Agenda 04/23/2013 Item #16D 94/23/2013 16. D.9.
EXECUTIVE SUMMARY
Recommendation to grant a Deed of Conservation Easement to the South Florida Water
Management District for the Gordon River Greenway Park, Project 80065.1.
OBJECTIVE: To comply with South Florida Water Management District (SFWMD) Permit No. 11-03344 -
P, Army Corps of Engineers (ACOE) Permit No. SAJ- 2011 -00485 (IP -MMB), and Florida Communities
Trust (FCT) Management Plan requirements for the development of the Gordon River Greenway Park.
CONSIDERATIONS: This project is planned for the construction of a 125.11 + /- acre park and pathway
with restroom, boat and kayak launch, pavilion and parking facilities south and east of the Naples Zoo
property.
Contract 07 -4131 "Design Services for Gordon River Greenway" in the amount of $1,240,041 was
awarded to Kimley -Horn, Inc., on December 12, 2007, Agenda Item 10G. The Site Development Plan
No. PL2011001236 was approved on August 24, 2012. On February 26, 2013, Agenda Item 11A, the
Board approved the award of a construction contract to Manhattan Construction, Inc. in the amount of
$8,939,010.
The final environmental permit from SFWMD was issued on June 11, 2012, and from ACOE was issued
October 10, 2012. A location map and vicinity map are attached for reference.
The County -owned property is subject to the regulatory jurisdiction of the SFWMD, ACOE and FCT. The
County must adhere to the requirements of SFWMD Permit No. 11- 03344 -P, which provides for the on-
site wetlands to be placed under a conservation easement, and a mitigation program to be implemented
to enhance, create, restore, preserve and maintain selected wetland and upland areas. The County is
responsible for the implementation of a preserve management plan for maintaining the Deed of
Conservation Easement (Conservation Easement) area. The Conservation Easement encumbers 103.94
net acres more or less.
The SFWMD, the ACOE, FCT, the Parks & Recreation Department, and the County Attorney's Office
have provided approval of the attached Conservation Easement outlining the responsibilities of each
party. The Conservation Easement shall run with the land and remain in full force and effect forever.
FISCAL IMPACT: Funds of $200 for recording and certified copies of the Conservation Easement are
available in the FY 13 budget for this action in Project 80065.1.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is legally
sufficient and requires a majority vote for approval. - JBW
GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management
Plan.
RECOMMENDATION: That the Board of County Commissioners approve the Conservation Easement to
SFWMD in the form attached; authorize Chairwoman to execute the Conservation Easement on behalf of
the Board once approved by the County Attorney's Office; and authorize the recording of the
Conservation Easement in the Public Records of Collier County, Florida.
PREPARED BY: Sue Jim Zimmerman, Sr. Property Acquisition Specialist, Real Property Management /
Facilities Management Department
Attachments: Deed of Conservation Easement to SFWMD, Location Map, Vicinity Map
Packet Page -1336-
4/23/2013 16.D.9.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.9.
Item Summary: Recommendation to grant a Deed of Conservation Easement to the South
Florida Water Management District for the Gordon River Greenway Park, Project 80065.1.
Meeting Date: 4/23/2013
Prepared By
Name: ZimmermanSue
Title: Property Acquisition Specialist,Facilities Managem
4/15/2013 1:08:22 PM
Submitted by
Title: Property Acquisition Specialist,Facilities Managem
Name: ZimmermanSue
4/15/2013 1:08:24 PM
Approved By
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 4/16/2013 9:56:37 AM
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
Date: 4/16/2013 10:03:48 AM
Name: BetancurNatali
Title: Operations Analys, Parks & Rec -NCRP Admin
Date: 4/16/2013 10:09:37 AM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 4/16/2013 2:04:49 PM
Name: RubertoTony
Packet Page -1337-
Date: 4/16/2013 2:14:31 PM
4/23/2013 16.D.9.
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 4/16/2013 3:00:22 PM
Name: CarnellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 4/16/2013 4:02:18 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/16/2013 4:25:55 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 4/16/2013 5:03:19 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 4/17/2013 9:31:42 AM
Packet Page -1338-
• •
SOUTH FLORID 1NATER MANAGEMENT DISTRICT
DEED CONSERVATION EASEMENT
Return recorded document to:
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Environmental Resource Compliance
3301 Gun Club Road
West Palm Beach, FL 334164680
THIS DEED OF CONSERVATION EASEMENT is given this day of , 2013, by
Collier County, a political subdivision of the State of Florida, ( "Grantor ") whose mailing address is 3335 Tamiami Trail
East, Suite 101, Naples, FL 34112 to the South Florida Water Management District ( "Grantee ") with third party
enforcement rights to the U.S. Army Corps of Engineers ( "Corps "). As used herein, the term "Grantor" shall include any
and all successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and
the term "Grantee" shall include any successor or assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Collier County, Florida, and more specifically
described in Exhibit "A" attached hereto and incorporated herein ( "Property "); and
WHEREAS, the Grantor desires to construct Gordon River Greenway Park ( "Project ") at a site in Collier County,
which is subject to the regulatory jurisdiction of South Florida Water Management District ( "District ") and the ACOE; and
WHEREAS, District Permit No. 11- 03344 -P ( "District Permit ") authorizes certain activities which affect surface
waters in or of the State of Florida; and
WHEREAS, the U.S. Army Corps of Engineers Permit No. SAJ -2011 -00485 (IP -MMB) ( "Corps Permit ") authorizes
certain activities in the waters of the United States and requires this site protection instrument over some of the lands
identified in Exhibit 3.3 as mitigation for such activities;
WHEREAS, these Permits require that the Grantor preserve, enhance, restore and /or mitigate wetlands and /or
uplands under the District's and Corp's jurisdiction; and
Whereas, the Corps has stated that it is not authorized to hold conservation easements, and the Grantor has
therefore agreed to the granting of third party beneficiary rights to the ACOE; and
WHEREAS, the Grantor has developed and proposed as part of the Permit conditions, a conservation tract and
maintenance buffer involving preservation of certain wetland and /or upland systems on the Property; and
WHEREAS, Grantor has acquired the property with partial funding from the Florida Communities Trust (FCT), and
the Property is subject to certain limitations provided in the FCT Grant Award Agreement a/k/a the Declaration of
Restrictive Covenants (as recorded in O.R. Book 4253, Page 713 in Collier County)(the "Agreement ");and
WHEREAS, as part and condition of the FCT funding, the Grantor provided and FCT approved a Management
Plan for the project site, and together with the Agreement, the terms of which are hereby incorporated herein by
reference (incorporated into the permit as Exhibit(s) 3.11 and 3.12, respectively); and
WHEREAS, Grantor intends that the conservation and recreation values of the Property be preserved and
enhanced in accordance with the Management Plan, as it maybe amended from time to time only after review and
approval by FCT; and
Incorporated by reference in paragraph 40E- 4.091(4)(a), F.A.C. ,. gdsay.
Form 1318 (12/2011) Page 1 of 7
Packet Page -1339-
4/23/2013 16.D.9.
WHEREAS, All activities by the Grantor shall be consistent with the Agreement and Management Plan, subject to
any future revisions, and shall not conflict with the Prohibited Uses described below; and
WHEREAS, the Grantor, in consideration of the consent granted by the District Permit, is agreeable to granting
and securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes, over the
area described on Exhibit "B" ( "Conservation Easement') which includes third party enforcement rights for the Corps.
NOW, THEREFORE, in consideration of the issuance of the District Permit to construct and operate the permitted
activity, and as an inducement to Grantee in issuing the District Permit, together with other good and valuable
consideration, the adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, creates, and
establishes a perpetual Conservation Easement for and in favor of the Grantee upon the Property described on Exhibit
"B" which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever.
The scope, nature, and character of this Conservation Easement shall be as follows:
1. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made a
part of this Conservation Easement.
2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in their natural,
vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish,
plants or wildlife. Those wetland andfor upland areas included in the Conservation Easement which are to be preserved,
enhanced or created pursuant to the District Permit shall be retained and maintained in the enhanced or created
conditions required by the District Permit. To carry out this purpose, the following rights are conveyed to the Grantee by
this easement:
a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the
rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by
Grantor at the time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent with this Conservation Easement and
to enforce the restoration of such areas or features of the Conservation Easement that may be damaged by any
inconsistent activity or use.
3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance and monitoring activities, or
surface water management improvements, or other activities described herein that are permitted or required by the
Permit, the following activities are prohibited in or on the Conservation Easement:
a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other
structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash,
waste, or unsightly or offensive materials;
C. c. Removal or destruction of trees, shrubs, or other vegetation, except for: (1) the removal of vegetation in
accordance with a District approved maintenance plan; or (2) the cutting or removal of vegetation which encroaches into
any airspace or surface governed by Federal Regulation 29 CFR Part77;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such
manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to remain in its natural or enhanced
condition
f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or
fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or water areas;
Incorporated by reference in paragraph 40E- 4.091(1)(a), F.A.G.
Form 131`8 (121.2011) Page 2 of 7
Packet Page -1340-
4/23/2013 16.D.9.
h. Acts or uses which are detrimental to the preservation of the structural integrity or physical appearance of
sites or properties having historical, architectural, archaeological, or cultural significance.
4. Passive Recreational Facilities. Grantor reserves all rights as owner of the Property, including the right to
engage in uses of the Property that are not prohibited herein and that are not inconsistent with any District or Corps rule,
criteria, the Permit and the intent and purposes of this Conservation Easement. Passive recreational uses that are not
contrary to the purpose of this Conservation Easement may be permitted upon written approval by the District and the
Corps. Without limiting the generality of the foregoing, the following rights are expressly reserved:
a. The Grantor may conduct limited land clearing for the purpose of constructing such pervious facilities as
docks, boardwalks or mulched walking trails; and
b. The Grantor may construct and maintain passive public use facilities for the purpose of educating the
public or allowing public access and recreation which have minimal or no impact on natural resources; and
c. Grantor may place signs and markers as necessary to identify trails, restoration areas, or other site
features related to public use and land management activities; and
d. Grantor may construct and maintain to the extent allowed by current and future permits, at grade,
management roads, fire breaks, trails, walkways, piers, observation platforms or boardwalks necessary to provide public
access and management activities as provided for in the site's management plan; and
e. Grantor may remove or kill by any lawful means, exotic or nuisance vegetation or animal species,
conduct prescribed burns and conduct other management activities necessary to carry out management for conservation
purposes; and
f. Grantor may conduct restoration and enhancement projects which do not conflict with the purpose of this
easement; and
g. The construction and use of the approved passive recreational facilities shall be subject to the following
conditions:
i. Grantor shall minimize and avoid, to the fullest extent possible, impact to any wetland or upland
buffer areas within the Conservation Easement Area and shall avoid materially diverting the direction of the natural
surface water flow in such area;
ii. Such facilities and improvements shall be constructed and maintained utilizing Best Management
Practices;
iii. Adequate containers for litter disposal shall be situated adjacent to such facilities and improvements
and periodic inspections shall be instituted by the maintenance entity, to clean any litter from the area surrounding the
facilities and improvements;
iv. This Conservation Easement shall not constitute permit authorization for the construction and
operation of the passive recreational facilities. Any such work shall be subject to all applicable federal, state, District or
local permitting requirements.
5. No Dedication. No right of access by the general public to any portion of the Property is conveyed by this
Conservation Easement.
6. Grantee's Liability. Neither Grantee nor the ACOE shall be responsible for any costs or liabilities related to the
operation, upkeep or maintenance of the Property.
7. Property Assessments. If and to the extent that the Grantor is not exempt from assessments and
assessments are levied against the Easement Parcel, Grantor shall keep the assessments on the Easement Parcel
current.
Incorporated by reference in paragraph 40E- 4.091 {1)(a), F.A.C. - — d acky
Form 1318 (1212011) Page 3 of 7
Packet Page -1341-
4/23/2013 16.D.9.
8. Enforcement. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be
at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the
event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder.
9. Rights of the U.S. Army Corps of Engineers ( "Corns "): The Corps, as a third party beneficiary, shall have the
right to enforce the terms and conditions of the site protection instrument, including:
a. The right to take action to preserve and protect the environmental value of the Property;
b. The right to prevent any activity on the Property that is inconsistent with the purpose of this instrument,
and to require the restoration of areas or feature of the Property that may be damaged by any
inconsistent activity;
c. The right to enter upon and inspect the Property in a reasonable manner and at reasonable times to
determine if Grantor or its successors and assigns are complying with the covenants and prohibitions
contained in this instrument;
d. The right to enforce this instrument by injunction or proceed at law or in equity to enforce the
provisions of this instrument and the covenants set forth herein, to prevent the occurrence of any of
the prohibited activities hereinafter set forth, and the right to require Grantor, or its successors and
assigns, and to restore such areas or features of the Property that may be damaged by unauthorized
activities. The Grantee and the Corps will coordinate with each other prior to taking any enforcement
action.
10. Third Party (Corps) Notice Rights: The Grantor, including their successors or assigns, shall provide the Corps
at least 60 days advance notice in writing before any action is taken to amend, alter, release, or revoke this instrument.
The Grantee shall provide reasonable notice and an opportunity to comment or object to the release or amendment to the
Corps. The Grantee shall consider any comments or objections from the Corps when making the final decision to release
or amend such a conservation easement.
11. Florida Communities Trust Notice Rights: The Grantor shall also provide the FCT, whose mailing address is:
Department of Environmental Protection, 3900 Commonwealth Blvd., MS #115, Tallahassee, Florida 32399, at least 60
days advance notice in writing before requesting that any action is taken to modify, alter, release or revoke this
Conservation Easement.
12, Assignment. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee
will not assign its rights and obligations under this Conservation Easement except to another organization or entity
qualified to hold such interests under the applicable state laws.
1.3. Severability. If any provision of this Conservation Easement or the application thereof to any person or
circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected
thereby, as long as the purpose of the Conservation Easement is preserved.
14. Terms, Conditions, Restrictions, Purpose. The terms, conditions, restrictions and purpose of this
Conservation Easement shall be referenced by Official Record Book and Page Number by Grantor in any subsequent
deed or other legal instrument by which Grantor divests itself of any interest in the Conservation Easement. Any future
holder of the Grantor's interest in the Property shall be notified in writing by Grantor of this Conservation Easement and
the third party enforcement rights of the ACOE.
15. Written Notice. All notices, consents, approvals or other communications hereunder shall be in writing and
shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the
appropriate party or successor- in4nterest.
16. Modifications. This Conservation Easement may be amended, altered, released or revoked only by written
agreement between the parties hereto or their heirs, assigns or successors -in- interest; which shall be filed in the public
records in Collier County. -
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C. 100429X
Form 1318 (1212011) Page 4 of 7
Packet Page -1342-
4123/2013 16.D.9.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purposes
imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in
perpetuity with the Property.
The Grantor agrees to defend the title to the Conservation Easement property hereby conveyed against the lawful
claims of all persons claiming by, through, or under the Grantor, except those claims created or arising from any act or
omission of Grantee.
IN WITNESS WHEREOF, Collier County (Grantor) has hereunto set its authorized hand this day of
, 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E, BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
Approved as to form and legal sufficiency:
Jennifer B. White
Assistant County Attorney
REVIEWED AND APPROVED FOR
FLORIDA COMMUNITIES TRUST BY:
Rick Mercer, Director
Office of Operations ! Land and Recreation
Florida Communities Trust
Reviewed and Approved by:
Print Name:
Title:
South Florida Water Management District
Reviewed and Approved by:
Print Name:
Title:
Army Corp of Engineers
Form 1318 (12/2011)
BY:
Georgia A. Hiller, Esq., Chairwoman
Bc
Incorporated by reference in paragraph 40E- 4.091(1) (a), FA. C.
Packet Page -1343-
Page 5 of 7
[DESCRIPTION OF PROPERTYI
Form 1318 (12/2011)
4/23/2013 16.D.9.
EXHIBIT A
THIS PAGE INTENTIONALLY LEFT BLANK - SEE EXHIBIT A ATTACHED
Incorporated by reference in paragraph 40E- 4.091(1)(a), F.A.G.
Packet Page -1344-
.. �. SLuum
Page 6 of 7
4/23/2013 16.D.9.
EXHIBIT--&-
Page I of _ 5
e- +
5 - w g b8b
�I
"Al Af
� R
f � t
I I�
I � m
oil
At IV?
g
�Y� AE�
Adz
110 'Jill qR3 111111 1111 ii
I
Packet Page - 1345
EXHIBIT-JA-
Page_ CR—of Z
4/23/2013 16.D.9.
fill
lit
in
FRANK LD C,
All I
?5o
;e � '''�aR �x '`�� ,Ry " Ri �� i �� I� � I area \� �
p
v
----------------
IS
4
ACID C: CCD
gv
$ 3S INA C)
ry
A
fit
0 MI■ ml4 ■ ■ tfi 77Pan «€ n St $ !��Q$.a �' n t( $ y Y ,e a A
p i I ,if �p d i 16 §r ,I S; I I r
I I It[
L �ijr i
.43 ;JJL I I
It r v
1 ;2411 1
I it I I'll it lit ifil
Jun !
f Ef
Packet Page -1346--
w
i
4/23/2013 16.D.9.
EXHIBIT.
Page of
— — —I — ,OG'S6b M„SI- ,5£bON
,Sb'£Bl
I
1
r xz
f 1 _ A, !..
_ A
tj j;G
a W m
w w i
3„OS,61.003
i0
E V
w
�T
Z
oo � I
I
n ; --
IN
lea.>y.`
Packet Page -1347-
EXHIBIT B
(LEGAL DESCRIPTION AND SKETCH]
4/23/2013 16.D.9.
THIS PAGE INTENTIONALLY, LEFT BLANK - SEE EXHIBIT B ATTACHED
Incorporated by reference in paragraph 40E-4,091 (1)(a), FA C.
Form 1318 (1212011)
Packet Page -1348-
_ sfMtmd.gosr j
page 7 of 7
wilsonmiller
4/23/2013 16.D.9.
0 Stantec
3200 Bailey Lane, Suite 200
Naples, FL
Tel: (239) 6449.409.40 4p LEGAL DESCRIPTION
Of part of Lots 3 and 97,
Naples Improvement Co's. Little Farms
Plat Book 2, page 2, and part of
Section 34, Township 49 South, Range 25 East,
Collier County, Florida.
Gordon River Greenway Park (Conservation Easement Areas)
(Conservation Easement Area 1)
All of that part of Lot 97, according to the plat of Naples Improvement Co's. tittle Farms,
Plat.Book 2, page 2, of the public records of Collier County, Florida, being more
particularly described as follows;
Commencing at the Northeast corner of Section 34, Township 49 South,
Range 25 East, Collier County, Florida;
Thence along the east line of said Section 34 South 00 °35'54" West 390.01 feet to the
POINT OF BEGINNING;
Thence continue along said east line South 00035'54" West 272.19 feet;
Thence still continuing along said east line South 00 °36'24" West 662.11 feet to a
point hereinafter referred to as Point "A ";
Thence leaving said east line South 89 °30'42" West 1,150.59 feet more or less to the
approximate top of bank of the Gordon River;
Thence along the approximate top of bank of Gordon River in the following eighteen
(18) described courses:
1. North 06 °35'53" West 27.14 feet;
2, North 18 °26'38 " East 14.90 feet;
3. North 00 °00'00" East 37.70 feet;
4. North 19 °02'05" East 36.15 feet;
5. North 35 °46'04" East 36.30 feet;
6. North 45 °00'53" East 36.67 feet;
7. North 31'41'50" East 30.57 feet;
8. North 53 °40'09" East 58.81 feet;
9. North 24 043'09" East 42.34 feet;
10. North 14 °06'34" West 47.07 feet;
11. North 49 041'48" West 37.43 feet;
12. North 83 036'45" West 67.00 feet;
13. North 05 029'23" West 425.38 feet;
14. North 02 °15'40" East 465.1.7 feet to a point hereinafter referred to as Point "B ";
15. North 11 *44!08" East 533.83 feet;
16. North 09 °52'42" East 481.60 feet;
17. North 22 °13'57" East 494.19 feet;
18. North 25 °21'04" East 297.36 feet;
Thence leaving said meander line -South 43 °48'06" East 119.68 feet;
Thence North 89 °29'59" East 368.52 feet;
Thence South 00 °11'13" East 461.26 feet;
Thence South 39 °45'16" East 128.55 feet;
Thence South 01 °14'14 East 241.06 feet;
Thence South 25 °19'28" West 115.53 feet;
Thence South 33 052'59 West 87.82 feet;
EACH I BIT
cage. ) of 9
Packet Page - 1349
4/23/2013 16.D.9.
W1I30Miller Stantec
Thence South 32 °02'14" West 289.41 feet;
Thence South 21 °33'08" West 216.41 feet;
Thence South 68 026'52" East 40.00 feet;
Thence North 21 °33'08" East 212.74 feet;
Thence North 32 °0214" East 285.10 feet;
Thence North 33 °52'59" East 59.68 feet;
Thence North 88 °45'46" East 64.81 feet to a point on the right of way easement as
recorded in Official Records Book 4097, page 661, of the public records of Collier
County, Florida;
Thence along said easement in the following three (3) described courses:
1. South 01'14'09" East 590.46 feet;
2. South 89 °46'05" West 60.00 feet;
3. South 00 °37'53" West 120.01 feet;
Thence leaving said easement continuing South 00 °37'53" West 149.22 feet;
South 89 024'06" East 60.12 feet to a point on the right of way easement as recorded
in Official Records Book 4535, pages 2342 -2346 of the public records of Collier
County, Florida;
Thence along said easement line South 00 °35'54" West 119.05 feet;
Thence continue along said easement South 89 °24'06" East 60.00 feet to the POINT
OF BEGINNING.
Containing 62.53 acres more or less.
ALSO INCLUDING:
(Conservation Easement Area 2)
All of that part of Lot 3, according to the plat of Naples Improvement Co's. Little Farms,
Plat Book 2, page 2, of the public records of Collier County, Florida, being more
particularly described as follows;
Commencing at the aforementioned Point "B ";
Thence North 03 °06'12" East 247.10 feet to the north line of said Lot 3 and the POINT
OF BEGINNING;
Thence South 13 °47'20" West 60.40 feet;
Thence 148.46 feet along the arc of -a non - tangential circular curve concave north
having a radius of 179.32 feet through a central angle of 47 °26'04" and being
subtended by a chord which bears South 72 °29'12" West 144.26 feet;
Thence North 13 °50'44" East 24.73 feet;
Thence North 15 °37'42" East 67.49 feet;
Thence North 56 °33'03" East 22.56 feet to the north line of said Lot 3;
Thence along said north line North 89 °40'10 East 109.05 feet to the POINT OF
BEGINNING.
Containing 0.26 acres more or less.
ALSO INCLUDING:
(Conservation Easement Area 3)
All of that part of Lot 3, according to the plat of Naples Improvement Co's. Little Farms,
Plat Book 2, page 2, of the public records of Collier County, Florida, being more
particularly described as follows;
Commencing at the aforementioned Point "B ";
Thence South 52 °10'55" West 59.84 feet to the POINT OF BEGINNING;
EXHIBIT-6-
Page 6L 9
Packet Page -1350-
4/23/2013 16.D.9.
Wifsonuilter 5tantec
Thence along the north line of that land described in Official Records Book 767, page
248, South 89 °40'31" West 289.89 feet;
Thence leaving said line North 08 °'1T19" East 23.82 feet;
Thence 4.36 feet along the arc of a non - tangential circular curve concave northwest
having a radius of 38.00 feet through a central angle of 06 034'06" and being
subtended by a chord which bears North 31'54'35" East 4.35 feet;
Thence North 28 °37'32" East 3.19 feet;
Thence 9.22 feet along the arc of a circular curve concave west having a radius of
11.50 feet through a central angle of 45 056'36" and being subtended by a chord
which bears North 05'39'29" East 8.97 feet;
Thence North 63 °19'18" East 23.50 feet;
Thence North 00 °20'29" East 14.77 feet;
Thence North 16 027'25" West 4.07 feet;
Thence North 28 °37'32" East 2,73 feet;
Thence 44.63 feet along the arc of a circular curve concave west having a radius of
38.00 feet through a central angle of 67 °17'09" and being subtended by a chord
which bears North 05 001'02" West 42.11 feet;
Thence North 42 °10'40" East 1.26 feet;
Thence North 32 °01'25" East 5.42 feet;
Thence North 22'21'16" East 5.67 feet;
Thence North 13 008'35" East 6,64 feet;
Thence North 03 °20'11" East 7.41 feet;
Thence North 00 °00'25" West 5.64 feet;
Thence North 14 °02'44" East 4.15 feet;
Thence North 09 °54'41" East 4.60 feet;
Thence North 21 °24'48" East 5.71 feet;
Thence North 25 047'06" East 4.63 feet;
Thence North 36 °22'51" East 6.20 feet;
Thence North 38 °24'53" East 3.63 feet;
Thence 12.98 feet along the arc of a non - tangential circular curve concave north
having a radius of 32.22 feet through a central angle of 23 005'14" and being
subtended by a chord which .bears North 85 °29'43' East 12.89 feet to a point of
reverse curvature;
Thence 62.02 feet along the arc of a circular curve concave south having a radius of
100.00 feet through a central angle of 35 °32'05" and being subtended by a chord
which bears South 88 °16'52" East 61.03 feet to a point of reverse curvature;
Thence 216.03 feet along the arc of a circular curve concave north having a radius of
243.31 feet through a central angle of 50 °52'18" and being subtended by a chord
which bears North 84 °03'01" East 209.01 feet;
Thence South 13 °47'20" West 89.02 feet;
Thence South 08 °57'31" West 102.74 feet ao the POINT OF BEGINNING.
Containing 1.05 acres more or less.
ALSO INCLUDING:
(Conservation Easement Area 4)
All of that part of Section 34, Township 49 South, Range 25 East, Collier County,
Florida, being more particularly described as follows;
Beginning at the aforementioned Point "A ";
Thence along the east line of said Section 34, South 00 °30'24" West 1,106.14 feet
more or less to the mean high water line of Gordon River and a point hereinafter
EXHIBIT-.k-
Page 3 of 9_
Packet Page - 1351 -
4/23/2013 16.D.9.
MISOMMer stantec
referred to as Point "C ";
Thence along the meander line of Gordon River as shown on WilsonMiller Inc. Survey
File No. 4G -1371 in the following ten (10) described courses:
1. South 50 °58'09" West 199.14 feet;
2. North 57049'55' West 170.86 feet to a point hereinafter referred to as Point "D ";
3. North 41'49'00" East 142.12 feet;
4. North 06 °17'26" East 147.93 feet;
5. North 40 °02'25" West 245.16 feet;
6. North 78 °51'05" West 270.68 feet;
7. North 56 °44"04" West 338.49 feet;
8. North 25 °24'03" West 230.83 feet;
9. North 48 °06'26" West 189.84 feet;
10. North 02 °50'41" West 116.95 feet;
Thence leaving said meander line North 89 °30'42" East 1,150.62 feet to the 'POINT OF
BEGINNING.
Containing 17.38 acres more or less.
ALSO INCLUDING:
(Conservation Easement Area 5)
All of that part of Section 34, Township 49 South, Range 25 East, Collier County,
Florida, being more particularly described as follows;
Commencing at the aforementioned Point "D ";
Thence North 18 006'05" West 114.89 feet to the meander line of Gordon River and the
POINT OF BEGINNING;
Thence along said meander line as shown on WilsonMiller Inc. Survey File No. 4G-
1371 in the following three (3) described courses:
1. North 88 °33'02" West 72.63 feet;
2. South 13 °14'57" West 209.05 feet;
1 South 47 °24'12 " West 149.66 feet to a point on the north line of Tract K,
according to the plat of The Common-, Professional Park, Plat Rnok 23, pages
23 -35, of the public records of Collier County, Florida;
Thence along the north line of said Tract K, South 89 029'59" West 756.32 feet;
Thence leaving said north line North 00 °40'08" West 904.00 feet to a point on the
ingress, egress and utility easement as recorced in Official Records Book 2977, page
2333, of the public records of Collier County, Florida;
Thence along said easement North 89 °38'42" East 74.67 feet;
Thence continue along said easement North 00 °21118" West 60.00 feet to a point on
the boundary of those lands described in Official Records Book 2977, page 2333, of the
public records of Collier County, Florida;
Thence along said boundary North 89 °38'36" East 214.13 feet more or less to the
said meander line of the Gordon River;
Thence along the meander line of the Gordon River in the following six (6) described
courses:
1. South 30 °57'25" East 135.17 feet;
2. South 51 °43'04" East 265.69 feet;
3. South 55 °33'47" East 191.66 feet;
4. South 85 °08'59" East 195.53 feet;
5. South 38 °30'59" East 154.96 feet;
6. South 08 °04'40" West 130.81 feet to the POINT OF BEGINNING,
EXH I BIT-b-
Page 4 of 9_
Packet Page -1352-
i
4/23/2013 16.D.9.
N417mifier stantae
Containing 16.43 acres more or less.
ALSO INCLUDING:
(Conservation "Easement Area 6)
All of that part of Section 34, Township 49 South, Range 25 East, Collier County,
Florida, being more particularly described as follows;
Commencing at the aforementioned Point "C ";
Thence along the east line of said Section 34, South 00 °30'24" West 223.28 feet to the
POINT OF BEGINNING;
Thence continue along said east line South 00 °04'52" East 1,320.44 feet;
Thence leaving said east line South 89 °56'35" West 319.03 feet more or less to the
meander line of Gordon River as shown on WilsonMiller Inc. Survey File No.
4G -1371 ;
Thence along the meander line of Gordon River in the following five (5) described
courses:
1. North 44 °00'24" East 129.66 feet;
2. North 06 °51'03" East 264.09 feet;
3. North 24 °26'44" West 261.95 feet;
4. North 11 °00'12" East 439.63 feet;
5. North 36 °41'49 " 'East 368.26 feet to the POINT OF BEGINNING.
Containing 6.59 acres more or less.
Containing 103.94 net acres more or less.
Subject to easements and restrictions of record.
Bearings are based on the East line of said Section 34, being
South 00 °35'54" West.
Certificate of authorization #LB -43.
WilsonMiller, Inc.
Registered Engineers and Land Surveyors
By: P Date: February 22, 2012
J hn . Maloney, Prof sioi l Surveyor and Mapper #LS4493
Ref: -839
Not valid unless embossed with the Professional's seal.
EXHIBIT -1-
Page of —3—
Packet Page -1353-
0
y r
W @ �
.O
U ppQ�W}}!!{{
N Y 7Fa SLt Si� r I
2Y
'0 �
m a
H / i
-w. W hlb
Kd
QM 5g,c -
2 I _
' p�2.�✓�1 N
[? 4
W o
Z sl
I
� r j
I sl ,y
h �
�.
Q
; �5a
Lv N f
Zak 7i a
¢i
z¢
C., I; � ;z
1
=W1' O
tt
f "-
a
In
CL
U
Z
m �
0
i°
z w
'c
yam
Z
O OQV Q
W iJa u�7
Z_. 0
toY7 s a
W z Wv a
-. W C Y � .Z W N
H c
w
w1 a
0,-
�M Uz UID I
o Z0ooLit n c o
�
z Li fa ¢ It Y
zz
c m000 acico
Z N JiW
EXHIBIT
Page_G of 9
Packet Page -1354-
N
ra
w
4/23/2013 16.D.9.
v�v�x Ma+s
w
ZO
NO -L(60
ro
.. M
z
qN
qqC
W W W W :5 fs
`l
=
SY`
«mwww -a
zzzzzz
U
Val
o�0000
�
g
W W W W
o
0. NNVt
�ZjZ2$2Z�Nµp--
UBUUUU
yz
J
V
� <
N� OM
w eV
v j Y
t
E
5
g
CO
i
T1
W 2'g
u.l
Wi
y�r J
i m
U °
O
Z
Z^ Q
LL
gyym'�
N
� C
v
'
"
1 V% N -0
N
2
C U
a
M
U
Z
m �
0
i°
z w
'c
yam
Z
O OQV Q
W iJa u�7
Z_. 0
toY7 s a
W z Wv a
-. W C Y � .Z W N
H c
w
w1 a
0,-
�M Uz UID I
o Z0ooLit n c o
�
z Li fa ¢ It Y
zz
c m000 acico
Z N JiW
EXHIBIT
Page_G of 9
Packet Page -1354-
N
ra
w
I
4/23/2013 16.D.9.
6 LO Lv W ti z
�.
I J– tNI
zgg 0 in
C) LLJ
Q =hdlg c
V) g33k e l w Z F cai N
Lz3.���., G CnQ 0 =V7p ueg umi
Oo-
w Ill. —N
Li
W
E– N
wp iI pN W g
LJ
W W v o
C
N I J
�G Z
C/) <
>
G /, / :J �.O Z LL
Z. z Q
I U N
/ /JJ .7�a �4A LJ o° o
°005
L57 N N _.. i (c
C.? N �. M n
taR V? 4 -
--I O.R. BOON 787 CY m U
PAGE 248 "-I C7➢ NI
7RE CONSERVANCY Z �^ Q �L19�'n a T
OF s.w. vLOala, O F- > <C j
Z Q. O U Q Li
J $I
LL 0
zo Q N fL 01K O :Q
u J uj
Z<i W m "F az Q
r
OOCC 'Gi = N.:v m
N N j
W . C5
V Cis
° N N
Co
' / n �.. O 0
.–�� Y st�x�, ''I" N n
O O 'm a W Vn i
_z` –w
d o gI i ila
.3 CN
.,
I ,x N
so
Cb m J .V V3'Jd
xn�3 S NC 0
G K }LC LL O U 4. u
EXHIBIT- --
Page_? of !i
Packet Page -1355-
U !D OrM
Z p O.,N
Q°
r
N NIO
O OI
M
{.,
m11p
p'lf)
O}
V
m
O O
N
O P
Oln
v1'n
^ rr O
° I+ C\
a u
tO pi10
:n
.-
I.O .--
b n
WIN
N
tD °
O!m
In.OIN
OO.
t0
O^
^) WIN
a
N
n N
lD N
m Olm
O O11(1
m
N
M
N M
MiV
N,�
p N .-.
47,N
l0 nii!)
p
a vi
pl(p
'7 m o
6pggS
W
CIS
p p
N:.�-
M
V'.N- N N
l N
N N
�.
C'1 Ot
Z! D
1n M
O u)
tCl V�
O tni
1p N
O �-
tf. N
p, d
M O
O
N N
.- m
Mr
N
M
m II^F
N h.
N O V1�
M p N-
1G .m
^'1
�',p
N, d
91 tD
p.
'M'
O 1(` 4n�
p ..
M
Kq'! v
^"
10 n
p M
Y. 0
Ni M
lO
N O
O n
H M
n
M p
D
p .-
C1
p
m
M..-
O nl
<v N
n 0
." � O
O O
N O N
q; N�
O N
m
�
�N
_N
W
O
O
m Jl
O O;
OD
WI O
CO O O
F'l in
_ _
io Cl
O
'
O O
N O
.D
C
N N. fV
h p. M
h: M� "!
Ni O
O
j p O1
O O
1n
N
f01 �]p
N MI M
LU
N
t/1 N(Q)
c p:
LA Z
Z Z
Z
Z`Z
O
!n N
N Z
Z Z
Z�Z
Z_ZjZ
Z.... Z
z Z Z
Z
Z Z;z
v: Vol
w
Z •'1
J
f7 M
J J
1Y'11 p
J
V' p
J,J
p .}
J J
C p
J
d tfip
J J
,n
47 N
J
47:V+
n'tn N
N11mf. l°p
41 tND
to (�D
is
1OOi
N t00
-•
N1Mp
,J
b
roim
N N
N
.J J
J'.
JIJ JI.J;J
J
J Jr
J!
Z_
W 4
4/23/2013 16.D.9.
4 I
P
w°
rJ9 8
r w�'�
a
K
< z 1
mlT
(.7 » N
Ow 1•i:�
z
Z
O o.�aM�
U I a
J
u Lu
N N
. N N
O
MIO
V O
O �'M
M
O'm
o? t�
t0
^
co N
ID 1n
0 Ll "2 Mj.N
N NIO u'o �.d
p
h '•
W
!•- m
n
^gyp
^ tC
1CIb
O
'512
M In
^.
p d
^ 1�
!'/1O
N t00
Y1 D�
m m
ID�O
m
p N
O
O
o
N N
'- O
!D DJ
N 1p0
6pggS
CIS
p p
N:.�-
M
V'.N- N N
l N
N N
O
= 3
NMN
s
p
3.313
v iv
wwwww
M m
of in
W.W
Wr'�3
N!
>wwwwww
°
�I N
w,wwwi.
nl w m in
; ; ;;
w,'p q
w!yww�w
ili
oor
is
Z In
In p
I(i M
O O
O
N[
Z Z
NLtD
z Z'
c
OD cc
z Z
O p
1n C Ot ��
a p
cc
m
�
�N
N O
111 'O.
Q N
(O O
O
M t0
ID
m if1
p N
'.a
M
a
s
O
M
M M
.O
M N'
0 0
.f O
c p:
p d
p rt
N
V:
N N^
a �.•
m �1
D
(n
Oi
C C
N Vt'..
10(�
O z
ZI Z
�'m
O 2
Z Z
.A 7
M .F
Z Z
"11
M tPi'
Z,. Z
p P
N
<
o1� M
sFi UD
2' Z
flt N
0 0
Z..Z
m
OI
Z'
N uY M m IJ
N R' a O
Z Z: N Z :n
m 7, MI h
O M O tV M 'n'
N V' C7 L7 JI
� O
N W
O N
.-I N
N M
Z: Z
M 7]
M O
z Z
z J,
J'J
J J
JiJ
m
O.^
N1Mp
:n
b
roim
N N
N
°
OM
W , e-•
\l
�
J �
Z_
W 4
p Oi
J J
JIJ.
J�.1
J
JiJ
J_
N!(y
J J_
N RRbr
J:J
N (OtVN
J J J
Mln•!'7
J J
J JIJ
MM
J
4/23/2013 16.D.9.
4 I
P
w°
rJ9 8
r w�'�
a
K
< z 1
mlT
(.7 » N
Ow 1•i:�
z
Z
O o.�aM�
U I a
J
u Lu
N N
. N N
'
® 5I -S
NI
D'O
�
NO'S
O
p O
.,n
�.N
�!.•;
6pggS
CIS
OION
!
+ 'V
W
O
= 3
NMN
W.W
O'C
Y1O
cNU
LL
N
D�N
MIO
N•
^'O
Y
(✓' N
O ^MOO
i 1n
N[
Z Z
NLtD
z Z'
c
OD cc
z Z
m
Z
U
a
N
�1
C`
a
o
d
3
N«
N 0M
a
IL�
.}..
M NCO
�
°
W , e-•
\l
�
a
Z_
W 4
p Oi
pNi(V
O
d.
y
a•
P
4
N N
p
Olr'1I0
O OiO
L�
O N
M
QO
-
0.0
J1
N
n
°
N
I
^I
IOMN
NON
y
w
.r
t
10
nI
MI
4
-
w
?? 5
NM
,a v1
n
=U
U UUIU
WU
LL
n
r
p
Y O
S
N
V
S O O
✓a
'I
6 KIN. Or�l4 W
EXHIBIT
Page—.5—Of _..
Packet Page - 1356 -
�
�
/
|
Li
*
-
Cn
Li N
0 CO
uj
bg
Of
oz w
Lo
ns
Lj
cr
oz
0 BE
u) COL
CL
'
page I_.nf_2__-
'
Packet Page 'l357-
'
4/23/2013 16.D.9.
O
a
n�n
wpygw
N�
g -r4�
m000D���m
fi
_
QS
u
�A'PVONNC
N
a
'V
y
00 T
J-
m
z
O mg nz��
Z A
N
N
i±z
-1
�m �; $
WOO
��
is
z .A,..�
�m�.nyAg�m
6
h?
m> li €A
o' >
b
N
vN
w
cu s mc
m�gpp P
Z 1;
z
mDZ
i
v eili _ N z
11
NA
A 11p
N
N N
g
-
�i_
NOS
'O
O
Zml
>[
n o cncr�,
000�
�Q5
_
2QZ2Q7�ZgZ
bbAADA
A
D
^
Z
000000
zzyzzzZ
O
a
n�n
wpygw
fi
_
QS
J-
m
z
1"0 g
��
II
6
h?
d
0
§��
0
A 11p
\r
g
p
O
IV
>[
n o cncr�,
000�
2QZ2Q7�ZgZ
bbAADA
^
Z
000000
zzyzzzZ
l
0
yz
OUI
a
l^'
5
D
IA -.
y
Utsl
u
AIMOP
I
11 9 II N h R
N
li
N
Z
�
G
aQ+V�On�i
N•�.tw Oi.fN
lowm[nmu
!v
p
M
L -i
o
Z
Y
N Lp) D S
N
rn
7J� O O
Z
I ik
�i
to o
m
1:
Az
HY
Packet Page -1358-