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Resolution 2004-292 fSE "'1 RESOLUTION 2004- 2q2 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DESIGNATING 1852.3 ACRES IN THE RURAL LAND STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "BCI SSA 5," APPROVING A STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR BCI SSA 5, AND ESTABLISHING THE NUMBER OF STEWARDSHIP CREDITS GENERATED BY THE DESIGNATION OF SAID STEWARDSHIP SENDING AREA WHEREAS, Barron Collier Investments Ltd., a Florida limited partnership (herein referred to as "Owner") owns approximately one thousand eight hundred fifty-two and three tenths (1852.3) acres located within the boundaries of the Rural Lands Stewardship Areas Zoning Overlay District ("RLSA District") located in Collier County, Florida; and WHEREAS, Owner has voluntarily requested that said land be designated as a Stewardship Sending Area ("SSA") in accordance with. and pursuant to Section 2.2.27.9 of the Collier County Land Development Code ("LDC") (Section 4.08.06 UDC); and WHEREAS, Owner has submitted a SSA Designation Application ("Application") for the BCI SSA 5 land; and WHEREAS, Collier County Staff has reviewed the Application, along with support documentation and information required by Section 2.2.27 of the LDC (Section 4.08.00 UDC), and determined that the Application is legally sufficient; and WHEREAS, the Collier County Board of County Commissioners ("Board") has determined the BCI SSA 5 Stewardship Credit Agreement is in compliance with, and meets the requirements of the LDC, and is in substantial benefit to the general public. NOW, THEREFORE, be it resolved by the Board that: 1. BCI SSA 5, as described in attached Exhibit "A", consisting of approximately one thousand eight hundred fifty-two and three tenths (1852.3) acres is hereby designated as a Stewardship Sending Area ("SSA"), and will be officially designated as "BCI SSA 5" on the Official Zoning Atlas Map. 2. The BCI SSA 5 Stewardship Credit Agreement, attached hereto as Exhibit "B", meets the requirements of Section 2.2.27.9 of the LDC (4.08.06 UDC) and the Board hereby approves the BCI SSA 5 Stewardship Credit Agreement. 3. The Board hereby establishes, grants and assigns two thousand nine hundred thirty-eight and three tenths (2938.3) Stewardship Credits to the Owner, which may be sold, transferred, or otherwise utilized by the Owner in accordance with Section 2.2.27 of the LDC (4.08.00 UDC). 4. The Board further approves and authorizes the acceptance of the Stewardship Easement Agreement for the BCI SSA 5 lands. 5 By its designation of the lands described in Exhibit "A" as a Stewardship Sending Area, the County shall not hereafter grant or approve any 8 E":r, increase in the density or additional uses beyond those uses specifically authorized in the BCI SSA 5 Credit Agreement. THIS RESOLUTION ADOPTED this 21st day of September, 2004, after a Motion, seconded, and majority vote favoring same. ",'\:.'~"';";~;..,. :_.'...\....~ .~~ L...I..;/....,. ~~.:.t...j:~.....::.::.~......:: I~~~, .~ '.ATTESrDWi&~t;l:>~bcK b :: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LBy: 4~ ~~ Donna Fiala, Chairman ck G. White Assistant County Attorney Item' ~f" Agenda (}....""\J.J\j L Date ~ ~:d q'd;}11f .f'\C. 'I-'. 3494501 OR: 3664 PG: 1463 RBCORDBD in OFFICIAL RBCORDS of COLLIER COUNTY, FL iO/20/2004 at 0~:46PM DWIGHT B. BROCK, CLERK REC FEE 137.50 INDEXING i.aO Prepared By: George L. Varnadoe Cheffy Passidomo Wilson & Johnson. LLP 821 Fifth Avenue South, Suite 201 Naples, Florida 34102 Retn: CLERK TO THE BOARD INTBROFFICE 4TH FLOOR BXT 7240 8E STEWARDSHIP SENDING AREA MEMORANDUM BCI STEWARDSHIP SENDING AREA 5 This Stewardship Sending Area Memorandum is to memorialize changes to the allowed land uses on real property located within the Rural Lands Stewardship Overlay District of Collier County, as described in the Future Land Use Element of the Growth Management Plan of Collier County, Florida. The property described in Exhibit "A" has been designated as a Stewardship Sending Area, and said lands are encumbered by a Stewardship Easement as described herein. 1. On September 21, 2004, pursuant to Section 2.2.27 of the Collier County Land Development Code ("LDC") [UDC Section 4.08.00], the Board of County Commissioners of Collier County, Florida designated the lands described in Exhibit "A" as a Stewardship Sending Area, officially known as "BCI Stewardship Sending Area ("SSA") 5", said lands being owned by Barron Collier Investments, Ltd., a Florida Limited Partnership. The legal description of BCI SSA 5 is attached as Exhibit "A". 2. By such designation, the Board of County Commissioners also approved a Stewardship Sending Area Credit Agreement and assigned two thousand nine hundred thirty-eight and three tenths (2938.3) SSA Stewardship Credits to BCI SSA 5. 3. Attached hereto as Exhibit "B" is the Stewardship Easement Agreement, which was also approved by the Board of County Commissioners on September 21, 2004 and which describes the land uses eliminated from BCI SSA 5 and the land uses remaining on said lands. 4. No lands located within BCI SSA 5 are currently designated for restoration. 5, Pursuant to LDC Section 2.2.27.9.C.7 [UDC Section 4.08.06], this Stewardship Sending Area Memorandum is to be recorded in the Official Records of Collier County, Florida. OR: 3664 PG:l~f 'fl By its execution hereof, the undersigned certifies that the above is true and correct to the best of its knowledge and belief. BARRON COLLIER INVESTMENTS, L TD, a Florida Limited Partnership Witnesses: D~ T.l1.~.1ØV\ Signature .bOi\f'Io.. .T. ße"sot) Printed Name .>Pð\~ -- 0 L-)~ ~ature Co úlSA 0 WPrLl ~~ Printed Name D--. J. R-YON"\ Signature J>1Pt'\r\A. I. ~$øl\ Printed Name Æ", . ~_ (::) l.-) cS10,-" ~~'~ture Loo'SA o. ~A-"-L~~ Printed Name By: Paul J. inelli, Administrative Agent By: atherine G. Sproul, ustee Juliet C. Sproul Test mentary Trust, a General Partner OR: 3664 PG: 1465 ~8E STATE OF ---1í-o~lvli COUNTY OF Ct;/-l...Ii::f~ The fOregOing~ardShiP Sending Area Memorandum was executed before me this lSf<dayof 6tN ,2004, by PAUL J, MARINELLI, as Administrative Agent for BARRON COLLIER INVESTMENTS, L TO., a Florida Limited Partnership. ~~.~ /':' ~ Susan l Maturo . J . My ComlT1lSSlOn DD343616 '\ .:-Y . .J 't 01 ...' Expires October 1 5, 2008 Notary Public Name: s.u~ m 1-. IhA1ùttJ Certificate No. ~i.~(¡,¡b My Commission Expires: JO-IG~8 STATE OF COUNTY OF Fí.o (è It) A; CtJLL I e:jè.. The fOregOing~ardShiP Sending Area Memorandum was executed before me this /S-lt.. day of 6w , 2004, by KATHERINE G. SPROUL, as Trustee for the Juliet C. Sproul Testamentary Trust, a General Partner of BARRON COLLIER INVESTMENTS, LTD., a Florida Limited p~ cI( ~ Notary Public Name: SVSIl1J t..... filA 1"() Certificate No. My Commission Expires: ~ ~ Susan l Maturo . " ; My COI11IT1IIIIOI'I 00343616 '~,.,j "..' Exptfe. October 15, 2008 F:\wpdocs\LlT\GL V\New Town Developmcnt\Ave MarialLegal Docs\SSA Memo BCI(5).doc WilSÔnMiller@ .. New Directions In Planning, Design & Engineering OR: 3664 PG: 1466 8E ,/f S.S.A. 5 EXHIBIT "Au LEGAL DESCRIPTION DESCRIPTION OF LANDS LYING WITHIN SECTIONS 28, 32 AND 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 5, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (BCI SSA 5) ALL OF SECTION 5, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA, PER THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LYING NORTH OF THE NORTH RIGHT-OF-WAY LINE OF C.R. 846 (120' RIGHT-OF-WAY); AND ALL OF SECTION 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, BASED ON THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LESS THE WEST 90.88 ACRES; AND ALL OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, BASED ON THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LESS THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, AND THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 32 ; AND THE NORTH HALF OF 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, BASED ON THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943); CONTAINING 1852 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE EAST HALF OF THE NORTH LINE OF LINE OF SECTION 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST BEING SOUTH 88°52'49" EAST. SKETCH AND DESCRIPTION WERE PREPARED WITHOUT BENEFIT OF FULL SURVEY OR TITLE SEARCH. SEE ATTACHE ETCH. WILSONMIL ,IN. REGISI ENGI EERS AND LAND SURVEYORS C FA' THORIZATION #LB-43. 4-12-04 LLER, P.S.M. #5627 DATE NCT VAll ÜT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPI?ER. REF. 2H- 51 . iN .0.: 03312-004-000-21000 DATE: 4/12/04 ' . Offices strategically located to serve our clients 800.649.4336 NapleS/Corporate Office 3200 Bailey Lane, Suite 200 . Naples, Florida 34105 · 239.649.4040 . Fax 239,643.5116 wl/sonml/ler. com 101'1812004- 135901 Ver: 01!- BSTOCKHAM CM43 037~-O WilsonMllltlr, Inc. - FL Lic.' i C-COOO 170 I ~¡ ~;I ì I il '" ~~ ~ ~~ ~ 8 ~ Ii ~ ji 8- :t ji ~ è~ S' ~a c;) -0 VI '" ....¡¡::m -oIm m¡¡::VI ~ "- . '" co ~~~ CD .... I I '" ~ ~ ~ 'ì' 'ì' CD 0 0 m ~ r ~ !T1 ~ CJ '" ?i .¡¡:: 1] VI ¡¡:: m 1.01 co o I J ~ r II . i f~ I ':S I' I ~ ¡iltl Idl if . ~ . Iq ; I I N () .- VI ... ~ I ~ . ~ I ~ ¡~~F.iN~ !"i': 8 I ::eM q ~ ¡=~ ::: CJ ~ ~ ? ~ §,¡ ~ r,¡ ~ fJ P ê ~!iI~ .. : ~ ~ ~i2 ~ <> :s¡¡¡~ .h 8 ~ ~§~~ q ~ !'¡ j!I~!j I z ~"'~~ 8 '" ~§~ b ~:~ g ~~f.n ~ ~~~ - ......lAy g ~N o "~ ~o \It ~~ ~ 8 ~~ ~ ~ I~ - ~ ~;¡ :s~ ~ ~ ~~ ~p (J) rTJ rTJ* * » * ~z 00 :r:-I 8» (J) Oc rTJ;{) (J)< £~ -0 * ; :::! * 8 0* z :. -",- --- --- R: 3664 PG: 1 67 ,8E '" o ... '" o ... ~~~~8~~~~~~ ~;s·~~:~:d~ i~ra...§1~§1",~~ I::~~:UU~~~ 3:~II\¡;"';;t"'~"'~ !i!:i"''''''';'¡''';I§1;¡ ~!;~~~~~II\õ!!; ~!i!~~!;~~i~~ ~~@~!i!~~~~~ ~~!:i~~õ!~@~~ ~~~~ ~ ;¡~~ ....!i! ~o~ " ~ ~ .... ... .., ., LN ~ " ~ ~ .... ... .., b '" o .... " ~ ~ ... ... .., ., ~ ª ;g !: e Iii ~iii ~!i!~~ ,_ ,on... ].[O.tZ.DOIi ., '" '" '" 0 0 0 ... ... ... " " " ~ ~ ~ ~ N ~ ~ ... ... ... LN ... '-.J LN ... ... -Þ. .., .., .., ., ., ., n nnC N_~ ~..¡;:¡ :~~ u~ ~~c ~!!¡"' í¡!;¡li~~iil~IS ~!!~~:i;li¡i~=i~;I; I ~ ¡!::~î!Ud¡¡¡ ~~!U~i~! 'I=!!¡i;~t .; : ~i!:~il~ :!: il<!~illløl dk~v ~I ~ ~~~>':i:~ ~.., ~n ~Ia ~ Id> :~~r â ~ ' ~ '?Z ..,..,~\'! ~ ~ ~I ~ ~ ~5 ~§~~ ~ " : I~! ~~~: ~ ~ ..~ a ~ §! ~~~~'~" ~I,,:, ~ ~~~ §:i ~ ! !. I~~~!' ~ ! ~~>' p;~ i ~ !a ~~~I· m' , . ~~ ;õ t:~ ~ ~ ~ §~ .~. ~ª P~d;!iI R ffi~ ~ ~ ~~ !iI þ: ~ ~ ~ i'5~ ~ e F ~ p.' .;;;. - ISCÞU: 1· - 2000' ~"Q .¡:¡ô ~-'" .~o EXHIBIT -A- SKETCH BCI SSA 5 OR: 3664 PG: 1468 8£ This instrument Prepared by: G.eorge L. Varnadoe, Esq. Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108-2771 Tract: BCl SSA 5 STEWARDSHIP EASEMENT AGREEMENT THIS STEWARDSHIP EASEMENT is granted this ~ day of ~ 2004, by Barron Collier lnvestments, Ltd., a Florida Limited Partnership ("BCl"), whose address is 2600 Golden Gate Parkway, Naples, Florida 341 05, 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". A. B. 4/30/2004- 136865 Ver: 011- BJOHNSON e..43 03312-004-000- - 0 RECIT ALS Grantor is the owner of approximately 1852.3 acres of land situated in Collier County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter "Property" or "BCl SSA 5"). Grantor and Collier County ~d into a Stewardship Sending Area Credit Agreement (ASSA Agreement@) dated '"\ ,,~4- , which designated the Property "BCl Stewardship Sending Area 5" ("BCl SSA 5"). This 1852.3 acre parcel, as legally described in Exhibit "A," has been designated as a AStewardship Sending Area" "SSA" in accordance with Section 2.2.27.9. of the Collier County Land Development Code ("LDC") (UDC Section 4.08.06). The Property is depicted on Exhibit "B." C. The SSA Agreement and Section 2.2.27.9.C.8 of the LDC (UDC Section 4.08.06(C)(8)) require Grantor to provide a perpetual Stewardship Easement identifying the specific land management measures for BCI SSA 5 and the party responsible for such measures. D. In exchange for the designation of the Property as SSA, the County has granted and assigned to Grantor two thousand nine hundred thirty eight and three-tenths (2938.3) Stewardship Credits which will allow Grantor to entitle three hundred sixty seven and twenty-nine hundredths (366.29) acres for development within the Rural Lands Stewardship Area District. Page 1 of 7 OR: 3664 PG: 14698 E I E. The purposes of this Stewardship Easement are: (l) to designate the allowed uses of the Property consistent with the terms of the SSA Agreement; (2) to identify specific land management measures and the party responsible for land management; and (3) to provide for the enforcement of the Stewardship Easement. NOW, THEREFORE, in consideration of the designation of the Property as Stewardship Sending Area, together with other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, creates, conveys and establishes a perpetual nonexclusive Stewardship Easement for and in favor of the Grantees upon the property described in Exhibit !lA," which shall run with the land and be binding upon the Grantor, its successors and assigns and shall remain in full force and effect forever. It is agreed as follows: 1. The recitals and exhibits are incorporated by reference as if repeated verbatim herein. 2. BCI SSA 5 is legally described in Exhibit "A" and is depicted on Exhibit "B." The following previously permitted and conditional land uses are hereby eliminated from BCl SSA 5 land and the Property is henceforth prohibited from being used for the following: A. Residential Land Uses, also described as Land Use Layer 1. B. General Conditional Uses, also described as Land Use Layer 2. C. Earth Mining and Processing Uses, also described as Land Use Layer 3. D. Recreational Uses, also described as Land Use Layer 4. E. Agriculture - Group 1, also described as Land Use Layer 5. F. Agriculture - Support Uses, also described as Land Use Layer 6. All Land Use Layers are defined in Section 2.2.27.9.B.4.of the LDC (UDC Section 4.08.06(B)(4)). 3. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not inconsistent with the Agreement or the intent and purposes ofthis Stewardship Easement. Grantor may use the BCI SSA 5 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 2.2.27.9.B.4.b of the LDC (UDC Section 4.08.06(B)(4)(b)). B. BCI S SA 5 land, may also be used for Agriculture - Group 2 (Land Use Layer 7) as defined in Section 2.2.27.9.B.4. of the LDC (UDC Section 4.08.06(B)(4)) Page 2 of 7 413012004- 136865 Ver: 01!- BJOHNSON CA043 03312-004-000- - 0 OR: 3664 PG: 1470 j'8E Agriculture - Group 2 uses cannot be expanded beyond existing areas or areas for which permits exist as of the date of SSA designation of said lands. C. Owner retains the right to construct and maintain farm and ranch roads to access its lands within BCl SSA 5 for the purposes retained herein. 4. The Grantees shall have the right to enjoin any activity on or use of the Property that is inconsistent with this Stewardship Easement and to enforce the restoration of such areas or features ofthe Property that may be altered by any inconsistent activity or use. 5. The following land management measures shall be undertaken as to BCl SSA 5 and the Owner of the fee title to the Property shall be the party responsible for such measures: ln BCl SSA 5, on which Agriculture - Group 2 uses are the only remaining agricultural uses, land management measures will be those customarily utilized in ranching operations in Southwest Florida. These customary measures may include prescribed burning, mechanical brush control ("chopping") and other exotic and nuisance species control, fence construction and maintenance, selective thinning of trees, and ditch and ranch road maintenance. 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 2.2.27. ofthe Collier County Land Development Code in existence as of the date of this Stewardship Easement Agreement and those LDC provisions shall control as to all rights, obligations, implementation, entitlements, land uses eliminated and permitted, and interpretations, requirements, or issues relating thereto, notwithstanding any future amendments thereto. 9. Enforcement of the terms and provisions of the 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 otherwise, the terms and restrictions ofthis Stewardship Easement shall be borne by and recoverable against the non-prevailing party in such proceedings. 10. Grantees will hold this Stewardship Easement for the purposes set forth herein and to ensure compliance with the terms hereof. Grantees will not assign their rights and Page 3 of 7 4/30/2004- 136865 Ver: on BJOHNSON CA!43 03312-004-000- - 0 ,--.------------'-'-.------- - OR: 3664 PG: 1471 8 E obligations under this Stewardship Easement except to another organization qualified to hold such interests under the applicable state laws. 11. If any provision of this Stewardship Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Stewardship Easement shall not be affected thereby, so long as the purpose ofthe 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 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. TO HAVE AND TO HOLD unto Grantees, their successors and assigns forever. These covenants, terms, conditions, restrictions and purposes imposed with this Stewardship Easement shall not only be binding upon Grantor, but also its successors and assigns, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with Grantees that Grantor is lawfully seized of the Property in fee simple; that the Property is free and clear of all encumbrances; that Grantor has good right and lawful authority to convey this Stewardship Easement; and that Grantor hereby fully warrants title to the Stewardship Easement hereby conveyed and will defend same against the lawful claims of all persons whomsoever. A. n+'~ 'J.I~ESS WHEREOF, the Grantor has hereunto set its hand and seal the 7"/1. day of ~ ,2004. WI{J:SSES: ~Ú.AAUt1/ (Slnature) A At2o'-yu (l. ~f/,4uJ (Print full náme) -., _.'- t..-"" /'---.. A'Yh/~ ¿~~~ (Signature) -" ¡)/19vL t. V/0-11&2/ (Print full name) P . Marinelli dministrative Agent Page 4 of 7 4/30/2004- 136865 Ver: 011- BJOHNSON CA.43 03312-004-000· . 0 OR: 3664 PG: 1472 8 E BARRON COLLIER INVESTMENTS, LTD., A Florida Limited Partnership 7i!ESSES: ¡; Æ~ (Sign~ A ~ [A-t< 01-.1 V .~ (Print full narrÍe) /1 _, ,- Ó dÜ;;(:' ¿)fj'U4L . (Signature) " [J/ /J IJ¿ L· V:"',,>-1J£ Ie / (Print full name) By: atherine G. Sproul, rustee Juliet C. Sproul Test mentary Trust a General Partner STATE OF FLORIDA COUNTY OF COLLIER The foregoi g Stewardship Easement Agreement was executed before me this 1!!:. day of , 2004, by PAUL J. MARlNELLI, as Administrative Agent of BARRON COL IER lNVESTMENTS, LTD. /':' ~ Susan L Maturo . ~ . u.. Comlnl88101'1 00343816 , ~.., . 'flJ '1> 0, "./ Expires October 15, 2008 ~rf.~ Notary Public Name Sù5íHJ l... rn AT()~ Certificate No.ßD 1'1- 3~~ My Commission expires ~/()8 ST ATE OF FLORIDA COUNTY OF COLLIER 1/. T~ Stewardship Easement Agreement was execnted before me this L day of , 2004, by KATHERINE G. SPROUL, as Trustee of the Juliet C. Sproul Testamentary Trust, a General Partner of BARRON COLLIER lNVESTMENTS, LTD. ~~.~ Notary Public Name &ùsíf1J J..... ('riA 7UÆc> Certificate No. D ~ 3 110 My Commission expires ~ ~ Susan L MaturO ~þ'" ; My ComInI88IOI'I 00343816 '0; ,,'" ExpIres October 15, 2008 Page 5 of 7 4/30/2004- 136865 Ver. on BJOHNSON OAK! 03312-004·000· - 0 OR: 3664 PG: 1473 ,18E GRANTEES' ACCEPTANCE OF STEWARDSIDP 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 Stewardship Easement Agreement. FLORlDA DEPARTMENT OF AG CULTURE AND CO UME 1\ F AlRS 'nl ~ ~ By: /~ Its: Plfl~ ð f !WJIt:/V ,'s.~ON ---- Ignature) . .::Jôh~ f(/. ¿'¿,5 f'9r¿..Vl (Print full name) STATE OF FLORIDA COUNTY OF LEON he foregoing Agreement was executed before me this jj¿ day of~, 2004, by' . of the Florida Department of Agriculture and Consumer Af ,as /- ~"',+~.Y:r~.?I,,, Karen A Meyer [*rå':'r*~ MY COMMISSION # CC949622 EXPIRES õ~,~.-:¥ October 20, 2004 "I~q'f::~~~" BONDED THRU TROY FA!N INSURANCE, INC. Page 6 of 7 4/30/2004- 136865 Ver: 01 ~ BJOHNSON CA¡W;43 03312-004-00{}- - 0 ATTESTED J,C;tB,X;: , ,.'.' \ '. ~ .~, o', : I, f (, i ...:J, !..:;,.,,/I,,/, ,. . .~>~.: 1,1~<:~ . p.~ ~"J" -::~:: . . QC. lG~J\EJB ~) :)i}iliK ,.. ~/ i" ,'¡' ~.... At~·.':,tb/~tJ~·s APP...~€JRM AND LEGAL SUFFItíÉÑcy: ~HITE ASSlST ANT COUNTY ATTORNEY Page 7 of 7 4/30/2004- 136865 Ver: on BJOHNSON CAIII43 03312-004-000- - 0 OR: 3664 PG: 1474 BE BOARD OF COUNTY COMMlSSlONERS COLLIER UNTY, FLORIfA.. ~ d;4.~ By: DONNA FlALA, Chairman Exhibit "A": Exhibit liB": A\S Ease Agr Five.doc 4/3012004- 136865 Ver. 01 .. BJOHNSON 0A>43 03312-004-000- - 0 OR: 3664 PG: 1475 ~~·'8' E 10. j. . STEWARDSHIP EASEMENT AGREEMENT SSA Land Legal Description BCl SSA 5 (1852.3 acre parcel) depicted on Map of SSA Land. WilSÔnMiller@ y New Directions In Planning, Design & Engineering OR: 3664 PG: 14768E S.S.A. 5 EXHIBIT "Au LEGAL DESCRIPTION DESCRIPTION OF LANDS LYING WITHIN SECTIONS 28, 32 AND 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 5, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (BCI SSA 5) ALL OF SECTION 5, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA, PER THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LYING NORTH OF THE NORTH RIGHT-OF-WAY LINE OF C,R. 846 (120' RIGHT-OF-WAY); AND ALL OF SECTION 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, BASED ON THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LESS THE WEST 90.88 ACRES; AND ALL OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, BASED ON THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LESS THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, AND THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 32 ; AND THE NORTH HALF OF 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, BASED ON THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943); CONTAINING 1852 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD, BEARINGS ARE BASED ON THE EAST HALF OF THE NORTH LINE OF LINE OF SECTION 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST BEING SOUTH 88°52'49" EAST. SKETCH AND DESCRIPTION WERE PREPARED WITHOUT BENEFIT OF FULL SURVEY OR TITLE SEARCH. SEE ATTACHE ETCH. WILSONMIL ' ,I~. RJ;:GIST . ENGI EERS AND LAND SURVEYORS C FA THORIZATION #LB-43, i' 4-12-04 LLER, P.S.M. #5627 DATE NOTVALi "/ UTTHE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYdR ANb MAPPER. REF. 2H-.51 W.O,:, P33j2-004-obo-21 000 'DAT6:4/12/04 ' , . " . Offices strategically located to serve our clients 800.649.4336 Naple$/Corporate DUlce 3200 Bailey Lane, Suite 200 · Naples, Florida 34105 · 239.649.4040 . Fax 239.643.5716 wllsonmlller. com IOfI8f2004.. 135901 Ver: 011· BSTQCKHAM ~ 037ll6-0lIO-OOO- - 0 WilsonMIIIBr,/nc. - FL Llc.' 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Jr SI<ETCH 9CJ SSA 5 -'~~"-_._-~'-''''''-' *** OR: 3664 PG: 1478 *** ~ SSA5 Location Map GOL N GATE BLV () legend DÛ\"", [2J ~OOR_"'.""',l...... wao...R.I"''''''',,_rwRA] _lIouc.,.".."...aum",k_.~ . Fk_aVSl....IOtOhp...'..tF~4}:___ ......"'Cr_8IIII~r.oo'""~ ._IO!8I__""_t"'s.o.~~9S"'~ WilsdnMlller -- :~~]E~~ Acres SSAS: 1aS23 , .... _';>'""'" ["o'd ,_c¡""~....."""'" B G"."'..m", ¡ Prepared by: George L. Varnadoe Cheffy Passidomo Wilson & Johnson, LLP 821 Fifth Avenue South, Suite 201 Naples, Florida 34102 STEWARDSHIP SENDING AREA CREDIT AGREEMENT (BCI SSA 5) THIS STEWARDSIDP SENDING AREA CREDIT AGRE~ereinafter referred to as the "Agreement") is made and entered into this 1.!!- day of ,2004, . by and between COLLIER COUNTY, a political subdivision of the State of lorida, hereinafter referred as "County" whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and Barron Collier lnvestments, Ltd., a Florida Limited Partnership ("BCl"), hereinafter referred to as "Owner", whose mailing address is 2600 Golden Gate Parkway, Naples, Florida 34105, for the purpose of designating a "Stewardship Sending Area" ("SSA") on certain lands, referred belonging to Owner, eliminating Land Use Layers from said lands, and assigning Stewardship Credits to Owner, all pursuant to Section 2.2.27 of the Collier County Land Development Code (UDC Section 4.08.00). WITNESSETH: WHEREAS, BCl is the owner of approximately 1852.3 acres of land within the boundaries of the Rural Lands Stewardship Area Zoning Overlay District ("RLSA District") located in Collier County, Florida, which land is the subject of a Stewardship Sending Area Application (Application AR-5882) filed by Owner with Collier County, Florida; and WHEREAS, Owner has voluntarily requested that the approximately 1852,3 acres described in attached Exhibit "A" (hereinafter referred to as "BCI SSA 5") and depicted on Exhibit "B" be designated as a Stewardship Sending Area in accordance with and pursuant to Section 2.2.27.9 of the Collier County Land Development Code ("LDC") (UDC Section 4.08.06); and WHEREAS, Owner has submitted, and the County has reviewed, a SSA Designation Application filed with the County on May 4, 2004 for the BCI SSA 5 land described in Exhibit "A"; and WHEREAS, Collier County has reviewed the SSA Designation Application, along with all support documentation and information required by Section 2.2.27 of the LDC (UDC Section 4.08.00) and determined that the Owner's application is legally sufficient and should be granted; and WHEREAS, the County and Owner have reached agreement concerning the number of Stewardship Credits that are to be generated by the designation of the BCl SSA 5 described in Exhibit "A" as an SSA, and the parties further intend to specify the land uses that are eliminated from, and those land uses that remain on, BCl SSA 5; 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 UDC) 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: ·c~:':J ils- Page 1 of 6 ,·BE 1 tItJ .......... ('"--:) :::0 þ4 :z:: t;--t fD ~ -3 tILt c;- <xl = "" ---I ::;ø :;:-:: .. r-~...) c:> ~ ...... "'"3 ot-~ I"->Id <::'> ....·f c-:1 "--3 t:;II:'I ::r: t~1 <7/ <=> ;po -= ......::i t-.. ~ "" to- = = ~, "'" ...... <xl = c:> .........= "-'= == ......... <xl "-'= ~ t-o. c........ ....:::> ..¡::: "" c-T ~ r'" ~. ..¡::: ~C)(J ~. ..~ c:: ~:~ [".... >'" c:> ::c: :;: c ~ ... :A: 1--, ~ __ ø <xl :z: C'"":) "--,1 c::> = or...... ~~c:T = C) CT = ....... o.Þ c.:> (""~ ('"";) ?'~~ c:> ::::: c;-: t:-.. Þ.1 .- ."""'" "'" :.-:g~ co, o-J::: Z ..--3 -- .:< ~ ."" ..... ...... = :z: <xl = n ."" Þ<: "" ...... b1 :z: "" ø "-' = ...... ..... =..... == 1. Land Designated as SSA. BCl SSA 5, as described in Exhibit "A", consisting of approximately 1852.3 acres, is hereby designated a Stewardship Sending Area ("SSA"), and officially designated as BCl Stewardship Sending Area 5 (BCl SSA 5). Within BCI SSA 5, 196.0 acres are within a Flow way Stewardship Area, 1629.8 acres are within a Habitat Stewardship Area, and 1852.3 acres are within the Big Cypress Area of Critical State Concern. 2. Land Use Layers. The following Land Use Layers as described in the Land Use Matrix in Section 2.2.27.9.B.4 of the Collier County LDC (UDC Section 4.08.06(B)(4)) are hereby eliminated from and prohibited within the BCl SSA 5: Within BCl SSA 5, Land Use Layers 1-6, inclusive, as described in Section 2.2.27.9.B.4. of the LDC (UDC 4.08.06(B)(4)), are hereby eliminated. The remaining agricultural Land Use Layer, that is Agriculture Group - 2, cannot be expanded beyond existing areas or areas allowed to be utilized under permits existing as of the date of SSA designation on said land. 3. Natural Resource lndex Assessment. A Natural Resource lndex Assessment Worksheet ("Worksheet") for BCI SSA 5 is attached to this Agreement as Exhibit "C". The Worksheet (Exhibit "C") quantifies the number of acres by lndex Values, sets forth the level of conservation, and establishes the number of Stewardship Credits generated. ln addition, the Worksheet quantifies the number of Early Entry Bonus Credits generated by the designation of BCl SSA 5. The number of Stewardship Credits hereby generated and assigned to Owner by this Agreement for BCl SSA 5 land are two thousand nine hundred thirty eight and three- tenths (2938.3) Stewardship Credits, which may be sold, transferred, or otherwise utilized by the Owner in accordance with Section 2.2.27. of the Collier County Land Development Code (UDC Section 4.08.00). 4. Exchange Rate. The Stewardship Credits generated and assigned for the establishment of the SSA on BCl SSA 5 herein 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 a SRA. 5. Land Management Measures. Within BCl SSA 5, land management measures will be those customarily utilized in ranching operations in Southwest Florida. These customary measures may include prescribed burning, mechanical brush control ("chopping") and other exotic and nuisance species control, fence construction and maintenance, selective thinning of trees, and ditch and ranch road maintenance. 6. References. - Ver:its- CA'4J Page 2 of6 ,--_. ~.-~..-.-.,,-,.-- BE ; C> :::u C-ù ~ ~ ~ "'"t:;I C) .-.-... ~ ex:::> c::::> The references herein to the LDC prOVISIOns are those contained in Section 2.2.27. 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 BCl SSA 5. 7. Layers lncluded. The retention of any Land Use Layer also includes the retention of all Land Use Layers that are less intensive in nature and that are listed below that Land Use Layer (higher numbered layers) in Section 2.2.27.9.B.4. of the LDC (UDC Section 4.08.06(B)( 4), including the retention of Conservation Restoration and Natural Resource uses as contained in the Land Use Matrix contained in Section 2.2.27.9.B.4.b. of the LDC (UDC Section 4.08.06(B)(4)(b). 8. Restriction on Land Use Amendments. Upon designation of the land described in Exhibit "A" as an SSA, the Owner, its assigns and successors in interest to BCl SSA 5 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 designation of these lands as an SSA, the owner shall neither seek nor request, and the County shall not in violation of Sections 2.2.27.9.A.2. and 3 (UDC Section 4.08.06(A)(2)and(3), thereafter grant or approve any expansion or conversion of 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. ln 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. Easement Agreement. Attached hereto as Exhibit "D" is a copy of the Stewardship Easement Agreement that will be executed by Owner and recorded by the County upon approval of this Agreement. The Stewardship Easement Agreement grants a perpetual easement in favor of Collier County and the Florida Department of Agriculture and Consumer Services setting forth specific land management measures and the party responsible for such measures for the BCI SSA 5 land described in Exhibit "A" which is the subject of this Agreement. 11. FSAlHSA Lands. The lands within BCl SSA 5 that are within an FSA or HSA total 1825.8 acres. Exhibit "E" depicts the FSA and HSA areas within BCl SSA 5. 12. Successors and Assigns. . Ver: its- CAII4J Page 3 of6 18E c:> ::t::' ~ CJ"> CJ"> H::::> "'"t:J Q t---" H::::> ex::> ,-->. , 8,£ As used in this Agreement the term "Owner" shall include the owner, its successors and assigns of any of the BCl SSA 5 lands described in Exhibit "A", 13. Amendments. This Agreement may only be amended by written agreement of all parties. 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. WIll~ C ¿/,aM/ (Sig~re) A ç j '_A J ~ () .L Y tV . f17"tU/ (Print full name) £j¿a~';;tzf~ (Signature) , j)/ /-1 ftJ¿ ¿ , v/ (71(/,Ex. I (Print full name) Q~6 Æ~ (Si~a!ure) A S Ut-~Ly ¡r.J . JtA-W (Print full name) /' . J t.¡'í- , /lA}~M /"'~ ' ¿/t:~4<...- (Signature) þ' /}/ 19 /J-ê ¿. V/ (.,JJcÆ¡ (Print full name) By: c::> :::ö c.....> c::r. c::r. ,..J:::::. '""t::J G"') ~ ,..J:::::. 00 f'-> . Ver: its- CAIII4J Page 4 of6 STATE OF FLORlDA 1",a\'E ..~W\.-· COUNTY OF COLLIER The foregoing Stewardship Sending Area Credit Agreement was executed before me this 7 re day of ~ ' 2004, by PAUL MARINELLI, as Administrative Agent of BARRON COLLIER INVESTMENTS, LTD. ~. ~ Susan l Maturo . 'i. . My Comlnl881011 DO~3616 '\~,...I Expires October 15. 2008 STATE OF FLORlDA COUNTY OF COLLIER ~~~ Notary Public lk¿!;.uu) Name 50sIhJ t.... Certificate No. DD '3'1~ ro,~ My Commission expires 1°115 (OB The f0:;EdShiP Sending Area Credit Agreement was executed before me this 71<- day of ,2004, by KATHERlNE G. SPROUL, as Trustee for the Juliet C. Sproul Tes amentary Trust, a General Partner of BARRON COLLIER INVESTMENTS, LTD. ~;t fh~ Notary Public Name <;tJSMJ t... ~AT~ Certificate No. DC.3 ltJl My Commission expires_ ~ ~ Susan l Maturo . 'i. . My COIM'I/QIOn DO~3616 '\ ~ 'J Expires October 15. 2008 ATTESTED TO BY: DWlGHT E. BROCK, CLERK .O.c. ,~ PAT lCK G. WHlTE ASSlST ANT COUNTY ATTORNEY - Ver: its· CAlf43 Page 5 of6 ._-_.,~-~.~_. C> ::ö <..oJo 0"'10 0"'10 o-f;::::. BOARD OF COUNTY COMMlSSlONERS COLLIER C TY, FLORlDA ~d~ ""1::::J G") By: t--->. o-f;::::. ex:> <..oJo DONNA FIALA, Chairman "SE LIST OF EXHIBITS Stewardship Sending Area Credit Agreement Exhibit "A" SSA Land Legal Description Exhibit "B" BCl SSA 5 (1852.3 acre parcel) depicted on Map of SSA Land. Exhibit "C" Natural Resource lndex Assessment Worksheet Exhibit "D" Stewardship Easement Exhibit "E" FSA/HSA Lands C> :::c1 c.......> c::J"'\ c::J"'\ o,J:::::. ~ G::Io t---" o,J:::::. ex:> ,..a::=,. A:\SSA CA Area Five,doc - Ver. its- c..'" Page 6 of6 WiISl)nMiller® ,'~ 8E New Directions In Planning, Design & Engineering S.S.A. 5 EXHIBIT "A" LEGAL DESCRIPTION DESCRIPTION OF LANDS LYING WITHIN SECTIONS 28, 32 AND 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 5, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (BCI SSA 5) ALL OF SECTION 5, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA, PER THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LYING NORTH OF THE NORTH RIGHT-OF-WAY LINE OF C.R. 846 (120' RIGHT-OF-WAY); AND ALL OF SECTION 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, BASED ON THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LESS THE WEST 90.88 ACRES; AND ALL OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, BASED ON THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LESS THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, AND THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 32 ; AND THE NORTH HALF OF 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, BASED ON THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943); CONTAINING 1852 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE EAST HALF OF THE NORTH LINE OF LINE OF SECTION 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST BEING SOUTH 88°52'49" EAST. SKETCH AND DESCRIPTION WERE PREPARED WITHOUT BENEFIT OF FULL SURVEY OR TITLE SEARCH. SEE ATTACHE ETCH. WILSONMIL ,IN. . REG 1ST ENGI ~ERS AND LAND SURVEYORS C FA THORIZATION #LB-43. C> :::c:J <......> CT\ CT\ o.Þ>o o-c Q ......... o.Þ>o ex:> Ln 4-12-04 lLER, P.s.M. #5627 DATE NOT VAll . ' .191'. tHE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SUIWEYORANO> M-APPER. REF. 2H~;51- W.O.: 03312-004-000-21000 DATE:" 4/12/Ö4 f'.. - Offices strategically located to serve our clients 800.649.4336 Naple$/Corporate Office 3200 Bailey Lane, Suite 200· Naples, Florida 34105 . 239.649.4040 . Fax 239,643.5116 wl/sonmlller. com 1Q(1812OO4- 1351101 Ve<: 01!· BSTOCKHAM ~ 037116-OOQ.œO. - 0 WilsonMIIJsr,lnc. - FL Lic.' 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CD ~ Z " - I SCAlE: I" - 2000' ~"'2 .1::0 ..-'" u.!"io EXHIBIT -A- SKETCH BCI SSA 5 ~ '~1 GOL N GATE BLV SSA5 Location Map E)cH'~,.~ II OR: 3664 PG: 1487 175 OR: 3664 PG: 1488 legend Acres: SSA 5: 1852,3 Wi_Miller ~ 0irøcti0rr9 In Planfllng, Design & fnç/nHrillQ ;J,¡!OQ fI..¡I~~ LII,>Oj S~Þ;~;IO NllplN Flc,-Jo..:>4105 µ~M" ,"\II,f\,t~4f).¡O ;:C.h (?1~: U1..,q.~ _wil$Onf11II"",wrr o o Open [Z) 500ft RtI~ufltliu" ZUlla W~lor Rotgntun Arga {WRA} _ Big C',Press NaLiæal PresarV9 . FIONwav StewarshiP Ar9Q (FSA) Ñea of Critical Slate Concern . Habitat Sleward8h~ Araa (HSA) ~ SSA Boundary o 05 1 3 Mles AD'll 21,2004 DFord x \env\37813\.:;saS\ext11t1: B_. G\la'dd::B mXd ~ -0 o CO CD r I. I - N~I~~NI~~~~~~~~~~~~ø~:~o ~ . ,:..;... ':" ~. 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Z J» - c Ã1 ;:a CD III 0 m c >< "'" (") ::J: CD aJ :::J :::¡ Co CD (") >< (") <::> J» :::0 ñ c C-ù ii) CT'\ - CT'\ õ' ,.J:::=. :::J III 0--0 Q ~ ,.J:::=. ex:> ~ EXHIBIT _ J ) ;~v 8E This instrument Prepared by: George L. Varnadoe, Esq. Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108-2771 Tract: BCl SSA 5 STEW ARDSHIP EASEMENT AGREEMENT THIS STEWARDSHIP EASEMENT is granted this ~ day of ~ 2004, by Barron Collier lnvestments, Ltd., a Florida Limited Partnership ("BCl"), 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". RECIT ALS A. Grantor is the owner of approximately 1852.3 acres of land situated in Collier County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter "Property" or "BCI SSA 5"). B. Grantor and Collier County ~red into a Stewardship Sending Area Credit Agreement (ASSA Agreement@) dated ~ '"\ ,,~4 , which designated the Property "BCl Stewardship Sending Area 5" ("BCl SSA 5"). This 1852.3 acre parcel, as legally described in Exhibit "A," has been designated as a AStewardship Sending Area" "SSA" in accordance with Section 2.2.27.9. of the Collier County Land Development Code ("LDC") (UDC Section 4.08.06). The Property is depicted on Exhibit "B." a ~ <.....; 0"'" ~ o-Þ t-c::I ø C. The SSA Agreement and Section 2.2.27.9.C.8 of the LDC (UDC Section 4.08.06(C)(8» require Grantor to provide a perpetual Stewardship Easement identifying the specific land management measures for BCl SSA 5 and the party responsible for such measures'. ~ o-Þ 1...0 c::;, D. ln exchange for the designation of the Property as SSA, the County has granted and assigned to Grantor two thousand nine hundred thirty eight and three-tenths (2938.3) Stewardship Credits which will allow Grantor to entitle three hundred sixty seven and twenty-nine hundredths (366.29) acres for development within the Rural Lands Stewardship Area District. 413012004- 136865 Ver: 01 ~ BJOHNSON CA.4J 03312-004-000· - 0 Page 1 of 7 ~ 8E E. The purposes of this Stewardship Easement are: (1) to designate the allowed uses of the Property consistent with the terms of the SSA Agreement; (2) to identify specific land management measures and the party responsible for land management; and (3) to provide for the enforcement of the Stewardship Easement. NOW, THEREFORE, in consideration of the designation of the Property as Stewardship Sending Area, together with other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, creates, conveys and establishes a perpetual nonexclusive Stewardship Easement for and in favor of the Grantees upon the property described in Exhibit "A," which shall run with the land and be binding upon the Grantor, its successors and assigns and shall remain in full force and effect forever. It is agreed as follows: 1. The recitals and exhibits are incorporated by reference as if repeated verbatim herein. 2. BCl SSA 5 is legally described in Exhibit "A" and is depicted on Exhibit "B." The following previously permitted and conditional land uses are hereby eliminated from BCl SSA 5 land and the Property is henceforth prohibited from being used for the following: A. Residential Land Uses, also described as Land Use Layer 1. B. General Conditional Uses, also described as Land Use Layer 2. C. Earth Mining and Processing Uses, also described as Land Use Layer 3. D. Recreational Uses, also described as Land Use Layer 4. E. Agriculture - Group 1, also described as Land Use Layer 5. C> ::c;J F. Agriculture - Support Uses, also described as Land Use Layer 6. Lù c:J""t. c:J""t. ,..þ. þU G") All Land Use Layers are defined in Section 2.2.27.9.B.4,of the LDC (UDC Section 4.08.06(B)( 4)). 3. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not inconsistent with the Agreement or the intent and purposes of this Stewardship Easement. Grantor may use the BCl SSA 5 only for the following land uses: t--Jo. ,..þ. o....c> t--Jo. A. Conservation, Restoration, and Natural Resources Uses are allowed on all of the Property, including the specifics thereof set forth in Section 2.2.27.9.B.4.b of the LDC (UDC Section 4.08.06(B)(4)(b)), B. BCI SSA 5 land, may also be used for Agriculture - Group 2 (Land Use Layer 7) as defined in Section 2.2.27.9.B.4, of the LDC (UDC Section 4,08,06(B)(4)) 4/30/2004- 136665 Ver: 01 ~ BJOHNSON CAIJ4:! 03312-004-000- - 0 Page 2 of 7 8E · Agriculture - Group 2 uses cannot be expanded beyond existing areas or areas for which pennits exist as of the date of SSA designation of said lands. C. Owner retains the right to construct and maintain fann and ranch roads to access its lands within BCl SSA 5 for the purposes retained herein. 4. The Grantees shall have the right to enjoin any activity on or use of the Property that is inconsistent with this Stewardship Easement and to enforce the restoration of such areas or features of the Property that may be altered by any inconsistent activity or use. 5. The following land management measures shall be undertaken as to BCI SSA 5 and the Owner of the fee title to the Property shall be the party responsible for such measures: In BCl SSA 5, on which Agriculture - Group 2 uses are the only remaining agricultural uses, land management measures will be those customarily utilized in ranching operations in Southwest Florida. These customary measures may include prescribed burning, mechanical brush control ("chopping") and other exotic and nuisance species control, fence construction and maintenance, selective thinning of trees, and ditch and ranch road maintenance. 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 2.2.27. of the Collier County Land Development Code in existence as of the date of this Stewardship Easement Agreement and those LDC provisions shall control as to all rights, obligations, implementation, entitlements, land uses eliminated and permitted, and interpretations, requirements, or issues relating thereto, notwithstanding any future amendments thereto. C> :::0 c......> CJ'""o CJ'""o ~ o-u G"") 9. Enforcement of the terms and provisions of the 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 otherwise, the tenns and restrictions of this Stewardship Easement shall be borne by and recoverable against the non-prevailing party in such proceedings. ~ ~ '-..D ["'-J 1 O. Grantees will hold this Stewardship Easement for the purposes set forth herein and to ensure compliance with the tenns hereof. Grantees will not assign their rights and 4/3012004- 136865 Ver: 01!- BJOHNSON c....,4J 03312-004-000. - 0 Page 3 of 7 ~ BE obligations under this Stewardship Easement except to another organization qualified to hold such interests under the applicable state laws. 11. If any provision of this Stewardship Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Stewardship Easement shall not be affected thereby, so long as the purpose of the Stewardship Easement is preserved. 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 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. TO HAVE AND TO HOLD unto Grantees, their successors and assigns forever. These covenants, terms, conditions, restrictions and purposes imposed with this Stewardship Easement shall not only be binding upon Grantor, but also its successors and assigns, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with Grantees that Grantor is lawfully seized of the Property in fee simple; that the Property is free and clear of all encumbrances; that Grantor has good right and lawful authority to convey this Stewardship Easement; and that Grantor hereby fully warrants title to the Stewardship Easement hereby conveyed and will defend same against the lawful claims of all persons whomsoever. ~I:rNESS WHEREOF, the Grantor has hereunto set its hand and seal the 71< day of ~ ,2004. c::> ::0 WlßSSES: / ~{;.A~~ (S~ure) A ,¿ () I... Y u . ç' f1 r4-<--J . (Print full name) £;~X~- (Signature) ,/ -. 1)/ j(hJE ¿. 1//6 -1/ê/~.j (Print full name) oC...ù 0""1 0""1 ~ ""l:::j ~ f--.>o ~ '-.0 oC...ù P . Marinelli dministrative Agent 413012004- 136665 Ver. 01 ~ BJOHNSON e"43 03312-004-000- - 0 Page 4 of 7 ;j~ 8E 7tESSES: . t A1~ (Signa~ A ft¡4<J [A-Y2 OÀ-y U . ~ (Print full narrÍe) ¿)¿,g<¿;/ U;J'ZVJ- (Signature) ,_ '" - / I/I'A¡-/~ L)/ /:h..)/::::" L . r / 0 "V <:::Je / (Print full name) BARRON COLLIER lNVESTMENTS, LTD., A Florida Limited Partnership By: atherine G. Sproul, rustee Juliet C. Sproul Test mentary Trust a General Partner STATE OF FLORIDA COUNTY OF COLLIER TæSteWaIdShiP Easement Agreement was executed before me this 1!: day of , 2004, by PAUL J. MARINELLI, as Administrative Agent of BARRON COL IER INVESTMENTS, L ro. ~ rt.~ Notary Public Name SÙSiHJ l... rnATvlèb Certificate No.-.DD :J~ 3~~ My Commission expires ~/()a J'.,P ~ Susan l Maluro ; ~ .; My CommeSlIOl1 D03-i3616 "-;. 0, ,.." Expires October' 5, 2008 CJ ::u STATE OF FLORlDA COUNTY OF COLLIER <....0..> a--. a--. ~ ~ StewaIdsrup Easement Agreement was executed before me this 11l. day of 2004, by KATHERINE G. SPROUL, as Trustee of the Juliet C. Sproul Testamentary Trust, a General Partner of BARRON COLLIER lNVESTMENTS, LTD. ~~.~ Notary Public Name &Jsff1..} ~, (riA ruJ€.ð Certificate No. D]> 3 I" My Commission expires '"1::J C) t---" ~ '-.0 ~ J"tÞ-' ~ Susan l Maturo . ~ . My CornmeS8IOI1 D03-i3616 ~..., I "', 0;"''' Expires October 15, 2008 4/30/2004- 136665 Ver: 011- BJOHNSON CA*43 03312-004·000- - 0 Page 5 of 7 8E GRANTEES' ACCEPTANCE OF STEWARDSIDP 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 Stewardship Easement Agreement. FLORIDA DEPARTMENT OF AGRICULTURE AND ~o UME 1\ FAIRS ~~ ~ 4.- By: /~ Its: þJ(~ ð f IW"":AJ ,'.s.-/¡¿40N KC1 ins ~ ignature) . .::Jô¡" ~ 111. t:? 5 f'<jq,.Þ1 (Print full name) STATE OF FLORIDA COUNTY OF LEON he foregoing Agreement was executed before me this it/¡ day of~, 2004, by' . ç>f the Florida Department of Agriculture and Consumer Af <::> ::=t:=' Lù c::T-. c::T-. ,..¡:::. , as '""0 ~ I--" ,..¡:::. '-.D ~ ¥ /<~~tf~~;:.". Karen A. Meyer {..f'h:'··f..~ MY COMMISSION # CC949622 EXPIRES ;'~~"~':i¡ October 20, 2004 ....'~;,9f::t~'rJ$.~·.. BONDED THRU TROY FAIN INSURANCE, JNC 4/30/2004- 136865 Ver: 01 ... BJOHNSON C...'43 03312-004-000-- 0 Page 6 of 7 ATTESTED 1,Q,8;X;: ""," ·~1r~^ :""11 ,.,' \ 'I'~"""v t.'';:ß I"",; '~ ,h,. ,t:¡/~~ .:.. ':,,\'~ ~.....~ ,."~.:;':l~ 1- ·A~~···· .·"/~~~:,T;i··~{l,\. - ~'" --~ . ,,,",,,. r-. ." '" 'f-I.(. lOPí;r·.Ef,J? . .,:;; :~tK' At~··¥$'~~~Cb~~·s APP~~,qRM AND LEGAL SÚPFICrÉÑCy: ~ITE ASSISTANT COUNTY ATTORNEY 4/3012004- 136855 Ver: 01 ~ BJOHNSON CA#4J 033' 2-004-000- - 0 Page 7 of 7 8E BOARD OF COUNTY COMMlSSlONERS COLLIE?gR UNTY, FLORIfA.. ~ d4..~ By: DONNA FlALA, Chairman C> ::0 c......> CT'Io CT'Io o-Þo "'"t::J Q ........... o-Þo '-D CT'Io Exhibit "A": Exhibit "B": A:\S Ease Agr Five,doc 4/30/2004- 136855 Ver: OH BJOHNSON CA043 03312-004-000- ~ 0 '8f STEWARDSHIP EASEMENT AGREEMENT SSA Land Legal Description BCl SSA 5 (1852.3 acre parcel) depicted on Map of SSA Land. c::> :::::cø 0..> 0--. 0--. ...¡:::.. ~ Ç) I--->- ...¡:::.. ...c> --.J DESCRIPTION OF LANDS LYING WITHIN SECTIONS 28, 32 AND 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 5, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (BCI SSA 5) ALL OF SECTION 5, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA, PER THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LYING NORTH OF THE NORTH RIGHT-OF-WAY LINE OF CR. 846 (120' RIGHT-OF-WAY); AND ALL OF SECTION 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, BASED ON THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LESS THE WEST 90.88 ACRES; AND ALL OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, BASED ON THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LESS THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, AND THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 32 ; AND THE NORTH HALF OF 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, BASED ON THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943); CONTAINING 1852 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE EAST HALF OF THE NORTH LINE OF LINE OF SECTION 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST BEING SOUTH 88°52'49" EAST. SKETCH AND DESCRIPTION WERE PREPARED WITHOUT BENEFIT OF FULL SURVEY OR TITLE SEARCH. SEE ATTACHE ETCH. WILSONMIL , IN REG 1ST ENGI EERS AND LAND SURVEYORS C FA THORIZATION #LB-43. : ~' I 4-12-04 NET LLER, P.S.M. #5627 DATE NOT VAL!, 'V fUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. REF. 2H- 51 W.O.: 03312-004-000-21000 DATE: 4/12/04 WilSÔnMiller@ ".. New Directions In Planning, Design & Engineering S.SA 5 EXHIBIT "A" LEGAL DESCRIPTION , Offices strategically located to serve our clients 800.649.4336 Naples/Corporate Office 3200 Bailey Lane, Suite 200. Naples, Florida 34105 . 239.649.4040 . Fax 239.643.5116 wl/sonmlller. com 1()(1812OO4- 135901 Ve<: 01!· BSTOCKHAM CM43 03786-000-00O- . 0 WilsonMlI/ør.lnc. - FL Lic.' 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