Agenda 11/15/2016 Item #16G3 16.G.3
11/15/2016
EXECUTIVE SUMMARY
Recommendation to approve the first amendment to a Memorandum of Understanding (MOU)
between the Collier County Airport Authority (CCAA) and five Environmental Signatories to the
Deltona Agreement,along with a Conservation Easement in favor of the Environmental Signatories
(Companion to agenda items 17.F and 17.G).
OBJECTIVE: To implement the Marco Island Executive Airport(MKY)terminal redevelopment plans,
as depicted in the approved Airport Layout Plan (ALP),by fulfilling the associated rezone conditions, as
approved by the Collier County Planning Commission(CCPC)on October 20,2016.
CONSIDERATIONS: The CCAA is requesting to rezone a 6.5± acre parcel from the Marco Shores
Golf Course Community PUD to the Public Use(P) zoning district,which will allow the Airport to move
forward with vital terminal redevelopment plans and associated safety enhancements.
The rezone area is subject to a Memorandum of Understanding (MOU), dated September 11, 2001,
between the CCAA and the Conservancy of Southwest Florida, the National and Florida Audubon
Societies, Environmental Defense Fund and the Florida Division of the Izaak Walton League (the
environmental signatories to the Deltona Agreement), and is also subject to the subsequent resolution of
the Board of County Commissioners (Board) (Resolution No. 2001-0345), and recorded in OR 2893,
Pages 3338-3345 Collier County, Florida, said instrument identifying the ultimate extents (footprint)
available for development of MKY. This instrument does not constitute a conveyance of any real
property,but rather identifies the maximum footprint of airport development.
It has been determined that approximately .8± acres of upland, previously impacted parcels, currently
located within the Marco Shores PUD, and proposed for future airport development within the rezone
area, fall beyond the MOU "Limits of Development." After several meetings with Airport/County staff
and representatives from the Deltona Signatories, the CCAA proposes to amend the MOU to include the
.8± acres of upland property, while also setting aside 2± acres of property in perpetual conservation, in
favor of the Environmental Signatories, and consistent with the MOU. As of November 8, all five
Environmental Signatories have consented to the MOU Amendment, and it is expected that signed
counterparts will be received prior to BCC consideration of this item on November 15.
In relation to the proposed MOU amendment, the CCPC unanimously approved the rezone petition with
the condition that the County shall not commence construction of the improvements shown in the
approved ALP dated March 2016,until the following relevant conditions have been met:
a. The Board has approved the First Amendment to the MOU to include the area to be
removed from the Marco Shores PUD and rezoned to P by the rezone Ordinance;
b. A conservation easement including the fifteen (15)-foot wide area running the length of
the eastern boundary of the airport property, and a small area on the north side of the airport
property within Tract "Q" of the Marco Shores Unit One subdivision plat, is recorded in favor of
the MOU Environmental Signatories. The conservation easement shall be recorded in the
Official Records Land Records of Collier County within 30 days after execution of the First
Amendment to MOU by all of the Environmental Signatories; and
c. No later than thirty (30) days after the approval of rezone, the Airport Authority staff
shall notify in writing all of the MOU Environmental Signatories of the proposed First
Amendment to MOU. The Airport Authority staff shall obtain the signatures of the
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16.G.3
11/15/2016
Environmental Signatories prior to construction.
In order the satisfy the rezone conditions, staff recommends approval of the attached first amendment to
the MOU and associated Conservation Easement in favor of the Signatories. The Easement will be
withheld for signature by the Chairman until the fully-executed MOU amendment has been received.
Approval of this item shall also be contingent upon approval of the companion petitions (PUDA-
PL20150002550 and RZ-PL20160000382). The amendment and easement are also subject to concurrence
by the Federal Aviation Administration(FAA).
FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: The Deltona Settlement Agreement and proposed amendment
are consistent with the Inter Governmental Coordination Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality. A majority vote is
needed for Board approval. -HFAC
RECOMMENDATION: To approve the attached first amendment to the MOU between the Collier
County Airport Authority and Deltona Environmental Signatories, and a Conservation Easement in favor
of the Environmental Signatories, with the conservation easement to be presented to the Chairman for
signature only after the fully-executed first amendment to MOU is received by the County.
Prepared by: Justin Lobb,Airports Manager,Airport Authority,Growth Management Department
ATTACHMENT(S)
1.MOU&Resolution 2001-345 (PDF)
2.First Amendment to MOU- 102516 (PDF)
3.Conservation Easement- 102516 (PDF)
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16.G.3
11/15/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.3
Item Summary: Recommendation to approve the first amendment to a Memorandum of
Understanding (MOU) between the Collier County Airport Authority (CCAA) and five Environmental
Signatories to the Deltona Agreement, along with a Conservation Easement in favor of the Environmental
Signatories (Companion to agenda items 17.F and 17.G).
Meeting Date: 11/15/2016
Prepared by:
Title: Operations Coordinator—Airport Authority
Name: Debra Brueggeman
10/27/2016 1:02 PM
Submitted by:
Title: Division Director-Operations Support—Growth Management Department
Name: Gene Shue
10/27/2016 1:02 PM
Approved By:
Review:
Airport Authority Justin Lobb Additional Reviewer Completed 10/27/2016 2:19 PM
Growth Management Department Gene Shue Additional Reviewer Completed 10/27/2016 4:33 PM
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 10/28/2016 9:55 AM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 10/31/2016 10:17 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/31/2016 10:57 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/31/2016 11:08 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/31/2016 3:42 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/01/2016 2:00 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 11:34 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM
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MEMORANDUM OF UNDERSTANDING
WHEREAS, the Collier County Airport Authority (the "Authority") is charged z
with the management and operation of the Marco Island Executive Airport (the
"Airport");and
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WHEREAS, The Conservancy of Southwest Florida, The National and Florida
Audubon Societies, Environmental Defense Fund,arid The Florida Division of the Izaak
Walton League are Environmental Intervenor Signatories (the "Signatories") to the
Deltona Settlement Agreement of July 20, 1982;and
WHEREAS, a meeting was held at the Airport on July 23, 1999, among the
Authority and some of the Signatories.The purpose of that meeting was to try to resolve
disputes regarding safe operation of the Airport and compliance with the Deltona
Settlement Agreement;ando
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WHEREAS, the participants of said meeting agreed to execute a Memorandum a r.
of Understanding (MOU) in furtherance of paragraph no. 14 of the Deltona Settlement y g
Agreement. c c
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NOW,THEREFORE,IT IS HEREBY AGREED AS FOLLOWS: o
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1. The Authority, by Resolution to be presented to the Board of County c
Commissioners,shall urge that said Board forever delimit the Development Areas of the o 'z
Airport. Said resolution identified as Exhibit A attached hereto and made a part hereof. o c
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2. Prior to any cutting, trimming, removing or other modification of vegetation °
outside the Development Areas, the Authority and The Florida and National Audubon Q C`
Societies shall cooperatively develop a mutually satisfactory Vegetation Management
Program that is approved by the FAA and the FDOT. The Authority agrees to abide by =`
said approved Program in perpetuity. Said"Development Areas" identified in Exhibit B
attached hereto and made a part hereof. N (13
3. The Authority shall urge the Florida Department of Environmental Protection M;
(FDEP) to amend the Interlocal Ingress/Egress Agreement as is proposed in Exhibit C. o o
The Authority shall through negotiations use its best efforts to acquire acquiescence N
thereto from FDEP. The Authority shall not commence the projects listed in numbered
paragraph seven(7)until said amended Agreement is executed by FDEP and the Collier
County Airport Authority.
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4. Promptly after implementation of numbered paragraphs one(1)through three °tS
(3), above, the Authority shall submit to the Signatories (for their written comments o
thereon) each mitigation package hereafter required from the Airport by any State or
Federal regulatory agency.
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5. The Authority shall propose to the Board of County Commissioners that the
properties located adjacent to the property remaining within its ownership outside the
"Development Areas" designated pursuant to Exhibit B shall be encumbered by a
perpetual conservation easement enforceable by any and all Signatories. This
conservation easement shall prohibit all development and management activities within
said properties not expressly approved in writing by all of the Signatories. The Authority
shall not commence or commit resources toward commencement or implementation of
the projects listed in numbered paragraph seven (7)i below, until the Airport Authority
and County have executed said Conservation Easement. Said Conservation Easement to
be prepared by The Conservancy of Southwest Florida and delivered to the Airport
Authority for execution, said delivery date no later than 30 days from execution of the
MOU.
6.The Authority shall not commence or commit resources toward commencement
or implementation of the projects listed in numbered paragraph seven (7),below, unless
and until this MOU has been fully executed.
7. Upon the conclusion of numbered paragraphs one(1) through six (6), above, o
all of the Signatories that have signed this MOU thereby agree only-to: he_fvllow-ing. -: 2
projects as further identified-in Exhibit 13 a,
A. Parallel taxiway on the west side of the existing runway;
B. Apron hangar area;and
C. FAR part 77 Vegetation Management Program, as described in
numbered paragraph two(2),above.
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8. This MOU hereby expressly amends the Deltona Settlement Agreement.
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Agreed to by each of the parties that have executed this Memorandum of a
Understanding, effective St re-4.�stet. ( , 200i Each signer is an authorized
representative of the entity. 2
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COLLIER COUNTY AIRPORT AUTHORITY N
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By:
Chairma7rt
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA `a
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THE CONSERVANCY OF SOUTHWEST F ORIDA
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Elinor V. Krier, Interim President
THE NATIONAL AUDUBON SOCIETY and FLORIDA AUDUBON SOCIETY
By:
- _.- - Stuart Strahl,Ph.D. —
President,Florida Audubon Society
- Vice President,National Audubon-Society-
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ENVIRONMENTAL DEFENSE FUND
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IZAAK WALTON LEAGUE,FLORIDA DIVISION e
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(By signing this agreement, the District is not waiving any rights •
authorities that the SFWMD may have under Chapter 373, Florida Sta• .e
or the Del ona Agreement)
By: ��e
Henry De
Execu i Director
South Florida Water Management District
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
(Successor to Florida Department of Community and Veterans Affairs)
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fivision of Community anning O
THE DELTONA CORPORATION
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Sharon H\merhielm, Executive Vice President
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Collier County Board of County Commissioners
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Thoma C. Pal r m
Assistant County Attorney
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RESOLUTION NO.2001- 345 I b H 4 16.G.3.a
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PROVIDING TO THE GREATEST EXTENT
NOW OR HEREAFTER ALLOWED BY LAW,THAT DEVELOPMENT AT THE
MARCO ISLAND EXECUTIVE AIRPORT SHALL NEVER OCCUR OUTSIDE
OF THE GEOGRAPHIC CONFINES OF THE DEVELOPMENT FOOTPRINT
NOW EXISTING IN THAT AIRPORT'S MASTER PLAN
WHEREAS, A Long Range Master Plan exists for developmetht of the Marco Island
-Executive Airport("Airport");and
WHEREAS, an Airport Layout Plan ("ALP") that depic • the ultimate build-out
development of the Marco Island Executive Airport is a part oft at Master Plan;and
WHEREAS, The Conservancy of Southwest Florida and fou ',4) other "conservation
groups"(noted in a Memorandum of Understanding)have req a ted assurance from the
Collier County Board of County Commissioners that all develo.rrent of the Marco Island
Executive Airport shall remain in perpetuity within the current"Development Areas" of
the current Master Plan,except to the extent,if any,that The ••nservancy of Southwest
Florida, National Audubon Society, Florida Audubon Society Environmental Defense
Fund, 1ZAAK Walton League-Florida Division, or each espective entity's then
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successor(s)in function,may from time-to-time authorize in wt.' ing. 2CD
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NOW, THEREFORE, BE IT RESOLVED BY THE OARD OF COUTNY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA, at:
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The "Development Areas" of Marco Island Executive Airp.et, as such footprint is =
depicted in the ALP attached hereto as Exhibit A,and by refere ce is incorporated herein,
shall never be expanded in geographic area outside of the curr:r}.footprint except to the o
extent, if any, that the Conservancy of Southwest Florida, N•tional Audubon Society, o
Florida Audubon Society,Environmental Defense Fund,IZAA Walton League-Florida ?'
Division, or each respective entity's then successor(s) functio , may from time-to-time o
authorize in writing. However, this Resolution does not limi the County's then legal
obligations, if any, to install aids to navigation or other things olitside of said footprint, g'
but only to the extent that such aids or other things are then required by law to safely n •
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operate aircraft into and/or out of the Airport, and only in accordance with the Marco N
Island Executive Airport Memorandum of Understanding execstl.d by the signatories to
the Deltona Settlement Agreement, including the Board of C unty Commissioners of M
Collier County. With respect to the aids to navigation,such aid shall be limited to aids o
that are then required to aid"Aircraft"of the types and sizes allowed to land and take off
at the Airport as of the effective date of this Resolution.
This Resolution adopted this Oa day of September, 2001, aster motion, second and
majority vote favoring adoption.
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ATTESTED:
DWIGHT E.BROOK,Clerk BOARD OF COON.4 COMMISSIONERS
CO OUN—J4 p 'IDA E
By: : By:
Degutyy Clerk JAM D.CARTER,Ph.D.,Chairman
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Mestere ally.
Approved as to form and
legal sufficiency:
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Thom s C.Palmer,
Assistant County Attorney
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EXHIBIT A
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FIRST AMENDMENT TO
MEMORANDUM OF UNDERSTANDING
The First Amendment to the Memorandum of Understanding is made and entered into
this day of , 2016, by and between the Collier County Airport Authority (the p
"Authority"), and the Conservancy of Southwest Florida, Inc. aka the Conservancy of Southwest
Florida, National Audubon Society, Inc. and Florida Audubon Society, Inc. aka the National and
Florida Aububon Societies, Environmental Defense Fund Incorporated aka Environmental
Defense Fund, and the Izaak Walton League of America, Inc. aka the Florida Division of the
Izaak Walton League (collectively, the "Signatories").
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WHEREAS, the Authority and the Signatories entered into that certain Memorandum of Q
Understanding dated September 11, 2001, recorded at OR Book 2893, Pages 3338 through 3346, Q
Public Records of Collier County, Florida, which provided limitations upon the development 3
area of the Marco Island Executive Airport; and
WHEREAS, Resolution No. 2001-345, attached to the Memorandum of Understanding ti
as Exhibit A, provides that expansion of the development area may occur upon written N'
authorization of the Authority and the Signatories, or each respective entity's then successor(s) in
function; and
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WHEREAS, in addition to the Signatories, the MOU was signed by the Board of Trustees
of the Internal Improvement Trust Fund of the State of Florida, Florida Department of
Environmental Protection, South Florida Water Management District and the Deltona g
Corporation; and
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WHEREAS, the development area is identified in Exhibit B attached to the
Memorandum of Understanding; and Q
WHEREAS, the Airport Authority desires to expand the development area to include a LL
previously cleared area of the Marco Shores Planned Unit Development; and
WHEREAS, Collier County has agreed to convey to the Signatories a conservation
easement over the eastern portion of the airport property, which lies within the development area,
subject to approval of the Federal Aviation Administration; and
WHEREAS, the Signatories agree to the expansion of the development area as described
in this First Amendment to Memorandum of Understanding.
[16-APA-00337/1297843/1]61 rev. 10/25/16 Pad Packet Pg. 1651
16.G.3.b
NOW, THEREFORE, IN CONSIDERATION OF ONE DOLLAR, AND THE
COVENANTS CONTAINED IN THIS AGREEMENT, THE AUTHORITY AND THE
SIGNATORIES AGREE AS FOLLOWS:
1. Exhibit B to the Memorandum of Understanding is deleted in its entirety and is replaced
with a new Exhibit B attached hereto and made a part hereof.
2. Except as provided in this Agreement, all other terms of the Memorandum of
Understanding remain in full force and effect. 0
3. This Agreement may be executed in counterparts without affecting its validity.
IN WITNESS WHEREOF, each of the parties named herein have agreed to this First
Amendment to the Memorandum of Understanding, effective the date first written above. Each
signer is an authorized representative of the entity. 0
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ATTEST: BOARD OF COUNTY COMMISSIONERS, as the
DWIGHT E. BROCK, Clerk COLLIER COUNTY AIRPORT AUTHORITY 0
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By: By:
, Deputy Clerk DONNA FIALA, CHAIRWOMAN
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Approved as to form and legality: �'
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Heidi Ashton-Cicko E
Managing Assistant County Attorney N
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[16-APA-00337/1297843/1161 rev. 10/25/16 Pad Packet Pg. 1652
16.G.3.b
CONSERVANCY OF SOUTHWEST IZAAK WALTON LEAGUE OF
FLORIDA, INC. AMERICA, INC. (FLORIDA DIVISION)
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[16-APA-00337/1297843/1161 rev. 10/25/16 Pat Packet Pg. 1653
16.G.3.b
LEGAL DESCRIPTION (NOT A SURVEY)
MARCO ISLAND EXECUTIVE AIRPORT
LIMITS OF DEVELOPMENT AREA
A PARCEL OF LAND LYING IN AND BEING PART OF SECTION 26 AND 35,TOWNSHIP 51
SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: 3
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COMMENCING AT THE NORTHEAST CORNER OF TRACT"Q"OF MARCO SHORES UNIT E
ONE AS RECORDED IN PLAT BOOK 14 AT PAGES 33 THROUGH 38 OF THE PUBLIC 4.ami
RECORDS OF COLLIER COUNTY,FLORIDA;THENCE ALONG THE EAST LINE OF SAID E
TRACT"Q",SOUTH 11°59'55"EAST,A DISTANCE OF 71.18 FEET TO A POINT ON THE a)
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WEST LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2034 AT PAGE cm
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1261 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,AND THE POINT OF
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BEGINNING OF THE LANDS HEREIN DESCRIBED;THENCE NORTH 77°59'56"EAST,A a
DISTANCE OF 175.00 FEET;THENCE NORTH 12°00'00"WEST,A DISTANCE OF 220.00 =
FEET;THENCE NORTH 78°00'05"EAST,A DISTANCE OF 610.00 FEET;THENCE 0
SOUTH 12°00'00"EAST,A DISTANCE OF 5620.00 FEET;THENCE SOUTH 78°00'00"WEST, t
A DISTANCE OF 610.00 FEET;THENCE NORTH 12°00'00"WEST,A DISTANCE OF 4230.00 a.
FEET;THENCE SOUTH 78°00'00"WEST,A DISTANCE OF 625.00 FEET;THENCE Q
NORTH 12°00'00"WEST,A DISTANCE OF 668.46 FEET TO A POINT ON THE EASTERLY o
BOUNDARY OF TRACT"Z"OF HAMMOCK BAY AS RECORDED IN PLAT BOOK 39 AT R
PAGES 14 THROUGH 19 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; g
THENCE ALONG THE EAST LINE OF SAID TRACT"Z", NORTH 20°41'20"EAST,A Ln
DISTANCE OF 27.92 FEET TO THE NORTHEAST CORNER OF SAID TRACT"Z", BEING
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ALSO A POINT ON THE SOUTH LINE OF THE RIGHT-OF-WAY PARCEL DESCRIBED IN
OFFICIAL RECORDS BOOK 5282 AT PAGE 19 OF THE PUBLIC RECORDS OF COLLIER w
COUNTY, FLORIDA;THENCE ALONG SAID SOUTH LINE, NORTH 84°45'47"WEST,A N
DISTANCE OF 153.41 FEET;THENCE NORTH 00°52'45"EAST,A DISTANCE OF 208.51 0
FEET TO A POINT ON THE NORTH RIGHT OF WAY OF MAINSAIL DRIVE, BEING ALSO A
POINT ON THE SOUTH LINE OF AFOREMENTIONED TRACT"0";THENCE WESTERLY
94.48 FEET ALONG THE ARC OF A NONTANGENT CURVE,CONCAVE TO THE NORTH, E
HAVING A RADIUS OF 1305.00 FEET AND SUBTENDED BY A CHORD WHICH BEARS o
NORTH 87°02'11"WEST,94.46 FEET,TO THE SOUTHWEST CORNER OF TRACT"0";
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THENCE NORTH 05°01'14" EAST,A DISTANCE OF 221.32 FEET TO THE NORTHWEST
CORNER OF TRACT"0";THENCE ALONG THE NORTH LINE OF TRACT"Q", -0
SOUTH 71°10'58"EAST,A DISTANCE OF 11.81 FEET;THENCE NORTH 87°06'58"EAST,A m
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DISTANCE OF 65.19 FEET;THENCE NORTH 78°43'22"EAST,A DISTANCE OF 131.00 E
FEET;THENCE NORTH 68°49'23"EAST,A DISTANCE OF 109.49 FEET;THENCE
SOUTH 84°17'48"EAST,A DISTANCE OF 53.45 FEET;THENCE NORTH 53°43'05"EAST,A �_
DISTANCE OF 24.64 FEET;THENCE LEAVING SAID NORTH LINE OF TRACT Q, LL-
NORTH 77°59'56"EAST,A DISTANCE OF 174.47 FEET TO THE POINT OF BEGINNING. c
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P.O.C.=POINT OF COMMENCEMENT % .a)
P.O.B.=POINT OF BEGINNING 1 E
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Line Bearing Distance \ ir.
L1 S 11°59'55"E 71.18 +
L2 N 77°59'56"E 175.00' \
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L3 N 12°00'00"W 220.00' 35136 E
L4 S 71°10'58"E 11.81' 1
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L5 N 87°065EV E65.19'
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L6 N 78°43'22"E 131.00'
L7 N68°49'23"E109.49' i
:8 S-84°17'48"E— 53.45' i
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L9 N 53°43'05"E 24.64' i
L10 N 77°59'56"E 174.47' \
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Curvet Chord Bearing Chord Distance Arc Length' Radius
Cl IN 87°02'11"W 94.46' 94.48'1 1305.00'
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CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is made this day of , 2016, by
COLLIER COUNTY, whose address is 3299 Tamiami Trail East, Suite 800, Naples, Florida
34112, Grantor, in favor of the CONSERVANCY OF SOUTHWEST FLORIDA, INC., THE
NATIONAL AUDUBON SOCIETY, INC. and FLORIDA AUDUBON SOCIETY, INC.,
ENVIRONMENTAL DEFENSE FUND INCORPORATED and IZAAK WALTON LEAGUE
OF AMERICA, INC., FLORIDA DIVISION, collectively, Grantees. o
WHEREAS, Grantor is the sole owner in fee simple of that certain real property located c
in Collier County, Florida, more particularly described in Exhibit "A" attached hereto (the
"Easement Property"); and
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WHEREAS, the Grantees assert that the Easement Property possesses natural, scenic or
open space values of great public benefit (collectively, "conservation values") and of great
importance to Grantor and Grantees, the citizens of Collier County and of the State of Florida, o
including its native vegetation, water flow and water quality characteristics, and native wildlife o
populations, including federally- and state-listed species; and
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WHEREAS, Grantees recognize these conservation easement lands serve as an important
buffer to protect against further expansion of the Marco Island Executive Airport beyond its
boundaries; and
WHEREAS, Grantees are either publicly supported or tax-exempt not-for-profit
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organizations qualified under §§ 501c3 and 170h of the Internal Revenue Code, whose purpose
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includes the preservation, protection or enhancement of land in its natural, scenic, archeological,
forested and open space condition, or divisions of the State of Florida; and
NOW THEREFORE, in consideration of the sum of ten dollars and no cents ($10.00)and
the terms and conditions contained herein, Grantor hereby grants and conveys to Grantees a
perpetual Conservation Easement upon the Easement Property which shall run with the land and
be binding upon the Grantor and Grantor's successors and assigns and shall remain in full force °
and effect to the extent authorized by law.
1. PURPOSE. The purpose of this Easement is to assure that the Easement Property will be
retained forever in its natural condition and to prevent any use of the Easement Property that will
impair or interfere with protection of the conservation values as defined above. Grantor intends
that the Easement Property be consistent with the activities and purposes set forth in this
Easement.
2. RIGHTS OF GRANTEES. Grantees may, at each Grantee's sole cost and expense, enter
onto the Easement Property with at least 24 hour prior notification and escort provided by the
Airport Authority and in accordance with the then current applicable regulations/policies of the
FAA, FDOT, TSA and Collier County Airport Authority with regard to airport access, for the
following purposes:
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A. To enter onto the Easement Property to monitor and enforce the terms of this Easement
and conduct biological assessments, observations or studies, including the use of any
necessary equipment or vehicles to monitor compliance with and otherwise enforce the
terms of this Easement.
B. To prevent and to enjoin any activity or use of the Easement Property inconsistent with
this Easement and to enforce the terms of this Easement.
C. To enforce the terms of this Easement.
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3. PROHIBITED USES. Any activity on or use of the Easement Property inconsistent with
the purpose of this Easement is prohibited. Without limiting the generality of the foregoing, the
following activities and uses are expressly prohibited:
a)
a)
A. Dumping or placing soil or other substance or material as landfill, or dumping trash,
vehicles, equipment, waste or offensive material, except that soil or fill may be placed as
necessary to restore surface area damaged by an errant vessel or for the installation/repair o
of FAA/FDOT safety and security aviation equipment;
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B. Altering the land surface through grading or soil dumping or trenching, unless it is
necessary to ensure a safe operating airport environment or for the installation/repair of
FAA/FDOT safety and security aviation equipment and in accordance with the approved
vegetation management plan;
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C. Introducing non-indigenous invasive vegetation or animals, unless it is necessary to
ensure a safe operating airport environment and in accordance with the approved
vegetation management plan; o
D. Cutting, trimming, removing or otherwise modifying native vegetation unless it is
necessary to ensure a safe operating airport environment and in accordance with the
approved vegetation management plan;
E. Dredging any area of the Easement Property, or filling in any area of the Easement
Property unless it is necessary to ensure a safe operating airport environment or for the
installation/repair of FAA/FDOT safety and security aviation equipment and in
accordance with the approved vegetation management plan;
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F. Constructing or maintaining any road or right-of-way access to the Easement Property or a
utilities not already provided;
G. Developing the Easement Property except as provided in this Conservation Easement or
by written consent of the parties to this Agreement; and
H. Disposing of solid or hazardous waste, as defined in CERLA and RCRA.
4. REMEDIES. If Grantee believes there is a violation under this Easement and the Board of
County Commissioners, at a regular meeting, determine there in no violation, then the parties
agree to submit this issue to mediation by a mutually agreeable mediator and each party shall pay
[16-APA-00337158
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its own costs. Thereafter, any costs incurred in enforcing the terms of this Easement, including
without limitation court costs and attorney fees, shall be awarded to the prevailing party or
parties. Notwithstanding the foregoing, the Grantor and Collier County Airport Authority shall
not be responsible for damage to, or a change in, the Easement Property resulting from causes
beyond its control including, without limitation, fire, flood or storm.
5. PUBLIC ACCESS. Except as otherwise provided in this Easement, no right of access by
the general public to any portion of the Easement Property is conveyed by this Easement without
specific written authority from Grantor.
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6. ASSIGNMENT. The interests created by this Easement are not transferable or assignable.
The parties hereunder acknowledge that this Easement shall be a covenant and run with the land
in perpetuity. a°'s
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7. VALIDITY. If any provision of this Easement or the application thereof to any person or
circumstance is found to be invalid, the remainder of the provisions of this Easement shall not be o
affected thereby, as long as the purpose of the Easement is preserved. m
8. WRITING. All notices, consents and other communications relating to any actions taken
by Grantor or Grantees pursuant to this Easement shall be in writing.
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9. SUCCESSORS AND ASSIGNS. This Easement shall be binding upon, and inure to the
benefit of, the parties and their respective successors and assigns, and shall continue as a
servitude running in perpetuity with the Easement Property. N
10. CONTROLLING LAW. The interpretation of this Easement shall be governed by the w
laws of the State of Florida.
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Signed, sealed and delivered y
in the presence of witnesses:
Grantor:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,CLERK COLLIER COUNTY,FLORIDA cB
a.:
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BY: BY: E
, Deputy Clerk DONNA FIALA, Chairman
Approved as to form and legality:
Heidi Ashton-Cicko
Managing Assistant County Attorney
[16-APA-00337]58 Pa e 3 of 8
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GRANTEES' ACCEPTANCE: The following parties hereby approve and accept the foregoing
Conservation Easement and agree to all of its terms and provisions:
CONSERVANCY OF SOUTHWEST
FLORIDA, INC.
By: Signature of Witness
Its: President and CEO 0
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Print Name of Witness
Signature of Witness °
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Print Name of Witness 4
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STATE OF FLORIDA
COUNTY OF COLLIER
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The foregoing instrument was executed and acknowledged before me this day of
,2012, by Andrew McElwaine,who [ ] is personally known to me, or [ ] produced
a current driver's license. G
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Notary Public w
Print Name:
Commission Expires:
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NATIONAL AUDUBON SOCIETY, INC.
By: Signature of Witness
Its:
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STATE OF Q
COUNTY OF o
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The foregoing instrument was executed and acknowledged before me this day of
2016, by
, who [ ] is personally known to me, or [ N
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FLORIDA AUDUBON SOCIETY, INC.
By: Signature of Witness
Its:
Print Name of Witness
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Signature of Witness ai
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Print Name of Witness
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STATE OF
COUNTY OF
The foregoing instrument was executed and acknowledged before me this day of v
, 2016, by , who [ ] is personally known to me, or [ to
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ENVIRONMENTAL DEFENSE FUND, INCORPORATED
By: Signature of Witness
Its:
Print Name of Witness
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Signature of Witness
Print Name of Witness
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STATE OF Q-
COUNTY OF
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The foregoing instrument was executed and acknowledged before me this day of
, 2016, by , who [ ] is personally known to me, or [ ]
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IZAAK WALTON LEAGUE OF AMERICA, INC.
(FLORIDA DIVISION)
By: Signature of Witness
Its:
Print Name of Witness O
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Print Name of Witness
STATE OF FLORIDA 8
COUNTY OF
The foregoing instrument was executed and acknowledged before me this day of
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LEGAL DESCRIPTION (NOT A SURVEY)
MARCO ISLAND EXECUTIVE AIRPORT
15'WIDE CONSERVATION EASEMENT
A PARCEL OF LAND LYING IN AND BEING PART OF SECTION 26 AND 35,TOWNSHIP 51
SOUTH, RANGE 26 EAST,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF TRACT 0"OF MARCO SHORES UNIT 2
ONE AS RECORDED IN PLAT BOOK 14 AT PAGES 33 THROUGH 38 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA:THENCE ALONG THE EAST LINE OF SAID
TRACT^O^.SOUTH 11"59'55^EAST,ADISTANCE DF71.18FEET TDAPOINT 0NTHE
WEST LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2034 AT PAGE
1261 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE ALONG THE ^�
BOUNDARY OFSAID LANDS, NORTH 77,5S'5G''EAST,ADISTANCE OF35O.0UFEET;
THENCE NORTH 12"00'OO^WEST,ADISTANCE DF22O.O0FEET;THENCE
NORTH 7O~U0'O5''EAST,ADISTANCE OF300.0OFEET;THENCE SOUTH 12,UO'O0^EAST,A
DISTANCE OF70.00FEET;THENCE SOUTH 40"U1'1O^EAST,ADISTANCE OF214.4V
FEET TO THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED;THENCE
EAST,CONTINUE SOUTH 4O"O1'1U^ AD|8TANCEOF2O�81FEETTOTMENO�THEA�T .
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CORNER OF THE EAST BOUNDARY;THENCE ALONG SAID EAST BOUNDARY,
SOUTH 12°OU'OU^EAST,ADISTANCE OF525O.0OFEET;THENCE SOUTH 41^28'10' WEST,
ALONG THE SOUTHEAST BOUNDARY,A DISTANCE OF 18.66 FEET,THENCE LEAVING
SAID BOUNDARY,NORTH 12°O0'8O^WEST,ALONG ALINE WHICH|815FEET WESTERLY
OF,AS MEASURED AT RIGHT ANGLES TO THE EAST BOUNDARY,A DISTANCE OF
5283.33 FEET TO THE POINT OF BEGINN|wa. C•1
CONTAINING 1.81 ACRES MORE OR LESS m
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LEGAL DESCRIPTION (NOT A SURVEY
MARCO ISLAND EXECUTIVE AIRPORT
' TRACT"Q" CONSERVATION EASEMENT
A PORTION OF TRACT"0"OF MARCO SHORES UNIT ONE,AS RECORDED IN PLAT
BOOK 14 AT PAGES 33 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT"0';THENCE ALONG THE 2
EAST LINE OFSAID TRACT''O^.SOUTH 11"59'55^EAST,ADISTANCE OFr1.18FEET TO
A POINT ON THE WEST LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 2034 AT PAGE 1261 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
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THENCE SOUTH 77°59'50^WEST,ADISTANCE 0F17442FEET TOAPOINT 0NTHE 6
NORTH LINE OFTRACT^0'';THENCE ALONG SAID NORTH LINE, NORTH 53"45'05^EAST, <
ADISTANCE OF13.79FEET;THENCE NORTH 24"45'10''EAST,ADISTANCE OF572O as
FEET;THENCE NORTH 88"14'17^EAST, 12S.11FEET TOTHE POINT OFBEGINNING.
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SKETCH OF DESCRIPTION
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PLAT BOOK 14,PAGES 11-38
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