Pepper Ranch
EXECUTIVE SUMMARY
Request that the Board of County Commissioners provide direction with respect to whether the County should
close on the Pepper Ranch transaction, in light of the proposed easement through the Pepper Ranch and whether
the County should reduce the purchase price to reflect the bond carrying costs and the reduction in value to the
Pepper Ranch due to the access.
OBJECTIVE: To obtain direction from the Board of County Commissioners ("Board") with respect to whether the
County should close on the Pepper Ranch transaction, in light of the proposed easement through the Pepper Ranch and
whether the County should reduce the purchase price to reflect the bond carrying costs and the reduction in value to the
Pepper Ranch due to the access.
CONSIDERATIONS: On November 18, 2008, the Board approved an Agreement for the Sale and Purchase of the
Pepper Ranch in the sum of $32,525,080.02. The Agreement provided that closing for the transaction was to occur on or
before December 31, 2008, and a closing date was scheduled for Monday, December 29, 2008. On or about
December 24, 2008, the County Attorney was advised by staff that an issue had arisen with respect to this transaction. A
letter dated December 17, 2008, from Barron Collier Investments Ltd. ("Barron Collier"), had been forwarded to the
County. The letter states in relevant part as follows:
"Over the last several years, we have discussed Collier Companies' access over the Pepper Ranch property to
Barron Collier lands. Barron Collier Companies and their tenants have used the access road that runs though
the Pepper Ranch property for access to their lands. This road is the only access to the Barron Collier
property west of Lake Trafford. We requested that the owner of the property specifically grant Barron Collier
an easement for ingress and egress. At present this has not been formally recorded.
Now that the owner is in negotiations with Collier County to sell the Pepper Ranch property, it is critical that
Barron Collier's prescriptive and statutory rights over the Pepper Ranch road be formally recognized in the
Public Records. Our hope is that we can quickly resolve this matter by the recording of an access easement
without the need for Barron Collier to take any action to involve Collier County. Please understand that the
road in question is Barron Collier's only practicable access to its lands and, therefore, of vital importance. If
this issue cannot be resolved quickly, Barron Collier will need to seek to protect its rights to access over the
road and will need to make sure the County is formally noticed regarding this issue. I hope that this will not
be necessary. Please let me know by December 24, 2008, if the owner of the Property will agree to grant
Barron Collier Companies an easement."
By this letter, Barron Collier claimed both an unrecorded prescriptive easement and a statutory right of necessity over the
Pepper Ranch. A prescriptive easement is a right to use another person's property that is acquired by use without
permission of the owner over a period of at least 20 years, similar to acquiring property through "squatter's rights." A
statutory right of necessity (Florida Statutes Sec. 704.04) occurs when land is considered "landlocked," requiring access
through another's land, the location and type of which access a Court will determine and then fix compensation for (the
process is akin to a private cause of action for eminent domain).
The letter also claimed that the owners of the Pepper Ranch were aware of this issue. This issue was never disclosed to
the County.
The County Attorney, along with Alex Sulecki, met with the Owner's representatives on Monday, December 29th. The
result of this meeting was that the County requested a letter to be signed by Barron Collier withdrawing their claim as a
precondition to the County closing on this transaction, which closing could occur up to December 31, 2008. The owner
and Barron Collier were unable to resolve the issue, and the parties mutually agreed that (1) the closing would not occur;
(2) the issue would be brought to the Board for direction; and (3) the issue would be presented to the Conservation Collier
Land Acquisition Committee (CCLAAC), which was scheduled to meet January 12, 2009, for review and
recommendation for the Board. Both the owner and Barron Collier were asked to attend both meetings to answer
questions. But for this last minute issue, the County was ready, willing and able to close on this transaction.
The following approaches were considered by the CCLAAC on January 12,2009 (Agenda item IV.E.) and by the Board
on January 13,2009 (Agenda Item 12.A.).
(1) Proceed with the transaction as is, and deal with Barron Collier if and when they assert the issue.
(2) Proceed with the transaction, however, as a precondition to closing, require the Owner to provide the County with a
defend and hold harmless agreement, in a form acceptable to the County Attorney, which would indemnify the
County from all costs associated with any claim brought by Barron Collier. This approach would eliminate any
litigation costs to the County should Barron Collier elect to enforce its claimed rights, but would be otherwise
ineffective if a Court ultimately held that Barron Collier was entitled to some form of access over the Ranch. If the
Court concluded that Barron Collier had a prescriptive easement over the Ranch, the County would receive no
compensation. If a Court were to conclude that Barron Collier was entitled to a statutory right of necessity (Florida
Statutes Sec. 704.04) because their property is otherwise landlocked, the Court would award the County fair market
compensation. To help insure against a decision that Barron Collier had a prescriptive easement over the Ranch, as
a further precondition to closing, the County could have an additional sum placed in escrow, with all costs of
escrow paid by the Owner, in an amount reflecting the estimated fair market value for the prescriptive easement, as
determined by an appraisal.
(3) Before proceeding with closing, attempt to eliminate the issue by directing staff to enter into discussions with both
the Owner and Barron Collier, bringing back any proposed resolution to the Board. One approach for these
discussions would be Barron Collier agreeing to purchase an access easement in the estimated fair market value for
such an easement, as determined by an appraisal, and reducing the purchase price accordingly. Since these are
conservation lands, any access for Barron Collier would have to be expressly limited with respect to type and
frequency, with Barron Collier agreeing on behalf of themselves and their successors not to seek expansion of such
access rights. Discussions of this nature are currently being held, with the hope that a proposed resolution will be
presented to the Board.
(4) Direct the County Attorney to exercise the County's legal rights and rescind the transaction. From a litigation
standpoint, if the owner was in fact aware of Barron Collier's access claim and did not disclose this claim during the
negotiations, and if this access issue is considered to be material to the transaction, the County would have a claim
against the Owner for the damages it incurred, and continues to incur, with respect to this transaction. With respect
to any claim that the Owner might have, paragraph 11.02 of the Agreement provides for the County paying
$100,000 in liquidated damages should it fail to close on the transaction as Owner's sole remedy.
The recommendation of the CCLAAC was to prefer option #3. However, if#3 were not possible, to proceed with option
#2, adding indemnification for the County, involvement of the County in all negotiations, no utilities in any easement and
no hardening or paving of the trail. On January 13, 2009, the Board elected to pursue option #3, making sure that
whatever easement is granted did not diminish the County's ability to obtain the maximum number of Panther Habitat
Units otherwise available from United States Fish and Wildlife Services, and to address a reimbursement to the County of
carrying costs for the transaction incurred by the County from the original scheduled date of closing, December 29, 2008,
to the date of actual closing. Parties were to conduct negotiations with all possible speed, with a goal of returning to the
Board with a resolution to the issue in 2 weeks. To that end, on January 22, 2009, Barron Collier, Lake Trafford Ranch
and the County participated in mediation at no cost to the County. As a result of the mediation, the attached easement is
being proposed to Collier County which meets the Board's requirements with the exception of a reduction in purchase
price for the access easement.
Real Property Management staff estimates the value of a 30-foot wide access easement to be approximately $225,000 and
estimates the value ofa 15 foot wide easement to be approximately $ 112,500. However, the existing trail is 15 feet wide.
The Board will need to determine whether a 15-foot or 30-foot wide easement is acceptable.
2
This access easement contains language that was previously requested by United States Fish and Wildlife Services
("USFWS") so as not to diminish the County's ability to obtain the maximum number of Panther Habitat Units. On
January 23,2009, USFWS was provided a copy of the proposed easement and responded that, as written, the easement is
expected to result in "little loss of panther habitat value." In order to quantify the loss and provide a more
definite opinion, USFWS will need to review the specifics of the road location and existing condition. Staff will
update the Board at the January 27, 2009 meeting as to any further USFWS opinion.
Staff recommends that the Board close on the transaction after a 15 foot wide or 3
executed and recorded in the public records. If this recommendation is followed, it i
whether the purchase price should be reduced for the diminution in value of the propel
the County ultimately closes, the County has not incurred an additional carrying costs ot .J~.-. 1 8 ' '7 :5 0 . 00-1-
the transaction closed on December 29, 2008. The County's in house appraiser has esti ,......~ ~ ~ 84 cl . 06 T
Ranch would be reduced by $225,000 ifthe proposed access easement was reco~d. ~ ~ 5,500-00 t
@ ~ fIFM~'" ~ 15,000. ou+
FISCAL IMPACT: On November~ 2008, Collier County closed on $13,2 ,204 in . ~ 44.46+
with Sun Trust Equipment and Fin~ing Lease Corp. This financing was pursuant "tJ, ..... 40' 1 42 . 52*
action on November 18, 2008 (Agenda Item 10F), and was implemented as a mear:
property (Companion Agenda Item 10E). This Bond, known as the Series 2008 Bond, is ::.'"'J1"u....~_ .- - .
principal and biannual interest payments through January 2013. rc;.'hl~<<' X
In order to procure this financing the County incurred ap~imatelY $44,204 in fees and closing costs; the total cost of
interest payments to be made throughout the life of the debt is $1 ,462,41 ~3 ($50,428 is the average monthly interest
accrual). In order to acquire an interest rate of 4.138%, considering the ~atively short life of the Bond, the County
agreed to the inclusion of certain pre-payment penalties, described below, within the Bond Resolution.
0-*
With the unanticipated postponement of this property acquisition and considering language within the Bond agreement,
financial implications include: ~~ .
1. Should the sale not occur and Collier nt): ecide to pre-pay the $13,244,204 Bond, the County would be
responsible for approximately $397,30 . prepayment penalties representing 3% of the total financing. In
addition, the County would be responsible for any unpaid interest accrued to the date of pre-payment.
2. The County could opt to use the funds in connection with other Conservation Collier land purchases and not incur
pre-payment penalty charges. Under this option the funds are available for current spending and interest
payments would become due and paid over the life of the indebted) - <JQ>.?"'-
3. Should the County decide to spend the Bond proceeds on other II
regarding the timeliness of expending these funds. Other land pu
an amendment to the current financing resolution. -- i))Ttr.6-J
GROWTH MANAGEMENT IMP ACT: None.
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LEGAL CONSIDERATIONS: Dependant upon Board direction. This
majority vote. JAK
RECOMMENDATION: That the Board of County Commissioners 1
County should close on the Pepper Ranch transaction, in light of the pro)
Pepper Ranch and whether the County should reduce the purchase pI
reduction in value to the Pepper Ranch due to the access.
Prepared Bv: Jeffrey A. Klatzkow, County Attorney
Jennifer B. White, Assistant County Attorney
3
Alex Sulecki, Sr. Environmental Specialist.
Fiscal Impact Prepared Bv: John Yonkosky, Director, Office of Management and Budget
4
ACCESS EASEMENT
THIS ACCESS EASEMENT is granted this ............._ day of_ 2009, by
Lake Trafford Ranch, LLLP, a Florida limited liability limited partners~ip? a ("Grantor".)'
in favor of BARRON COLIJER INVESTMENTS, LTD., a Florida hunted partnership
("Grantee").
RECIT ALS:
A. Grantor is the owner of that cel1ain parcel of land located in Collier
County, Florida, commonly known as the "Pepper Ranch" as more particularly described
in Exhibit "A" attached hereto (hereinafter "Grantor's Property"); and
B. Grantee o'wns land described in Exhihit "B" ("Grantee's Property") that
abutts Grantor's Property; and
C. Grantor has agreed to grant an casement for access to Grantee over a
portion of Grantor's Property.
NOW, THEREFORE, Grantor, for and in consideration of the sum of ten dollars
($10.00) and other valuahle consideration paid by the Grantee, the receipt of which is
hereby acknowledged:
1. Grantor does hereby grant to Grantee, a perpetual, non-exclusive easement (the
"Easement") over and across that portion of Grantor's Property described on Exhibit "c"
(the "Servient Estate") for the purpose of ingress and egress to and from Grantee's
Property as the dominant estate. It may not be used for above or underground utilities.
Use of the Easement is limited to ingress and egress that serves those activities now
carried out on Grantee's Property which consist of cattle grazing and ranching, hunting,
and forestry, aU as defined below (the "Current Usage"), and activities that result in no
greater degree, frequency, or burden of usage of the Easement than does the CUITent
Usage. No activities or improvements to the Easement shall be made that will adversely
affect the general conservation value of the Grantor's Property, or its value specifically
for panthers; provided that Grantee shall be pemlitted to keep such access open and
useable. Grantor retains, and shall have the right to use, the Servient Estate in any and all
ways that are not inconsistent with and that do not unreasonably interfere with the
Easement.
2. Cattle grazing and cattle ranching mean the use of Grantee's Property as pasture
for cattle feeding and sustenance (what about general care of cattle, breeding or dairy
operations), as well as all activities that are usually and customarily associated therewith
based on accepted agricultural practices, as from time to time exist.
GFPAC 1-8-09
Forestry means the periodic thinning, clearing, and harvesting of trees and .vegetatio~ that
naturally grow on the Grantee's Property. Hunting means non-commercIal recreatIOnal
hunting, shooting and trapping of wildlife as exists on Grantee's Property.
3. Grantor covenants that it has the right to grant, convey and declare the Easement,
and that Grantee shall have quiet and peaceful use, enjoyment and possession thereof.
4. The Easement granted herein is appurtenant to and shall run in favor of Grantee
and its successors in title to the Grantee's Property and shall be binding upon Grantor and
its successors in title to the Servient Estate.
5. Grantor and any successor owner of Grantor's Property has the right, from time to
time, to relocate the Easement from the Servient Estate to a new location so long as it
provides substantially comparable access to Grantee's Property. In such case, Grantee,
its successors and assigns, shall execute a consent to the termination of the Easement
upon its relocation and replacement of the Easemcut by Grantor (hereinafter
"Replacement Easement"). The Replacement Easement must be of substantially the same
quality and practicability as the Easement granted herein. Grantor agrees to assume any
expense directly related to the relocation of the Easement and any improvements to the
Replacement Easement. Grantee and its successors in title to the Grantee's Property agree
not to seek an expansion of access rights for future development or any other use.
6. The cost of maintaining the Easement shall be shared equally between Grantor
and Grantee. The Easement shall be maintained as a lime rock or similar semi-improved
rural road as the road within it has been historically used. The Grantee shall he
responsible to keep the north-south leg of the Easement on its western cnd clear of
vegetation and other obstructions, as may interfere with its use by Grantee.
IN WITNESS WHEREOF, Grantor has caused these presents to be executed on
the date and year first above written.
Signed and delivered in our presence:
GRANTOR:
Lake Trafford Ranch, LLLP
Witness #l
P;:;ijied no';;;-;;1;vitness #1
By:
Thomas M. Taylor
Printerl name afwitness #2
By:
Christopher L. Allen
Page 2 oD
As its sole gCl1(;''Tal partners
STATE OF FLORIDA )
gg:
COUNTY OF COLLIER )
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me
this ~ day of January 2009, by Thomas M. Taylor, as general paliner of Lake Trafford
Ranch, LLLP, a Florida limited liability limited partnership, who is personally known to
me or who produced as identification.
(SEAL)
Notary Public - State of Florida
Printed Name of Notary
My Commission Expires:
STATE OF FLORIDA )
*~:
COUNTY OF COLLIER )
I HEREBY CERTIFY that the foregoing instrllment was acknowledged before me
this __ day of January 2009, by Christopher L. Allen, as general partner of Lake
Trafford Ranch, LLLP, a Florida limited liability limited partnership, who is personally
known to me or who produced as identification.
(SEAL)
Notary Public - State of Florida
Printed Name
My Commission Expires:
r \d1l1"",....'d renr~lnke II ~",ord runch'.a<::cess 0il5flmenl ~
Page 3 01'3
EXHIBIT
I--=B-
(Legal Description)
Property Tax Identification Number: 00052360002
A parCl:l1 of land lying in the East Half (EY>) of tha East Half (EY>) of the Southwest
Quarter (SW14) of the Southeast Quarter (SEX) of Section 22, Township 46 South,
Range 28 East, Collier County, Florida, being more particularly described as follows:
Commence at the Southeast corner of Section 22, Township 46 South,
Range 28 East, Collier County, Florida; thence run S 88057'47" W, along
the south line of the Southeast Quarter (SE;!") of said Section 22 for a
distance of 1320.38 feet to the Point of Beginning of the parcel of land
herein described; thence continue S 88"57'47" W, along the south line of
the Southeast Quarter (SE;!") of said Section 22, for a distance of 330.09
feet; thence run N 00031 '18" W for a distance of 1342.51 feet; thence run
N 86056'31" E for a distance of 330.12 feet; thence run S 00031'14" E, for
a distance of 1342.44 feet to the Point of Beginning; containing 10.17
acres, more or less.
AND
Property Tax Identification Number: 00052440003
A parcel of land lying in the Southeas.t Quarter (SE1f.) of the Southwest Quarter (SW'.I..)
and the West Half (W%) of the Southwest Quarter (SW1f.) of the Southeast Quarter
(SE;!") of Section 22, Township 46 South, Range 26 East, Collier County, Florida, being
more particularly described as foflows:
Commence at the Southeast corner of Section 22, Township 46 South,
Range 28 East, Collier County, Florida; thence run S 88057'47" W, along
the south line of the Southeast Quarter (SEYo) of said Section 22 for a
distance of 1980.56 to the Point of Beginning of the parcel 'Of land herein
described; thence continue S 88057'47" W, along the south line of the
Southeast Quarter (SEY.) of said Section 22, for a distance of 660.19 feet
to the South Quarter corner of said Section 22; thence run S 88'59'47" W
along the south line of the southwest quarter of said Section 22, for a
distance of 1321.80 feet. thence run N 00.38'44" W for a distance of
1342.51 feet; thence run N 88059'17" E, for a distance of 1324.63 feet;
thence run N 88"58'31" E, for a distance of 660.24 feet; thence run S
00.31'22" E for a distance of 1342.58 feet to the Point of Beginning;
containing 61.13 acres, more or less.
AND
Property Tax Identification Number: 00052680009
The S~theast Quarter (SEY.) of the Southwest Quarter (SWY.) of Section 26,
TownshIp 46 South, Range 26 East, Collier County, Florida; containing 40.38 acres
more or iess.
AND
Property Tax IdentifIcation Number: 00053000002
All of Section 28, Township 46 South, Range 28 East, Collier County, Florida;
containing 645A7 acres more or less.
AND
Property Tax Identification Number: 00053920001
The Northwest Quarter (NWY4) of the Northeast Quarter (NE~) of the Northwest
Quarter (NWY-i) of Section 35, Township 46 South, Range 28 East, Collier County,
Florida; containing 10.09 acres more or Jess.
AND
Property Tax Identification Number: 00052640007
A parcel of land located in a portion of Section 26, Township 46 South, Range 28 East,
Collier County, Florida, being more particularly described as follows:
The West Half (WVz) of Section 26, Township 46 South, Range 28 East,
Collier County, Florida, less the North 1451.35 feet thereof and less the
Southeast Quarter (SEY.) of the Southwest Quarter (SWY-i) of said
Section 26, and less that parcel of land, as described and recorded in
Official Records Book 2585 at Page 2735 through 2737, owned by South
Florida Water Management District with Tax Folio Number 00052640007;
containing 185.91 acres, more or less.
AND
Property Tax Identification Number; 00052960004
All of Section 27, Township 46 South, Range 28 East, Collier County, Florida;
containing 643.59 acres more or ress.
AND
Property Tax: Identification Number: 00053200006
All of Section 33, Township 46 South, Range 28 East, Collier County, Florida;
containing 706.33 acres more or less.
AND
Property Tax: Identification Numbers: 00053840000 & 00054040003
The East Half (EJIi) of the East Half (EJIi) of the Northwest Quarter (NWJI.); and the
Northeast Quarter (NEY.), less the East 30 feet and the Northerly 30 feet for public road
right-of-way per dedication thereof recorded in Plat Book 12, Page 67 (known as
Pepper Road), Section 35, Township 46 South, Range 28 East. Public Records of
Collier County, Florida, less 2.29 acres in tile Northeast Quarter (NEY-i) described in
Deed recorded in Official Records Book 1834, Page 216; also less the real property
described in Quit Claim Deed recorded in Official Records Book 49, Page 4; and in
Official Records Book 280, Page 480; and in Official Records Book 282, Page 283; and
in Official Records Book 289, Page 910; atl of the Public Records of Collier County,
Florida;
AND
The Southwest Quarter (SWX) of the Northwest Quarter (NWY.); and the West Half
(WYo.) of the Southeast Quarter (SEX) of tile Northwest Quarter (NWY.); and the
Southwest Quarter (SWY.) of the Northeast Quarter (NEY-i) of the Northwest Quarter
(NWY.); and the South Half (S%) of the Northwest Quarter (NWJI.) of the Northwest
Quarter (NWY-i); and the Northwest Quarter (NW'/.) of the Northwest Quarter (NWY.) of
the Northwest Quarter (NW'/.); and the West Half (W'h) of the Northeast Quarter (NEY.)
of the Northwest Quarter (NWY-i) of the Northwest Quarter (NWY-i) of Section 35,
Township 46 South, Range 28 East, Collier County, Florida; containing 208.83 acres,
more or less.
The fore mentioned parcels equates to 2,511.90 acres, more or less.
EXHIBIT
I ~
All of Sections 3, 4 and the North % 0 f Section 5, Township 47 South, Range 28 East,
Collier COWlty, Florida.
EXHIBIT
I
C-
HNI
HOLE MONTES
ENGINEER' PlANNER' SURVEYORS
lANDSCAPE AACHlTl'CTS
950 Encore way. Naples, Florida 34110 . Phone: 2392'"..>4 2000 . Frot: 2392~2075
HM PROJECT # 2001111
116109
REF DWG # B-6446
PAGE 1 OF4
LEGAL DESCRIPTION:
A 30.00 FOOT WIDE STRIP OF LAND LOCATED IN A PORTION OF SECTIONS 26,27,26,33
AND 35, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, LYING
15.00 FEET ON EITHER SIDE OF THE FOLLOWlNG DESCRIBED CENTERLINE:
COMMENCE AT THE SOUTH QUARTER CORNER OF SECTION 26, TOWNSHIP 46 SOUTH,
RANGE 28 EAST, COLLIER COUNTY. FLORIDA, THENCE RUN S.0005S'38"E., ALONG THE
EAST LINE OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 46 SOUTH,
RANGE 26 EAST, COLLI ER COUNTY, FLORIDA, FOR A DISTANCE OF 30.00 FEET; THENCE
RUN S.89c01'22'W., FOR A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING OF
THE CENTERLINE HEREIN DESCRIBED; THENCE RUN N.00"5S'3a'W., PARALLEL TO THE
EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35, FOR A DISTANCE OF
29.98 FEET; THENCE RUN N.01"09'15'W., PARALLEL TO THE EAST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 1238.43 FEET; TO
THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY;
THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF SO.OO FEET, THROUGH A CENTRAL ANGLE OF 90"06'24",
SUBTENDED BY A CHORD OF 113.24 FEET AT A BEARING OF N.46"12'27'W., FOR A
DISTANCE OF 125.81 FEET TO THE END OF SAID CURVE; THENCE RUN S.88"44'21"W,
FOR A DISTANCE OF 2414.34 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR
CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF
SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 135.00 FEET, THROUGH A CENTRAL
ANGLE OF 90"32'26", SUBTENDED BY A CHORD OF 191.82 FEET AT A BEARING OF
N.45"59'26'W., FOR A DISTANCE OF 213.33 FEET TO THE END OF SAID CURVE; THENCE
RUN N.OO.43'13'W., FORA DISTANCE OF 1122.79 FEET; TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN
NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS
OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 90.34'20", SUBTENDED BY A CHORD
OF 99.49 FEET AT A BEARING OF N.4600Q'23'W., FOR A DISTANCE OF 110.65 FEET TO
THE END OF SAID CURVE; THENCE RUN S.8SQ42'26'W, FOR A DISTANCE OF 1829.65
FEET; THENCE RUN N.88023'51'W., FOR A DISTANCE OF 333.91 FEET; TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE
RUN SOUTHVVESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 125.00 FEET, HIROUGH A CENTRAL ANGLE OF 55.08'22", SUBTENDED BY A
CHORD OF 115.71 FEET AT A BEARING OF S,64u01'58"W., FOR A DISTANCE OF 120.30
FEET TO THE END OF SAID CURVE; THENCE RUN S36Q27'47'W., FOR A DISTANCE OF
64.98 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE
NORTHERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO
THE RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF
42033'01", SUBTENDED BY A CHORD OF 145.14 FEET AT A BEARING OF S.57"44'18'W..
FOR A DISTANCE OF 148.53 FEET TO ",E END OF SAID CURVE; THENCE RUN
S.79"OO'48''W" FOR A DISTANCE OF 196.62 FEET; THENCE RUN S.86" 34'54"W.. FOR A
DISTANCE OF 1589.15 FEET; THENCE RUN S.8SQ42'33"W., FOR A DISTANCE OF 1968.01
FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE. CONCAVE
SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE
H:\2001 \2001111 \WP\SOUTHPRROADSL doc
HM PROJECT # 2001111
116/09
REF DWG # 8-6446
PAGE20F4
TO THE LEFT, HAVING A RADIUS OF 85.00 FEET, THROUGH A CENTRAL ANGLE OF
116018'47", SUBTENDEO BY ACHORD OF 144.41 FEET AT A BEARING OF S.27033'10"W.,
FOR A DISTANCE OF 172.55 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 468.01 FEET, THROUGH A CENTRAL ANGLE OF 22"24'56",
SUBTENDED BY A CHORD OF 181.93 FEET AT A BEARING OF S.19023'46"E., FOR A
DISTANCE OF 183.10 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE
WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 2260.02 FEET, THROUGH A CENTRAL ANGLE OF 8052'44",
SUBTENDED BY A CHORD OF 349.87 FEET AT A BEARING OF S.03044'56"E., FOR A
DISTANCE OF 350.22 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 5352.89 FEET, THROUGH A CENTRAL ANGLE OF 2011 '42",
SUBTENDED BY A CHORD OF 205.05 FEET AT A BEARING OF 8. 00024'25"E. , FOR A
DISTANCE OF 205.06 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE
EASTERLY; THENCE RUN SOU111ERL Y, ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 316.91 FEET, THROUGH A CENTRAL ANGLE OF 20016'29",
SUBTENDED BY A CHORD OF 111.56 FEET AT A BEARING OF S.11"38'31"E., FOR A
DISTANCE OF 112.14 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 580.71 FEET, THROUGH A CENTRAL ANGLE OF 17014'47",
SUBTENDED BY ACHORD OF 174.14 FEET AT A BEARING OF S.13009'22"E., FORA
DISTANCE OF 174.80 FEET TO THE END OF SAID CURVE; THENCE RUN 8.04031'58"E.,
FOR A DISTANCE OF 310.08 FEET; THENCE RUN S.00036'32"E., FOR A DISTANCE OF
140.46 FEET; TO THE BEGINNING OF A TANGENTlAL CIRCULAR CURVE, CONCAVE
EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 152.13 FEET, THROUGH A CENTRAL ANGLE OF 37024'10",
SUBTENDED BY A CHORD OF 97.56 FEET AT A BEARING OF $.1g018'37"E., FOR A
DISTANCE OF 99.31 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 33050'05",
SUBTENDED BY A CHORD OF 116.40 FEET AT A BEARING OF S.21"05'39"E., FOR A
DISTANCE OF 118.11 FEET TO THE END OF SAID CURVE; THENCE RUN 8.04010'36"E.,
FOR A DISTANCE OF 984.89 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR
CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE
OF 21037'17", SUBTENDED BY A CHORD OF 37.51 FEET AT A BEARING OF S.14059'15"E.,
FOR A DI8TANCE OF 37,74 FEET TO THE END OF SAID CURVE; THENCE RUN
S.2S.47'53"E., FOR A DISTANCE OF 365.34 FEET; TO THE BEGINNING OF A TANGENTIAL
CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC
OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 575.00 FEET, THROUGH A
CENTRAL ANGLE OF 63011'57", SUBTENDED BY A CHORD OF 602.58 FEET AT A BEARING
OF S,OS.48'05'W., FOR A DISTANCE OF 634.24 FEET TO THE END OF SAID CURVE;
THENCE RUN S.37024'03"W., FOR A DISTANCE OF 1123.09 FEET; TO THE BEGINNING OF
A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY: THENCE RUN SOUTHERLY,
ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 329.61 FEET,
THROUGH A CENTRAL ANGLE OF 67"05'00", SUBTENDED BY A CHORD OF 364.24 FEET
H:\200112001111 \WP\SOUTHPRROADSL. doc
/
HM PROJECT # 2001111
1/6109
REF DWG # 6-6446
PAGE 3 OF 4
AT A BEARING OF S.03051'33'W., FOR A DISTANCE OF 385.91 FEET; TO THE BEGINNING
OF A REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE
ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 171.86 FEET, THROUGH A
CENTRAL ANGLE OF 29055'47", SUBTENDED BY A CHORD OF 8876 FEET AT A BEARING
OF S.14043'Q4"E., FORA DISTANCE OF 89.77 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 3516.56 FEET, THROUGH A CENTRAL ANGLE
OF 8010'26", SUBTENDED BY A CHORD OF 501.26 FEET AT A BEARING OF S.03050'23"E.,
FOR A DISTANCE OF 501.68 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 410.14 FEET, THROUGH A CENTRAL ANGLE OF 31019'23",
SUBTENDED BY A CHORD OF 221.44 FEET AT A BEARING OF S.07044'05'W., FOR A
DISTANCE OF 224.22 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE lEFT,
HAVING A RADIUS OF 189.86 FEET, THROUGH A CENTRAL ANGLE OF 31002'51",
SUBTENDED BY A CHORD OF 101.63 FEET AT A BEARING OF S.07052'21"W., FOR A
DISTANCE OF 102.88 FEET TO THE END OF SAID CURVE; THENCE RUN S.07039'05"E.,
FOR A DISTANCE OF 287.80 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR
CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC
OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1024.51 FEET, THROUGH A
CENTRAL ANGLE OF 31025'43", SUBTENDED BY A CHORD OF 554.96 FEET AT A BEARING
OF S.23021'56"E., FOR A DISTANCE OF 561.98 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE VVESTERL Y; THENCE RUN SOUTHERL V, ALONG THE ARC OF SAID
CURVE TO THE RIGHT, HAVING A RADIUS OF 441:77 FEET; THROUGH A CENTRAL
ANGLE OF 67043'42", SUBTENDED BY A CHORD OF 492.34 FEET AT A BEARING OF
S.OS.12'56"E, FOR A DISTANCE OF 522.22 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE
OF 46.12'48", SUBTENDED BY A CHORD OF 156.98 FEET AT A BEARING OF S.05032'31'W.,
FOR A DISTANCE OF 161.31 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 350.00 FEET, THROUGH A CENTRAL ANGLE OF 52050'41",
SUBTENDED BY A CHORD OF 311.49 FEET AT A BEARING OF S.08051'2S"W, FOR A
DISTANCE OF 322.81 FEET TO THE END OF SAID CURVE; THENCE RUN S.35"16'48"W.,
FOR A DISTANCE OF 298.12 FEET; TO THE BEGINNING OF A TANGENTIAl CIRCULAR
CURVE, CONCAVE NORTHERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF
SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 500.00 FEET, THROUGH A CENTRAL
ANGLE OF 19036'39", SUBTENDED BY A CHORD OF 170.30 FEET AT A BEARING OF
S.4500S'OB'W., FOR A DISTANCE OF 171.14 FEET TO THE POINT OF TERMINATION;
CONTAINING 13.876 ACRES, MORE OR LESS.
THIS PROPERTY SUBJECT TO EASEMENTS RESERVATIONS OR RESTRICTIONS OF
RECORD
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE NORTHWEST QUARTER
OF SECTION 35, TOWNSHIP 46 SOUTH. RANGE 28 EAST, COLLIER COUNTY, FLORIDA AS
BEING S.OQ058'38"E.
H:\2001 \2001111\WP\SOUTHPRROADSLdoc
HM PROJECT # 2001111
116109
REF OWG # s.6446
PAGE 4 OF 4
SIDELINES OF THE HEREIN DESCRIBED CENTERLINE ARE TO BE LENGTHENED OR
SHORTENED TO MEET THE ANGLE POINTS FORM AND TO A LINE WHICH RUNS
PERPENDICULAR TO THE POINT OF BEGINNING AND TO THE SOUTH LINE OF THE
SOUTIiEAST QUARTER OF SECTION 33, TOWNSHIP 46 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA WHICH BEARS N.88022'39"E. TO THE POINT OF
TERMINATION.
HOLE MONTES. INC.
CERTIFICATE OF AUTHORIZATION LB # 1772
BY ~ AI... I!I~~-",/ P.S.M.#5628
. THOMASM.M~-P. STATEOFFLORIDA
H:\2001 \2001111 \WP\SOUTHPRROADS L.doc
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Template: Collier County BMR
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Meeting Type
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Date
Last Modified
Caunl1llhould l'Clduoe. Ill. purehu. prioc ~ reflect Iho bond CllIT)Ii11g ooltl
md th~ ~on in v.l~ to die P~pper R8nd1 o.\I11lQ lI10 IlCllellI.
l\4otIou to proceed ,,"lltIpuJlItion. - Appl'O".d 4't (CollUl1In!OIler
H'dDinll oppo_)
Moved frolll Ilem 11lW
J. Reco=e.Ution to ha\'c tIw Board of Cowty CommisliollUf (Bow)
approve f.bc r>xpe.ndltllra of S 1 ,S40.00 to pay for the inllt4JIation of lderial
I6vel .net liptina at thB Cala 0.] Vida. aubdi'Vilion I!lltrlnce. A S 1 0,000
l;Ub bond Will poItDd 111I4 II in pJ.~ 10 pa)' for co~leliOll of the
in\lll"ovemcnts.
Appro\l.d - !I/O
MO\'M fl'oJlllUm 1\IJ6E:l
It. R.ecommendation that lhe Board of Ccl1lnty Comminio.o.c;rr raclfy additiOCI
tD, modiftcatiQIII ~ II'Id deletion. &om thll1009 .Fiscal Year Pay lUId
Clanifilllltion Plan mad~ frDm October 1, 2008lbroUjh Doctmber 31, 200g,
MoflQJl to .ppro,. mtT'. rec:ommendallou - Appl'(l'l'ed 4IJ.
(ColDmltlloner COfle IIpPCHllId)
MoYedfrom 1l.1I:I1I16C4
L. RlIllOmmendation ~ approve ChIlll.g6 Order #2 to Work Order PO-PT. ~191.
08-01, Contracll'OS.3792, with de la PIlI'le & Oflb=-4 P,A. fOJ' Fixed TlII'm
$[:IceialiZBd Lcial SlIl'Vioca in the amount of SIOO,OOO.OO.
Appnvfll - 5t'O
11. PVBUC COMMENTS ON GENERAL TOnCS
A. Mark Teee.... - MUlde CIr Silo,," reqUND w8J'lIi1l1 . $800.00 u.U' f..
B. Rick HCllrl - IHOl'E'. cblllel1ll11 with lIft'ol'dabJe IlDullDI alld fill d"'y
III paYllllDt of bUI.
12. COUNTY ATTORNEY'S REPORT
13. O'IBER CONST1TtJTIONAL omcreRS
14. AIRl'ORT AVTHORl'IY AND/OR COMMVIIlITY REDEVELOPMEN't
AGENCY
JUIII.", 27, :lOG!!
Paao ,
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~~"."_~ 181 ~ I C ~H~'Yo ~._ .. <t> p~es 1155 ., i to 1229;.;..__,~
BMR > Boards, Minutes, and Records> BMR - Bee Minutes> 2009 Minutes> Bee Minutes 01127/2009 R
Template: Collier County BMR
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Last Modified
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easement. if this was -. would have been brought before Ull or settled
b~fo~ we disCUilSed what the sale pri~ of this piece of property was.
So I'm hoping that other people ou.t there who are thinking about
bringing forth lands to Collier County and want UIS to purcl1a:!e thollC
landa, that they be forthright in regards to if there are anYeaBllments
that need to be a.ddressed so that we don't run into a siwation like this
agllin.
I feel bad that we didn't find out about this until the II th hour,
the 59th minute wh~e we were almost rea.dy to sign the documents,
and all of a sudden this became a problem, but I think we're to the
point where we can se.e this thing kl fruition.
But again, I would hope that any other parties that are involved
and want to scllland to Conservation Collier County would make sure
that. it's clear in rcgillds to thill.
MR. GRANT: Commissioner, could I add a commmt'?
CHAIRMAN FIALA: Could..
MR.. GRANT: I'm !lorry.
CHAIRMAN FIALA; I know you would love to, but I've still
got a speaker waitil1i, Commissioner Coletta. wants to make a motion.
Commissioner Coyle wants to ask a question or say something.
MS, FILSON: We have a motion.
CHAIRMAN FlALA: Oh, We ha.ve the motion already? Wu it
seconded?
MR. MUDD: I don't.
CHAIRMAN FIALA: Oh, so it wll,Sn't seconded,
COMMISSIONER COYLE: The motion, I think. was ba8ed
upon the expC(;tation that I$omc:one would bring back 50~thing that
we could agree to, and I would say that. it certainly has, as fill as rm
concerned.
I think Mr. Grant's client has essentially done exactly what. we
asked him to do, setting up an eaJcrow of a quarter of a million dollars
for the panther habitat units and agreeing to reduce the cost ofthc:
Pa.ll~ 136
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property by the wr assessed value of the U&enlent itself.
Th.e only thini where J would differ would be with the guarantee
of the refund if we purchase the Collior property later on. And I tab
that position only becaulIe if] WC'l'e to mab an offer to purchale that
property, one of my motivations would be the elimination of the
easement, and that would be factored into the plU'chase price,
So 11m not sure that 1 would like to commit myself to refunding
that money. But if we reach a.greement on the price, ] can't imagine
that will be a. substantial stumbling block. So rd be happy to make tl1e
motion to proceed under th011e ->
COMMISSIONER HALAS: I'll second it
COMMISSIONER COYLE: .- circumstances.
MR. GRANT: Could J just ask a. question, CommissiQnerl? If
you aU were to approv~ this, is that direction to the staff to get this
closed with us without it needing to come back to this cOlIlmission?
COMMISSIONER COYLe: Quicldy. qulcldy.
MR. GRANT: Oby.
CHAIRMAN FIALA: Okay. Now, we have one lpCaker. but
out -- Jeff Klattkow would like ro say something.
MR. KLA TZKOW: Just to wrap up some very minor issues to
make sure there's no issues coming back to the board.
For the appraisals. you want an independent appraillaJ. We have
county-approved appraisals. We can give you a list ofthosc
county-approved appraisals, and you (;.8D. select one of them; ill that
acceptab Ie?
MR. GRANT: I think so, SlU'C.
MR. KLATZKOW: That takes care of that. My understanding,
you've g;ot two appraisals -- two escrows, One's going to be for
$2~O.OOO. That will be for the panther.
The county would W1C its -. in good faith, it&': best efforlll to
comply -- to get the governing bodies to give 1.18 wbatever that number
is. It might be a year. It might be two years. A3 long as we.~ using
Pa.ge 137
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BMR7Board;~Mi~~t~s. and-R;~dS > BMR.~B.CCr;;;;;;;;;;-2009~;-~es 01/27/2009 R
Template: Collier County BMR
Doc Type
Minutes
Meeting Type
Regular
Date
1/27/2009
Last Modified
Januat>' 27. 2009
our best efforts, that escrow's going to bave to stay open, because I
don't know how long they're going to take.
MR. GRANT: ! undentand. Ut's just say the year is a. good
target aDd a goal.
MR. KLA TZKOW: But a810ng u the county's pl'Oce<<iing in
iood faith, the escrow will remain.
MR. GRANf': I guCll8 I don't know what elso to :!BY. 1 think --
yeah. 1 mean, 1 understand you can't control other agencie\1.
MR. KLA TZKOW: Okay. And for the other escrow, for the
168,750, my understandinl, if the number com~ in less than that.
that's what you get paid.
MR. GRANT: Right.
MR. KLA TZKOW; If the number oome8 in more than that
thoullt. we're limitina ourselv~ to the 168,7507
MR. GRANT; Yes.
MR. KLATZKOW; Okay. So we're taldna the risk on that one.
That'll all ! have fot the. house.kee.ping.
OWRMAN FIALA: Okay. And our !lpoakClr'l I'm sony,
speaker, but this hBll been tuch hot-and-beavy conversation.
MS. F~SON: Amber Brooks -- Crooks.
CHAIRMAN FIALA: And you can just waive if you love this
decision, by the way.
MS. CROOKS: I'll be quick. Very quick.
Amber Crooks representing the Conservancy of Southweet
Florida. We'rCl Clncauraged to see the parties are able to work together
on this easement. And as you've heard. it 8~S to meet all of the
intent of the ConsetVation Collier Land Acquisition Advisory
Committee's recomme.ndations about limiting the. W1e, not paving it.
not having future development or uti1iti~. So we're very happy to
have seen that come forward.
We respectfully request that you direct staff to close on the
contrac.t in 8. timer matter (sic) to ensure that we are slJCCUsfulln
Pll.i~ [38
http://apps.collierclerk.com/BMR/ docview.aspx?id=46620
7/6/2009