Resolution 2000-067
RESOLUTION NO. 2000 - 67
16
B
CONVEY A CONSERVATION EASEMENT TO SOUTH
FLORIDA WATER MANAGEMENT DISTRICT TO
PROVIDE OFF-SITE MITIGATION FOR IMMOKALEE
ROAD IMPROVEMENTS FROM 1-75 TO C.R. 951.
WHEREAS, the Board of County Commissioners of Collier County Florida, hereinafter referred to as
the "Board", approved Resolution No. 91-385 on May 21, 1991, Item 9(B)(2) establishing long-term
environmental mitigation goals designed to offset adverse environmental impacts of certain road construction
projects; and,
WHEREAS, the construction of the Immokalee Road four laning project is subject to the regulatory
jurisdiction of the South Florida Water Management District ("District"); and,
WHEREAS, District Permit No. 1l-01737-P ("Permit") authorizes certain activities which affect
surface waters in or of the State of Florida; and,
WHEREAS, the Permit requires the Board to preserve and/or mitigate wetlands under the District's
jurisdiction; and,
WHEREAS, the Board is the fee owner of certain lands situated in Co\1ier County, Florida and more
specifica\1y described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter referred
to as "Property"); and,
WHEREAS, the Board has developed and proposed as part of the Permit conditions a conservation
tract and maintenance buffer involving preservation of certain wetland and/or upland systems on the Property;
and,
WHEREAS, the District is in agreement to accept the Conservation Easement over and above the
Property; and,
WHEREAS, the Board, in consideration of the above agreement, is willing to grant to the District a
perpetual conservation easement as defined in Section 704.06, Florida Statutes (1995), over and across the
Property; and,
WHEREAS, the Board, as fee owner, shall assume the operation, upkeep or maintenance of the
Property in accordance with the provisions outlined in the Permit; and,
WHEREAS, pursuant to the Permit, the Conservation Easement for and in favor of the District sha\1
run with the land; and,
WHEREAS, pursuant to Section 125.35, Florida Statutes, the Board has determined it is in the best
interest of the public to convey the Conservation Easement to the District.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
I. The Board of County Commissioners agrees to convey the attached Conservation Easement
between Co\1ier County and District.
2. The Chairman of the Board of County Commissioners of Co\1ier County, Florida,]s hereby
authorized to execute the attached Conservation Easement.
This Resolution adopted this l L\ -!h- day of ~
majority vote.
, 2000 after motion, second and
".ATTEST:
. DWIGHt E. BROCK, Clerk
BY;~~prec~A
Attest a5 to Chairman's
" . Signature onlJ.
'Approved lis to form
~
Robert Zac ary
Assistant County Attorney
8
16
8
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
EXHIBIT
Page ( of_..~
LEGAL DESCRIPTION (NOT A SURVEY)
}'ROJECT NO..
PARCEL NO...
FOLIO NO... OOL't,O"l I (J OOOq
COMMENCING AT THE NORTHEAST CORNER OF SECTION 30, TOWNSHIP 50 SOUTH, RANGE 27
EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 0 DEGREES 11 MINUTES 20 SECONDS
WEST ALONG THE EAST LINE OF SAID SECTION 30, A DISTANCE OF 2113.11 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG SAID LINE, A DISTANCE OF
525.75 FEET; THENCE SOUTH 88 DEGREES 57 MINUTES 34 SECONDS WEST, A DISTANCE OF
1412.28 FEET; THENCE NORTH 0 DEGREES 01 MINUTE 40 SECONDS WEST, A DISTANCE OF
539.55 FEET; THENCE NORTH 89 DEGREES 31 MINUTES 13 SECONDS EAST, A DISTANCE OF
1414.09 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 17.278
ACRES (752,646 SQUARE FEET), MORE OR LESS.
BASIS OF BEARINGS IS THE EAST LINE OF SECTION 30 BEING S 00 DEGREES 11
MINUTES 20 SECONDS WEST.
~" GEORGE R. RICHMOND
PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 SHEET 1 OF 2
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
SABAL PALM ROAD 60' R/W
~ P.O.C. I
" N.E COR. SEC. 30
' t I TWP. 50S,RGE 27E.
~ I I N 89°31'13'E E/LINE SEC. 30
S 88°57'34"W
1412.28'
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. -- SECTION
4) TWP. = TOWNSHIP
5) RGE. = RANGE
6) PJW = RIGHT OF WAY
7) ALLi DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DRAWN BY GHEGKEU BY SCALE DATE FILE NO.
NOT TO SCALE JANUARY 17, 2000 MM17AC SHEET 2 OF 2
Project:
Folio:
Permit No:
Master Mitigation
00467160004
11-01737-P
2607739 OR: 2652 PG: 1894
RECORDED in OPPICIA5 RECORDS of COLLIER COUNTY, PL
03/17/2000 at 08:57AM DWIGHT 8, BROCK, CL~RK
REC ~EE
DOe-.70 .70
COPIES 5,00
Retn:
REAL PROPERTY
.,.,, 16B 8
CONSERVATION EASEME~ O~IC~
THIS CONSERVATION EASEMENT, made and entered into this [ ~ day of
.l['~. _~ ,2000, by COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assign, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 as
Grantor, and SOUTH FLORIDA WATER MANAGEMENT DISTRICT, as Grantee. As used herein,
the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all
subsequent owners of the "Property" (as herein after defined) and the term Grantee shall include any
successor or assignee of Grantee.
WITNESSETH:
WHEREAS, Grantor is the owner of certain lands situated in Collier County, Florida and more
specifically described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter
referred to as "Property"); and
WHEREAS, the Grantor desires to construct Immokalee Road Four Laning ("Project") at a site in
Collier County, which is subject to the regulatory jurisdiction of South Florida Water Management
District ("District"); and
WHEREAS, District Permit No. 11-01737-P ("Permit") authorizes certain activities which affect
surface waters in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve and/or mitigate wetlands under the
District's jurisdiction; and
WHEREAS, the Grantor has developed and proposed as part of the permit conditions a
conservation tract and maintenance buffer involving preservation of certain wetland and/or upland
systems on the Property; and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to
granting and securing to the Grantee a perpetual conservation easement as defined in Section
704.06, Florida Statutes (1995), over the Property.
NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the
permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good
and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor
hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the
Grantee upon the Property which shall run with the land and be binding upon the Grantor, and shall
remain in full force and effect forever.
The scope, nature, and character of this conservation easement shall be as follows:
1. It is the purpose of this conservation easement to retain land or water areas in their natural,
vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as
suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in the
conservation easement which are to be enhanced or created pursuant to the Permit shall be retained
and maintained in the enhanced or created conditions required by the Permit.
To carry out this purpose, the following rights are conveyed to Grantee by this easement:
a. To enter upon the Property at reasonable times with any necessary equipment or
vehicles to enforce the rights herein 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 enjoy any activity on or use of the Property that is inconsistent with this
conservation easement and to enforce the restoration of such areas or features of the Property that
may be damaged by any inconsistent activity or use.
2. Except for restoration, creation, enhancement, maintenance and monitoring activities, or
surface water management improvements, which are permitted or required by the Permit, the
following activities are prohibited in or on the Property:
OR: 2652 PG: 1895
1688
a. Construction or placing or buildings, roads, signs, billboards or other advertising,
utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or dumping or
placing of trash, waste, or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of
exotic or nuisance vegetation in accordance with a District approved maintenance plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material
substance in such manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to remain in its
natural condition;
f. Activities detrimental to drainage, flood control, water conservation, erosion control,
soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking
and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or water areas;
h. Acts or uses which are detrimental to the preservation of any features or aspects of
the Property having historical or archaeological significance.
3. Passive Recreational Facilities. Grantor reserves all rights as owners of the Property,
including the right to engage in uses of the Property that are not prohibited herein and that are not
inconsistent with any District rule, criteria, the Permit and the intent and purposes of this Conservation
Easement. Passive recreational uses that are not contrary to the purpose of this conservation
easement may be permitted upon written approval by the District.
a. The Grantor may conduct limited land clearing for the purpose of construction such
pervious facilities as docks, boardwalks or mulched walking rails, Grantor shall submit plans for the
construction of the proposed facilities to the District for review and written approval prior to
construction.
b. The construction and use of the approved passive recreational facilities shall be
subject to the following conditions:
i. Grantor shall minimize and avoid, to the fullest extent possible, impact to any
wetland or upland buffer areas within the Conservation Easement Area and shall avoid materially
diverting the direction of the natural surface water flow in such area;
ii. Such facilities and improvements shall be constructed and maintained utilizing
Best Management Practices;
iii. Adequate containers for litter disposal shall be situated adjacent to such
facilities and improvements and periodic inspections shall be instituted by the maintenance entity, to
clean any litter from the area surrounding the facilities and improvements;
iv. This Conservation Easement shall not constitute permit authorization for the
construction and operation of the passive recreational facilities. Any such work shall be subject to all
applicable federal, state, District or local permitting requirements.
4. No right of access by the general public to any portion of the Property is conveyed by this
Conservation Easement.
5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep
or maintenance of the Property.
6. Grantor shall pay any and all real property taxes and assessments levied by competent
authority on the Property.
7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions
of this Conservation Easement shall be borne by and recoverable against the nonprevailing party in
such proceedings.
8. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall
be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its
rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be
a waiver of Grantee's rights hereunder.
OR:
2652 PG: 1896
16 8
8
9. Grantee will hold this Conservation Easement exclusively for conservation purposes.
Grantee will not assign its rights and obligations under this conservation easement except to another
organization qualified to hold such interests under the applicable state laws.
10. If any provision of this Conservation Easement or the application thereof to any person or
circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement
shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved.
11. All notices, consents, approvals or other communications hereunder shall be in writing and
shall be deemed properly given if sent by United States certified mail, return receipt requested,
addressed to the appropriate party or successor-in-interest
12. This Conservation Easement may be amended, altered, released or revoked only by written
agreement between the parties hereto or their heirs, assigns or sucessors-in-interest, which shall be
filed in the public records in Collier County.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and
purpose imposed with this Conservation Easement shall be binding upon Grantor, and shall continue
as a servitude running in perpetuity with the Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee
simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of
this Conservation Easement and all mortgages have been joined or subordinated; that Grantor has
good right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants
and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and
year first above written.
ATTEST:
DWI(~HT E. BROCK, Clerk
s {gnat~r.e 0. ly.
BOARD OF COUNTY COMMISSIONERS
COLLI E.R'C~O-O NTY, FLORIDA
/'
By:
Accepted pursuant to District
Permit No. 11-01737-P dated
September 9, 1999.
OR: 2652 PG: 1897
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES' FLORIDA 34126
(941) 774-8192
8
EXHIBIT
LEGAL DESCRIPTION (NOT A SURVEY)
PROJECT NO..
PARCEL NO...
FOLIO NO...
~q
COMMENCING AT THE NORTHEAST CORNER'OF SECTION 30, TOWNSHIP 50 SOUTH, RANGE 27
EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 0 DEGREES 11 MINUTES 20 SECONDS
WEST ALONG THE EAST LINE OF SAID SECTION 30, A DISTANCE OF 2113.11 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG SAID LINE, A DISTANCE OF
525.75 FEET; THENCE SOUTH 88 DEGREES 57 MINUTES 34 SECONDS WEST, A DISTANCE OF
1412.28 FEET; THENCE NORTH 0 DEGREES 01 MINUTE 40 SECONDS WEST, A DISTANCE OF
539.55 FEET; THENCE NORTH 89 DEGREES 31 MINUTES 13 SECONDS EAST, A DISTANCE OF
1414.09 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 17.278
ACRES (752,646 SQUARE FEET), MORE OR LESS.
BASIS OF BEARINGS IS THE EAST LINE OF SECTION 30 BEING S 00 DEGREES 11
MINUTES 20 SECONDS WEST.
~/GEORGE R. RICHMOND
PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 SHEET 1 OF 2
*** OR: 2652 PG: 1898 ***
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES' FLORIDA 34 126 B 8
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
SABAL PALM ROAD 60' R/W
N.E COR. SEC. 30
1 TWP. 50S,RGE 27E. ~ =
tl N 89o31'13"E E/LINE SEC. 30
P.O.B.
S 88°57'34TM
1412.28'
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4) TWP. = TOWNSHIP
5) RGE. = RANGE
6) R/W = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DRAWN BY GHI-'GKEO BY SCALE DATE FILE NO,
NOT TO SCALE JANUARY 17, 2000 MM17AC SHEET 2 OF 2