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Agenda 04/26/2022 Item #16C 1 (Donation Agreement for CCLAC - Selvig)04/26/2022 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign a Donation Agreement with Maribeth L. Selvig for a 1.14-acre parcel under the Conservation Collier Land Acquisition Program at a cost not to exceed $800. OBJECTIVE: Acceptance of a donation of a 1.14-acre parcel within the Panther Walk Preserve target area. CONSIDERATIONS: On January 25, 2022, Agenda Item 11A, the Board of County Commissioners (Board) approved a Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommended Cycle 10 Active Acquisition List (AAL). Maribeth L. Selvig is desirous to convey a 1.14-acre parcel within the Panther Walk Preserve target area to the Conservation Collier Program. Acceptance of this parcel by Conservation Collier will se rve to further the protection of environmentally sensitive lands within the Panther Walk Preserve. The property is within Golden Gate Estates, Unit 47. The Real Property Management’s Review Appraiser values this 1.14-acre parcel at $29,000. At their December 9, 2021, meeting, the 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 $800 for the title commitment, title policy, and recording of documents. The funds will be withdrawn from the Conservation Collier Trust Fund (172). Because of its environmental condition and its proximity to the existing Panther Walk Preserve, this 1.14-acre donation is not anticipated to substantially increase the Conservation Collier Panther Walk 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: 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 ATTACHMENT(S) 1. Signed Donation Agreement (PDF) 2. Selvig-PDR-PWP 3-9-22 (PDF) 16.C.1 Packet Pg. 761 04/26/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.1 Doc ID: 21557 Item Summary: Recommendation to approve and authorize the Chairman to sign a Donation Agreement with Maribeth L. Selvig for a 1.14-acre parcel under the Conservation Collier Land Acquisition Program, at a cost not to exceed $800. Meeting Date: 04/26/2022 Prepared by: Title: Property Acquisition Specialist, Senior – Facilities Management Name: Cindy Erb 03/15/2022 1:30 PM Submitted by: Title: Director - Facilities Maangement – Facilities Management Name: Ed Finn 03/15/2022 1:30 PM Approved By: Review: Public Services Department Melissa Hennig Additional Reviewer Completed 03/15/2022 1:32 PM Facilities Management Ed Finn Director - Facilities Completed 03/15/2022 7:04 PM Parks & Recreation Summer BrownAraque Additional Reviewer Completed 03/18/2022 8:52 AM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 03/18/2022 3:12 PM Parks & Recreation Olema Edwards Additional Reviewer Completed 03/27/2022 5:45 PM Public Services Department Todd Henry Additional Reviewer Completed 03/28/2022 10:40 AM Operations & Veteran Services Kimberley Grant Additional Reviewer Completed 03/28/2022 11:40 AM Public Services Department Tanya Williams Additional Reviewer Completed 03/28/2022 2:41 PM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 03/29/2022 11:16 AM Public Utilities Department Joseph Bellone Level 2 Division Administrator Review Completed 03/29/2022 11:21 AM Facilities Management Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/30/2022 10:15 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/30/2022 10:31 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/30/2022 11:15 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 04/04/2022 1:39 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 04/18/2022 9:49 AM Board of County Commissioners Geoffrey Willig Meeting Pending 04/26/2022 9:00 AM 16.C.1 Packet Pg. 762 CONSERVAT10N COLLlER PROPERTY IDENTIFICAT10N NUMBER: 39150640006 PANTHER WALK PRESERVE DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between MARIBETH L. SELVIG, a single person (hereinafter referred to as "Ownel'), whose mailing address is 1 102 1Oth Street SW, Rochester, MN 55902-20g2, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335Tamiami 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 refened 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 to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Warranty Deed to County at no cost to the County, unless othenrise 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 one hundred eighty (180) 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. 1 16.C.1.a Packet Pg. 763 Attachment: Signed Donation Agreement (21557 : Conservation Collier - Selvig Donation) 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 Propefi 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 lN WITNESS WHEREOF, the Owner has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATED: ATttEST: CRYSTAL K KINZEL,Clerk ofthe Circul Court and Comptroller , Deputy Clerk Approved as to form and legality. Jennifer A. Belpedio, Assistant County Attorney BOARD OF COUN7Y COMMISSiONERS COLLiER COUNTY,FLORIDA llVILLIAM L MCDAN!EL,JR,Chairman BY: く゛ぽ 16.C.1.a Packet Pg. 764 Attachment: Signed Donation Agreement (21557 : Conservation Collier - Selvig Donation) AS T0 01/VNER: Witness #2 (Print Name) 5%ん dra_ `。 げヽ -//r'/L f rtt/.ra,- Wtness#1(Pttnt Name) ∫ WIT)月｀SES: 16.C.1.a Packet Pg. 765 Attachment: Signed Donation Agreement (21557 : Conservation Collier - Selvig Donation) EXHIBIT“A" PROPERTY IDENTIFICAT10N NUMBER: 39150640006 LECAL DESCRIPT10N: THE WEST 75 FEET OF TRACT 92.GOLDEN GATE ESTATES,UNIT N0 47, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7. PAGE 32,OF THE PUBLIC RECORDS OF COLL ER COUNTY,FLORIDA 1.14 acres ∫ 16.C.1.a Packet Pg. 766 Attachment: Signed Donation Agreement (21557 : Conservation Collier - Selvig Donation) 1 Conservation Collier Land Acquisition Program Project Design Report Maribeth L. Selvig Property Date: March 2022 Property Owner: Maribeth L. Selvig Folio(s): 39150640006 Location: GOLDEN GATE EST UNIT 47 W 75FT OF TR 92 Size: 1.14 acres Appraised Value: n/a as this is a donation History of Project: The property owner submitted an application on July 7, 2021, after receiving a letter as part of the target mailing for Acquisition Cycle 10. Letters were sent to the owners of 325 parcels encompassing the Horsepen Strand and Panther Walk Preserve area. Ms. Selvig 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 A-list for Acquisition Cycle 10. Since this is a property near 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 Qualifications: This parcel is located in the upper section of the Horsepen Strand north or the Panther Walk Preserve. The Selvig parcel 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 70th Ave NE off of Everglades Blvd – a paved public road. This property could accommodate seasonal outdoor recreation, particularly due to the proximity to the Panther Walk Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control The parcel is part of the greater Horsepen Strand flow way and contains a portion of a freshwater marsh. This parcel is home to many wetland dependent species of flora and fauna. Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor This parcel, when joined with many other, can protect the flow of both wildlife and water through the Horsepen Strand. 16.C.1.b Packet Pg. 767 Attachment: Selvig-PDR-PWP 3-9-22 (21557 : Conservation Collier - Selvig Donation) 2 Zoning, Growth Management and Land Use Overlays: The Panther Walk and Horsepen Strand 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 removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. SEE PAGES 3 AND 4 FOR AEIRAL MAPS OF THE PARCEL. 16.C.1.b Packet Pg. 768 Attachment: Selvig-PDR-PWP 3-9-22 (21557 : Conservation Collier - Selvig Donation) 3 16.C.1.b Packet Pg. 769 Attachment: Selvig-PDR-PWP 3-9-22 (21557 : Conservation Collier - Selvig Donation) 4 16.C.1.b Packet Pg. 770 Attachment: Selvig-PDR-PWP 3-9-22 (21557 : Conservation Collier - Selvig Donation)