Agenda 01/15/2008 Item #16F 3
:L::rT; \\!o. 16F3
15,2008
'I of 14
EXECUTIVE SUMMARY
.~
Recommendation that the Board of County Commissioners of Collier County, Florida
convey a Deed of Conservation Easement to the South Florida Water Management
District for EMS Station 73 to be located at 790 Logan Boulevard, at a cost not to
exceed $86.50, Project Number 551501.
OBJECTIVE: To obtain approval from the Board of County Commissioners of Collier County,
Florida, to convey a Deed of Conservation Easement to the South Florida Water Management
District (District) to meet District Permit 11-02779-P requirements for the construction of EMS
Station 73.
CONSIDERATIONS: On March 28, 2006, Agenda Item 16F4, the Board of County
Commissioners voted 4-1 to reallocate the real property purchased under the Vanderbilt Beach
Road 6-Laning project to Collier County Emergency Medical Services to be utilized for' the
construction of EMS Station 73. A Location Map is attached-for reference.
The construction of EMS Station 73 is subject to the regulatory jurisdiction of the District, and
District Permit No. 11-02779-P requires the County to set aside, preserve, enhance, and restore
certain wetlands/uplands that fall within the District's jurisdiction. In this regard, it will be necessary
for the County to convey to the District the attached Deed of Conservation Easement
encompassing 1.13 :!:. acres of the EMS Station site. The Deed of Conservation Easement shall run
with the land and remain in full force and effect forever. The County will be responsible for the
perpetual upkeep and maintenance of the conservation area.
The Facilities Management Department, the Emergency Medical Services Department and the
County Attorney's Office have reviewed and approved the Deed of Conservation Easement.
FISCAL IMPACT: Funds in the amount of $86.50 for recording the Deed of Conservation
Easement are available in EMS Impact Fee Fund 350.
GROWTH MANAGEMENT IMPACT: This project Will benefit the County and is consistent with
and will further the goals, objectives, and policies of the Collier County Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to execute the attached Deed of Conservation Easement; authorizes the conveyance of
the attached Deed of Conservation Easement to the District; and directs the County Manager or his
designee to record the Deed of Conservation Easement in the Public Records of Collier County,
Florida.
PREPARED BY: Jason Bires, Property Acquisition Specialist, Real Estate Services, Facilities
Management Department.
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Page 1 of2
Agenda Item t-Jo. 16F3
,:anuary 15, 2008
Page 2 of 14
COLLIER COUNTY
(
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16F3
Recommendation that the Board of County Commissioners of Collier County. Florida convey
a Deed of Conservation Easement to the South Florida Water Management District for EMS
Station 73 to be located at 790 Legan Boulevard. at a :ost not to exceed $86.50, Project
Number 551501.
Meeting Date:
1/15/200890000 AM
Prepared By
Jason Bires
Property Acquisition Specialist
Date
Administrative Services
Facilities Management
1/2/20087:55:34 AM
Approved By
Jeff Page
Bureau of Emergency
Services
EMS Chief
Date
EMS
1/2/20088:14 AM
Approved By
Toni A. Matt
Real Property Supervisor
Date
Administrative Services
Facilities r\l':anagement
1/2;2008 8:15 AM
Approved By
Skip Camp, C.F.M~
Facilities Management Director
Date
Administrative Services
Facilities Management
1/2/20088:44 AM
Approved By
Dan E. Summers
Bureau of Emergency Services Director
Date
County Manager's Office
Bureau of Emergency Services
1/2/200810:35 AM
Approved By
Hank Jones
Senior Project Manager
Date
Administrative Services
Facilities Management
1/3/200811:53 AM
Approved By
OrtS Coordir.ator
Applications Analyst
Dzte
Administrative Services
Information Technology
1/3/200812:41 PM
Approved By
Len Solden Price
Adrninistrative Services Administrator
Date
Administrative Services
Administrative Services .A.dmin.
1/3f2COB 3:03 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/4/20085:01 PM
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Page 2 of 2
Agenda Item No. 16F3
January 15. 2008
Page 3 of 14
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
1/5120083:47 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/7/20086:58 PM
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DEED OF CONSERVATION EASEMENT
TH]S DEED OF CONSERV A TJON EASEMENT is given this day of
..._,20_, by Collier County, a political subdivision of the State of Florida, c/o
Facilities Management, ("Grantor") whose mailing address is 330] Tamiami Trail East, Naples,
FL 34] 12, to the South Florida Water Management District ("Grantee"). As used herein, the tcrm
"Grantor" shall include any and all heirs, successors or assigns of the Grantor, and all subsequent
owners of the "Property" (as hereinafter defined) and the term "Grantee" shall include any and all
successor or assignee of Grantce.
WITNESSETH
WHEREAS, the Grantor is the o\\ner of certain lands situated in Collier County, Florida,
and more specilieally dcscribed in Exhibit "A" anached hereto and incorporatcd herein
("Property"); and
WHEREAS, the Grantor desircs to construct EMS Station No. 73 ("Project") at a site in
Collier County, which is subject to the regulatory jurisdiction of South Florida Water Management
District ("District"); and
WHEREAS. District Pcnnit No. I] -02779-P ("Permit") authorizes certain activities which
affect wakrs in or of the State of Florida: and
ViHEREAS, this Pemlit requircs that the Grantor preserve, enhance, restore and/or mitigate
wetlands ,mdlor uplands under the District's jurisdiction; and
\\7] ]EREAS, the Grantor, in consideration of the consent granted by the Permit, is
agreeable 10 granting and securing to the Grantee a perpetual Conservation Easement as delincd in
Section 704.06, Florida Statutes, over the area described on Exhibit "B".
NOW, THEREFORE, in consideration of the issuance of the Permit to construct and
operate the permitted activity, and as an inducement to Grantee in issuing the Permit, togethcr
with other good and valuablc consideration, the adequacy and receipt of which are hereby
acknowledged, Grantor hereby grants. creates, and establishes a perpetual Consernltion
Easement for and in favor of the Grantee upon the property described on Exhibit "8" which shall
run with the land and be binding upon the Grantor, and shall remain in full force and effect
forever.
The scope, nature, and character orthis Conservation Easement shall be as follows:
1. Recitals. The recitals hereinabove set forth are true and correct and arc hereby
incorporated into and made a part of this Conservation Easemen!.
Form No. 1190
Standard
Rev. 0] /2007
o Puroose. It is the purpose of this Conservation Easement to retain land or water
areas in their natural, vegetative, hydrologic, scenic, open. agricultural or wooded condition and to
retain such areas as suitable habiwt for fish, plants or wildlife. Those wetland and/or upland areas
included in this Conservation Easement which are to be enhanced or created pursuant to the Permit
shall bc retained and maintained in the enhanced or created conditions required by the Pem1i1.
To carry out this purpose, the following rights are conveyed to Grantee by this easement:
a. To enter upon the Property at reasonable times with any necessary
equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably
interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent with this
Conservatiun Easement and to enforce thc restoration of such areas or features of the Conservation
Easement that may be damaged by any inconsistent.activity or use.
3. Prohibited Uses. Except for restoration, creation, enhancement. maintenance and
monitoring activities. or surface water management improvements, or other activities described
hercin that arc permitted or required by the Penni!. thc following activities arc prohibited in or on
the Conservation Easement:
a. Construction or placing of buildings, roads, signs, billboards or other
advertising. utilities. or other structures on or above the ground:
b. Dumping or placing of soil or other substance or material as landti]L or
dumping or placing of trash. waste, or unsightly or offensiye materials:
e. Removal or destruction of trees, shrubs. or other vegetation, except for the
removal or exotic or nuisance vegetation in accordance with a District approved maintenance plan:
d. E:-.:cavatio11, dredging, or removal of loam, peat, gravel. soil. rock. or other
material substance in such manner as to affect the surface;
e. Surface use except lor purposes that permit the land or water area to remain
in its natural or enhanced condition:
f. Activities detrimental to drainage. flood control, water conservation, erosion
controL soil conservation. or fish and wildlife habitat presenation including. but not limited to,
ditching, diking. and fencing:
g. Acts or uses detrimental to such al()fementioned retention of land or water
areas:
h. Acts or uses which are detrimental to thc preservation of the structural
integrity or physical appearance of sites or properties having historical, archaeological. or cultural
signi ficance,
Form ~o, I 190
Standard
Rev. 0],-'2007
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4. Grantor's Reserved Rillhts. Grantor reserves all rights as owner of the Property,
including the right to engage in uses of the Property that are not prohibited herein and which are not
inconsistent with any District rule, criteria, pern1it and the intent and purposes of this Conservation
Easement.
5. No Dedication. No right of access by the general public to any portion of the
Property is conveyed by this Conservation Easement.
6. Grantee's Liabilitv. Grantee shall not be responsible for any costs or liabilities
rclated to the operation, upkeep or maintenance of the Property.
7. Propertv Taxes. Grantor shall keep the payment of taxes and assessments on the
Easement Parcel current and shall not allow any lien on the Easement Parcel superior to this
Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in
addition to any other remedy. the Grantee may, but shall not be obligated to, elect to pay the lien
on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the Grantee,
together with Grantee's reasonable attorney's fees and costs, with interest at the maximum rate
allowed by law, no later than thirty days after such payment. In the event the Grantor does not so
reimburse the Grantee, the debt owed to Grantee shall constitute a lien against the Easement
Parcel which shall automatically relate back to the recording date of this Easement. Grantee may
foreclose this lien on the Easement Parcel in the manner provided for mortgages on real property.
8. Enforcement. Enforcement of the terms, provisions and restrictions of this
Conservation Easement shall be at the reasonable discretion of Grantee. and any forbearance on
behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor.
shall not be deemed or construed to be a waiver of Grantee's rights hereunder.
9. Assillnmcnt. Grantee will hold this Conservation Easement exclusively for
conservation purposes. Grantee will not assign its rights (md obligations under this Conservation
Easement except to another organization or entity qualified to hold such interests under the
applicable state laws.
10. Severabilitv. If any provision of this Conservation Easement or the application
thereof 10 any person or circumstances is found to be invalid, the remainder ufthe provisions of this
Conservation Easement shall not he affected thereby, as long as the purpose of the Conservation
Easement is preserved.
I I. Terms and Restrictions. Grantor shall insel1 the ten11S and restnetJons of this
Conservation Easement in any subsequent deed or other legal instrument by wbich Grantor divests
itself of any interest in the Conservation Easement.
12. Written Notice, All notices, consents. approvals or other communications
hereunder shall be in "Titing and shall be deemed properly given if sent by United States certified
mail. return receipt requested. addressed to the appropriate party or successor-in-interest.
fonn No. I 190
Standard
Rev 0 I -":Z007
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11. Modification~ This Conservation Eas~ment may be amended, altered, released or revoked
only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest,
which shall be filed in thc public records in Collier COllnty.
TO HAVE AND TO HOLD unto Gramee forever. The covenants, terms, conditions,
restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor,
and shall continue as a servitude running in perpetuity with the Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property
in fee simple: that the Consel'\ation Easement is free and clear of all encumbrances that are
inconsistent with the terms of this Conscl'\'ation Easement; and all mortgages and liens on the
Conservation Easemcnt mea, if any, have been subordinated to this Consel'\'ation Easement; and
that CJrantor has good right and lawful authority to convey this Conservation Easement; and that it
hereby fully warrants and defends the title to the Conscl'\'ation Easement hereby conveyed against
the lawful claims of all persons whomsoever.
fN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by
its Board of County Commissioners "cting by the Chaimlan or Vice Chairman of said Board, this
_dayof ,20_
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COeNTY COMMISSIONERS
COLLIER COuNTY, FLORIDA
By:
By:_~
,Deputy Clerk
Chainnan
~..4 u~ t. f~ lt9l1 IVI"f1c1cJ'
../// ,./ .~.h,0-"- /
~ Au htllllt C_t, At~"'1
Ell"" T. CtMMll
Form No. 1190
Standard
Ro\'. 01!2007
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Signed, sealed and delivered in our presence as witnesses:
(Signature)
(SlgnaturL"j
By:
Name:
(Print)
(Prin!)
COUNTY OF
On this 20 before me, the u ersigned notary public,
personally appeared , the person who su scribed to the foregoing
instrument, as the (title), of (corporation), a
Florida Corporation, and aekn wledged that he/she executed the sa e on behalf of said corporation
and the he/she was duly aUlhori' d to do so, He/She is personal known 10 me or has produced a
(state) dr 'er's license as idenlificatio ,
~Iy COlllmission Expires:",
;-
5
IN WITNESS WHEREOF, I hereunto, t my hand and offi
NOT AR Y PUBLIC STATE OF FLORIDA
Name:
For Ten Dollars ($10,00) and olher good
reccipt f which are herby acknowledged, __
the ownc and holder of a mortgage dated
111 lhe riginal principal 3mounl of
and valuable consideration,
/
,
I
lhe adequac~nd
I
/
~ven by
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MORTGAGEE JOINDER, CONSE:\'T AND SUBORDINA nON
$"
("Grantor") 10
("Mortgagcc"), e cumbering the real propcrty described on Exhibil "A"
("Property"), whic IS recorded in Official Records Book , at Page
___ ' (together with thaI certain Assignmenl of Leases apld Rents rccorded in
Official Records Book , at Page _ and"lhose ccrtain UCC-l
Financing Slalcment(s) ccorded in Official Records Book al Page
). all of 1 Public Rccords of County, Florida
(said mortgage, assignment of ases and renls, and UCC-l Financin' , tatements, as modified, are
hereinafter rcfcn'cd to as thc "M gagee''), hcreby joins in, eon'SCnl to-and subordinates thc lien of
ils Mortgage, as is has been, and a it may be, modified, amende and assigned from time to time,
to the foregoing Conservation Easenl t, executed by ._
in favor of the Soulh Florida Water 'vIa agement Dislnct apt! cable 10 the Conservation Easement,
as said Conservation Easement may be m ified, amended d assigned from lime to lime, with lhe
intent that the Mortgage shall be su"bjeet an~bordinate the Con~ervation Easement
IN W1T'iESS WHEREOF, this Mong"~e J deL Consent and Subordination is made this
day of ,20
Title:
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i\1(\rt~'ag\;-':J
B):~.,_
(Slgl~:1rUrL')
'iame:
(Print)
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(Sign<llllr,.
WITNESSES:
By: __._____.,__
(Sign:llllr-:)
By:____
J\ame:
1\amc:
II'rin:1
S' TE OF FLORJDA
CO TNTY OF
The
1-.,,", "._
,.. .__ ;;"c
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day of
(prin namc), as
(Granlor of 1ortgage), on
(Mortgagee, Grantor of lhc Conserv ion Easemenl),
produced a , (stale) driver's
instrument was acknowlcdged before me lhis
, 20 by
behalf of th
He/She is pe on ally known
license as identI lCation.
(title) of
to mc or has
IN WITNESS WH REOF, I hereunto set my hand and official seal.
NOTARY PUBLIC,
!'\arne:
My Commission Expires:
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(Srgnalun.:)
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EXHIBIT" A"
Tract 19, Golden Gate Estates, Unit No. 95, in
accordance with and subject to the plat recorded in
Plat Book 9, Page 45, Public Records, Collier
County, Florida (41820800009)
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