Agenda 03/24/2015 Item #16D5 3/24/2015 16.D.5.
EXECUTIVE SUMMARY
Recommendation to approve a standard Donation Agreement that allows Marco A. Espinar to
donate a 2.26 acre parcel along with a management endowment of $8,802.70 to the Conservation
Collier Land Acquisition Program under the offsite vegetation retention provision of the Land
Development Code LDC Sec 3.05.07H.1.f.iii. (b), at no cost to the County, and authorize the
Chairman to sign the Donation Agreement and staff to take all necessary actions to close.
OBJECTIVE: Acceptance of a donation of a 2.26 acre parcel for the Conservation Collier Program,
with prohibited exotic vegetation having been removed, and including a management endowment of
$8,802.70.
CONSIDERATIONS: A 2010 Land Development Code amendment(Section 3.05.07 H.1.f.i. (f) and (g))
provides the option to developers to accomplish their required native vegetation retention offsite by
donating lands and management endowment funds to the Conservation Collier Program.
Marco A. Espinar is the owner of a 2.26 acre parcel and is planning to convey this parcel located within
the Red Maple Swamp Preserve in North Golden Gate Estates, along with a management endowment, to
the Conservation Collier Program as offsite preservation for 2.26 acres on the Collier 36 development
(PUDZ-PL20140000340—a.k.a.Tuscany Point 2)under the above referenced LDC provision. This parcel
will be cleared of exotic vegetation prior to donation. Acceptance of this parcel by Conservation Collier
will serve to further the protection of environmentally sensitive lands within Red Maple Swamp Preserve.
The CCLAAC previously recommended acquisition of parcels within Red Maple Swamp Preserve, as all
parcels in this project are on the 2011 A-List, which was approved at the January 25, 2011 Board
meeting, Agenda Item No. 10B. Additionally, the Land Development Code, (LDC) Section 3.05.07
H.1.f. iii. (b), specifically allows donations within North Golden Gate Estates Unit 53, aka Red Maple
Swamp Preserve.
Upon approval, the attached standard form Donation Agreement and a Warranty Deed will be prepared
for the County Attorney's Office review and approval for execution by the Chair and recordation.
FISCAL IMPACT: There is no cost to the County associated with acceptance of this property. The
Collier County Property Appraiser values this parcel at $3,200 per acre or a total of $7,232. The
$8,802.70 management endowment required by the LDC (25% of the cost to Conservation Collier of
similar lands) is expected to cover maintenance costs for 11 years. The management endowment payment
will be deposited into Conservation Collier Maintenance Fund (174). Because of its environmental
condition, its location within the Red Maple Swamp Preserve boundary and the proposed management
endowment, this 2.26 acre donation is not anticipated to increase the Red Maple Swamp Preserve project
perpetual operations and maintenance costs in the near future. After endowment funds are depleted, cost
to manage the property will be minimal. Potential future costs will be incorporated into the Conservation
Collier Long Term Financial Management Plan.
GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with
and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County
Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires majority
vote for approval. -JAB
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3/24/2015 16.D.5.
RECOMMENDATION: Staff is recommending that the Board:
l) Approves and accepts a standard form Donation Agreement and Warranty Deed from Marco A.
Espinar.
2) Authorizes the Chairman to execute the Donation Agreement with Marco A. Espinar and any and all
other County Attorney's Office approved documents related to this transaction once they have been
approved by the County Attorney's Office;
3)Authorizes staff to accept the land management endowment; and
4) 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: Alexandra Sulecki, Principal Environmental Specialist, Parks and Recreation Department,
Conservation Collier Program
Attachments: Draft Donation Agreement
Project Design Report
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.5.
Item Summary: Recommendation to approve a standard Donation Agreement that allows
Marco A. Espinar to donate a 2.26 acre parcel along with a management endowment of
$8,802.70 to the Conservation Collier Land Acquisition Program under the offsite vegetation
retention provision of the Land Development Code LDC Sec 3.05.07H.1.f.iii. (b), at no cost to the
County, and authorize the Chairman to sign the Donation Agreement and staff to take all
necessary actions to close.
Meeting Date: 3/24/2015
Prepared By
Name: BetancurNatali
Title: Operations Analyst,Beach &Water
2/25/2015 3:04:23 PM
Submitted by
Title: Environmental Specialist,Principal, Conservation Collier
Name: SuleckiAlexandra
2/25/2015 3:04:24 PM
Approved By
Name: WilliamsBarry
Title: Division Director-Parks & Recreation,Parks &Recreation
Date: 3/3/2015 9:49:08 AM
Name: TownsendAmanda
Title: Division Director-Operations Support, Public Services Department
Date: 3/4/2015 3:23:26 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Services Department
Date: 3/6/2015 1:55:01 PM
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Name: Washburnllonka
Title: Manager-Park Operations,Parks &Recreation
Date: 3/9/2015 3:18:05 PM
Name: CarneliSteve
Title: Department Head-Public Services, Public Services Department
Date: 3/10/2015 1:45:05 PM
Name: BelpedioJennifer
Title:Assistant County Attorney, CAO General Services
Date: 3/12/2015 8:29:16 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/12/2015 2:47:27 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management
Date: 3/13/2015 4:29:44 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 3/15/2015 8:22:03 PM
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3/24/2015 16.D.5.
CONSERVATION COLLIER
PROPERTY IDENTIFICATION NUMBER: 39493200103
COLLIER 36
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between MARCO A. ESPINAR, a single person, (hereinafter
referred to as "Owner"), whose mailing address is 3880 Estey Avenue, Naples, FL 34104,
and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and
assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112,
(hereinafter referred to as "County").
WITNESSETH:
WHEREAS, Owner is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A" attached hereto and made a part hereof by reference.
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property
to the County for the stated purposes, on the terms and conditions set forth herein, said
terms including that no compensation shall be due and payable for the Property requested by
County; and
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which is
hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. Owner shall convey the Property via a Warranty Deed to County at no cost to the
County, unless otherwise stated herein.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property upon their recording in
the public records of Collier County, Florida. Owner shall provide such instruments, properly
executed, to County on or before the date of Closing.
3. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date County executes this Agreement;
unless extended by mutual written agreement of the parties hereto. The Manager of Real
Property Management or designee is authorized to enter into such mutual written agreements
on behalf of the County for extensions of up to an additional sixty (60) days without further
approval by the Board of County Commissioners.
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3/24/2015 16.D.5.
4. Owner is aware and understands that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida. The purpose
of the Agreement is to satisfy the offsite preservation requirement for PUDZ-PL20140000340,
Collier 36, as required by the 2010 Land Development Code amendment (Section 3.05.07
H.1.f.i. (f) and (g).
5. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws; that no
hazardous substances have been generated, stored, treated or transferred on the Property
except as specifically disclosed to the County; that the Owner has no knowledge of any spill
or environmental law violation on any property contiguous to or in the vicinity of the Property
to be conveyed to the County, that the Owner has not received notice and otherwise has no
knowledge of a) any spill on the Property, b) any existing or threatened environmental lien
against the Property or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Property. This provision
shall survive Closing and is not deemed satisfied by conveyance of title.
6. Owner shall indemnify, defend, save and hold harmless the County against and
from, and to reimburse the County with respect to, any and all damages, claims, liabilities,
laws, costs and expenses (including without limitation reasonable paralegal and attorney fees
and expenses whether in court, out of court, in bankruptcy or administrative proceedings or
on appeal), penalties or fines incurred by or asserted against the County by reason or arising
out of the breach of Owner's representation under Section 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
7. The cost of a title commitment and title policy shall be paid by Owner. Owner shall
pay for all costs of recording the conveyance instrument, and recording costs for any curative
instruments, in the Public Records of Collier County, Florida. Owner shall be responsible for
paying any costs and/or fees associated with the securing and recording any Releases of
mortgage(s) recorded against the Property from any mortgagee(s). All other costs
associated with this transaction including but not limited to transfer, documentary and
intangible taxes shall be borne and paid by Owner.
8. Prior to Closing, Owner shall remove or cause to be removed from the Property, at
Owner's sole cost and expense, any and all exotic vegetation on the Property deemed
necessary to be removed by County.
9. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both parties and shall inure to the benefit of and be binding
upon the parties hereto and their respective heirs, executors, personal representatives,
successors, successor trustees, and/or assignees, whenever the context so requires or
admits.
10. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written Agreement,
including all exhibits attached hereto, shall constitute the entire Agreement and
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3/24/2015 16.D.5.
understanding of the parties, and there are no other prior or contemporaneous written or oral
agreements, undertakings, promises, warranties, or covenants not contained herein.
11. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Owner shall
make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of
the name and address of every person having a beneficial interest in the Property before the
Property held in such capacity is conveyed to County, its successors and assigns. (If the
corporation is registered with the Federal Securities Exchange Commission or registered
pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is
hereby exempt from the provisions of Chapter 286, Florida Statutes.)
12. This Agreement is governed and construed in accordance with the laws of the State
of Florida
IN WITNESS WHEREOF, the Owner has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY BCC:
AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk TIM NANCE, CHAIRMAN
Approved as to form and legality:
Jennifer A. Belpedio, Assistant County Attorney 037-C
c,
3
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AS TO OWNER:
WITNESSES:
Witness#1 (Signature)
Witness#1 (Print Name)
MARCO A. ESPINAR
Witness#2 (Signature)
Witness#2 (Print Name)
4
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EXHIBIT
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i=ca:.P.GfaFa? .5!AVcPJ'6
_.. 950 Encore Way Naples,Flor{ala 34110 Phone 239.254.2030 Fa 239 254 2099
HM PROJECT#2014.001
11/20/2014
REF. DWG.#B-7030
Page 1 of 1
LEGAL DESCRIPTION:
THE SOUTH 2.26 ACRES OF THE WEST 180 FEET OF TRACT 37, GOLDEN GATE ESTATES UNIT
53,AS RECORDED IN PLAT BOOK 93 PUB OF LIC COUNTY,
FLORIDA, LYING IN SECTION 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF TRACT 37,AS SHOWN ON THE PLAT OF GOLDEN
GATE ESTATES UNIT 53, AS RECORDED IN PLAT BOOK 7, PAGE 93 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID TRACT 37,
S00 33 34 E FOR A DISTANCE OF 604.26 FEET, TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED. THENCE LEAVING THE WEST LINE OF SAID TRACT 37, N89°32'16"E FOR A
DISTANCE OF 179.99 FEET,TO A POINT ON THE EAST LINE OF THE WEST 180 FEET OF SAID
TRACT 37;THENCE RUN S00°33'36"E FOR A DISTANCE OF 541.12 FEET ALONG THE EAST LINE
OF THE WEST 180 FEET OF SAID TRACT 37;THENCE RUN S85°42'48'W FOR A DISTANCE OF
180.38 FEE t ALONG THE SOUTH LINE OF THE WEST 180 FEET OF SAID TRACT 37; THENCE RUN
N00°33'34"W FOR A DISTANCE OF 553.16 FEET ALONG THE WEST LINE OF SAID TRACT 37, TO
THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 98,484 SQUARE FEET OR 2.26 ACRES MORE OR LESS.
BEARINGS REFER TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 8,
TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AS BEING S85°42'48"W.
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION NUMBER LB 1772
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BY i .t, ft''.e^' 1 ,!'' P.S.M.#t5628
THOMAS M. MURPHY ( STATE OF FLORIDA
d1,0MDATA-5V\2014\2024001\DIN\StABOUNDAR1ES\GGE U53 Tr 37 lot split\GGE U53 TR37 W180 52.26AC,.docx
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N THIS IS NOT A SURVEY
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U.R. OFFICIAL RECORDS BOO.
P.8. = PLAT BOOK P.B. 44 PG, 41
PG. = PAGE(S)
P08 = POINT OF BEGINNING
PDC = POINT OF COMMENCEMENT
SEC-TWN-RGE: 950 Encore Way rRO1t cT Nn
3-4FDATE '-''.1 4. No pies, Fl. 34110 ^SKETCH OF LEGAL DESCRIPTION i 4,001
PRAWN BY: DATE °� ;
R.A.K., 71/5J14
`' Phone: (23w) 254 2000 -_
HOLE MONTES Florida �,r_H 2.26 ACRES OF TRACT 37 RC RCWCE. Nt. 7
CHECKED BT; DRAWING ND. f
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3/24/2015 16.D.5.
Conservation Collier Land Acquisition Program
Project Design Report
Date: March 24, 2015
CON
4 ATtON Conservation Collier:
Collier 36 Donation Parcel `
Red Maple Swamp Preserve
AtajElonda Water Management District
az
Bird Rookery Swamp
County Cow Pasture = Collier 36 (Espinar) donation
_ § parcel 2.5 ac
3,
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g F
r f
Legend
0 500 t.000 Feet
n Collier 36 Donation Property
Acquired
c [Jb Co se r CIF 'CIaRAS _
ras coiep o,�rte 1�t:'. ( Conservation Dottier acquired
Lnntl AOneticns4ofri,}C.min ane 1pa
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Property Owner: Marco A. Espinar—to be donated for PUDZ-
PL201440000340/Collier 36
Folio(s): 39493200006
Location: GOLDEN GATE EST UNIT 53 W 180FT OF TR 37
Size: 2.26 acres
Collier County Appraiser Value: $6,825
1
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History of Project:
Project Selected for the "A" AAL most recently Donation CCLAAC review*
category, #1 priority, on the approved by BCC Application
Active Acquisition List Received
(AAL)by CCLAAC
12/15/04 1/25/11 1/29/15 12/13/10
*It was determined that properties within NGGE Unit 53/Red Maple Swamp and
Winchester Head, which are both approved donation areas in the LDC, do not need to be
brought back to CCLAAC for additional recommendation.
Purpose of Project: Environmental Conservation—Conservation Collier Program
Program Qualifications:
The Red Maple Swamp multi-parcel project, which includes the Espinar/Collier 36 2.26-
acre donation parcel, is referenced within the Land Development Code (LDC) Section
3.05.07, H.1.f. iii. a. as an appropriate offsite location for land donations to satisfy
developer preservation commitments. This parcel is located within the Red Maple
Swamp Project Area.
Red Maple Swamp is an undeveloped Unit (Unit 53) within the North Golden Gate
Estates (NGGE) incorporating 305.69 acres and 105 parcels. Conservation Collier has
acquired 200.24 acres and 71 parcels and currently owns 65% of lands within the project
area.
Native habitat present over the whole unit is wetland hardwood forest, with a substantial
portion of that being dominated by cypress and red maple swamp and the remainder by
native and exotic re-growth over a historic farm field (approximately 100 acres). Soils,
hydrology and extant plant species indicate that the entire unit is a seasonal wetland, with
surface water present during rainy season and moist conditions remaining during dry
season (excepting drought conditions when water tables may recede lower). The area
contributes moderately to Lower Tamiami aquifer recharge. This particular parcel
contains cypress, red maple, dahoon holly and popash in the canopy and wetland
dependent and adapted plants in the midstory and on the ground. Exotic invasive plants
Brazilian pepper and Japanese climbing fern make up anywhere from 15% to 35% of the
vegetation, depending on area. Most of the exotics are located along the south boundary.
Listed wetland dependent birds, including Wood storks, snowy egrets, ibis and little blue
herons have been observed during site visits and the entire unit is directly adjacent to
Priority One Panther Habitat, as designated by the Florida Fish and Wildlife
Conservation Commission. Deer have been observed and Florida Black bears are known
to inhabit adjoining public lands.
In addition to protecting wetlands and listed species habitat, another important reason for
the selection of Red Maple Swamp as a conservation target is that it is connected on its
north and west sides with the 60,000 acre Florida Forever Corkscrew Regional
7
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Ecosystem Watershed (CREW) Project, which includes Corkscrew Marsh, Bird Rookery
Swamp, Flint Pen Strand and Audubon's Corkscrew Swamp Sanctuary. Through them,
Red Maple Swamp and this parcel connect with the Pepper Ranch and Caracara Prairie
Preserves, private mitigation lands and lands protected under the County's Rural Lands
Stewardship Program. Conservation Collier acquisitions within NGGE Unit 53 would
enhance, protect, and buffer these conserved lands. The acquisition of lands within Red
Maple Swamp will also provide additional public access opportunities to the area
including a connection with adjoining Bird Rookery Swamp, where a 1,200-foot
boardwalk has been built and nearly 12 miles of hiking trails have been created by
SFWMD. Staff will coordinate with SFWMD when planning for public access to Red
Maple Swamp lands.
Projected Management Activities:
Removal of exotic plants, construction of trails, parking and placement of fencing and
signage are projected management activities. An Interim Management Plan (IMP) has
been drafted and approved. A final management plan will be developed once enough
contiguous parcels have been acquired to make management actions cost effective.
Currently, 50 contiguous acres on the west side of the preserve are under management for
exotic plants.
This parcel contained approximately 15-35% exotic cover. It will be treated by the
donors prior to acceptance. Control of exotics on this parcel, consisting of herbicide
applications, will be ongoing from time of acceptance. The donated management
endowment of$8,802.70 will cover exotic maintenance for approximately 7 years. After
that time, exotic maintenance should be minimal and will be included in the management
budget for the overall Red Maple Swamp project. Because of the seasonal wetland
nature of the site, any future trails may be seasonal. A raised boardwalk would be the
best public access opportunity, however, this will not be considered until sometime well
into the future of the project when more parcels are acquired. Nature photography and
bird watching from roadways are two activities that can occur at present. After
consideration of risks and liability, it may be possible to allow school children to visit
specific parcels as part of an educational program about wetlands. Currently, 41st Ave
NW, an unpaved limerock road, provides access and the only parking is along the road
right-of-way. Minimal management activities, like regular visitation and trash removal
can be accomplished using both staff and volunteer labor.
3
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