Agenda 03/22/2022 Item #16C1 (Donation Agreement - Conservation Collier Robert H. Gore Preserve)16.C.1
03/22/2022
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a Donation Agreement with Carol
L Rudnick for a 1.59-acre parcel under the Conservation Collier Land Acquisition Program, at a
cost not to exceed $700. (Conservation Collier Fund 172)
OBJECTIVE: Acceptance of a donation of a 1.59-acre parcel adjacent to the Conservation Collier Dr.
Robert H. Gore III Preserve.
CONSIDERATIONS: On May 25, 2021, Agenda Item #11H, the Board of County Commissioners
(Board) approved staff to send out letters in certain target areas to see if there were any willing property
owners wishing to sell.
Carol L. Rudnick is desirous to convey a 1.59-acre parcel adjacent to the Conservation Collier Dr. Robert
H. Gore III Preserve to the Conservation Collier Program. The property is within Golden Gate Estates,
Unit 91. The Real Property Management's Review Appraiser values this 1.59-acre parcel at $20,700.
At their October 11, 2021 meeting, the Collier County Land Acquisition Advisory Committee
(CCLAAC) approved and voted to recommend Board approval and execution of a Donation Agreement.
Pursuant to Ordinance 2007-65, Section 13(8), a Project Design Report for the property is provided
herewith.
FISCAL IMPACT: The total cost of the conveyance will not exceed $700 for the title commitment, title
policy, and recording of documents. The funds will be withdrawn from the Conservation Collier Trust
Fund (172). Due to its environmental condition and its proximity to the existing Panther Walk Preserve,
this 1.59-acre donation is not anticipated to substantially increase the Conservation Collier Dr. Robert H.
Gore III Preserve perpetual operations and maintenance cost estimates that have already been considered
by the CCLAAC and incorporated into the Conservation Collier Long Term Financial Management Plan.
LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a
majority vote for approval. - JAB
GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent
with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier
County Growth Management Plan.
RECOMMENDATION: Staff is recommending that the Board:
1) Approves and accepts a Donation Agreement and Warranty Deed once it has been received and
approved by the County Attorney's Office; 2) Authorizes the Chairman to execute the Donation
Agreement and any and all other County Attorney's Office approved documents related to this
transaction; and 3) Directs the County Manager or his designee to proceed to acquire this parcel, to follow
all appropriate closing procedures, to record the deed and any and all necessary documents to obtain clear
title to this parcel, and to take all reasonable steps necessary to ensure performance under the Agreement.
Prepared by: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist, Facilities Management
Division
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16.C.1
03/22/2022
ATTACHMENT(S)
1. Donation Agreement Signed 2-3-2022 (PDF)
2. Rudnick Project Design Report- Gore Project (PDF)
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16.C.1
03/22/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.1
Doe ID: 21261
Item Summary: Recommendation to approve and authorize the Chairman to sign a Donation
Agreement with Carol L Rudnick for a 1.59-acre parcel under the Conservation Collier Land Acquisition
Program, at a cost not to exceed $700. (Conservation Collier Fund 172)
Meeting Date: 03/22/2022
Prepared by:
Title: Property Acquisition Specialist, Senior — Facilities Management
Name: Cindy Erb
02/ 16/2022 4:11 PM
Submitted by:
Title: Director - Facilities Maangement — Facilities Management
Name: Ed Finn
02/16/2022 4:11 PM
Approved By:
Review:
Public Services Department
Melissa Hennig
Additional Reviewer
Parks & Recreation
Summer BrownAraque Additional Reviewer
Operations & Veteran Services
Kimberley Grant
Additional Reviewer
Facilities Management
Ed Finn
Director - Facilities
Public Services Department
Todd Henry
Additional Reviewer
Parks & Recreation
Barry Williams
Additional Reviewer
Public Utilities Operations Support
Joseph Bellone
Additional Reviewer
Public Utilities Operations Support
Jennifer Morse
Additional Reviewer
Public Utilities Operations Support
AmiaMarie Curry
Additional Reviewer
Public Utilities Department
Drew Cody
Level 1 Division Reviewer
Public Utilities Department
Joseph Bellone
Level 2 Division Administrator Review
County Attorney's Office
Jennifer Belpedio
Level 2 Attorney of Record Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Growth Management Operations Support
Christopher Johnson
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
County Manager's Office
Geoffrey Willig
Level 4 County Manager Review
Completed 02/17/2022 8:20 AM
Completed 02/18/2022 11:26 AM
Completed 02/22/2022 2:57 PM
Completed 02/22/2022 6:54 PM
Completed 02/23/2022 9:36 AM
Completed 02/23/2022 11:28 AM
Completed 03/01/2022 1:53 PM
Completed 03/02/2022 10:38 AM
Completed 03/02/2022 4:42 PM
Completed 03/03/2022 10:59 AM
Completed 03/04/2022 3:38 PM
Completed 03/07/2022 1:40 PM
Completed 03/07/2022 1:54 PM
Additional Reviewer Completed
Completed 03/10/2022 4:30 PM
Completed 03/15/2022 9:41 AM
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16.C.1
03/22/2022
Board of County Commissioners Geoffrey Willig Meeting Pending 03/22/2022 9:00 AM
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16.C.1.a
CONSERVATION COLLIER
PROPERTY IDENTIFICATION NUMBER: 41502560007
DR. ROBERT H. GORE III PRESERVE
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between CAROL L. RUDNICK, (hereinafter referred to as "Owner"),
whose mailing address is 14300 W. Bell Road, Unit 454, Surprise, AZ 85374-9771, and
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns,
whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112, (hereinafter referred
to as "County").
WITNESSETH:
WHEREAS, Owner is the owner of that certain parcel of real property (hereinafter referred
to as "Property"), located in Collier County, State of Florida, and being more particularly
described in Exhibit "A", attached hereto and made a part hereof by reference; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property N
to the County for the stated purposes, on the terms and conditions set forth herein, said terms o
including that no compensation shall be due and payable for the Property requested by County;
and
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NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), N
and other good and valuable consideration, the receipt and sufficiency of which is hereby o
mutually acknowledged, it is agreed by and between the parties as follows: M
1. Owner shall convey the Property via a Warranty Deed to County at no cost to the
County, unless otherwise stated herein.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Property, the execution of such instruments which will remove,
release or subordinate such encumbrances from the Property upon their recording in the public
records of Collier County, Florida. Owner shall provide such instruments, properly executed,
to County on or before the date of Closing.
3. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within ninety (90) days from the date County executes this Agreement;
unless extended by mutual written agreement of the parties hereto. The Manager of Real
Property Management or designee is authorized to enter into such mutual written agreements
on behalf of the County for extensions of up to an additional sixty (60) days without further
approval by the Board of County Commissioners.
4. Owner is aware and understands that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
5. The County shall pay for all costs of recording the conveyance instrument, and
recording costs for any curative instruments, in the Public Records of Collier County, Florida.
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16.C.1.a
County shall be responsible for paying any costs and/or fees associated with the securing and
recording of a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded
against the Property from the mortgagee(s). All other costs associated with this transaction
including but not limited to transfer, documentary and intangible taxes shall be borne and paid
by Owner. The cost of a title commitment shall be paid by County.
6. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both parties and shall inure to the benefit of and be binding upon
the parties hereto and their respective heirs, executors, personal representatives, successors,
successor trustees, and/or assignees, whenever the context so requires or admits.
7. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written Agreement, including
all exhibits attached hereto, shall constitute the entire Agreement and understanding of the
parties, and there are no other prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein.
8. This Agreement is governed and construed in accordance with the laws of the State of
Florida
IN WITNESS WHEREOF, the Owner has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY BCC: r
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AS TO COUNTY:
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DATED: N
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court and Comptroller
, Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio, Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
WILLIAM L. MCDANIEL, JR., Chairman
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16.C.1.a
AS TO OWNER:
WITNESSES.
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Oftness #1 (Signature)
Witness #1 (Print Name)
CAROL L. RUDNICK
LI fAd -J�
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� n]ess 2 (Signs e)
U a R(,1-Z C iw
Witness #2 (Print Name)
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16.C.1.a
EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER: 41502560007
LEGAL DESCRIPTION:
THE EAST 105 FEET OF THE EAST 180 FEET OF TRACT 28, GOLDEN GATE
ESTATES, UNIT NO. 91, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 5, PAGE 30, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
1.59 acres
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16.C.1.b
Conservation Collier Land Acquisition Program
Project Design Report
Carol L. Rudnick property
Date: February 2022
Dr. Robert H. Gore III Preserve - Rudnick parcel
Legend
Gore area parcels in application
Dr. Robed H. Gore III Preserve
Q U_ t 5 0_ 3
Wes
hes
Property Owner: Carol L. Rudnick
Folios : 41502560007
Location: GOLDEN GATE EST UNIT 91 E 105FT OF TR 28 OR 651 PG 31
Size: 1.59 acres
Appraised Value: n/a as this is a donation
History of Proiect: The property owner submitted an application on July 6, 2021, after
receiving a letter as part of the target mailing for Acquisition Cycle 10. Letters were sent
to 73 parcels surround the existing 170-acre Dr. Robert H. Gore III preserve. Ms. Rudnick
indicated on her application that she would like to donate the land. The Conservation
Collier Land Acquisition Advisory Committee recommended this property as part of the
1
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16.C.1.b
A -list for Acquisition Cycle 10. Since this is a property adjacent to an existing preserve,
the CCLAAC recommended this property be moved forward being that it is a donation.
Purpose of Project: Environmental Conservation — Conservation Collier Program
Program Oualifications:
This parcel is located on the north side immediately adjacent to the existing Dr. Robert H.
Gore III preserve acquired by the Conservation Collier program in November 2018. The
Rudnick project met the Initial Screening Criteria identified in the Conservation Collier
Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for
nature -based recreational and educational opportunities, protection of water resource
values and wetland dependent species habitat, presence of significant biological/ecological
values, listed species habitat, connectivity, and restoration potential.
Potential access for nature -based recreation, and enhancement of the aesthetic setting
of Collier County
This parcel offers access from 36th Ave SE off Desoto Blvd — a paved public road. This
property could accommodate outdoor recreation, particularly due to the proximity to the
Gore preserve.
Opportunities for protection of water resource values, including aquifer recharge, water
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quality enhancement, protection of wetland dependent species habitat, and flood control
The parcel has many wetland dependent plant species and contains karst topography, which
is a wetland indicator, despite soils that indicate that wetlands may also be seasonal. The
a
Rudnick parcel has a developed property connected to its eastern edge and may provide
a,
Property enhances and/or protect the environmental value of current conservation lands
through function as a buffer, ecological link, or habitat corridor
The interest in acquiring in this area began in 2007 to accumulate properties at the south
side of NGGE just north of I-75, where there were concerns of flooding due to a large,
proposed pump installation at the Merritt canal, as part of the South Golden Gate Estates
restoration (Picayune Strand Restoration Project). Pumps were installed in 2013 and
flooding has not occurred.
This parcel, joined with many others, could permanently protect a corridor between North
Belle Meade and the Florida Panther National Wildlife Refuge.
Zoning, Growth Management and Land Use Overlays: The Gore project parcels are
entirely within the Northern Golden Gate Estates. The zoning classification for all the
parcels is Estates (E), a rural residential classification. There are no additional land use
overlays applicable.
Projected Management Activities: No hydrologic changes are necessary to maintain
wetland characteristics on the project site. Projected management activities include the
Packet Pg. 544
16.C.1.b
removal of invasive exotic plants, the development of a Land Management Plan, and
continued development of public access to selected portions of the preserve.
Dr. Robert H. Gore ICI Preserve - Rudnick parcel
Legend
Dr Robert H. Gare III Preserve
RUDNICK, CAROL L
cow snow
1
Miles
Packet Pg. 545
CONSERVATION COLLIER
PROPERTY IDENTIFICATION NUMBER: 41502560007
DR. ROBERT H. GORE III PRESERVE
INSTR 6315824 OR 6179 PG 2655
RECORDED 10/1012022 1:25 PM PAGES 2
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
DOC@.70 $0.70 REC $18.50
WARRANTY DEED
THIS WARRANTY DEED is made this day of
2022, by CAROL L. RUDNICK, (hereinafter referred to as "Grantor"), whose mailing
address is 14300 W. Bell Road, Unit 454, Surprise, AZ 85374-9771, to COLLIER
COUNTY, a political subdivision of the State of Florida, its successors and assigns,
whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, Florida,
34112 (hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective
heirs, legal representatives, successors and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other valuable consideration, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and
confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit:
THE EAST 105 FEET OF THE EAST 180 FEET OF TRACT 28, GOLDEN GATE
ESTATES, UNIT NO. 91, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 5, PAGE 30, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
PROPERTY IDENTIFICATION NUMBER: 41502560007
Subject to easements, restrictions, and reservations of record.
THIS IS VACANT, UNIMPROVED, AND NOT HOMESTEAD PROPERTY.
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully
seized of said land in fee simple; that the Grantor has good right and lawful authority to
sell and convey said land; that the Grantor hereby fully warrants the title to said land
and will defend the same against the lawful claims of all persons whomsoever; and that
said land is free of all encumbrances except as noted above.
his Conveyance Approved By
The Board Of County
Comnzissionz.,;
Coilier ,",nunty Florida,
P . iir To Agar, la
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IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents
the day and year first above written.
WITNESSES:
Witne #1 (Signature)
Witness XQPrint Name)
Witness #2'(S1gnatu�--j'" /
Witness #2 (Print Name)
STATE OF Zz
COUNTY OF —C14 11
&1�- - A'eo�ll
CAROL L. RUDNICK
The foregoing Warranty Deed was acknowledged before me by means of V1 physical
presence or ❑ online notarization this Gf� day of �T.J` f� -Q— , 2022 y Carol L.
Rudnick. Such person(s) Notary Public must check applicable box:
❑ are personally known to me.
Pproduced her current driver license.
❑ produced
(Notary Seal)
isSWY LARSEN
W" Public • State of nrimna
MARICOFA COUNTY
Commission All 5W375
Expites July 21, 2024
to Aorrp and Ipgality:
as identification.
otary u is
Printed Name of Notary: to—�
Commission Number:
My Commission Expires: (7
�alr�t-Jomks14j , Assistant County Attorney