Agenda 06/28/2022 Item #16C 5 (Sale/Purchase Agreement w/Joseph J. Popp - Conservation Collier)06/28/2022
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase with Joseph J. Popp, as Trustee
of the River Rd. 19 Land Trust dated December 15, 2017, for 19.40 acres under the Conservation
Collier Land Acquisition Program, at a cost not to exceed $639,050.
OBJECTIVE: To purchase a 19.40-acre parcel from Joseph J. Popp, as Trustee of the River Rd 19 Land
Trust dated December 15, 2017 (Seller).
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), with changes, and directed staff to actively
pursue acquisition of the properties under the Conservation Collier Program.
The Seller’s property contains 19.40 acres and is located within Section 30, Township 48 South, Range
27 East adjacent to Conservation Collier’s Rivers Road Preserve. The Rivers Road Preserve is located
south of Immokalee Road between Rivers Road and Moulder Drive.
In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $630,000
was based upon two (2) independent, state-certified general real estate appraisal firms. The cost to obtain
appraisals was $3,300.
The South Florida Wildlands Association (SFWA) initiated contact with the Conservation Collier
Program advising they had received a monetary donation whereby the donor wanted the funds to be used
towards the purchase of land to protect wildlife habitat in South Florida. The SFWA brokered the
donation of $6,000 from donors Alex and Geddes Rubinsteyn. This donation will be utilized towards the
acquisition of the Popp property and Alex and Geddes Rubinsteyn are to be recognized as the donors.
The attached Agreement provides that should the County elect not to close this transaction for any reason,
except for default by the Sellers or if the Environmental Assessment results are not acceptable for any
reason, the County will pay the Sellers $3,150 in liquidated damages.
The CCLAAC approved this transaction on June 1, 2022 and voted to recommend Board approval and
execution of the attached 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 acquisition will not exceed $639,050 ($630,000 for the property,
$2,000 for Phase I, Environmental Assessment, $3,300 for the appraisals, and approximately $3,750 for
the title commitment, title policy, and recording of documents). The funds will be withdrawn from the
Conservation Collier Trust Fund (172). Donation funds in the amount of $6,000 will be deposited into the
Conservation Collier Trust Fund (172). As of June 28, 2022, property costs for Conservation Collier
properties, including this property and those under contract, total $108,589,947. Estimated costs of
maintenance in perpetuity for this and all Cycle 10 A-list properties have been considered by the
CCLAAC and have been incorporated into the Conservation Collier Long Term Financial Management
Plan that will ensure management of all Conservation Collier Preserves in perpetuity.
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
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County Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. -RTT
RECOMMENDATION: To
1) Approves the attached Agreement and accepts the Warranty Deed once it has been received and
approved by the County Attorney’s Office; 2) Authorizes the Chairman to execute the Agreement and any
and all other County Attorney’s Office approved documents related to this transaction; 3) Authorizes the
County Manager or his designee to prepare related vouchers and Warrants for payment; 4) Authorizes all
Budget Amendments associated with accepting and recognizing the monetary donation; and 5) 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, Senior Property Acquisition Specialist, Facilities Management Division
ATTACHMENT(S)
1. Signed Agreement (PDF)
2. Popp PDR_6-28-22_BCC (PDF)
3. SFWA Letter to CC with signature (PDF)
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06/28/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.5
Doc ID: 22334
Item Summary: Recommendation to approve an Agreement for Sale and Purchase with Joseph J.
Popp, as Trustee of the River Rd. 19 Land Trust dated December 15, 2017, for 19.40 acres under the
Conservation Collier Land Acquisition Program, at a cost not to exceed $639,050.
Meeting Date: 06/28/2022
Prepared by:
Title: Property Acquisition Specialist, Senior – Facilities Management
Name: Cindy Erb
05/26/2022 4:13 PM
Submitted by:
Title: Director - Facilities Maangement – Facilities Management
Name: Ed Finn
05/26/2022 4:13 PM
Approved By:
Review:
Parks & Recreation Olema Edwards Additional Reviewer Completed 05/26/2022 4:36 PM
Public Services Department Melissa Hennig Additional Reviewer Completed 05/27/2022 7:13 AM
Parks & Recreation Summer BrownAraque Additional Reviewer Completed 05/27/2022 8:26 AM
Facilities Management Jennifer Belpedio Manager - Real Property Completed 05/27/2022 12:51 PM
Facilities Management Ed Finn Director - Facilities Completed 05/27/2022 5:23 PM
Public Services Department Tanya Williams Additional Reviewer Completed 05/31/2022 8:21 AM
Operations & Veteran Services Kimberley Grant Additional Reviewer Completed 05/31/2022 1:03 PM
Public Services Department Todd Henry Additional Reviewer Completed 05/31/2022 1:08 PM
Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Completed 06/06/2022 7:59 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 06/07/2022 12:17 PM
County Attorney's Office Ronald Tomasko Additional Reviewer Completed 06/07/2022 4:55 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 06/08/2022 1:44 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/08/2022 2:08 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/08/2022 2:23 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/08/2022 3:48 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 06/22/2022 8:25 AM
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Board of County Commissioners Geoffrey Willig Meeting Pending 06/28/2022 9:00 AM
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Packet Pg. 812 Attachment: Signed Agreement (22334 : Conservation Collier - Popp)
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Packet Pg. 813 Attachment: Signed Agreement (22334 : Conservation Collier - Popp)
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Packet Pg. 814 Attachment: Signed Agreement (22334 : Conservation Collier - Popp)
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Packet Pg. 815 Attachment: Signed Agreement (22334 : Conservation Collier - Popp)
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Packet Pg. 816 Attachment: Signed Agreement (22334 : Conservation Collier - Popp)
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Packet Pg. 817 Attachment: Signed Agreement (22334 : Conservation Collier - Popp)
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Packet Pg. 818 Attachment: Signed Agreement (22334 : Conservation Collier - Popp)
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Packet Pg. 819 Attachment: Signed Agreement (22334 : Conservation Collier - Popp)
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Packet Pg. 820 Attachment: Signed Agreement (22334 : Conservation Collier - Popp)
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Packet Pg. 821 Attachment: Signed Agreement (22334 : Conservation Collier - Popp)
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Packet Pg. 822 Attachment: Signed Agreement (22334 : Conservation Collier - Popp)
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Packet Pg. 823 Attachment: Signed Agreement (22334 : Conservation Collier - Popp)
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Conservation Collier Land Acquisition Program
Project Design Report
Date: June 2022
Popp Parcel – Rivers Road Preserve
Property Owner: Joseph J. Popp, Trustee, River Rd 19 Land Trust dated December 15,
2017
Folio(s): 00217520001
Location: Rivers Road south of Immokalee Road, adjacent to Rivers Road Preserve,
Section 30, Township 48, Range 27, Collier County
Size: 19.4 acres
Appraisal/Offer Amount: $630,000
History of Project:
Received
application
Selected for the
“A” category, #1
priority, on the
Active
Acquisition List
by CCLAAC
Selected for the
“A” category, #1
priority, on the
Active
Acquisition List
by BCC
Purchase offer
made to owners
Offer Accepted
03/09/2021 12/09/2021 01/25/2022 04/20/2022 04/28/2022
16.C.5.b
Packet Pg. 824 Attachment: Popp PDR_6-28-22_BCC (22334 : Conservation Collier - Popp)
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Purpose of Project: Environmental Conservation – Conservation Collier Program
Program Qualifications:
The Popp parcel is a 19.4-acre addition to ten previously acquired parcels totaling 76.74
acres now known as the Rivers Road Preserve. The acquisition of the Popp parcel will
bring the total size of the Rivers Road Preserve to 96.14 acres. Conservation Collier has
also made on offer on two additional parcels ranked as an A property during Cycle 10
adjacent to this preserve. The Popp parcel was evaluated by the Conservation Collier
Land Acquisition Advisory Committee and found to fulfill program qualifications by
satisfying all applicable screening criteria, 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.
The Popp parcel contains 100% hydric soils, supporting numerous species of wetland
dependent plants. Two types of native vegetative communities have been identified on
the parcel using Geographical Information Systems (GIS) mapping and staff observation:
cypress-pine-cabbage palm and hydric pine flatwoods. Two species of listed Bromeliads
were found on the property. The parcel also contains significant exotic plant infestation,
constituting between 50% and 75% of the plant cover, with Brazilian pepper, air potato,
Caesar weed being the primary concerns.
Regarding protection of water resources, this area is GIS mapped as one of the highest
areas for recharge in Collier County to the Lower Tamiami (21–102 inches annually) and
surficial aquifer (56-67 inches annually). Acquisition of the Popp parcel will offer
opportunities for protection of water resource values, including aquifer recharge
protection of wetland dependent species habitat and flood control.
Many native species of birds, including hawks, woodpeckers and wild turkey have been
observed by staff during site visits in this area. The habitat found on the Popp parcel
would support the presence of listed bird species including snowy egret, little blue heron,
white ibis, tri-colored heron and wood stork. There is photographic evidence of the
presence of Florida black bear and Florida Fish and Wildlife Conservation Commission
telemetry data documenting use of the area by Florida panthers.
Currently, there exists a forested ecological link from The Rivers Road Preserve, which
would include the Popp parcel, northward under Immokalee Road via underpass, through
a preserve area in the Twin Eagle development to Bird Rookery Swamp, Corkscrew
Swamp Sanctuary and the Corkscrew Regional Ecosystem Watershed lands. To the east
and directly adjoining the Rivers Road Preserve is a conservation corridor negotiated via
private sector agreements between the Florida Wildlife Federation and Bonita Bay
Properties, the landowner. Adjoining to the south are preserve lands belonging to the
Olde Florida Golf Club. Acquisition of the Popp parcel would increase the size of
existing contiguous conservation lands and expand private sector efforts to protect a
forested corridor that is heavily used by wildlife.
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Packet Pg. 825 Attachment: Popp PDR_6-28-22_BCC (22334 : Conservation Collier - Popp)
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The parcel can be accessed through the existing Rivers Road Preserve via Rivers Road, a
private unpaved road on the south side of Immokalee Road, across from the Twin Eagle
Development. There are opportunities at this preserve for public recreation such as
hiking, wildlife photography, bird watching and environmental education for school age
children. The current zoning designation is Agriculture with a Mobile Home Overlay (A-
MHO) and this area is designated as “receiving” lands under the Rural Fringe Mixed Use
District Transfer of Development Rights Program.
Projected Management Activities:
No hydrologic changes are necessary to sustain wetland characteristics. Projected
management activities include removal of invasive, exotic plants and evaluation of the
parcel for placement of trails to increase the length of the public trail system that already
exists at Rivers Road Preserve.
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Packet Pg. 826 Attachment: Popp PDR_6-28-22_BCC (22334 : Conservation Collier - Popp)
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Packet Pg. 827 Attachment: SFWA Letter to CC with signature (22334 : Conservation Collier - Popp)
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Packet Pg. 828 Attachment: SFWA Letter to CC with signature (22334 : Conservation Collier - Popp)