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Agenda 09/23/2008 Item #16B 4Item # 1664 September 23, 2008 Page 1 of 19 EXECUTIVE SUMMARY Recommendation to grant a Deed of Conservation Easement to the South Florida Water Management District (SFWMD) for the 98.4 acre and 10.5 acre mitigation parcels for the Lely Area Stormwater Improvement Project (LASIP) located in Collier County, Florida. OBJECTIVE: To gain approval from the Board of County Commissioners to grant a Deed of Conservation Easement to the South Florida Water Management District (SFWMD), to comply with their Permit No. 11-01140-S requirements, for the development of the Lely Area Stormwater Improvement Project (LASIP) in Collier County, Florida, project number 51101. CONSIDERATIONS: As part of the permitting for the LASIP site, the SFWMD requires that a Conservation Easement be granted before an environmental resource permit is granted and construction commences. The SFWMD, the Stormwater Management Department, and the County Attorney's office have reviewed and recommend approval of the attached Conservation Easement outlining the responsibilities of each party. The Conservation Easement shall run with the land and remain in full force and effect forever. LEGAL CONSIDERATIONS: As with most standard form conservation easements, this easement can be amended or revoked only by written agreement between both parties. This item has been reviewed for legal sufficiency and is legally sufficient for Board action. -JW FISCAL IMPACT: Funding for the Conservation Easement recording is available in Fund 325 Lely Area Stormwater Improvement Project (Project No. 51101). The source of funding is ad valorem taxes. GROWTH MANAGEMENT IMPACT: This easement complies with the requirements of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves the attached Conservation Easement to SFWMD and authorizes the Chairman to execute the Conservation Easement on behalf of the Board; directs the County Manager or his designee to proceed to follow all appropriate closing procedures, and to record the Conservation Easement in the public records. Prepared By: Margaret A. Bishop, Senior Project Manager, Transportation Services Division, Stormwater Management Section Attachments: (1) Conservation Easement, (2) Exhibit A, Parent Parcels, (3) Exhibit B, 98.4 acre parcel, (4) Exhibit C, 10.5 acre parcel Item # 16134 September 23, 2008 Page 2 of 19 Recommendation to grant a Deed of Conservation Easement to the South Florida Water Management District (SFWMD) for the 98.4 acre and 10.5 acre mitigation parcels for the Lely Area Stormwater Improvement Project (LASIP) located in Collier County, Florida. Prepared By: Department Date Road Maintenance 9/5/2008 11:08:20 AM Approved By: Department Approval County Attorney Approved Date 9/13/2008 11:42 AM Approved By: Department Approval Date Transportation Approved 9/15/2008 9:01 AM Approved By: Department Approval Date Office of Management and Approved 9/15/2008 4:31 PM Budget Approved By: Department Approval County Manager's Approved Office ATTACHMENTS: Date 9/15/2008 6:40 PM Name: Description: Type: D ES5FS" MDQEI ASiP99acres(9 OB) doc 12- Executive Summary Executive Summary 6 Deetl of Conservation Easement odf Deed of Conservation Easement Backup Material D Exhibit A Parent Parcels doc Exhibit A Exhibit D Exhibit B LASIP CE 99 acre Exhibit B Exhibit description odf D Exhibit C LASIP CE 10 acre Exhibit C Exhibit dew . hrio'on odf DEED OF CONSERVATION EASEMENT Return recorded document to: South Florida Water Management District 3301 Gun Club Road, MSC 4210 West Palm Beach, FL 33406 THIS DEED 9th OF Item # 16134 September 23, 2008 Page 3 of 19 CONSERVATION EASEMENT is given this day of September , 20 06 by Collier County 3301 East Tamiaml Trell FL 34112 ( "Grantor") is "Grantor' shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term 'Grantee" shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Collier County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein ( "Property"); and WHEREAS, the Grantor desires to construct ("Project') at a site in Collier County, which is subject to the regulatory jurisdiction of South Florida Water Management District ( "District"); and WHEREAS, District Permit No 11. 01140 -S ( "Permit') authorizes certain activities which affect surface waters in or of the State of Florida; and tLam Form 1191 (01/2007) Deed of Conservation Easement - Standard Passive Recreational Page 1 of 9 Item # 16B4 September 23, Page 4 of 19 WHEREAS, this Permit requires that the Grantor preserve, enhance, restore and/or mitigate wetlands and /or uplands under the District's jurisdiction; and WHEREAS, the Grantor has developed and proposed as part of the Permit conditions a conservation tract and maintenance buffer involving preservation of certain wetland and /or upland systems on the Property; and WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual Conservation Easement defined in Section 704 06, Florida Statutes, over the area described on Exhibits ^B• + ^c" ("Conservation Easement) NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual Conservation Easement for and in favor of the Grantee upon the property described on Exhibit "B,�whii h„ II run with the land and be binding upon the Grantor, and shall remain it full fob an effect forever. The scope, nature, and character of this Conservation Easement shall be as follows: 1. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made a part of this Conservation Easement. 2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife, Those wetland and/or upland areas included in the Conservation Easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit To carry out this purpose, the following rights are conveyed to Grantee by this easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Conservation Easement that may be damaged by any inconsistent activity or use. 3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, or ..laC. Forth 1191 (012007) Deed of conservation Easement- Standard Passive Recreations] Page 2 of 9 Item # 1664 September 23, 2008 Page 5 of 19 other activities described herein that are permitted or required by the Permit, the following activities are prohibited in or on the Conservation Easement: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural or enhanced condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; g. Acts or uses detrimental to such aforementioned retention of land or water areas; h.. Acts or uses which are detrimental to the preservation of the structural integrity or physical appearance of sites or properties having historical, archaeological, or cultural significance.. 4. Passive Recreational Facilities. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and that are not inconsistent with any District rule, criteria, the Permit and the intent and purposes of this Conservation Easement. Passive recreational uses that are not contrary to the purpose of this Conservation Easement may be permitted upon written approval by the District. a. The Grantor may conduct limited land clearing for the purpose of constructing such pervious facilities as docks, boardwalks or mulched walking trails. b. The construction and use of the approved passive recreational facilities shall be subject to the following conditions: i. Grantor shall minimize and avoid, to the fullest extent possible, impact to any wetland or upland buffer areas within the Conservation Easement Area and shall avoid materially diverting the direction of the natural surface water flow in such area; Form 1191 (012007) Deed of Conservation Easement - Stantlard Passive Recreational Page 3 of 9 Item # 16B4 September 23, 2008 Page 6 of 19 ii. Such facilities and improvements shall be constructed and maintained utilizing Best Management Practices; iii. Adequate containers for litter disposal shall be situated adjacent to such facilities and improvements and periodic inspections shall be instituted by the maintenance entity, to clean any litter from the area surrounding the facilities and improvements; iv. This Conservation Easement shall not constitute permit authorization for the construction and operation of the passive recreational facilities_ Any such work shall be subject to all applicable federal, state, District or local permitting requirements. 5. No Dedication. No right of access by the general public to any portion of the Property is conveyed by this Conservation Easement. 6. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. T Property Taxes. Grantor shall keep the payment of taxes and assessments on the Easement Parcel current and shall not allow any lien on the Easement Parcel superior to this Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in addition to any other remedy, the Grantee may, but shall not be obligated to, elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by Grantee, together with Grantee's reasonable attorney's fees and costs, with interest at the maximum rate allowed by law, no later than thirty days after such payment. In the event Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute a lien against the Easement Parcel which shall automatically relate back to the recording date of this Easement_ Grantee may foreclose this lien on the Easement Parcel in the manner provided for mortgages on real property. 8. Enforcement. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 9. Assionment. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to another organization or entity qualified to hold such interests under the applicable state laws. 10. Severability. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. -1+4 °z Forth 1191 (OWDW) Deed of conservation Easement - Standard Passive Recreational Page 4 of 9 Item # 1684 September 23, 2008 Page 7 of 19 11 Terms Conditions Restrictions, Purpose. The terms, conditions, restrictions and purpose of this Conservation Easement shall be inserted by Grantor in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Conservation Easement. Any future holder of the Grantors interest in the Property shall be notified in writing by Grantor of this Conservation Easement 12. Written Notice. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed property given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor -in- interest. 13. Modifications. This Conservation Easement may be amended, aftered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in- interest, which shall be filed in the public records in Caner County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property, Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Conservation Easement is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement; and all mortgages and liens on the Conservation Easement area, if any, have been subordinated to this Conservation Easement; and that Grantor has good right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Collier County (Grantor) has hereunto set its authorized hand this day of , 20 a political subdivision of the State of Florida, By: Name: Tom Henning (prim) Title: Chairman, Board of County Commissioners flslydtlSl.D4]I _� Form 1191 (oir"7) Deed of Conservation Easement - Standard Passive Recreational Page 5 of 9 Item # 1664 September 23, 2008 Page 8 of 19 Signed, sealed and delivered in our presence as witnesses: By: By: (SignaNro) (Swaturs) Name: Name: (Print) (Print) STATE OF FLORIDA SS: COUNTY OF On this day of 20 before me, the undersigned notary public, personally appeared , the person who subscribed to the foregoing instrument, as the Chairman (title), of Collier County Board of County Commissioners (88FPS at1SA) e- ---Flerid- as per oleo rtr and acknowledged that he/she executed the same on behalf of said Grantor eerpem ierrand that he /she was duly authorized to do so. He/She is personally known to me or has produced a (state) driver's license as identification. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA (signature) Name: (Print) My Commission Expires: .-------------- — Approved as to form and legal sufficiency leff E. Wright, Assistant County Attomey Form 1191 (0112007) Deed of Consen stion Easensnt- Standard Passive Recreational Page 6 of 9 Item # 1664 September 23, Page 9 of 19 MORTGAGEE JOINDER, CONSENT AND SUBORDINATION For Ten Dollars ($10.00) and other good and valuable consideration, the ACV and receipt of which are hereby acknowledged, the owne and holder of a mortgage dated principal mount of $ ( "Grantor") to ( "Mortgagee "), enc bering the ( "Property"), whi is with that certain Assign nt of certain GCC -1 Financing S1 in the original given by al prdperty described on txnlDlt "A artacneo nereto recorded in Official Records Book at Page (together Lases and Rents recorded in Official Records Book at Page and those ement(s) recorded in Official Records Book _, at Page ), all of the Public Records of County, Florida (said mortgage, assignment of leases AQd rents, and UCC -1 Financing Statements, as modified, are hereinafter referred to a he Mortgage ), hereby joins in, consents to and subordinates the lien of its Mortgage, sit has been, and as ft may be, modified, amended and assigned from time to ti V ng Conservation Easement, executed by , in favor of the South Florida Water Managecable to the Conservation Easement, as said Conservation Easemed, amended and assigned from time to time, with the intent that the subject and subordinate to the Conservation Easement IN WITNESS WHEREOF, this Mortgagee Joind ,Consent and Subordination is made this day of _ , 20 By: (Signature) Name: drip Title: WITNESSES: By: By: (Signature) (Slgnalwe) Name: Name: (Print) Forth 1191 (01/1007) Dead of Conservation Easement - Standard Passive Recreational Page 7 of 9 TE OF FLORIDA 1Y OF The foregoln instrument was acknowledged before me this day o Mortgage), on behalf of the me or has produced a as identification- IN WITNESS WHEREOF, I hereunto set my hand and NOTARY PUBLIC, STATE OF FLORIDA Name: My Commission Expires: 20 , (print name), _ (title) of seal. Item # 1664 September 23, 2008 Page 10 of 19 by as (Grantor of (state) driver's license Form 1191 (012007) Dead of conservation Easement - Standard Passive Recreational Page 8 of 9 EXHIBIT A [DESCRIPTION OF PROPERTY] Form 1191 (012007) Deed of Conservation Easement - Standard Passive Recreational Page 9 of 9 Item # 16B4 September 23, 2008 Page 11 of 19 Item # 16134 September 23, 200E Page 12 of 19 EXHIBIT "A" PARENT PARCELS (From Warranty Deed recorded in O.R. Book 3091, Page 2521) All of that land lying in the North 1/2 of Section 15, Township 50 South, Range 26 East, Collier County, Florida, (North Parcel) described as follows: Beginning at the Northeast corner of Section 15, Township 50 South, Range 26 East, Collier County, Florida, thence along the North line of Section 15, South 87 037'14" West 100.16 feet to the West right -of -way line of State Road 951 for a PLACE OF BEGINNING: then along the West right- of-way line South 00 051'53" West 892.87 feet; thence South 87 043'59° West 4870.63 feet to the West line of Section 15; thence along the West line of Section 15, North 00 °1523" West 882.49 feet to the Northwest comer of Section 15; thence North 87 °37'14" East 4888.46 feet to the PLACE OF BEGINNING. LESS AND EXCEPTING THEREFROM the East 25 feet previously conveyed to Collier County by Special Warranty Deed recorded in O.R. Book 2487, Page 3087, as re- recorded in O.R. Book 2492, page 420, Public Records of Collier County, Florida. (From Warranty Deed recorded in O.R. Book 2645, Page 2641) The Southeast'/. of the Southeast ''% of the Southeast'/. of Section 9, Township 50 South, Range 26 East, Collier County, Florida. -- — — — »m #1m4 September 23 Page gyg r \ { \\ \\ i ■ | � M \|) \(! � | �/| j - - -_ - - -- ` Lj . - - -- A. z § - - -- ! ) |.! e - � A q //q - -� —t7 j I ®w E ■ q ; § ■ | \ � � 4 a ! Z 2 . z . } \) kz $° �0 or (& !b Item- #1664 September 23, 2008 Page 14 of 19 W Pj m Y+ F j ; Sf gli Z - jjj }1 ! I I II II Q S N2� tt 2 � N W es❑ U J O If Ill pJ d'N Wyj4 p H P m 0❑ W 2 R4 O I�❑a Oo❑ 'j OW N W ti m W m Z `j%Z V W ❑ Z In U d❑ N W O W W m W^ u J ? W I� V OP �JI I'IJN m �N lJ 4 P r0 4 W U W }O F J N F� W %� tt W W NpU III Q'} 'TO Q W0V 2 - NWWWWW S WOV �IWiWW NP 2 Z QJ~ ❑r❑ J dp W ❑U ❑ Q�//.S U'� '2 J❑ Q 2Z W F NO O I`ZPi J QW� nPmN Od' ❑ W j Z.. W Q J W O W N N 6 W W y W W N Z 2^ d'WN 5 O WUyI QIO N WW {� V Q2 'L¢ o U e ZZ, ?NW i.; d'W Z V 1-QFQ ZI- IZ W. 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M. )) \f § ( � ,a t§ &� ! k § Bk §� , .| 5ye Item # 1664 September 23, 2008 Page 16 of 19 EXHIBIT "A" PARENT PARCELS (From Warranty Deed recorded in O.R. Book 3091, Page 2521) All of that land lying in the North '/2 of Section 15, Township 50 South, Range 26 East, Collier County, Florida, (North Parcel) described as follows: Beginning at the Northeast corner of Section 15, Township 50 South, Range 26 East, Collier County, Florida, thence along the North line of Section 15, South 87 °37'14" West 100.16 feet to the West right -of -way line of State Road 951 for a PLACE OF BEGINNING: then along the West right -of -way line South 00 051'53" West 892.87 feet; thence South 87 043'59" West 4870.63 feet to the West line of Section 15; thence along the West line of Section 15, North 00 °15'23" West 882.49 feet to the Northwest corner of Section 15; thence North 87 °37'14" East 4888.46 feet to the PLACE OF BEGINNING. 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