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Agenda 01/15/2008 Item #16D36 ,5 2008 1 of 140 EXECUTIVE SUMMARY Recommendation to approve the amended Barefoot Beach Preserve Park Land/Use Management Plan with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. Obiective: To have the Board of County Commissioners approve the amended Barefoot Beach Preserve Park Management Plan. Considerations: In 1990 the Board of County Commissioners entered in to an agreement with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida to lease for 50 years, 156 acres of environmentally sensitive land adjacent to the county owned Barefoot Beach Preserve Park. Pursuant to this agreement Collier County was required to author a Land/Use Management Plan for the area. The Land Management plan is to be updated every 5 years. The management plan was submitted to the state within this time frame however the State did not approve the Management Plan due to on going litigation. Since the submittal of the plan in 2005 there have been additional amendments that have to be made and they are as follows: A. Acquisition of a 1.69 acre parcel of property within the State owned leased land. B. Management Plan for the 1.69 acre parcel of property within the State owned leased land, The "Preserve the Preserve" Barefoot Beach Outparcel Land Management Plan. C. Construction of an outdoor education/interpretive chickee in the 1.69 acre parcel D. Development of a "loop trail" connecting the Alice and Harold Saylor Nature Trail with the Coastal Strand and Maritime Hammock on the East side of the Preserve. This trail is approximately 2 miles long E. The construction of a back-bay pier and walk way that will give residents and visitors an opportunity to experience this unique resource. The boardwalk will provide an area for temporary docking of vessels to give the public another way to access the beach by arriving by boat. Fiscal Impact: There is no Fiscal Impact to the Management Plan. Growth ManaQement Impact: The Barefoot Beach Preserve Park is listed in the Collier County Growth Management Plan. LeQal Considerations: The ongoing litigation has been resolved. Recommendation: That the Board of County Commissioners approves the Barefoot Beach Preserve Park Land Use/ Management Plan. Prepared by: Nancy Olson, Parks and Recreation ~'3n'~:ar) le:r. f,!::.'. -iC~-! -''-'j :2 Ci: l Page 1 of 1 :U3'T: ~';- ::) 5. 2CJ3 ::i:'I,-': :::: ~If '; :J COLLIER COUNTY :;8_L,F::J G!=:G:'_H~;Y ::Cl1l.1>J;iSSIOI'l!E:RS Item Number: 1)'--..',)'-" Item Summary: P,ecomms;::ic11::.'n to arp~ :JVe the 3t1ler,:J::;ci Sarebot 5S2Ch Pr~se~vE F'2rk Land/Use rJ:2na9(~~:';ert P.8n ~",'ith ti1e Board of Tp-~:E:ees of the internalln1;:iroverilE:nt Trust Fund of th9 SElle::f rier!::;] Meeting Date: ~/i 5'.2DOb ?CJGC J:.JJI Approved By r\'lurdo Sr~;th 3;;ach 2~lC~ VVater S~Jper;:l:;;,nd8nt Date Pu.':llic S0rvi:;es F'ar"ks ai-td R'7!cr8atian 1'I'30/20G7 2:42 Pl~ Appn)\'ed B) Kzthy Car;)en',e, ~ .0::;,;::'/", ~e:;~(.:",'''\' D:.te PL:b!ic Servi,:~€s PL~jii~; S0rv'ic:~'s f~ :!:r;in. 1 ~/3Q";;:007 4:3S PM Approved By r!:cr:a F'3:T<'C')' ?~J~',iiC 3srvic:es A.~trni:':"~:''"tor ,-.a;e PUb;'::; S0rvi::es r'l!t)[>::. S'2~\'t:S's Ad~,-,in. "::::111;:::0::7 ~::07 PM Appron~d By :::.~,:iY 'N;!:i2~;1<~ :;';';,(1, ,-,,,,,~ ::='L:hk: ~>er\'i:'",:'s r'-, 'T.5 ':')c) ;J"~'{;'<'i:;C"'l ~:;~.:..,':;):',T 8 <<il.L;1j Approved By Rc,:)',< ,'-~. Z2::;:~,":r)' {..''" 'S';:Cir ,.:,y_;r<\" p,".-:; ~~:'j _~:'2 '::':)~i"..y!!.t:():-l;-: y ., , : :~\:-y t 7' ::;,'-,: ,-"r::: ...'I( ::C:,,'):!,:;:-!'.!i Approved By ..,;::;-<::; :!:," ,~, :" " ~ -.; r.j~':! ~-: 'S t" ,.j'-'J ~ ';'-j "T':<;-: ',d,; ':~;;::I 0:::2 Kif Approved By .... :-,',v ;. :' .~)( - - . ,;";j'e', ,SII" ::~ ::;UCj~Y;i. ""i~;j:" C".l '..... C'''. : t ,,' :'./~:,,, . ~ '", ,I i,i,. .., ';-,-'. &. :':':1: r,_' .~i ., ;:,'1 r'ii Approved By ,\",::::-;:,;',,1 S,:1'/i-('1f!S' ';'c ',: _" 1; _ =. ;:;.,?t :,.; ~~~y :J:;Le (;O'Jr:~y i\r;"r:2;,si"S C. ,:;.j,.~ u, <:::: 0' :-;:3:;0;:: ';"2<'t :~_'.': 2, '~2.'::::{)S :: ,', S Pfif: A.ppr-o,'cd B)' J""r:(;s '/ r:"iudci :::;'.11-,::, r/,~:ia;S" [:'at.e 80'-1(1:: ,::]f ::::;:;um/ CC;~lnt;. 1\',3r':>U",I-'S::.:i1ice :::,'~')GS E:1~ ~'i~i C or7H'-';S~~: c' ~ er5 filf'o//("\A o(-~n(bTe,t\F',T)nrt'\q~_l:1nlt:-ln'()/;:" -"1() 1';;; ()i;..!n!nn~\ 1 h 0;;" !()(~()N,FNTo/1) !OAr; ]:'NT) A\,1 I jOnnnR !tem hJ::.'. 16D~E; .LSrlU3;-Y >:: ~.:'OCj8 4 of 1-""0 Barefoot Beach Prescrve County Park Land Management Plan Exccutive Summary Lead Agency: Collier County Parks and Recreation Common Name of the Property: Barefoot Beach Preserve County Park Location: Collier County, Florida Sections 8 and 17, T48S. R25E (See Appendix A for map) Acreage Total: 342 (See Appendix B for Legal Description) Acreage Breakdown: Land Cover Classification Beach Coastal Strand Maritime Hammock Estuarine Swamp Total State County Owned Owned Acreage Acreage 10 7 10 12' 252 0 III 167 156 186 Leasc: Lease #3868 (See Appendix C for Lease Agreement) Use: Single use for preservation and passive recreation preserve Management Rcsponsibilities: Collier County Board of County Commissioners, Lessee Collier County Parks and Recreation Department, Lcad Management Agency Land Preservation and Outdoor Passive Recreation Preserve None None None Environmental Lands Program: Fee Simple Natural: Beach, Dunc. Coastal Strand, Maritime Hammock, Mangroves One known archaeological site/Calusa The Preserve is not in an aquatic preserve or in an area of critical state concern. Barefoot Beach Preserve is considered Outstanding Florida Waters by the Department of Environmental Regulation, as listed in Chapter 17-302.700(9). Florida Administrative Code. Dcsignated Land Use: Sublease(s): Contract(s): Encnmbrances: Typc Acquisition: Unique Features: Archa eo logical/H isto rica I: Aquatic Prescrve/Critical State Concel'n: I This includes the small area impacted with parking, restroollls, etc. : This includes the negligible area of hammock owned by the County that lies vvithin the County-owned out parcel. ',bD C, ~). 2'J ') ?cEE :. Cif i Managemcnt Necds: Exotic plant control. beach access, staff, equipment, cultural and natural resource protection None Acquisition Needs/Acreage: 2 itern !\lC. Dl.J.:":' ~ 5 20(l3 ?age 6 of 1~O RENEWABLE AND NON-RENEWABLE RESOURCES: A. TODO!!raDhv: Barefoot Beach Preserve is part of a linear barrier island. Its topographic and vegetative profiles result from the interaction of plant growth habits and physical proccsses. principally wind-driven sand movement and salt spray deposition, and wave-driven erosion. accretion, and overwash. Elevations within the Preserve range from sea level to 9.5 feet abovc sea level on the crest of a coastal dune. Natural land slopes and natural drainage is both gulfward and bayward from the crest of the dune. 1. Soils: The Preserve land is typically composed of Holocene age balTier island sands that were deposited by barrier island processes in the last few thousand years as a result of sea level rise. Cores in the Naples area (Coastal Engineering Consultants, Inc., ] 988), and peat outcrops along beaches south of the Prcserve indicate that the barrier island and is 15' to 30' thick along the Collier County coast. The balTier island sands with some sand and peat from old mangrove swamps typically underlain by limestone and marl of the Anastasia and Tamiami Formations (McCoy, ] 962). According to information provided by the USDA Soil Conservation Office, there are two soil types within the Preserve's boundaries. Canaveral Beaches Comnlex: is located on nearly level, moderately well drained soils on low ridges of the beach. The Canaveral soil has a surface layer of dark brown fine sand about 4" thic!e The substratum is brown to light gray fine sand mixed with shell fragments to a depth of about 80". Typically, beaches consist of sand mixed with shell fragments and shells. 90% of the area mapped, this complex Canaveral soil makes up 55%. and beach areas make up 45% of the map unit. The permeability of the Canaveral is rapid to very rapid. The available water capacity is vcry lnw. In most years, the seasonal high water table is at a depth of 18-- to 40" for I to 4 months. I n other months, the watcr table is below 40". This soil is subject to tidal flooding under scvere weather conditions. Durbin and Wulfert Muek~: are typically located in frequently flooded and level, very poorly draincd soils in tidal mangrove swamps. The Durbin soil has a surface soil of dark reddish brown to black muck about 63" thick. The substmtum is dark gray fine sand to a depth of about 80". The Wulfert soil has a surface soil of dark rcddish brown to black muck about 4Cj" thick. The substratum is dark gray fine sand to a depth of about 80". According to mapping by SCS in Collier County local conditions can consist entirely of Durbin soil, Wulfcri soil, or any combination of both. The permcability ofthe Durbin soil is rapid and the available water capacity is high. The permeability oflhe Wulfert soil is rapid and the available watcr capacity is moderate. The water table Jluctuates with the tide and is within IT' of the surface most ofthc year. The soil is subject to tidal flooding. " J SC3 .'--;~; ~, ~ -\ ,'I ---, B. Arehaeo)o!!ieal and Historical Resources: 1. Known/Identified Features: An archaeological site inspection ofa 1.69 acre county-owned parcel within the state-owned pOJ1ion of Barefoot Beach Preserve was conducted on .June 2, 2003 by the Cultural Resource Management Program at Florida Gulf Coast University. The project site is situated about 2000 feet north of Wiggins Pass near the mouth of the Coeohatehee River. The rectangular parcel extends 100 feet noJ1h-south and runs east-west fe)r about 736 feet and is bound by the Gulf of Mexico to the west and estuarine waters to thc east (Appendix D, Figure I). A systematic surface inspection of the entire project area was conducted by traversing the property east-west at five-meter intervals. In the southeastern corner of the project area evidcnce of prehistory activity was encountered. More specifically. approximately six meters east of the southeast property marker a shell scattcr cxtcnds approximately 20 m nOJ1h along the edge of the mangrove fringe within the upper tidal zone (Appendix D, Figures 2 and 3). The density of shell is variable and three distinct shell piles approximately fow-- metcrs in diameter rising about IS cm above the surrounding mangrove muck comprised the most visible elcment of the site. The shell piles are comprised primarily of medium to large sized oysters (five to 12 em in length), but an occasional quahog, and one or two whelk and arca shells were also observed on the surface. The shell deposits arc definitely Calusa in origin as evidenced by the presence ofthree shell tools (Appendix D. Figures 2.3.4.5,6,7). The sitc now named the Half Shcll Site was recorded in the Florida Master Site File where it was assigned the sitc number 8CR871. C. \Vater Resources: The property is surrounded by tidal saltwater on three qualiers of its boundary. According to Florida DER Surface Water Standards (17-3.02) the adjacent water bodies have the following surface Water Quality classifications: Cocohate hee River Little Hickory Bay \Viggins Pass Class II (17-3J12.600 (3) {II) Class II (17-3J12.600 (3) ,ell) Class II (! 7-.3.(12.600 (3) (ell) Class II walers have a designated use of shellfish propagation or harvesting. Waters with the Preserve. Outstanding Florida Waters Class II (17.3.02.700 (9) (I) Outstanding Florida Waters designated by the Florida DepaIlment of Environmental Protection as wOlihy of special protection because of their nalural attributes. 4 -::., 20G3 8 of 140 D. Fish and Wildlife Species and Their Habitat: The Preserve can be divided into five zones or parallel bands of vegetation. From west to east they are: the pioneer zone, the foredune. the coastal strand, the maritime hammock, and the tidal swamp beyond the dune proper. Fish and wildlife species that use, or may use. or are typical to the habitats in Barefoot Beach Preserve Park are listed below. 1. Pioneer Zone: Birds: Spotted sandpiper Ruddy turnstone Sanderling Dunlin Red knot Western sandpiper Least sandpiper Semiplamatcd sandpiper Willet Piping Plover Scmipalm3ted plovcr Killdeer Snowy egret Amcrican oystercatcher Ring-billed gull Shortbillcd dowitcher Marbled godwit Osprey White pelican Brown pelican Black-bellied plover Black skimmer Least tern Royal tern Robin Mammals: Raccoon Aclili.1 maeularia Arenaria inlerpres Calidris alba C. alpena C. eanuslus C. mall,.i C. minulilla C pusilla Caloplrophorus semipalmalus CharadriIls me/odus C. semipalmalus C. vociferous Egrella Ihula Larus argenta/us L de/awarensis Limnodromus griseus Limosa.fi.doa PandionI1OIiaeIIl.I' Pelcconus erihrorhynchos P. oceiclemalis Plu\'ialis squalarola Rynchops niger Slerna albiii'ons lhalasseus maximIls Turdus l17igralorius Pro()!on 10101' 5 Rcptiles: Atlantic loggerhead turtle At lantic green turtle Atlantic rid ley turtle i '! - :)~:: ", -J ,,':", ~J,..)'.)" c' ~\-:If ': (l Carella caret/a care/leI Chelonia mydas mydas Lcpidochc(1'S kcmpii 2. Foredune. Coastal Strand. and Maritime Hammock Amphibians: Florida gopher frog Birds: Great horned owl Red-tailed hawk Red-shouldered hawk N0I1hern cardinal rurkey vulture Commnn flicker Bobwhite quail Ground dove Black vulture American crow Fish (rO\v Blue jay Ycllow-rumped warbler Palm warbler Peregrine ti:dcon American kestrel Soutbern bald cagle Loggerbead shrike Red-bellied woodpecker Eastern mockingbird Great crested flycatcher Common screech 0\\ I Osprey Downy woodpecker Rufous-sided towhee Blue-gray gnatcatcher Common grackle Eastern phoebe Can)lina \vren Brown thrasher l'louse wren Eastern kingbird Rana areo/ata UC.",'OjJUS Buho l'irginioJ7l1s Buteo ja177Ldcens;s B. lineal us Cardinalis cardinali.\' Calharll's allra Co/up/es aura/us Cohnus l'irginial1lfS Colull1higalhno passerine C'orogl'jJS alra/us ('orms hrach1ThJ'l1chos (Y. ossffrogus (\'Gl1oc;l1a (,";,1,'1010 Dendrolca ('orona/a D. palmurum Falco pergr;17us F ,\jHllTcrius f!u!iul'llls IClIcocl'phulus Lonhls Judol';c'iaf1lfS Aleloncrpcs ('orolinlls ,",limIIS P(}~l'g/()rr(,s Jf.\'iarchus crinflUx OlUS asio Pondion haliaerus Picoidcs puhesccns Pipilo er}'lhrophlhall7llls Pofiop{i/a caeI'll/co (jlliscallus '1"isc"la ",'czvornis phoche Thr)'Olhorlls llld01'iciunlls Toxos{oma rllfitf7l rrogIO(Zl,rCS (ledon T)Tannus f.l'J'Onnll."; 6 Black-whiskered vireo White-eyed vireo Mourning dove Mammals: Armadillo Opossum Bobcat Striped skunk Beach mouse Raccoon Cotton rat Spotted skunk Gray fox Florida black bear Reptiles: Green ano Ie Brown ano Ie B lac k racer Eastern diamondback Eastern indigo snake Corn snake Yellow rat snake Southeastern five-lined skink Gopher tortoise Eastern hognose snake Florida kingsnake Scarlet kingsnake Eastel11 coachwhip C oral snake Slender glass lizard Island glass lizard Florida scrub lizard Ground skink 3. Tidal Swamp: Birds: Red-winged blackbird Blue-winged teal Anhinga Great blue heron Vireo altiloquus V grise us Zenaida macroura D05}PUS novemcinctus Didelphis virginiana L YIlX rufils Mephitis mephitis Peromyscus po!ionotus Procyon lotot Sigmodon hi.\pidus Spilogale putorius UroG)!()l1 cinereoargenleU~\' L/rsus amerianus.floridanus .Anolis carolincnsis A. sagrei s'ogrci Caluber constrictor Crotalus adaman/ells Dr.Vl11arclJrol1 corals Elal'he guttata E. obsolete qlladril'ittata ElImecc5; incJ.pectotus Gopherus poll'l'hcmus fleterodon nasieus Lampropel/is gelulus L. triangulul11 elapsoides ,\ fast icophis.flagellulll Jlicrurus.filh'ius Ophisaurlls attellllatus 0. cOl11preSSlls Sceloj7orus woodi Scincella latra!is Age/oius phoocniceus Anas discors Anhinga onhinga Ardea herodias item t\lc. 'j GD~:l6 ,-~cH";U8ry ": 5, 2008 i 0 ()~ 40 7 Cattle egret Red-tailed hawk Rcd-shouldered hawk Grecn hcron Great egret Boat-tailed grackle Turkey vulture Willet Killdeer Marsh hawk Mangrove cuckoo Black vulturc American ero\v Fish crow Yellow-rumped warbler Prairie \varbler Palm warbler Yellow warbler Great egrct Reddish egret 5no\\.'y egret Swallow-tailed kite White ibis Peregrine falcon American kestrel Little blue hcron Common loon Common yellow throat /\merican oystercatcher Souther'n bald eaglc Tricolor heron Herring gull Laughing gull Ring-billed gull Bcltcd kingfisher Red-breasted merganser Mockingbird Wood stork Yellow-crowned night heron Black-crowned night heron Osprey White pelican Brown pelican Double-crested cormorant Rufous-sided towhee Co 111 1110 11 grackle Bublllcus ibis BUleo jamaicensis B. lil1ca/us Bulorides l'irescens Casmcrodium albus QlIiscalus major Ca/har/es aura ('a/op/rophorus semipalm/lIs Charadr;us vociferolls Circus C~l'a17(,u....' CoccJ'.:us minor Corag)ps a/ra/lIs COITUS brachyrhy"chos C. oss?!;"ugus Dendro;ca corona/a D. d;scolor D. palmarum D. Petechia L~!!:retla alha E. rllfescel1s E. /hula Elal1llides.fillfica/us ElIdocimlls albus Falco peregril1lfs }'. ,\Jwn'c,.;us Florida caerulea Garis immer Geo/hiJp;s /r;chm ]{aell1atopus pallia/e,\' lfa!iae/lIs IClIcoccl'halus Hydral1assa /ricolor Larus orgenlaflfs L. a/ric;lla L. dela\l'arel1s;s A1cgaceryle alc) "On .~Ie"gus serrato,. AfillllfS pol.,'glo!10S /\fl'cyeria .,lmcr;cu17o ,l'fl'ctonassa l'h)/acea ,\)'cl;corax nyc/ic'orax f)ondion hu!ioclus Pc!ecLlnus er/hrorh}'J7c17os P. occidenla/is Pha!acrocorax auri/us Pipilo cr)'/hroph/hall11l1s Quisca!us qlliscu!a ls'-r !,J'~~ ';:;=j36 ~ ::](';3 :-;, ~'J 8 L\;;en,:~c; :tt.:;m r,~C. i ;~~c:\ v ,,:ailLi3'Y "~I :), 2CJ g :2 J; i [\ Black skimmer Least tern Royal tern Carolina wren Robin Black-whiskcred vireo Rynchops niger Sterna albift"ons Thafas,\'cuS maxjl17us 171TJ!othorus ludol'icianus Turdus migratorius Vireo altiloguus Mammals: Raccoon Marsh rabbit West Indian manatee Bottlenosed dolphin PrO(l'on fotor Syll'ilagus palus!ris Trichechus manatus La/irostris Tursiops truncates Reptiles: American aTligator Green ano Ie American crocodile Diamondback terrapin Mangrove salt marsh snake S. Florida black swamp snake Peninsula ribbon snake Alligator mississippien.s'is Anobs caro!jncnsjs Crowdylus aeutus lvialademys terrapin A1aerospilta Nerodiafaseiata Semjnalrjx pygaea Thamnophis sauritus Sadcni Mollusks: Amcrican oyster Southern hardshell clam Crassoslrca l'irgjnjca Jlcrcc!1arja campcchicnsi.s Arthropods: Mangrove tree crab Ivory barnacle Blue erab Fragile barnacle Starred barnacle Stone crab Mud crab Pink shrimp Mangrove crab Aratus pisonii Eo!anu:i' ehurncus' Callineetes sapidas ChthamalusFagilis C. stellatus ,~4enippe mercenaria Panopcus herbstii Panaeus duorarul11 Scsarma curacaoense Fish: Diamond killifish Bay anchovy Striped anchovy Adinja xcnjcu Anchoa mitchilli A. hepsctus 9 >_..-,. ['J.:j. n' . ~ o .' 3:)1/ '] Sheepshead Redfish Silver perch Menhaden Commol1 snook Spotted seatrout Sheepshead minnow Silver jenny Spotlln moian'a Marsh killifish Gulf killifish Mosquito llsh Pinllsh Mangrove snapper Lane snapper Tarpon Fantail mullet Striped mullet Pigllsh Gulf flounder Sailllnmolly .4rchosargus Probatocephalus Sciacl10ps ocella/a Bairdiclla chlJ'sura Brevoortia smithi Ccnrropol17us undecil71alis C1'11Osciol1 nehuln,yus (\p,.;nodol7 variegate", Eucinostol71ltS gula E. urgel1leus FUl1dulus cOI1f1uel1/us F. grandis Gambusia a!fil1is Lagodol1 rhomboid, Lurianus griseus L. c111)'sop/era .i.llegalolJs allol1lica Afugi/lrichodol1 J1. cephalus Or/hropris/is chr)'sop/cra f'aralicluh)'s albigu//a/a J'occilia la/ipil1l1a E. State and Federallv Listed Endan!!ered or Threatened Snecies and their Hahitat: A representative inventory and analysis of natural resources in Barefoot Beach Preserve County Park by James Burch, PhD.. is found in Appendix E. The analysis includes many of the listed species observed by Dr. Burch on lield visits to the Preserve. A plant inventory was updated in 2005 by Maurice Araquistain. a biologist with the Collier County Park Ranger Service. (See Appendix F for table of eontents.) The rcpol1 is on tile with CCPRD. Field observations by Collier County Park Rangers include: Atlantic Loggerhead Turtle Gophcr Tortoise Southern Ilald Eagle Osprey White Pelican Brown Pelican Piping Plover Little Blue Heron Snowy egret Reddish egret Tricolor heron Least tern Gopher li'og Corc!1a caretla carella Gopherus pOll phcmu.\ f-Jaliac/lIs Icucoccphalus Pandiol1 ho/iaclllS PclCC(//1l!S cr/hrorhl'11cho.\' P. occidcl1/alis ('haradrius mclodlls Lcrc//a caerulea 1:'. /hula F.. rlljescc l1a E. /ricolor /;"'Iermo ul1cillorul71 RW10 arcola/a 10 iE:':Ti r'~D" ':SD ti 5, 20 8 ~.4 of I 0 Eastern Indigo Snake Common Snook West Indian Manatee Drymarcher corais Cen/romus undecimalis Trichechus mana/us La/iros/ris F. Beaches and Dunes: The northern portion of the Preserve, owned by Collier County. includes 3100 linear feet of beach. The southern portion of the Preserve, owned by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. includes 5000 linear feet of beach on the Gulf of Mexico. The beach dune pioneer plant community is salt tolerant and composed oflow growing dune grasses and herbaceous plants. This sensitive band of vegetation runs the length of the beach and provides natural erosion protection to the beach dune. The coastal strand, a shrub community located on the linear ridge oCthis barrier island is dominated by seagrape with scattered clumps of ink berry and bay cedar. This arca is prime gopher tortoise habitat. The coastal strand occurs just behind the beach dune and extends south to Wiggins Pass. The most diverse vegetative community in the Preserve is the cabbage palm hammock (maritime hammock). located in the back dune zone between the coastal strand and the tidal swamp. G. Swamps, Marshes, and other Wetlands: A back bay area on the east side of the Preserve is where tidal water meanders through and around the mangrove islands. Water depths vary from 6" to 4' throughout. Daily tide change is about 2'. These tidal creeks occur throughout the eastern two thirds of the Preserve. The mangrove swamp is a wetland ecotone in the back bay composed of red and blaek mangroves on the perimeter, and white mangroves and buttonwood in the center arcas above the high tide line. This area is subject to tidal changes on a daily basis. This plant community is the dominant vegetation in the eastern two thirds oCthe Preserve. H. Mineral Resources: The State of Florida holds the title to the agricultural. timber, and mineral resource rights of the state owned p0l1ion of Barefoot Beach Preserve County Park. I. lJniQue Natural Features: Barefoot Beach Preserve County Park is a prime example of a relatively undisturbed barrier island beach system. J. Outstanding Native Landscapes: The mangrove swamp and p011ions of the coastal strand are examples of outstanding native landscapes. 11 ,:an_:arv !ie:YI '\Ie" "l)D ~' ::> 'S_ ~-:J '; 5 :11' -~ (I The foredune merges with the coastal strand to form a transitional zone between the foredune and the maritime hammock. In addition to the sea oats (Uniola panicula/a), biner panicum, (Panicum amarum), and bay cedar (Suriano maritime) found on the foredune. the coastal strand exhibits small trees and shrubby species such as sea grape (Cocoloba ul'ifera). Florida privet (Forestiera segregate), seven-year apple (Casasia clusiiji!/ia), buckthom (Rumelia celaslrina). myrsine (Myrsine guianensis), necklace pod (Sophora tomentosa). white /lower lantana ([amana involucrale), white indigobcn'y (Randia aculeate), coin vine (Dalbergia ecaslaphyllum), Spanish bayonet (J'ucca aloifi!/ia). prickly pear (Opun/ia compressa), and dune evening primrose (()cl7o/hera humifil.WI). The back dune maritime hammock drops sharply into the mangrove swamp. The mangrove swamp is a basin forest dominated by three species of mangroves: red mangrove (Rhi~ophora mangle), black mangrove (Al';C'Cl1n;a gcrl1linons). and \vhite mangrove (Lagul1cu/ar;a raccl1losa). Associated species include buttonwood (COI7COCOl]JUS erectus). leatherfern (Acroslichum aurcum). glasswort (Salicomia .\PP.), saltwart (Batis maritime), sea purslane (Scsuvium por/ulacas/rum), and sea lavender (Limol7iwn. coro!in;anul1l ). K. Actions to Locate and Identify Unknown Archacolo!!ical and Historical Resources: A cultural resource survey will be perfonned on any area within the project site that is proposed for development prior to the commencement of proposed development activities in that area. The Division of His to riea I Resources will be notilied immcdiately if evidence is found to suggest that fLl11her archaeological or historical resources exist on the project site. Collier County will work with professional archaeologists and the Southwest Florida /\rchacological Society to coordinate with the Division of Historical Resources on the protection and management of any fUl1her cultural resources. The management of archaeological and historical resources will comply with the provisions of Chapter 267, Florida Statutes specilically Sections 267.061 2(a) and (b). L. Florida Natural Areas Inyentor\': The following element occurrence records were provided II'om the Florida Natural Inventory database. Information provided was based on wildlife sightings and plant communities identified between 1982 and 1992. ^n updated plant inventory (2005) is on file with CCPRD. (See Appendix F for table or contents. ) Wildlife Sightings: West Indian manatee Atlantic Loggerhead Tunle Florida black bear Florida prairie warbler Black-whiskered vireo Gopher tOI1oise Pyg111) rattlesnake Tr;chechllS munofus /afirostr;s Corelfo caret/a carella [.,'rslIs Clmer;cal7us.florido111!S Dcndroica discolor ['irco oliilolflllls C;ol'herus polll'hcll1us ,f)';sfrurlls ll1;/;ar;us 12 it8rn r,,,:(;. 160 6 ,january -j 5, 20 8 F'3;!8 '16 of 1 0 Plant Communities: Coastal Strand Maritime Hammock Estuarine tidal swamp Plant Species: Necklace Pod Sophora lomenlosa M. Past Uses of Site: The Prescrve has always been an under-developed beach area in northwest Collier County because it is remote, and roads and utility infrastructures have been unavailable to encourage development. The only site improvements built prior to the State purchase of the property is a narrow trail behind the dune, running south down to Wiggins Pass. and the vacated upland roadway (the continuance of Barefoot Beach Boulevard or Gu!fto Bay Drive) in the eastem pOliion of the hammock. Prior to 1972, the state owned portion of the Preserve, 156 acres, including 5000 linear feet of beach in the southern portion of the Preserve, had been subdivided into narrow beachfront lots. Since no utilities were avai lable. these lots were never developed. In 1972, the State of Florida began purchasing these lots under the Environmental Endangered Lands program in order to save this rare example of pristine coastal strand. The Florida Department of Natural Resources. Division of Recreation and Parks managed the PI "serve as Barefoot Beach State Recreation Area. In 1990. Collier County entered into a 50-year lease agreement to manage all lands in the Trustees-owned portion of the Preserve (see Appendix B for lease agreement). Today, both propcl1ies are managed as a Preserve. N. Existin!! and Planned Use(s) of the Site Existin!! Activities and Facilities on thc Sitc (see Appendix G for map): . Swimming and sunbathing: Swimming and sunbathing are allowed throughout the Preserve. . Fishing: Recreational fishing is permitted in the waters contiguous to the Preserve, provided applicable ordinances, statutes, and laws are observed. Surf fishing is confined to the area extending from 1000 linear feet south of the third beach access dune crossover to Wiggins Pass. Fishing will also be allowed in the baekbay area. Commercial fishing is prohibited in waters continguous to the Prcserve within 500'. The Parks and Recreation Department monitors this activity to assurc protection of the resource and visitor safety. · Bird watching: The backbay, Alice and Harold Saylor Nature Trail. and the bcach offer varied habitats for a variety of bird specics. · Bcach comhing, shell collecting: These are popular activities for Preserve visitors. However, live shelling is prohibited on Collier County beaches and preserves. . Self-guided and Park Ranger guided nature walks: The Alicc and Harold Saylor Nature Trail bisects the maritime hammock longitudinally. The trail is on the scaward side. The trail has been improved by staff and the Fricnds of Barefool Beach, Inc., and includes numbered trail 13 .,::iL ! oJ. (1036 ~:J 2DD~: -; 7 of .'1':'0 markers identifying native plants. At the trail entrance is an interpretive panel describing the habitat and the contributions Alice and Harold Saylor made to the Preserve. The trail is also used for patrol by Collier County Park Rangers. Patrol is carried out on foot and golfcart. . Park Ranger led natural history programs: Collier County Park Rangers offer a variety of regularly scheduled natural history programs at the Preserve. Programs include guided canoe trips. nature walks. and informal lectures. "Park Ranger To Go". a nationally recognized program. was developed for presentation at the Preserve or in the classroom. School programs meet curriculum needs and Florida Sunshine State Standards. "Nature Walk on Wheels" was developed to serve those park visitors with special needs. A Park Ranger drives a six-passenger club car through thc Prcserve and leads a discussion on the natural history of the resource and the area. . Boating: Power boating is prohibited in the backbay canoe trail area of the Preserve due to the sensitiw nature of the area. This area is also designated as a passive recreational use arca. Non- commercial boats are allowed to anchor offshore only in designated areas. Beaching of watercraft is prohibited because of its deleterious affect on marine turtles and shore based wildlife. The rental of motorized vehicles is prohibitcd in any portion of the Preserve. . Picnicking: Picnicking is allowed in designated picnic areas and on the beach. . The Friends of Barcfoot Beach Lcarning Ccnter: Established in 1990. the Friends of Barefoot Beach Prcserve built and maintain an open air learning center. The Learning Center hosts exhibits on the natural history ofthe preserve. The Friends host a weekly natural history lecture series annually from December through April. The Friends staff the center daily fi'om November through April. The Collier County Park Rangers used the center as a site for regularly scheduled interpretive programs and school childrcn on scheduled lieldtrips. . Visiting thc Fricnds of Barefoot Bcach Buttcrfly and Cactus Gardens: adjacent to the learning center is an aquatic bUllerlly garden and cactus garden. All plant species are labeled in the gardens. Park Rangers offer guided tours of the gardens. . An Interactive Educatioll Kiosk: A Seminole style chickee was built on the 1.69 acre county- o\\11ed parcel within the stute owned portion oCthe Preserve in October 2006. The moon-shaped kiosk's interpretive panels will include information on listed species. barrier island dynamics. and the site's archaeological resources. Panels will be 24x36 in size and constructed ofa solid composite that is fire-retardant. fade-proo[ and grat1iti-proof. An acrylic overlay and UV inhibitor will cover each panel. The kiosk will also contain two discovery boxes housing at1ifacts and specimens that will offer visitors a multi-sensory educational experience. This kiosk was developed on a clearing created by the removal of exotic plant species that was completed in April 2004. Because the exotic removal has lell a good part of the upland cleared, this proposed facility should not impact natural or cultural rcsourccs. . Sclf-guidcd or Park Rangcr guidcd canoc/kayak trips in the back bay area of thc preservc: A one-mile marked canoe trail through the back bay gives visitors an opP0l1unity to experience the tidal swamp first-hand. . Park Rangcr Station with Public Rcstrooms: These iacilities have been constructed on the County's portion of the Preserve. Bulletin boards, brochure racks, and interpretive signage at the Ranger Station describe the habitats found within the Preserve. facilitate changing natural history exhibits. and provide public information on the Prcservc and the environment. . Parking: The County's portion of the Preserve has parking for 254 cars. A 100 car parking area was constructed within thc Statc-owned pOl1ion. bringing the total number of automobile parking spaccs to 354. 14 iT8r~ 1\10. ':6lJ36 A:S.2003 of 140 . Dune Cross-overs: Three connecting dune cross-overs, constructed from material made fi'om recycle milk cartons, have been constructed on the County-owncd portion of the Preserve. The dune cross-overs provide beach access for all while protecting the sensitive and critical dune habitat. Two discovery boxes were mountcd on these boardwalk dune cross-overs. These boxes contain artifacts that can be used by the Park Rangers for impromptu interpretive opportunities. . Preserve Entrance Booth: An entrance booth has been constructcd on the County owned portion of the Preserve. The booth is situated at the cntrance of the Preserve where an attendant can provide visitors with Preserve brochures, accept float plans, and provide other visitor serVlces. Planned Activities and Facilities on the Site (see Appendix H for map): . A boardwalk through the mangrove area to the back bay is proposed in the County owned portion of the Preserve. Constructed and managed by Collier County, the boardwalk would provide an opportunity to view wildlife, mangrove habitat, and the backbay area. The boardwalk will be accessible to walkers and special needs visitors who may otherwise not have an opportunity to experience this unique resource. The boardwalk will provide an area for temporary docking of excursion vessels to increase visitation and appreciation of the area to those arriving by boat. It will be an alternative to excursion vcssels accessing the Preserve via the beach. Ranger and self-guided walks on the boardwalk will give visitors an oppOliunity to learn more about the Preserve and its natural features. . The dcvclopment ofa "loop" trail connecting the Alice and Harold Saylor Nature Trail to the upland vacated roadway will give visitors an oppOliunity to visit and view the Preserve in depth. The walk will be approximately 2 miles long and will travel through the Coastal Strand and Maritime Hammock as wcll as the transitional zone on the cast side of the Preserve near the Mangrove Swamp. It will also serve to educate those visitors on issues relating to exotic- invasive plant species and the impOJiance ofrestoring the natural landscape. On the seaward side ofthe trail, beach access paths and nature trails will be developed and enhanced with native vegetation and identified so as to minimize erosion while providing additional access to the beach. . Collier County Parks and Recreation will bc invcstigating the viability of constructing a composting restroom near the southern cnd of the loop trail. O. Alternative or Multiple Uses of the Propcl'ly: The single-use management concept is necessary since the property is a Preserve. This management program is outlined in Chapter 253.034. F.S., which defines "single use" as management Cor one particular purpose to the exclusion of all other purposes, cxcept that the using agency shall have the option of including in its managcment program compatible secondary purposes that will not detract from, or interfere with the primary purpose. The primary objective of single Lise management is to protect the Preserve's natural resources. According to the DNR/Collier County lease, public access for recreation as a secondary Lise is allowed. 15 ;:i :1'::;:1 C'_;..) ::::-1'--',,:;:\'/" "'1'-' ,-'Ji . Preservation of the representative objects or conditions is all-important and resource considerations must be given priority. · Uses permitted are usually of a passive nature. related to the aesthetic, educational. and scientific enjoyment of the objects and conditions maintained in the Preserve. Other uses, in limited amounts, are permitted, if compatible. [n Preserves where a portion of the property is a beach, other uses include active recreational pastimes such as swimming along the beach and accessing the beach by non-commercial vessel. Non-commercial vessels anchoring off shore require 40 linear feet of beach per vessel in designated areas. . Organized recreational program activity is concerned with interpretation of the attributcs of the Preserve for pub I ic enjoyment. . Physical development for roads, parking, and structures are limited to 5% of the Preserve's land area. p, Assessment, with Mana!!ement Strate!!ies, of the Impact of Planned Uses on Renewahle and Non- Renewable Resources: The primary objective of the Land Management Plan is to protect the resource while allowing public access for passive recreational activities. According to the Conceptual State Lands Management Plan adopted March 17, 198 I, Florida's beach and dune systems can suppm1 both functions of recreation and act as protective barriers lrom storms. The Land Management Plan is based on allowing the first, and enhancing the second in the most cost effective means possible. The beach is the prime recreation area. All access improvcmcnts such as roads and parking will be placed near the existing paved road. increasing public acecss while minimizing cost and physical development of the Preserve. Completed and proposed physical developments, (roads, parking. boardwalks, walkovers, and structures), will keep with the 50" development [imitation. Completed and proposed improvements will be loeatcd and designed according to latest standards described in the DNR Rules and Procedures for Coastal Construction and ["cavation. ,.\ppropriate permits \\i[l be obtained. This area is roughly defined as the area westward of the e"isting access road and Gulf to Bay Drive (see Appendix H). The existing vegetation is unique and very scnsitive to development. The coastal strand is a diverse wildlife habitat and is used by sca turtles. gopher tortoises, and coastal birds. The mangrove hinge is important in maintaining the healthy marine habitat of the backbay. Etlorts will continue to be made to place improvements in arcas where there \\'ill be minimal or no impact on native flora and fauna. The other key function of the Land \1anagement Plan is to provide Cor the removal of e"otic-invasive plant species. The e"otic-invasive plant species management program eliminates those species hanllful to the Preserve and its mitigative function as a ban-ier island. Unique or Sensitive Resonrce Areas: The entire Preserve is considered ecologically sensitive and will require specific resource management strategies for each habitat. The primary f()cus ofthe resource management component oCthis plan has been the removal 01' e"otic-invasive vegetation. There was e"tensive infestation throughout the Beach 16 5. 2008 t='age of 140 Dune, Coastal Strand, and Maritime Hammock habitats that inhibited the grov.1h of native species, which in turn created less suitable habitat for wildlife and stability for the ecosystem. The exotic removal program has been directed by the Collier County Parks and Rccreation Department. Park Rangers and maintenance staff assigned to the Preserve have been trained in exotic-invasive recognition and removal. Park staff, during the course of their regular duties at the Preserve, document in their logs any exotic-invasive plant species on site and remove those plant species trom the Preserve. In 1998, a DEI' Pollution Recovery Fund grant provided funding for thc extensive removal of exotic vegetation throughout the Preserve. Beach Dune: The dune area provides erosion control and habitat for a variety of flora and fauna. Foot, bicycle, and vehicular trafJic have in the past easily damaged the dune. Large portions of the beach foredune were taken over by Australian pines reducing the biodiversity necessary to sustain the dune's erosion control capabilities. In addition, wildlife habitat was reduced or eliminated because the native vegetation was shaded out. The shallow and extensive root systems of the Australian pines posed serious threats to sea turtle nesting as they obstructed nesting sites. Brazilian pepper also infested the area. . Management Strategy: Eradication of exotic vegetation from the beach dune system in the County-owned p0l1ion of the Preserve v.as completed in FY 91/92. This encompassed 3100 linear feet of beach front. Only minimal replanting was necessary as there was sufficient native vegetation in the eastern p0l1ion of the dune to replenish the area naturally. The large Australian pines and Brazilian pcppers were removed by mechanical means. Four large Australian pines were chemically treated; the limbs removed, and Icft standing as snags or perch trees for birds of prcy. Southern Bald Eagles and Osprey currently utilize these snags. The Brazilian Pepper Trces were chemically treated, cut into manageablc lengths and removed from the Preserve. Eradication of the exotic-invasive plant species in the State-owned pOliion of the Preserve was completed in 1998. Australian pines were chemically treated, cut into six foot Icngths and left inconspicuously in the Preserve. Aggressive on-going follow-up is needed in this area to keep it exotic-invasive tree. Contracted vendors, CCPRD statr and authorized volunteers maintain these areas by routinely hand pulling exotic-invasive seedlings as they appear. CCPRD staff closely monitors thesc areas. Coastal Strand: The coastal strand is a transitional zone betwccn the Beach Dune and Maritime Hammock. . Management Strategy: In the Coastal Strand, eradication of the Brazilian Peppers and Australian Pines was complctcd in 1998. The treatment process was selective because the Brazilian Peppers were intermingled with native vegetation. The restoration of this area is occurring naturally. Maritime Hammock: This is the most diverse plant community in the Preserve. In addition to the Coastal Strand, it serves as prime gopher tortoise habitat, a species of special concern in Florida. The hammock vegetation is varied. The western portion is an open Sabal Palm Hammock while the eastern portion consists of dense sub-tropical foliage. In the eastern portion of the Maritime Hammock there is 17 ~2!) '~'. ~. '-' ,.Eirluarl, ~ 5. 2,:i u 1 nf", n - ,', ,. an unimproved sand road, Gulf to Bay Drive. This roadway will be vacated and used for patroL and as a nature/hiking traiL . Management Strategy: The bulk of the exotic-invasive plants were removed in 1998; however, eradication is ongoing. Natural renewal of native vegetation is occurring and this vacated roadway can now be used as a continuation of the Alice and Harold Saylor Nature Trail, creating a two-mile loop trail through the Preserve uplands. Current practices limit access to the vacated roadway to CCPRD staff research associates. and contractual staffperfonning exotic removal and maintenance. Exotics in the \Vcste111 portion of the Hammock have been eradicated by hand and chemical methods as they were dispersed and il1lerminglcd with native vegetation. The Coastal Strand and Maritime Hammock will require ongoing exotic-invasive controL Eradication will be carried out chemically and by hand due to the exotics inte1111ingling with the native species. Contractual staff will perform the majority of the removal and maintenance work and budget rcquests will be submitted annually to fund thesc ongoing efforts. Tidall\lan2'rO\'Cs: The saltwater ecotone is the dominant plant community landward of the coastal strand and providcs protection from coastal storms. . Management Strategy: The mangrove swamp has not been invaded by exotic-invasives and does not rcquirc restoration management. Tbis plant community should be designated a Mangrove Presen'ation Zone so that no land modifications or structures, other than boardwalks, arc penl1itted within this zone. The canoe launch is locatcd on the County-owned portion of the Preserve. The trimming and pruning of red. white, and black mangroves within this zone is prohibited without proper State and County approvaL Since Preserves are areas sct aside to maintain objects or conditions cxisting thereon. the Land Management Plan is designed to protcct the Barefoot Beach Preservc's natural features. The proposcd backbay pier will give park staffa controlled access point on the eastern side of the Preserve. The use of the Preserve by excursion vessels will he limited to this area, therehy eliminating the real and potential damages to other areas of the Preserve caused by unregulated excursion vessel access. Fish and Wildlife: The tidal waters within the Preserve are productive Class II watcrs, and no activities or alterations that will adversely impact its productivitv will be allowed. Manatee protection signage will be placed at all canoe and boat \rafJic arcas within the Preserve. Gopher tortoise habitat exists throughout the beach dune, coastal strand. and maritime hammock of the Preserve. Since the gopher tortoise is listed in Florida as a species of special concern. this habitat is to be designated as a limited access zone. A gopher tortoise survey and behavior study was completed in 1998 by Jill Kusba, DVM and Boh Dienes (a copy of the repOll is on file with CCPRD). Dr. Kusba continues to study and monitor the gopher tOlloise population at the Preserve. During sea turtle nesting season, the Collier County Environmental Services Depallment monitors nesting activity. After hours access to the Preserve is restricted to those individuals conducting research or compliance patrol. The Preserve's varied habitats provide homes to a wide variety of animals. These habitats are utilized by different species at different timcs ofthc year for various activities including mating, feeding, 18 it9m t\IC.16~36 ....!anu3:v 'i 5. 2008 Page" 22 of 140 loafing, and nesting. There is one nesting pair of Osprey in the Preserve. The on-site Preserve staff will designate these habitats as non-access during times when wildlife activities warrant exclusion to the public. Vel!etation: All native vegetation is protected and any plants damaged by human activity will be restored as soon as possible. CCPRD staff will appraise the scope of any damage in order to determine the necessary restoration plan. When the construction of support facilities requires vegetation removal, as much native vegetation as possible will be transplanted to open areas cleared of exotics. Existing vegetation will be barricaded with fencing at the drip line. All restoration plantings will be done with plant species endemic to the site. Water Resources: No construction, except for boardwalks such as the proposed back bay pier, will be permitted in the tidal backbay water bodies within the Preserve. . All parking within the Prese;:Ve willne constructed using previous materials in order to minimize stonn watcr runoff into the adjacent water bodies. Carrvin!! Capacity: Carrying capacity can be defined ti'om scveral vantages. Economic carrying capacity addresses the optimization of revenue realized. Social carrying capacity addresses the optimization of the user experiencc. Ecological caJTying capacity addresses long-term use of the land without damage to the resource. Because the primary management objective for Barefoot Beach Preserve is protection of the natural rcsources with passive recreational activities as a secondary and deferential use, carrying capacity will be addressed here ti'om the ecological vantage. The Preserve's beach is its main attraction and thereforc its use has the most significant relationship to carrying capacity levels. According to Park, Recreation. Open Sjwce and Greenway Guidelines, published by the National Recreation and Park Association, the national use standard for beach areas is 50 square feet ofland and 50 square fcet of water per user. The stale standard. established by the Florida Statewide Comprehensive Outdoor Recreation Planning Guide, is 200 to 500 square feet of beach per person. In response to public opinion that a variety of beach experiences is desirable. the Parks and Recreation DepaJiment recommends a variable standard for bcach use throughout the County, based on the type of expericnce a given beach area supports. The square foot per person level of service established for the Preserve is 500. Barefoot Beach Preserve offers approximately 750,000 square feet of beach. Based on this standard the sandy beach area at the Preserve can accommodate 1,500 persons at any point in time. In addition to simple square footage of sandy area, the carrying capacity of a beach depends on providing needed support tacilities and an access system that disperses the users. Using the standards of 2.4 park visitors per vehicle and] 0% of visitors accessing by non-vehicular means, ] 500 users would 19 ~:::;rn I"le;. ': 'J~' /:;;.;, 2~) ",-:3 c'[ ~ require 563 parking spaces. Because the Preserve otTers only 354 parking spaces, the Preserve's beach will never exceed carrying capacity. Other passive recreational activities such as canoeing and natural history interprctation need to be taken into consideration. Once the extension of the Alice and Harold Saylor Nature Trail is complete, it will be a two-mile loop. The Statcwide Comprehcnsive Outdoor Rccreation Planning Guide defines two carrying capacities for hiking trails: a maximum of] 60 per day on a general hiking trail, recommended being a maximum of one mile: and a maximum of20 per day for a primitive trail, recommended being a minimum of onc mile. Thc Parks and Recreation Department is establishing a carrying capacity for the Alice and Harold Saylor Nature Trail of 40 per day unless a Park Ranger led program is occurring. Park Ranger-led activities on the nature trail will accommodate up to 60 people on the trail at a given time. The Parks and Recreation Department encourages voluntecr-staffcd grooming of the trail four times a year and wil] work with the Friends of Barefoot Bcach and other community organizations to accomplish this. Surf fishing is confined to the arca extending li'om 1000 linear feet south of the third beach aceess dune crossover to \\liggins Pass. The Stotell'hle Comprehensive Outdoor Recreation Planning Guide recommends 5 linear feet ofshore]ine per user per day for this activity. Therefore, the maximum number of persons surf fishing per day at the Preserve is 200. Park Ranger observations reveal that this activity is not excessively popular at the Preserve. Should Lise of the beaeh for this purpose increase significantly, the Parks and Recreation DepaJ1ment will revisit this carrying capacity standard to assure protection of the resource and visitor safcty. Thc canoe trail in the backbay area of the Preserve is I mile long. In order to fully enjoy the pristine experience ofthis area. it is recommended that a maximum of 6 canoes be allowed in this area at any given time. The canoe trail is relatively shOl1 in length and has narrow passages. Therefore distance between canoes would be shortened, thus taking away from the passive recreational experience. Generally. there are two pcople per canoe and the trail takes approximately 1.5 hours to explore. If launch times begin at 8:00 am and canoes are o]Tthe water by 5:00 pm. a maximum of 36 trips could go through the canoe trail each day and with 2 people per canoe. there would be a maximum capacity of 72 people on the canoe trail each day. Boats accessing the Preserve on the beach can anchor onshore of the area extending fj'om 1000 linear feet south of the third beaeh access dunc crossover to Wiggins Pass. This proposed area includes 2000 linear feet of beach. According to the guidelines in the definition of a Collier COLlnty Preserve. it is recommended that each boat have 40 linear feet of beachij'ont. Therefore. 50 vessels are able to anchor offshore in this area. As with surffishing. this activity is not excessively popular at the Preserve. Should use of the beach for this purpose increase signifkantly. the Parks and Recreation Department will revisit this carrying capacity standard to assure protection of the resource and visitor safety. Preserve capacity is a maximum of ]500 persons on the beach area. a maximum of60 persons on the A]ice and Harold Saylor Nature Trail. and a maximum of24 persons on the canoe trail (6 canoes with 4 persons cach) at any given time Cor a total of] .584 at any give time. Because there are multiple ways to access the Prescrvc, Parks Rangers have no way of knowing the total number of visitors in the Preserve at any given time. While parking lot capacity is not an indication of 20 ,E:r;-i !\:O. 'r6D '-' .~3nuary 15, 20 8 Pa;fe 2~ of '1 0 Preserve carrying capacity, parking lot capacity is less than Preserve capacity. Using the standard of2.4 persons per vehicle and 10% accessing via land-based nonvehicular means, a maximum of 935 people can access the Preserve via Lely Barefoot Blvd and be counted by park staff. The proposed backbay pier will be used primarily for excursion vessel access to the Preserve. Excursion vessels will be allowed access by reservation only. Park rangers will schedule excursion vessels to accommodate numbers of users in fair consideration of general public access and the limits of the resource. Use of the backbay pier by motorized private recreational vessel will be highly discouraged through the Park Ranger education and enforcement program. Proposed maximum number of persons accessing the Preserve via the backbay pier at anyone given time is 45. The Collier County Parks and Recreation staff assigned to the Preserve will monitor preserve usage and carrying capacity. Restoration Strate!!\': Rcstoration of the Preserve is complete. Ongojng monitoring and maintenance, if required, is a component of the Land Management Plan-:- Site and Visitor Proteetion: . Signage: There is signage through high use areas of the Preserve. Signage includes: Preserve rules and regulations, hours of operation. interpretive panels, plant identification, trailhead introductory panel. Preserve's natural history and habitat panel. Road signs arc designed and constructed according to rOOT standards. As dcsignated activity and non-access areas are improved and established, appropriate signage will be posted accordingly. . Fencing or Barricades: Upon completion of the backbay pier in the County owned portion of the Preserve, a gate will need to be installed to prohibit after hours access to the Preserve. Defensive landscape barricades and/or fencing using such species as Spanish bayonet have been planted to prevent dune crossover in prohibited areas of the Preserve. . On-site Residencc of Park Staff: The need for an on site Park Ranger residence is not warranted at this time. Night patrols by Collier County Park Rangers and the Collier County Sheriffs Depattment handle issues related to aftcr hours illegal poaching, commercial and recreational fishing. camping, fires, and othcr illicit activities that have or could occur at the Preserve. Along with public education and support. this method seems to have been very effectivc in stopping these activities. Should the need for an on site stalfresidencc be warranted in the future. any construction will take place on the County owned portion of the Preserve. The ecological fragility of the propelty in the State owned portion of the Preserve would prohibit any disturbance of this type. . Staff or Local Law Enforeement Patrols: There are currently two full-time and one part-time Park Ranger positions assigned to the Preserve. The full-time Rangers are assigned five eight- hour work shifts per wcek. The part-time Ranger is assigned two ten-hour work shifts per week. 21 ':;;\_ ~;3 ,ar:: t\i'J. :.;:;r:::i ::; .;arHJ2r:,' ': 5. 20 3 .::::=:. ejf '; 0 This is a total or I 00 hours per week to provide visitor services, patrol duties, compliance, and interpretation. During our high season. November 1 through April 30, an additional full- time/seasonal Park Ranger is assigned to the Preserve ror a total of 140 hours per week to provide visitor services, patrol duties. compliance. and interpretation. Collier County Park Rangers are trained with the park system for a highly visible profile, low- key law enf(lrCcment approach to park visitors. Full-time Rangers receive training that includes an in depth definition of Parks. image. public service. communication. safety. depreciative behavior. protection. patrol techniques and strategies. team building, problem solving. County and State ordinances, and area history and natural history. Portions of this in-house training wcre dcvcloped by Mr. John Waldron. Florida Divisinn of Forestry and the Park Management Institute. Park Rangers are cel1ified and trained in accordance with Collier County Resolution 91-462 in order to issue citations in the form ora Notice to Appear for violations in Collier County Park boundaries and for parking violations. Additional cel1ifications include O/C Spray Techniques, Community CPR and First Aid. AED Use, and Defensive Driving. Additional training is the completion or the Florida Park Service Park Ranger Academy and complction of the Florida Mastcr Naturalist Program. This resolution is in accordance with Florida Laws Chapter 89-449. Methods of patrol include: f(lOt patrol, all-terrain vehicle. 4-whccl drive truck. bicycle, canoe, and kayak. All patrols are routine. yct irregular. to optimize ciTectivcness. All Park Rangers are equipped with hand held two-way radios with telephone interconnect for communication. A shallow draft power boat should be obtained !()r water patrol on both the bay and Gulf sides of the Preserve. Currently. Park Rangcrs have no way or reaching boaters, canoeists or swimmers in distress or in violation ofthc law. The proposed Barefoot Beach !'reserve Ordinance will govern the Prescrve in compliance issues. Currently. when a serious resource violation has occurred, local law enforcement officers are called on to assist. \Vhile Florida Marine Patrol Officers and Florida Wildlife Officers are eager to assist. they are often on duty some distance away in remote areas of Collier County. Additional Prcserve staff includes 3 full-time booth attendants who staffthe entrance booth, provide visitor information. and collect parking fees. One maintenance worker is assigned to tbe Preserve to perf()J"1ll minor repairs. exotic-invasive plant species removal, 111o\ving, and regularly scheduled Preserve maintenance. Restroom f~lcility cleaning and maintenance is out-sourced. 22 Public Access: The Preserve is open daily, (365 days a year), from 8:00 am to sunset. Visitors aITiving by vehicle, bicycle, or walking must pass through the entrance booth that is staffed by a Parking Lot Attendant from 8:00 am to 5:00 pm daily, (365 days a year). Access to the Preserve may also be accomplished by boat on the beach in the southern portion of the Preserve. With the addition of the baekbay pier in the County portion of the Preserve, additional access will be provided by boat. This method wil] allow excursion vessels to be close to amenititcs (shelter and restrooms). the Friends Learning Center, and should discourage anchoring and beaching at Wiggins Pass. where lack of amenities diminishes good stewardship and user safety. The Preserve is bordercd to the north by the Lely Barefoot Beach PUD. Access to the Preserve is provided through the PUD by way of a legal easement. The Collier County Parks and Recreation Department (CCPRD) will use the following access control procedures: o During open hours at the Preserve, a highly visible sign, located at the entrance of the Lely PUD will indicate to all Preserve visitors that they are to proceed directly to the Preserve without stopping. o High visibility signage consistent with other CCPRD sites will be placed at the entrance of the Lely PUD to ensure public awareness. o A CCPRD employee will control access to the Preserve at the Preserve entrance should parking reach capacity. Other: All the information detailed in the preceding text illustrates the impoliance of this magnificent and rare southwest Florida resource. "Protection" in this section meansjust that: protection of the vegetation, wildlife, protection of the barrier island itself, protection of the park visitor, education and interpretation to promote awareness and stewardship. In order to achieve our goal of preservation and to provide safe, outdoor recreational activities fl)r the public. it will be necessary to add additional full-time or pati-time Park Rangers to the Preserve. In addition (0 Park Ranger staff additional maintenance staff should be added as programs, facilities, and park usage expands. Maintenance Responsihilities (dailv and Ion!! term): . Pdmary Agency: For daily and long term maintenance responsibility, the Collier County Parks and Recreation Depatiment is the primary agency involved. Equipment necessary to maintain the Preserve includes: one four wheel drive truck, one A TV, one riding lawn-mower, one push mower, numerous hand tools. chain-saw, related safety equipment, one Cushman dumpster, one generator, and assorted small equipment (weed-eater, edger). ~o ~~ ~~ i; '\Cl. ,'~::"'>,"J 5 ~C)C' '--;,~.r !~ Heavy maintcnance equipment is brought in and removed daily. A small storage area is maintained for supplies. It may be necessary in the future to provide a maintenance facility to house equipment on a permanent basis. . Other Agencies: The use of Community Service for maintenance is available and utilized. The Friends of Barefoot Beach have and continue to pm1icipate in maintenance efforts. Ameri-corp has participated in Preserve maintenance, exotic-invasive removal, and clean-up. Park visitors, members of the "Friends" and the Citizcn's Association of Bonita Beach patrol the beach for litter. The Citizens Association of Bonita Beach, C.A.B.B. is the official "Adopt-A- Shore" agency through ''Keep America Beautiful" for the Barcfoot Beach Preserve per contract dated February 12, 1992. Q. Management Nceds and Problems: The southem end of the propel1y at Wiggins Pass is being used by commercial and private vessel operators as a drop ofT and pick up point for Preserve visitors. This practice is becoming increasingly popular and is currently not regulated. Due to the dynamic nature of Wiggins Pass coupled with the periodic dredging ofthe Pass, the amount of sandy beach to accommodate this activity varies significantly. The visitors are accessing the Gulf side of the beach through the dune making it increasingly dif1icult to protect this dynamic and sensitive area. With the development of the proposed backbay pier in the County owned p0l1ion of the Preserve. Preserve staff will be able to regulate this activity. Motorized private recreational vessels will be encouraged to access the Preserve by anchoring offshore of the designated gulf:side area. Commercial excursion vessels will be able to use the backbay pier by pre-arrangement. Since the Preserve property is unique to the Collier County Real Property Inventory. a local Ordinance relating to Barefoot Beach Prcserve and other designatcd County managed Preserves within Collier County: providing fe)r intent and purpose: providing title and citation: setting forth applicability and definitions: providing Ie)!" regulation of use and conduct in the Preserve(s): providing for vessel regulation: providing je)r penalties: providing for enlorcement: providing for conl1ict and severability: and providing an efTective date has been dratled and is pcnding approval. R. Idcntification of Adjacent Land Uses That Conflict with the Planned Use of the Property: None. 24 ii;:~m '-";0, 'iGO~)6 15.2008 Page 28 of 140 S. Description of Legislative or Executive Directives that Constrain the Use of Such Property: According to Tracy Peters. a planner for the Land Management Services of the Division of State Lands, there are no legislative or executive constraints affecting the development and management of Barefoot Beach Preserve. T. State Lands Management Plan Compliance and Incorporation: This management plant complies with the "State Lands Managcment Plan" Adopted by the Board of Trustees on March J 7, J 981 and the plan represents balanced public utilization. Federal: Section 10, River & Harbors Act of 1899 Section 404 of the Federal Water Pollution Control Act of 1972 (Clean Water Act) State: Florida Statutes: Ch. 161, Beach and Shore Preservation Ch. 253, State Lands Ch. 403, Environmental Control, Part VIII Ch. 267, Historic Preservation Florida Administrative Code Rules: Ch. 17-4 Permits Ch. 17-3.01 Surface Waters of the State Ch. 17-3.02 Water Qualitv Standards Ch. J 7-3.1 Dredge and Fill Activities Ch. 18-2 Managcment of Uplands Vested in the Board of Trustees Ch. 18-4 Land Management Advisory Committee Ch. 18-2.1 Sovereignty Submerged lands Management Additional Standards: . Conceptual State Lands Management Plan, Bureau of State Lands Management, Division of State Lands . Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida, 4- I -91, Florida Gamc and Fresh Water Fish Commission . Management Procedures for Archaeological and Historical Sites and Properties on State Owned or Leased Lands . Barefoot Beach Preserve Lease Agreemcnt No. 3868, between the Board of Trustees of the Intemal Improvement Trust Fund of the State of Florida and the Collier County Board of County Commissioners, signcd 6- I 9-90. Local: . Collier County Comprehensive Plan . Collier County Land Development Code . Collier County Park Ordinances, 76-48 & 89-1 I and amendments thereto . Collier County Ordinances applicable to the proper management of the Preserve 25 ; ',..:, "C,'- i\,,-.' '~:C':.J 'J 2:) " 2S' of , 0 ll. An Assessment as to Whether the Property, or Any Portion, Should Be Declared Surplus: No part of the Preserve is considered surplus land in the Land Management Plan. V, Management Responsibilitics of Each Agency: Collier County Parks and Recreation Department is responsible for the implementation of the Land Management Plan after the plan is adopted by the Collier County Board of County Commissioners and approved by the Board of Trustees of the Internal Improvement Trust Fund. The management of the archaeological and historical resources will comply with the provisions of Chapter 267. Florida Statutes specifically Sections 267.061 2(a) and (b). (Sce Appendix I). W. Public and Local Government Involvement in the Land Management Plan: The following local meetings provided the public with an opportunity to review the resource data and the proposed draft and management plan: . Public report to Collier County Parks and Recreation Advisory Board on Barefoot Beach Preserve Land Management Plan preparation process. September 18. 1991. . Public workshop on Barefoot Beach Prescrve's resource base and conceptual draft Land Management Plan. October 29. 1991. . The Collicr County Board of County Commissioners adopted L.and Management Plan on January 26, ] 993. prior to submittal to thc Land Management Advisory Council and the Board of Trustees of the Internal Improvement T,'ust Fund. . The 2006 Update of the Land \1anagemcnt Plan presented to the Parks and Recreation Advisory Board. November 2006. . The 2006 Update of the Land Management Plan presented to the Collier County Board of County Commissioners. January 2007. X, Compliance with Local Comprehensive Plan: The Barefoot Beach Preserve's Land \1anagement Plan complies with the following Objectives and Policies of the Collier County Comprehensi,.e Plan. Conservation and Coastal Management Element Policy 10.3.3: The highest and best use of undeveloped coastal barriers are as functioning natural systems: therefore the iiI'S! alternative to development should be consideration of acquisition by or for the public benefit to preserve the natural j~lIlction. Conscrvation and Coastal Management Elemcnt Policy 10.3,9: Native vegetation on undeveloped coastal barriers should be prcscrved. To the extent that native vegetation is lost during land development activities and the remaining native vegetation can be supplemented without damaging or degrading its natural function. any nat ive vegetation lost during construction shall be replaced by supplementing with compatible native vcgctation on site. All exotic vegetation shall bc removed and replaced with native vegetation where approp,-iate. 26 !iSITl i.~(). 'i 6035 -: 5. 2CiCi3 P,::l;~e 3D of 140 Conservation and Coastal Management Element Policy 10.4: Developed coastal barriers and developed shorelines shall continue to be restored and then maintained, when appropriate, by establishing mechanisms or project which limit the effects of development and which help in the restoration of the natural functions of coastal barriers and affected beaches and dunes. Consen'ation and Coastal Managcment Element Policy 10,4.1: Promote environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. Conservation and Coastal Management Element Policy 10.4.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system. Conservation and Coastal Management Element Policy OBJECTIVE 10.5: For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific, and esthetIC enjoyment of coastal resources by protecting beaches and dunes and by utilizing or where necessary establishing construction standards. which will minimize the impact of manmade structures on the beach and dune systems. Conscrvation and Coastal Management Elcment Policy 10.5.1: Recreation that is compatible with the natural functions of beaches and dunes is the highest and best land use. Conservation and Coastal Managemcnt Elcmcnt Policy 10.5.3: Prohibit activities which would result in man induced shorclinc erosion beyond thc natural beach erosion cycle or that would deteriorate thc bcach dune system. (I) Consen'ation and Coastal Managemcnt Elemcnt OBJECTIVE 10.6: The County shall conserve the habitats. species, natural shoreline and dune systems contained within the County's coastal zone. Conservation and Coastal Managcment Elcment Objective 11.1 directs the County to protect history and archaeological resources. Consen'ation and Coastal Managcmcnt Element Policy 11.1.2 states that there shall be no loss of historic or archaeological resources on County-owned property. 27 !,e:T) r';~J" ~'L<\ : 5. 2C'J "1 '::'~F f '-1 References The fo 1I0wing resources used in the preparation of this plan came from both local and state agencies. The following persons and agencies were contacted for information and opinions: SOILS: Source - USDA Soil Conservation Office. Immokalee. Florida Aerial Photos from 1940. 1952. 1962. and 1985 Soil Map of n0l1hwest Collier County Soi I Legend and Description Soil Interpretations Record .lames Burch, PhD Naples. Florida Mark Zeigler Geologist Cnastal Engineering Consultants Naples, Florida Expel1 input on the site's geology. ARCHAEOLOGICAL AND HISTORICAL RESOURCES: Corbett McP. TOlTenCe Co-Director. Cultural Resource Management Program Florida Gul Ceoast University Ft. Myers. Florida Theresa M. Schober Co-Director, Cultural Resource 'vlanagement Program Florida GulCcoast Lnivcrsity Ft. Myers. Florida Management Procedures lor Archaeological and Historical Site and Prope11ies on State-Owned Lands. VEGETATION COVER TYPES; Source: .Iim Mullcr Florida Natural Arcas Inventory Tallahassee. Florida Element OcculTcnce Records Special Plant & Lichen List 28 ';5. 20GB 32 of 140 Matrix of Habitats and Distribution by County of Rare/Endangered Species in Florida James N. Burch, PhD Naples, Florida Inventory completed May 18, :WOO Mauricio Araquistain, Biologist Collier County Parks and Recreation Update plant inventory completed April 29, 2005 John G. Beriault Naples, Florida Observations on the Vegetative Community of the Beach Dune Ridge North of Wiggins Pass, Northern Collier County Jeff Moore Landscape Architect Coastal Engineering Consultant Naples, Florida Field survcys on September 14-16, 1991 WATER QUALITY/OUTSTANDING FLORIDA WATERS: Source - Dan VanNorman Department ofEnvironmcntal Regulation Ft. Myers, Florida Susan Davis Coastal Engineering Consultants, Inc. Naples, Florida AREA OF CRITICAL STATE CONCERN: Source -.1 im Quinn Department of Community Affairs Tallahassee, Florida AQUATIC l'RESERVES: Source -Charles Knight Departmcnt of Natural Resources Tallahassee, Florida Mr. Knight indicated that Barefoot Beach Preserve was not in an aquatic preserve on 10-7-91 phone call. FOREST RESOURCES: 29 'l':;T f,',') ,::,=:-\36 ,5 2'Y=i3 ~-:3:)t 1 ~!J Source -Jim Grubbs Division of Forestry Tallahassee. Florida Mr. Grubbs indicated that Barefoot Beach Preserve was not an area managed for forest resources on 9- 21-91 phone eall. LAND MANAGEMENT PLAN CRITERIA: Source -Delmas Barber Office of Environmental Services Division of State Lands Tallahassee. Florida Unit Classiiication System Conceptual State Lands Management Plan (adopted 5-17-81) RECREATIONAL AND OPERATIONAL INPUT: Source -Park Planning Guidelines National Parks and Recreation Association Nan Gerhardt Park Ranger Supervisor Collier County Parks and Recreation Department 3300 Santa Barbara Blvd. Naples, Florida 34116 MANAGEMENT RESPONSIBILITIES, NEEDS, PROBLEMS, OBJECTIVES, AND POLICIES: Murdo Smith Region 1 Manager Collier County Parks and Recreation Dep311ment N0l1h Collicr Regional Park ] 5000 I.i\ingston Road Naples, Florida 34109 MAPS Collier County GIS 30 NKG May 22, 2000 January 23,200] January 31. 200 I March 16, 200 I March 30, 2001 April 3,200 I May 30, 2001 AOT and NEO January 2006 October 2006 hem iJo. 16036 ',5. 2008 Page 34 of 140 31 ':;,; ,'.Jc..:':1'~ ~ - ~C!=:3 ... :';-10' .:<, 0: ~,,~ 07 -'- ..~.. BOARD ~. ;~~ DOC_ INT~ <DlD~ I . . (~LfTc, ,~," lia IsLs OF TRUSTEES OF THE INTERNAL HWllelfElWNTYTRUST FUND ,:a~~~:: 3,;\fP'~~ OF THE STATE OF FLORIDA . ~ r I I I N N ~ "- 11./ ~ "" C> U "" W = "" - = = 22 = >- ...... ':::: CT? :3 C> =- U = "" w -=r ::; ~ C> = U '.!l "'-'" ~~ ~ ~ (~ (n'r-~ _'" :J e: 30 'n '" ." '" r'-l n '" ~~ fr]g G'.::: J~.,c LEASE AGREEMENT ..--.... ::::> i-:1 ";tJ .~ lJ r"') .-.- ,'.::I lrf~ da'l~ . -;::, '-::: /iF Tl1Ei Lease No. 3868 p, .,',] THIS LEASE AGREEMENT, made and entered into this of (2......____/ '" between the BOARD OF TRUSTEES 19ff, INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA hereinafter referred to as "LESSOR," and ~OLLIER COUNTY BOARD OF COUNTY j:OMMISSIONERS, hereinafter referred to as "LESSEE." ~- ~..."LESSOR, for and in consideration of mutual covenants and agreements hereinafter contained, does hereby lease to said ~~?~~E_~he lands ~escribed in p3ragraph 2 below, together with ,th~:impravements thereon, and subject to the following terms and .eondl tions: ,.. ""-,-" ~...:- L DELEGATIONS OF AUTHORITY: LESSOR'S responsibilities J!~4_,~obligations herein shall be exercised by the Division of ~- .. ~--.,.- ~>;.:'~~;-2.. DESCRIPTION OF PREMISES: The property su~ject to this _:_::~'-;';'1'7" Jj.A~"e;_j.!!. situated in the County of Collier, State of Florida and ~':""."~~'. Tii;;ore~particularlY described in Exhibit ~ attached hereto and ~'" l' -::,. }i~~;i;after referred t6:,l-~:-: .~-:i~,-~-~..3., IE.B..!1; to as the "leased premises". The term of this lease shall be for a period of commencing on 9cLl~ .2>/. /1tfu and endlng on , unless soonerOterm~nated pursuant to the lease. ~", "' -- ~_h_'_... __~ 7:--'~-1f:'. PURPOSE: The LESSEE shall manage the leased premises :~~l~ fo~ the establishment and operation of a county park, along :';;~t;i:~other related u!:;:es necessary for the accomplisllwent of this purpose aE designated in the Management Plan required by paragraph 8 of this lease. 5. QUIET ENJOYMENT AND RIGHT OF USE: LESSEE shall have the right of ingress and egress to, from and upon the leased premises for all purposes necessary to the full quiet enjoyment by said LESSEE of the rights conveyed herein. Page 1 of 20 Lease No. 3868 o :ro ':::=l 0::; o a :::>" "U P- C) rr1 '- U'I U'I = = "'" "'" ....., "'" . . 6, UNAUTHORIZED USE: LESSEE shall, through its agents employees, prevent the unauthorized use of the leased premises or any use thereof not in conformance with this lease. 7. ASSIGNMENT: This lease shall not be assigned in whole or in part without the prior written consent of LESSOR. Any 8ssiQnment made either in whole or in part without the prior written consent of LESSOR shall be void and without legal effect. 8. MANAGEMENT PLAN: LESSEE shall prepare and submit a Management Plan for the leased premises, in accordance with Chapters 18-2 and 18-4, Florida Administrative Code, within 12 months of the effective date of this lease. The Management Plan shall b~ submitted to LESSOR for approval through the Divi5io~ of State Lands, The leased premises shall not be developed or physically altered in any way other than what is necessary for security and maintenance of the leased premises without the prior written approval of LESSOR until the Management Plan is approved. LESSEE shall provide LESSOR with an opportunity to participate in all phases of preparing and developing the Management Plan for the leased premises. The Management Plan shall be submitted to LESSOR in draft form for review and comments within ten months of the effective date of this lease. LESSEE shall give LESSOR redsonable notice of the application for and receipt of any state, federal or local permits as well as any public hearings or meetings relating to the development or use of the leased premises. LESSEE shall not proceed'with development of said leased premises including, but not limited to, funding, permit application, design or building contracts, until the Management Plan required herein has been submitted and approved, Any financial commitments made by LESSEE which are not in compliance with the terms of this lease shall be done at LESSEE'S own risk. The Management Plan shall emphasize the original mariagement concept as approved by LESSOR on the effective date of this lease which established the primary public purpose for which the leased premises are to be managed. The approved Management Plan shall provide the basic guidance for all management activities and Page 2 of 20 Lease No, 3868 l1em t'Jo. 6036 ; ~l 2008 and>892 ~~3 81 ~ 40 o => :::0 :::l D:l W o 7. U1 <.n = = '"U = 1>- '" G') 0..) rn ....., 0..) . . '~~'rn :'V':' ':'1 'J shall be reviewed jointly by LESSEE and LESSOR at least every ~c;' Ilia:\! -, -, " ';:':I::;,r u five (5) years. LESSEE shall not use or alter the leased premises except as provided for in the approved Management Plan without the prior written approval of LESSOR. The Management Plan prepared under this lease shall identify management Cl ::D '':::> o:J U1 Cl Cl U1 - ~ strategies for exotic species, if present. The introduction of exotic species is prohibited, except when specifically authorized by the approved Management Plan. 9. EASEMENTS: All easements including, but not limited to, utility easements are expressly prohibited without the prior written approval of LESSOR. Any easement not approved in writing 10. SUBLEASES: This a9reeme~t is for the purposes -u J>. G-.l specifiedrn -J .".. = = '" CJ.> by LESSOR shall be void and without legal effect. herein and-subleases of any nature are prohibited, without the prior written approval of LESSOR. Any sublease not approved in writing by LESSOR shall be, void and without legal effect. 11. RIGHT OF INSPECTION: LESSOR or its duly authorized agents, representatives or employees shall have the right at any and all times to inspect the leased premises and the works and operations of LESSEE in any matter pertaining to this lease. 12. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings, structures, improvements, and signs shall be constructed at the expense of LESSEE in accordance with plans prepared by professional designers and shall require the prior written approval of LESSOR as to purpose, location and design. Further, no trees, other than non-native species, shall be removed or major land alterations done without the prior written approval of LESSOR. Removable equipment and removable improvements placed on the leased premises by LESSEE which do not become a permanent part of the lea~ed premises will remain the property of LESSEE and may be- removed by LESSEE upon termination of this lease. 13. INSURANCE REOUIREMENTS: During the term of this lease LESSEE shall procure and maintain policies of fire, extended risk, and liability insurance coverage. The extended risk and fire insurance coverage shall be in an amount equal to the full Page 3 of 20 Lease No. 3868 ~ . . ,,s,gsrr::.;a I I I iterT] ~,jo. 6l:b36 5. 2003 - ,.., f4J <--'~:1:';;' L:' 0, : i , ~~,~ 'v ,_, , ' insurable replacement value of any improvements or fixtures located on the leased premises. The liability insurance coverage shall be in amounts not less than $100,000.00 per occurrence and $200,000.00 per accident for personal injury, death, and property damage on the leased premises. Such pOlicies of insurance shall nam~~~SSOR, the State of Florida and LESSEE as co-insureds. o ::tJ rn o o ;?< CJ'1 CJ'1 = LESSEE shall submit written evidence of having procured all insurance policies required herein prior to the effective date of this lease and shall submit annually thereafter, written evidence of maintaining 'such insurance policies to the Bureau of Land Management Services, Division of State Lands, Department of Natural Resources, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399. LESSEE shall purchase all policies of insurance ~ from a financially-responsible insurer duly authori~ed to do '"U l0>- G) rn = '" '-" ......, CJ'1 business in the State of Florida. Any certificate of self-insurance shall be issued or approved by the Insurance Commissioner, State of Florida. The certificate of self-insurance shall provide for casualty and liability coverage. LESSEE shall immediately notify LESSOR and the insurer of any erection or removal of any building or other improvement on the leased premises and any changes affecting the value of any improvements and shall request the insurer to make adequate changes in the coverage to reflect the changes in value. LESSEE shall be financially responsible for any 105s due to failure to obtain adequate insurance coverage, and the failure to maintain such policies or certificate in the amounts set forth shall constitute a breach of this lease. 14. INDEMNITY: LESSEE hereby covenants and agr~es to investigate all claims of every nature at its own expense, and to indemnify, protect, defend, hold and save harmless the State of Florida and LESSOR from any and all claims, actions, lawsuits and demands of any kind or nature arising out of this lease to the extent provided by law. 15. PAYMENT OF TAXES AND ASSESSMENTS: LESSEE shall assume full responsibility for and shall pay all liabilities that accrue Page 4 of 20 Lease No. 3868 . . i:eii'] ~'J:J :::1 '~j G 2"(1 Cs to the leased premises or to the improvements thereon, including?age ..:;.1'il 0 any and all ad valorem taxes and drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against the leased premises. 16. The failure of LESSOR to insist .::0 NO WAIVER OF BREACH: in anyone or more instances upon strict performance of anyone or more of the covenants, terms and conditions of this lease shall not be construed as a waiver of such covenants, terms or conditions, but the same shall continue in full force and effect, and no waiver of LESSOR of any of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing, signed by LESSOR. 17. IlMt: Time is exp~ssly declared to be of the essence of this lease. 18. NON DISCRIMINATION: LESSEE shall not discriminate against any individual because of that individual's race, color, religion, sex,' national origin, age, handicap, or marital status with respect to any activity occurring within the leased premises or upon lands adjacent to and used as an adjunct of the leased premises. 19. UTILITY FEES: LESSEE shall be responsible for the payment of all charges for the furniShing of gas, electricity, water and other public utilities to the leased premises and for having all utilities turned off when the leased premises are surrendered. 20. MINERAL RIGHTS: This lease does not cover petroleum or petroleum products or minerals and does not give the right to LESSEE to drill for or develop the same, and LESSOR specifically reserves the right to lease the leased premises for purpose of exploring and recovering oil and minerals by whatever means appropriate; provided, however, that LESSEE named herein shall be fUlly compensated for any and all damages that might result to the leasehold interest of said LESSEE by reason of such exploration and recovery operations. Page 5 of 20 Lease No. 3868 o :;:0 CO o o ;;<; ,..:::, U1 U1 = ~ "1J ~ !>- "" C') w 1TI -..., 0'> . . iH3nl 1\<0. 6D36 january 15. 2003 LESSOR .42 of ~ ,1C1 21. RIGHT OF AUDIT: LESSEE shall make available to all financial and other records relating to this leas8, and LESSOR shall have the right to either audit such records at any reasonable time or require the submittal of an annual independent audit by a Certified Public Accountant during the term of this leaaa~~__rj~ht shall be continuous until this lease expires or is terminated. This lease may be terminated by LESSOR should LESSEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this lease, pursuant to the provisions of Chapter 119, Florida Statutes. 22. CONDITION OF PREKISES: LESSOR assumes no liability or obligation to LESSEE with reference to the condition of the leased premises. rhe leased premises herein are leased by LESSOR to LESSEE in an .Ias is.. condition, with LESSOR assuming no responsibility for the care, repair, maintenance or improvement of the leased premises for the benefit of LESSEE. 23. COMPLIANCE WITH LAWS: LESSEE agrees that this lease is contingent upon and subject to LESSEE obtaining all applicable pe1j~it~ and complying with all applicable permits, regulations, ordinances, rules, and laws of the state of Florida or the United States or of any political subdivision or agency of either. 24. NOTICE: All notices given under this lease shall be in writing and shall be served by certified mail including, but not limited to, notice of any violation served pursuant to 253.04, Florida Statutes, to the last address of the party to whom notice is to be given, as designated by such party in writing. LESSOR and LESSEE hereby designate their address as follows: LESSOR: Department of Natural Resources Division of State Lands Bureau of Land Management Services 3900 Commonwealth Boulevard Tallahassee, Florida 32399 LESSEE: Collier County Board of County Commissioners c/o Collier County Parks and Recreation Department 3300 Santa Barbara Boulevard Naples, Florida 33999 Page 6 of 20 Lease No. 3868 0 .~ ;;0 .:::; CD CJ1 <=> c 0 CJ1 ::>: = ~ u = )> '" G") w IT1 ....., "" . . '~!C-,T1 '<J. 25, Should ,~. ~.:') BREACH OF COVENANTS, TERHS. OR CONDITIONS: LESSEE breach any of the covenants, terms, or conditions of this lease, LESSOR shall give written notice to LESSEE to remedy such breach within sixty (60) days of such notice. In the event LESSEE fails to remedy the breach to the satisfaction of LESSOR within sixty (60) days of receipt of written notice, LESSOR may ~ 5 either terminate this lease and recover from LESSEE all damages LESSOR may incur by reason of the breach including, but not limited to, the cost of recovering the leased premises and attorneys' fees or maintain this lease in full force and effect and exercise all rights and remedies herein conferred upon LESSOR. 26. DAHAGE TO THE PREHISES: LESSEE agrees that it will not do, or suffer to be done, in, on or upon the leased. premises or as affecting said leased premises, any act which may result in damage or depreciation of value to the leased premises, or any part thereof. LESSEE shall not dispose of any contaminants inClUding, but not limited to, hazardous or toxic substances, chemicals or other agents used or produced in LESSEE'S operations, on the leased premises or on any adjacent state land or in any manner not permitted by law. 27. SURRENDER OF PREHISES: Upon termination or expiration of this lease, LESSEE shall surrender the leased premises to LESSOR. In the event no further use of the leased premises or any part thereof is needed, LESSEE shall give written notification to LESSOR and the Bureau of Land Management Services, Division of State Lands, Department of Natural Resources, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 at least six (6) months prior to the release of any or all of the leased premises. Notification shall include a legal description, this lease number, and an explanation of the release. The release shall only be valid if approved by LESSOR through the execution of a release of lease instrument with the same formality as this lease. Upon release of all or any part of the leased premises or upon termination or expiration of this Page 7 of 20 Lease No. 3868 C) :xl OJ C) C) :A ~ U' = ~, "1J l> G') l'Tl =: "'I C"...)! ...." 00 ! . . \1SI1, !<c. ,Ei 1'36 January 'i 5, 2~IG5 lease, all improvements. including both physical structures and Pags 44 01 40 modifications to the leased premises shall become the property of LESSOR, unless LESSOR gives written notice to LESSEE to remove any or all such improvements at the expense of LESSEE. The decision to retain any improvements upon termination or __________expiratiQU-Q~Fis lease shall be at LESSOR'S sole discretion. Prior to surrender of all or any part of the leased premises a representative of the Division of state Lands shall perform an on~site inspection and the keys to any building on the leased premises shall be turned over to the Division. If the improvements, do not meet all conditions as set forth in paragraphs 19 and 35 herein, LESSEE shall pay all costs neces~ary to meet the prescribed conditions. 28. BEST MANAGEMENT PRACTICES: LESSEE shall implement applicable Best Management Practices for all activities conducted under this lease in compliance with paragraph 18-2.904(l)(d), Florida Administrative Code, which have been selected, developed, or approved by LESSOR or other land managing agencies for the protection and enhancement of the leased premises. 29. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the leased premises is held by LESSOR. LESSEE shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property contained in the leased premises including, but not limited to, mortgages or construction liens against the leased premises or against any interest of LESSOR therein. 30. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this lease shall be ruled by a court of competent jurisdiction, to be invalid, void, or unenforceable, the remainder shall' remain in full force and effect and shall in no way be affected, impaired or invalidated. 31. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this lease in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeOlogical and historic sites on Page 8 of 20 Lease No. 3868 C> ,::, ;:0 = ill en Cl C> en ::-; = = --0 D; :t>> ....., G') "" lTl --.J CD i . . state-owned lands is prohibited unless prior authorization has been obtained from the Department of State, Division of Historical Resources. The Management Plan prepared pursuant to Chapters 18-2 and 18-4, Florida Administrative Code, shall be reviewed by the Division of Historical Resources to insure that adequate measures have been planned to locate, identify, protect j,-'-;n-; ;, c!. 5. ~J '::i;J~' /, ~:' c; .:,Cl and preserve the archaeological and historic sites and properties on the leased premises. 32. SOVEREIGNTY SUBMERGED LANDS: This Lease does not authorize the use of any lands located waterward of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space thereabove. 33. DUPLICATE ORIGINALS: This lease is executed in duplicate originals each of which shall be considered an original for all purposes. 34. ENTIRE UNDERSTANDING: This lease sets forth the entire understanding between the parties and shall only be amended with the prior written approval of LESSOR. 35. MAINTENANCE OF IMPROVEMENTS: LESSEE shall maintain the real property contained within the leased premises and any improvements located thereon, in a state of good condition, working order and repair including, but not limited to, keeping the leased premises free of trash or litter, maintaining all planned improvements as set forth in the approved Management Plan, meeting all building and safety codes in the location situated and maintaining any and all existing roads, canals, ditches, culverts, risers and the like in as good condition as the same may be on the effective date of this lease. 36. GOVERNING LAW: This lease shall be governed by and interpreted according to the laws of the State of Florida. 37. SECTION CAPTIONS: Articles, subsections and other captions contained in this lease are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this lease or any provisions Page 9 of 20 Lease No. 3868 0 .~ ::0 :.::J en U'1 0 0 U'1 :A co "1J :D- G':l fTI co '" w = co . II 1I1 J 5 0 DR BOOK . () {) 238 I ;L'.JS;r:::;a It~,;T, r'b. 16D:J.3 ;PAGE ' ,;allL13rv 5.20C18 Page 4,6 of 140 thereof. 38. SPECIAL CONDITIONS: The following special conditions shall apply to this lease, IN WITNESS WHEREOF, the parties have caused this lease to be executed on the day and year first above written. TRUSTEES OF THE INTERNAL T TRUST FUN F THE - FL I A-----, ,.t1tl--.-T-......----------1 ..< \\~'}r,:',~. ~'.:.~::.: .<,':.::....: "- B' : -'.' II. d".i'.'t"Sr:A'~'I,",';':'" - , . ,",1"'<,',, __"""". R C R, D VISrOlF.:... ,,'. jT~.r,.. A.i'.~''/~'[/~~:f:f''.(::,,':,:,' LANDS, DEPARTMENT......'!>. .F'. ~"'~~ti. 'lii;\.'~~l'VI~'v'.'.'~.';~:(.':-... "1 ,or, .,~";. "i,\," f '..,.1"- RESOURCES :~i~~I'" ~~"O~J'/I;rttt;r{t~,~~~ll/'~::~;:' .j . ""'~,,., ,.~. J~t~~ ~'~li"+"I' ,', '.ii.I')'~~~,l~'" r. i' if~'tI\JI tri~IW:'~":': II LES SOR tI '~<'!i!'?.8i"7~'~i;~ ',J'.',. ~f~l,\.\,}.,.-> '.::.;<~: :,' '<"il',,~jl''''':''iV;'.''P'''''.'''' ,,' : ::,'S';~Y:~!t"'~;:: /it:J' ';"'i'~:, (::;, ,;., ",' ",,(,., ".- (SEAL) J.L '~""A' ). ~1''c'1 w~ tnes U (1l'HI.~<t.I( RnVL~QL~ Witness STATE OF FLORIDA COUNTY O' LEON The ~da', as Direc' or, Resource' . H~. Commission Ar i ___ ., i 1 Approved os ,I, form & ego I ,ufflclency . JAJJ.i . ~"~lunty Allorne i . I. . . \ wi BC' ~RD OF CULLIER By: Its: rI,..\MPMb..\..1 Witness "LESSEE" STATE OF FLORIDA COUNTY OF The foregoing instrument was aCknowledged ~,day of rA!.. ' 19-.te:, by ~. C; ~,. 'V:C:_~ ../.1--"-V-Gt--:.,'......... before me .........,0.., , this as Page 10 of 20 Lease No. 3868 (SEAL) N ,\\\\\\\Illlii'~t):~, ., ;':~:.\\\t.nOO\ € U{ff>' " ,.,~~\. .-....... \)-0",.:\ My Comm1ss~on EXP.,~.;F;:~.-:~~C~",:-,./:'\>, "~",-""!! [01/\ ~.\',:.:". " MOTARYPLelICSTATEeJ: FlauOA ,f':;~\~i~i.~l~l4n;"' ~ m CDTJISSlOO EXP.SEPT.t9.19'n ;f'!'Y~\k~'~p u B~~~"':~'.i lIeJaD TlAJ GEJERAlltlS.I..Nl. . ;~f~:;h\~tlJi\~.. 'l\3i~~'"~'~:'}' '.'~~". -:. If ..L...... . ("t. ,. ,:/~;;,<!t~,oFl ~\.:J "", , ,. -\""'.t'~'it"'iliullhli'\\" ~ . ( .. ;':;:'i' !,icJ ',':JCi:F; u~i;;',;ar\ ;::'1 :;:C;(i3 C) ~ .:1 ,~! EXHIBIT A -Page 1- ^ p;1Tcel of limcl cxtclloing from the Gulf of Hcxico to the l:atcrs of <1 b:1}' in Section 17, TOh/nship 48 SOllth, Itiln~c 2S Enst, Colller County. Floridtl, said pi-lTcel of land being described as f0110\\5: From the northcnst COTTler of said Section 17 run West along tl,c Nort}, line of snid ScctioTl 17 for 2672.80 feet (passing tJl~Oll~h ("...J n concrete post marking the East quartcr-quilrtcr 0/.1 1/4) corner "O::>'__UJ_~'-t_L~J6.40_fec~and_~_,~~11ier monument at 1899.51 feet) to;t . (T') '-9 concrete monument marKlngThc-qUaite-r' (1/4)-'corner-;-.t'henEe-GOntlnu~ N <t: Ne~t along said North line of Section 17 for 776.71 feet (passin~ CI [L through a concrete nost at 178 feet) to an intersection h'ith t'he ~ agreed upon boundary line recordecl in Official Record Book 68 at pages 235 to 250, inclusive, of the p\lblic records of ~ollicT County; thence continue West along said North line of Section 17 for 1408.70 feet (Dassing through concrete po~ts ~t 1007.57 feet and 1357.57 fcet) to a Doint on the westerly line of a roadwa~' easement 60 feet Hide known as Gulf Bay Drive; thence Tun south- easterly a10Tlg said westerly line of a roadway easement fin f~et wide along the arc' of a curve to the right of radius 2~ ,8SR.33 feet for 2626.57 feet (chord bearing S. 12013'nO" E.) to the point of beginning of tI,e herein described lands. . = U") U") "'" D", O. rn. ." 0:: D~ c ~ . From said point of beginning continue southeasterly along said Hesterly line of said roadHay easement along said arc of a curve to the right of radius 22,888.33 feet (chord bearing S. 8040'15" E.) for 99.87 feet; thence run South; 8101B'lS"W. for 400 feet more OT less to the 'iaters of the Gulf of Mexico; thence Tun nOTth~csteTly along said waters to an intersection with a line beari~g South 810 03'15"\'\'. passing through the point of beginning; thence run North 81003'15" E. along said line 400 feet more or les~ to the point of beginning. ALSO: Beginning at the hereinabove meniioned point 05 beginn~r)!!, rUT) soutl,casterl)' along said westerly line oE a. road\~a~' e;l~cment 60 feet wide alollg said arC of a C1JTVe to the rigllt of Tarlills 22.,BSS.33 feet for !19.87 feet (chord bearing S. SO~!'111:;"E.) "thence run North 81 D18T 15"E. for 390 feet, more or less, to t::e '.;aters of said bay; tl,cnce run nOTth\~esteTl)' along said waters to an intor- ~ection Hith a line bc.a:tlnb :';',:,'rt1! 81o(13'lSITF. fl:t~sing :~rol1gn the fJoi.r;t v[ t;:J;':'~~.:~i'lg; tnFnc('. nL--: S::u..:h ELo(l311'5"W. fa; :S-:-S ;F:'f't l!lDTi" or le~s to tl,e point of beginning. / . ry.,,"',.~ ('lox! V~,~'lt:l \~':L":~';~:~~'.~ ~':;'I;':U~::: 2~:.~i - NO. .3 g- 0 f EXHIBIT ,1 PAGE~ OF 2{J ,~) = l1J ...rr:)._c..:> "" .<! = 0... = ~ lJ") CJ lJ") C> co = ~ C> - .:,. .,' . " . t'!':J 16C'36 ':5_ :.:'DD3 EXHIBIT A -Page 2- ..:is e,f "140 DUANE HALL (\( ASSOCIATES I:NCINEI:lln AND sUlIvr;vons eooo po. '''1-11''.41 TI'''IL .uns;.. ""LL"" "LAt" .,J:U;,.UO",. W& ....1. FonT MYERS, F'LOnlOA 3:3001 Fcbrullry 2, 1967 nEscnIPJ-.!~N A rARCEL OF LAlm-i1C--"--~ Sf.Cl'ION 17. T.48S., R.25r.. COLLIER COUNTY. FLORIDA Fro!lI the northeast corner of Section 17, Townr.htp 48 South, Rnn~(> 2S I':oot, Colll~r County, florida, run wC5tcrly o.lone the North llne of sold Sectlol\ 17 for 2672.80 feet (passing throuGh D COl\crcte post moddng tbe Eost q\lartcr-qu-3ner (.UJ corner nt 1336.40 feet anu n Collter monunlcnt at 1899.51 fecc) to n concrete monument mBrkLng the quarter 0;) corner; thence coatinuc ~C&t 1I1one cnid Norch line of Section 17 for 77&.71 feet (pO-soine through 11 concrete post. tit 178 feet) to an inte1"cC!ctinn ""lth the nr,rec:d upon honm!:lry Un!'. rC!corocd in Official Record nook 68 ot PtlflCG 235 to 250, !nc.lur.ivc, of !,he T"'ublic records of Colltc.I' county; -thcl1cC c.ontinllC! WC.lrt along r;ald t:orth linc of Sectinn 17 for 396.57 feet to the er-isting Bulkhead Line at: cst.ahlii:hcd by the Board of Collier County ComrniulcHleI'S on Hnrch 17, 1965 :inti the point of beginninr, of the. herein del>cribed lnnds.. Fn',:I b.1ltl point oC beginning run S. 12000'E. alone 58te! DUlkhend LiTle for 3:;,;,5 feet to II poillt DC curvature; thence run &outhellfiterly, :;outhcr1y and 1;;l.Jt\1\lcGte'tly nlons said Dulkhend Line alone 0- curve to the right of' 'rlltHU!l 1',1/..57 [Cil.t for 547.67 feet to a point of revcrGe curvature; thence run (,;l\:Ltl\~CI;terly, f>outhcrly and 6outhclIs'tcrly Glone sllid Dlllkhe:nd Line alone nn nlC ~[ a ~urvc to the left of radiuB 470.28 feet fDr 3&3.39 feet to_a point C,l r('vC'l"r;c curvtlturci thence "Tun 6outhc.nsterly, &outhcrly tlnd f:Ollthwcfitcrly n'long :;:<\d l',ulld\c...d ltne :donr, the _llTC of Q curve to th~ dr-ht of r:ld[ull 4)J.63 feet i,,, ',~6.9!. feet to Q potnt of rc:ven;c curvl.lttlrci thence run cOuth",clltc:rly nlDos I;..~,I Hulhhc;lJ lln.:: #lIons the lire of A curve. to the l~(t ot TMlIIllO 561.48 fc.c.t t',:t' :h,t1.l,.4 I~Cl to :'I pnint or Cnr.l/lClUnd ellrvnturc.. thence 1"\11\ lIolllh\Jcliu:rl:; I I;.:luthcrly ;\:~.J ,.,,"th(~'-d;trrly -l\lont:. r;.lld nulldlei1J Ilnl." nlonj~ "'the tire of _n curve to the. ll~rt of .1,; :1I~; ~71.1,(1 t"e(~t [or /d'lD.91 [('ct 'to iI point 01 t'r'Vt'rr;(' ClIrvAture; thCTlcC",Ull 1.!:::;~I'Jy .1[HI Iioulhe.15tcrly tllonl: s.lll.! Jlulkht'.ld lllle ;l\f'l'l: th~rrrc-uf II C\lT'<h."_' to l:". ri/:h..t oC r.IlIJll!; 3)0.60 feC't for li09.01 rc~l to II l'u:nl of compound cllrv.lt\\'(e; : i" ::,',~ }'\II\ !,'l\ll i,,'a:;! \::'71 y :t:~" 'l....IIlhcrly-c:l.lollr, r;.lld 1\11] \dW.lt1 llnc> nIon!; the. ;lrc of .1 (,\IP'.~ to the l'[r,h!: of rndillS 1724.91 ["'Cl [or 824_~(J _!~-et lc...., _pn!.nt o( co;;:pound cllt"v,d,lIr~i th{~llce nm !ioutherly ,1nd I'('lllhl.":5tCJ:ly IIlonr., l::riil nulkllt','I\ line ..loor, ti,l' ;1:'C of ., curve to the riCht o[ r.1tlhlf': 7l13.J7 (eet for llHL32 [l,,~t ton point 01 cn:;\lH11L1I.:! curv:J.l\ltCi thence run r,outh\JCSlCl"ly tirong s<lid Ihllkhc.:Jd line. IllClng "the <i:"C 01':'1 curve. to the lc,ft of rmliu6 1040 fc(!.t for 621.14 [c~t co the end of G<ltd Bu}kh...."d lim: .:tnd the "North chore of \HCC1ns P:HiG; thcncE! run southwesterly alons tllC \.'.ltcn; oC \.Jir,gills 1'1lS6 to on IntcTgectlon 'With the 'Iolnte'[l; of the Gulf of Hl!i:lcoj th.!ncc run northwesterly alons 68it! 'Jllters of- the Gull oJ l'lcxico to ...n intersection \.lith said North line of Section 17; thence run East along said North lbc of Section 17 for 1355 feet more or leu to the point of be[',inning. il.!D.ring/i ere from,nssuming said North line of Section 17 as running ..ESGt lIna }leot., '., ~::.__J\ 1!'ICI!lMIH";~Y:'" (' '. "U-( lilX . .(:~:;.'; '_1.\ (~:ll?/~ \. ,"":: r " '::'::J~'_'.]_]. ~L'\ J'.O O.~t~ :.... ~.::--" IlIW'I';'dl1l1,:l,/ (,-" ,- \511'''11'' <~I.'';'' ~c.l..!..l!~1f\^ - I i. I".~ ,:::,J '"'''' \ ;"~ \J~_~__~ I ~ '.. :~.. NO. ,1~ ('/6 EXHIBIT A PAGE...Jb..,OF~ .,-; ..' ~ EXl1I131.1 "^" E^CEP',"i~G TIIEIWr.-nCn:( the land~ desc.ribed 'n h" ~ Ex ~b~t ^. pages 1, 2 3. 4. and !; attached here~o. :,..... / d . . EXHIBIT A ~Page 3- DUANE HALL lJt ASSOCIATES CI'/CINCCflG "'1'10 GUflVEYOR9 000(> DO, r........U.......,1. OUlT" a, V,LU.. "L,q.. TCI....."O... W. .'.~I. FORT MYCnG, ,.LOnIOA 3300\ February 1," 1967 ~-" : ''',' , .._,."-:-~_. . - " = CT? '" :w~ ~C>l !-o:! "r co = en en ,,-; 0' b~ a:J c.:.: ~ 0' ':.-::' -----DESCRTl"TION-- PAneEr.s 22 ond 22A GULF TO nAY ESTATES SECTION 17. '1'.485.. R.25E. COLLIER corn:n. FLOnIDA. }. p<lrccl of land cJI'tcnull1g [rom the Gulf of Hcxlco to the 'WnteTI of n hll)' in Section 17, 'Tovru;hJp 48 South, R.1nge 25 Eart, Collier County, Florida. I:81d pnrcel of Innd being dc~cr!~l!d a. follo~p: From tho northcllGt corner of onid Section 17 run WeDt Ilone the tlorth line of Guid Section 17 for 2672.00 feet (pallIng through B coneroto pOEt marking the E~st quarter-quarter (tt) corner Dt 1336.40 feet nnd a Collier monu~ent nt' 1899.51 feet) to A concrete monument marldnr: the qUArter (.\;) corneI"j thence continue UCllt Alone lI.:lid Horth line of Section 17 for 776.71 feet (paBl;inr; throu~h a concrete post at 178 feet) 1:V an intersection with the ngreed upon boundnry line rccorGcd in O~ficiAl Record Book 68 at pacen 235 to 250, inclusive, of the- public records of Coll1r.r Count)'; thence continue 1I.....~ ..lnn{; l.:lid .North lir,e1tf SC1:tiun 17 fnr HOS.70 feet (pas&ing throush,concrete pOlltl,at 1007.57 fee'! and 1357.57 fc~t) to a point on the \.Ieeterly line of . rOlld\o'ay Clacement 60 feet wide .known nil r;t:lf I\;JY Drive; tlH~nce run louthcl1sterly lIlong cnid ,",eltcrIy line of a rOi'ld....n}. C;'lf,cnl.::nt (,0 feet 'Wide lIlonc'the lIrc of a c~rve to the tight of r.:ldiut; 22,BSB.JJ ~"ct for 2227.09 feet (chord bearing S. 1251')0" .E.) to the point of besinninjl: of the herein tlcu:rlbetl lands. r~n~ ,~lc p~~ln' of beslnnint contlnuQ southe~5terly 1I10n~ '.:lid ~c'tcr[y line of :;:,lc rO.1J...;.1Y c~~("ment alonr. '/lId D["C of .II eurve [0 the rlChe of ["lI<:!lu~ 22,lISB.JJ ~",.t (.::lHn.J he:Jrln;:: S. 10011'/..$" 1:.) (or 99.67 [c"t; [hellen I'un :;oull1 6000J'1:5"(;, :,,: .'.cn ~,.ct ;;:or~ or le,& to the V.:ltcrl o[ the Gulf o[ r~~J.:le{l; ll,,~n["e rlln nortl..\.:~~tcrly ..., ,.::j: r.;;!d 1.I/1(,'r, to II., lntc["u:e[1on ....(th fI 1111':: b'::,lrlnt; South 7?0l.!l'15" \.:. ral:-lI~nB ~;.:."1l,::1 the p(.Ltnl: o[ -bc..lllnlnr.; tllcncc ["un :;0rth 790c,B'IS"L. 4]on;; '.11tl_linu_!or :,0'-, ::,,~..t, ;;".or.: or 1cr..c_, Ul-the-poiut of bCI;t"nlllllg. :.!.::,.: ile,.ln::!:lr. lit lilc hC'l"cln:Jbovc "II'ntl"l1ctl pOint of h'-;,,'lnIlJIlJ:, rU:"i r,{)II(I:- L,.l't,~:.jy ..,101;<; r..,.ltl \./~(;:tc.rJy line of a ro.al....:l)' e.Hicn;em &0 reet \.:ltlc .a\n~;; :;<lL1 ::-:;: (J~ -.-, c~:-." to_tl,,! rii,ht \.If .r.dius 22:.m:-Z::1J Ieet for 99.B7 !c.::t (ct.-ora heDrinti 5. lD')i.l'.(,S" L,); thence run l;ortl1 8000)'15" [.let for 200 [eet, IT.ore or lcer:,"to ~1;,' \,.r.itert; o[ /;Clitl U.1}'; thence 'run northwctterly 111011& 611ld walert: to nn intCt6{:C- ti_~:I_\Ji_Ul_ll' Un.:! Ll'ndllj'. N. 79ot,D'15" r., TH1&c1nr: Lhrouch the point of oCl:.inninr.; th~:;c{' run SCJuth 790/,D'15" \oJ. for 150 fect, more or IcoD, to"the point. oI besinninri. SU:j.JEcr to And 7DGE"rlLER ....ith the hereinllbovCl mentioned rosdwOlY euelJent 60 foct ",ide., D<1J.rinS' Gre frO:tl usuming Idd );orth lino of Section 17 AI running EllSt And \,lest. ~ nn nn ~~ -. STAT1= OF FLOn'liJA" ~p._CU1~t;r:IT~.~-'.::::.'~,: HAt~J.6_0111 ~!rt. (l~_ tllVf:lIUf\;it7~~~ {\ 11 '" '" or""" ':t~t,,:,'''1 v D (1, 00, l ~ lri~:. .:,:;~~____~ ,'~'--''', nf)f:'I',{'W,RY::: ( ",~ ',j - ~:';III!." \ ~l~ ~ (~." 01:1 ~ ::.t~J::>,) ~~ ~ :~:. ");:: :' ' ~ , ; I : ., ,; I { ~ , ~ , i -J , ...1 "/.' .EXHIDl.:r: "AI! 1., " '.~. 'i pa9~' .1-: - g j ,,315& I ;Nu. , A- _' EXHIBIT )..0 r pAGE~ OF~ ....., -'u. "15036 ,5.2CJC3 .:1S ~,r -'[.:lei I , I I I i I ! I I I I I i , I, I 1 , I ----...; en ' coW ~ .~ ~ i l , , I l .!. . . ..f' EXIUBIT A -Page 4- '~em r'JO. ~ 6:::)36 '[ 5. ~OU8 Page 5(; of 1.:.0 '; OUANE HALL e. ASSOCIATES I:-NGINEc:nG "'NO [lURI/C:YOIlS ....0 ~O, ,.....'.....1 Tn,,'L aUI1" ." ....LL... ""'A:" T[...~,...o-H[ WI. ....,. I"OftT MY ERG, P--LCIIlOA 33001 0',' I'cut'u:lry L, 1967 -----~-- = en Lf') = o.e:; c::i c::i (;::) 0::: .0, DESCRlrrfON--- rAHCCLS 25 nnd 25A GULF TO B~Y ESTATes SECTION 17, 1"....8S.. n.25E. COLLIER COUNTY, FLORIDA. . ,(, J.. parcel of bmd c)>lcntllns frolll the Gutf of l'tcxlco to the \.IDler/l or n b<l)' in Section 17, TO\.lOllhlp (.C South, Ronne 25 EDit, Collier Count)', Florluo, I!Inid parcel o~ Illn~ being described DB fottawa: Fro;;\ the northc(l[\t eornllr of said Section 17 Tun Welt alone the l.orth Hne of G~d SectLon 17 for 2672.BO feet (pDBBlnc through II concrete poat marking the E~Gt quarter-quarter (~\) corner at 1336.40 feet and a Cotlier monument at 1999.51 [(Jet) to a COnCT!!t<l. monument markinC the quarter (1:;) corn!!r; chene:!! eoattmH! ,"'cst .,10nc satd North ll.ne o( Section 17 for 776.71 feet (pllflSinC thrClugh .. a CO:'l.::ro((', post. at 178 feet.) to an intenect10n \lith the agreecl upon boundnry line rCi:Clrucd io Officlol Record Book 68 ot poceG 235 to 250, inchu;1ve. of the public ':"et,,:".h of Collier CmmtYi thence continue Uu.t. along II'/lld Ilorth line of Section. 17 ~OT 11,08.70 feet (paGing throur.h concrete pOliti at 1007,57 feet and 1:157.57 [(\.::t.) to /1 point on the llesterly line of 0 roodllny eor-ement 60 (eet ",ide knovn /16 Gull !>.:1y Drive; thence 'Tun 1I0utlu!D8terly I'lon& sRid ....cllterly Hnl! of a ro...o.....y c:;r;c.;~n: bO feet ",ide alone the OTC: of 0 curve to the ri[;ht of radiu/1 22,088.33 feet for 2426.83 [ee:t (chord bcnring s,IP29I0011 E.) to the polnt of beginning of the lol!r~ln descrlbed lande;. llt'o.');:: r.nlt.! point of beginning continul'! &outhr.nl't(!TIY~/1lonc-'nld -wc,tcd)' Jine of f.:lie ~.p;,,~.....,)' e;:nC::Hmt cdone IIl1it.! arc or II curve to the ~iF:hC of rlll!1ur. 22,eSS.JJ [.,et .:chi:l":"u b~:'Irln;:; 5.9019'15" L) Cor 99.67 feet; chenco! run South 1I0f'l.S'15" \.,'_ f,';. 1,L::J I.:et ~ore 0::'" ler;t to tlw vOIterll o[ the Gul! oC HCltlco; th"I\ce 'l'\;0 nO'l't\;....,:!;terly .-.:..i;:,-: l_tlJ V.Hcr!; to .,n Intl!rr;ectlon \ilth II llnt~ bcnt:ln;:; South 500))'lj"~. pn..l;lr... . hk:::.",:,;.:!: th.~ poll\t or bcr:lrminb: lhcllCC TUfl.!;orth 800J3"15" t. 1I10n& roo.le lll"lo:l (or :.\.1:) :,,,.:1;., male or lcse, to the roint o( be..lnnint. ;.:.:;:1: .:.\-';'.!nr.lnr; .,t Ihe he;:'"elnllhnve ;!Icntlon.::d I,olnt p[ bcr;tnninr:. rur, r.outh~ _..:-.:...::..:..::J~' ~1nl1;-. r;aid \.'cf;terl)' line of -a t'C;)t.!llny -'C;)r,CRlcnt (,0 I'~ct ..:I<1e ;,lon~ &;'11,.1 :I::'"':: o( ;l curve to the Til\ht 01 rndlus n,f1&6.3J .(ccl (or~I}I).:)7 (eet (.:.::::>rd b~'.a.r.in~ S.~')19'15"!:.) thCllce rUll llorth 801)[,0'151, E. for )00 (coet, rr.orc or -lel;G, to the \I.llCr!; of f.;lld uny; th~nce run north....e~terly 1I1o;tt, IIllid \Intern t(l lln lnten;cct10n wlth ~ linc bCllrlnt; J-.:orln 80033'15"[.. 'l'nlillln& throucn the point of ber.lnnil1[;; thence run ~outh f,OoJ.1'lS"\L for 250 feet more or lesll to the: pol.nt of bCf:lrlllinr,. SliBJECT to God 10GETJltn \lith the hereinabove ment.ioned rop,d~llY eaoc.lIlcnt fiO feet 'Wide, bC~71nbD ore fro~ assuming D/1id North lino of Section 17 as running ERlt /1ud ~oDt. ~ STATE OF FLDfilni\' I '2-0CV!,!>,E_!!JAilJ'/;:';",,,. ~lAt.\P lA_l'; 1\ ~[r1.11.'.. k[\,'[NUf (.{\mA-~~) I 1 ~ I;~~'~= OfC21'l' \~;~ n !) 8. 0 0, l " - "",____.__. ,'.'_. .. _--1 E~ _u STATE OF 1- U.J f1 j-eY/'>! I DOCUMENTMI'( ..~~::;;,=, 51At.H TAX I '; O~(jriiiiii-NU~(:r.'l.:;I':':\-- ----.- U. i I I ::: =. !=[I;:)':l;..\~: f1 ! '" " = ,"',." "'G':!'),' Q 0, 00, I :.: 11:..'( .:~:~tL~~__..no... ---1 \ . M" g~ _,u ~ -. .:,'i: '\ EXHIBIT.IIA" .1 :1 :I j "'j " f , ~ , " j ~b. jiMJ \ ~~HIBIT Il'i ":'>~AGE--i'f-- OF~ I .,;:.;,.. ;.;.:' ''-:'i. P3g~.. 2 "''-, ....,-.. " , I I I I I , I I I , ;r;~:,:~ , . ~: ,~:;l; ,'i -. ~'- /. './" " . , ,-~ ::""; ,.... i , i , , I l I \ I ! i I \, " i I f I f I i ----.,-:-'-.-.-, I '"" f = wi (T').,~I -4' ~ eL! = oe::, en D en D C!) = 0:: c 0 . " 16Lci 5, :'l)U(3 ,!~ C! . . EXI,IB:(T. A -Page 5- " , DUANE HALL 8l ASSOCIATES ENGINEERS ""HO f;UAVCYORliI .'00.0, y........... Tn"l!.. IUITI., VILL... P"L"U. TI:l........o..r WI .....H ,.OIlT MYCn~. f"LOnIDA,33001 , , '. ' ._-:.---''----,--_..---'--------'---~,...---..-- February I, 1967 ..----::;c-~- ';,-.~~;';-' .) DESCRIPTION fAnCELS 26 and 2GA CULF TO BAY ESTATES SECTION 17, T.485., R.25E. OOLL~ER cotntTY, nORIDA. < , ','. /~' . . J ;, p.1rccl of land c).;tcndlllG horn the Gulf of HexJ CD to the >.:.,teTS of 11 bny in Section 17, To....n&hlp loB South, Rnnce 25 f.:OE;t, Cottler County. Florioa, said pn:ccl of Inlld bclllC dCGcribcd liS Collo~PI F:'o;;l tl.,~ north~n't corner of Eaid Scction 17 run 'YCDt alo11& the l:orth line oC !><lid S.::ction 17 for 2672.80 feet (passing throu(;h II concrete JlOGt~ mn:-i<in[; tho E::.st quarter-qunrter (lr.) corner at D36.L.Q feet and a Collier monument at lS9~1.51 fo.)l~t) to tI concrete monument mllrkinr; the quarter (.t) C('Irllc.r; fhence cO;:li1l\l~ \J(~r.t alont: 6111d florth linO-o( Section 17 (or 776.71 (eet (pn6sinG throurh ::. C,':lCl'"tc post nt 176 (eet) to nn lntcrccction ~th thl! or,r-eed upon boundnr)' line r..'-cor{~,:u ill OffieLd Hecord_.Book 6B lit rOGer; 235 to 250, inclusive, of the puhlic TC~"-':" of Collier COllnty; thence continue HeGt nlon!: snld :;orth Hne of 5~ction 17 ~or 11,[,11.70 feet (plIlIl;in;; thrO\lr.h concrete pOGtll lit 1007.57 feet ond 1J57.57 f(:';'l) ::{, n p"Jnt OIl the \,Il'!&terly Unc of 1I rOo1dl.'ny p.IIllcnl('!nt GO feet ",ide \<:lIo\.:n no Gu:~ i:.;)' Drive; thence rUIl 1&0lltheo6tcl'ly nlong G:lid \oIea;tcrly line of 1I rOlld\olay C;I(:':':,;,:n~ 6,) fcct vide nlont; the arc of n curve' [0 thc rJr,ht of roulull 22,608.33 r~,,: f(>1.' 2520.70 feet (chord bCRring 5.12021'30" Eo) to lhe point of bC,t;Jnninj; of d.c iH~ndll clcGcrtbcd l"nd&., ~=g:~ 6~:J pDint of bCGinning continue Iloutllc~sterly fllon~ ~~Id ",c'tl'rly line oC ,,;;~J. -:""'~'.;.lY l:..r.ror,c:nt Dloll[; ..~lu nre of 11 CllrvC' to the rl,:ht -(If r:"llll' ::>:',SI>!J.J3 ~",.~ (.:",;"! h.'"dn,: S. 9(104'1~"L.) {O~ 99.U' ["et; th"ncC' l"llll South 510,))'1::;" 1.'. .,. :.;.;;. ;,','; ~"'.r,~ or }r(:r. to thi:! 'IJ'llcr~ (If th,' r;ulC o( :',"lo:l~o; tl'..'a~c [lID n0r:::;'~'cf~t't:rl>, ...' .. !,~:~,l "".1~.'1'r; l~' all jlll,'l'~-::ttl(lll vllh 1\ line h",HI,,;: $Duth t'Ou.'.!\'t::;,. \.,'. T.."ICI:-,;:; ;,,: ."..: ::", :.ni:lt Dr b,';:llInll\;",; th"ll~e rllll ::orth 80"46'15" t. olon,: ,;dJ l{n,~ C,;J0 ~, , ~, ::",:-,' ur 1 "I":. I" lilt' pol lit 0 f 1-1<',. (Iln lllr,. ;.2":::': ;I,';',:;:nill:: ,Il 1111' h"n~ll,.,hr"'l' ".,:,:\,~~:lrd l'nllll ,..:, 10";-.:;>111"1:. rlln I"~\lth- l' .,l"l';: ~:,;I,l ""~!:I,'(ly Iln,.' of It 11l;',:":;lY (::J::,,.,":1l1 "I' (.-t-t ...111" ,,:";";,; ~::tlll ,..~"" ;; <:"1."",. to lh,' rJ;;lol o[ rlldi'l!: :?1.HI:U.33 f,"('L (to) 'J9.h7 rt,.:t (clll..rd l.,.;."lng ~~.:;".J:.'l~" 1:.); thellto:: nlll :;orth Olll03'1)"I.:. [or 375 fcc,t, 1"urc lIr 1['.1,:.>, to thl' \-'.~:.'r.; r.[ r.al,: u;;)'; lhl'!ncc rUll not.th:Jer,tcrly :'11 on,; r.all1 \.'..ll',~ to Illl ;':1':;';1':;,'Cl101) \,] ~~l ;;. 1':::1": hl'!nr1nr; }:orth 60040'15" i:. p,H6!1lr; throur.h the point o! h~.::.l::Dl11l:; ~~",;'.'::o.) \'I'll ~o\llb 50{lt,8' 15" W. for 300 fee: !\lorc 0\' lcna to thl! p01nt oi lJq;inninr.. ~"JilJ::~;-r [.0 and TOGL1";U:U",l.th tho herel.nsbovc tlclltioncd rOG-cluny CnBC:Dl!nt 60 feet vido. )',(;.1,:1.:1,;[; ..::'0 from .Il&cumins uic .Horch lino of Section 17 u runninr;. Eut God i.'CGt. ~.. ~~ ~ -~ -" STATE DF f-LCHiWj,6Cl; ~9C4t!\fNl,^.lt.r/;,,:~;,~~~.~~IA!AU~~' 1'1 ~}I'T,tI~, "EVFtll/l:r;lW",~:4.~,)~~ III, ~ rn :::: Il[CZZ'n \~~:~j~ J 9 D D. 0 0, l;' :; lW,' ;.':.::..;~__ _,~ --1 ST.~TE DF F LDr,llJ;\'I; 9QQ!!.r\U~J~"!D',.~,..,'::;:-.~ 1 A "!LP_J ~ ~:' I \ ~}rl.lIr "[YfffUl~,'/I~, "\1 II ,- - ;"IlOI~}:. ~ " =' ''''''17 ",~tl':' I' 9 9 0, n o. I , . ... ' , .... ' \ .- II" I '..'- ,./ .J 0- ," '''-~'::',:--..__,,__ ~n 0" ~~ ~ , t.' .. i 'f 1 j, i I -Page" 3-:: i 1 .j , "~ '. EXHIBIT, ,;'\A" ".t, I , ,',yt ro 't ! NO. I !;XHIBIT A ' ~AGL..li::..,OF:7--() ; :,i.,,:, . ~ ' .- " "'. ,...:.n'._"-'-r <D Wi CT) c:>;' C"-..J -d: \ = C'l..1 , = ' I i = In In co = ",,;: 0, o co' 0:: ,0 ~:: ~~~ -- -" . . Item ~'~(j_ 61'35 ,-,o,ClUarY,lrS ? '08 rage ::;2 Oi I !~O EXHIBIT A -Page 6- DUANE H/,LL fit ASSOCIATES " ENCINEl:nS AND cunVEVOnS ..00 DO, "....,....., .......L .U,Y... ...'LL.... "I-"U. 111:1-.....0... W.l .....,. ,.OnT ""vcn... FLORlOA 330DI February 1, 1967 '.... " DESCRlrnml PARCELS 27 and 27^ CULF TO n^y ESTATES SEctION 17. 1./,65.', R. 25t. COLLIER c.oUNn'. nORIDA.' A p;1n:e:l of lnnd eKtendlnc from tne Glllf of l'jn:lc:o to the ",aterll of a bay in S~ction 17. To~nshlp 46 Soutn, RnnSll 25 Elllt, Collier County, Florida, Bald p;1rccl o~ land belng dcscribed AS followSI r=c~ the northenct corner of Gaid Section 17 run West aleng the ~orth line of s3it ~~ctlon 17 for 2672.80 feet (peGGins through n concr~tc pOGt markinn the E~st ~u_.ter-quarter (~=) corner at 1336.40 feet and a Collier monument at . 169l).~1 fcet) to a c:.oncretl! monument marking the qURrter OJ corner; tJil!nee co:~:.:i'~\Ii!; Helit alone Gnid North llne of Section 17 for 776.71 feet (pDcc1nr: throush A et>l'lcrete roct llt 178 feet), to on intersection with tbe DF;[C'cd "pori bO\lndnry line :'cC-l'Hlnu in Offido1 Fl.ecoru''8ook 66 at pOllcI 235 to 250.... inclualvC!, ouhe pul,lic :,cco-;-<.Ic of Collier County; thence' continue llC!st alone lIai,1 tlorth line of Section 17 [nr 1408.70 fC!ct (pollsing tbrouch concrete pOlitI at 1007.57 feet Ilnd 1357.57 [ecr) :-.ro ;1 point on the w~6tcrly line of J.I roadway ellccment 60 feet ",ide known as, Cui': 1;.1)' Ddve; thence run southeasterly nlonC&aid ",e.torly line of n rO:ld""lIY C~I!lo'::-::ent (,0 feet wide alollS tne'\arc ofa curve to the right of'radius 22tBBB.3J f"ct for ~626.57 feet (chord bl!srLng S. 12013100" E.) to the point of 'beginning of. lht, ho:::-ein deccribccl lnndll. . ..'....:. rr,l'~, ,;:;i,\ point of hcr.innin~ contimlll couthr.:u:terly n101l& liotd 1.'f'lItC!r1y line of =-.,~,! ",:..1'';;';)' c,,~c:acnt o!gnl~ r.:lid nn:: of a curve to th~ ri;:ht of r.,dlullo22,S511.JJ ~",,:, (chnnl b""rln:~ S. e 49'15"r..) (or 99.81 feet: l"~I\e~ run South 81 lS'15"1!. ~.,;' :.i;;J i.'1;1 :;;ore or ler.!l to the \.'atllrr. or the Cui! or }',t'xlc:o; Ih~l\C:c run nortl.'-.(:&tcrly .1:":"': ,:"IJ \.','l'!r:l to 1111 inc(',rlO;o::c:.tloll \llth II line bl~:!rlnr: StHlth 01 0.3'15" U. pnet:ing :'::;"':";:\ 'the: I",[nt of hq;lmd-n;,,: Lheaee run };orth 8100J'15" T.. ..along 5;11d l..ln~ t,oo {,.,,( ;,;ure .1t. ler,li to the paint of I>q;lnntn;". ....;.\.J. )I, i.l;-,;~L11i; :It the hcu:in:,bco"" 1'1"ntl0Ilt',1 POllll o~ lw;;lllllill;;, 'nm [';outh~ .:..;:::;.;'1.:,' ;.1..1:,':; F;~l.! \.,lcst.~~'l)' l!~l:: ,,~ .::. =~':l'J",':;y e:l~;CJ':\ellt (,0 rt't.\, lJlclc JlJ~;l;, [;.,L:! .;~'':' e>;: ;: curv~ to the d~htof r.ndiul: 22.,838.)) (t.!''!. for!l'9.t17 fc\!t .(chorcl be;;.r.inb $. ~".'.9'lS"E.); thence run liorth 8101B'15"1:. for 390 feet, mOT(~ or lee!>, to the \:;1:..:1':, a:: snid har; thence run nortl1l/l!!:tcrly alonu r,al<.l"'lltl'lTD to nn int'(;r1;ection '11;,;h n lint:! bCo"lrinr, t-;orlh BloOJ'15"r.. po1!lGl.n& throur.h the point of bc[;innin<:; then';'i: run South 51003'15" \I. for 31~ feet morl! or le51 to the point of bq;1.nnin;;. StiilJECT to and ,TOGETHER lJith tne hordnobove ml!ntioncd r-o:.t\.lo"lY eUCDlc,nt 60 fC.:l-t widll. Bac..ri...~& are hom a"ulIIing uid North line of Section 17 u' 'running UBt Il.nd \lclrt. ., STATE DF FLJJflii'Y.^!I' P ~?_Q!!,!\, ~~~.1 ^.~~,r.:,;; ",::.,~ !MM_JA,X I \ ~_fl'T. III IH::VltllIl: f~~1::~'\\ r 1 ~ I~~,,~D{CH'~J \;~~'r~,'y g ~1 n:.,~~ \ :. STATE OF FL0r1Wi7\i1', YSLc;hJt!>~~J~,RJ,/~~';'~,::-;, ~.lf\tl~.L}.A.>.:-.1 " r'll., tI~ ItlVfNU~ti~.~:\:~'\ ," : ~ " = ,"'1'17 \;\~~~~v 9 Q !'l, 0 0,[ ::.: Ill',. "':"~~'~_._ _--1 ~~: r" :..':. .-. -,,, ,. .. " , , ;, ;, ":' ~; ) i ~.. .. " ,i " ',. . < , J" 1 , :. ::.' ,No. EXHIBii';:i.AII ..: , ',' , . Page' :4;, :,,' \., ~ ';1 ;~,. '",," ,"",:," '- "'." ", .' ~ " .."fr{" fi , ,EXHIBIT A i r -c!k. OF:l-O ) ";,1, ",' J, = = CT? {'oJ = w ;1 i I 1- . . '~:i.~ :r,,-,'n i<:J. i::' 3:} 'i t-, tiS;; ,.)_ "- ".Iv :53 ::)t ,.~n EXH'~BiT A -Page 7- ."'IT.... DUANE:; HALL lk ASSOCIATES ENC;INf:E:R~ ........0 5UIlVCYORS .'OO.O,H''';''''''''''''L VILLA. "L...:... T(L~NtONC WI: FORT MYEJlS: "Lomo... ::!3DOI ...... , j I i I I i I I I I I I =. = ~ U'O 0 U'O 0 co = ~ = 0 February I, 1967 DESCRII'Trorr-~ ---".._-,._- PARCn.S 2(1 and 28A GULF TO BA \' ESTATES SECTION 17, T.L.DS., n. 25E. COLLIER COUNTY, rLOnID,\ ,I I' I I i , . i 'II I II ! i i i I' I , ! !i " I A parcel of Innd extendinG from the. Culf of Hexlco to the ~lItcr. of . btly in S!"ction 17, To':'nchLp ~B SOllth, Rance 2S Eut, Collier' CountYI Florida, uli_o pnrccl of land being described 4& followSl :;:0::: t~l.:! r.orth~il6t corner of r:atd Section 17 rUn Welt IIlons the North line 0: 'aLG S~~tion 17 lor 2672.80 feet (pa.&Lng through 0 concrete post markinc th~ t~~t ~u~~[cr~qunrtcr (~l) corner at 1336,40 foet and a Collier monument at 1899.51 f<Jet) to (l concrete monument markine the quarter (\) corner; thence con-:.i:~\,.:l t:.:l:;t alons r;;'Iid North line of Su:t!on 17 for 776.71 feet (ptl56111g through ,1 concrotil f'o:;t at 178 feet) to nn intercectlon \lith the aSn:cd Upon boun<.litry lino ret~rJcd ill Official Record Book 68 nt pDte5 235 to 250, tnclunlve, of tIle public rccol-,~f: of Collier COllnty; thence cont~nu!! Welt .:lIons IItd_d North lin!! of Scct:ion ...:.- ~7 f,,:, llo~8.70 feet (pa5sinG throusbcon~e posts ...u:.....l.OO'7~.57 ir.ct Rnd lJ57.57 fee::) to .ll point on the \leGterIy line of D rondwDY C,'Gement 60 feet \lide known 1111 G\I~.!: ij:,y Drive; thence rlln 50uthenstcrly clone laid westerly lint! of a roaJw:lY {;.l$-~;,;,~;-;t vO feet: ",tdc dons the arc of a curve to the riCht of radius 22,888.33 ,foct for 2726,44 feet (chord bcaring S. 12005'30"E:) to the poll\t of besinnIng of th~ L~;.::in tlcGcribc:d landt;. F:-...::; ::;,~c point of bCSirrnin& conc-in\le ~l;m"t:hc:ln:erly .nlOll~-511(d ,",Cjllerly line ".f :.."... ~..:,;;":."'ay Cllr,C:;,,~l1t IIlons. r.old arc of n curve to the ri(:l.t o{ rlluius 22,8fo5.:D ~,.,,:. (.;',,;~.,l bC:lrill,: S. eO)l,'15"1:.) for 99.87 reCti thence run South 61033'15" lJ. :....- .,~j :.,.,~~ ~,orc or lc:;/\ to the \.-:l:.er, _oL th.:l Cull o{ ~:"Ideo; tl,,~ncc I,m ;;.. ;,.....:-..,.;.,.:.~y :d"l\,~ 5:'11<1 \:"tcr, [0 IIn int~rtcc.tlr..n \lith D tine hc,.U.1n,; SO\lth ." ;,'J:,";:. 1';1:;r.l:';; thro\1-;;11 .the"point of bc:o:1nn!I:C: thc:nte run":!;ordl i11."lB'lS" t. ..,,';:. .1:": ~,illC l..QO Icet !:lore or Ie', 1:0 the puint oC bcclnllln<;. ...",,; ;...::~;z;\1l\r. in the IH'r.::.l:l:luOVC: pcn~l(m'--'u rolnt of l'I'I;lnn1nr" run ~outb- ::', .dol\;'; 1',:11<.1 \.;c:;-\l~l.ly lme of II rO:ld....".,. e.,)!:l:r.ll:lI't. (,0 feet ...hlc. .;Ilone r_.dt! ..;,;., ,':. ,I C\lrvC to the -richt of rncl1uJ'; 22,tlElfi..3J iee!: for 99'.l:i1 !eet (chol..! loc;:'~1."r; :;. ,.Uj~'~::;";:,); thence run t;orth 81oJ3'15"t. for ;15 feet, r.\Ore or lese, to tll" '.';;~,,~.,~ 0: eatc! h;l)'; thencc Tun north\H::6,tcr.ly olon[; 5:iid woter~ to nn int.:::r5octlon 'l.:i~;l ;; l~l1c bc"dn;; North 81010'15" E, "'P~-..rlnb throu;h thc .point-of .heCinnin~; ~h(:,,:(; rUll SOllth [11(116' 15"\1. (ot'" 390 feet more or le&~ to the point of utocinninr;. SUn.';EC7 :'0 nod 'rOGI:1llER \lith the hereinabove mentioned rondwlIY CIIllCIDent 60 feet wiele. Ec.:.;'dn;;b &ro, frolll uaumin& eaid North _linn -of Section _17 a. runnico: East llnd ~o.lIt. ~. n;' , - .,~ -. STATE Of"' I-LrJPli'f.QI'\ OOCUMENIAR'(.;.:..;:..~.., ~ 1^'ALJ~~ I ~frl"". ',l{.HfVi'IlUiT"""()'~'.~, .,!....ij,:, ,II ~ ~ ',', ;[:"1/. () "Q n 0 I ~ rn ~tcll'J7 (~~.~f:.' ' ,.I . I) I ;: 11"~. ~.:.:;~.:--__..._ _--1 , ., "'-N.,,,I~.1 nn1 V,.,lI,,.d (" 011,,;"1 1:~<.,t,I.. ,,! COlt IEn C~'IIl~lY IlordD'" WILLIAM I. IdAG.\N Clc.k Dj c"cu,t [.our1. ~:: :.-:- -" STATE Of"' FU'li'll!jj\! I: OQg!!!\c!,.1" ID,'<,;;,'~!!I_r,).!'.._l A fl. tlII'T 01 IHVf.lIlI~~'i. . 'if 'C\." r 1 : " '" ,~""~.",),, I' 0 0 01 ;:: =: O[~1nl '.~ -~1../. 0 \. ' ~;~;.~,'l -~::,':L_ Jt. ~! . . ~..; -0 STATE DF FLCJnir5i\'1\' P..QfY~_;t!,Y\~J"",:,;,;"~::y_1...~J1E....J.~_~ I !l'.U'I.UI I-4lVHW~(:.;'j~I,..,~1 , I -... .~p. ~ ' r ~ " =-Dlm'" ';'\~~~"V 9 9 nOD, 1 : ::111'.1 .~..:..;.~._..._...J\ ~ '.~ . >,-,'; EXHIBIT:;\.''j.. ..-- :~ -' - " .. .J.::!~ ',i. ';'ZG, 'l; NO. - .,' , 1"~lliBIT ~ (Jr:- , , '1.-0 ~" LL-of'~- P . '-- ! P <19 e 5, ~, "" :;:: ~" .~. STATE Df"" FLllliTiJA1; --oOCU1-,{'t~tl1\1n'.<<,_;;~.......~ l^"h"\.f.=..]~~-t.1 . ~.ff'T. UfiltVF.jililQ';,/i:rt".\,y I II ,. .., ..',. ' ,.. 9 9 n 0 0 I ' ~ "II == t1fCH'l1 ''r}~0./'' W). 'I :~W',( ,;:.:.:.-.~_._. .--i~ ,'.' , ,:' . _.~: ".," r ,/ ( . EXHIBIT "A -Page 8- . IterTi l,jO, '15D36 Jam;:-1:-'/ 'j 5 2008 r'&';19 :..1 of i 40 I'^HCI'I.S ZR ,""t Z~,\ CIlI.F Tn lIAY FSTATLS SFCT]{1N .17, T.I1HS'1 It. 2SI:. COI.L 11:1( cnllN'J'Y I J: L(1I~ r 1lA ,\ p;\rc('l of lilnd ('X\CIHlinp- frolll the Gulf or ~1cxico to the ""~ltcr:; or a b:l\' in Scct.ion 17, TO\'!Jlship o1K South, Itnl1gc 2~1 East, Col1jcr C:Oll~lt)', Florid;,', s;lid l1ill"Ccl of 1;111(1 llCillg Ilc5cr311cd ;15 follows: . , from the northeast corner of :;;1id Section 17 ron 1\'est nIang the north .''''---'''l'i nc-of------Sfl j d-Soct~.i on-L7-__f.ox,"_.2{i22...s..n._{ctl.._r.rn~~) nr, _.~J' rourih it con c l"e t c post mi1d:jn~~ the East quarter-quurteT (1/4-1/4) cOl-n-cr--i1T-r:r3G-.-"n-fcC't ;lnd n (ollier lnQl111\11Cllt at ]H~9.S1 fcct) to fI COllcrete monunlcnt mi1Tkjl\~ tl10 qll<ll.tCT (1/4) COlOnel"; tl,CllCC COlltin\lC West nlong said NOl"tll line of Section ]7 for 77(1.7] fcC't (\HIssing through t1 concrete po~t <1t ]7R fC'ct) tCl. ,lI) intersection ,,'jth the agl"ccd upon bOlllldar)' line 1'C'conlcd in nrricial l~ccon1 Rook 68 <1t pages 235 to 250, inclusive, of the Puhlic Reeol'lls or (oIlier County; t-hc.ncc continue Nest alonr. said North line of Section 17 f01' 1408.70 feet (p~ssing tllrougll COllCTcte posts at ]007.57 feet nnd 1:;57.57 feet) to a point Oil tllo Hestcdy line of i1 roadh'a)' casement (,n fcet Hide leno,,," as Gulf nay l)1'i"cj thence run southeasterly along silitl wc~terly line of a roadway casemCllt ~o feet wide nlol1~ ti,e nrc of n C"t1rve to the right of T7ldiu5 22.888.:;3 feet for 2726.44 [cet (chonl hearing S.12005'30"E.) to the point of heginning of the herein llcscrihecl J:lnds. !"rom said point of heginning continue 5ollthca~teT])' :l1ong the sa:i.c1 l,.'csterl)' ] ine of said rO<lih.':I)' c<lscmcnt along 5<1id aTe" o-f ,I CUTve to the ri ght of 1"ildius 22,8::18.33 fect (chord bcnring S. SC>301'15''f:.) for !1~.S7 fect; thence run SOllth Rln33115"W. for 4nn feet more or le5s to the Haters of the Gulf 0f ~lexico; tllencc Tlln nOTthwc~terly along said waters to all in~cT5cctjon \.;ith a I--jne benring South 81 C>lB'1S"W. p(\ssing through the point of beginnillf, thence nm North Rlo1811S" E. along sairl line 400 feet marc or less to the pain'!. of beginning_. \I.so: Bcgllllling nt the hereinahove l1\cntjoncll point of ncgjnnjn~, 1"11" ~(ltltJle25tcr])- alol1g sn:1(l westerly line of ;l ro(\~way e3sement 60 feet ~.:i{le Ellong snill :lrc of 11 curve to the right of radius 22,F:fl~.~:; fcct for ~)~L.87 feet (c-hord bearing S. frC>3t\'1S"P..); t-hcm--c-c---nnr N01'th 810D-'TS"E. for _'ns feet, more or less. to _the \~(It(':rs of said l)"a)~t-hencc nm nortJl- h"('~_tGr1y ll]ong s;1id \Hlters to nn intersection ,,'itha line hearing !\orth 1)]~]B'15" E. }wssoing thorough tlJ(~ !lOlf.t Gf bcglll1ling; thence nlll SO\1th 81"]:8_115-:--"\1. fOl :1~:af'CCT illOTC or jl<-:-,:5 to t1.l: point of hC'[(iIW1I~g. Slm":1~rT La and TOGETIlER Hith the hereinabovc mentionetl rO":lllh'ay ensotlent 6-0- fcC't ,\'ide. Bearings are from assuming snid North line of Section 17 as nmning East :lntl West. n (] I 550 OR BOOI\ IJ02389 PAGE E(J\ \ ,'0 IT A ..:H50S' NO. EXHIBIT A- PAGE~ OF~ ,/'. /'. " 1::::)____ en W CT? <.:l '" ei: '"' <::> L <.r> 0 en 0 [D '-' D' 0 \-. . . t:0Ji; i 6[)~j ;:: 20Ci ::~:' C~ r '\ f. EXHIBIT A -Page 9- "- '~ ~ F,XlIIllJT A IlESCnJPTT()\! .1' A I: c: r:J~~--:'-S~' 1\ I1'\J-2 S ,\-- (:I'Ll' TO nAY ISIXl'ES SECTTON 17, T.llSS., '~.?SE. CO!.!.I J:1\ r.nU,T\'. FUWII1^ .\ p;11'((,] C1( land cxtcndinp from the Gulf of ~lcxic() to the \''',lters of <I tIU\' in Sectioh 17, l'own~llil} 48 Sout},. RaJlgc 2S J~ast, Collier COU"t~.. ]:lo1'~(la, said parcel of Inlld 11eing described 35 follows: From the Ilorthe:lst COTner of s:lid Section 17 Tun 111est nlonp, the :\'orth ljrlc of Sili{} SeetjO!l ]7 for 2672.S0 feet (passing tl1TOllgIl a COlleT"ete post mnrking tIle East quartt"r-~llClrtC'T (1/4-1/4) corner <It 1336.-1n [e'et a:.~ it Collier mOllllmC'nt ~t 113fln.Sl fE'et) to <1 concrete mOllumC'nt m"rkinJ~ the qll;nteT 0/4) corncr~ tl1~nc<.' continue Nest along s:licl North line of Sectio11 17 for 776.71 fect (r~s5ing tllrougJl n c~ncrcte 110St ~t 17R fcct) to ';Ill intersection Idth the "greed Imon bounr1<:lry line r(>corcled in Offi(,i;ll Hecord~ Book (d~ <1t pilgC''S 135~2S0, in-clll~i\'C' of 1:l1e pllh"! ic n~cC'rd:= or Collier COlllltr; thence continue Kest along s:lid ~ol'th l.inc of c.:("criQn 17 f01- ]408.70 feet; (1)~S5illn tllroll~Jl C011crete posts at ]n07.S7 fect :llId 13S7.!i7 feet.) to a !,o:int' 011 the wcsterly line of n roatlh'[l~' C:l~C'jTI~nt GO [ect 1~3(lc k1l01~ll as ~ulf JIll}' Dri,~c: t}lellcc run SOllt]lensterl~' alollfl 5t11d 11'cstcrly line of a rO:ldll'ny ensement tin fect, wiele along the .1rc of :1 (11r\'C to thc dr;ht of rndius 22,8Rf;,3~ fect fOJ" 2426.R:. fe'et (chonl hC':lrillg .s,1202!1'f}O"E) to thc !loint of hcgillning of the herein dc~.:r.ihcrl I :l1\ds. 1:J'!lJll said floin! nr he!-!i!lllinr~ continu(' southpilstt~r]~- illong Silld I\t'~l~'rl" 1 ill(~ nf ;<;:11(1 rn:Hh::IY en-seJllent ;I]-onp f-ilid ilrc of il curve to the r;!'~:t cf l'_:ldius ~2,HRR.:1::; fec.-'l (chord hcnr.i;;g S.()ol~ll~l"r.,) for 99.Si fcet'~ 111('I)('c l'ltll south ~(]oI1R'lS"l\', for 4nn feet marc or lC'ssto thC'- h';lterc:. nr the (;lll!" [If ,'lv)\'lCO; thC'IlCC run -JH.lr~h\:C::lc'l)Y :iJCllljl. _!;i,i.t1 \,;11 ('j-:' ~',J in'tcr-;.rC,!:1,in ,,'ith ,I J jr.c b::;IT1ng SU~ILll cVfl33'1's" lI', r(ls5ilq~ tillll,:;~h th~ !1t\rnl nr h('~illl1illr: t11C'llCC' rim \'('Il"th ~no:;:;'lS" F. i'I](m.~ ~i1id liJlt' rC'T - ","" ~ ~ -. ~:; ";~--, :\-:~ -:--;...~-- .-:- :';:5:::-::~~. .\I.SfI: J\(,~"lnl1in~:lt thC' hCl"cin:lho\"C' mentioncn noint of,'heginnin,ft, rlln ;<;(1111')lc"S1'Cr]: ;)lOl1f~ f:.:ljrl \','C's1"CTlv ] inC' of II TCI"(h,'.'l \. C':1SCllH"'llt (,n I"l'f', \.:ide :11ollg :;:1.id ,In: nf a ('llIT(' to the ri!:ht (I( r:ltl'illS ~~.:-::~N..;.) 1'(,\., rIll" ~)~1"R7 rcct (chord IW:lrtlll! S.\)"]0'JS"I:) thence run !\orth $(lc>,11--l'15'T for ~nn r('('t, more or less, to thC' l,tlters of snid hay: thcllcC' nln lloTtl1\':('~tcrly ilJ~)l1r. snid \\:!tC'r~ to :111 interscction l'.'jth 3 line h'.'drinl', ,"JoT111 ,c;(lo.\,")'lS"I: 11:1s5inr. th)'olq!h t1>C' roint ("I[ bC,c:innin,r,; tllet1c(' l"l1!1 SOlltl1 ~nOj:\'lS"t\' for 2SQ fect morc or 1(:55 to the noint of hC'j,jnlll!lO. ~~rt!urcr 1(-, :l1ld Tnr;!;T1Jr:n ",ith tile !lcrL'!nilI10H' 1l\elltinnc{l rOiHh':I): C;lSl"';'~{'llt (J[l (eet I,irk, t:'2;\rj!1[;S :lrC'- from ;15C;llmill!~ s:lid \(1rth line' of Section )7 :[<:; n;lll1it~f'. F.:l:--: :!tld h-t's [ . / I:""....".<"\"',..,j ."Nl~;"t1 '" O"",~l "~:._'';' ~, . U'Ct)ILtIH c....,"~ I'. t\-t'lllO^ ""'nUN.'. J, ,',A,;,'.II. l:Llh:~ hy I,\':"r,'( f';.U.l, D,C, NO. !3;?t.fi" EXHIBIT ,4- I a 2-0 PAGLLL-QF ,--- I , ''0-. 'n~J- 6 Parcels\;!2'l!,C;snc:;~2jC. I!J , Gulf to BayjB~tia~s5,2 uS Section 17, T-48~Sg'R~~~p40 Collier County, Florida i I . . EXHIBIT A -Page 10- A parcel of land extending from the Gu~f of Mexico to the waters of a bay in Section 17, Township 48 South, Range 25 East, Collier County, Florida, said parcel of land being described as follows: From the northeast corner of said Section 17 run West along the North line o~ said Sec:::_tion 17 fo;- 26_72.8.0 . feet (passing -"---thr~ugh a - conc-;':ete post "marking -the--East- quaib:!r--quart:et---(J..;ltJ corner at 1336.40 feet and a Collier monument at 1899.51 feet) to a concrete monument marking the quarter (!.t) -corner; thence continue West along said North line of Section 17 for 776.71 feet (passing through a concrete post ~a 178 feet) to an inter- section with the agreed upon boundary line recorded in Offi- cial Record Book 68 at pages 235 to 250, inclusive, of the public records of Collier County; thence continue West along said North line of Section 17 for 1408.70 feet (passing through concrete posts at 1007.57 feet and 1357.57 feet) to a point on the westerly line of roadway easement 60 feet wide known as Gulf Bay Drivej thence run southeasterly along said westerly line of a roadway easement 60 feet wide along the arc of a curve to the right of radius 22,888.33 feet for 2227.09 feet (chord bearing S. 120 511 30" E.) to the point of beginning of the herin d~scribed lands. From said point of beginning continue southeasterly along said westerly line of said roadway easement along said arc of a curve to the right of radius 22,888.33 feet (chord bearing S. 100 II' 45" E.J for 99.87 feet; thence run South 800 03' 15" W. for 400 feet more or less to the waters o.f the Gulf of Mexico; thence run northwesterly along said waters to an intersection with a line bearing South 790 481 15" v1. passing through the point of beginning; thence run North 790 48' IS" E. along said line for 400 feet, more or less-,to the point of beginning. ALSO: Beginning at the hereinabove mentioned point of beginning, run southeasterly along said westerly line of a roadway easement 60 feet wiae along 3aid ~ar6 of ~ =~ve to the right oI' xadius 12-,.B81J~3J_.fetSt for 9_'L_K7f..c:.et :'chcr~ bcarJng_,S. lOo 11' 45" E.'; thence run -North BOO 03' IS" East for 200 'feet, more' or less,1 to the waters of said bay; thence run northwesterly along said waters to an intersection with a line bearing N. 790 481 15" E. passing through the point of ~eginning; thence run_ South 790 48' IS" W. for 150 feet, more or less, to the point of beginning. SUBJECT to and TOGETHER with the hereinabove mentioned roadway easement 60 .feet wide. Bearings are from asswning said Harth line of Section 17 as running East and West. Together with a non-exclusive permanent easement tor ingress and egress over a strip of land 60 feet wide to be ~ocated as the same is more particularly described in Official Records Book 172, at pages 40 thru 44, inclusive, Public Records of Collier County, Florida. together with a non-exclusive easement for roadway purposes ~ross that certain road described as Gulf-to-Bay Drive ~me---.i,s more particularly described._ in the deed recorded__ I: Official R cord Book _23.1 at-page 5 _ Tic Records of -Collier County, F~or.ida_, .....reser.ving , .l).~nto. ..the Grantor_, its successors} nominees or assi , the rig~ to alter or change the location of said Gulf-to~Bay rive easeme over and across adjoining lanq so long as the a~t e tin provided ingress and egress toq, he -North line of ee . tf't, hip-~-a.--Souili, Range- '25 Ea~~ Collier County, .0' ~ ~ _.. ~ l~ ~ ~ ',,_I . ''I ~j 0 ' .:~, "g'b () "-2" ~. - ~ed4lndV(!rtli(!d ',.::::I3"':3"t A 1t100IlciaIReto,d$o! -- EXHIBIT ...,.... COlllERCQUNTY, FLORIDA PAGE '? n OF~ JAMES C. GILES. CU.J1K ~ -O->='I :;J:J C::J' ~ tni C) Ul1 ;:.::: ell I -0 1> C) ", = co '" U,) <0 ! :~~n'; ; '".::, ::;:I:J ",;~jnl~3:-Y 5,2CJ '-' 57 :)f 1 Ci THE "PRESERVE THE PRESERVE" BAREFOOT BEACH OUTPARCEL PROJECT NUMBER 03-073-FF3 LAND MANAGEMENT PLAN Submitted to the Florida Communities Trust in compliance with thc requircments of FCT Contract Number 04-CT -92-03-F3-A I-on Prepared b, Amanda Oswald Townsend. Ol'crations Analyst Collier County Parks and Recreation June 15.2004 Item ~JO_ "i6D36 15, 2008 53 of '14(j Table of Contents I. I ntrod ucti 0 n........",.. ....... ......'" ..."'...... ...... ......."'.... ......... ........"'.......... .."'.."'...... ...."'..... 4 II. Purpose..."'...."'..."''''''''''.'''.'''..''''''..'''.'''''''''..........................'''...'''.'''.",,,,....,,,,,,............5 111. Site Development and Improvement......"'.."'.."'..........."'.."'.."'.."'."'."'..."'.."''''..'''.'''7 A. Existing Physical Improvements...",....",................",...",..",......",.",,,,.......,,, ..........7 B. Proposed Physical Improvements.",..",,,,......,,,....,,,.........,,,........,,,....,,,.................... 7 C. Landscaping "'..."'....."'...."'.."'....................."'."'.."'...."'."'............."''''....."'.."'."'''' 8 D. Wetland Buffer ..."...."...",,,,.,,,..,,,..,,........,,.............,,,..,,,.,,,......,,,........,,,..,,,......,,,.....8 E. Acknowledgment Sign.."''''..'''.'''............'''...'''.....'''...'''.'''..................'''......'''.....'''. 8 F. Parking.",,,,........,,,..,,,.....,,,.,,,.....,,,....,,,...........,,,.....,,,....,,,..,,,......,,,...."''''.'''..'''''''''... 8 G. Storm water F acil it ies......"''''..'''..'''.'''.......'''.'''.......'''....'''..'''...."'............................. 8 H. Hazard M itigat ion..",..",......".................",......",.",.....................",.........",.."'...."'.... 8 1. .l'erm its..",. ."'. ....'" "''''........ .......'" .."'..'" .........."'............"'.. '" ......"'."'... ...... ..... ......... 8 J. Easements, Concessions, and Leases",.",.......................",,,,.....,,,..,,,,,,.,,,................9 IV. Natural Resources 9 A. Natural Communities ....................."'...."'...."'............................."'."''''...'''..'''.........9 B. Listed Animal Species."'..........."'.."'......"'.."'."'."'.................."'................."'........11 C. Listed Plant Species."''''.................'''......'''..'''.'''........'''..'''......................'''............12 D. Inventory ofthc Natural C0l11munities...............................",..",,,,..,,,.......,,,,,,...,,,.13 E. Water Qual ity......",....................",..",...",.............................",..",...."'...."'...."'....... ] 4 F. Unique Geological Features..................",,,,.,,,......,,,,,,,,,..,,,..,,,......,,,,,, ...................15 G. Trail Network......"'..."'..."'............................"'....."'...."'......"'."'....."'......"'........... 15 H. Greenways",.......................",.....",........",..",..",....",..........................."''''...'''.'''..... I 5 V. Resource Enhancement................."'.."'..."'."'.."'..".."'............................"''''....."'.."'.. 16 A. Upland Restoration..........",..",,,,....,,,.,,,..,,,....,,,..............................,,,,,,........",..",..16 B. Wetland Restoration...."'."'......"'........"''''...'''......'''.'''..'''..'''..'''.............................16 C. I nvasive Exotic Plants .",....",.........",..........",..",.",..",....",.........",.",,,,...,,,............16 D. Prescribed Burn Plan.............",,,,...,,,....,,,....,,,......,,,........,,,.....................................16 E. Feral Animal Program..",...............",......",..",......................................",.......",...... 17 VI. Archeological, Cultural, and Historical Resource Protection",,,,.,,,..,,,,,,.,,,,,,..,,,,,,.,,, 17 VII. Education Signs and Program.",..",.",,,,,,,..,,,..........,,,....,,,..........,,,.,,,.,,,,,,.,,,..,,,....,,,,,, 17 A. Education Program"'''''''...'''..............'''..........'''.....'''...'''...........'''.'''.....'''..'''......",18 B. Museum and Nature Center I 8 VIII. Coordinated Management........",...",...",.......",,,,...... 18 IX. Management Needs......",.",.......",..",......",...",...",,,,..,,,.............................,,,...,,,...,,,...18 A. Maintenance ."''''.....'''..'''....'''..'''....'''......'''.................'''...'''....'''...'''......'''.............. I 8 B. SecuritY...."'."'."'..."'...."''''..'''..'''''''''....''''''.............".'''...'''.'''...'''........."'........"'''' I 8 2 ';?rn (\Ie. EID36 .)3nUJ'.Y 5.2CJG8 F'age ;::,9::Jf ~40 C. Stan; ng u. .mu. um 00 00...00'.00 um ... .... 0000.00 00... m. .00..00 0000 0000 19 X. Cost Estimates and Funding Sources _"'h___ _ _ _.._ _____ __ ____..______ _.._ _hh _ _ __n_.. n_ ____.._ _ h______h h_ 19 X I. Priority Schedule u.muuu.uum...uuumu....u....m..u.mm.u..muu..u...m.m.u.mum.u.umu. 20 XII. Monitoring And Reporting....u______m.uuu.___....mmm.uumm....m.mu....umm...u.m.uuu.21 XIII. Appendix A. Master Site Plan B. Location Map C. Florida Natural Inventory report forms D. Exotic Pest Council's List of Florida's Most Invasive Species o ~ IIBm hw, 'i6C:36 January ~ 5. 2008 60 of 140 l. Introduction The "Preserve the Preserve" Barefoot Beach Outparcel is a 1.69-acre inholding within the state- owned lands leased by Collier County and managed together with County-owned lands as 342 contiguous acres of the Barefoot Beach Preserve, located in the northeastern corner of Collier County, on Florida's southwest coast. Before its purchase by the County. the project site was privately owned and threatened with incompatible development. The state-owned lands within the Preserve were purchased in the 1970s under the Environmental Endangered Lands program, and State acquisition of the projcet site was a goal of the Preserve's Land Management Plan. To the south of the Preserve, across Wiggins Pass, is Delnor-Wiggins Pass State Park. That park occupies 160 aeres. Hence. the project site was the only unprotected land within 517 continuous acres of public preserve. Public possession of the project site prevents incompatible development allows for the protection ofthe entire greenway from the intrusion of invasive exotic plant species, ensures the greenway's ability to function as a wildlife cOlTidor, and offers ad'ditional recreational and educational opportunities to the visitors of Barefoot Beach Preserve. The project site contains Bcach Dune, Coastal Strand, Maritime Hammock, and Tidal Swamp habitats. Each natural area is surrounded by hundreds of acres of like communities. They provide habitat for numerous listed species including gopher tortoise and sea tUlile and many varieties of raptors, shorebirds, and wading birds. Field observations of listed specics by biologists and Park Rangers include gopher tortoise, loggerhead tUI1le, Southem bald eagle, osprey. white and brown pelican, least tern, piping plover. gopher frog. Eastern indigo snake, little blue heron, snowy egret, reddish egrct, tricolor heron. common snook. and the rarc plant species necklace pod. The project site also contains an archcological site of Calusa origin. cataloged in the Florida Master Site File. In competition with the natural communities on the site, a monoculture of Australian pine infested about one half ofthe site's upland pOJiion. Brazilian pepper and other exotics pervaded the project site as well. An exotie rcmoval program was completed in Barefoot Beach Preserve in 1998, but the natural communitics were continuously threatened with reinJestation by seedlings from the project site. In April 2004 all exotic vegetation was uprooted and mulched on site, and thc stems chemically treated. thereby protecting the adjacent natural communitics ti'om exotic intrusion. Planting of seedlings in the uplands will be done to jumpstal1 thc succcssion process, and bccause ovcr three hundred acres of healthy natural communities surround the infested area, the project site will quickly be restored. The existing Alice and Harold Saylor Naturc Trail crosscs the dune area of the projcct site, and rccrosses on thc inland side of the site. The site is located about halfway along the trail and will be a suitable location for a connecting trail to serve as a shortcut or stopping-off point along the loop. The clearing creatcd by the exotic removal will be developed with an educational kiosk and a pavilion. Collier County Parks and Recrcation has a staff of20 Park Rangers, who will use thc trail, pavilion. and kiosk whcn they lead weckly nature walks and tri-annual Junior Park Ranger Camps. 4 ,::::' !i~:n ;')0 6=) 'i:l!"i;J;:Yy i5 20 Ci1 of 1 This Management Plan as well as thc Barefoot Beach Preserve Land Management Plan will govcl11 the project site. Both plans will allow for public access for recreation as a use secondary to protection of the Preserve's natural resources. Existing activities under the Land Management Plan's recreational component that will be extended to the project site include swimming, sunbathing, fishing, strolling on the beach. collecting shells. and boating. and well as the educational activities mentioned above. Recreational uses not compatible with the primary objective of protection of the Preserve's natural resources will not be pemlitted. Grant funding from Florida Communities Trust (FCT) will reimburse the County for acquisition of the project site. This Management Plan has been prepared to ensure that the project site will be developed and managcd in accordance with the Grant Award Agreement and in fUl1herance of the purpose of the grant application. n. Purpose The site was acquired to prevent incompatible development. allow for the protection of the entire greenway fi'om the intrusion of invasive exotic plant species. ensure the greenway's ability to function as a wildlife corridor. and offer additional recreational and cduca,tional opportunities to the visitors of Barefoot Bcach Preserve. This Managcment Plan as well as the Barefoot Beach Preserve Land Management Plan will govern the project site. Both plans will allow for public access for recreation secondary to protection of thc Preserve's natural resources. Existing activities under thc Preserve's Land Management Plan's recreational component that will be extended to the project site include swimming, sunbathing. fishing. strolling on the beach. collecting shells, and boating. and well as educational activities. Recreational uses not compatible with the primary objective of protection of the Preserve's natural resources will not be permitted, Management objectives for the project site are prioritized as follows: I. Protect the naturalr'esources of the project site and the Preserve Provide educational opportunitics 3. Preserve archeological resources 4. Provide beach access 5. Provide recreational opportunities ~ Management of the site as proposed is consistent in innumerable ways with the Collier County Growth Management Plan. The following policies are directly furthered by the management objectives listed above. Policy 10.3.3 of the Conservation and Coastal Management Elemcnt states that "the highest and best use 01' undeveloped coastal barriers arc as functioning natural systems: therefore the first alternativc to development should be consideration of acquisition by or for the public beneiit to prcserve the natural function" An ultimate goal for management of the project site is that the site. its management and ownership differ li.om the rest of Barefoot Beach Preserve only in the world of written documents. Visitors to the Preserve. as well as its natural communitics and wildlife. should cxperience the Prescrve as one functioning eoastal barricr system, and one should be able to move seamlessly 1i'c1l11 the project site to the state-owned lands to the county- 5 !tem I~Q. 16C 6 jarnJs'-v '15 20 8 r"a';Je 62 of 1 0 owned lands without seeing in the landscape the boundaries that exist on paper. Collier County will manage the site with this vision in mind and will synchronize the two management plans that govern the Preserve so as to achieve it. Only if this is so can the southern portion of Little Hickory Island function as natural coastal barriers system. Policy 11.1.2 of the Conservation and Coastal Management Element directs, "There shall be no loss of historical or archeological resources on County-owned property and historical resources on private property shall be protected, preserved or utilized in a manner that will allow their continued existence." It was through the FCT application process that an archeological site was discovered on the project site. The site consists of a scatter of shells, predominantly oysters, and three shell tools of Calusa origin were found there. The site has been filed with the Florida department of State, Division of Historical Resources as the Half Shell Site, Florida Master Site File #8CR871. The archeological site is located in a remote corner ofthe project site and the Prcserve. No trail or boardwalk leads to it. In order to protcct it and the surrounding natural area, the location of the archeological site will not be advcrtised to thc public. The site is interpreted for the public, howcver. as paIi of on-going Park Ranger programs. A cultural resource survey will be performed on any area within the project site that is proposed for dcvelopment prior to- the commencement of proposed dcvelopment activities in that arca. The Division of Historical Resources will be notified immediately if evidence is found to suggest that further archeological or historical resources exist on the project site. Collier County will work with the Cultural Resources Management Program of Florida Gulf Coast University to coordinate with the Division of Historical Resources on the protection and managemcnt of any fUliher archeological and historical resources. Thc collection of aliifacts or the disturbance of archeological and historic sites on the project sitc will be prohibited unless prior authorization has bcen obtained ti'om the Division of Historical Resourees. Objective 10.2 of the Conservation and Coastal Managemcnt Element and Policy 1.3.2 of the Recreation and Open Space Element direct thc County to "continuc to ensure that access to beachcs. shores and waterways remains available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition." Policy lO.5.1 of the Conservation and Coastal Managemcnt Element states, "recreation that is compatible with the natural functions of beaches and dunes is the highest and best land use." Possession ofthc site has allowcd for the removal of a six-foot chain-link fence that previously encircled the upland portion of he propel1y and effectively cut off access to the southernmost portion of the Preserve. Public access to the shorelinc for recreational use will be allowed secondary to protection of the project site's natural resources. Permissible activities will include swimming, sunbathing, iishing, strolling on the beach. collecting shells, and boating. Recreational uses not compatible with the primary objective of pro teet ion of the Preserve's natural resourecs will not be pel111itted. The project site has a Future Land Usc dcsignation ofConscrvation and a Conservation Special Trcatment Ovcrlay designation within County zoning regulations. The project site will be identitied in all literature and advenising as acquired with funds fi'om the Florida Communities Trust and operated as a natural conscrvation area. 6 "'~("7~iC,,2 'l,,-':]1' ;'JC;. ',,~',2:i6 5.2'Yi3 e3 or 1.:lU Ill. Site Development and Improvement A, Existing Physical Improvements The only improvement on the site is the existing Alice and Harold Saylor Nature Trail. which crosses the dune area of the project site, then recrosscs on the inland side of the site. About one-half acre of the upland of the site has recently been cleared of exotic vegetation. B. Proposed Physical Improvements An extension of the existing Alice and Harold Saylor Nature Trail and a pavilion will be developed on the site. The existing trail crosses the dune area of the project site, and recrosses on the inland side of the site. The site is located about halfway along the trail and will be a suitable location for a connecting trail to serve as a sh0l1cut or stopping-off point along the loop. In addition, the relatively shOlt distance of a trail that cuts perpendicularly across the island will serve to illustrate to visitors the dramatic shifts in natural communities that ,)ccur with only slight ehanges in elevation within the Preserve. A 30' x 30' pavilion will be constructed on a portion of the elearing that has resulted 1j'om exotic removal. This facility will serve as a source of shade for beach goers and a stopping-off point for independent trail users and groups pal1icipating in Park Ranger- guided nature walks. An interactive educational kiosk will be developed on the project site. The round kiosk will be divided into four wedge-shaped seetions addressing the four major habitats within the Preserve (Beach Dune. Coastal Strand. Maritime Hammock. and Tidal Swamp). Listed species. barrier island dynamics. and the sites' archeological resources will also be covered. Each section will eontain two 18 x 24-inch solid composite phenolic panels with fire-retardant, fade-proof: and grat'liti-proof'propertics. An acrylic overlay and UV inhibitor will cover eaeh panel. Thc kiosk will also contain two discovery boxes housing al1ibcts and specimens that will otfer visitors a multisensory edueational experience. 13eeause exotic removal has left a good pm1 of the upland cleared, these proposed facilities should not impact natural resources. If any damage to the dune system results 1;'0111 dcvelopment activities, thc dune will bc repaired. A gopher tortoise relocation permit was obtained !c)r the exotie removal project, but no t0l1oises had to be relocated. Care will be taken to protect gopher tOltoises during facility development as well. No user-oriented recreation facilities will be developed on the project site. Exotic remo\'al and monitoring are the only proposed alterations of' land or vegetation at the project site. Access to the project site will be via nature (rail. Trash cans will be installed near the pavilion and educational kiosk. 7 item hio. '! 6036 ,January '15, 2008 ?ag8 6< of 140 FeT review and approval will be obtained prior to any proposed modifkation ofthis documcnt and/or the undertaking of any site alterations or physical improvements not addressed in this document. C. Landscaping No landscaping will be perfonned on the project site. D. Wetland Buffer The nature trail on the project site will not be paved. Minor facilities on the project site will not be constructed within 25 feet of the wetland area. No major facilities will be constructed on the project site. E. Acknowledgment Sign A 2' x3' sign, including the FCT logo, the year the site was acquired, and acknowledgment that the project site was purchased with funds from the Florida Communities Trust will be located at the entrance area to the park. F, Parking There will be no parking on the project site. Access to the project site will be via nature trail. G. Stormwater Facilities There will be no stomlwater facilities on the project site. H. Hazard Mitigation The entire project site is within the Coastal High Ilazard Arca. Goals of the Collier County Local Mitigation Strategy include the mitigation of erosion and the effects of storm surges and the retention of natural resources for public benefit. Mitigation Strategy workable projects include the maintenance of a long-term beach erosion control program and additional sca oats planting to minimize beach erosion. Developmcnt on the project site will be directcd away Ji'om the dune and wetland areas. The minor structures developed on the project sitc will be located in the disturbed upland areas. Any damage to the dune system incurred during the course of dcvelopment will be repaired. l. Permits For the exotic removal project completcd in April 2004, the County secured a field permit from Florida Department of Environmental Protection (DEP) Office of Beaches and Wetland Resources to take the machinery over the dune. a Special Gopher TOJioise Rclocation Permit i!'om Florida Fish and Wildlife Conservation Commission (but never had to move any tOlioises), a Vehicle on the Beach pemlit from Collicr County to allow the machines to go down the beach, and approval from United States Fish and Wildlife Service befc)re the project commenced, due to the presence of Eastcrn Indigo Snakes on the property. For devclopment of the kiosk and pavilion, it is anticipated that Collier County Community Development and Environmental Services will require the filing of a site 8 ~\Jc. 1 CD ::: /5.2'J 3 :.):) (")f '1 (' development plan and the issuance of building permits, including coastal variance approvals. Florida OEP permitting will be required, as well. No other agency approval requirements are anticipated. .J. Easements, Concessions, and Leases A 60-foot right-of-way easement crosses the project site between the tidal swamp and maritime hammock areas. This right-of-way was formerly used for vehicular access to the project site when it was privately owned. It now constitutes the inland side of the Harold and Alice Saylor Nature Trail loop. Vacation of this right-of-way is a goal of this management plan. No other easements. concessions, or leases exist or are proposed for the project site. Should any lease or any interest. the operation of any concession. any sale or option. the granting of any management contracts, or any use by any person other than in such person's capacity as a member of the general public arise or be proposed, FCT will be provided with 61R1ay prior written notice. No document will be executed without the prior written approval ofFCT. All fees collected will be plaeed in a segregated account solely Jor the upkeep and maintenance of the project site. IV. Natural Resources The Preserve is unique because it is a prime example of a relatively undisturbed barrier beach system. The project site is a Gulf-to-bay slice of a linear barrier island. Its topographic and vegetative profiles result from the interaction of plant growth habits and physical processes, principally wind-driven sand movement and salt spray deposition. and wave-driven erosion. accretion and overwash. Elevations within the project site range fhlm sea level to 9.5 feet above sea levcl on the crest of the coastal dune. The land naturally slopes and drains both gulfward and bayward from the crest of dune. Natural resources on the project site will be managed primarily through a program of non- intervention. Exotic plant species will bc monitored and rcmoved thereby protecting and enhancing the natural communities and the plant and animal species within them. Minimal development and low-impact recreational use only will allow for thc protection and enhancement of water quality and geo logical features. /I.. Natural Communities Barel(lOt Beach Preserve is an outstanding example of a subtropical coastal strand and estuarine mangrove 1()rest. The project site can be divided into five zones or parallel bands of vegetation. From west to east they are: the pioneer zone. the foredune, the coastal strand. the maritime hammoek. and the tidal swamp beyond the dune proper. All communities are in excellent health unless otherwise noted. PIONEER ZONE The wave-deposited upper beach zone is sparsely populated with pioneer species. This zone is vegetated with railroad vine (Ipomoea pes-caprae). beach bean (Canavalia rosea), beach elder (Iva imbricata). inkberry (Scaevola plumieri). sea purslane (Sesuvium p0l1ulacastrum). and grasses. such as sea oats (Uniola 9 [tern r,Jo. ! '3D36 'i5,20G-3 Flags 66 of 140 paniculata), seashore paspalum (Paspalum vaginatum), seashore drop seed (Sporobolus virginicus), crowfoot grass (Dactyloctenium aegyptium), and sandspurs (Cenchrus spp.). The upper beach is continuously recolonized by plants as storm waves and high tides periodically disturb the community. FORE DUNE Beyond the pioneer zone, low bushes of beach elder and golden beach creeper (Ernodea littoralis) grow, in addition to ink berry (Scacvola plumieri and S. frutcscens) and bay cedar (Suriana maritima). Bitter panicum (Panicum amarum), coastal ragweed (Ambrosia hispida), ground cherry (Physalis spp.) and sand spurs (Cenchrus spp.) are also present. Sea oats grow in clumps with the other species, but then form distinctive clusters, or a band, along the upper portion of the toredune. The Florida Natural Areas Inventory identifies beach dune as an imperiled plant community. COASTAL STRAND The foredune merges with the coastal strand to fonn a transitional zone between the toredune and maritime hammock. In addition to the sea oats, bitter panicum, and bay cedar noted on the foredune, the coastal strand exhibits small trees and shrubby species such as seagrape (Cocoloba uvifera), Florida privet (Forestiera segrcgata), seven-year apple (Casasia c111siifolia), buckthorn (l3umelia celastrina), myrsine (Myrsine guianensis), necklace pod (Sophora tomentosa), white flower lantana (Lantana involucrata), white indigobcrry (Randia aculeata), coin vine (Dalbergia ceastaphyllum), Spanish bayonet (Yucca aloitolia). prickly pear (Opllntia compressa). and dune evening primrose (Oenothera humifusa). The Florida Natural Areas Invcntory identities coastal strand as an imperiled plant community_ EXOTIC INFESTATION Betwecn the Coastal Strand and Maritime Hammock a large portion of the project site was infested with a monoculture of Australian pine. These were mechanically rcmoved, mulchcd on site, and the stems chemically trcated in April 2004. MARITIME HAMMOCK The increascd shelter from salt spray by the eoastal strand allows for a diversilied and stable back dunc community. The maritime hammock. fi.om the coastal strand east approximately 200 feet, is an open canopy cabbage palm hammock interspersed with large, open clearings. Moving further east. the community is more densely vegetated and the canopy closes, providing increased shelter, shade and humidity. The wcst half of the maritime hammock is composed of cabbage palm (Sabal palmetto) islands interspersed by large open arcas. Seagrape, myrsine, buckthorn. 10 ilsm fJCJ, 16=,3':; "anuarv ~i 5. 20::i8 ca'Jc.; r;;"7 r,t' ~ rr-. I ,,~_ ,_.- '-'I '-'u Jamaica dogwood (Piscidia piscipula), Brazilian pepper (Schinustere binthifolius), and Florida privet grow in association with the cabbage palms. Bamboo-vine (Smilax laurifolia). lovevine (Cassytha filiformis) and poison ivy (Toxicodendron rcdicans) are common, intertwining and spreading over the shrubs and trees. Groundcovers in the opcn areas include low shrubs of white indigoberry, snowberry (Chicocca pinetorum). golden beach creeper, white /lower lantana, blue curls (Trichostema dichotomum), and prickly pear. Additional groundcovers growing in both areas include periwinkle (Catharanthus roseus). partridge pca (Cassia fasciculata). Spanish needles (Bidens pilosa), tickweed (Verbesina virginica). sea-beach atriplix C'\triplex arenaria). blue porterweed (Stachytarpheta jamaicensis), groundchcrry. and melanthera (Melanthcra parvifolia). Moving east, the hammock canopy c loses and provides a habitat for tropical hardwood hammock spccies. In addition to cabbage palm and seagrape. gumbo limbo (Bursera simaruba). cat's claw (Pithecelloblum unguis-cati), buckth0111. coral bean (Ery1hrina herbacca). Florida privet. saltbush (Baccharis halimifolia). Spanish stopper (Eugenia focticla). white stoppcr (Eugenia axillaris). myrsine, .Jamaica dogwood, wax myrtle (Myrica cerifera), and Brazilian pcpper are also present. Poison ivy and love vine are common. Groundcovcr and low shrubs include wild coffee (Psychotria nervosa), snowberry. and saw palmetto (Serenoa rcpens), Shoestring fern (Vittaria lineataJ and goldcn polypody (Phlebodium aureum) inhabit the "boots" on the cabbage palm trunks. Butterfly orchid (Encyclia tampensis) has been noted previously to exist on the site. J'he Florida l'\atural Areas Inventory identilies maritime hammoek as an imperiled plant community. TIDAL SWAMP The back dune maritime hammock drops sharply into the mangrove swamp. The mangrove swamp is a basin forest dominated by three species. red mangroves (Rhizophora mangle). black mangroves (Avieennia germinans). and white mangroves (Laguncularia racemosa). Associated species include buttonwood (Concocarpus ereclus). Ieatherl'ern (Acrostichum aureum). glasswol1 (Salicornia spp.J. saltwal1 (8atis maritima). sea purslanc. and sea lavender (Limonium carolinianum ). B. Listed Animal Species ^ survcy of listed plant and animal species located specilieally on the projcct site has not yet been undel1aken. The following listed speeies have been observed by Park Rangers within the boundaries of8arefoot Beach Preserve. As sueh. any of these may be found on the proiect site. SCIENTIFIC !\AME COMMON NAME ST US BIRDS Charadrius mclodus Piping plovcr T T 11 AC11::'.T'I"J':) 't.wn-- ~:C') 1;:-;o')r . ~,~,LJU. I.~, 11\j,~.".I';:.~~') ,;a;-I'Jaf\l ; 0, :CUu8 Page 58 of 140 SCIENTIFIC NAME COMMON NAME ST lJS Ecretta caerulea Little blue heron SSC E. rufescens Reddish egret SSC E. thula Snowy egret SSC E. trico lor Tricolor heron SSC Haleaeetus leucccechalus Bald eagle T Pelecanus occidental is Brown pelican SSC E Sterma ancillarum Least tern T E MAMMALS Tricheehus manatus latirostris West Indian manatee E E REPTILES Caretta caretta carella Atlantic loggerhead turtle T T Drvmarchor corais - Eastern indigo snakc T T Gooherus oolvohemus Gopher tortoisc SSC C Rana areo lata Gopher frog SSC C FISH Centrooomus undecimalis Common snook SSC E = Endangered T = Threatened C = A candidate for listing, with some evidcnce of vulnerability. but for which not enough data exists to support listing. SSC ~ Species of special concern The project site does not contain habitat located in a Stratcgic Habitat Conservation Arca, as identified by the Florida Fish and Wildlife Conservation Commission (FWC). Comments from the Fish and Wildlife Conservation Commission (FWC) on this Management Plan and its proposed protection of listed species will be obtained and iorwarded to FCT prior to July 2005c C. Listed Plant Species A survey of listed plant and animal species located speciiically on the project site has not yet becn undel1akcn. The following listed plant spccies were obscrvcd within Barefoot Beach Prescrve by .lames N. Burch. Ph.D. in his report Status ofYascular Plants: Barefoot Beach Preserve County Park. preliminary species list. As such, any of these may be found on the project site. Pteridophyta Polvoodiaceae 12 Ll::;:Ti r',~~,_ 'f\:-;D:iS ,---,311 ,;;-:;T\"15 2C1Cib 'C9of140 Ph/ehodium aureum (L.) Small serpent fern. T(FDA) Psilotaeeae Psilolum nudum (L.) Sw. whisk fern. T(FDA) Pteridaceae .1cl'Oslichilm danacifolium Langsd. & Fisch. leather fern. T(FDA) V ittariaceae ViI/aria lineala (L.) .I. Smith shoestring fern. T(FDA) Magnoliophyta Bromeliaceae Tillandq'a halhisiana Schult. air plant. T(FDA) Tillandl'iafascicillala Sw. air plant. CE(FDA) Tillandsiaflcxuosa Sw. air plant. T(FDA) Tillandsia pailcifillia Bakcr air plant. T(FDA) Tilland"ia scIacca Sw. air plant. T(FDA) Tillandsia ulriculata L. air plant. C[(FDA) Cactaceae Oplll1lia humifilsa (Ran Raf. prickly pear. T(FDA), II(ClTES) Opumia slricla Haw. prickly pcar. T(FDA). II(CITES) Orchidaceae Encyclia lampcnsis (Lindl.) Small butterily orchid. T(FDA), II(CITES) Rubiaceae E7'l7odi" lilloralis Sw. beach creeper. T(FDA) Surianaceae Silriana marilima bay ccdar. [(FDA) Status for protection designat ion is adapted from Onicial Lists of Endanuered and Potential Iv Endanuered Fauna and Flora in Florida (Wood. I .June. 1994). Status designations are as follows: E(lDA) = listed as Endangered by Florida Departmcnt of Agriculture and Consumer Serviccs T(FDA) = listed as Threatened by Florida DepaI1ment of Agriculturc and Consumer Services CE(FDA) = listcd as Commercially Exploited by Florida Depa<1ment of Agriculture and Consumcr Services II(CITES) = listed in Appendix 111()r regulation in international trade by the Convention on International Trade in Endangered Species of Wild Flora and Fauna C2(USFWS) = listed as a Candidate for J'edcrallisting with some evidence of vulnerability by the United States Fish and Wildlife Service. SSC(GFC) = listed as a Spccies of Special Concern by the Florida Fish and Wildlile Conservation Commission. D. Inventory ofthe Natural Communities Collier County will coordinate with the Friends of Barefoot Rcach Preserve. a non-profit organization, to initiate a biological inventory survey of natural communities on the project site and establish a monitoring cycle. proposcd to be conducted every year for the 13 !t'?m No. 16D~)6 January 15, 200S ?age 70 Df 140 first three years beginning in 2005, and then every three years thereafter. The Friends of Barefoot Beach Preserve have a Memorandum of Understanding with Florida Gulf Coast University that provides for student internships and projects to be conducted at the Preserve. University students will conduct the surveys under the cooperative direction of university faculty, Friends members and County staff. Information on identified listed species will be forwarded to the Florida Natural Areas Inventory (FNAI) following each survey on the appropriate FNAl fonns. The FNAI plant and animal species forms are located behind tab C in the Appendix. The following element OCCUlTenee records were provided from the Florida Natural Areas Inventory database. Infornlation provided was based on wildlife sightings and plant communities identified between 1982 and 1992 on or near the Barefoot Beach Preserve. Wildlife Sightings: West Indian manatee Loggerhead turtle Florida black bear Florida prairie warblcr Black-whiskered virco Gopher tortoise Plant Communities Identified: Coastal strand Maritime hammock Estuari ne ti dal swam p Plant Species Sightings: Necklace Pod E, Water Qualitv The propcliy is surrounded by tidal saltwater on three qUaJiers or its boundary. According to Florida DEP Surrace Water Standards (17-3.02) the adjacent water bodies have the followinu surface Water Qualitv classifications: ~ " Cocohatchee River Little Hickory Bay Wiggins Pass Class II (17-3.02.600 (3) (c)ll) Class II (17-3.02.600 (3) (e)1 l) Class II (17-3.02.600 (3) (c)l I) Class II waters have a dcsignated use of shellfish propagation or harvesting. Barefoot Beach Preserve Outstanding Florida Waters (17-3.02.700 (9) (t) Outstanding Florida Waters designated by the Florida Environmental Regulation Commission as worthy of special protection because of their natural attributes. No hydrological restoration will be performed on the project site. 14 !,:::n, t\:8. :6D '3 J;::1r-iL.:.-]i"1i ~~. :;::':] 8 -,; 1 Of 1 CJ F. Unique Geological Features The Preserve land is typically composed of Holocene age barrier islands sands that were deposited by barrier island processes in the last few thousand years as a result of sea level rise. Cores in the Naples area (Coastal Engineering Consultants, Inc., ] 988). and peat outcrops along beaches south of the Preserve indicate that the barrier island sand is 15' to 30' thick along the Collier County coast. The barricr island sands with some sand and pc at from old mangrove swamps are tvpically underlain by limestone and marl of the Anastasia and Tamiami Formations (McCoy. 19(2). According to information provided by the United States Department of Agriculture Natural Resources Conservation Serviee (NRCS), there are two soil types within the Preserve's boundary. CANA VERAL BEACHES COMPLEX Canaveral Beaches Complex is located on nearly level. moderately well Grained soil on low ridges of beach. The Canaveral soil has a surface layer of dark fii:own fine sand about 4" thick. The substratum is brown to light gray tine sand mixed with shcll fragments to a depth of about 80". Typically. beaches consist of sand mixed with shell fragmcnts and shells. In 9001c, ofthc area mapped. this complex Canaveral soilmakcs up 55%, and bcach areas make up 45% of the map unit. The permeability of the Canaveral soil is rapid to very rapid. The available water capacity is vcry low. In most years. the scasonal high water table is at a depth of 18" to 4()" for I to 4 months. In other months. the water table is below 40". This soil is subject to tidalllooding under severe weathcr conditions. DURBIN AND WCLFERT MtlCKS Typically locatcd in ti'cqucntly Iloodcd and level. very poorly drained soils in tidalm3ngrovc s\lamps. The Durbin soil has a surface soil of dark reddish brown to black muck about 63" thiek. Thc substratum is dark gray fine sand to a depth of about 80". The Wulfen soil has a surface soil of dark reddish brown to black muck about 40" thick. The substratum is dark gray iine sand to a depth of about 8el". Aceording to mapping by NRCS in Collier County local conditions can consist entircly of Durbin soil, WulfcI'l soil. or any combination of both. The permcability of the Durbin soil is rapid and the available water capacity is high. The permeability of the Wulfel1 soil is rapid and the available water capacity is moderate. The water tablc iluctuates \lith the tide and is within 12" of the surface most ofthc year. Thc soil is subject to tidal flooding. G, Trail Network The project site will not enhance any existing local. rcgional. or statewide recreational trail system. H. Grecnways The same management objectives that govern the project site and Barefoot Beach Preserve are observcd in the management of Delnor- Wiggins Pass State Park, the other J5 !l9n: ~'JO. -iDD36 ,-ianu8iv 15, 2008 ~)age 72 of 140 large publicly owned area that makes up the surrounding green way . Both areas exist first for the protection of natural resources with recreational use a secondary purpose. Concerns over carrying capacities and exotic species are shared on both sides of Wiggins Pass. County staff meet occasionally with representatives from the state park, and each agency shares with the other management plans and injonnation on future projects. A location map depicting project site and other existing parcels comprising thc greenway is located behind tab B in the Appendix. V. Resource Enhancement A. Upland Restoration The portions of the one-half acre from which Australian pines have been removed (see discussion of invasive exotic plants, below) that are not developed with the educational kiosk and pavilion will be rcvegetated with native plantings consistent with the species found in the existing maritime hammock. County staff is currently recommending a settling period for the area where the Australian pines were mulched on site. By September 2004 staff will be able to assess the pace at which the mulch will decompose and formulate a plan jar restoration. That plan will be submitted to FCT as a supplcment to the Land Management Plan by November 2004. The upland restoration area is indicated on the Master Site Plan behind tab A in the Appendix. B. Wetland Restoration No wetland restoration will be undeJ1aken on the project site. C. Invasive Exotie Plants An invasive exotic control program has already bccn initiated on the projcct sitc. Onc- half acre of mature Australian pines and several Brazilian pepper trees were removed using a Brontosaurus. a CAT machinc with a chippcr head. The stumps of the trees wcre then ground using a hydro-ax machine. Chipped material was allowed to remain on site. Smaller trees were cut by hand using a chainsaw. All stumps were treated with Garlon 4 per label ratcs. The initial exotic rcmoval was initiated on April 13,2004 and completed on April 16, 2004. Thc Collier County Environmcntal Services Dcpartmcnt will monitor and re-treat the site every 6 months for the first year and then annually after the first year, using the Exotic Pest Plant Council's list of Florida's Most Invasivc Specics to identify invasive exotics. A copy of the list is included behind tab D in the Appendix. For a discussion of proposed revegetation, see the discussion of upland restoration. above. D. Prescribed Burn Plan There will be no prescribed burning on the project site. 16 L2:r: r .~':~' i t~J':;i;' :Jrlua~\' 5. 2('"]3 7::; ~)f 140 E. Feral Animal Program Currently thcre are no fcral animals on the project site. Park Rangers will monitor the project site for feral animals. Should fcral animals become an issue for the site in the future. Park Rangers will coordinate efforts with Collier County Domestic Animal Services for their removal. VI. Archeological, Cultural, and Historical Resource Protection The project site was surveyed for archeological and historical resources on June 2, 2003 by the Cultural Resources Management Program of Florida Gulf Coast University. A systematic sUliace inspection of the entire site was conducted by traversing the propel1y east-west at five-meter intervals. In the southeast corner of the project site evidence of prehistoric activity was encountered. The site consists of a scatter of shells, predominantly oysters, and three shell tools ofCalusa origin wcrc found therc. The site has been filed with the Division of Historical Resources as thc Half Shell Site. Florida Mastcr Site File #8CR871. It is hypothesized that the site was a resourceJ:'rocessing area and that a larger habitation site may be nearby. The Half Shell Site is located in a remote corner of the project site and the Preserve. No trail or boardwalk leads to it. In order to protect the site and thc surrounding natural area, the location of the site will not be advel1ised to the public. The site is interpreted for the public. howevcr, as part of the on-going Park Rang'cr program "The Calusa: Peoplc of the Estuary." This program is cUITently being otfered in public schools and on site. It will be a regularly scheduled program at the Preserve in the tall of 2004. Calusa culture is also a topic interpretcd regularly in canoe trips and nature walks otlered hy Park Rangers at the Preservc. A cultural resource survey will be perfclrmed on any arca within the project site that is proposed for developmcnt prior to the commencement of proposed development activities in that area. The Division of Historical Resources will bc notiiied immediately if evidenee is found to suggest that funhcr archeological or historical resources exist on the project site. Collicr County will work with the Cultural Rcsources Managemcnt Program of Florida Gulf Coast University to coordinate with Division of Historical Resourees on the protection and management of any further archcological and historical resources. The collection of artifacts or the disturbance of areheological and historic sites on the project site will be prohibited unless prior authorization has bccn obtained from the Department of State. Division or Historical Resourees. The management of the archeological and historical resources will comply with thc provisions of Chapter 267. Florida Statutes specifically Sections 267.061 2(a) and (b). In light ofthe sitc found on thc project site. the County will be incorporating plans to perform an archeological site survcy of the entire BarctlJot Beach Preserve into the Preserve's Land Management Plan. VII. Education Signs and Program An interactive educational kiosk will be developed on the project site. The round kiosk will be divided into tlJUr wedge-shaped sections addressing the illllr major habitats within the Preserve (Beach Dune. Coastal Strand. Maritime Hammock. and Tidal Swamp). Listed species, barrier island dynamics, and the sitc's archeological resources will also be covered. Each section will 17 Itf;m 1\10. 1c.:;D~~k; ~,- ')(\(';':1 'J, <..-,-,,,1..; 74 of 140 contain two 18 x 24-inch solid composite phenolic panels with fire-retardant, fade-proof, and graffiti-proofpropcrties. An acrylic overlay and UV inhibitor will cover cach panel. The kiosk will also contain two discovery boxes housing 311ifacts and specimens that will offer visitors a multisensory educational experience. A. Education Program Collier County Park Rangers have conducted 252 educational programs at Barefoot Beach Preserve in the last year, 68 of which have made use of the project site. All programs are presented by Park Rangers who have attended the Florida State Park Ranger Academy and interprctive training conducted by the Senior Park Naturalist. Program topics include sea turtles, native plants, shells, native pcoplcs, and general natural history topics. Target audiences are both residents and visitors. Park Rangers have also developed a suite of programs appropriate for elementary school children, especially 4th graders, who study Florida prehistory. The programs meet Florida Sunshine State Standards, and include pre and post activity sheets for educators. The Senior Park Naturalist is continuously updating and expanding thc education component of the Park Ranger program. B. Museum and Nature Center A staffed nature center or museum on the project site is not part of this project. VIII. Coordinated Management Collier County owns or leases the 342 acres of the Barefoot Beach Preserve that surround the 1.69-acre project site. An ultimate goal for management of the project site is that the site. its management and ownership, differ ti'om the rest of the Preserve only in the world of written documents. Visitors to the Preserve, as well as its natural communities and wildlife, should experience the Preserve as one functioning coastal barrier system, and one should be able to move seamlessly from the project site to the state-owned lands to the county-owned lands without seeing in the landscape the boundaries that exist on paper. Collier County will manage the site with this vision in mind and will synchronize the two management plans that govern the Preserve so as to achieve it. Land ownership and existing and proposed facilities are indicated on the Master Site Plan behind tab A in the Appendix. IX. Management Needs A. Maintenance Park Rangers and Beaeh and Water Maintenance personnel are responsible for day-to- day maintenance activities such as clean up and trash removal. Collier County Environmental Services Department will maintain the exotic plant removal and monitoring program. Collier County Parks and Recreations and Facilitics Management Dep311ments will coordinate responsibility for maintenance of pcrmancnt structures developed on the projcct site. B. Security Collier County Park Rangers have the primary responsibility for the security ofthe project site. Security is conducted in accordance with the Parks and Recreation Dep311ment Security and Protection Plan, with reliance on the Collier County Sheriff's 18 : i:'.: iTi hJc ~ (;['<>3 15.2JCj8 75:)f 140 OHice as necessary. The site is secured from theft and vandalism, as is the rest of the Preserve. through main entrance gates that arc closed and locked from sundovm to 8:00 am. C. Staffing Two Park Rangers, one Beach and Water Maintenance personnel and onc Park Anendant are assigned to Barefoot Beach Prescrve during park hours (8:00 am to sundown). The Friends of Barefoot Beach has 250 mcmbers. who voluntecr regularly with trail maintenance and coordinating lecture series and interpretive programs. No new staff has been required as a result of the acquisition of the project site. x. Cost Estimates and Funding Sources Removal of the exotics cost approximately $30.000. Half was fundcd by a grant from the State of Florida. $4500 was funded by a grant from thc United Statcs Fish and Wildlife Service. and the balance by Collier County Parks and Recreation from the cxotic removal line item within the Capital Projects budget. Collicr CountyJ'nvironmental Services will budget for and fund future monitoring. Cost cstimates for the pavilion and kiosk are as 1i.,lIows: 30' x 30' open pavilion 15' radius kiosk Connecting boardwalk Lockable cabinets S ignage Design and permitting Survey Permits Subtotal Continuenc\'. TOTAL $90.000 50.()OO 10.000 !O.OOO 2.000 20.000 5.000 5.000 192.000 8.000 200.000 Part of the FCT rcimbursemcnt of the purchase price of the project site will be used to ii.md the pavilion and kiosk. Development of the nature trail is not expected to require additional expenditure beyond that which was incurred during exotic removal. Upland restoration has yet to be estimated. It will be funded either by the Beach and Water Operating or the Capital Projects budget within Collier County Parks and Recreation, depending on the estimatcd cost. Educational programming. maintenance, security. and stalling will be subsumed within the Parks and Recreation Beach and Water Operating budget. 19 item Ho. 16036 Jan~;3iY ":5. 2008 t='age ;'6 of "140 XI. Priority Schedule Month & Year Activity August 2004 begin vacation of right-of-way September 2004 begin survey of plant and animal specics begin upland restoration plan Octo ber 2004 perform exoties monitoring begin design and permit of pavilion and kiosk November 2004 request comments on land management plan from FWCC submit upland restoration plan December 2004 complete survey of plant and animal species January 2005 submit annual stewardship report February 2005 March 2005 April 2005 perform exotics monitoring - begin bidding of pavilion and kiosk May 2005 .June 2005 .J uly 2005 submit comments on land management plan iTom FWCC August 2005 September 2005 begin survey of plant and animal specics October 2005 begin construction of pavilion and kiosk Novcmber 2005 December 2005 complete survey of plant and animal spccies January 2006 submit annual stewardship report February 2006 March 2006 April 2006 perform exotics monitoring complete construction of pavilion and kiosk May 2006 .1 une 2006 July 2006 August 2006 September 2006 begin survey of plant and animal species October 2006 November 2006 December 2006 complete survev of plant and animal species (repeat in 2009. 2012, 2015, etc.) .January 2007 submit annual stewardship rep0l1 February 2007 March 2007 April 2007 perform exotics monitoring May 2007 .J une 2007 .1 uly 2007 August 2007 20 [;:~ ;r, f\';J. I '3~'\jG :5.20J.3 77 of 4.50 Septembcr 2007 October 2007 Novembcr 2007 December 2007 January 2008 submit annual stewardship rep0l1 Fcbruarv 2008 March 2008 April ;(J08 perform exotics monitoring May 2008 .I une 2008 .July 2008 August 2008 September ~008 October 2008 November ;008 Decem bcr 2008 - - January 7009 submit annual stewardship rep0l1 Fcbruary 2009 March 7009 April 7009 perform exotics monitoring May 2009 .1 unc 2009 July 20D') XII, Monitoring And Reporting Collier County Parks and Recreation will preparc and submit an Annual Stewardship Repol1 on January 30 of cach year. evaluating the implcmentation of the Managcmcnt Plan. Collier County Parks and Recreation will requcst prior revicw and approval Il'om FCT for any proposed modification of the Management Plan and/or thc undel1aking any of site alterations or physical improvcments that are not addressed in thc approved Management Plan. 21 Uem I~O. - 6C35 .j8~uari,~,?, ~90~ ~'ag!:;'-.:)u 01 14tJ BAREFOOT BEACH PRESERVE LAND MANAGEMENT PLAN APPENDIX C BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA LEASE AGREEMENT Lease No, 3868 THIS LEASE AGREEMENT, made and entered Into this ~day of June 19~, between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA hereinatter referred to as "LESSOR", and COLLIER C-OUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as "LESSEE", LESSOR for and in consideration of mutual covenants and agreements hereinafter contained, does hereby lease to said LESSEE the lands described in paragraph 2 below, together with the improvements thereon, and subject to the following terms and conditions. 1, DELEGATIONS OF AUTHORITY: LESSOR'S respons'b'litles and obligations herein shall be exercised by the Division of State Lands Department of Natural Resources. 2, DESCRIPTION OF PREMISES The property subject to this lease, is situated in the County of Collier, State of Florida and is more particularly described in Exhibit A attached hereto and hereinafter referred to as the "leased premises". 3, TERM The term of this lease shall be for a period of Fifty (50) years commenc,ng on Julv 3,,1990 and end,ng on Julv 30, 2040 unless sooner terminated pursuant to the provisions of this lease 4, PURPOSE: The LESSEE shall manage the leased prem,ses only for the establishment and operation of a county park, along with other related uses necessary for the accomplishment of this purpose as designated in the Management Plan required by paragraph 8 of this lease, Page 1 of 20 Lease No, 3868 :'::'1:' ,:0 -C-,036 5.2Ci(J3 f='3SJS ':~~ e'f "iSU 5, QUIET ENJOYMENT AND RIGHT OF USE' LESSEE shall have the right of Ingress and egress to, from and upon the leased premises for all purposed necessary to the full quiet enjoyment by said LESSEE of the r'ghts conveyed herein, 6 UNAUTHORIZED USE, LESSEE shall, through ,ts agents and employees, prevent the unauthorized use of the leased premises or any use thereof not in conformance with this lease. 7 ASSIGNMENT ThiS lease shall not be assigned in whole or In part without the prior written consent of LESSOR Any assignment made either in whole or in part w'thout the prior written consent of LESSOR shall be void and w'thout legal effect 8, MANAGEMENT PLAN LESSEE shall prepare and submit a Management Plan for the leased premises in accordance with Chapters 18-2 and 18-4, Florida Administrative Code, within 12 months of the effective date of this lease. The Management Plan shall be submitted to LESSOR for approval though the Division of State Lands. The leased premises shall not be developed or phYSically altered in any way other than what IS necessary for security and maintenance of the leased premises w,thout the prior written approval of LESSOR until the Management Plan 's approved LESSEE shall prOVide LESSOR with an opportunity to participate In all phases of preparing and developing the Management Plan for the leased premises The Management Plan shall be submitted to LESSOR in draft form for review and comments w'thin ten months of the eftective data of thiS lease, LESSEE shall give LESSOR reasonable notice of the application for and receipt of any state, federal or local permits as well as any publiC hearings or meetings relating to the development or use of the leased premises LESSEE shall not proceed with development of said leased premises including, but not limited to, funding, permit application, design or building contracts, until the Management Plan required herein has been submitted and approved Any financial commitments made by Page 2 of 20 Lease No 3868 /-",;Jsnda iterrl iJJ. 1 GC36 January 15, 2008 ?a;-;8 32 of 140 LESSEE which are not in compliance with the terms of this lease shall be done at LESSEES own risk, The Management Plan shall emphaSize the Original management concept as approved by LESSOR on the effective data of this lease which established the primary public purpose for which the leased basic guidance for all management activities and premises are to be managed. The approved Management Plan shall provide the shall be reviewed jo'ntly by LESSEE and LESSOR at least every five (5) years, LESSEE shall not use or alter the leased premises except as provided for in the approved Management Plan without the prior written approval of LESSOR, The Management Plan prepared under this lease shall identify management strategies for exotic species, if present. The introduction of exotic species is prohibited, except when specifically author,zed by the approved Management Plan, 9, EASEMENTS: All easements including, but not lim,ted to, utility easements are expressly prohibited without the prior written approval of LESSOR, Any easement not approved in writing by LESSOR shall be void and w,thout legal effect. 10, SUBLEASES This agreement ,s for the purposes specif'ed herein and subleases of any nature are prohib,ted, without the prior written approval of LESSOR, Any sublease not approved in writing by LESSOR shall be void and Without legal effect. 11 RIGHT OF INSPECTION LESSOR or its duly author,zed agents, representatives or employees shall have the right at any and all times to inspect the leased premises and the works and operations of LESSEE in any matter pertaining to this lease 12, PLACEMENT AND REMOVAL OF IMPROVEMENTS All bu,ld,ngs, structures, improvements, and signs shall be constructed at the expense of LESSEE in accordance with plans prepared by professional designers and shall require the prior written approval of LESSOR as to purpose, location and design Further, no trees, other than non-native species, shall be removed or major land alterations done without the prior written Page 3 of 20 Lease No, 3868 i,.:__:I t::':rli! ,:). 'i':;~_;.:J ~ 5. 20Cl F'apE: ;:;~ or ~ approval of LESSOR Removable equipment and removable improvements placed on the leased premises by LESSEE which do not become a permanent part of the leased premises will remain the property of LESSEE and may be removed by LESSEE upon termination of this lease 13, INSURANCE REQUIREMENTS DUring the term of this lease LESSEE shall procure and maintain policies of fire extended risk, and liability insurance coverage. The extended risk and fire insurance coverage shall be In an amount equal to the full Insurance replacement value of any improvements of fixtures located on the leased premises The liability insurance coverage shall be in amounts not less than $10000000 per occurrence aruJ $200 000 00 per accident for personal injury, death, and property damage on the leased premises Such policies of insurance shall name LESSOR, the State of FlOrida and LESSEE as cO-Insureds, LESSEE shall submit written evidence of having procured all insurance policies required herein prior to the effective date of this lease and shall submit annually thereafter, written evidence of maintaining such Insurance policies to the Bureau of Land Management Services, DiVision of State Lands. Department of Natural Resources 3900 Commonwealth Boulevard, Tallahassee FlOrida 32399 LESSEE shall purchase all policies of insurance from a financially-responsible insurer duly authorized to do business in the State of Florida. Any certificate of self-Insurance shall provide for casualty and liability coverage LESSEE shall 'mmedlately notify LESSOR and the Insurer of any erection or removal of any building or other improvement on the leased premises and any changes affecting the value of any Improvements and shall request the insurer to make adequate changes in the coverage to reflect the changes in value LESSEE shall be finanCially responsible for any loss due to failure to obtain adequate Insurance coverage, and the failure to maintain such policies or certificate In the amounts set forth shall constitute a breach of this lease 14 INDEMNITY LESSESE hereby covenants and agrees to ,nvestigate all claims of every nature at its own expense, and to indemnify, protect defend, hold and Page 4 of 20 Lease No, 3868 :l.;;,rn ~~Ci. GD:;S ~5 2008 ;:"--'a~:;8 (:,4 Df .'140 save harmless the State of Florida and LESSOR from any and all claims, act,ons, lawsuits and demands of any kind or nature arising out of this lease to the extent provided by law, 15 PAYMENT OF TAXES AND ASSESSMENTS LESSEE shall assume full responsibility for and shall pay all liabilities that accrue to the leased premises or to the improvements thereon, including any and all ad valorem taxes and drainage and special assessment or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against the land premises. 16, NO WAIVER OF BREACH: The failure of LESSOR to insist in anyone or more instances upon strict performance of anyone or more of the covenants, terms and conditions of this lease shall not be construed as a waiver of such covenants, terms or conditions, but the same shall continue in full force and effect, and no waiver of LESSOR of any of the provisions hereof shall in any event be deemed to have made unless the waiver is set forth in writing, signed by LESSOR. 17. TIME: Time is expressly declared to be of the essence of this lease. 18, NON DISCRIMINATION LESSEE shall not discr,minate against any individual because of that individual's race, color, religion, r within the leased premises or upon lands adjacent to and used as an adjunct of the leased premises 19, UTILITY FEES, LESSEE shall be responsible for the payment of all charges for the furnishing of gas, electricity, water and other publiC utilities to the leased premises and for having all utilities turned off when the leased premises are surrendered. 20, MINERAL RIGHTS: ThiS lease does not cover petroleum or petroleum products or minerals and does not give the right to LESSEE to drill for or develop the same, and LESSOR specifically reserves the fight to lease the leased premises for purpose of exploring and recovering oil and minerals by whatever means appropriate; provided, however, that LESSEE named herein shall be fully compensated for any and all damages that might result to the leasehold interest of said LESSEE by reason of such exploration and recovery operations. IlefT r~,'j. ":iD 6 .;::; -I.~ .0 ~,.;:..u 0 ::.5 of '; Cl Page 5 of 20 Lease No, 3868 21, RIGHT OF AUDIT LESSEE shall make ava,lable to LESSOR all f,nancial and other records relating to this lease, and LESSOR shall have the right to either audit such records at any reasonable time or require the submittal of an annual independent audit by a Certified Public Accountant dUring the term of this lease. This right shall be continuous until this lease expires or is terminated. This lease may be terminated by LESSOR should LESSEE fail to allow public access to all documents papers, letters or other materials made or received in conjunction with this lease. pursuant to the provisions of Chapter 119, Florida Statutes 22, CONDITION OF PREMISES' LESSOR assumes no liability or obl'gation to LESSEE with reference to the condition of the leased premises. The leased premises here,,, are leased by LESSOR to LESSEE ,n an "as is" condition, with LESSOR assuming no responsibility for the care. repair, maintenance or improvement of the leased premises for the benefit of LESSEE 23, COMPLIANCE WITH LAWS LESSEE agrees that this lease is contingent upon and subject to LESSEE obtaining all applicable permits and complying with all applicable permits, regulations ordinances rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either 24 NOTICE All notices given under this lease shall be ,n wflt,ng and shall be served by certified mail Including, but not limited to notice of any violation served pursuant to 253.04, Florida Statutes, to the last address of the party to whom notice is to be given, as deSignated by such party In wflt,ng, LESSOR and LESSEE hereby designate their address as follows' LESSOR, Department of Natural Resources Division of State Lands Bureau of Land Management Services 3900 Commonwealth Boulevard Tallahassee Florida 32399 LESSEE, Collier County Board of County Commissioners c/o Collier County Parks & Recreation Department 3300 Santa Barbara Boulevard Naples Florida 33999 'ten: r~c I J~lj(\ 5.20Ci8 ?aQ~. b6 cf "i!:D Page 6 of 20 Lease No, 3868 25, BREACH OF COVENANTS TERMS, OR CONDITIONS Should LESSEE breach any of the covenants, terms, or conditions of this lease, LESSOR shall give written nollce to LESSEE to remedy such breach w,th,n sixty (60) days of such notice, In the event LESSEE fails to remedy the breach to the satisfaction of LESSOR within sixty (60) days of receipt of written notice, LESSOR may either term,nate th,s lease and recover from LESSEE all damages LESSOR may ,ncur by reason of the breach including, but not limited to, the cost of recovering the leased premises and attorneys' fees or maintain this lease in full force and effect and exercise all rights and remedies herein conferred upon LESSOR. 26, DAMAGE TO THE PREMISES LESSEE agrees that it will not do, or suffer to be done, in, on or upon the leased premises or as affecting said leased premises, any act which may result in damage or depreciation of value to the leased premises, or any part thereof. LESSEE shall not dispose of any contam,nants including, but not limited to, hazardous or toxic substances, chemicals or other agents used or produced in LESSEE'S operations, on the leased premises or on any adjacent state land or in any manner not permitted by law. 27, SURRENDER OF PREMISES: Upon terminat,on or explrallon of th,s lease, LESSEE shall surrender the leased premises to LESSOR, In the event no further use of the leased premises or any part thereof is needed, LESSEE shall give written notification to LESSOR and the Bureau of Land Management Services Division of State Lands Department of Natural Resources, 3900 Commonwealth Boulevard, Tallahassee, Florida, 32399, at least s'x (6) months prior to the release of any or all of the leased premises. Notification shall include a legal description, thiS lease number, and an explanation of the release The release shall only be valid if approved by LESSOR through the execution of a release of ease Instrument With the same formality as this lease Upon release of all or any part of the leased premises or upon termination or expiration of this Page 7 of 20 Lease No 3868 I, .~-, T; t'Jc., ";~)L:) 3(; 2JCl2! :;-' ':j; ~4D lease, all Improvements, including both physical structures and modifications to the leased prem,ses shall become the property of lESSOR, unless lESSOR gives written notice to LESSEE to remove any or all such improvements at the expense of LESSEE The decision to retain any improvements upon termination or expiration of thiS lease shall be at LESSOR'S sole discretion Prior to surrender of all or any part of the leased premises a representative of the DIvision of State Lands shall perform an on-site inspection and the keys to any building on the leases premises shall be turned over to the division. If the improvements do not meet all conditions as set forth In paragraphs 19 and 35 herein. LESSEE shall pay all costs necessary to meet the prescribed conditions. 28 BEST MANAGEMENT PRECTICES: KESSEE shall Implement appl'cable Best Management Practices for all activities conducted under this lease in compliance With paragraph 18-2004 (1)(d), Florida AdminIStrative Code wh,ch have been selected, developed, or approved by LESSOR or other land managing agencies for the protection and enhancement of the leased premises 29 PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES Fee lItle to the leased premISes IS held by lESSOR lESSEE shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property contained In the leased premises Including but not limited to. mortgages or construction liens against the leased premises or against any Interest of LESSOR there i n 30, PARTIAL INVALIDITY If any term, covenant condition or provlS,on of this lease shall be ruled by a court of competent jurisdiction, to be invalid, VOid. or unenforceable the remainder shall remain in full force and effect and shall in no way be affected Impaired or invalidated 31 ARCHAElOGOCAl AND HISORIC SITES Execution of thIS lease In no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes The collection of artifacts or the disturbance of archaeological and historic sites on Page 8 of 20 Lease No. 3868 ;'Le:n !'JC'. '3C-36 ...;an:...l8ry ::) .20Cl8 83 Jf 140 state-owned lands is prohibited unless prior authorization has been obtained from the Department of State, Division of Historical Resources. The Management Plan prepared pursuant to Chapters 18-2 and 18-4, Florida Administrative Code, shall be reviewed by the Division of Historical Resources to insure that adequate measures have been planned to locate, identify, protect and preserve the archaeological and historic sites and properties on the leased premises. 32. SOVEREIGNTY SUMBERGED LANDS Th,s lease does not authOrize the use of any lands located waterward of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space there above 33 DUPLIATE ORIGINALS This lease is executed in duplicate originals each of which shall be considered an original for all purposes 34, ENTIRE UNDERSTANDING: This lease sets forth the entire understanding between the parties and shall only amended w,th the prior written approval of LESSOR, 35, MAINTENANCE OF IMPROVEMENTS: LESSEE shall maintain the real property contained within the leased premises and any improvements located thereon in a state of good condition, working order and repair including, but not limited to, keeping the leased premises free of trash or litter, maintaining all planned improvements as set forth in the approved Management Plan, meeting all building and safety codes in the location situated and maintaining any and all existing roads, canals, ditches, culverts, risers and the like in as good condition as the same may be on the effective date of this lease. 36, GOVERNING LAW This lease shall be governed by and 'nterpreted according to the laws of the State of Florida. 37, SECTION CAPTIONS, Arlicles, subsect,ons and other capt'ons contained in this lease are for reference purposes only and are in no way intended to describe, interpret. define or limit the scope, extent of intent of this lease or any provisions thereof. Page 9 of 20 Lease No 3868 il:;;)!-I'; iv(). ':bC':;'S _;arIJ(~r:' ~; 5. 2J08 :;:; 'A ::n 38, SPECIAL CONDITIONS The following special conditions shall apply to this lease None. IN WITNESS WHEROF, the parties have caused this lease to be executed on the day and year first above written. (SEAL) BOARD OF TRUSTEES OF THE 'NTERNAL 'MPROVEMENT TRUST FUND OF THE STATE OF FLOR'DA Virainia S Curry Witness By See Siqnalure Paae D'RECTOR, D'V'S'ON OF STTE LANDS, DEPARTMENT OF NATURAL RESOURCES ("Lessor") Amelia K Perricellia Witness STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this ~ day of Julv 19~, by Percy W. Mallison as Director, Division of State Lands, Department of Natural Resources see sionature paoe NOTARY PUBLIC My Comm,ss,on Expires (Notary Seal is on Ollg'nal) Approved as to form and Legalily By' Suzanne (see sionature oaoe) DNR Attorney Approved as to form & legal sufficiency David C (see sionature oaoe) Asst, County Attorney COLLIER (see sionature paoe) Witness BOARD OF COUNTY COMMISSIONERS OF COUNTY, FLORIDA By (Max A Its Hasse (see CHAIRMAN "LESSEE' Slanature paoel, (SEAL) Witness STATE OF FLORIDA COUNTY OF The forego,ng instrument was acknowledged before me this .JJLday of ~ 1990" by Max A Huoh Jr as Chairman of the Board of County Commissioners Maureen (see slonature oaoe) NOTARY PUBLIC orig i n a I) My Commission Expires: (Seal appears on NOTARY PUBL'C STATE OF FLORIDA MY COMMISSION EXP SEPT 19, 19 (See original) BOARD - -- (see original) Page 10 of 20 l1em '.~.J. i 6J36 ,;anua~y ';:; 2Cl03 ~j(j of ~i40 Jse No 3868 EXHIBIT A ,Page 1- A parcel of land extending from the Gulf of MexIco to the waters of a bay in Section 17, Township48 South, Range 25 East, Collier County, Florida, sa,d parcel of land being described as follows' From the northeast corner of said Section 17 run West along the North line of said Section 17 for 2672,80 feet (passing through a concrete post marking the East quarter-quarter (1/4 1/4) corner at 1336.40 feet and a Collier monument at 1899 51 feet to a concrete monument marking the quarter (1/4) corner, thence continue West along said North line of Sect,on 17 for 77671 feet (pass'ng through a concrete post at 178 feet) to an intersection with the agreed upon boundary line recorded in Official Record Book 68 at pages 235 to 250, inclusive, of the public records of Collier County, thence continue West along said North line of Section 17 for 1408,70 feet (passing through concrete posts at 1007,57 feet and 1357,57 feet) to a point on the Westerly line of a roadway easement 60 feet wide known as Gulf Bay Drive, thence run southeasterly along said westerly line of a roadway easement 60 feet wide along the arc of a curve to the light of radius 22,88833 feet for 2626 57 feet (chord bearing s, 12"13'00" E) to the po,nt of beginning of the herein described land s From said point of beginnin-g continue southeasterly along said westerly line of said roadway easement along said arc of a curve to the right of radius 22,888.33 feet (chord beallng ~ 8'49'15" E) for 99,87 feet; thence run South; 8,'18'15" W for 400 feet more or less to the waters of the Gulf of Mexico; thence run northwesterly along said waters to an intersection with a line bearing South 8P03'14" W. passing through the point of beginning; thence ru n North 81c03'15" E. along said line 400 feet more of less to the point of beginning I"~''"'-O: Beginning at the hereinabove mentioned point of beginning, run southeasterly along said .erly line of a roadway easement 60 feet wide along said arc of a curve to the right of radius 2L,888 33 feet for 99,87 feet (chord beallng S, 8"18'15" E ); thence run North 81 18'15" E for 390 feet, more or less, to the waters of said bay, thence run northwesterly along said waters to an intersection w'th a l,ne bearing North 81"03'15" E passing through the point of beginning: thence run South 81c03'15" W for feet more or less to the point of beginning NO. 3868 EXHIBtT --1;" PAGE~ OF -1..Q. ~"?:j .'c, , .,;:i,lL::'jr'" e~n !'\C. .; (:;C 6 3 5 2:; ,,( ~ i.), I EXHIBIT A -PAGE 2. DUANE HALL & ASSOCIATES Engineers and Surveyors 6800 So. Tamiami Trail Suite 2, Villas Plaza Telephone Fort Myers, Florida 339D1 Februa ry 2, 1967 DESCRIPTION A PARCEL OF LAND IN SECTION 17, T.48S., R.25E. COLLIER COUNTY, FLORIDA From the northeast corner of Section 17, Township 48 South, Range 25 East, Collier County, Florida, run westerly along the North line of said Section 17 for 2672.80 feet (passing through a concrete post marking the East quarter-quarter (1/4 %) corner at 1336.40 feet and a Collier monument at 1899 51 feet) to a concrete monument marking the quarter (1/4) corner: thence continue West along said North line of Section 17 for 776,71 feet (passing through a concrete post at 178 feet) to an intersection with the agreed upon boundary line recorded In Official Record Book 68 at pages 235 to 250, inclusive, of the public records of Collier County, thence continue West along said North line of Section 17 for 396,57 feet to the existing Bulkhead Line as established by the Board of Collier Commissioners on March 17 1965 and the point of beginning of the herein described lands From said point of beginning run S. 12"OO'E along said Bulkhead Line for 346 5 feet to a pOint of curvature: thence run southeasterly, southerly and eastwesterly along said Bulkhead Line along a curve to the right or rad,us 1414,57 feet for 547 67 feet to a point of reverse curvature: thence run southwesterly, southerly and southeasterly along said Bulkhead Line along an arc of a curve to the left of radius 470 28 feet for 363 39 feet to a point of reverse curvature, thence run southeasterly, southerly and southwesterly along sa'd Bulkhead line along the arc of a curve tot he right of rad,us 433 63 feet for 456 94 feet to a point of reverse curvature thence run southwesterly along said Bulkhead line along the arc of a curve to the left of radius 561 48 feet for 360 64 feet to a point of compound curvature, thence run southwesterly, Southerl)', and Southeasterly along said bulkhead line along the arc of a curve to the left of radius 27148 feet for 480.91 feet to a pOint of reverse curvature; thence easterly and southeasterly along said Bulkhead line along the arc of a curve to the right of radius 130.60 feet for 409.01 feet to a point of compound curvature, thence run southeasterly and southerly along said Bulkhead line along the arc of a curve to the right of radius 172491 feet for ___ feet SE to a point of compound curvature thence run southerly and southwesterly along said Bulkhead line along the arc of a curve to the right of radius 743 37 feet for 1118 32 feet to a point of compound curvature, thence run southwesterly along said Bulkhead line along the arc of a curve to the left of rad,us 1040 feet for 621 14 feet to the end of said Bulkhead I,ne and the North shore of Wiggins Pass, thence run southwesterly along the waters of Wiggins Pass to an intersectIOn with the waters of the Gulf of Mexico thence run northwesterly along said waters of the Gulf of Mexico to an intersection with said North line of Section 17: thence run East along said North line of Section 17 for 1355 feet more or less to the paint of beginning Bearings are from assuming said North line of Section 17 as running East and West (stamp seals on originals) FLORIDA STAMP ON DOC AFFIXED HERE ($999,00) FLORIDA STAMP ON DOC AFFIXED HERE ($999,00) EXCEPTING THERFROM the lands desCribed in Exhibit A, pages 1,2,3,4, and 5 attached hereto l'jCi.16[;35 is.2.JC18 ~j2 of 140 EXHIBIT A -PAGE 3- DUANE HALL & ASSOCIATES Engineers and Surveyors 6BOO So. Tamiami Trail Suite 2, Villas Plaza Telephone Fort Myers, Fiorida 33901 February 1, 1967 DESCRIPTION PARCELS 22 AND 22A GULF TO BAY ESTATES SECTION 17, T.4BS., R.25E. COLLIER COUNTY, FLORIDA. A parcel of land extending from the Gulf of Mexico to the waters of a bay in Section 17, Township 48 South. Range 25 East, Collier county, Florida, said parcel of land being described as follows: From the northeast corner of said Section 17 run West along the North line of said Section 17 for 2672 80 feet (passing through a concrete post marking the East quarter.quarter (1/41/4) corner at 1336.40 feet and a Collier monument at 1399.51 feet) to a concrete monument marking the quarter (1/4) corner; thence continue West along said North line of Section 17 for 776.71 feet (pass'ng through a concrete post at 178 feet) to an intersection with the agreed upon boundary line recorded in Official Record Book 68 at pages 235 to w50, inclusive, of the public records of Collier County; thence continue West along said North line of Section 17 for 1408.70 feet (passing through concrete posts at 1007,57 feet and 1357,57 feet) to a point on the westerly line of a roadway easement 60 feet wide known as Gulf Bay Drive: thence run southeasterly along said westerly line of a roadway e,,",ement 60 feet wide along the arc of a curve to the right of radius 22,668 33 feet for 222709 feet rd bearing S 12"51 '30" E) to the pOint of beglnn'ng of the herein described lands, From said point of beginning continue southeasterly along said Westerly line of said roadway easement along said arc of a curve to the right of radiUS 32,95633 feet (chord bearing S, 10"11 '45" E) for 99 87 feet; thence run South 50"03 14' W for 400 feet more or less to the waters of the Gulf of Mexico; thence run northwesterly along said waters to an intersection with a line bearing South 79"48'15" W, passing through the point of beginning thence run North 79"48'15" E, along said line for ______feet more or less to the point of beginning. ALSO. Beginning at the hereinabove mentioned point of beginning, run southeasterly along said westerly line of a roadway easement 60 feet wide along said arc of a curve to the right of radius 22,83233 feet for 99 87 feet (chord bearing S,10"11'45" E); thence run North 8003'15" East for 200 feet, more or less. to the waters of said bay; thence run northwesterly along said waters to an intersection with a line bearing N 79~48'15" E passing through the point of beginning, thence run South 79'48'15" W, for 150 feet, more or less, to the pint ot beginning, SUBJECT to and TOGETHER with the hereinabove mentioned roadway easement 60 feet w,de Bearings are from assuming said North line of Section 17 as running East and West. DOC SUR TAX $708 95 DOC STAMP TAX $999,00 (stamp seals on originals) EXHIBIT "A" Page 1 No. 3868 EXHIBIT !!", Page 1.Lof 1Q. EXHIBIT A -PAGE 4- :i~:T: ~,jQ, i C2J6 15.20Cl3 \;] Of'if,(l DUANE HALL & ASSOCIATES Engineers and Surveyors 6800 So. Tamiami Trail Suite 2, Villas Plaza Telephone Fort Myers, Florida 33901 February 1, 1967 DESCRIPTION PARCELS 25 AND 25A GULF TO BAY ESTATES SECTION 17, T.48S., R.25E. COLLIER COUNTY, FLORIDA. A parcel of land extending from the Gulf of Mexico to the waters of a bay in Section 17, Township 48 South, Range 25 East, Collier County, Florida, said parcel of land being described as follows From the northeast corner of said Section 17 run West along the North line of said Section 17 for 2672 80 feet (passing through a concrete post marking the East quarter-quarter (1/41/4) corner at 133640 feet and a Collier monument at 1399.51 feet) to-8 concrete monument marking the quarter (1/4) corner, thence continue West along said North line of Section 17 for 776 71 feet (pass,ng through a concrete post at 178 feet) to an intersection with the agreed upon boundary line recorded in Official Record Book 68 at pages 235 to 250, inclusive, of the public records of Collier County; thence continue West along said North line of Section 17 for 1408 70 feet (passing through concrete posts at 1007,57 feet and 1357,57 feet) to a point of the westerly line of a roadway easement 60 feet wide known as Gulf Bay drive; thence run southeasterly along said westerly line of a roadway easement 60 feet wide along the arc of a curve to the right of radius 22,888,33 feet for 242683 feet (chord bearing S 17'29'00" E ) to the point of beginning of the herein deSCribed lands, From said point of beginning continue southeasterly along said westerly line of said roadway easement along said arc of a curve to the right of radiUS 22 835 33 feet (chord bearing S 9c19'15" E) for 99,87 feet; thence run South 80 4515" W for 400 feet more or less to the waters of the Gulf of Mexico; thence run northwesterly along said waters to an Intersection with a line bearing South S9'33 15" W passing through the pOint of beg,nn,ng, thence run North 80"33 15" E along said ',ne for 200 feet more or less, to the point of beginning, ALSO: Beginning at the hereinabove mentioned point of beginning, run southeasterly along said westerly line of a roadway easement 60 feet wide along said arc of a curve to the Right of radius 22,86633 feet for 99 87 feet (chord bearing S 9'19'15"E), thence run North 80'48'15" E, for 300 feet, more or less, to the waters of said bay, thence run northwesterly along said waters to an intersection with a line bearing North 80 33'15"E passing through the point of beginning thence run south 80'33'15" W for 250 feet more or less to the pOint of beg,nn,ng SUBJECT to and TOGETHER With the here,nabove mentioned roadway easement 60 feet Wide Bearings are from assuming said North line of Section 17 as running East and West. STATE OF FLA STAMP ON DOC $99900 STATE OF FLA, STAMP ON DOC $999 00 (stamp seals on originals) EXHIBIT "A" Page 2 NO. 3868 EXHIBIT~ PAGE 1i.. OF ~ EXHIBIT A -PAGE 5. DUANE HALL & ASSOCIATES : I':: rYI ~'JO. 16:J:)6 ..;a~:ua~y, A~" ~iJ~)3 r-'8ge '0"-+ CJI L.;O Engineers and Surveyors 6800 So. Tamiami Trail Suite 2, Villas Plaza Telephone Fort Myers, Florida 33901 February 1, 1967 DESCRIPTION PARCELS 26 AND 26A GULF TO BAY ESTATES SECTION 17, T.4BS., R.25E. COLLIER COUNTY, FLORIDA. A parcel of land extending from the Gulf of Mexico to the waters of a bay ,n Section 17, Township 48 south, Range 25 East, Collier County, Florida, said parcel of land be'ng described as follows: From the northeast corner of said Section 17 run West along the North line of said Section 17 for 2672,80 feet (passing through a concrete post marking the East quarter-quarter (1/41/4) corner at 1336.40 feet and a Collier monument at 1599.51 feet) to a concrete monument marking the quarter (1/4) corner; thence continue West along said North I,ne of Section 17 for 776,61 feet (passing through a 'concrete post at 178 feet) to an intersection with the agreed upon boundary line recorded In Official-Record Book 68 at pages 235 to 250, Inclusive of the public records of Collier county; thence continue West along said North line of Section 17 for 1406.70 feet (passing through concrete posts at 1007,57 feet and 1357,57 feet) to a point on the westerly line of a roadway easement 60 feet wide known as Gulf Bay Drive; thence run southeasterly along said westerly line of a roadway easement 60 feet wide along the arc of a curve to the right of radiUS 22,88633 feet for 2526.70 feet (chord bearing S12'21'30" E) to the po,nt of beginning of the herein described lands, From said point of beginning continue southeasterly along said westerly line of said roadway 8...c:;ement along said arc of a curve to the right of radius 22,669.33 feet (chord bearing S.9006'15" or 9987 feet, thence run South 5,'03',5" W, for 450 feet more or less to the waters of the Gulf t., ,v'1exico; thence run northwesterly along said waters to an intersection with a line bearing South 60'43'15" W passing through the point of beg'nn'ng, thence run North 80'46'15" E along said line 400 feet, more or less, to the pOint of beginning. ALSO' Beginning at the hereinabove mentioned point of beginning. run southwesterly along said westerly line of roadway easement 60 feet Wide along said arc of a curve to the right of radius 2288333 feet for 99 87 feet (chord bearing S,5'04'15" E,); thence run North 81"03'15" E, for 375 feet, more or less, to the waters of said bay, thence run northwesterly along said waters to an intersection with a line bearing North 60'43'15" E. passing through the point of beginning; thence run South 60"48'15" W for 300 feet more or less to the point of beginning SUBJECT to and TOGETHER with the hereinabove mentioned roadway easement 60 feet wide Bearings are from assuming said North line of Section 17 as running East and VI/est (stamp seals on originals) STATE OF FLA STATE OF FLA DOC STAMP TAX DOC STAMP TAX $999 00 $999,00 EXHIBIT "A" Page 3 NO. 3868 EXHIBIT t;, PAGE...1.L OF ~ EXHIBIT A -PAGE 6- DUANE HALL & ASSOCIATES Engineers and Surveyors 6800 So. Tamiami Trail Suite 2, Villas Plaza Telephone Fort Myers, Florida 33901 I i'.:'n , h!).'j (3036 _;ar:uary "5, 2008 ~8gS ~!5 ;)f ~ ~LO February 1, 1967 DESCRIPTION PARCELS 27 AND 27A GULF TO BAY ESTATES SECTION 17, T.48S., R.25E. COLLIER COUNTY. FLORIDA. A parcel of land extending from the Gulf of Mexico to the waters of a bay in Section 17, Township 48 South, Range 25 East, Coll,er County, Florida, said parcel of land described as follows: From the northeast corner of said Section 17 run West along the North line of said Section 17 for 2672,80 feet (passing through a concrete post marking the East quarter-quarter (1/41/4) corner at 1336.40 feet and a Collier monument at 169951 feet) to a concrete monument marking the quarter (1/4) corner; thence continue West along said North line of Section 17 for 776.71 feet (passing through a concrete post at 178 feet) to an intersection with the agreed upon boundary line recorded in Official Record Book 68 at pages 235 to 250, inclus,ve of the public records of Coll,er County: thence continue West along said North line of Section 17 for 1406 70 feet (passing through concrete posts at 1007 57 feet and 1357 57 feet) to a pOint on the Westerly line of a ffladway easement 60 feet wide known as Gulf Bay Drive, thence run southeasterly along said westerly line of a roadway easement 60 feet wide along the arc of a curve to the right of radius 22,88833 feet for 2626 57 feet (chord bearing S,I2 1300" E,) to the po,nt of beginning of the herein desCribed lands From said point of beginning continue southeasterly along said westerly line of said roadway easement along sa,d arc of a curve to the right of rad,us 22 856 33 feet (chord bearing S 8049'15" E,) for 99,87 feet: thence run South 8F15'15" W, for 400 feet more or less to the waters of the Gulf of Mexico, thence run northwesterly along said waters to an intersection with a line bearing South 81 03,5" W, passing through the point of beg,nning: thence run North 81 03',5" E along said line 400 feet more or less to the point of beginning ALSO: Beginning at the hereinabove mentioned point of beginning run southeasterly along said westerly line of a roadway easement 60 feet wide along said arc of a curve to the right of radius 22,83833 feet for 99 87 feet (chord bearing _____) thence run North 8F18'15" E for 390 feet more or less, to the waters of said bay, thence run northwesterly along said waters to an intersection with a line bearing North 61003'15" E passing through the point of beginning; thence run South 51'03'15' W for 375 feet more or less to the pOint of beginning SUBJECT to and TOGETHER with the hereinabove mentioned roadway easement 60 feet wide. Bearings are from assuming said North line of Section (seals on originals) STATE OF FLA DOC STAMP TAX $999 00 17 as running East and West STATE OF FLA DOC STAMP TAX $999 00 EXHIBIT "A" Page 4 EXHIBIT A ,Page 7- NO.~ EXHIBIT .J::.. P AGE ..1.L 0 F --1Q. DUANE HALL & ASSOCIATES Engineers and Surveyors 6800 So. Tamiami Trail Suite 2, Villas Plaza Telephone Fort Myers, Florida 339D1 February 1, 1967 itern f'J8, "i 3236 jam,a,v 15, 20CJS Pag~ 96 'JT ~i40 DESCRIPTION PARCELS 28 AND 28A GULF TO BAY EST A TES SECTION 17, T.48S., R.25E. COLLIER COUNTY, FLORIDA. A parcel of land extending from the Gulf of Mexico to the waters of a bay in Section 17, Township 48 South, Range 25 East, Coll,er County, Florida, sa'd parcel of land described as follows From the northeast corner of said Section 17 run West along the North line of said Section 17 for 2672,80 feet (pass'ng through a concrete post marking the East quarter-quarter (1/41/4) corner at 1336.40 feet and a Collier monument at 1899.51 feet) to a concrete monument marking the quarter (1/4) corner; thence continue West along said North I,ne of Section 17 for 776 71 feet (passing through a concrete post at 178 feet) to an intersection with the agreed upon boundary line recorded In Official Record Book 68 at pages 235 to 250, inclus,ve, of the public records of Coll,er County; thence continue West along sa,d North line of Section 17 for 1408,70 feet (passing through concrete posts at 1007,57 feet and 1357 57 feet) to a point on the Westerly line of a roadway easement 60 feet wide known as Gulf Bay Drive; thence run southeasterly along said westerly line of a roadway easement 60 feet wide along the arc of a curve to the right of radius 22,888.,33 feet for 2726,44 feet (chord bearing S,1r05'30" E:) to the pOint of beg,nning of the herein described lands, From said point of beginning continue southeasterly along said westerly line of said roadway easement along said arc of a curve to the right of radius 22,888 33 feet (chord bearing S,8'34'15" E) for 99,87 feet, thence run South 81"33'15" W, for 400 feet more or less to the waters of the Gulf of Mexico; thence run northeasterly along said waters to an intersection with a line bearing S. u__u_ -passing through the point of beg'nnlng, thence run North 81',8'15" E, along said line 400 feet more or less to the point of beginning .AJ.-.~o: Beginning at the hereinabove mentioned point of beginning, run southeasterly along said erly line of a roadway easement 60 feet wide along said arc of a curve to the right of radius LL,d88 33 feet for 99 87 feet (chord bearing S, 8'34 15" E; thence run North 8,"33',5" E, for 375 feet, more or less, to the waters of said bay, thence run northwesterly along said waters to an 'ntersectlon w'th a I,ne bearing North 8,"18',5" E, passing through the point of beginn,ng, SUBJECT to and TOGETHER with the hereinabove mentioned roadway easement 60 feet wide. Bearings are from assuming said North line of Section 17 as running East and West. STATE OF FLA DOC STAMP TAX $999 00 STATE OF FLA DOC STAMP TAX $999,00 STATE OF FLA DOC STAMP TAX $999 00 STATE OF FLA DOC STAMP TAX $660,00 (stamp seals on originals) EXHIBIT "A" Page 5 NO. 3868 EXHIBIT -1" PAGE 1L OF 20 EXHIBIT A -Page 8. DUANE HALL & ASSOCIATES Engineers and Surveyors 6800 So. Tamiami Trail Suite 2, Villas Plaza Telephone Fort Myers, Florida 339D1 February 1, 1967 DESCRIPTION !l'~!n :>1Cl, 16036 .jsnuary '15, 20(18 ~7 :)f "i;;O PARCELS 28 AND 28A GULF TO BAY ESTATES SECTION 17. T.48S., R.25E. COLLIER COUNTY, FLORIDA. A parcel of land extending from the Gulf of Mexico to the waters of a bay in Section 17, Township 48 South, Range 25 East, Coll,er County, Florida, sa,d parcel of land described as tallows: From the northeast corner of said Section 17 run West along the North line of said Section 17 for 2672 80 feet (passing through a concrete post marking the East quarter.quarter (1/41/4) corner at 1336.40 feet and a Collier monument at 1899 51 feet) to a concrete monument marking the quarter (1/4) corner, thence continue West along said North line of Section 17 for 776 71 feet (passing through a concrete post at 178 feet) to an intersection with the agreed upon boundary line recorded in Official Record Book 68 at pages 235 to 250, inclusive, of the public records of Collier County: thence continue West along said North line of Section 17 for 1408 70 feet (passing through concrete posts at 1007 57 feet and 1357 57 feet) to a po,nt on the Westerly line of a roadway easement 60 feet wide known as Gulf Bay Drive: thence run southeasterly along said westerly line of a roadway easement 60 feet wide along the arc of a curve to the right of radiUS 22.888.33 feet for 2726 44 feet (chord bearing S 12'05'30" E) to the pOint of beg,nning of the herein described lands From said point of beginning continue southeasterly along said westerly line of said roadway easement along said arc of a curve to the right of radius 22,855 33 feet (chord bearing S 8~36'15" E,) for 99 87 feet; thence run South 81'33'15" W, for 400 feet more or less to the waters of the Gulf of MexIco, thence run northwesterly along said waters to an intersection with a line bearing South __ -------------passing through the point of beginning. thence run North 31"18'15" E along said line 400 feet more or less to the point of beginning. ALSO' Beginning at the hereinabove mentioned pOint of beginning run southeasterly along said westerly line of a roadway easement 60 feet Wide along said arc of a curve to the right of radius 22,83333 feet for 99,87 feet (chord bearing S8'34'15" E for 375 feet, more or less, to the waters of said bay: thence run northwesterly along said waters to an intersection with a line bearing North 6, 18'15" E, passing through the pOint of beginning SUBJECT to and TOGETHER With the hereinabove mentioned roadway easement 60 feet wide Bearings are from assuming said North line of Section 17 as running East and West STATE OF FLA DOC STAMP TAX $999,00 STATE OF FLA DOC STAMP TAX $999 00 STATE OF FLA DOC STAMP TAX $999 00 STATE OF FLA DOC STAMP TAX S660 00 (stamp seals on originals) EXHIBIT "A" Page 5 NO. 3868 EXHIBIT ....p:", PAGE 1l. OF..1..Q. EXHIBIT A ,Page 7- DUANE HALL & ASSOCIATES Engineers and Surveyors 6800 So. Tamiami Trail Suite 2, Villas Plaza Telephone Fort Myers, Florida 33901 February 1, 1967 DESCRIPTION PARCELS 28 AND 28A iterTi I\lc 6D36 15.2008 PagE 98 of ~ 40 GULF TO BAY ESTATES SECTION 17, T.48S., R.25E. COLLIER COUNTY, FLORIDA. A parcel of land extending from the Gulf of Mexico to the waters of a bay In Section 17, Township 48 South, Range 25 East, Collier County, Florida, said parcel of land descr,bed as follows: From the northeast corner of said Section 17 run West along the North line of said Section 17 for 2672,80 feet (pass'ng through a concrete post marking the East quarter-quarter (1/41/4) corner at 1336.40 teet and a Collier monument at 1899,51 feet) to a concrete monument marking the quarter (1/4) corner; thence cont,nue West along sa,d North line of Section 17 for 776,71 feet (passing through a concrete post at 178 feet) to an intersection with the agreed upon boundary line recorded In Off,cial Record Book 68 at pages 235 to 250, inclusive, of the pUbl'c records of Collier County; thence continue West along said North line of Section 17 for 1408.70 feet (passing through concrete posts at 1007 57 teet and 135757 feet) to a point on the Westerly line of a roadway easement 60 feet wide known as Gulf Bay Drive; thence run southeasterly along said westerly line of a roadway easement 60 feet wide along the arc of a curve to the right of radius 22,888 33 feet for 2726.44 feet (chord bearing S,12'05'30" E,) to the point of beginning of the herein described lands, From said point of beginning continue southeasterly along said westerly line of said roadway easement along said arc of a curve to the right of rad,us 22,888,33 feet (chord bearing S 8'34'15" E) for 99 87 feet; thence run South 81'33'15" W, for 400 feet more or less to the waters of the Gulf of Mexico, passing through the point of beginning; thence run North 81"18'15" E along said line 400 feet more or less to the point of beginning, ALSO: Beginning at the hereinabove mentioned point of beginning, run southeasterly along said westerly line of a roadway easement 60 feet wide along said arc of a curve to the right of radius 22,88833 feet for 99 87 feet (chord bearing S, 8'34'15" E, thence run North 67'33'15" E for 375 feet, more or less, to the waters of said bay; thence run northwesterly along said waters to an rsection with a line bearing North 81~18'15" E passing through the point of beginning. JECT to and TOGETHER with the hereinabove mentioned roadway easement 60 feet wide Bearings are from assuming said North line of Section 17 as running East and West. STATE OF FLA DOC STAMP TAX $999,00 STATE OF FLA DOC STAMP TAX $999 00 STATE OF FLA DOC STAMP TAX $999,00 STATE OF FLA DOC STAMP TAX $66000 (stamp seals on originals) EXHIBIT "A" Page 5 NO. 3868 EXHIBIT ...1:", PAGE 1Z. OF.1.Q. EXHIBIT A ,Page 8- PARCELS 28 AND 28A GULF TO BAY ESTATES SECTION 17, T.48S., R.25E. COLLIER COUNTY, FLORIDA. A parcel of land extending from the Gulf of Mexico to the waters of a bay in Section 17, Township 48 South, Range 25 East, Collier County, FlOrida, said parcel of land described as follows: F"'-'Y! the northeast corner of said Section 17 run West along the North line of said Section 17 for 80 feet (passing through a concrete post marking the East quarter-quarter (1/41/4) corner at 1.......,0.40 feet and a Collier monument at 1899 51 feet) to a concrete monument marking the quarter ~1~1 of 140 (114) corner; thence continue West along sa,d North I,ne of Section 17 for 776,71 feet (pass,ng through a concrete post at 178 feet) to an intersection with the agreed upon boundary line recorded in Official Record Book 68 at pages 235 to 250, Inclusive, of the public records of Collier County, thence continue West along said North line of Section 17 for 140870 feet (passing through concrete posts at 1007 57 feet and 1357 57 feet) to a po,nt on the Westerly line of a roadway easement 60 feet wide known as Gulf Bay Drive; thence run southeasterly along said westerly line of a roadway easement 60 feet w,de along the arc of a curve to the right of radius 22,888 33 feet for 2726.44 feet (chord bearing S,12"05'30" E) to the point of beginning of the herein described lands From said pOint of beginning continue southeasterly along said westerly line of said roadway easement along said arc of a curve to the right of radiUS 22,85533 feet (chord bearing S,8"36'15" E) for 99 87 feet; thence run South 81"33'15" W for 400 feet more or less to the waters of the Gulf of Mexico; thence run northwesterly along said waters to an intersection with a line bearing South __ -------------passing through the point of beginning thence run North 31"18'15" E along said line 400 feet more or less to the point of beginning ALSO. Beginning at the hereinabove mentioned point of beginning run southeasterly along said westerly line of a roadway easement 60 feet wide along said arc of a curve to the right of radius 22,83333 feet for 99 87 feet (chord bearing S8"34'15" E for 375 feet, more or less, to the waters of said bay, thence run northwesterly along said waters to an intersection with a line bearing North 61'18'15" E, passing through the point of beginning SUBJECT to and TOGETHER With the hereinabove mentioned roadway easement 60 feet wide Bearings are from assuming said North line of Section 17 as running East and West EXHIBIT "A" NO. 3868 EXHIBIT -h... PAGE 1!!.OF..1.Q. EXHIBIT A -Page 9. DESCRIPTION PARCELS 25 AND 25A GULF TO BAY ESTATES SECTION 17, T.48S., R.25E. COLLIER COUNTY, FLORIDA. A parcel of land extending from the Gulf of Mexico to the waters of a bay in Section 17, Township 48 South, Range 25 East, Collier County, Florida, said parcel of land described as follows From the northeast corner of said Section 17 run West along the North line of said Section 17 for 2672,80 feet (passing through a concrete post mark,ng the East quarter-quarter (114114) corner at 1336.40 feet and a Collier monument at 1899.51 feet) to a concrete monument marking the quarter (1/4) corner. thence continue West along said North line of Section 17 for 776.71 feet (passing t.,CJ9ncia Item No. 16D36 ~ Jan;Jcry 15, 2008 Page 100 of 140 ugh a concrete post at 178 feet) to an intersection with the agreed upon boundary line recorded in Official Record Book 68 at pages 235 to 250, ,nclusive, of the public records of Collier County; thence continue West along said North line of Section 17 for 1408.70 feet (passing through concrete posts at 1007,57 feet and 135757 feet) to a point on the Westerly line of a roadway easement 60 feet wide known as Gulf Bay Drive: thence run southeasterly along said westerly line of a roadway easement 60 feet wide along the arc of a curve to the right of radius 22,888 33 feet for 2426,83 feet (chord bearing S12'29'OO" E,) to the pOint of beg'nning of the herein described lands, From said point of beginning continue southeasterly along said westerly line of said roadway easement along said arc of a curve to the right of radius 22,85533 feet (chord bearing S 9'19'15" E,) for 99,87 feet; thence run South 80'48'15" W, for 400 feet more or less to the waters of the Gulf of Mexico: thence run northwesterly along said waters to an intersection with a line bearing South 80'33'15" -W,-passing through the point of beg,nning, thence run North 80"33'15" E along said line 400 feet more or less to the point of beginning ALSO: Beginning at the hereinabove mentioned point of beginning run southeasterly along said westerly line of a roadway easement 60 feet wide along said arc of a curve to the right of radius 22,83333 feet for 99,87 feet (chord bearing S9"'19'15" E for 300 feet, more or less, to the waters of said bay; thence run northwesterly along said waters to an intersection with a line bearing North 80"33'15" E passing through the point of beg'nnlng; thence run sou1h 80'33'15" W, for 250 feet more or less to the po,nt of beginning, SJ.,IBJECT to and TOGETHER w,th the hereinabove mentioned roadway easement 60 feet Wide. Bearings are from assuming said North line of Section 17 as running East and West. NO. 3868 EXHIBIT --1!!.. PAGE ~OF.1.Q. EXHIBIT A -Page 10 PARCELS 25 AND 25A GULF TO BAY ESTATES SECTION 17, T.48S., R.25E. COLLIER COUNTY, FLORIDA. A parcel of land extending from the Gulf of Mex,co to the waters of a bay in Section 17, Township 48 South, Range 25 East, Collier County, FlOrida, sa'd parcel of land described as follows, From the northeast corner of said Sect,on 17 run West along the North line of said Section 17 for 267280 feet (passing through a concrete post marking the East quarter..quarter (1/4 1/4) corner at 1336.40 feet and a Collier monument at 1899 51 feet) to a concrete monument marking the quarter (1/4) corner; thence continue West along said North I,ne of Sect,on 17 for 776.71 feet (passing through a concrete post at 178 feet) to an intersection with the agreed upon boundary line recorded in Official Record Book 68 at pages 235 to 250, inclusive, of the publiC records of Collier County; thence continue West along said North I,ne of Section 17 for 1408 70 teet (pass,ng through concrete r-'s at 1007,57 feet and 135757 feet) to a point on the Westerly line of a roadway easement 60 wide known as Gulf Bay Drive; thence run southeasterly along said westerly line of a roadway :terr t'Jo, '16DJ6 JanU3'"V -; 5. 2J08 F'age ~C:l of 1'::.0 easement 60 feet wide along the arc of a curve to the right of radius 22,888.33 feet for 2426.83 feet (chord bearing S 12'5130" E) to the point of beg'nnlng of the herein described lands, From said point of beginning continue southeasterly along said westerly line of said roadway easement along sa,d arc of a curve to the right of rad,us 22,888 33 feet (chord bearing S, 10"11'45" E) for 99 87 feee thence run South 80"03'15' W, for 400 feet more or less to the waters of the Gulf of Mexico: thence run northwesterly along said waters to an intersection with a line bearing South 79 48'15" -W.-passing through the point of beginning: thence run North 79'''48'15'' E along said line 400 feet more or less to the point of beginning. ALSO: Beginning at the hereinabove mentioned point of beginning run southeasterly along said westerly line of a roadway easement 60 feet wide along said arc of a curve to the right of radius 22,88833 feet for 99 87 feet (chord bearing S 10"11'45" E ) thence run North 80"03'15" East for 200 feet, more or less to the waters of said bay thence run northwesterly along said waters to an intersection with a line bearing N. 79"48'15" E. passing through the point of beginning. SUBJECT to and TOGETHER with the hereinabove mentioned roadway easement 60 feet wide Bearings are from assuming said North line of Section 17 as running East and West Together with a non-exclusive permanent easement for ingress and egress over a strip of land 60 feet wide to be located as the same is more particularly described in Official Records Book 172, at pages 40 thru 44, Inclusive, Public Records of Collier County. Florida. Also together with a non-exc;lusive easement for roadway purposes over and across that certain road described as Gulf-la-Bay Drive as the same is more particularly described in the deed recorded In Official Record Book 231 at page 511, Public Records of Collier county, Florida, reserving, however, unto the Grantor its successors, nominees or assigns, the right to alter or change the location of said Gulf-to-Bay Drive easement over and across adjoining lands so long as the Grantee herein IS provided ingress and egress to the North line of Section 17, Township 48 South, Range 25 East, Collier County, Florida NO. 3868 EXHI BIT J;" PAGE 20_0F.1..Q. 11em ;\J(),H3D36 .ialluarv 5,2008 Page 102 of ~i 40 BAREFOOT BEACH PRESERVE LAND MANAGEMENT PLAN APPENDIX B LEGAL DESCRIPTION COMMENCE at the Northeast corner of Section 7, Township 48 South, Range 25 East, Collier County, Flor,da; thence Due South 2155,15 feet thence Due West 119,15 feet to the point of intersection of the agreed boundary line as described in G,R Book 68, Page 235 of the Public Records of Collier County, Flollda, and the North property I,ne as shown on a Survey by Coastal Engineellng Consultants, Inc" certif,ed by James S, Richmond, F L,S, 4118, and dated June 9,1987; thence along aforesaid agreed boundary line the following six (6) courses; South 59 00 00 East Due South South 22 30 00 East South 57 30 00 East South 03 00 00 East South 29 11 40 East 37308 feet; 529,71 feet, 944 72 feet; 1,397 00 feet, 961 30 feet. 300 00 feet, ,to the South lie of aforesaid Section 7, thence South 880 27' 55" West 1288,60 feet to the point on the approximate wetland jurisdictional line and the POINT OF BEGINNING of the parcel of land hereinafter described; thence along said appropriate wetland jurisdictional line North 34 23 36 West 127,71 feet; thence NORTH 163813 WEST 100,08 feet; thence from NORTH 22 02 05 WEST 10091 feet; thence NORTH 29 35 58 WEST 103,62 feet; thence NORTH 074246 WEST 104.40 feet thence NORTH 27 36 10 WEST 89,93 feet; thence NORTH 28 08 20 WEST 12,05 feet thence NORTH 26 08 26 WEST 10008 feet; thence NORTH 30 4319 WEST 100,08 feet thence NORTH 22 4314 WEST 100 50 feet, thence NORTH 232553 WEST 100,00 feet; thence NORTH 23 17 19 WEST 10040 feet, thence NORTH 022303 WEST 15,22 feet; thence NORTH 02 20 36 WEST 105,16 feet; thence NORTH 12 16 02 EAST 100,16 feet; thence NORTH 01 21 56 WEST 132 72 feet, thence NORTH 153, 58 EAST 29 31 feet; thence NORTH 21 41 40 WEST 55 56 feet; thence NORTH 08 37 04 WEST 48,28 feet; thence NORTH 61 3857 WEST 5411 feet; thence NORTH 28 16 37 WEST 54 02 feet; thence NORTH 33 33 23 WEST 43 53 feet; thence NORTH 26 50 17 WEST 58 22 feet; thence NORTH 294144 WEST 10023 feet; thence NORTH 341949 WEST 10001 feet; thence NORTH 304323 WEST 100,13 feet; thence NORTH 230628 WEST 38,35 feet; thence NORTH 175749 WEST 16,00 feet; thence NORTH 11 3735 WEST 63,39 feet; thence NORTH 04 1230 EAST 7,,54 feet, thence NORTH 69 30 30 WEST 58 14 feet; thence NORTH 03 04 09 EAST 10925 feet, thence NORTH 431450 WEST 83,19 feet, thence NORTH 46 37 33 EAST 59 62 feet; thence NORTH 64 5718 WEST 55 37 feet; thence NORTH 47 1443 WEST 67 08 feet; thence NORTH 02 30 45 EAST 31,74 feet, thence NORTH 00 11 36 EAST 138 06 feet, thence SOUTH 50 0144 EAST 20 62 feet; thence SOUTH 73 59 29 EAST 81 22 feet, thence SOUTH 63 32 00 EAST 3,,97 feet; thence SOUTH 07 5940 WEST 18 97 feet, thence SOUTH 065055 EAST 107 26 feet; thence SOUTH 32 32 22 EAST 103 35 feet, thence SOUTH 38 44 31 EAST 1,0,63 feet; thence SOUTH 001926 WEST 10188 feet; thence SOUTH 34 1527 EAST 107,68 feet, thence SOUTH 29 4316 EAST 100 25 feet. thence SOUTH 34 13 58 EAST ,80, feet; thence SOUTH 26 17 01 EAST 62 39 feet; thence SOUTH 25 52 57 EAST 100 72 feet; thence SOUTH 25 32 41 EAST 38 93 feet, thence SOUTH 2509 20 EAST 50,25 feet; thence SOUTH 35 03 14 EAST 5192 feet thence SOUTH 29 38 57 EAST 50,80 feet; thence SOUTH 24 01 08 EAST 100 32 feet thence SOUTH 102821 EAST 38.47 feet, thence SOUTH 145004 EAST 62,20 feet; thence SOUTH 00 52 37 EAST 84,58 feet; thence SOUTH 00 3214 EAST 100 50 feet, thence SOUTH 0001 50 WEST 100,40 feet thence SOUTH 015334 EAST 112,22 feet, thence SOUTH 160153 EAST 100 02 feet; thence SOUTH 33 44 23 EAST 10002 feet; thence SOUTH 26 08 22 EAST 65 77 feet; thence SOUTH 07 23 41 EAST 30 41 feet thence SOUTH 17 08 27 EAST 26,25 feet. thence NORTH 55 06 52 EAST 41,00 feet; thence NORTH 254743 WEST 25 32 feet; thence NORTH 11 0922 EAST 38 90 feet thence NORTH 162642 EAST 46,1, feet; thence NORTH 163227 WEST 38,13 feet; thence NORTH 120611 WEST 10846 feet; 11.-2rn r'JCi. ~ ,3;:)36 :c-'>_ ,_,'~ r ~ 'Jr)"'j "':~' ;.k., Y,:,,= .:...1, I,,: ~-'age 1u.5:); 141..1 (Continued Appendix B) thence NORTH 134248 WEST 104,12 feet, thence NORTH 65 24 4 3 EAST 1630 feet; thence NORTH 51 17 48 EAST 144 25 feet; thence NORTH 01 0615 WEST 100,60 feet; thence NORTH 41 0321 WEST 204 08 feet, thence NORTH 71 1912 WEST 100,62 feet, thence NORTH 22 27 28 WEST 3805 feet, thence NORTH 29 05 35 WEST 101 63 feet, thence NORTH 004001 WEST 52,31 feet; thence NORTH 215610 EAST 66 60 feet, thence NORTH 27 1324 EAST 72,36 feet; thence NORTH 73 00 07 WEST 104,22 feet, thence NORTH 40 07 56 WEST 100,54 feet, thence NORTH 18 15 18 WEST 64 03 feet; thence NORTH 74 3244 WEST 50,99 feet; thence NORTH 1850,5 EAST 16036 feet; thence NORTH 51 3853 WEST 79 04 feet, thence NORTH 20 4147 EAST 159,28 feet, thence NORTH71 1914 WEST 126,34 feet; thence NORTH 021022 WEST 3,65 feet; thence NORTH 16 1502 EAST 60,32 feet, thence NORTH 542815 WEST 1803 feet, thence NORTH 79 02 50 WEST 46.42 feet; thence NORTH 56 30 37 WEST 30 42 feet; thence NORTH 06 22 47 WEST 100,92 feet, thence NORTH 17 17 00 WEST 100,72 feet; thence NORTH 07 34 41 WEST 100,13 feet; thence NORTH 18,530 WEST 70 00 feet; thence NORTH 124640 EAST 10001 feet thence NORTH 142948 EAST 50 0, feet; thence NORTH 12 1725 WEST 53 46 feet; thence NORTH 19 1606 WEST 3936 feet; thence NORTH 05 05 03 WEST 31,62 feet thence SOUTH 682654 WEST 52.43 feet; thence SOUTH 21 1913 WEST 100,98 feet; thence SOUTH 37 06 01 WEST 54 63 feet; thence SOUTH 124640 WEST 100,01 feet, thence SOUTH 13 33-01 WEST 138.49 feet, thence SOUTH 04 08 02 WEST 10333 feet, thence SOUTH 04 08 01 WEST 86,30 feet; thence NORTH 62 37 59 WEST 12 8, feet, thence NORTH 515731 WEST 92 26 feet; thence NORTH 173127 WEST 53,92 feet, thence NORTH 010942 WEST 10,,61 feet thence NORTH 25 4016 WEST 10520 feet thence NORTH 165104 WEST 3131 feet to a po,nt on the aforesaid NORTH boundary line, thence SOUTH 810702 WEST 239 10 feet to an iron p,n set, thence SOUTH 8, 07 02 WEST 53,63 feet to the approximate Mean High Water Line (Elevation + 1.5) N C V D as IS existed on June 17,1987, thence along said Approximate Mean High Water Line; thence SOUTH 183521 EAST 61134 feet thence SOUTH 182359 EAST 500,12 feet; thence SOUTH 180804 EAST 499,95 feet, thence SOUTH 153349 EAST 500 32 feet, thence SOUTH 1656,6 EAST 500 04 feet; thence SOUTH 165616 EAST 500,04 feet, thence SOUTH 16 18 13 EAST 480 35 feet; thence leaving said Mean High Water Line X 88" 27' 55" E 71.38 feet to an Iron pin set" thence NORTH 88' 27' 35" EAST 41500 feet to the POINT OF BEGINNING, Containing 33.43 Acres :!:: AccompanYing exhibit and map is recorded in Reference Book Page___ ,.L,ge'ijs 1181T f'w, I CiD36 ,jam.:a:-y '15. 2008 ?age 104 of 140 BAREFOOT BEACH PRESERVE LAND MANAGEMENT PLAN APPENDIX C USE/ACCESS AGREEMENT THIS AGREEMENT 's made th,s 10'h day of November, 1987, by and between LELY DEVELOPMENT CORPORATION, hennafter referred to as 'Seller" and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, hereinafter referred to as "Board", and sets, forth the terms and conditions for the use and development of a portion of Lely Barefoot Beach, hereinafter referred to as "Property", described in Exhibit "An and shown 0 Exhibit "8", both exhibits attached hereto and made a part hereof. WHEREAS, Seller and the Board entered ,nto an Agreement dated June 23", 1987, wherein Seller grated to the Board the exclusive option to purchase certain real property more particularly described in said Agreement (hereinafter referred to as "the Option Agreement"), and WHEREAS, Section 5 of the Option Agreement provides that at closing Seller and Board will enter into a Use/Access Agreement which Incorporates those conditions set forth In Section 5 of the Option Agreement: and Whereas, the Board has exercised its option pursuant to the terms of the Option pursuant to the terms of the Option Agreement. In cons,deratlon of the payment of TEN ($10,00) Dollars by Board to Seller, receipt of which is hereby acknowledged, and in further consideration of the mutual covenants set forth below and other good and valuable consideration, the parties agree as follows' 1. The Property shall only be used for public beach and recreational purposes and all uses reasonably related thereto. Residential uses and structures shall be limited to those directly associated with the beach and recreational purposes (e g caretaker residence, researcher housing, recreation/related housing). 2 Seller guarantees to Board permanent, unrestricted Legal access 0 Property, including the right to use any road now or hereafter constructed within said easement. 15,20C)8 (;5 of 1JO 3, All access C1ghts granted to the Board shall benef,t the general public and shall not be restricted in any way. The Board may transfer such access rights to any other transferees, successors or assigns of the Board as the Board deems appropriate. 4 Seller shall complete construction of a paved road in accordance with Collier County construction standards for the full length of the easement granted to the Board, as described in Exhibit "C" by June 4tr" 1989. The southern terminus of the road shall be the northern boundary line of Property and Located within the easement. Seller is relieved of its obligation to construct a road on Property, as set forth in Section 162 (c) of Ord,nance No 85-21, and any obl'gation In thiS respect will be the obligation of the Board, 5 Seller does not object to Board tying Into the ample supply of wate~, and into the sewage disposal, electrical and telephone lines serving Seller's facilities being Lely Barefoot Beach, Un,t I, as shown in Plat Book 12, Pages 34 thru 37 and agrees to reasonably size its lines to accommodate reasonable Board connections at some future date. Seller also grants Board the right to Lay utility Lines along the road shoulders Within the easement. All utilities must be underground and any damage caused as a result of installation of the Board utility facilities shall be the responsibility of the Board, its agents or subcontractors. 6. Board agrees to Limit use of Property and road by the general public In accordance with regular County operating procedures for parks and recreational faci liti e s 7 Board agrees to limit the total number of parking spaces to be constructed for the general public on Property consistent with current County construction and design codes and standards. 8 Board agrees that standard operating procedure of recreational activities occurring on Property will include limiting the number of vehicles accessing the Property to the number of actual parking spaces located on the Property, If park,ng becomes full at any time, access to Property will temporarily be closed at the intersection of Bonita Beach Road at the entrance to Lely Barefoot Beach subdiVision until such time as parking spaces become available Upon request of the Park ;:',~sn,j8 ITem I~o_ 16D3'3 ~ January 15, 2003 ?age 106 of 140 Superintendent or representative, Seller, or its assigns, shall have the right to stop access to Property when parking Lot IS full. 9. Seller shall, upon Board's request, construct a sign at Seller's expense near Bonita Beach Road to identify the entrance to Property A s'gn des'gn shall be submitted to Board for approval prior to construction of said sign Board agrees that the entrance sign to the park shall be of the same size and design specifications as required of other signs located at the entrance to Lely Barefoot Beach Subdivision and consistent with the specifications established for other park entrance signs. 10, In the event that the State of Florida or any of Its agencies or departments purchase or participate in the purchase of the Property and fee title to the Property is thereafter conveyed to the State of Florida or any of its agencies or departments, the use provisions set forth in paragraphs 6,7 and 9 shall become null, void and unenforceable against the Board in the event that the State of Florida refuses to agree to such conditions(s) or refuses to allow Board to adhere to such condition(s) as a reqUIrement of the State's purchase or the Board agrees, however, that paragraph 4 shall at all limes be enforceable by Seller and hereby confirms that Seller shall be released from its PUD obligation to construct a roadway through the Property purchased by Board regardless of the subsequent purchase or participation by the State of Florida, Its agencies or departments. . JS Il~;:Ti ~'JO. -j '.3DJ6 5 2003 J701:-10 IN WITNESS WHEREOF, the above parlies have hereunto set their hands and seals this ~ day of November, 1987 ATTENSTING JAMES C GOLES, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA (See oriqinal for siqnatureSl By' (see oriainal for siqnature MAX A HASSEE, JR, Chairman LELY DEVELOOPMENT CORPORATION (SEALS ON ORIGINAL DOCS) By. (see oriainal for sianature) RICHARD L KLAAS, President Approved as to form and legal sufficiency: Kenneth B, Cuylar County Attorney STATE OF FLORiDA) ) COUNTY OF COLLIER I HEREBY CERTIFY that on thiS day, before me, an officer duly authorized In the State and County last aforesaid to take acknowledgments personally appeared RICHARD L, KLAAS, well known to me to be the President of LELY DEVELOPMENT CORPORATION, named as Seller ,n the foregoing Instrument, and he acknowledged before me that he executed the same on behalf of the said corporation for the purposes therein stated. WITNESS my hand and official seal ,n the County and State last aforesaid thiS IO'h day of November, 1987 Notary PubliC My Commission Expires. /'-O::;il::;a Hem No. i6D36 ~ ~;anuary' -: 5,2008 Page 1()8 of ~!40 AGREEMENT THIS AGREEMENT entered into this ~day of AUQust, 1978, between the STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES, hereinafter referred to as "'DNR", and lElY ESTATES, INC, here,nafter referred to the "Corporation", WITNESSETH: WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund and lely Estates, Inc., entered into an Agreement on this ~day of AUQust, 1978, which Agreement concerns the exchange of permanent easement rights; and WHEREAS, lely Estates, Inc, desires to grant the State of Florida Department of Natural Resources certain assurances and rights in connection with the permanent easement granted the Board of Trustees of the Internal Improvement Trust Fund and the road to be constructed by Lely Estates, Inc. thereon. 1. The road to be constructed by the Corporation is planned for a minimum width of 26 feet. 2. The Corporation does not object to DNR tying into water, sewage disposal, electrical and telephone lines servicing Corporatipn facilities and agrees to size its lines to accommodate reasonable DNR connections at some future date. The Corporation agrees there will be no separate charge for the connections beyond the actual reasonable expenses to the Corporation. DNR agrees to supply the Corporation with information regarding connection needs within 21 days following the Corporation's request for such information. 3, The Corporation hereby grants to DNR the right to lay utility lines along the road shoulders on the easement. 4. The Corporation hereby grants to DNR the right to construct a sign on the easement near Bonita Beach Road to identify to route to state property. 5 A gate may be installed to limit use of the road to necessary state business, as determined by DNR, until the state property is opened. Once the property is opened, the gate may be kept closed to the general publiC only after state property vis'ting hours pursuant to a schedule developed by DNR, which schedule may be altered from lime to time by DNR, IN WITNESS WHERDOF the parties have hereunto set their hands and seals the day and year above written WITNESSES: STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES (FIND SIGNATURE ON ORIGINAL) BY (FIND SIGNATURE ON ORIGINAL) Harmon W, Shields Executive Director (FIND SIGNATURE ON ORIGINAL) ATTEST (FIND SIGNATURE ON ORIGINAL) Mary C. Tomlinson Executive Secretary lElY ESTATES, INC, BY (FIND SIGNATURE ON ORIGINAL) (SEAL ON ORIGINAL) ilsrrl :0c: '; '3C~~i6 .;"mUCI;\t ",5_ 2D08 ;:.3Je ~ (1~,; ()f "; 40 AGREEMENT THIS AGREEMENT enlered Into this Lday of AUDUSt 1978, between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ('STATE") and LESY ESTATES INC ('CORPORATION") RECITALS 1. The STATE is the owner of real property described in that certain deed recorded ,n Official Records Book 726, pages 260-266, Public Records of Collier County, Florida (the "State Property') 2. The State Property is benefited by a permanent easement along a corridor running North to the Bonita Beach Road pursuant to that certain instrument recorded in Official Records Book 172, pages 48.50 PubliC Records of Collier County, Florida (the "Existing Easement"). 3 The CORPORATION IS the owner of the property lying North of the State Property upon which the Existing Easement is located 4. It is the intention of this Agreement that the STATE will exchange any right it has to the following portion of the EXisting Easement. All the easement corridor between the South R.O W. line of Bonita Beach Road (C.865) and a line hav,ng a bearing of N 70'21'30" E and passing through a pOint located S 13'46'56" E 3,84814 feet from the North Y. corner of Section 6, Townsh,p 48 South, Range 25 East all In Collier County, Florid a for the right to a permanent easement for ingress and egress over a 60 foot easement corridor, which corridor extends from the South right-of-way line of Bonita Beach Road to the point described above and is more fully described In Exhibit "A" attached hereto, which easement shall specifically include the right to use any road now or hereafter constructed Within such COrridor The STATE shall have no respons'bility to pay for the cost of any road or other improvements over the property described in Exhibit "A" and IS specifically released from any responsibility it may have had under the terms of the Existing Easement with respect to lands lying North of the point described above J<l":'[iCa i:em ~0o, 113036 ~ January 5.2008 Page 1 'i:J of 140 NOW, THEREFORE, for mutual covenants and valuable consideration, the part,es agree as follows I, The STATE hereby qUlt-cla'ms and releases any right, title and interest it has to that portion of the Existing Easement described in paragraph 4 of the Recitals above. 2, The CORPORATION hereby grants the STATE a permanent easement for ingress and egress over the 60 foot easement corridor described on Exhibit "An hereto, including speCifically the right to use any road now or hereafter constructed within such corridor. 3, The STATE retains all of ,ts right, title and Interest in that port,on of the Existing Easement lYing South of the Point described in paragraph 4 of the Recitals, 4, All rights granted by th,s Agreement to the STATE shall benefit any transferees. successors or assignees of the STATE and shall not be restricted in any way. 5, The CORPORATION shall complete construction of a paved road pursuant to Collier County construction standards the full length of the easement granted the STATE herein, as deSCribed in Exhibit 'A' Within three years of the date of thiS Agreement. Wlth,n 30 days of s'gn,ng this Agreement the CORPORATION shall prov,de a surety bond or other assurance of performance reasonably acceptable to the STATE to guarantee completion of the road pursuant to Collier County standards within the specified period. 6 The STATE shall continue to enJoy the use of the EXisting Easement for Ingress and egress until the road referred to herein is completed. 7, The STATE has the right to 'mprove and maintain the road to be provided by the CORPORATION should the STATE so choose, but has no obligation, whatsoever, to do so, 8, The CORPORATION shall construct the road so that its southernmost terminus IS within the corridor deSCribed in the Existing Easement. S19' 38' 30"E - 298,26 feet. IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year above written. ,IS:;'1 i,.:;). ',8D3';:; 15. 2J03 :)a~c 11 c:rf ,4U WITNESSES: (SIGNATURE ON ORIGINAL BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SIGNATURE ON ORIGINAL BY Approved As to Form and Legality Plercelsiqnature on oriqinali ATTORNEY -D,N,R Harmon W Shields Isianature on oriainal) Executive Director, Department of Natural Resources, Agent for the Board of Trustees of the Internal Improvement Trust Fund, authorized to execute this instrument for and on its behalf pursuant to Section 253431, Florida Statutes, and revolutions recorded in its minutes of July 1,1975 and November 4 1975, (SIGNATURE ON ORIGINAL (SIGNATURE ON ORIGINAL STATE OF FLORIDA LELY ESTATES, INC By (SIGNATURE ON ORIGINAL SS: COUNTY OF LEON ) The foregoing instrument was acknowledged before me this Cday of Auaust, 1978 by Harmon W. Shields, Executive Director, Department of Natural Resources, as agent for the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, on behalf of the Board (SIGNATURE ON ORIGINAL NOTARY PUBLIC My Commission Expires' (STAMP ON ORIGINAL) STATE OF FLCRIDA ) ) SS COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ~ day of Auaust, 1978 by (SIGNATURE ON ORIGINAL, as Executive Vice Pres,dent of Lely Estates, Inc, a Texas corporation on behalf of the corporation. (SIGNATURE ON ORIGINAL NOTARY PUBLIC My Commission Expires (STAMP ON ORIGINAL) lk:nl rJc. 16D36 January 15. 20U3 ;:'ags i 12 of qO EXHIBIT A BAREFOOT BEACH Proposed Revised Legal Description lor the 60 It. easement (phase 1 onlv) 2/7/76 Ingress and egress easement over a strip of land 60 ft. wide, the center line of said easement described as follows Commencing at the northeast corner of Sec. 6, Twp. 485, Rg. 25E, thence run N89' 49' 01"W along the north line of said sec, 6 for 2360 64 feet. thence SOO' 10' 59"W " 50,00 feet to the south R Q,W, line of Bonita Beach Road (C-865) for the Point of Beginning, thence SOO" 10' 59"W " 118,71 feet, thence 157 66 feet along the arc of a curve haVing a radius of 376 72 feet, central angel of 23' 56' 42", chord beaflng S12" 10' 20"W, thence S24" 09' 41"W" 234,11 feet thence 356,34 feet along the arc of a curve having a radius of 787 69 feet, central angle of 25' 55' 12", chord beaflng S1,' 12' 05"W, thence SOl' 45' 31"E " 256,24 feet, thence 308 09 feet along the arc of a curve having a radius of 397 95 feet, central angle of 44' 21' 27", chord beaflng S23' 56' 15"E, thence S46" 06' 57"E " 58,87 feet, thence 91.37 feet along the arc of a curve having a radius of 135.36 feet. central angle of 38' 40' 28", chord beaflng S26' 46' 44"E, thence S07' 26' 30"E 21298 feet, thence 501' 45' 3,"E. 256,24 feet, thence 308 09 feet along the arc of a curve having a rad,us at 397 95 feet, central angle of 44' 21' 27", chord bearing S23" 56' 15"E, thence S46' 06' 57"E . 58,87 feet, thence 9,,37 feet along the arc of a curve having a radius of 135.36 feet, central angle of 380 40' 28". chord bearing S26' 46' 44"E, thence S07" 26' 30"E" 21298 feet, thence SOP 45' 31"E - 256,24 feet, thence 308,09 feet along the arc of a curve hav,ng a radius of 397,95 feet, central angle of 44" 21' 27", chord bearing S23' 56' 15"E, thence S46" 06' 57"E 58,87 feet, thence 91 37 feet along the arc of a curve haVing a rad,us of 135,36 feet, central angle of 38" 40' 28", chord bear'ng S26' 46' 44"E, iien: iJo_ i 6036 -: 5. 2008 Pa28 1]8fldC! thence 307' 26' 30"E - 212 98 feet, thence 92 09 feet along the arc of a curve having a radius of 29500 feet, central angle of 17" 53' 12", chord bearing 316" 23' 06"E, thence 23191 feet along the arc of a curve having a radius of 3413,50 feet, central angle of 03" 53' 33", chord bearing 323" 22' 56"E, thence 32F 26' 09"E _ 67471 feet, thence 89,87 feet along the arc of a curve having a rad,us of 929,55 feet, central angle of 05" 32' 22" chord bearing 3,8" 39' 58"E, thence 89,23 feet along the arc of a curve having a radius of 20000 feet, central angle of 25c 33' 46", chord bearing 328" 40' 40"E, thence 341" 27' 33"E - 15080 feet, thence 131,22 feet along the arc of a curve having a rad,us of 20000 feet central angle of 37" 35' 26", chord bearing 32r 39' 49' E, thence 303" 52' 05"E - 292 37 feet thence 55 06 reet along thearc of a curve having a radius of 20000 feet, central angle of 15" 46' 25", chord bearing 3,1" 45' 17"E thence 319" 38' 3D'"e - 298 26 feet I:am t~o. 16D36 January -: 5. 2003 ~age 114 of i4J AMENDMENT TO AGREEMENT (SEALS ON ORIGINAL) THIS AGREEMENT entered into this 23'd day of October, 1978, between the BOARD OF TRUSTEES OF THE NTERNAL 'MPROVMENT TRUST FUND OF TH STATE OF FLORIDA ("STATE") and LELY ESTATES, inc. ("corporation"). RECITALS 1. Whereas, it is the desire of both parties to correct the description set forth in Exhibit 'A' and to clarify paragraph six (6) of that certain Agreement entered into on August 1, 1978, and recorded in Official Records Book 765, pages 1862-1866, Public Records of Collier County, Florida, and 2. Whereas, this Amendment does not contemplate any substantive changes in the rights of the parties, NOW THEREFORE, for mutual covenants and valuable consideration, the parties agree as follows. 1. Exhibit 'A' as recorded is hereby stricken and amended Exhibit 'A' as attached hereto is hereby substituted 2, Paragraph six (6) ,s hereby stricken and any rights accru,ng to the State thereunder are released. and in its place the following language is hereby substituted "The STATE shall have the right to use that certain easement described in Exhibit 'A' attached to this Amendment commencing August 1,1978,' IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year above written WITNESSES BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SIGNATURE ON ORIGINAL Approved As to Form and Legal'ty Pierce(siqnature on oriqinal) ATTORNEY -D N R By: Harmon W, Shields Executive Director, Department of Natural Resources, Agent for the Board of Trustees of the Internal Improvement Trust Fund, authorized to execute this instrument for and on its behalf pursuant to Section 253.431 Florida Statutes, and revolutions recorded in its minutes of July 1, 1975 and November 4,1975, SIGNATURE ON ORIGINAL (SIGNATURE ON ORIGINAL (SIGNATURE ON ORIGINAL LELY ESTATES, INC, By: (SIGNATURE ON ORIGINAL il;:;i'l: 1-;0. 'I i3G3S 15,20GS F'c'ge ~! of i.iO STATE OF FLORIDA COUNTY OF LEON (STAMP ON ORIGINAL) The foregoing instrument with acknowledged before me this 19ln day of October, 1978, by Harmon W, Shields (sianature on oriainall, Executive Director. Department of Natural Resources, as agent for the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, on behalf of the Board (SEAL ON ORIGINAL) STATE OF FLORIDA COUNTY OF COLLIER SIGNATURE ON ORIGINAL Notary Public My Commission expires. The foregoing Instrument was acknowledged before me this dav(date on orioinall, 1978, by SIGNATURE ON ORIGINAL, as Executive Vice President of Lely Estates, Inc a Texas corporation, on behalf of the corporation SIGNATURE ON ORIGINAL Notary Public My Commission expires (SEAL ON ORININAL) EXHIBIT A item \"'0. 16D36 Januarv 15. 2003 Page i 16 of ~!~LCl BAREFOOT BEACH Proposed Revised Legal Description for the 60 ft. easement (phase 1 onlvl 2/7/76 Ingress and egress easement over a strip of land 60 ft. wide, the center line of said easement described as follows: Commencing at the northeast corner of Sec. 6, Twp. 485, Rg. 25E, thence run N89" 49' 01"W along the north line of said sec 6 for 2360,64 feet, thence SOO" 10' 59"W - 50,00 feet to the south ROW, I,ne of Bonita Beach Road (C-865) for the Point of Beginning, thence SOO" 10' 59"W - 1187, feet, thence 157,66 feet along the arc of a curve having a radius of 376 72 feet. central angel of 230 56' 42", chord bearing S12" 10' 20"W, thence S240 09' 41"W - 234,11 feet, thence 356,34 feet along the arc of a curve having a radius of 787 69 feet, central angle of 25" 55' 12", chord bearing S,P 12' 05"W, thence S01" 45' 31'E - 25624 feet, thence 30809 feet along the arc of a curve having a radius of 397 95 feet, central angle of 44" 21' 27", chord bearing S23" 56' 15"E, thence S46" 06' 57"E . 58,87 feet, thence 9137 feet aiong the arc of a curve having a radiUS of 135,36 feet, central angle of 38" 40' 28", chord bearing S26" 46' 44"E, thence S07" 26' 30"E 21298 feet, thence S01" 45' 31"E - 256,24 feet, thence 308,09 feet along the arc of a curve having a rad,us of 397,95 feet central angle of 44" 21' 27", chord bearing S23" 56' 15"E, thence S46" 06' 57"E - 58,87 feet, thence 91,37 feet along the arc of a curve having a radius of 135 36 feet, central angle of 38" 40' 28", chord bearing 826" 46' 44"E, thence S07" 26' 30'E - 2,2 98 feet, thence 92 09 feet along the arc of a curve hav,ng a radiUS of 295,00 feet, central angle of 17" 53' 12' chord bearing 816023' 06"E, thence 23191 feet along the arc of a curve having a radius of 341350 feet, central angle of 03" 53' 33", chord bearing S23" 22' 56"E, thence S21" 26' 09"E - 674.71 feet, thence 89 87 feet along the arc of a curve having a radius of 929,55 feet, central angle of 05" 32' 22", chord bearing S18" 39' 58"E, __, :ts:ri i~c.!_ 16[, 6 c;c;:--;:...:ar} : 5_ 2D 3 '! 7' of 1 0 thence 89 23 feet along tne arc of a curve having a radius of 200 00 feet, central angle of 25' 33' 46", chord bearing 828" 40' 40"E, thence 841" 27' 33'E . 150 80 feet, thence 131 22 feet along the arc of a curve having a radius of 200,00 feet. central angle of 37" 35' 28" chord bearing 822' 39' 49 E, thence 803' 52' 05"E 29237 feet thence 55 06 feet along the arc of a curve having a radius of 20000 feet, central angle of 15" 46' 25", chord bearing 811" 45' 17"E, thence 819' 38' 30'E .. 298,26 feet BAREFOOT BEACH PRESERVE LAND MANAGEMENT PLAN APPENDIX D MANAGEMENT PROCEDURES FOR ARCHAEOLOGICAL AND HISTORICAL SITES AND PROPERTIES ON STATE - OWNEO OR CONTROLLEO LANDS ,~,q::;r!da iteln hio, '16D36 - January 15. 2008 ?age 1 ~8 of '140 (revised April, 1998) A, GENERAL DISCUSSION Archaeological and historic sites, which are defined collectively in 267,021 (3). F.S, as "historic properties" or "historic resources", have several essential characteristics which must be recognized in a management program. First of all. they are a finite and non-renewable resource. Once destroyed, presently existing resources, including buildings. other structures, shipwreck remains, archaeological sites and other objects of 'antiquity, cannot be renewed or revived, Today, sites in the State of Florida are being destroyed by all kinds of land development, looting by "treasure hunters," erosion and to a minor extent even by well-intentioned professional scientific research (e.g" archaeological excavation), Measures must be taken to ensure that some of these resources will be preserved for future sturdy and appreciation, Secondly, sites are unique because individually they represent the tangible remains of events which occurred at a specific time and place. Thirdly, while sites uniquely reflect localized events, these events and the origin of particular sites are related to conditions and events in other times and places, Sites can be understood properly only in relation to their natural surroundings and the activities of inhabitants of other sites, Managers must be aware of this "systemic" character of historic and archaeological sites Also. it should be recognized that archaeological sites are time capsules for more than cultural history; they preserve traces of past biotic communities, climate, and other elements of environment that may be of interest to other scientific disciplines, Finally, the significance of s,tes, particularly archaeological ones, are very fragile because their significance derives not only from the individual artifacts within them, but equally from the spatial arrangement of those artifacts in both horizontal and vertical planes. When archaeologists excavate. they recover, not merely objects, but also a record of the positions of these objects in relation to one another and their containing matrix (e.g, soil strata), Much ,nformation IS sacrificed if the so-called "context" of archaeological objects is destroyed or not recovered, and this is what archaeologists are most concerned about when a site is threatened with destruction or damage; the artifacts themselves can be recovered even after a site is heavily disturbed, but the context - the vertical and horizontal relationships - cannot. Historic structures also contain a wealth of cultural (socio-economic) data which can be lost if historically sensitive maintenance. restoration or rehabilitation procedures are not implemented. or if they are demolished or extensively altered without appropriate documentation. Lastly, it should not be forgotten that h,storic structures often have associated potentially significant historic archaeological features which must be considered in land management decisions. B.STATUTORY AUTHORITY Chapter 253, Florida Statutes ("State Lands") directs the preparation of "single-use" or "multiple-use" land management plans for all state-owned "~i-:}' ~~3 : l0;7r; hi,_ , I '3D3'3 ,Ja:luaiy '; 5. 20G8 i ':9 or 1!:Q lands and state-owned sovereignty submerged lands, In this document, 253,034 (4), F,S, speCifically requires that "all management plans, whether for single-use or multiple-use properties, shall specifically describe how the managing agency plans to identify, locate, protect and preserve, or otherwise use fragile non-renewable resources, such as archaeological and historic sites, as well as other fragile resources, Chapter 267, Florida Statutes is the primary historic preservation authority of the state. Responsibilities of the Division of Historical Resources in the Department of State pursuant to 267,061 (3), F,S,. include the following 1, Cooperate with federal and state agencies, local governments, and private organizations and indiv,duals to direct and conduct a comprehensive statewide survey of historic resources and to maintain an inventory of such responses. 2. Develop a comprehens,ve statewide historic preservat,on plan, 3, Identify and nominate eligible properties to the National Reoister of H'storlc Places and otherwise administer applications for listing properties in the National Register 4, Cooperate with federal and state agencies, local governments, and organizations and individuals to ensure that historic resources are taken ,nto consideration at all levels of planning and development, 5, Advise and ass,st, as appropriate, federal and state agencies and local governments in carrying out their historic preservation responsibilities and programs 6, Carry out on behalf of the state the programs of the National historic Preservat,on Act of 1966, as amended, and to establish, maintain, and administer a state historic preservation program meeting the requirements of an approved program and fulfilling the responsibilities of state historic preservation programs as provided in subsection 101 (b) of that act. 7, Take such other act,ons necessary or appropriate to locate acquire, protect, preserve, operate, interpret, and promote the location, acquisition, protection, preservation, operation, and interpretation of historic resources to foster an appreciation of Florida history and culture, Prior to acquisition, preservation, interpretation, or operation of a historic property by a state agency, the Division shall be provided a reasonable opportunity to review and comment on the proposed undertaking and shall determine that there exists historic authent,c,ty and a feasible means of providing for the preservation, interpretation and operation of such property, 8, Establish profess,onal standards for the preservation, exclusive of acquisition, of historic resources in state ownership or control, 9, Establish guidelines for state agency responsibilities under subsection (2), ;C,J~'nGa item No. 16036 ~ .Januarv 15, 2008 Page 120 Df 140 Responsibilities of other state agencies of the executive branches, pursuant to 276.061(2), FS, include 1, Each state agency of the executive branch having direct or indirect jurisdiction over a proposed state or state-assisted undertaking shall, in accordance with state policy and prior to the approval of expenditure of any state funds on the undertaking, consider the effect of the undertaking on any historic property that is included in, or eligible for inclusion in, the National Reoister of Historic Places, Each such agency shall afford the Division a reasonable opportunity to comment with regard to such an undertaking, 2, Each state agency of the executive branch shall initiate measures in consultation with the Division to assure that where. as a result of state action or assistance carried out by such agency, a historic property is to be demolished or substantially altered in a way which adversely affects the character, form, integrity or other qualities which contribute to the historical, architectural, or archaeological value of the property, timely steps are taken to determine that no feasible and prudent alternative to the proposed demolition or alteration exists, and~here no such alternative is determined to exist, to assure the timely steps are taken either to avoid or mitigate the adverse effects, or to undertake an appropriate archaeological salvage excavation or other recovery action to document the property sit existed prior to demolition or alteration. 3, In consultation with the division of Historical Resources, each state agency of the executive branch shall establish a program to locate, inventory, and evaluate all historic properties under the agency's ownership or control that appear to qualify for the National Register. Each such agency shall exercise caution to assure that any such historic property is not inadvertently transferred, sold, demolished, substantially altered, or allowed to deteriorate significantly, 4, Each state agency of the executive branch shall assume responsibility for the preservation of historic resources which are owned or controlled by such agency, Prior to acquiring, constructing, or leasing buildings for the purpose of carrying out agency responsibilit,es, the agency shall use, tot he maximum extent feasible, historic properties available to th4 agency, Each agency shall undertake, consistent with preservation of such properties. the mission of the agency, and professional standards established pursuant to paragraph (3)(k), any preservation actions necessary to carry out the intent of this paragraph, 5, Consistent with the agency's mission and authority, all state agencies of the executive branch shall carry out agency programs and projects. including those under which any state assistance is provided, in a manner which is generally sensitive to the preservation of historic properties and give consideration to programs and projects which will further the purposes of this section, Section 267.12 authorizes the DiVision to establish procedures for the granting of research permits for archaeological and historic site surveyor excavation on state-owned or controlled lands. while Section 367,13 establishes penalties for the conduct of such work without first obtaining wr'tten permission from the Division of Historical Resources, The Rules of the Department of State, Division of Historical Resources, for research permits for archaeological sites of significance are contained in Chapter 1A-32, F.A,C, :"3[; 6 I::; 20 :I ~i:::" 1 of ~ c: C. MANAGEMENT POLICY The choice of a management policy for archaeological and historic sites within state-owned or controlled lands obviously depends upon a detailed evaluation of the characteristics and conditions of the individual sites and groups of sites within those tracts, This included an interpretation of the significance (or potential significance) of these sites. in terms of social and political factors, as well as environmental factors. Furthermore, for historic structures architectural significance must be considered, Sites on privately owned lands are especially vulnerable to destruction, since often times the economic incentives for preservation are low compared to other uses of the land areas involved, Hence. sites in public ownership have a magnified importance, s'nce they are the ones with the best chance of survival over the long run This IS particularly true of sites which are state-owned or controlled, where the basis of management is to provide for land uses that are minimally destruct,ve of resources values, It should be noted that while many archaeological and historical sites are already recorded within state-owned or controlled-lands, the majority of the uplands areas and nearly all of the ,nundated areas have not been surveyed to locate and assess the significance of such resources, The known sites are, thus, only an incomplete sample of the actual resources i,e" the number, density, distribut,on, age, character and condition of archaeological and historic s,tes - on these tracts, Unfortunately, the lack of specif,c knowledge of the actual resources prevents formulation of any sort of deta,led management or use plan involving decisions about the relative historic value of indiv,dual sites, For th,s reason, a generalized policy of conservation is recommended until the resources have been better addressed, The generalized management policy recommended by the Division of Historical Resources includes the following 1, State land managers shall coord,nate all planned activities involv,ng known archaeolog,cal or h,storic sites or potential s,te areas closely with the Divis,on of Historical Resources in order to prevent any kind of d,sturbance to s'gn,ficant archaeological or historic sites that may exist on the tract. Under 267 061(1)(b), F,S, the Division of Historical Resources is vested with t,tle to archaeological and h,storlc resources abandoned on state lands and is responsible for administration and protection of such resources Furthermore, provisions of 267,061 (2) and 267,13, F,S, combined With those in 267,061(3) and 253 034(4), F,S, require that other managing (or perm'tting) agencies coordinate their plans with the Division of Historical Resources at a sufficiently early stage to preclude inadvertent damage or destruction to known or potentially occurring. presently unknown archaeological and historic sites, 2 Since the actual resources are so poorly known, the potential impact of the managing agency's activities on histor,c archaeological sites may not be immediately apparent. Special field survey for such s,tes may be required to Identify the potential endangerment as a result of particular management or permitting activities. The DiVision will perform surveys, as its resources permit, to aid the Iterr: fvD. 'j 6036 JanGarv i 5,2008 122::if ~i4.0 planning of together state agencies in their management activities, but may upon occasion require funding support, This would be especially necessary in the cases of activities contemplating ground disturbance over large areas, and unexpected occurrence in view of state-owned or controlled lands. It should be noted, however, that in most instances Division staff's knowledge of known and expected site distribution is such that actual field surveys may not be necessary, and the project may be reviewed by submitting a project location may (preferably a 7,5 minute U,S,G,S, Quadrangle map or portion thereof) and project descriptive data, To avoid delays. Division staff should be contacted to discuss specific project documentation review needs, 3. In the case of known significant sites, which may be affected by proposed project activities, the managing agency will generally be expected to alter proposed management or development plans. as necessary, or else make special provisions to minimize or mitigate damag~ to such sites, 4 If in the course of management activities, or as a result of development or the permitting of dredge activities, it is determined that valuable historic or archaeological sites will be damaged or destroyed, the Division reserves the right, pursuant to 267,Q61(1)(b). F,S" to require salvage measures to mitigate the destructive impact of such activities to such sites. Such salvage measures would be accomplished before the Division would grant permission for destruction of the effected site areas: and, the funding needed to implement salvage measures would be the responsibility of the managing agency planning the site destructive activity. 5, For the near future. excavation of non-endangered (i,e" sites not being lost to erosion or development) archaeological sites is discouraged, There are many endangered sites in Florida (on both private and public lands) in need of excavation because of the threat of development or other factors. Those within state-owned or controlled lands should be left undisturbed for the present - with particular attention devoted to preventing site looting by "treasure hunters", On the other hand, the archaeological and historic survey of these tracts is encouraged in order to build an inventory of the resources present, and to assess their scientific research potential and historic or architectural significance, 6, The cooperation of land managers in reporting sites to the Division that their field personnel may discover is encouraged, The Division will help inform field personnel from other resource managing agencies about the characteristics and appearance of sites, Upon request the Division will also provide to other agencies archaeological and historical summaries of the known and potent,ally occurring resources so that information may be incorporated into management plans and public awareness programs (See Management Implementation). 7, Any discovery of instances of looting or unauthorized destruction of sites must be reported to the agent for the Board of Trustees of the Internal Improvement Trust Fund and the Div,sion so that I:~m r\Jo " GDJ6 Jan~iaiY -: 5, 2008 ~jc::g8 123 of 140 appropriate action may be initiated, Any state agent with law enforcement authority observing individuals or groups clearly and incontrovertibly vandalizing, looting or destroying archaeological or historic sites within state-owned or controlled lands without demonstrable permission from the Division will make arrests and detain those individuals or groups under the provisions of 267,13. 901,15, and 90121, F S, and related statutory authority pertaining to such illegal activities on state-owned or controlled lands, County Sheriffs' officers are urged to assist in efforts to stop and/or prevent site looting and destruction, In addit,on to the above management policy for archaeological and historic sites on state-owned land, special attention shall be given to those properties listed in the National Reaister of Historic Places and other significant buildings The Division recommends that the Secretarv of the interior's Standards for Rehabilitation and Guidelines for Rehabilitatina Historic Buildinas be followed for such sites, The following general standards apply all treatments undertaken on- historically significant properties, 1, Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure, or site and ,ts environment, or to use a property for its originally intended purpose, 2, The distingu,sh,ng original qualities or character of building, structure, or site and its environment shall not be destroyed The removal or alteration of any historic material or distinctive architectural features should be avoided when possible, and should not be undertaken without advance consultation w,th the Divis,on, 3, All buildings, structures, and sites shall be recognized as products of their own time, Alterations which have no historical basis and which seek to create an earlier appearance shall be discouraged, 4, Changes which may have taken place in the course of time are evidence of the history and development of a bu,lding, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected 5, Distinctive stylistic features or examples of skilled craftsmanship wh,ch characterize a building. structure, or site shall be treated w,th sensit,vity, 6, Deteriorated architectural features shall be repaired rather than replaced, whenever poss,ble In the event replacement is necessary, the new material should be compatible w,th the remaining structure in terms of composition, design, color, texture and other visual qualities, Repair or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historical, physical, or pictOrial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. item N:J. 'j 6D36 January 15, 2008 Page 124 of 140 7, The surface cleaning of structures shall be undertaken with the gentlest means possible, Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken, 8, Every reasonable effort shall be made to protect and preserve archaeological resources, both prehistoric and historic, affected by, or adjacent to any project. 9, Contemporary design for alterations and additions to existing properties is permissible when such alterations and additions do not destroy significant historical, architectural or other cultural material, and when such design is compatible with the size, scale, color, material, and character of the property or environment. 10, Whenever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the fut~re, the essential form and integrity of the original structure would be unimpaired (see Secretarv of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitatinq Historic Buildinqs), Division of Historical Resources staff are available for technical assistance for any of the above listed topics, It is encouraged that such assistance be sought as early as possible in the project planning, D. MANAGEMENT IMPLEMENTATION As noted earlier, 253,034(4), F,S" states that 'all management plans, whether for single-use or multiple-use properties, shall specifically describe how the managing agency plans to identify. locate, protect and preserve, or otherwise use fragile non-renewable resources, such as archaeological and historic sites, The following guidelines should help to fulfill that requirement. 1, All land managing agencies should contact the Division and send U.S G,S. 7,5 minute quadrangle maps outlining the boundaries of their various properties. 2, The Division will In turn identify site locations on those maps and provide descriptions for known archaeological and historical sites to the managing agency, 3. Further, the Division will also identify on the maps, areas of high archaeological and historic site location probability within the subject tract. 4, The Division will send archaeological field recording forms and histOriC structure field recording forms to representatives of the agency to faCilitate the recording of information on such resources, 5, Land managers will update information on recorded sites, 6, Land managers will supply the Division with new information as it becomes available on previously unrecorded sites that their staff locate, The following details the kind of information the Division ile:r: r....o. 16D36 jan~ary 15, 20U8 Page 125 of 140 wishes to obtain for any new sites or structures which the land managers may report: A. Historic Sites (1) Type of structure (dwelling, church, factory, etc,), (2) Known or estimated age or construction date for each structure and addition, (3) Location of building (identify location on a map of the property, and building placement, i,e., detached. row, etc,), (4) General Characteristics: (include photographs if possible) overall shape of plan (rectangle, "L" '1' 'H' 'U', etc,); number of stories; number of vertical div,sions of bays; construction materials (brick, frame, stone. etc,); wall finish (kind of bond, coursing. shingle, etc,); roof shape, (5) Specif,c features including location, number and appearance of: (a) Important decorative elements; (b) Interior features contributing to the character of the building; (c) Number, type, and location of outbuildings. as well as date(s) of construction; (d) Notation if property has been moved: (e) Notation of known alterations to building, B. Archaeological Sites (1) Site location (written narrative and mapped location) (2) Cultural affiliation and period, (3) Site type (m,dden, burial mound, artifact scatter, building rubble, etc,), (4) Threats to site (deterioration, vandalism, etc,), (5) Site size 9acreage, square meters, etc,), (6) Artifacts observed on ground surface (pottery, bone, glass, etc,), (7) Description of surrounding environment. 7, No land disturbing activities should be undertaken in areas of known archaeolog,cal or historic sites or areas of high site probability without prior review by the Divis,on early in the project planning, 8, Ground disturb,ng activlt,es may proceed elsewhere but land managers should stop disturbance in the immediate vicinity of artifact finds and notify the Division if previously unknown archaeological or historic remains are uncovered. The provisions of ,~/~snd3 Item r~o. ~i 'OD36 ,- ,!anua,y 1 S. 2008 Pa;je 126 of ',40 Chapter 872, F,S" must be followed when human remains are encountered, 9, Excavation and collection of archaeological and historic sites on state lands without a permit from the Division is a violation of state law and shall be reported to a law enforcement officer, The use of metal detectors shall be prohibited on state lands except when authorized in a 1A-32, F.A,C" research permit from the Division, 1 O. Interpretation and visitation which will increase publ,c understanding and enjoyment of archaeological and historic sites without site destruction or vandalism is strongly encouraged, 11. Development of interpretive programs including trails, signage, kiosks, and exhibits is encouraged and should be coordinated with the Division, 12, Artifacts found or collected on state lands are by law the property of the Division, Land managers shall contact the Division whenever such material i1; found so that arrangements may be made for recording and conservation, This material. if taken to Tallahassee, can be returned for public display on a long term loan, E ADMINISTERING AGENCY Questions relating to the treatment of archaeological and historic resources on state lands may be directed to Compliance Review Section Bureau of Historic Preservation Division of Historical Resources R,A, Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Contact person: Susan M, Herring Historic Preservation Planner Telephone Sun co m FAX (904) 487-2333 277-2333 (904) 488-3353 Iterr: ~'Lj. ;3[, :3 ~ ::\.20 8 :=7:)[ 0 BAREFOOT BEACH PRESERVE LAND MANAGEMENT PLAN APPENDIX E (INSERT SEAL- SEE ORIGINAL) FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF HISTORICAL RESOURCES R.A. Gray Building 500 South Bronough Tallahassee, Florida 32399-0250 Director's Office Telecopier Number (FAX) (904) 488-1480 (904) 488-3353 September 19,1991 Mr. Jeffrey G. Moore Coastal Engineering Consultants, Inc. 3106 S. Horseshoe Drive In Reply Refer To: Susan M. Herring Historic Preservation Planner (904) 487-2333 (Project File No. 912574 Naples. Florida 33942 RE: Request for Land Management Plan Information Barefoot Beach Preserve Collier County. Florida Dear Mr. Moore: In accordance with this agency's responsibilities under Section 53.034(4), Florida Statutes, we have reviewed the information in the Florida Site File to determine whether any archaeological or historical resources are recorded in the above referenced project area, and also to determine the potential for such resources which are presently unrecorded to be located within it, Our review indicated that no archaeological or historic sites are recorded in the subject tract. Furthermore, it is the opinion of this agency that there is a low probability of significant, unrecorded sites being located in this tract, Fortuitous finds may occur in this tract and our agency should be immediately notified if archaeological or historic remains uncovered. Ground disturbing activities in the immediate vicinity of artifact finds should also be halted until the area can be investigated. However, archaeological and historical considerations will otherwise not be an issue in the managing of this property. Mr. Moore ,!\Clsrlda item No. 16036 - J~nuarr ,:~5, ?O?8 r'3;j6 r.:::t 011'+0 September 19,1991 Page 2 We have enclosed for your use a copy of Management Procedures of Archaeological and Historic Sites and Properties on State-owned or Controlled Lands. This document should be referenced where appropriate in your land management plan, and attached, If you have any questions concerning our comments, please do not hesitate to contact us. Your interest in protecting Florida's archaeological and historic resources is appreciated. Sincerely, (signature on original) SUZANNE P. WALKER for George W. Percy, Director Division of Historical Resources GWP/Hsh Enclosure (1) cc: Dawn Griffin . ',-,C, ; I',:;' n', i,Cj -; G83G : 5. 2DCJ8 :2~j of 1.:10 (State Seal here) STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2740 CENTERVIEW DRIVE TALLAHASSEE, FLORIDA LAWTON CHILES Governor WILLIAM E. SADOWSKI Secretary September 10, 1991 COASTAL ENGINEERING CONSULTANTS,INC, SEP 12 1991 RECEIVED KAD MFS 91.093 Mr, Jeff Moore Coastal Engineering Consultants Incorporated 3106 South Horseshoe Drive Naples, Florida 33942 Dear Mr. Moore: I have received your letter concerning Barefoot Beach Preserve Park in Collier county, This property is not in an Area of Critical State Concern, Sincerely, (Siqnature on Oriqinal) James L. Quinn ACSC Administrator JLQ/vs BAREFOOT BEACH PRESERVE LAND MANAGEMENT PLAN ,t:.,QS:l~~8 Item No. i 5D36 .~ January ~i 5, 2008 Page 130 of 140 APPENDIX E MEMORANDUM TO: Nanette Klein, Park Ranger Supervisor FROM: Michelle A.L Edwards, Senior Planner DATE: November 20. 1990 SUBJECT: Growth Management Plan Consistency Review for the Barefoot Beach Preserve Land Management Plan, Objective 11.6 of the conservation and Coastal Management Element of the Growth Management Plan for Collier County requires the County to adopt a Coastal Barrier and Beach System Management Program which includes performance standards and management guideTines for undeveloped coastal barrier and beach systems such as Barefoot Beach Preserve, The Barefoot Beach Preserve Land Management Plan is being prepared in accordance with Objective 11,6 and is intended to be the plan which establishes the management guidelines and performance standards specifically for Barefoot Beach Preserve. The proposed Land Management Plan is therefore consistent with the Collier County Growth Management Plan, I hope this memorandum addresses your concerns, If you have any questions about the above statement, I can be reached at 643-8300. Cc: Robert E. Blanchard, Growth Planning Director Barbara A. Cacchione, Chief of Long Range Planning :te:Ti ~.:o_ 1603:; :~n"-,n' 1h Jon::' d'::.~~:~(~'~' '/' ~j >~ ,. (lcJ'::: i . Jf r-Jj BAREFOOT BEACH PRESERVE LAND MANAGEMENT PLAN APPENDIX F scientific name: common name: FLORIDA NATURAL AREAS INVENTORY - ELEMENT OCCURRENCE RECORD 10/03/91 TRICHECHUS MANATUS WEST INDIAN MANATEE date last observed: county name: 1990-08-27 Collier, Lee, Monroe quad name: EVERGLADES CITY, FORT MYERS BEACH, WHITE WATER BAY E, TARPON BAY, SANDY KEY, LAKE INGRAHAM WEST, LAKE INGRAHAM EAST, FLAMINGO, SHARK RIVER ISLAND, WHITE WATER BAY WEST, SHARK POINT, BARNEY RIVER, PLOVER KEY, LOSTMANS RIVER RANGER STATION, BIG LOSTMANS BAY, PAVILLION KEY,ALLIGATOR BAY, CPE ROMANO, PANTHER KEY, CHOKOLOSKEE, MARCO ISLAND, ROYAL PALM HAMMOCK, WEAVERS STATION, NAPLES SOUTH, BELLE MEADE, NAPLES NORTH,BONITA SPRINGS, ESTERO, SANIBELISLAND, OCHOPEE, BIG BOY LAKE, GATER HOOK SWAMP township and range: town/range comments: 0535029 section: NO SECTION #. precision: SC General desc.: GULF COAST AND ASSOCIATED BAYS, RIVERS, PASSSES AND INLETS FROM EAST CAPE TO S END OF SAN CARLOS BAY: SUBMERGED SPERMATOPHYTES PLENTIFUL, FRESHWATER READILY AVAILABLE. EO data: RELATIVELY COMMON PARTICULARLY IN TEN THOUSAND ISLANDS AREA FEED ON SEA GRASSES AR ALGAE: CA. 150 MANATEES INHABIT THE AREA IN SUMMER AND 190 IN WINTER. managed area name: OSBORN SANCTURARY, ESTERO BAY AQUATIC PRESERVE, ROOKERY BAY AQUATAIC PRESERVE, CAPE ROMANO. 10,000 ISLANDS AQUATIC PRESERVE, EVERGLADES NATIONAL PARK, MATANZAS PASS owner: STATE OF FLORIDA owner comments: COASTAL WATERS UNDER STATE JURISDICTION best source: OSHEA, T. STRENIA PROJECT, NATIONAL FISH AND WILDLIFE LABORATORY, US FISH & WILDLIFE SERVICE, 412 NE 16TH AVE., GAINESVILLE, FL 32601. (904) 372 .2571 eanuh.: AZA data sens.: Item tJc. 16D36 ,~anuar-y ~r 5.2003 ?age 132 of140 FLORIDA NATURAL AREAS INVENTORY. ELEMENT OCCURANCE RECORD 10/03/91 scientific name: common name: SOPHORA TOMENTOSA NECKLACE POD date last observed: county name: 1982 ? Collier quad name: BONITA SPRINGS township and range: town/range comments: 0485025E section: 17 precision: M SW 4 EO data: IN COASTAL STRAND (CIT.024). NO POPULATION ESTIMATE. general desc. M.anaged area name' BAREFOOT BEACH PRESERVE owner: FL DNR,DIV REC & PARKS owner comments: BAREFOOT BEACH STATE PREERVE. Best source FL DNR, DIV OF REC & PARKS. 1982. MANAGEMENT PLAN FOR BAREFOOT BEACH STATE PRESERVE (UNPUBLISHED, REVISED FROM 1979). Ecnum.' 040 data sens.: ite,n hh. 16D36 January -15. 20:)-3 ;:Jags 133 .)1 1:10 FLORIDA NATURAL AREAS INVENTORY. ELEMENT OCCURANCE RECORD 10/03/91 scientific name: common name: CARETTA CARETTA LOGGERHEAD date last observed: county name: 1980 Collier, Lee quad name: BONITA SPRINGS, NAPLES NORTH township and range: town/range comments: 0485025E section:07 precision: 5 ALSO T475, T495. general desc. 13.4 KM. STRETCH OF GULF COASTAL BEACH. EO data: NESTING BEACH. DATA PRESENTED AS YEAR: # NESTS OBSERVED (#/KM). BONITA BEACH (9.7 KM) MONITORED 1975.79: 1975: 4 (4.1),1976: 44 (4.5), 1977: 32 (3.3), 1978: 40 (4.1), 1 52 (5.4). WIGGINS PASS (3.7 KM) ADDED 1980 TO TOTAL A MONITORED: 198022 (1.6). managed area name: BAREFOOT BEACH PRESERVE, DELNOR-WIGGINS PASS STATE RECREATION AREA owner: owner comments: Best source HOPKINS, SR, AND J. RICHARDSON, EDS. 1981. DRAFT RECOVER PLAN FOR MARINE TURTLES. MARINE TURTLE RECOVERY TEAM. 266 PP Ecnum.' 036 data sens. item t~o. 16D36 January i 5,2008 Page 134 of 140 FLORIDA NATURAL AREAS INVENTORY. ELEMENT OCCURANCE RECORD 10/03/91 scientific name: common name: URSUS AMERICAN US FLORIDANAS FLORIDA BLACK BEAR date last observed: county name: 1984 Collier quad name: BONITA SPRINGS township and range: town/range comments: 0485025E section:08 precision: M +SEC. 5-7, 17, 20 ' general desc. '(EORANKCOMM): POP. DATA, BASED ON PNDVRA02. EO data: COMMON REPORTS CA. 1984. managed area name: BAREFOOT BEACH PRESERVE, DELNOR-WIGGINS PASS STATE RECREATION AREA owner: FLORIDA DNR owner comments: Best source: BRADY, JAMES R. FL GAME & FRESH WATER FISH COMMISSION, WILDLIFE RESERACH LAB., 4005 S. MAIN ST., GAINESVILLE. FL 3261. (9-4376-6481). Ecnum.' 020 data sens.' Hem r\io. i 6D36 Ja:-iL;cH'y -j 5 2083 FJag.a 1:5 .:)j '140 FLORIDA NATURAL AREAS INVENTORY - ELEMENT OCCURANCE RECORD 10/03/91 scientific name: common name: DENDROICA DISCOLOR PALUDICOLA FLORIDA PRAIRIE WARBLER date last observed: county name: 1983 Collier quad name: BONITA SPRINGS township and range: town/range comments: 0485025E section:17 precision: M SW4, +NW4 SEC. 20 general desc. IN MANGROVES OF BOTH AREAS. EO data: COMMON REPORTS CA. 1984. managed area name: NUMEROUS NESTS IN 1983 (P84ALV01). owner: FLORIDA DNR, DIV REC & PARKS owner comments: DELNOR-WIGGINS PASS ST. REC. AREA; BAREFOOT BEACH ST. PRESERVE Best source ALVAREZ, KEN, CAPT. DIST. VI BIOLOGIST, FL DNRDIV OF REC & PARKS; PO BOX 398, OSPREY, FL 33559.0FC 813-966-3594. Ecnum.' 010 data sens.' ':':.,~Je,lcia Item No, 16D36 0< ,:anuary 15. 2008 Page 136 of 140 FLORIDA NATURAL AREAS INVENTORY. ELEMENT OCCURANCE RECORD 10/03/91 scientific name: common name: VIREO AL TILOQUOS BLACK-WHISKERED VIREO date last observed: county name: 1983 Collier quad name: BONITA SPRINGS township and range: town/range comments: 0485025E section:17 precision: M SW4, +NW4 SEC. 20 general desc. IN MANGROVES (& HAMMOCK?) OF BOTH AREAS. EO data: COMMON REPORTS CA. 1984. managed area name: NUMEROUS NESTS IN 1983 (P84ALV01). owner: FLORIDA DNR, DIV REC & PARKS owner comments: DELNOR-WIGGINS PASS ST. REC. AREA; BAREFOOT BEACH ST. PRESERVE Best source ALVAREZ, KEN, CAPT. DIST. VI BIOLOGIST, FL DNRDIV OF REC & PARKS; P.O BOX 398, OSPREY, FL 33559.0FC 813.966-3594. Ecnum.: 017 data sens.' :tern tJo. ~ GOJ6 ..~a:lL;arV i 5. 2003 PaJ3 13701 1:iO FLORIDA NATURAL AREAS INVENTORY - ELEMENT OCCURANCE RECORD 10/03/91 scientific name: common name: GOPHERUS POLYPHEMUS GOPHER TORTOISE date last observed: county name: 1991-02-23 Collier quad name: BONITA SPRINGS township and range: town/range comments: 0485025E section:17 precision: SC W2 general desc. SANDY UPLAND STRIP CA. 1 MI. LONG AND 500' WIDE FRONTING MANGROVE-FILLED BAY AREA CA. Y, MILE WIDE. HABITAT FOR GOPHERS CONSISTS OF CLUMPS OF SHRUBS AND PALMS WITH MUCH SHELL FRAGMENT ADMIXED. (F91JOH25FL) EO data: NO QUANTITATIVE DATA BUT "SIGNIFICANT POPULATION" IN 1983 (P84ALV01). 91-02.23: 5 ACTIVE BURROWS SEEN -2 SMALL AND LARGE. ONE LARGE TORTOISE SEEN (18" LONG) WHICH DISAPPEARED INTO BURROW (CA. 11:30AM) (F91JOH25FL). managed area name: BAREFOOT BEACH PRESERVE owner: FL DNR owner comments: LEASED TO COLLIER COUNTY Best source. ALVAREZ, KEN. CAPT. DIST. VI BIOLOGIST, FL DNRDIV OF REC & PARKS; PO BOX 398, OSPREY, FL 33559 OFC 813-966-3594. Ecnum. 017 data sens.' Agenda Item No.1 6036 January 15, 2003 ;:Jage 138 of 140 FLORIDA NATURAL AREAS INVENTORY - ELEMENT OCCURANCE RECORD 10/03/91 scientific name: ESTUARINE TIDAL SWAMP common name: date last observed: 1983 county name: Collier quad name: BONITA SPRINGS township and range: town/range comments: 0485025E section:17 precision: M SW4, +NW4 SEC.20 general desc. MANGROVE SWAMP EXTENDING FULL LENGTHOF BOTH PROPERTIES ON BAY SIDE. EO data: DOMINATED BY RED & BLACK MANGROVES, WITH SOME WHITE MANGROVE. BUTTONWOOD COMMON ABOVE HIGH TIDE LINE. managed area name: DELNOR-WIGGINS PASS ST.REC.AREA; BAREFOOT BEACH ST. PRESERVE. owner: FL DNR, DIV REC & PARKS owner comments: DELNOR-WIGGINS PASS ST.REC.AREA;BAREFOOT BEACH ST.PRESERVE. Best source FLA DNR,DIV OF REC & PARKS. 1982. MANAGMENT PLAN FOR BAREFOOT BEACH ST. PRESERVE (UNPUBLISHED, REVISED FROM 1979). Ecnum.' 012 data sens.' item hi~. -; 6D3Cj !::nua~ f ~ ~ ')0(1:) "~~-~'~)>'-~,~-~ ~~ , d;]e ,_;:l ,." I '-! \..1 FLORIDA NATURAL AREAS INVENTORY - ELEMENT OCCURANCE RECORD 10/03/91 scientific name: common name: MARITIME HAMMOCK date last observed: county name: 1991-02-23 Collier quad name: BONITA SPRINGS township and range: townfr'ange comments: 0485025E section:17 precision: SC SW 4 general desc. BEHIND COASTAL STRAND. SANDY UPLAND STRIP CA. 1MILE LONG 500' WIDE FRONTING MANGROVE- FILLED BAY AREA CA. Y, MILE WIDE. (F91JOH25FL) EO data: CABBAGE PALM, MYRSINE, STRANGLER FIG, WHITE STOPPER, SEVEN-YEAR APPLE, RANDIA, GUMBO LIMBO (U82DRP02). 1991-02-23: LOW (25') CONTINUOUS UNDERSTORY NEAR MANGROVE BREAK UP INTO "ISLANDS" TOWARDS GULF WITH LARGE,OPEN, SHELLY AREAS BETWEEN. IN UNDERSTORY: PRIMARILY - RAPANEA PUNCTATA, SCHINUS TEREBINTHIFOLIUS, BUM EllA CALASTRINA, PSYCHOTRIA NERVOSA, EUGENIA AXILLARIS. IN OPEN, WOODY "ISLANDS" NEAR GULF: RAPANEA & FORESTIERA STILL ABUNDANT JOINED BY PITHECELLOBIUM KEYENSIS, LANTANA INVOLUCRATA, YUCCA ALOIFOllA, CASASIA CLUTISIFOLIA, RANDIA ACULEATA, CHIOCOCCA ALBA. IN OPENINGS BETWEEN WOODY "ISLANDS" ARE FOUND LOW SHRUBS AND HERBS, INCLUDING: ERNODEA lITTORALIS, CHIOCOCCA PINETORUM, AMBROSIA HISPIDA, OPUNTIA STRICTA, AND THE EXOTIC CATHA RAN THUS ROSEA. GOPHER BURROWS ARE FREQUENT IN THIS HABITAT. SAND OFTEN HAS A "SHELL PAVEMENT" ON SURFACE.. (F91JOH25FL) managed area name: BAREFOOT BEACH. PRESERVE. owner: FL DNR owner comments: LEASED TO COLLIER COUNTY. best source: JOHNSON, ANN F. 1991. FIELD SURVEY OF BAREFOOT BEACH STATE PRESERVE,COLLIER, CO, FL. 23 FEB. 1991 Ecnum.' 034 data sens. ,L,gsnda Item ~~o. 16D36 january ~15. 2003 Page 140 of 140 FLORIDA NATURAL AREAS INVENTORY - ELEMENT OCCURANCE RECORD 10/03/91 scientific name: common name: COASTAL STRAND date last observed: county name: 1983 Collier quad name: BONITA SPRINGS township and range: townlrange comments:' 0485025E section:17 precision: M SW 4 general desc. BEHIND BEACH DUNE ZONE. EO data: SEAGRAPE, SAW PALMETTO, SPANISH-BAYONET, PRICKLY PEAR (0 STRICTA), COIN VINE, CATCLAW, AGAVE, GRAY NICKER, LANTANA SP., SOPHORA TOMENTOSA, SCAEVOLA PLUMIERI, ERNODEA L1TTORALlS (U82DRP02). managed area name: BAREFOOT BEACH. PRESERVE. owner: FL DNR, DIV REC & PARKS owner comments: BAREFOOT BEACH STATE PRESERVE best source FL DNR, DIV OF REC & PARKS. 1982. MANAGEMENT PLAN FOR BAREFOOT BEACH STATE PRESERVE (UNPUBLISHED, REVISED FROM 1979). Ecnum.' 024 data sens