northing, 766337.46, Easting, 549959.83 Point Number 81, Northing, 766303.53, Easting, 550084.25 Point Number 82, Northing, 766271.85, Easting, 550204.16 Point Number 83, Northing, 766244.71, Easting, 550326.32 Point Number 84, Northing, 766215.30, Easting, 550423.60 Point Number 85, Northing, 766181.36, Easting, 550514.10 Point Number 86, Northing, 766145.16, Easting, 550611.38 Point Number 87, Northing, 766090.87, Easting, 550719.97 Point Number 88, Northing, 766043.36, Easting, 550760.69 Point Number 89, Northing, 765830.70, Easting, 550805.94 Point Number 90, Northing, 765633.88, Easting, 550848.92 Point Number 91, Northing, 765493.61, Easting, 550889.64 Point Number 92, Northing, 765366.92, Easting, 550939.41 Point Number 93, Northing, 765109.02, Easting, 551050.27 Point Number 94, Northing, 765014.00, Easting, 551100.04 Point Number 95, Northing, 764978.53, Easting, 551119.04 Point Number 96, Northing, 764881.06, Easting, 551255.92 (east line of Section 33, Township 46 South, Range 30 East) Thence along the east line of said Section 33 South 01 '00'24" East 1316.88 feet to the Section 33 east quarter corner (Point Number 97, Northing, 763564.38, Easting, 551279.06); Thence along the north line of the south half of said Section 33 South 89'52'24" East, 4456.84 feet (Point Number 98, Northing, 763574.24, Easting, 546822.22) Thence leaving said line in straight line segments through the following vertices (Point Number 99 throu9h Point Number 182 incluSive): Point Number 99, Northing, 763586.66, Easting, 546854.14 Point Number 100, Northing, 763615.37, Easting, 546897.52 Point Number 101, Northing, 763659.71, Easting, 546930.34 Point Number 102, Northing, 763709.73, Easting, 546947.36 Point Number 103, Northing, 763762.24, Easting, 546937.34 Point Number 104, Northing, 763815.59, Easting, 546927.36 Point Number 105, Northing, 763869.72, Easting, 546930.04 1/612005- 145459 Ver: 01'. GLAND ~., 03786-002-001..0 WilsOnMiller" ~ New Directions In Planning, Design & Engineering 17E ''''1 DESCRIPTION OF LANDS lYING WITHIN SECTIONS 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA (RESTORATION AREA DELINEATION WITHIN STEWARDSHIP SENDING AREA 5) SHEET 4 OF 8 Point Number 106, Northing, 763921.42, Easting, 546919.06 Point Number 107, Northing, 763973.11, Easting, 546902.14 Point Number 108, Northing, 764019.43, Easting, 546884.87 Point Number 109, Northing, 764018.66, Easting, 546934.08 Point Number 110, Northing, 764041.09, Easting, 546998.40 Point Number 111, Northing, 764054.55, Easting, 547044.77 Point Number 112, Northing, 764090.45, Easting, 547119.57 Point Number 113, Northing, 764114.38, Easting, 547191.37 Point Number 114, Northing, 764138.32, Easting, 547192.86 Point Number 115, Northing, 764190.67, Easting, 547168.93 Point Number 116, Northing, 764251.99, Easting, 547136.02 Point Number 117, Northing, 764310.33, Easting, 547094.14 Point Number 118, Northing, 764367.18, Easting, 547059.72 Point Number 119, Northing, 764431.50, Easting, 547007.37 Point Number 120, Northing, 764459.92, Easting, 546977.46 Point Number 121, Northing, 764461.41, Easting, 546964.00 Point Number 122, Northing, 764423.92, Easting, 546890.01 Point Number 123, Northing, 764471.97, Easting, 546868.81 Point Number 124, Northing, 764549.92, Easting, 546741.63 Point Number 125, Northing, 764627.03, Easting, 546630.96 Point Number 126, Northing, 764700.06, Easting, 546572.39 Point Number 127, Northing, 764723.86, Easting, 546525.62 Point Number 128, Northing, 764746.84, Easting, 546477.32 Point Number 129, Northing, 764751.12, Easting, 546468.27 Point Number 130, Northing, 764770.93, Easting, 546483.60 Point Number 131, Northing, 764788.17, Easting, 546499.50 Point Number 132, Northing, 764807.37, Easting, 546519.37 Point Number 133, Northing, 764821.93, Easting, 546537.92 Point Number 134, Northing, 764832.54, Easting, 546548.52 Point Number 135, Northing, 764842.49, Easting, 546559.12 Point Number 136, Northing, 764853.74, Easting, 546563.76 Point Number 137, Northing, 764867.66, Easting, 546563.76 Point Number 138, Northing, 764878.25, Easting, 546556.47 Point Number 139, Northing, 764885.54, Easting, 546543.89 Point Number 140, Northing, 764892.16, Easting, 546518.06 Point Number 141, Northing, 764898.79, Easting, 546487.59 Point Number 142, Northing, 764904.09, Easting, 546460.42 Point Number 143, Northing, 764909.39, Easting, 546431.93 Point Number 144, Northing, 764913.65, Easting, 546396.97 Poinl Number 145, Northing, 764917.57, Easting, 546385.02 Point Number 146, Northing, 764933.01. Easting, 546352.11 Point Number 147, Northing, 764953.16, Easting, 546323.91 Point Number 148, Northing, 764980.68, Easting, 546295.04 11612005-146459 Ver01'.GLANO ;"""J 03785-002-001..0 WilstioMille,' r New Directions In Planning, Design & Engineering 17E-"1 DESCRIPTION OF LANDS l YlNG WITHIN SECTIONS 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA (RESTORATION AREA DELINEATION WITHIN STEWARDSHIP SENDING AREA 5) SHEET 5 OF 8 Point Number 149, Northing, 765003.52, Easting, 546269.52 Point Number 150, Northing, 765011.13, Easting, 546255.79 Point Number 151, Northing, 765007.73, Easting, 546224.20 Point Number 152, Northing, 764988.88, Easting, 546174.68 Point Number 153, Northing, 764963.43, Easting, 546127.08 Point Number 154, Northing, 765042.20, Easting, 546123.60 Point Number 155, Northing, 765096.36, Easting, 546120.62 Point Number 156, Northing, 765149.70, Easting, 546118.78 Point Number 157, Northing, 765203.02, Easting, 546119.29 Point Number 158, Northing, 765254.72, Easting, 546128.22 Point Number 159, Northing, 765303.12, Easting, 546152.32 hereinafter referred to as POINT "Au . Point Number 160, Northing, 765410.60, Easting, 546126.88 Point Number 161, Northing, 765457.38, Easting, 546098.87 Point Number 162, Northing, 765501.68, Easting, 546069.86 Point Number 163, Northing, 765540.23, Easting, 546031.41 Point Number 164, Northing, 765573.06, Easting, 545988.22 Point Number 165, Northing, 765622.28, Easting, 545968.54 Point Number 166, Northing, 765674.80, Easting, 545975.70 Point Number 167, Northing, 765708.44, Easting, 546017.35 Point Number 168, Northing, 765742.89, Easting, 546059.81 Point Number 169, Northing, 765783.10, Easting, 546096.29 Point Number 170, Northing, 765828.22, Easting, 546124.62 Point Number 171, Northing, 765878.28, Easting, 546143.80 Point Number 172, Northing, 765930.81, Easting, 546155.39 Point Number 173, Northing, 765984.95, Easting, 546157.44 Point Number 174, Northing, 766026.79, Easting, 546163.60 Point Number 175, Northing, 766021.06, Easting, 546304.62 Point Number 176, Northing, 766043.20, Easting, 546442.87 Point Number 177, Northing, 766053.88, Easting, 546509.33 Point Number 178, Northing, 766107.19, Easting, 546545.73 Point Number 179, Northing, 766234.65, Easting, 546620.33 Point Number 180, Northing, 766246.69, Easting, 546627.38 Point Number 181, Northing, 766283.57, Easting, 546588.43 (north line of said Section 33) Thence along the north line of said Section 33 South 89'41'28" East 82.58 feet (Point Number 182, Northing, 766283.12, Easting, 546671.01) Thence North 00'23'40" West 5,33992 feet to the POINT OF BEGINNING. Containing 653.51 acres, more or less. Subject to easements and restrictions of record. Bearings are based on the north line of Section 28, Township 46 South, Range 30 East, Collier County Florida, being South 89'37'53" East. 11612005- 146<159 Ver. 01'- GLAND ~., 03785-002_001..0 WilsOnMille,' r New Directions In Planning, Design & Engineering 17["'" DESCRIPTION OF LANDS lYING WITHIN SECTIONS 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 33. TOWNSHIP 46 SOUTH. RANGE 30 EAST, COlLJER COUNTY, FLORIDA (RESTORATION AREA DELINEATION WITHIN STEWARDSHIP SENDING AREA 5) SHEET 6 OF 8 lESS AND EXCEPT THE FOllOWING DESCRIBED LANDS All that part of Section 33, Township 46 South, Range 30 East and Section 4, Township 47 South, Range 30 East, Collier County, Florida, being more particularly described as follows: Commencing at the aforementioned POINT "A" (Point Number 159, Northing, 765303.12, Easting, 546152.32) - Thence North 32'34'30" East 55.48 feet to the POINT OF BEGINNING; Thence leaving said line in straight line segments through the following vertices (Point Number 184 through Point Number 205 inclusive): . Point Number 184, Northing, 765349.88, Easting, 546182.19 Point Number 185, Northing, 765395.02, Easting, 546211.29 Point Number 186, Northing, 765440.97, Easting, 546240.00 Point Number 187, Northing, 765486.09, Easting, 546268.92 Point Number 188, Northing, 765530.39, Easting, 546298.27 Point Number 189, Northing, 765574.70, Easting, 546328.42 Point Number 190, Northing, 765619.00, Easting, 546360.31 Point Number 191, Northing, 765659.21, Easting, 546396.62 Point Number 192, Northing, 765687.12, Easting, 546443.08 Point Number 193, Northing, 765693.66, Easting, 546498.26 Point Number 194, Northing, 765662.49, Easting, 546537.22 Point Number 195, Northing, 765614.91, Easting, 546569.94 Point Number 196, Northing, 765564.86, Easting, 546588.72 Point Number 197, Northing, 765513.98, Easting, 546573.02 Point Number 198, Northing, 765466.40, Easting, 546544.40 Point Number 199, Northing, 765423.73, Easting, 546512.30 Point Number 200, Northing, 765381.89, Easting, 546477.86 Point Number 201, Northing, 765340.03, Easting, 546443.08 Point Number 202, Northing, 765310.50, Easting, 546399.69 Point Number 203, Northing, 765290.00, Easting, 546350.57 Point Number 204, Northing, 765272.76, Easting, 546299.50 Point Number 205, Northing, 765285.06, Easting, 546221.64 Thence North 31'19'47" West 75.88 feet to the POINT OF BEGINNING. Containing 2.23 acres, more or less. Containing a net total of 651.28 Acres more or less. Subject to easements and restrictions of record. Bearings are based on the north line of Section 28, Township 46 South, Range 30 East, Collier County Florida, being South 89'37'53" East. 1/61:2005- 1464se Ver 01'. GLAND .~, 03786-002-001--0 WilsOnMiller r New Directions In Planning, Design & Engineering 17E -'1 DESCRIPTION OF LANDS lYING WITHIN SECTIONS 28. TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST, COLLIER COUNTY, flORiDA (RESTORA liON AREA DEliNEATION WITHIN STEWARDSHIP SENDING AREA 5) SHEET 7 O!= 8 SSA 3 RESTORATION LANDS: THOSE LANDS DESCRIBED IN STEWARDSHIP SENDING AREA 5 OF THE STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "A" (WILSONMILLER DRAWING NUMBER 2H-51). SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE BEARINGS ARE BASED ON THE WEST LINE OF SAID SECTION 33 PER THE COLLIER SURVEY NORTH 00"45'07" WEST. STATEMENT OF DEFINITION, ACCURACY AND COORDINATE BASIS 1. DEFINITION: A. THE EXTERIOR BOUNDS OF S.S.A. 5 ARE BASED ON STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "A"(REFERENCE WILSONMILLER DRAWING NUMBER 2H-51). 2. ACCURACY: A. THESE LINES ARE BASED ON INTERPRETATIONS FROM AERIAL PHOTOGRAPHS HAViNG THE FOLLOWING PARAMETERS: 1. DATE OF PHOTOGRAPHY: 4/23/03 2. NEGATIVE SCALE: 1:36000 3. PIXEL DIAMETER: 2.5' 4. TARGET SCALE: 1"=500' 5. SCAI_E NOT TO EXCEED 1"=500'. 6. THIS IMAGERY HAS NOT BEEN ORTHO CORRECTED IN ORDER TO MEET MINIMUM TECHNICAL STANDARDS OR NATIONAL MAP ACCURACY STANDARDS. 7. VERTICAL ELEVATION CHANGES WILL CAUSE HORIZONTAL DISPLACEMENT. EVERY EFFORT HAS BEEN MADE TO MINIMIZE THIS EFFECT FOR CRITICAL FEATURES. 8. IN AREAS WHERE TALL STRUCTURES OR TREES LEAN TO OBSTRUCT FEATURES, EXPOSURES WERE MOSAICKED IN AN EFFORT TO MINIMIZE THE EFFECT. 9. THIS PRODUCT IS SIMILAR IN ACCURACY TO RECTIFIED ENLARGEMENTS, EXCEPT PROVIDED IN A DIGITAL FORMAT. B. BASED ON THESE PARAMETERS, THE LINES DEPICTED IN THIS DIGITAL FILE HAVE AN ESTIMATED POSITIONAL ACCURACY OF +/- 20 FEET. C. MINOR DIFFERENCES IN POSITION AND ACREAGE BE1WEEN THIS DESCRIPTION AND OTHER FORMATS CAN BE ATIRIBUTED TO COORDINATE PROJECTION AND SOF1WARE ACCURACY PARAMETERS. 3. COORDINATE BASIS: THE LINES DEPICTED HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM 83, GRS80, US SURVEY FEET. 1/612005_ 1 ~64S9 Ver. 01'. GLAND C..I,,,.,3 03786-002-001-_0 WilstinMiller' . New Directions In Planning, Design & Engineering 1 7 E ") DESCRIPTION OF LANDS LYING WITHIN SECTIONS 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 33. TOWNSHIP 46 SOUTH, RAN COLLIER COUNTY, FlOR A (RESTORA TrON A A DEUNEA WI I SH 80 DATE 12-29-04 WILSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A PROFESSIONAL SURVEYOR AND MAPPER. NOT BASED ON FULL SURVEY OF SUBJECT LANDS. CERTIFICATE OF AUTHORIZATION # LB-43 REF.2H-86 116/2005-146459 Ve'-01'.GLAND ~, 03766-002-001..0 17[-"'1 This instrument Prepared by: George 1. Varnadoe, Esq. Cheffy, Passidomo, Wilson & Johnson 821 Fifth Avenue South, Suite 201 Naples, Florida, 34102 Tract: BCI SSA SA STEWARDSHIP SENDING AREA CREDIT AGREEMENT (BCI SSA SA) THIS STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR BCI SSA SA (hereinafter referred to as the "Agreement") is made and entered into this 24th day of May, 2005, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County" whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and BARRON COLLIER INVESTMENTS, LTD., a Florida Limited Partnership ("BCI"), hereinafter referred to as "Owner", whose mailing address is 2600 Golden Gate Parkway, Naples, Florida 34105, for the purpose of eliminating an additional Land Use Layer from lands described herein which are located within Bel SSA 5, designating said lands for restoration, and assigning additional Stewardship Credits to Owner, all pursuant to Section 4.08.06 of the Collier County Land Development Code. WITNESSETH: WHEREAS, BCI and County entered into a Stewardship Sending Area Credit Agreement dated September 7, 2004, and recorded in the official records of Collier County at OR Book 3664, pages 1479 through 1502, inclusive, which Stewardship Sending Area Credit Agreement (herein Agreement) designated one thousand eight hundred fifty-two and three tenths (1852.3) acres of land in Collier County as BCI SSA 5; removed certain Land Use Layers (as identified in the LDC) from said BCI SSA 5; and awarded Stewardship Credits to BCI; and WHEREAS, a Stewardship Easement Agreement was executed by Owner, in favor of County and Department of Agriculture and Consumer Services of the State of Florida, detailing the Land Use Layers removed, the land management measures and the responsible party for such measures, which Easement was recorded in the official records of Collier County at OR Book 3664, pages 1463 through 1478, inclusive; and WHEREAS, Owner has requested that BCI SSA 5 be amended and modified as to six hundred fifty-one and three tenths (651.3) acres contained therein, as said six hundred fifty-one and three tenths (651.3) acres are described in Exhibit "1", to remove.an additional land use layer, designate said land for restoration, and generate additional Stewardship Credits. E-/A;b,f 2 17E "1 WHEREAS, Owner has submitted, and the County has reviewed an Amendment to Stewardship Sending Area Designation Application filed with the County on February 21,2005 to amend BCI SSA 5 as to that land described in Exhibit "I" and identified as BCI SSA SA; and WHEREAS, Collier County has reviewed the Amendment to SSA Designation Application, along with all support documentation and information required by Section 4.08.00. of the 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 modification to the existing BCI SSA 5 by the further designation of BCI SSA SA lands described in Exhibit "I ", and the parties further intend to specify the additional Land Use Layer that is eliminated from, and those land uses that remain on, BCI SSA SA and the designation of said BCI SSA SA lands for conservation; 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: I. Land Affected bv Agreement The land described in Exhibit "I", and depicted on Exhibit "2", consisting of six hundred fifty-one and three tenths (651.3) acres, and referred to as BCI SSA SA, is the land subject to this Agreement. Within BCI SSA SA, one and seven tenths (1.7) acres are within a Flow way Stewardship Area, six hundred forty-nine and six tenths (649.6) acres are within a Habitat Stewardship Area, and six hundred fifty-one and three tenths (651.3) acres are within the Big Cypress Area of Critical State Concern. All six hundred fifty-one and three tenths (651.3) acres are within the Okaloachoochee Slough or a contiguous Habitat Stewardship Area. 2. Land Use Lavers. Land Use Layers I - 6 were previously eliminated by the Stewardship Sending Area Credit Agreement recorded in the official records of Collier County, Florida at OR Book 3664, Page 1479 through 1502, inclusive. The following additional Land Use Layer as described in the Land Use Matrix in Section 4.08.06 B.4 of the Collier County LDC is hereby eliminated from and prohibited within BCI SSA SA; a. Within BCI SSA SA, Land Use Layer 7 is hereby eliminated. 17E '1 b. In addition to the elimination of Land Use Layer 7, BCI SSA SA lands are hereby dedicated for restoration and all natural areas are to be maintained in their existing natural conditions until such time as restoration activities occur. 3. Natural Resource Index Assessment. A Natural Resource Index Assessment Worksheet ("Worksheet") for BCI SSA SA is attached to this Agreement as Exhibit "3". The Worksheet (Exhibit "3") quantifies the number of acres by Index Values, sets forth the potential, identifies the land as being dedicated for restoration, and establishes the number of Stewardship Credits generated. The number of Stewardship Credits hereby generated and assigned to Owner by this Agreement for the Bel SSA SA land is 1504.9 Stewardship Credits, which may be sold, transferred, or otherwise utilized by the Owner in accordance with Section 4.08.00 of the Collier County Land Development Code. 4. Exchange Rate. The Stewardship Credits generated and assigned by this Agreement to SSA SA may be transferred to a Stewardship Receiving Area (SRA) to allow for the development of land at the exchange rate of eight Stewardship Credits for the development of one acre of land in the SRA. 5. Land Management Measures. Within BCI SSA SA land management measures will consist of one or more of the following: mowing, brush clearing, and prescribed burning to maintain the land in its existing condition. 6. References. The references herein to the LDC provisions are those contained in Section 4.08.00 of the Collier County Land Development Code 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 BCI SSA SA lands. 7. Lavers Included. The only Land Use Layer remaining is Conservation, Restoration and Natural Resource uses as contained in the Land Use Matrix contained in Section 4.08.06 B.4.b of the LDC. In addition, the Owner, having designated BCI SSA 5A for restoration, understands and agrees that the land is eligible for and may be restored for wading bird habitat. 8. Restriction on Land Use Amendment. Upon approval of this Agreement for the land described in Exhibit "1" as BCI SSA SA, the Owner, its assigns and successors in interest to BCI SSA SA 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. Upon approval of the Agreement for the lands 17E ~,'J" I ' within BCI SSA SA, 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 agricultural uses. 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 trial court and appellate proceedings. 10. Restoration Analvsis and Report. Attached hereto as Exhibit "4" is the Restoration Analysis and Report for lands within BCI SSA 5A. II. Easement Agreement. Attached hereto as Exhibit "5" is a copy of the Modification to Stewardship Easement Agreement that will be executed by Owner and recorded by the County upon approval of this Agreement. The Modification to 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 BCI SSA SA land described in Exhibit "I" which is the subject of this Agreement. 12. Successors and Assigns. As used in this Agreement the term "Owner" shall include the owner, its successors and assigns of any of the BCI SSA SA lands described in Exhibit "1" 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. WITNESSES: ~cf.I7WWw (Signature) BARRON COLLIER INVESTMENTS, LTD., A FIOri~a Limited a~nersh:/'p / -:? - By: "~-:? ~ Paul 1. Marinelli Administrative Agent Sc)s~0 1-. fl'tAiu f20 (Print full name) ;(}U14~' ;( 7 ~4l~' (Signature) '~JI . D'Yl )- / 1//61\Jt"..Ivf /1'71JL;: l.., / ,/ 17E 11 (Print full name) WIT~ESSES: ~~/'I!,~ (Signature) ~~thJ ~. frtf/1URo (Print full name) &U~/ 'ttpu.4'G' Signature) , lJ I 4i.J E. L. VI 611./ Ere:'/ (Print full name) BY' BARRON COLLIER INVESTME A Florida Limited Partnershi STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Sending Area Credit Agreement was executed before me this /J dt. day of ~ I f)..( ~/ ,2005, by PAUL J. MARINELLI, as Administrative Agent of BARRON COLLIER INVESTMENTS, LTD. (j auctr tI ffi(cltt/, Notary Public Name CAROLYN A. SHAW Certificate No. My Commission expires {i)"i'ih CAROlYN A. SHAW ( ~ i.\ MY COMMISSION. DO 215664 EXPIRES: <_.. 25 2007 .. -""";;:;:;...0.-. 17E 1J STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Sending Area Credit Agreement was executed before me this !qrK day of Vvl CLIY ,2005, by KATHERINE G. SPROUL, as Trustee of the Juliet C. Sproul Testamentary Trust, a General Partner of BARRON COLLIER INVESTMENTS, LTD. ,.......~\ CAROLYN A. SHAW : ,.. MY COMMISSION. DD 215664 . ,- EXPIRES: SeI>- 25. 2007 Bclrd9dThruNollly NIle lkldIrwrIIn , ,dJ . [,'1. ", ATTESTED ,'[0 BY:,' <1 .", DWIGa~E.,~b~K"cb~ . ~:' .j>~' "".'" "J "'~: . '-,.. ...' -, .OC. , ,Attf$,tH \' 1 vty Clerk Slglll~'0A1"'\V.'" '. "(; :; f; :J'. ,l ~\. ..."" ...' ,'j" APPROVED AS TO FORM AND ~CIENCY' ,~ By: PA G. WHITE ASSISTANT COUNTY ATTORNEY () acaliTJ U AiQW~ Notary Pubhc CAROLYN A. SHAW Name Certificate No. My Commission expires BOARD OF COUNTY COMMISSIONERS COillER COUNTY, FLO~ By: '1u-L W. FRED W. COYLE, Chai Item # t1.L CAgenda 6, '2, ~, tE Date Date fi. 'I.W -tj;', Rec'd ---B cr ' Deputy Cieri< F:\wpdocs\LlT\GLV\New Town Development\Ave Maria\Legal Oocs\WORD-SSA 5A mod to Credit Agmt LIST OF EXHIBITS Stewardship Sending Area Credit Agreement Exhibit "1" - Property Description Exhibit "2" - Depiction of Property Exhibit "3" - Natural Resource Index Assessment Worksheet Exhibit "4" - Restoration Analysis and Report Exhibit "5" - Modification to Stewardship Easement Agreement F:\wpdocs\L1T\GLV\New Town Development\Ave Maria\Legal Docs\WORD.SSA SA mod to Credit Agmt.doc 17E ~, WilstinMillef . New Directions In Planning, Design & Engineering 17E 11 DESCRIPTION OF LANDS LYING WITHIN SECTION 28 TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 33, TOWNSHiP 46 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (RESTORATION AREA DELINEATION WITHIN STEWARDSHIP SENDING AREA 5) All that part of Section 28, Township 46 South, Range 30 East and Section 33, Township 46 South, Range 30 East, Collier County, Florida, being more particularly described as follows: Commencing at the northwest corner of Section 28, Township 46 South, Range 30 East, COllier County, Florida (Point Number 1, Northing, 771627.68, Easting, 545892.90) Thence along the north line of said Section 28 South 89"37'53" East 741.36 feet to the POINT OF BEGINNING (Point Number 2, Northing, 771622.91, Easting, 546634.25); Thence continue along the north line of said Section 28 South 89"37'53" East 1,048.56 feet (Point Number 3, Northing, 771616.17, Easting, 547682.79): Thence leaving said line in straight line segments through the fOllowing vertices (Point Number 4 through Point Number 96 inclusive): Point Number4, Northing, 771601.19, Easting, 547732.06 Point Number 5, Northing, 771592.22, Easting, 547753.77 Point Number 6, Northing, 771580.68, Easting, 547781.71 Point Number 7, Northing, 771555.25, Easting, 547829,69 Point Number 8, Northing, 771519.95, Easting, 547868.59 Point Number 9, Northing, 771474.02, Easting, 547900.48 Point Number 10, Northing, 770901.32, Easting, 548073.89 Point Number 11, Northing, 770893.93, Easting, 548697.77 Point Number 12, Northing, 770888.99, Easting, 549134.66 Point Number 13, Northing, 770933.32, Easting, 549128.33 Point Number 14, Northing, 771301.71, Easting, 549083.82 Point Number 15, Northing, 771455.14, Easting, 549128,03 Point Number 16, Northing, 771346.01, Easting, 549172.73 Point Number 17, Northing, 771282.84, Easting, 549236.33 Point Number 18, Northing, 771149.10, Easting, 549363.31 Point Number 19, Northing, 771123.66, Easting, 549424,02 Point Number 20, Northing, 77100305, Easling, 549410.26 POint Number 21, Northing, 770950,54, Easting, 549400.64 Point Number 22, Northing, 770897.24, Easting, 549395,91 Point Number 23, Northing, 770844.70, Easting, 549403.08 Point Number 24, Northing, 770791.37, Easting, 549414.26 Point Number 25, Northing, 770738.86, Easting, 549424.62 Point Number 26, Northing, 770687.17, Easting, 549437.04 Point Number 27, Northing, 770635.48, Easling. 549453,75 Point Number 28, Northing, 770588.71, Easting. 549479,10 :-)/1,/;,1 "1 " 1.";~.'20()~- i4fi..1~', Vcr: UII. GLAND O;;';c,.oo2-0r'1 Offices strategically located /0 serve our clients 800.649.4336 Naples/Corporate Office 3200 Bailey Lane. Suite 200. Naples, Florlda 34105. 239.649.4040 . Fax 239.643.5716 wilsonmiJ/er. com WiISo,r.\j,r..,li.'l"-. _ 'i-<:COCI70 WilsooMiller' r New Directions In Plannmg, Design & Engineering 17E 11 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 33, TOWNSHIP 46 SOUTH. RANGE 30 EAST, COLLIER COUNTY, FLORIDA (RESTORATION AREA DELINEATION WITHIN STEWARDSHIP SENDING AREA 5) SHEET 2 OF 8 Point Number 29, Northing, 770546.87, Easting, 549512.32 Point Number 30, Northing, 770441.02, Easting, 549537.55 Point Number 31, Northing, 770271.18, Easting, 549406.48 Point Number 32, Northing, 770139.25, Easting, 549385.11 Point Number 33, Northing, 770118.47, Easting, 549364.31 Point Number 34, Northing, 770068.52, Easting, 549373.65 Point Number 35, Northing, 770016.82, Easting, 549390.38 Point Number 36, Northing, 769972.52, Easting, 549418.88 Point Number 37, Northing, 769933.96, Easting, 549459.30 Point Number 38, Northing, 769913.43, Easting, 549507.30 Point Number 39, Northing, 769909.34, Easting, 549563.50 Point Number 40, Northing, 769924.11, Easting, 549612.11 Point Number 41, Northing, 769966.78, Easting, 549647.90 Point Number 42, Northing, 770004.51, Easting, 549686.37 Point Number 43, Northing, 770111.19, Easting, 549806.77 Point Number 44, Northing, 770144.81, Easting, 549848.93 Point Number 45, Northing, 770171.07, Easting, 549895.38 Point Number 46, Northing, 770187.48, Easting, 549946.05 Point Number 47, Northing, 770206.37, Easting, 550009.76 Point Number 48, Northing, 769536.86, Easting, 550612.21 Point Number 49, Northing, 769185.67, Easting, 550050.46 Point Number 50, Northing, 769203.10, Easting, 549984.88 POint Number 51, Northing, 769131.52, Easting, 549857.95 Point Number 52, Northing, 769048.51, Easting, 549899.50 Point Number 53, Northing, 769049.47, Easting, 549896.31 Point Number 54, Northing, 769052.16, Easting, 549886.46 Point Number 55, Northing, 768927.65, Easting, 549955.50 Point Number 56, Northing, 768801.76, Easting, 550023.51 Point Number 57, Northing, 768591.94, Easting, 550056.79 Point Number 58, Northing, 768480.52, Easting, 550069.82 Point Number 59, Northing, 768374.88, Easting, 550074.16 Point Number 60, Northing, 768157.82, Easting, 550066.92 Point Number 61, Northing, 768149.50, Easting, 550066.15 Point Number 62, Northing, 768144.47, Easting, 550042.35 Point Number 63, Northing, 768071.44, Easting, 550042.35 Point Number 64, Northing, 767940.97, Easting, 550020.10 Point Number 65, Northing, 767743.26, Easting, 549997.83 Point Number 66, Northing, 767552.90, Easting, 549978.77 Point Number 67, Northing, 767339,57, Easting, 549962.86 Point Number 68, Northing, 767046.65, Easting, 549918.25 Point Number 69, Northing, 766951.49, Easting, 549899.17 Point Number 70, Northing, 76685877, Easting, 549861.02 Point Number 71, Northing, 766847.27, Easting, 549854.45 I:Gi200S_14fj459 v,., 01'_GLNID :.M-') OJlStj.-r)0200t__') 17E -"J' l' WilSlinMiller' . New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 33. rOWNSHIP 46 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA (RESTORATION AREA DELINEATION WITHIN STEWARDSHIP SENDING AREA 5) SHEET.] OF 8 POint Number 72, Northing, 766770.16, Easting, 549810.16 Point I~umber 73, Northing, 766696.30, Easting, 549768.72 Point Number 74, Northing, 766629.86, Easting, 549736.93 Point Number 75, Northing, 766569.95, Easting, 549703.71 Point Number 76, Northing, 766508.42, Easting, 549680.10 Point Number 77, Northing, 766423.90, Easting, 549669.35 Point Number 78, Northing, 766371.40, Easting, 549778.84 Point Number 79, Northing, 766348.77, Easting, 549871.60 Point Number 80, Northing, 766337.46, Easting, 549959.83 Point Number 81, Northing, 766303.53, Easting, 550084.25 Point Number 82, Northing, 766271.85, Easting, 550204.16 Point Number 83, Northing, 766244.71, Easting, 550326.32 Point Number 84, Northing, 766215.30, Easting, 550423.60 Point Number 85, Northing, 766181.36, Easting, 550514.10 Point Number 86, Northing, 766145.16, Easting, 550611.38 Point Number 87, Northing, 766090.87, Easting, 550719.97 Point Number 88, Northing, 766043.36, Easting, 550760.69 Point Number 89, Northing, 765830.70, Easting, 550805.94 Point Number 90, Northing, 765633.88, Easting, 550848.92 Point Number 91, Northing, 765493.61, Easting, 550889.64 Point Number 92, Northing, 765366.92, Easting, 550939.41 Point Number 93, Northing, 765109.02, Easting, 551050.27 Point Number 94, Northing, 765014.00, Easting, 551100.04 Point Number 95, Northing, 764978.53, Easting, 551119.04 Point Number 96, Northing, 764881.06, Easting, 551255.92 (east line of Section 33, Township 46 South, Range 30 East) Thence along the east line of said Section 33 South 01000'24" East 1316,88 feet to the Section 33 east quarter corner (Point Number 97, Northing, 763564.38, Easting, 551279.06); Thence along the north line of the south half of said Section 33 South 89052'24" East, 4456.84 feet (Point Number 98, Northing, 763574.24, Easting, 546822.22) Thence leaving said line in straight line segments lhrough the following vertices (Point Number 99 through Point Number 182 inclusive): Point Number 99, Northing, 763586.66, Easting, 546854.14 Point Number 100, Northing, 763615.37, Easling, 546897.52 Point Number 101, Northing, 763659.71, Easting, 546930.34 Poinl Number 102, Northing, 763709.73, Easting, 546947.36 Point Number 103, Northing, 763762.24, Easting, 546937.34 Point Number 104, Northing, 763815.59, Easting, 546927,36 Point Number 105, Northing, 763869.72, Easting, 546930.04 1'0:2005- 1~r,45~) Ver' 01'. GUlND ~,,".., 03n6-Q02-001- I) 17E-'1 WilsOnMiller' . New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST, COLLIER COUNTY. FLORIDA (RESTORATION AREA DELINEATION WITHIN STEWARDSHIP SENDING AREA 5) SHEET 4 OF 8 Point Number 106, Northing, 763921.42, Easting, 546919.06 Point Number 107, Northing, 763973.11, Easting, 546902.14 Point Number 108, Northing, 764019.43, Easting, 546884.87 Point Number 109, Northing, 764018.66, Easting, 546934.08 Point Number 110, Northing, 764041.09, Easting, 546998.40 Point Number 111, Northing, 764054.55, Easting, 547044.77 Point Number 112, Northing, 764090.45, Easting, 547119.57 Point Number 113, Northing, 764114.38, Easting, 547191.37 Point Number 114, Northing, 764138.32, Easting, 547192.86 Point Number 115, Northing, 764190.67, Easting, 547168.93 Point Number 116, Northing, 764251.99, Easting, 547136.02 Point Number 117, Northing, 764310.33, Easting, 547094.14 Point Number 118, Northing, 764367.18, Easting, 547059.72 Point Number 119, Northing, 764431.50, Easting, 547007.37 Point Number 120, Northing, 764459.92, Easting, 546977.46 Point Number 121, Northing, 764461.41, Easting, 546964.00 Point Number 122, Northing, 764423.92, Easting, 546890.01 Point Number 123, Northing, 764471.97, Easting, 546868.81 Point Number 124, Northing, 764549.92, Easting, 546741.63 Point Number 125, Northing, 764627.03, Easting, 546630.96 Point Number 126, Northing, 764700.06, Easting, 546572.39 Point Number 127, Northing, 764723.86, Easting, 546525.62 Point Number 128, Northing, 764746.84, Easting, 546477.32 Point Number 129, Northing, 764751.12, Easting, 546468.27 Point Number 130, Northing, 764770.93, Easting, 546483.60 Point Number 131, Northing, 764788.17, Easting, 546499.50 Point Number 132, Northing, 764807.37, Easting, 546519.37 Point Number 133, Northing, 764821.93, Easting, 546537.92 Point Number 134, Northing, 764832.54, Easting, 546548.52 Point Number 135, Northing, 764842.49, Easting, 546559.12 Point Number 136, Northing, 764853.74, Easting, 546563.76 Point Number 137, Northing, 764867.66, Easting, 546563.76 Point Number 138, Northing, 764878.25, Easting, 546556.47 Point Number 139, Northing, 764885.54, Easting, 546543.89 Point Number 140, Northing, 764892.16, Easting, 546518.06 Point Number 141, Northing, 764898.79, Easting, 546487.59 Point Number 142, Northing, 764904.09, Easting, 546460.42 Point Number 143, Northing, 764909.39, Easting, 546431.93 Point Number 144, Northing, 764913,65, Easting, 546396.97 Point Number 145, Northing, 764917.57, Easting, 546385.02 Point Number 146, Northing, 764933.01, Easting, 546352.11 Point Number 147, Northing, 764953.16, Easting, 546323.91 Point Number 148, Northing, 764980.68, Easting, 546295.04 1:6/:2005.14(;4')9 Ver-Ol'.GlANO CA'" 03786-002-001--0 WilstinMiller' ~ New Directions In Planmng, Design & Engineering 17E'~ J DESCRIPTION OF LANDS LYING WITHIN SECTIONS 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 33, TOWNSHIP 46 SOUTH. RANGE 30 EAST, COLLIER COUNTY, FLORIDA (RESTORATION AREA DELINEATION WITHIN STEWARDSHIP SENDING AREA 5) SHEET 5 OF 8 Point Number 149, Northing, 765003.52, Easting, 546269.52 Point Number 150, Northing, 765011.13, Easting, 546255.79 Point Number 151, Northing, 765007.73, Easting, 546224.20 Point Number 152, Northing, 764988.88, Easting, 546174.68 Point Number 153, Northing, 764963.43, Easting, 546127.08 Point Number 154, Northing, 765042.20, Easting, 546123.60 Point Number 155, Northing, 765096.36, Easting, 546120.62 Point Number 156, Northing, 765149.70, Easting, 546118.78 Point Number 157, Northing, 765203.02, Easting, 546119.29 Point Number 158, Northing, 765254.72, Easting, 546128.22 Point Number 159, Northing, 765303.12, Easting, 546152.32 hereinafter referred to as POINT "A" Point Number 160, Northing, 765410.60, Easting, 546126.88 Point Number 161, Northing, 765457.38, Easting, 546098.87 Point Number 162, Northing, 765501.68, Easting, 546069.86 Point Number 163, Northing, 765540.23, Easting, 546031.41 Point Number 164, Northing, 765573.06, Easting, 545988.22 Point Number 165, Northing, 765622.28, Easting, 545968.54 Point Number 166, Northing, 765674.80, Easting, 545975.70 Point Number 167, Northing, 765708.44, Easting, 546017.35 Point Number 168, Northing, 765742.89, Easting, 546059.81 Point Number 169, Northing, 765783.10, Easting, 546096.29 Point Number 170, Northing, 765828.22, Easting, 546124.62 Point Number 171, Northing, 765878.28, Easting, 546143.80 Point Number 172, Northing, 765930.81, Easting, 546155.39 Point Number 173, Northing, 765984.95, Easting, 546157.44 Point Number 174, Northing, 766026.79, Easting, 546163.60 Point Number 175, Northing, 766021.06, Easting, 546304.62 Point Number 176, Northing, 766043.20, Easting, 546442.87 Point Number 177, Northing, 766053.88, Easting, 546509.33 Point Number 178, Northing, 766107.19, Easting, 546545.73 Point Number 179, Northing, 766234.65, Easting, 546620.33 Point Number 180, Northing, 766246.69, Easting, 546627.38 Point Number 181, Northing, 766283.57, Easting, 546588.43 (north line of said Section 33) Thence along the north line of said Section 33 South 89"41'28" East 82.58 feet (Point Number 182, Northing, 766283.12, Easting, 546671.01) Thence North 00"23'40" West 5,339,92 feet to the POINT OF BEGINNING. Containing 653.51 acres, more or less. Subject to easements and restrictions of record. Bearings are based on the north line of Section 28, Township 46 South, Range 30 East, Collier County Florida. being South 89037'53" East 1/512005- 146459 Vcr;01'-GLANO c......J 03786-002-001--0 WilstinMiller' ~ New Directions In Planning, Design & Engineering 17E~"'J DESCRIPTION OF tANDS lYING WITHIN SECTIONS 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA (RESTORA liON AREA DELINEATION WITHIN STEWARDSHIP SENDING AREA 5) SHEET 6 OF 8 LESS AND EXCEPT THE FOLLOWING DESCRIBED LANDS All that part of Section 33, Township 46 South, Range 30 East and Section 4, Township 47 South, Range 30 East, Collier County, Florida, being more particularly described as fOllows; Commencing at the aforementioned POINT "A" (Point Number 159, Northing, 765303.12, Easting, 546152.32) Thence North 32'34'30" East 55.48 feet to the POINT OF BEGINNING: Thence leaving said line in strai9ht line segments through the fOllowing vertices (Point Number 184 through Point Number 205 inclusive): Point Number 184, Northing, 765349.88, Easting, 546182.19 Point Number 185, Northing, 765395.02, Easting, 546211.29 Point Number 186, Northing, 765440.97, Easting, 546240.00 Point Number 187, Northing, 765486.09, Easting, 546268.92 Point Number 188, Northing, 765530.39, Easting, 546298.27 Point Number 189, Northin9, 765574.70, Easting, 546328.42 Point Number 190, Northing, 765619.00, Easting, 546360.31 Point Number 191, Northing, 765659.21, Easting, 546396.62 Point Number 192, Northin9, 765687.12, Easting, 546443.08 Point Number 193, Northing, 765693.66, fasting, 546498.26 Point Number 194, Northing, 765662.49, Easting, 546537.22 Point Number 195, Northing, 765614.91, Easting, 546569.94 Point Number 196, Northing, 765564.86, Easting, 546588.72 Point Number 197, Northing, 765513.98, Easting, 546573.02 Point Number 198, Northing, 765466.40, Easting, 546544.40 Point Number 199, Northing, 765423.73, Easting, 546512.30 Point Number 200, Northing, 765381.89, Easting, 546477.86 Point Number 201, Northing, 765340.03, Easting, 546443.08 Point Number 202, Northing, 765310.50, Easting, 546399.69 Point Number 203, Northing, 765290.00, Easting, 546350.57 Point Number 204, Northing, 765272.76, Easting, 546299.50 Point Number 205, Northing, 765285.06, Easting, 546221.64 Thence North 31'19'47" West 75.88 feet to the POINT OF BEGINNING. Containing 2.23 acres, more or less. Containing a net total of 651.28 Acres more or less. Subject to easements and restrictions of record. Bearings are based on the north line of Section 28, Township 46 South, Range 30 East, Collier County Flonda, being South 89'37'53" East. 116/2005- 140459 V"r.Ol'-GLAND ,-, 0378&-002.001..0 WilsllnMiller' .. New Directions In Planning, Design & Engineenng 17[-'1 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST, COLUER COUNTY. FLORIDA (RESTORATION AREA DEUNEA TlON WITHIN STEWARDSHIP SENOING AREA 5) SHEET 7 OF 8 SSA 3 RESTORATION LANDS: THOSE LANDS DESCRIBED IN STEWARDSHIP SENDING AREA 5 OF THE STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "A" (WILSON MILLER DRAWING NUMBER 2H-51). SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE BEARINGS ARE BASED ON THE WEST LINE OF SAID SECTION 33 PER THE COLLIER SURVEY NORTH 00"45'07" WEST. STATEMENT OF DEFINITION, ACCURACY AND COORDINATE BASIS 1. DEFINITION: A. THE EXTERIOR BOUNDS OF S.SA 5 ARE BASED ON STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "A"(REFERENCE WILSONMILLER DRAWING NUMBER 2H-51). 2. ACCURACY: A. THESE LINES ARE BASED ON INTERPRETATIONS FROM AERIAL PHOTOGRAPHS HAVING THE FOLLOWING PARAMETERS: 1. DATE OF PHOTOGRAPHY: 4/23/03 2. NEGATIVE SCALE: 1:36000 3. PIXEL DIAMETER: 2.5' 4. TARGET SCALE: 1"=500' 5. SCALE NOT TO EXCEED 1"=500'. 6. THIS IMAGERY HAS NOT BEEN ORTHO CORRECTED IN ORDER TO MEET MINIMUM TECHNICAL STANDARDS OR NATIONAL MAP ACCURACY STANDARDS. 7. VERTICAL ELEVATION CHANGES WILL CAUSE HORIZONTAL DISPLACEMENT. EVERY EFFORT HAS BEEN MADE TO MINIMIZE THIS EFFECT FOR CRITICAL FEATURES. 8. IN AREAS WHERE TALL STRUCTURES OR TREES LEAN TO OBSTRUCT FEATURES, EXPOSURES WERE MOSAICKED IN AN EFFORT TO MINIMIZE THE EFFECT. 9. THIS PRODUCT IS SIMILAR IN ACCURACY TO RECTIFIED ENLARGEMENTS, EXCEPT PROVIDED IN A DIGITAL FORMAT. B. BASED ON THESE PARAMETERS, THE LINES DEPICTED IN THIS DIGITAL FILE HAVE AN ESTIMATED POSITIONAL ACCURACY OF +/- 20 FEET. C. MINOR DIFFERENCES IN POSITION AND ACREAGE BE1WEEN THIS DESCRIPTION AND OTHER FORMATS CAN BE ATTRIBUTED TO COORDINATE PROJECTION AND SOF1WARE ACCURACY PARAMETERS. 3. COORDINATE BASIS: THE LINES DEPICTED HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM 83, GRS80, US SURVEY FEET. 1/6I2OO5-146.tS9 Ver:Ol!-GLANO ~, 0378&-002-001__0 WilsbnMille,. ~ New Directions In Planning, Design & Engineering 17e DESCRIPTION OF LANDS lYING WITHIN SECTIONS 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 33, TOWNSHIP 46 SOUTH. RAN COLLIER COUNTY, FLOR A (RESTORATION A DELIN WI SH DATE 12-29-04 WILSONMILlER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A PROFESSIONAL SURVEYOR AND MAPPER. NOT BASED ON FULL SURVEY OF SUBJECT LANDS. CERTIFICATE OF AUTHORIZATION # LB-43 REF. 2H-86 1I612QOS.-14e.459 Ver:Ol!-GLANO ~, 03765-002-001--0 ..... ~., f 17E .~ ~' P.D.C. :.. 2928 b If') " w -' <t u V1 ~ I 2928 3233 28 27 33 34 POINT "A" 96 98 97 GENERAL NOTES: I) REFER TO LEGAL DESCRIPTION FOR COORDINATES TO POINTS SHOWN HeREON. 2) POINTS SHOWN ARE SCOUfNTIAL. INTERMEDIATE POINTS ARE OMITTED FOR CLARITY AND ARE LISTED IN THE LEGAt DESCRIPTION. J) BEARINGS ARE BASED UPON THE NORTH LlNf or SECTION 28. TOWNSHIP 46 SOUTH, RANGE 30 fAST. COLLIER COUNTY FLORIDA. BEING SOUTH 89'J7'5J- fAST. 4) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A flORIDA L1CfNSfD SURVCfOR AND MAPPER. S) CERTIFICATE OF AUTHORIZATION /L8-43 6) SUBJECT TO EASEMENTS, RESTRICTIONS AND RESfRVA TlONS OF RECORD. 7) THIS SKeTCH MAY HAVE' SUN RfDUCfO. 8) SEE ATTACHED FOR LEGAL DESCRIPTION L.S.MS627 12/29/04 DATE NOT VALID SIGNED BY THE SURVEYOR AND SEALED '-'IT E SURVEYOR'S tMBDSSED SEAL. CERFJrICATE OF AUTHORIZATION" LB-43 ,. - AN ,\ R\ , " , ... NOT A SURVEY - WII.Mlller _.......~.""-.~_.~- -." ",...-......-.-.......__aw_ -.........--. --...,.,..---."".......---- ~~ l!tS[.UtCK: "(l.Oll\lfl II[lfCM(r -" ct€CKtOIY: r1tLOllODK/PACl[, llfIlIUfE".1IIl Ollt TITL[: SKETCH OF DESCRlP1lON 2/2004 CLIENT: GPlll/lB:S7 1!/O~ PAlIT or SECTIONS ta .. 33, lDVNSHIP 46 SOUlH. RANCiC3DCASl. Co..\..ICR COUNTY. rLORIDA ..750' AVE MARIA 03786-002-001 2li88 '-." ',=,< 17E "1' 1/;' ~,r- '" ',7~~ > ...J III Q <I: ...J " a: w > w SSA 5 Amendment Area Location Map FlIt<. u 1 ecH\ a IT. Z. o Legend DOp CZJSOOflIlUloraIlclnZon, is w.t:lllllenlloo"-{WRA) . BlgCypr''''*Ilon,'ForNI . F"'-'fStrMl'llltp......1FSN C ArM aI CrtllcaI 51111 CcnCllm . Hlbllal 5~IpAr..(H5A) IZJ SSABDUIlCIIory 55A5AmWl<tnIlflIAr.. WI"'"l11t No"~In~DorrVn"E"'" >>011-.,.,_.__ -..-....,.. -.l2JIl...._...(lIM).....". _._,.... o 0..5 I , - ".... T;~""I~~a.t!j"'........,._ 17E '" Exhibit 3: Natural Resource Index Assessment Tables for BCI SSA 5A Table 1: Stewardship Credits Generated by Removal of the Agriculture - Group 2 (Ag 2) Layer Original NRI Value Ag 2 FSA Acres Ag 2 HSA Acres Total Acres Credits (NRI x Acres x 0,1) 0.8 0.0 12.4 12.4 1.0 0.9 0.0 3.8 3.8 0.3 1.0 0.0 144.9 145.0 14.5 1.1 0.4 381.7 382.1 42.0 1.2 0.2 5.7 5.8 0.7 1.3 0.1 93.2 93.3 12.1 1.4 0.6 4.6 5.2 0.7 1.5 0.0 0.2 0.2 0.0 1.6 0.3 0.7 1.0 0.2 1.7 0.0 0.7 0.7 0.1 1.8 0.0 0.6 0.6 0.1 1.9 02 1.1 1.3 0.2 1.7 649.6 651.3 72.1 Table 2: Wading Bird Restoration Potential Index (RPI) Value Applied Restoration Ag 2 FSA Acres Ag 2 HSA Acres Total HSA Credits Potential Index Acres Index x Acres x 1,0) 0.4 1.7 649.6 651.3 260.5 Table 3: Restoration Stewardship Credits Applied (per LDC 4.08.06.B,f,2) Okaloacoochee Slough Credits for Dedication of FSA & HSA Acres Land (R-1 Restoration) Land Designated for Restoration 586.17 1,172,3 Activities Table 4: Total Credits Table 1: Ag 2 to Table 2: Restoration Table 3: Restoration TOTAL STEWARDSHIP Conservation Potential Index Stewardship Credits CREDITS 72.1 260.5 1,172.3 1,504.9 17E '.., SSA 5A RESTORATION ANALYSIS AND REPORT The sections below describe the existing ecological conditions within SSA 5A lands, how these existing conditions differ from historic natural conditions, and the potential of the site for wetland restoration and enhanced wildlife habitat. All of the lands within SSA 5A (651.3 acres) are dedicated for restoration as "Restoration 1" ("R 1") lands per Section 4.08.06 C.5.j of the Collier County Land Development Code. Existing Ecological/Habitat Value SSA 5A is located within a portion of the Okaloacoochee Slough FSA and almost entirely within its associated HSA. SSA 5A occurs just west of the main flow way, and while a small portion is actually in the FSA, the site designated for restoration does not currently possess a major surface connection to the slough. Almost all of the 651.3-acre site consists of improved pasture or former cropland, with scattered freshwater marshes, and is currently being grazed by cattle. The soil map units onsite are designated as primarily hydric by the Natural Resources Conservation service (USDA-NRCS). The northernmost part of the restoration site, north of an FPL right-of-way, is primarily bahia grass (Paspalum notatum) pasture. The area is wet for a portion of the year, with isolated freshwater marsh areas of spikerush (Eleocharis cellulosa), pickerel weed (Pontedaria cordata), and fireflag (Thalia geniculata). Wax myrtle (Myrica cerifera) forms dense pockets within this area, and its continued succession could reduce the ecological value for wading birds and caracara. The FPL easement possesses a roadlberm that varies in elevation from 1-2 feet above the natural grade. Only one small (24") culvert was observed in the berm, and it was corroded and functionally questionable. A few minor swales occur in the berm, but none descend to the natural grade level. The swales may allow some passage of Sheetflow, but only during occasional high-water stages. South of the FPL right-of-way to the southern edge of that section (Section 28) is an area that is also primarily pasture. However, it is drier than the area on the north side of the FPL right-of-way and dominated by extremely thick torpedo grass (Panicum repens, an exotic invasive species). Many small ditches run across the pasture, and cattle are EX'~Ie.'T "4' 17E 'f present. Wax myrtles are overtaking an extensive area, and reducing the ecological value of the area for wading birds and caracara. Laurel oaks (Quercus laurifolia) occur in scattered patches, and Brazilian pepper dominates canal berms and spoil piles. On the eastern edge of this area is a freshwater marsh area where a flock of approximately 20 glossy ibis (Plegadis fa/cinellus) were observed. The southern portion of the 651.3-acre area maintains a wetter hydrology, and is grazed by cattle but not dominated by torpedo grass. There is more plant diversity, with a predominant ground cover of low-growing, heavily grazed grasses. Pickerelweed (Pontedaria cordata) is interspersed with joint paspalum (Paspalum distichum) in much of this area, indicative of the wetter hydrology. There are scattered clumps of cabbage palms (Sabal palmetto) scattered throughout, and a caracara (Caracara cheriway audubonil) was observed foraging on the ground. It could not be confirmed whether the bird was an adult or juvenile, but its presence indicates that the area may be suitable for caracara occupation. There are also a few isolated freshwater marshes in this area. One marsh in particular has a major north-south oriented canal running through it that held open water in a small naturally vegetated pond. Wood storks (Mycteria americana), several species of herons and egrets, and white ibises (Eudocimus albus) have been observed in the pond. A network of canals, ditches and berms within and adjacent to SSA 5A has altered the natural hydrology, intercepting and draining sheetflow that historically flowed gradually across the site, and separating SSA 5A from the Okaloacoochee Slough flowway. The diverted water from this canal network drains either directly to the Okaloacoochee Slough flowway adjacent to SSA 5A, or flows due south through SSA 3A and under CR 846 via a large box culvert, eventually discharging into the Okaloacoochee Slough further downstream. The road that forms much of the eastern boundary for SSA 5A possesses an elevation 2-3 feet above the existing grade, with only a few undersized culverts to allow direct surface flow to and from the slough. The first soil survey of Collier County, based upon fieldwork performed in the late 1930s and early 1940s, mapped the SSA 5A area predominantly as Arzell fine sand and Charlotte fine sand with wet prairie vegetation (USDA-SCS, 1954). True freshwater marsh communities within SSA 5A were mapped separately as smali depressional areas. The natural vegetation communities were used in conjunction with soil morphology to help define the soil map units, and the vegetation therefore carefully 17E " f . described along with the actual soil types. This mapping provides a characterization of the ecological conditions prior to human alteration. Descriptions of the native wet prairie communities on the Arzell and Charlotte soil types include plant species that are typically associated with wetlands that possess extended hydroperiods and prolonged inundation. The list of plants correlating with these soil types (USDA-SCS, 1954; p.67) include (in alphabetical order by genus name) coinwort (Centelfa asiatica), button bush (Cephalanthus occidentalis), yellowtop (Flaveria Iinearis), water hyssop (Bacopa caroliniana), St. John's wort (Hypericum fasciculatum), bog button or hairy pipewort (Lachnacaulon anceps), wax myrtle (Myrica cerifera), cowbane or water carrot (Oxypolis filiformis), pickerelweed (Pontedaria cordata), duck potato or arrowhead (Sagiftaria lancifolia), queen's delight or queens root (Stillingia sylvatica), and yellow-eyed grass (Xyris elfioftl). All but two of these species are designated as wetland obligate or facultative wet plants by the state of Florida. The other two species, wax myrtle and queen's delight, are designated as facultative. Since the 1954 soil survey was published, the installation of the drainage canals and establishment of pasture grasses shifted the hydrology and native ecology, reducing the site's utility for wading birds. The presence of pasture species such as bahia grass and smutgrass (upland indicators), along with joint paspalum, reflects these hydrologic and ecological changes. The SSA 5A pasture areas as they exist today appears to have low value for wading bird utilization. The applicant's consultant has traversed the site on several occasions during wet season and dry season conditions, and in every case where wading birds were observed, they were foraging in canals, ditches, and/or clearly defined marshes within depressional areas. Wood storks were observed only in the canals and ditches, selectively foraging where drainage conditions pooled water and restricted outflow at a given water level. These observations are consistent with several years of observations from similar pasture areas at the Ave Maria site south of Immokalee. The proposed amendment does not seek credit for panther habitat restoration, but panther utilization in and around SSA 5 is heavy. The removal of land use rights down to the Conservation layer, however, does provide panthers and other listed species an area free from intensive human activities in perpetuity. The predominance' of herbaceous wetlands and hydric soils in the area emphasize that wading bird habitat restoration is the appropriate future goal. 17E"~:'J I While the 651.3 acres currently provide some ecological value to wading birds, caracara, and other listed species, the landscape is dominated by pasture, and cattle are actively grazing most of the area. In particular, exotic invasives are affecting the ground cover, and the functional habitat support for wading birds is far less than what could be achieved under a well-designed restoration plan that addresses hydrologic and vegetative improvements. Restoration Potential The Collier County LOC, Section 4.08.06 B.3.e, states that Stewardship Credits can be recalculated by adding the Restoration Potential Index value to the NRI score for each acre of land so identified. Restoration Potential Indices are defined in the LOC as "one of the indices comprising the natural resource index value of land..." This index is based on the suitability of a site for restoration of large mammal corridors, connector wetlands and f1owways, wading bird habitat, andlor other listed species habitat. Within the 651.3 acres, farm roads, canals, ditches, and berms impede the natural flow of water across the landscape. The physical separation of SSA 5A from the slough by a roadlberm, the remnants of past crop fields, and the large canals that drain to the slough are all indicative of hydrologic alteration. As noted in the previous section, the pre- settlement extents of freshwater marshes, wet prairies, forested wetlands and other native communities were altered decades ago when the area was converted for cropping and cattle ranching. Past alterations to surface hydrology and vegetative communities, and the existing conditions onsite, indicate a high potential for ecological restoration. The applicant is designating the 651.3-acre area for restoration, but is not undertaking restoration activities at this time ("Restoration 1" or "R 1"). In addition to restoring the functionality of onsite wetlands through future re-establishment of natural hydrology, the LOC also recognizes the value of enhancing SSA lands for wildlife habitat and removing exotic species (LOC Section 4.08.06 C.5.j.4). The following examples provide a partial list of the types of restoration' activities that could be implemented in the future, and underscores the restoration potential of the SSA 5A site (i.e., applicability of the Restoration Potential Index). These types restoration 17E 'ii' ~ activities have already been implemented with great success at Panther Island Mitigation Bank (PIMB), where pasture areas were restored and enhanced to provide high-quality wetland habitats, and which now experience high utilization by listed wading bird species throughout the year. For example, selectively filling in canals, fitting the FPL easement berm and farm-road perimeter berm with sufficient culverts, and removing internal berms could restore a more natural hydrologic regime to the site as a whole, restoring sheetflow in the wet season and preventing over-drainage of wetlands in the dry season. Depressions could also be constructed throughout the area at varying elevations to create a landscape where wading bird foraging is viable over a range of rainfall conditions. This is one design aspect that has been particularly successful at PIMB. Wood storks, for example, require a narrow range of water depths in which they can successfully forage, and food availability during the nesting season is critical to breeding success. Ponds and ditches could be engineered so that, under a variety of hydrologic conditions, fish and other prey species would be concentrated so food is available for birds throughout the nesting season. The proximity of a wood stork nesting area in the Okaloacoochee Slough, less than one mile from the site, would allow SSA 5A to provide reliable foraging area close to their nests. Vegetative restoration activities could include planting of native wetland species in restored and/or created marshes, ponds, and wet prairies; exotic eradication (e.g., torpedograss); control of the wax myrtle succession that appears ready to overtake the herbaceous wetland systems; the eventual replacement of pasture species with native herbaceous groundcover; and supplemental planting of specific native wetland species as determined by the overall restoration plan and monitoring. Literature Cited USDA-NRCS, 1998. Soil survey of Collier County area, Florida. United States Department of Agriculture, Natural Resources Conservation Service, Washington, DC. USDA-SCS, 1954. Soil survey detailed-reconnaissance, Collier County, Florida. United States Department of Agriculture, Soil Conservation Service, Washington, DC. 17E " :, This instrument Prepared by: George L. Varnadoe, Esq. Cheffy, Passidomo, Wilson & Johnson 821 Fifth Avenue South. Suite 201 Naples, Florida, 34102 Tract: BCI SSA SA MODIFICATION TO STEWARDSHIP EASEMENT AGREEMENT FOR BCI SSA 5 THIS MODIFICATION TO STEWARDSHIP EASEMENT AGREEMENT is granted this 24th day of May, 2005, by Barron Collier Investments, Ltd., a Florida Limited Partnership ("BCI"), whose address is 2600 Golden Gate Parkway, Naples, Florida 34105, hereinafter called "Grantor," to Collier County, a political subdivision of the State of Florida, and Florida Department of Agriculture and Consumer Affairs, hereinafter collectively called the "Grantees". RECITALS A. Grantor is the owner of approximately one thousand eight hundred fifty-two and three tenths (1852.3) acres located in Collier County, Florida, more specifically described in Exhibit "1 ", which has been previously designated by Collier County as Stewardship Sending Area 5 ("BCI SSA 5"). B. Grantor and Grantees previously entered into a perpetual Stewardship Easement Agreement dated September 7, 2004, for BCI SSA 5, which was recorded in the official Records of Collier County at OR Book 3664, pages 1468-1478, inclusive. C. The Stewardship Easement Agreement for BCI SSA 5 removed Land Use Layers 1-6, inclusive, from the lands described in Exhibit "I ", all such uses and Land Use Layers being identified in Section 4.08.06 B.4. of the LDC. D. Grantor and Grantee also previously entered into a Stewardship Sending Area Credit Agreement dated September 7, 2004, with regard to BCI SSA 5, whereby the County granted 2938.3 Stewardship Credits to Grantor as a result of the designation of the land described in Exhibit "I" as BCI SSA 5; said Stewardship Sending Area Credit Agreement being recorded in the Official Records of Collier County at OR Book 3664, pages 1479 - 1502, inclusive. E. Grantor petitioned Collier County to modify BCI SSA 5 as to six hundred fifty-one and three tenths (651.3) acres of the one thousand eight hundred fifty-two and three tenths (1852.3) acres constituting BCI SSA 5, said six hundred fifty-one and three tenths (651.3) acres more pa11icularly described in Exhibit "1" hereto and herein referred to as BCI SSA ,.', ..-- .~ '..... "" ...;.- \. ",' 17E ".:~ . :t' ....... SA, or Property, to enter into a new Stewardship Credit Agreement as to BCr SSA SA, and to modify the existing Stewardship Easement Agreement as to BCr SSA 5. I. Grantor and Collier County entered into a new Stewardship Sending Area Credit Agreement for SSA SA (SSA SA Agreement) dated May 24, 2005, which modified the existing SSA 5 by the further designation of the land described in Exhibit "I" as BCI SSA SA; removing another Land Use Layer from BCI SSA SA, and designating Bcr SSA SA for restoration. F. The SSA SA 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 BCI SSA SA and the party responsible for such measures. G. In exchange for the designation of the SSA SA Agreement, the County has granted and assigned to Grantor 1504.9 Stewardship Credits, which will allow Grantor to entitle 188.11 acres for development within the Rural Lands Stewardship Area Overlay District. H. The purposes of this Modification to Stewardship Easement are (1) to designate the allowed uses of the Property consistent with the terms of the SSA SA Agreement; (2) to identify specific land management measures and the party responsible for land management; (3) to dedicate the BCr SSA SA land for restoration; and (4) to provide for the enforcement of the Modification to Stewardship Easement for the BCI SSA SA lands. NOW, THEREFORE, in consideration of the further designation of the Property as BCr SSA SA, 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 "I", 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: 2. The recitals and exhibits are incorporated by reference as if repeated verbatim herein. a. BCI SSA SA is legally described in Exhibit "I" and is depicted on Exhibit "2". The following permitted and conditional land uses have been previously eliminated from BCI SSA 5 and BCI SSA SA lands: I) Residential Land Uses, also described as Land Use Layer I. 2) General Conditional Uses, also described as Land Use layer 2. 3) Earth Mining and Processing Uses, also described as Land Use Layer 3. 4) Recreational Uses, also described as Land Use Layer 4. 5) Agriculture - Group I, also described as Land Use layer 5. 2 17E .... 1 ~ . 6) Agriculture - Support Uses, also described as Land Use Layer 6. b. The following previously permitted land use is hereby eliminated from BCI SSA SA land by the terms of this Easement Agreement: Agriculture - Group 2, also described as Land Use Layer 7. c. All Land Use layers are defined in Section 4.08.06 B.4. of the LDC. 3. Grantor reserves all rights as owner of the Property, including the right to engage in activities on and uses of the Property that are not inconsistent with the Agreement or the intent and purposes of this Modification to Stewardship Easement. Grantor may use BCI SSA SA land only for the following land uses: a. Conservation, Restoration, and Natural Resources Uses are allowed on all of the Property, including the specifics thereof set forth in Section 4.08.06 B.4.b. of the LDC. b. Grantor retains the right to engage in traditional activities on the land such as hiking, hunting, nature observation trips, and other such occasional non- destructive activities. c. Owner hereby consents and agrees that restoration actIVItIes to enhance the Property for utilization by wading birds may occur on the BCI SSA SA land. d. Owner retains the right to maintain existing farm and ranch roads across BCI SSA SA to access its other lands within BCI SSA S for the purposes retained on such lands. 4. The Grantees shall have the right to enjoin any activity on or use of the Property that is inconsistent with this Modification to 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. 5. The following land management measures shall be undertaken as to BCI SSA SA and the Owner of the fee title to the Property shall be the party responsible for such measures: BCI SSA SA land shall be maintained in its existing state, including natural areas, through a combination of one or more of the following: mowing, brush clearing, and prescribed burning to occur at least once every 2 years. These activities shall maintain the land in its existing condition until such time as restoration activities commence, when this obligation shall terminate. 3 17E '. " All agricultural operations shall cease within 90 days of this Agreement becoming effective. 6. Grantees shall not be responsible for any costs or liabilities related to the operation of or land management measures for the Property. 7. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. 8. References to the LDC are to those provisions of Section 4.08.00. of the Collier County Land Development Code in existence as of the date of this Modification to 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. 9. Enforcement of the terms and provisions of the Modification to Stewardship Easement shall be at the reasonable discretion of Grantees, or either Grantee individually, and any forbearance on behalf of Grantees, or either of them, to exercise its 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 other wise, the terms and restrictions of this Modification to Stewardship Easement shall be borne by and recoverable against the non-prevailing party in such proceedings. 10. Grantees will hold this Modification to 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 Modification to Stewardship Easement except to another organization qualified to hold such interests under the applicable state laws. II. If any provision of this Modification to Stewardship Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Modification to Stewardship Easement shall not be affected thereby, so long as the purpose of the Modification to Stewardship Easement is preserved. 12. 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. 13. This Modification to 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. 14. The Stewardship Easement Agreement dated September 7, 2004, and recorded in the Official Records of Collier County at OR Book 3664, pages 1468 through 1478, 4 17E ., ,i1 I "(1 .~ inclusive, shall remain in full force and effect, except as specifically modified and amended herein with regard to the land described in Exhibit "I ". TO HAVE AND TO HOLD unto Grantees, their successors and assigns forever. These covenants, terms, conditions, restrictions and purposes imposed with this Modification to 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 Grantor has good right and lawful authority to convey this Modification to Stewardship Easement; and that Grantor hereby fully warrants title to the Modification to Stewardship Easement hereby conveyed and will defend same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day of 71l0" , 2005. 11-;e BARRON COLLIER INVESTMENTS, LTD., A Florida Limited Partnership W2ESSES: jJ ~(h fJL~ (Signature) By: Svs A tJ L fI;I rrfu /21J (Print full name) 11. - Y' 7L /J}ll1Lf,/?7'i " L.'L}f1UA'L Signature) D / 19.v.E !. . VI {,Il; E/c:; (Print full name) Paul J. Marinelli Administrative Agent 5 17E ":1 j Sv s ihJ j... , fJ1/1 1iJ /?!J (Print full name) Q.' -.....p'7/ , A ;;IL1..j(pV< J~L4'----' Signature) atherine G. Sproul, ru Juliet C. Sproul Testam a General Partner WIl:: eX I~ (Signature) BARRON COLLIER INVESTMENTS A Florida Limited Partnership By: j)//9U€ L 06V6CI (Print full name) ST ATE OF FLORIDA COUNTY OF COLLIER The foregoing Modification to Stewardship Easement Agreement was executed before me this ili (1, day of) "vi ie., - ] , 2005, by PAUL J. MARINELLI, as Administrative Agent of BARRON COLLIER INVESTMENTS, LTD. If/I / A! ~tCJ..i'-"-'yJ i.A /) fl(j/~ Notary Public U A SHAW Name CAROLYN ' Certificate No. My Commission expires ............... CAROLYN A. SHAW t.~i~:' MY COMMISSION' DD 215664 ~ t#" EXPIRES: Sept._ 25, 2007 .... ..... BclndedTlruNolllyP\j)lcLklderwrll&ll .sr.., 6 17E " " J :., , STATE OF FLORIDA COUNTY OF COLLIER The foregoing Modification to Stewardship Easement Agreement was executed before me this cr. ) ~_dayof -~jl >< ,2005, by KATHERINE G. SPROUL, as Trustee of the Juliet C. Sproul Testamentary Trust, a General Partner of BARRON COLLIER INVESTMENTS, LTD. / t'i , I ( r /<, ,/ (( /-i-} ['" - ~ (...<.. t'......Ci, 1"__ /'./ /{ ~~l Notary Public ; CAROLYN A. SHAW Name Certificate No. My Commission expires ll\'?t-, CAROlYN A. SHAW i-/"Ji."";'i MY COMMISSION. DO 215664 'lil'~W EXPIRES: September 25 2007 "'~iif.,f,.W ....."n..u""",,_"";"""'" 7 IrE ~J 'j I GRANTEES' ACCEPTANCE OF MODIFICATION TO STEWARDSHIP EASEMENT Grantees, Collier County, Florida and the Florida Department of Agriculture and Consumer Affairs, by and through their undersigned representatives, hereby acknowledge and accept the Grantees' duties and responsibilities as specified in this Modification to Stewardship Easement Agreement. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER AFFAIRS WITNESSES: By: Its: (Signature) (Print full name) (Signature) (Print full name) STATE OF FLORIDA COUNTY OF LEON The foregoing Modification to Stewardship Easement Agreement was executed before me this _ day of ,2005, by , as of the Florida Department of Agriculture and Consumer Affairs. Notary Public Name Certificate No. My Commission expires 8 17E ~~:,i ! ~ Attest: DWIGJ;IT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA '" ..'\\"_~ ~I . f ""1,,;,, )'.' . .......'.c , . .....'?\ o\..,. By: . ': .- --j ;' ".,' I '.'.-;..'J .' Duty Clerk .~:ustlS.;'tO .f......., S !1a~~~t:,~.}j. . ~ ~~d sufficiency: ~'" ':l't:;ff~G~' .\. KIlltzko~, Assistant County Attorney \,I"V.IC;<' ~.w,~ll! ~l1* FRE W. L~Cli . .. F:\wpdocs\LIT\GLV\New Town Development\Ave Maria\Legal Docs\WORD-SSA SA Mod to Stewardship Easement Agmt.doc ltem# ~ Agend'S-Z <+ rt'" Date -v:> Dale IS'llrcb Rec'd 9 A.cr. Deputy Clerk Exhibit "1" Exhibit "2" 17E EXHIBITS MODIFICATION TO STEWARDSHIP EASEMENT AGREEMENT Property description Property depiction F:\wpdocs\L1T\GLV\New Town Development\Ave Mana\Legal Docs\WORD.SSA SA Easement Agreement revised KYL051205.doc 10 "''41 f' , ; , ' WilstJnMiller@ . New Directions In Planning, Design & Engineering 17E ... .. I 1 DESCRIPTION OF LANDS LYING WITHIN SECTION 28 TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (RESTORATION AREA DELINEATION WITHIN STEWARDSHIP SENDING AREA 5) All that part of Section 28, Township 46 Soulh, Range 30 East and Section 33, Township 46 South, Range 30 East, COllier County, Florida, being more particularly described as follows; Commencing at the northwest corner of Section 28, Township 46 South, Range 30 East, Collier County, Florida (Point Number 1, Northing, 771627.68, Easting, 545892.90) Thence along the north line of said Section 28 South 89037'53" East 741.36 feet to the POINT OF BEGINNING (Point Number 2, Northing, 771622.91, Easting, 546634.25): Thence continue along the north line of said Section 28 South 89037'53" East 1,048.56 feet (Point Number 3, Northing, 771616.17, Easting, 547682.79); Thence leaving said line in straight line segments through the following vertices (Point Number 4 through Point Number 96 inclusive): Point Number 4, Northing, 771601.19, Easting, 547732.06 Point Number 5, Northing, 771592.22, Easting, 547753.77 Point Number 6, Northing, 771580.68, Easling, 547781.71 Point Number 7, Northing, 771555.25, Easting, 547829.69 Point Number 8, Northing, 771519.95, Easting, 547868.59 Point Number 9, Northing, 771474.02, Easting, 547900.48 Point Number 10, Northing, 770901.32, Easting, 548073.89 Point Number 11, Northing, 770893.93, Easling, 548697.77 Point Number 12, Northing, 770888.99, Easting, 549134.66 Point Number 13, Northing, 770933.32, Easting, 549128.33 Point Number 14, Northing, 771301.71, Easting, 549083,82 Point Number 15, Northing, 771455.14, Easting, 549128.03 Point Number 16, Northing, 771346.01, Easting, 549172.73 Poinl Number 17, Northing, 771282.84, Easting, 549236.33 Point Number 18, Northing, 771149.10, Easting, 549363.31 Point Number 19, Northing, 771123.66, Easting, 549424.02 Point Number 20, Northing, 771003.05, Easling, 549410.26 Point Number 21, Northing, 770950.54, Easting, 549400.64 Poinl Number 22, Northing, 770897.24, Easting, 549395.91 Point Number 23, Northing, 770844.70, Easling, 549403.08 Poinl Number 24, Northing, 770791.37, Easting, 549414.26 Point Number 25, Northing, 770738.86, Easting, 549424.62 Point Number 26, Northing, 770687.17, Easting, 549437.04 Point Number 27, Northing, 770635.48, Easting. 549453,75 Point Number 28, Northing, 770588.71, Easting, 549479.10 Exh,blf 1'/" 1 ''3I~C{)5. T~;j.;5C1 ",er '11'_ GLAND ~;-;'d'G-CG2'()ol._0 Offices strategically located /0 serve DIU clients 800.649.4336 Naples/Corporate Office 3200 Baifey Lane. Suite 200.. NfWfes. F/onda 34105" 239.649.4040 .. Fax 239.643.5116 wilsonmilfer.com :\lII<O"M',~:~,,_____,...::. -/ "~-~,.~~,;OCln WilstJnMiller' . New Direcrions In Planning, Design & Engineenng 17E DESCRIPTION OF LANDS LYING WITHIN SECTIONS 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 33, TOWNSHIP 46 SOUTH. RANGE 30 EAST, COLLIER COUNTY, FLORIDA (RESTORA TION AREA DEUNEA nON WITHIN STEWARDSHIP SENDING AREA 5) SHEET 2 OF 8 Point Number 29, Northing, 770546.87, Easting, 549512.32 Point Number 30, Northing, 770441.02, Easting, 549537.55 Point Number 31, Northing, 770271.18, Easting, 549406.48 Point Number 32, Northing, 770139.25, Easting, 549385.11 Point Number 33, Northing, 770118.47, Easting, 549364.31 Point Number 34, Northing, 770068.52, Easting, 549373.65 Point Number 35, Northing, 770016.82, Easting, 549390.38 Point Number 36, Northing, 769972.52, Easting, 549418.88 Point Number 37, Northing, 769933.96, Easting, 549459.30 Point Number 38, Northing, 769913.43, Easting, 549507.30 Point Number 39, Northing, 769909.34, Easting, 549563.50 Point Number 40, Northing, 769924.11, Easting, 549612.11 Point Number 41, Northing, 769966.78, Easting, 549647.90 Point Number 42, Northing, 770004.51, Easting, 549686.37 Point Number 43, Northing, 770111.19, Easting, 549806.77 Point Number 44, Northing, 770144.81, Easting, 549848.93 Point Number 45, Northing, 770171.07, Easting, 549895.38 Point Number 46, Northing, 770187.48, Easting, 549946.05 Point Number 47, Northing, 770206.37, Easting, 550009.76 Point Number 48, Northing, 769536.86, Easting, 550612.2'1 Point :--Jumber 49, Northing, 769185.67, Easting, 550050.46 Point Number 50, Northing, 769203.10, Easting, 549984.88 Point Number 51, Northing, 769131.52, Easting, 549857.95 Point Number 52, Northing, 769048.51, Easting, 549899.50 Point Number 53, Northing, 769049.47, Easting, 549896.31 Poinl Number 54, Northing, 769052.16, Easting, 549886.46 Poinl Number 55, Northing, 768927.65, Easting, 549955.50 Point Number 56, Northing, 768801.76, Easting, 550023.51 Point Number 57, Northing, 768591.94, Easting, 550056.79 Point Number 58, Northing, 768480.52, Easting, 550069.82 Point Number 59, Northing, 768374.88, Easting, 550074.16 Point Number 60, Northing, 768157.82, Easting, 550066.92 Point Number 61, Northing, 768149.50, Easting, 550066.15 Point Number 62, Northing, 768144.47, Easting, 550042.35 Point Number 63, Northing, 768071.44, Easting, 550042.35 Point Number 64, Northing, 767940.97, Easting, 550020.10 Point Number 65, Northing, 767743.26, Easting, 549997.83 Point Number 66, Northing, 767552.90, Easting, 549978.77 Point Number 67, Northing, 767339.57, Easting, 549962.86 Point Number 68, Northing, 767046.65, Easting, 549918.25 Point Number 69, Northing, 766951.49, Easting, 549899.17 Point Number 70, Northing, 766858.77, Easting, 549861.02 Point Number 71, Northing, 766847.27, Easting, 549854.45 . '612005. 145459 V~r 01'. GLAND ;:";;J..l OJI56.Q02-GOI...") ,"'" .. ,lit WilsonMiller' . New DirectiOns In Planmng. Design & Engmeering 17E f DESCRIPTION OF LANDS lYING WITHIN SECTIONS 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 33 TOWNSHIP 46 SOUTH, RANGE 30 EAST, COlliER COUNTY, FLORIDA (RESTORATION AREA DELINEATION WITHIN STE\AlARDSHIP SENDING AREA 5) SHEET 3 OF 8 Point Numbec 72, Northing, 766770.16, Easting, 549810.16 Point Number 73, Northing, 766696.30, Easting, 549768.72 Point Number 74, Northing, 766629.86, Easting, 549736.93 Point Number 75, Northing, 766569.95, Easting, 549703.71 Point Number 76, Northing, 766508.42, Easting, 549680.10 Point Number 77, Northing, 766423.90, Easting, 549669.35 Point Number 78, Northing, 766371.40, Easting, 549778.84 Point Number 79, Northing, 766348.77, Easting, 549871.60 Point Number 80, Northing, 766337.46, Easting, 549959.83 Point Number 81, Northing, 766303.53, Easting, 550084.25 Point Number 82, Northing, 766271.85, Easting, 550204.16 Point Number 83, Northing, 766244.71, Easting, 550326.32 Point Number 84, Northing, 766215.30, Easting, 550423.60 Point Number 85, Northing, 766181.36, Easting, 550514.10 Point Number 86, Northing, 766145.16, Easting, 550611.38 Point Number 87, Northing, 766090.87, Easting, 550719.97 Point Number 88, Northing, 766043.36, Easting, 550760.69 Point Number 89, Northing, 765830.70, Easling, 550805.94 Point Number 90, Northing, 765633.88, Easting, 550848.92 Point Number 91, Northing, 765493.61, Easting, 550889.64 POint Number 92, Northing, 765366.92, Easting, 550939.41 Point Number 93, Northing, 765109.02, Easting, 551050.27 Point Number 94, Northing, 765014.00, Easting, 551100.04 Point Number 95, Northing, 764978.53, Easting, 551119.04 Point Number 96, Northing, 764881.06, Easting, 551255.92 (east line of Section 33, Township 46 South, Range 30 East) Thence along the east line of said Section 33 South 01 "00'24" East 1316.88 feet to the Section 33 east quarter corner (Point Number 97, Northing, 763564.38, Easting, 551279.06); Thence along the north line of the south half of said Section 33 South 89"52'24" East, 4456.84 feet (Point Number 98, Northing, 763574.24, Easting, 546822.22) Thence leaving said line in straight line segments through the following vertices (Point Number 99 through Point Number 182 inclusive): Point Number 99, Northing, 763586.66, Easting, 546854.14 Point Number 100, Northing, 763615.37, Easting, 546897.52 Point Number 101, Northing, 763659.71, Easting, 546930.34 Point Number 102, Northing, 763709.73, Easting, 546947.36 POint Number 103, Northing, 763762.24, Easting, 546937.34 Point Number 104, Northing, 763815.59, Easting, 546927.36 Point Number 105, Northing, 763869.72, Easting, 546930.04 1/6i2OC5-. 1~iJ.4~9 Ve" Ol!_ GLAND c~, 03736-D02.00I..(j WilsonMiJler' . New Directions In Planning, Design & Engineering 17E fj DESCRIPTION OF LANDS LYING WITHIN SECTIONS 28, TOWNSHIP 45 SOUTH, RANGE 30 EAST AND SECTION 33 TOWNSHIP 46 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA (RESTORATION AREA DELINEATION WITHIN STE'NARDSHJP SENDING AREA 5) SHEET 4 OF 8 Point Number 106, Northing, 763921.42, Easting, 546919.06 Point Number 107, Northing, 763973.11, Easting, 546902.14 Point Number 108, Northing, 764019.43, Easting, 546884.87 Point Number 109, Northing, 764018.66, Easting, 546934.08 Point Number 110, Northing, 764041.09, Easting, 546998.40 Point Number 111, Northing, 764054.55, Easting, 547044.77 Point Number 112, Northing, 764090.45, Easting, 547119.57 Point Number 113, Northing, 764114.38, Easting, 547191.37 Point Number 114, Northing, 764138.32, Easting, 547192.86 Point Number 115, Northing, 764190.67, Easting, 547168.93 Point Number 116, Northing, 764251.99, Easting, 547136.02 Point Number 117, Northing, 764310.33, Easting, 547094.14 Point Number 118, Northing, 764367.18, Easting, 547059.72 Point Number 119, Northing, 764431.50, Easting, 547007.37 Point Number 120, Northing, 764459.92, Easting, 546977.46 Point Number 121, Northing, 764461.41, Easting, 546964.00 Point Number 122, Northing, 764423.92, Easting, 546890.01 Point Number 123, Northing, 764471.97, Easting, 546868.81 Point Number 124, Northing, 764549.92, Easting, 546741.63 Point Number 125, Northing, 764627.03, Easting, 546630.96 Point Number 126, Northing, 764700.06, Easting, 546572.39 Point Number 127, Northing, 764723.86, Easting, 546525.62 Point Number 128, Northing, 764746.84, Easting, 546477.32 Point Number 129, Northing, 764751.12, Easting, 546468.27 Poinl Number 130, Northing, 764770.93, Easting, 546483.60 Point Number 131, Northing, 764788.17, Easting, 546499.50 Point Number 132, Northing, 764807.37, Easting, 546519.37 Point Number 133, Northing, 764821.93, Easting, 546537.92 Point Number 134, Northing, 764832.54, Easting, 546548.52 Point Number 135, Northing, 764842.49, Easting, 546559.12 Point Number 136, Northing, 764853.74, Easting, 546563.76 Point Number 137, Northing, 764867.66, Easting, 546563.76 Point Number 138, Northing, 764878.25, Easting, 546556.47 Point Number 139, Northing, 764885.54, Easting, 546543.89 Point Number 140, Northing, 764892.16, Easting, 546518.06 Point Number 141, Northing, 764898.79, Easting, 546487.59 Point Number 142, Northing, 764904.09, Easting, 546460.42 Point Number 143, Northing, 764909.39, Easting, 546431.93 Point Number 144, Northing, 764913.65, Easting, 546396.97 POint Number 145, Northing, 764917.57, Easting, 546385.02 Point Number 146, Northing, 764933.01, Easting, 546352.11 Point Number 147, Northing, 764953.16, Easting, 546323.91 Point Number 148, Northing, 764980.68, Easting, 546295.04 '.'6.'2005_ 145459 Verl)I'.G:..ANO S~"'J 03Ies.-OO2_00I._u WilsonMiller' . New Directions In Planning, Design & Engineering 17E'_ DESCRIPTION OF LANDS LYING WITHIN SECTIONS 28. TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA (RESTORA TrON AREA DELINEATION WITHIN STEWARDSHIP SENDING AREA 5) SHEET 5 OF B Point Number 149, Northing, 765003.52, Easting, 546269.52 Point Number 150, Northing, 765011.13, Easting, 546255.79 Point Number 151, Northing, 765007.73, Easting, 546224.20 Point Number 152, Northing, 764988.88, Easting, 546174.68 Point Number 153, Northing, 764963.43, Easting, 546127.08 Point Number 154, Northing, 765042.20, Easting, 546123.60 Point Number 155, Northing, 765096.36, Easting, 546120.62 Point Number 156, Northing, 765149.70, Easting, 546118.78 Point Number 157, Northing, 765203.02, Easting, 546119.29 Point Number 158, Northing, 765254.72, Easting, 546128.22 Point Number 159, Northing, 765303.12, Easting, 546152.32 hereinafter referred to as POINT "A" Point Number 160, Northing, 765410.60, Easting, 546126.88 Point Number 161, Northing, 765457.38, Easting, 546098.87 Point Number 162, Northing, 765501.68, Easting, 546069.86 Point Number 163, Northing, 765540.23, Easting, 546031.41 Point Number 164, Northing, 765573.06, Easting, 545988.22 Point Number 165, Northing, 765622.28, Easting, 545968.54 Point Number 166, Northing, 765674.80, Easting, 545975.70 Point Number 167, Northing, 765708.44, Easting, 546017.35 Point Number 168, Northing, 765742.89, Easting, 546059.81 Point Number 169, Northing, 765783.10, Easling, 546096.29 Point Number 170, Northing, 765828.22, Easting, 546124.62 Point Number 171, Northing, 765878.28, Easting, 546143.80 Point Number 172, Northing, 765930.81, Easting, 546155.39 Point Number 173, Northing, 765984.95, Easting, 546157.44 Point Number 174, Northing, 766026.79, Easting, 546163.60 Point Number 175, Northing, 766021.06, Easting, 546304.62 Point Number 176, Northing, 766043.20, Easting, 546442.87 Point Number 177, Northing, 766053.88, Easting, 546509.33 Point Number 178, Northing, 766107.19, Easting, 546545.73 Point Number 179, Northing, 766234.65, Easting, 546620.33 Point Number 180, Northing, 766246.69, Easting, 546627.38 Point Number 181, Northing, 766283.57, Easting, 546588.43 (north line of said Section 33) Thence along the north line of said Section 33 South 89"41'28" East 82.58 feet (Point Number 182, Northing, 766283.12, Easting, 546671.01) Thence North 00023'40" West 5.339.92 feet to the POINT OF BEGINNING. Containing 653.51 acres, more or less. Subject to easements and restrictions of record. Bearings are based on the north line of Section 28, Township 46 South, Range 30 East, Collier County Florida, being South 89"37'53" East. 1/512005- 146459 Ver:01'-GLAND ~, 031'66-002-001'.0 WilsonMiller' . New Directions In Planning, Design & Engineering 17 E ~,' DESCRIPTION OF LANDS lYING WITHIN SECTIONS 28, TOWNSHIP 46 SOUTH. RANGE 30 EAST AND SECTION 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST. COLLIER COUNTY, FLORIDA (RESTORATION AREA DELINEATION WITHIN STEWARDSHIP SENDING AREA 5) SHEET 6 OF 8 LESS AND EXCEPT THE FOLLOWING DESCRIBED LANDS All that part of Section 33, Township 46 South, Range 30 East and Section 4, Township 47 South, Range 30 East, Collier County, Florida, being more particularly described as follows; Commencing at the aforementioned POINT "A" (Point Number 159, Northing, 765303.12, Easting, 546152.32) Thence North 32034'30" East 55.48 feet to the POINT OF BEGINNING; Thence leaving said line in straight line segments through the following vertices (Point Number 184 through Point Number 205 inclusive): Point Number 184, Northing, 765349.88, Easting, 546182.19 Point Number 185, Northing, 765395.02, Easting, 546211.29 Point Number 186, Northing, 765440.97, Easting, 546240.00 Point Number 187, Northing, 765486.09, Easting, 546268.92 Point Number 188, Northing, 765530.39, Easting, 546298.27 Point Number 189, Northing, 765574.70, Easting, 546328.42 Point Number 190, Northing, 765619.00, Easting, 546360.31 Point Number 191, Northing, 765659.21, Easting, 546396.62 Point Number 192, Northing, 765687.12, Easting, 546443.08 Point Number 193, Northing, 765693.66, Easting, 546498.26 Point Number 194, Northing, 765662.49, Easting, 546537.22 Point Number 195, Northing, 765614.91, Easting, 546569.94 Point Number 196, Northing, 765564.86, Easting, 546588.72 Point Number 197, Northing, 765513.98, Easting, 546573.02 Point Number 198, Northing, 765466.40, Easting, 546544.40 Point Number 199, Northing, 765423.73, Easting, 546512.30 Point Number 200, Northing, 765381.89, Easting, 546477.86 Point Number 201, Northing, 765340.03, Easting, 546443.08 Point Number 202, Northing, 765310.50, Easting, 546399.69 Point Number 203, Northing, 765290.00, Easting, 546350.57 Point Number 204, Northing, 765272.76, Easting, 546299.50 Point Number 205, Northing, 765285.06, Easting, 546221.64 Thence North 31019'47" West 75.88 feet to the POINT OF BEGINNING. Containing 2.23 acres, more or less. Containing a net total of 651.28 Acres more or less. Subject to easements and restrictions of record, Bearings are based on the north line of Section 28, Township 46 South, Range 30 East, Collier County Florida, being South 89037'53" East. 1/612005- 146459 Ver: 01'. GLAND 0_' 03786-002_001_.(1 WilsonMillel r New Dfrections In Planning, Design & Engineering 17f '11 " i ~ DESCRIPTION OF LANDS lYING WITHIN SECTIONS 28, TOWNSHIP 46 SOUTH. RANGE 30 EAST AND SECTION 33. TOWNSHIP 46 SOUTH, RANGE 30 EAST, COLliER COUNTY. FLORIDA (RESTORATION AREA DELINEATION WITHIN STEWARDSHIP SENDING AREA 5) SHEET 7 OF 8 SSA 3 RESTORATION LANDS: THOSE LANDS DESCRIBED IN STEWARDSHIP SENDING AREA 5 OF THE STEWARDSHIP EASEMENT AGREEMENT EXHIBIT 'A" (WILSONMILLER DRAWING NUMBER 2H-51). SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE BEARINGS ARE BASED ON THE WEST LINE OF SAID SECTION 33 PER THE COLLIER SURVEY NORTH 00"45'07" WEST. STATEMENT OF DEFINITION, ACCURACY AND COORDINATE BASIS 1. DEFINITION: A. THE EXTERIOR BOUNDS OF S.SA 5 ARE BASED ON STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "A"(REFERENCE WILSONMILLER DRAWING NUMBER 2H-51). 2. ACCURACY: A. THESE LINES ARE BASED ON INTERPRETATIONS FROM AERIAL PHOTOGRAPHS HAVING THE FOLLOWING PARAMETERS: 1. DATE OF PHOTOGRAPHY: 4/23/03 2. NEGATIVE SCALE: 1:36000 3. PIXEL DIAMETER: 2.5' 4. TARGET SCALE: 1'=500' 5. SCALE NOT TO EXCEED 1"=500'. 6. THIS IMAGERY HAS NOT BEEN ORTHO CORRECTED IN ORDER TO MEET MINIMUM TECHNICAL STANDARDS OR NATIONAL MAP ACCURACY STANDARDS. 7. VERTICAL ELEVATION CHANGES WILL CAUSE HORIZONTAL DISPLACEMENT. EVERY EFFORT HAS BEEN MADE TO MINIMIZE THIS EFFECT FOR CRITICAL FEATURES. 8. IN AREAS WHERE TALL STRUCTURES OR TREES LEAN TO OBSTRUCT FEATURES, EXPOSURES WERE MOSAICKED IN AN EFFORT TO MINIMIZE THE EFFECT. 9. THIS PRODUCT IS SIMILAR IN ACCURACY TO RECTIFIED ENLARGEMENTS, EXCEPT PROVIDED IN A DIGITAL FORMAT. B. BASED ON THESE PARAMETERS, THE LINES DEPICTED IN THIS DIGITAL FILE HAVE AN ESTIMATED POSITIONAL ACCURACY OF +/- 20 FEET. C. MINOR DIFFERENCES IN POSITION AND ACREAGE BETWEEN THIS DESCRIPTION AND OTHER FORMATS CAN BE ATTRIBUTED TO COORDINATE PROJECTION AND SOFTWARE ACCURACY PARAMETERS. 3. COORDINATE BASIS: THE LINES DEPICTED HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM 83, GRS80, US SURVEY FEET, 1/!l12OO5- 146459 Ver; 01!_ GlAND ~, Q;J7M-002-OOl__Q WilsonMiller' r New Directions In Planning, Design & Engineering 17E 'io DESCRIPTION OF LANDS lYING WITHIN SECTIONS 28, TOWNSHIP 46 SOUTH. RANGE JO EAST AND SECTION 33. TOWNSHIP 46 SOUTH, RAN COLLIER COUNTY. FlOR A (RESTORATION A DElIN WI I SH DATE 12-29-04 L ,.S.M. LS # 5627 WILSONMILLER. INC. REGISTERED ENGINEERS AND LAND SURVEYORS. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A PROFESSIONAL SURVEYOR AND MAPPER. NOT BASED ON FULL SURVEY OF SUBJECT LANDS. CERTIFICATE OF AUTHORIZATION # LB-43 REF.2H-86 11812005_148459 Ver:Ol'_GLAND -, 03786-002..001._0 17E I.e. 2928 3233 28.~._ JJ 34 2928 NT "A" 96 98 97 GENERAL NOTE$: I) REFER TO LfGAL DESCRIPTION FOR COORDINATES TO POINTS SHOWN HtRfON. 2) POINTS SHOWN ARE SEQUENTIAL, INTERMEDIATE POINTS ARE OUITTED FOR CLARITY AND ARE LISTED IN THE LfGAL DESCRIPTION. J) BEARINGS ARE BASCO UPON THE NORTH UNf OF SECTION 28, TOWNSHIP 46 SOUTH, RANGE 3D fAST, COLLIER COUNTY FLORIDA, BEING SOUTH 89'J7'SJ~ EAST. 4) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAlS[O SEAL OF A FI(JFlIn,d flrrAlCrn ~I""_v,",... ..._ L T 187.5 375 ~,n = 12