Resolution 2001-390
RESOLUTION NO. 2001 - .J.SJL
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CONVEY A CONSERVATION EASEMENT TO SOUTH
FLORIDA WATER MANAGEMENT DISTRICT REQUIRED
FOR THE CONSTRUCTION OF THE COLLIER COUNTY
ANIMAL SHELTER.
WHEREAS, the Board of County Commissioners of Collier County Florida, hereinafter referred to as
the "Board", desires to construct the Collier County Animal Shelter 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. 11-01709-P ("Permit") authorizes certain activities which affect waters
in or of the State of Florida; and.
WHEREAS, the Permit requires the Board to preserve, enhance. restore, andlor mitigate wetlands
andlor uplands under the District's jurisdiction; and,
WHEREAS, the Board is the fee owner of certain lands situated in Collier County. Florida and more
specifically described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter referred
to as "Property"); and,
WHEREAS, the Board has developed and proposed as part of the Permit conditions a conservation tract
and maintenance buffer involving preservation of certain wetland andlor upland systems on the Property; and.
WHEREAS, the District is in agreement to accept the Conservation Easement over and above the
Property; and,
WHEREAS, the Board, in consideration of the above agreement. is willing to grant to the District a
perpetual conservation easement as defined in Section 704.06. Florida Statutes (1995), over and across the
Property; and,
WHEREAS, the Board, as fee owner, shall assume the operation, upkeep or maintenance of the
Property in accordance with the provisions outlined in the Permit; and,
WHEREAS, pursuant to the Permit. the Conservation Easement for and in favor of the District shall run
with the land; and.
WHEREAS, pursuant to Section 125.35, Florida Statutes, the Board has determined it is in the best
interest of the public to convey the Conservation Easement to the District.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners agrees to convey the attached Conservation Easement
between Collier County and District.
2. The Chairman of the Board of County Commissioners of Collier County. Florida, is hereby
authorized to execute the attached Conservation Easement.
This. Resolution adopted this ~ day of (f)~, 2001 after motion, second and
majoritt _~e.( ~ ~>
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AT~ST:':',;:: ", (<",
D~GHt.E>BR6<tK. <jerk
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Project: CC Animal Shelter
Folio: 00406680008
Permit: 11-01709-P
Pr.p.r.d bll
Ellen T. Ch.dwell. Esqutr.
Offiee of the County Attorney
3301 Elst Tamia~l Trlil
Naples, Florida 34112
(941) 774-8400
Standard Form - June 2000
CONSERVATION EASEMENT
THlS .G.QNSERVATION EASEMENT is given this ~ day of
~ , 2001, by (name) Collier County Board of County
Commissioners (address) 3301 Tamiami Trail East, Naples. FL 34112
("Grantor") to the South Florida Water Management District ("Grantee"). As used
herein, the term Grantor shall include any and all heirs. successors or assigns of
the Grantor. and all subsequent owner 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 ("Proper1y"); and
WHEREAS, the Grantor desires to construct (name of project) Collier County
Animal Shelter ("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. 11.01709.P ("Permit") authorizes certain activities
which affect waters in or of the State of Florida; and
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, in consideration of the consent granted by the Permit, is
agreeable to granting and securing to the Grantee a perpetual conservation
easement as defined in Section 704.06, Florida Statutes. over the Property.
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 is hereby acknowledged, Grantor hereby grants, creates,
and establishes a perpetual conservation easement for and in favor of the
Grantee upon the Property which shall run with the land and be binding upon the
Grantor, and shall remain in full force and effect forever.
The scope, nature, and character of this conservation easement shall be as
follows.
1. 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
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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 Property that
may be damaged by any inconsistent activity or use.
2. Except for restoration. creation, enhancement. maintenance and
monitoring activities, or surface water management improvements,
which are permitted or required by the Permit. the following activities
are prohibited in or on the Property:
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 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 any
features or aspects of the Property having historical or
archaeological significance.
3. 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
which are not inconsistent with any District rule, criteria. permit and the
intent and purposes of this Conservation Easement.
4. No right of access by the general public to any portion of the Property
is conveyed.
5. Grantee shall not be responsible for any costs or liabilities related to
the operation, upkeep or maintenance of the Property.
6. Grantor shall pay any and all real property taxes and assessments
levied by competent authority on the property.
7. Any costs incurred in enforcing, judicially or otherwise, the terms.
provisions and restrictions of this conservation easement shall be
borne by and recoverable against the nonprevailing party in such
proceedings.
8. 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
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not be deemed or construed to be a waiver of Grantee's rights
hereunder.
9. 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 qualified to hold such interests under the applicable state
laws.
10. 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.
11. Grantor shall insert the terms and restrictions of this conservation
easement in any subsequent deed or other legal instrument by which
Grantor divests itself of any interest in the property.
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 conservation easement may be amended. altered, 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 Collier County.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms,
conditions, restrictions and purpose 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 Property is free and clear of all
encumbrances that are inconsistent with the terms of this conservation easement
and all mortgages have been joined or subordinated; that Grantor has good right
and lawful authority to convey this conservation easement; and that it hereby fully
warrants and defend the title to the conservation easement hereby conveyed
against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF the said Grantor has caused these presents to be
executed in its name by its Board of County Commissioners acting by the
,...."Chairman or Vice Chairman of said Board, the day and year aforesaid.
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ATnisT~
DWIGHTE. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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JAMES ARTER, PH,D.. HAIRMAN
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