Loading...
Agenda 10/11/2011 Item #17C10/11/2011 Item W.C. EXECUTIVE SUMMARY Recommendation that the Board approve the withdrawal of the designation of the Stewardship Sending Area known as Half Circle L Ranch Partnership ( "HCLRP") SSA #8 and the termination of the Stewardship Sending Area Credit Agreement and the Stewardship Easement Agreement, and the canceling of the Stewardship credits generated by the designation of said Stewardship Sending Area. OBJECTIVE• That the Board of County Commissioners consider the withdrawal of the designation of the Stewardship Sending Area known as Half Circle L Ranch Partnership ( "HCLRP ") SSA #8, the termination of the Stewardship Sending Area Credit Agreement and the Stewardship Easement Agreement, and the canceling of the Stewardship credits generated by the designation of said SSA. CONSIDERATIONS: On June 26, 2006, the Board approved Resolution No. 2006 -149 which created the Stewardship Sending Area designated as HCLRP SSA #8 on a 5,299.5 -acre property owned by Half Circle L Ranch Partnership ( "HCLRP "), a Florida partnership, located within the boundaries of the Rural Lands Stewardship Area Zoning Overlay District in Collier County. On June 28, 2011, Item 9D, the Board discussed the property owner's request to have SSA 48 designation withdrawn. The Board directed the County Attorney to prepare the necessary agreements and bring it back for consideration. If SSA 48 is withdrawn, the Board will cancel the 7,576.5 Stewardship credits and the additional 299.6 bonus Stewardship credits granted to HCLRP, and terminate the Stewardship Sending Area Credit Agreement and the. Stewardship Easement Agreement for SSA #8. FISCAL IMPACT: Owner will pay for the recording of any of the agreements to clear title. GROWTH MANAGEMENT IMPACT: This request is consistent with the GMP because owners will be more willing to place their property in SSAs if owner has the ability to remove the designation if the economics do not support retaining the property as an SSA. LEGAL CONSIDERATIONS: HB 7207, also known as Chapter 2011 -139, Laws of Florida, made significant changes to Rural Land Stewardship Areas. It expressly provides that "the rural land stewardship area located in Collier County .... be recognized as a statutory rural land stewardship area and be afforded the incentives of this Section [163.3248]" Section 163.3248(8)(d) & (e), F.S. provide: (d) . Neither the creation of the rural land stewardship area by plan amendment nor the adoption of the rural land stewardship zoning overlay district by the local government may displace the underlying permitted uses or the density or intensity of land uses assigned to a parcel of land within the rural land stewardship area that existed before Packet Page - 1362 10/11/2011 Item 17.C. adoption of the plan amendment or zoning overlay district; however, once stewardship 1#01111N, credits have been transferred from a designated sending area for use within a designated receiving area, the underlying density assigned to the designated sending area ceases to exist. (e) The underlying permitted uses, density, or intensity on each parcel of land located within a rural land stewardship area may not be increased or decreased by the local government, except as a result of the conveyance of stewardship credits, as long as the parcel remains within the rural land stewardship area. These provisions seem to prohibit the concept of "permanent stewardship easements" until the stewardship credits are transferred to a receiving area. This means that the County may not be able to enforce the permanent stewardship easement or credit agreement until the credits are transferred to a sending area. Prior to the enactment of HB 7207, which became effective on July 1, 2011, the County Attorney had opined that conditional easements in the RLSA for SSAs meet the purpose and intent of the Stewardship program. SSA #8 is the only SSA that does not have a conditional easement and has not transferred its credits to an SRA. While the approval of the withdrawal of SSA #8 designation is an issue of fairness and a policy decision, the Board's decision will continue to be limited by HB 7207 and the new Section 163.3248, F.S. A majority vote of the Board is needed for approval. This item requires ex parte disclosures. (HFAC) RECOMMENDATION: In light of the enforcement limitations of HB 7207, the recommendation is to withdraw the SSA and approve the proposed Resolution, approve the proposed termination and release of the Stewardship Easement, and the Termination Agreement. PREPARED BY: Heidi Ashton - Cicko, Assistant County Attorney CP \1 l -CMP- 00803\2517 Packet Page -1363- 10/11/2011 Item 17.C. COLLIER COUNTY Board of County Commissioners Item Number: 17.C. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation that the Board approve the withdrawal of the designation of the Stewardship Sending Area known as Half Circle L Ranch Partnership ( "HCLRP ") SSA #8 and the termination of the Stewardship Sending Area Credit Agreement and the Stewardship Easement Agreement, and the canceling of the Stewardship credits generated by the designation of said Stewardship Sending Area. Meeting Date: 10/11/2011 Prepared By Name: CrotteauKathynell Title: Legal Secretary, County Attorney 9/20/2011 12:21:42 PM Approved By Name: BosiMichael Title: Manager - Planning,Comprehensive Planning Date: 10/4/20112:21:05 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 10/4/20112:35:34 PM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 10/4/20114:27:37 PM Name: KlatzkowJeff Title: County Attorney, Date: 10/4/2011 4:48:34 PM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Packet Page -1364- 10-4-N Date: 10/5/20119:52:51 AM Name: OchsLeo Title: County Manager Date: 10/5/2011 11:43:32 AM Packet Page -1365- 10/11/2011 Item 17.C. This instrument was prepared without an opinion of title and after recording return to: Richard D. Yovanovich, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 (239) 435 -3535 (space above this line for recording data) 10/11/2011 Item 17.C. TERMINATION AND RELEASE OF STEWARDSHIP EASEMENT THIS TERMINATION AND RELEASE OF STEWARDSHIP EASEMENT AGREEMENT (this "Termination ") is made this day of , 2011 by Collier County, Florida and Florida Department of Agriculture and Consumer Affairs, ( "Grantees "). rdmikil WITNES SET IT WHEREAS, pursuant to that certain Stewardship Easement Agreement executed by Half Circle L Ranch Partnership now known as Half Circle L Ranch Partnership, LLP ( "HCLRP ") dated June 20, 2006 and recorded August 16, 2006 in Official Records Book 4089, Page 2711 of the Public Records of Collier County, Florida (the "Easement "), HCLRP conveyed to Grantees certain easement rights over that certain property legally described on Exhibit "A" attached hereto and made a part hereof (the "Property") and WHEREAS, at the request of HCLRP, County desires to terminate, vacate, and release any and all of its right and interest in the Easement and further release, free, and discharge the Burdened Property from the encumbrance of the Easement; and WHEREAS, the Property was designated "HCLRP Stewardship Sending Area 8 ". NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, Grantees agree that the foregoing recitals are true and correct and Grantees do hereby permanently and forever terminate, vacate and release all of their right and interest in that Stewardship Easement Agreement granted to Grantees dated June 20, 2006 and recorded August 16, 2006 in Official Records Book 4089, Page 2717 of the Public Records of Collier County, Florida. The Property is hereby forever released, freed and discharged from the encumbrance of the Easement. (Remainder of Page Intentionally Left Blank Signature on Newt Page) Packet Page -1366- 111 11 I 10/11/2011 Item 17.C. IN WITNESS WHEREOF, the undersigned has signed and sealed these presents the day and year first written above. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and Legal sufficiency By: Jeffrey Klatzkow County Attorney Name Signature Name Signature STATE OF ) ) ss. COUNTY OF ) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred. W. Coyle, Chairman FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER AFFAIRS The foregoing instrument was acknowledged before me, this of 2011 by as for the Florida Department of Agriculture and Consumer Affairs, on behalf of said entity, who is ( ) personally known to me or ( ) has produced as evidence of identification. (SEAL) n NOTARY PUBLIC Name: (Type or Print) My Commission Expires: Packet Page -1367- 10/11/2011 Item 17.C. Agenda Item No. 17C June 20, 2006 Page 10 of 116 n DESCRIPTION OF LANDS KNOWN AS HALF CIRCLE L RANCH PARTNERSHIP SCOFIELD AS SHOWN ON A BOUNDARY SURVEY PREPARED BY SOUTHERN MAPPING TECHNOLOGY LB6627, DATED 8 -17 -04 COLLIER COUNTY, FLORIDA (5299.50 ACRES ±) All that part of Sections 13 thru 15, Sections 22 thru 24 & Sections 26 & 27, Township 46 South, Range 30 East, Collier County Florida, known as Half Circle L Ranch partnership as shown on a Boundary Survey prepared by Southern Mapping Technology dated August 17, 2004 being more particularly described as follows: BEGINNING at the southeast comer of said Section 24, said point also being at the southeast corner of lands known as the aforementioned Half Circle L Ranch Partnership Collier County, Florida; Thence along the south line of said Half Circle L Ranch Partnership lands North 89049'16" West 1,473,92 feet; Thence continue along said south line North 89 "48'53" West 3,872.80 feet; Thence along the east line of said Half Circle L Ranch Partnership lands South 00 °04'38" West 5,279.30 feet to a point on the south line of Section 26, Township 46 South, Range 30 East, Collier County, Florida; Thence along the south line of said Section 26 North 89 °54'15" West 5278.23 feet to the southeast corner of Section 27, Township 46 South, Range 30 East, Collier County, Florida; Thence along the south line of said Section 27 South 89 °54'39" West 5400.41 feet to the southwest corner of said Section 27; Thence along the west fine of said Section 27 North 00 °27'03" West 2,667.73 feet to the west quarter corner of said Section 27; Thence continue along said west fine North 00 °23'11" West 2,633.49 feet to the southwest comer of Section 22, Township 46 South, Range 30 East, Collier County, Florida; Thence along the west line of said Section 22 North 00 028'52" West 5384.66 feet to the southwest corner of Section 15, Township 46 South, Range 30 East, Collier County, Florida; Thence along the west line of said Section 15 North 00°18'10" East 2,703.42 feet to the west quarter corner of said Section 15; Thence continue along said west line North 00 °13'50" East 2,699.83 feet to the northwest comer of said Section 15, Thence along the north line of said Section 15 North 89 055'58" East 2,745.10 feet to the North quarter corner of Section 15; Thence continue along said north line North 89 °56'20" East 2,745.41 feet to the northwest corner of Section 14, Township 46 South, Range 30 East, Collier County, Florida; Thence along the north line of said Section 14 North 89 057'10" East 2,657.56 feet to the north quarter corner of said Section 14;. Thence continue along said north line North 89 051'50" East 2,656.76 feet to the northwest corner of Section 13, Township 46 South, Range 30 East, Collier County, Florida; Thence along the north line of said Section 13 North 89 °50'17" East 2,655.55 feet to the north quarter corner of said Section 13; Thence continue along said north line South 89 °56'36" East 2,659.63 feet to the northeast corner of said Section 13; Thence along the east line of said Section 13 South 00 °08'29" West 2,788.04 feet to the east quarter corner of said Section 13; Thence continue along said east line South 00 °10'08" West 2,783.36 feet to the northeast corner of the aforementioned Section 24; Thence along the east line of said Section 24 South 00 °08'31" West 2,640.64 feet to the east quarter corner of said Section 24; Thence continue along said east line South 00 °09'19" West 2,634.50 feet 1!762DD6. 161606 V- 01!- GLAND 0-3 03312- 541-0GD__0 Packet Page -1368- 10011.1, 10/11/2011 Item 17.C. Agenda Item No. 17C June 20, 2006 Page 11 of 116 DESCRIPTION OF LANDS KNOWN AS HALF CIRCLE L RANCH PARTNERSHIP SCOFIELD AS SHOWN ON A BOUNDARY SURVEY PREPARED BY SOUTHERN MAPPING TECHNOLOGY LB6627, DATED 8 -17 -04 COLLIER COUNTY, FLORIDA (5299.50 ACRES ±) Sheet 2 of 2 to the POINT OF BEGINNING. Containing 5299.50 acres more or less. Subject to easements and restrictions of record. Bearings are based on the south line of Section 24, Township 46 South, Range 30 East being North 89 °49'16" West. WilsonMiller, Inc. .Registered Engineers and Land Surveyors Certificate of Authorization #LB -43 By: 1 -27 -06 Lance T Miller, P.S.M., L.S. #5627 Date Not valid unless embossed with the Professionals Seal REF. 2H -105 Sheet 1 W.O.: 03312 -S21 -060 Date: 1 -27 -06 1/2WDD6. 101806 Ver. 011- GLAND LMY3 03312.521460 - -0 Packet Page -1369- 10/11/2011 Item 17.C. Agenda Item No. 17C June 20, 2006 16 Page 12 ef 10 „ 12 N69'50'1 7E N89'55'58 "E N89'56'20 "E N89'57'70"£ N575 1'50"E 2655.55' 589'5636 "E 2745.10' 2745.41 2657.56' 2656.75' 2659.63' w � WO ro wz O N Z I V O N -- rOj 16 w 1�1 15 14 73 w w IW N za Z2 � . o x CON I O E'S O O 2 � N o° ED N J In 2 4 21 23 I 22 vs a,FCC.I ON v rn w I be ON I N N89'48'53" W i ru o 3872.80' N89'49'16 "W w 14 73.92' _ �� ZE o 27 25 28 o 26 0 0 V V W W I . � l S89'54'39 "W N89'54' 15 "W i " 2969.50' •• 2654.27' 34 35 33 c 0 c N 1. ALLI NFES: 1. ALL RRIIiE t6 ARE M Itt7 ANp DELAWS MEf[pF. U4E44 FKIRFOE Npl[0. i ROl vALW wRMOUf M wbN1wK AMD nC ORRMIYL RWFD N W:u a A ucENfm FUR'.2vOM A;? wA>m 7. KA MSS ARE i DM wF WEST UK K SECIpM 32. I -w- 47 SWM. WX SS EAST, CDUAR cxRF-, FEOEGI wFNI s EASE. WOZ t 1 AUMD A. CERMAIE DE ANRIpyAIWN ILS -43 0. MILLI T TD EASflSAIM. P(5IWE110ES AND IR30W .3W OF M i L IC71 W7 NAX rr" REDUCED. 7. MMES = IK wEWflFR %% PARCR DECM6Ep ARE IANDUM CDRSECDIRSI.7. WOVE AREAL IADElS IE O.IMD iDR CI . I 0. SEE ATIACOO FOR MAL DEW"igR 0, FARM CONTANK OFF= ACRES ,0. PONES ARE SEWEWM ANp {ARRED WURMEWTALL7. Lam. INIPYtDYR. fOM uug5 ARE DYRIEp EDR CLwTI, _. 1 11. iM6 FREIw Aw pEFCRAWRM vlRC BA9E0 W A RGRWM,' fuAVfY a-,uEr tlACtD t RAMw, ••� I o App ,ppp E� A000 FARMER IAMDL F 5W.ESN WOf1D >EOkglpp7. RK. 1➢ W7 OYSO S- f>_oA, OMPEIIC SCALE IL ARRIKW om D.R.. OFFCwI aE qR0 BDOt ' FE • LDitFR Wrt ®RREg ETD It. • WM* DDIAEA WIEWYENR 410 0.0.P. RMIIOM D0.Aww AWiryERWFP R.D.W . MW DF WW PAL . PW OF O &KM3 W A.0. POWI M REO0AM0 "W C I 1/27/08 "'U. P.S.Y. LS. 5627 OAIE RE>EAEYCE wL90 AuXR PCO= wivKR mew FOR FDY WiSCRPRCII REVWED IIEIE f -W�OR: CPFL/T"7 «� NW A SURVEY +++ Arpppp aNAw. "'�' SK, OF DEKN nxm m.A WI IH!lNP.I aF RSCIOMt ,A rrwu FmYr >: ww r X005 HALF CIRCLE L RANGE' { Air kMiw A,M",M 4.... �".s.A",.W M>WkrwwWWM ewo fEEwp4 p k ». tOMMP! fR Wurl 1'.20DD• ! NAw4 AAM:L b [AflOgq - — — EA,AKA cowR•. Dn12 -rn -Dw t. A Packet Page -1370- This instrument was prepared without an opinion of title and after recording return to: Richard D. Yovanovich, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 (239) 435 -3535 (space above this line for recording data) TERMINATION AGREEMENT 10/11/2011 Item 17.C. This Termination Agreement (this "Agreement ") is entered into this 36411, day of t(,S+ , 2011, by and between Collier County ( "County ") and Half Circle L Ranch Partnership, ILLP, a Florida limited liability partnership ( "HCLRP" ). WIT NESSETH: WHEREAS, County and Half Circle L Ranch Partnership entered into that certain Stewardship Sending Area Credit Agreement dated the June 20, 2006 ( "Agreement ") for the establishment of Stewardship Sending Area on the property described in Exhibit "A" ( "Property"); and WHEREAS, a Stewardship Sending Area Memorandum ( "Memorandum ") was recorded in OR Book 4089, Page 2678, et seq., of the Public Records of Collier County, Florida; and WHEREAS, Half Circle L Ranch Partnership converted to a Florida limited liability partnership on January 17, 2008 and changed it's name to Half Circle L Ranch Partnership, LLP; and WHEREAS, the parties have agreed to terminate the Agreement and Memorandum and have entered into this Termination Agreement to evidence their understanding; and WHEREAS, the Property was designated " HCLRP Stewardship Sending Area 8 ". NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. The Agreement and Memorandum are hereby terminated and the parties agree that neither County nor HCLRP has any further rights or obligations under the Agreement or Memorandum. The Page 1 of 3 Packet Page -1371- 10/11/2011 Item 17.C. County hereby releases to the HCLRP all of the rights and interest which the County may have in and to the Property. 3. This Agreement may also be executed in counterparts, which when construed together shall constitute one valid and binding instrument. IN WITNESS WHEREOF, the parties have executed this Termination Agreement as of the day and year first above written. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and Legal sufficiency 13y: Jeffrey Klatzkow County Attorney WITNESS AS TO ALL SIGNATURES VS ax�c. Name ./ ignature Lep M Name L) Signature BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman HALF CIRCLE L RANCH PARTNERSHIP, LLP A Florida limited liability partnership By: Half Circle L Management, LLC, a Florida limited Liability company, its general partner Page 2 of 3 Packet Page -1372- W 10/11/2011 Item 17.C. State of Florida County of Collier The foregoing Termination Agreement was executed before me this _5(� day of 2011, by Dane T. Scofield, Miles L. Scofield and Michael K. Scofield, as Managers of H if ircle L Management, LLC a Florida limited liability company general partner of the Half Circle L Ranch Partnership, LLP a Florida limited liability partnership. Notary Public (SEAL) zw�?�Z' •.ts LEE M. RUSSELL ;..: MY COMMISSION N DD 903880 EXPIRES: October 30, P! „r` Ba+dad T1au 2013 Pb1ary Public UW.;ry;ibre Page 3 of 3 Packet Page -1373- 10/11/2011 Item 17.C. Agenda Item No. 17C June 20, 2006 Page 10 of 116 10-1-1 DESCRIPTION OF LANDS KNOWN AS HALF CIRCLE L RANCH PARTNERSHIP SCOFIELD AS SHOWN ON A BOUNDARY SURVEY PREPARED BY SOUTHERN MAPPING TECHNOLOGY LB6627, DATED 8 -17 -04 COLLIER COUNTY, FLORIDA (5299.50 ACRES ±) All that part of Sections 13 thru 15, Sections 22 thru 24 & Sections 26 & 27, Township 46 South, Range 30 East, Collier County Florida, known as Half Circle L Ranch partnership as shown on a Boundary Survey prepared by Southern Mapping Technology dated August 17, 2004 being more particularly described as follows: BEGINNING at the southeast comer of said Section 24, said point also being at the southeast comer of lands known as the aforementioned Half Circle L Ranch Partnership Collier County, Florida; Thence along the south line of said Half Circle L Ranch Partnership lands North 89 °49'16" West 1,473.92 feet; Thence continue along said south line North 89 °48'53" West 3,872.80 feet; Thence along the east line of said Half Circle L Ranch Partnership lands South 00 004'38" West 5,279.30 feet to a point on the south line of Section 26, Township 46 South, Range 30 East, Collier County, Florida; Thence along the south line of said Section 26 North 89 °54'15" West 5278.23 feet to the southeast corner of Section 27, Township 46 South, Range 30 East, Collier County, Florida; Thence along the south line of said Section 27 South 89 °54'39" West 5400.41 feet to the southwest corner of said Section 27; Thence along the west line of said Section 27 North 00 °27'03" West 2,667.73 feet to the west quarter corner of said Section 27; Thence continue along said west line North 00 °23'11" West 2,633.49 feet to the southwest corner of Section 22, Township 46 South, Range 30 East, Collier County, Florida; Thence along the west line of said Section 22 North 00 °28'52" West 5384.66 feet to the southwest corner of Section 15, Township 46 South, Range 30 East, Collier County, Florida; Thence along the west line of said Section 15 North 00 °18'10" East 2,703.42 feet to the west quarter comer of said Section 15; Thence continue along said west line North 00 °13'50" East 2,699.83 feet to the northwest corner of said Section 15; Thence along the north line of said Section 15 North 89 055'58" East 2,745.10 feet to the North quarter corner of Section 15; Thence continue along said north line North 89 °56'20" East 2,745.41 feet to the northwest corner of Section 14, Township 46 South, Range 30 East, Collier County, Florida; Thence along the north line of said Section 14 North 89 057'10" East 2,657.56 feet to the north quarter corner of said Section 14; Thence continue along said north line North 89 °51'50" East 2,656.76 feet to the northwest corner of Section 13, Township 46 South, Range 30 East, Collier County, Florida; Thence along the north line of said Section 13 North 89 °50'17" East 2,655.55 feet to the north quarter corner of said Section 13; Thence continue along said north line South 89 °56'36" East 2,659.63 feet to the northeast corner of said Section 13; Thence along the east line of said Section 13 South 00 °08'29" West 2,788.04 feet to the east quarter corner of said Section 13; Thence continue along said east line South 00 °10'08" West 2,783.36 feet to the northeast corner of the aforementioned Section 24; Thence along the east line of said Section 24 South 00 °08'31" West 2,640.64 feet to the east quarter corner of said Section 24; Thence continue along said east line South 00 009'19" West 2,634.50 feet 1262006- 161606 Ve" 011• GLAND CAW1 =72- S21{1B0--0 Packet Page -1374- /I--' 10/11/2011 Item 17.C. Agenda Item No. 17C June 20, 2006 Page 11 of 116 DESCRIPTION OF LANDS KNOWN AS HALF CIRCLE L RANCH PARTNERSHIP SCOFIELD AS SHOWN ON A BOUNDARY SURVEY PREPARED BY SOUTHERN MAPPING TECHNOLOGY LB6627, DATED 8 -17 -04 COLLIER COUNTY, FLORIDA (5299.50 ACRES ±) Sheet 2 of 2 to the POINT OF BEGINNING. Containing 5299.50 acres more or less. Subject to easements and restrictions of record. Bearings are based on the south line of Section 24, Township 46 South, Range 30 East being North 89 049'16" West, WilsonMiller, Inc. Registered Engineers and Land Surveyors Certificate of Authorization #LB -43 By: 1 -27 -06 Lance T Miller, P.S.M., L.S. #5627 Date Not valid unless embossed with the Professionals Seal REF. 21-1-105 Sheet 1 W.O.: 03312 -S21 -060 Date: 1 -27 -06 vMMG- iaieoe V-011- GLAND r 7 °331Z-S21-080- -0 Packet Page -1375- 10/11/2011 Item 17.C. Agenda Item No. 17C June 20. 2006 16 Packet Page -1376- 10/11/2011 Item 17.C. n RESOLUTION NO. l 1— A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS RESCINDING THE DESIGNATION OF THE STEWARDSHIP SENDING AREA KNOWN AS " HCLRP SSA 8," AND APPROVING THE TERMINATION OF THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT, AND THE STEWARDSHIP EASEMENT AGREEMENT, AND CANCELLING THE STEWARDSHIP CREDITS GENERATED BY THE DESIGNATION OF SAID STEWARDSHIP SENDING AREA. WHEREAS, Half Circle L Ranch Partnership ( "HCLRP "), a Florida partnership, owned approximately five thousand and two hundred and ninety nine and five tenths (5,299.5) acres (the "Property ") located within the boundaries of the Rural Lands Stewardship Area Zoning Overlay District located in Collier County, Florida; and WHEREAS, on June 26, 2006, the Board of County Commissioners approved Resolution No. 2006 -149 which created a Stewardship Sending Area designated HCLRP SSA 8 (herein after "SSA #8 ") on the Property and established Stewardship Credits; and WHEREAS, Half Circle L Ranch Partnership converted to a Florida limited liability partnership on January 17, 2008, and changed its name to Half Circle Ranch Partnership LLP ( "Owner "); and WHEREAS, Owner has requested that SSA #8 be terminated; and WHEREAS, the Board of County Commissioners desires to terminate SSA #8 and cancel the Stewardship Credits. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The Property, as described in attached Exhibit 1, is no longer designated as a Stewardship Sending Area and the official designation of " HCLRP SSA 8" shall be removed from the Official Zoning Atlas Map. 2. The Board hereby cancels the seven thousand five hundred and seventy six and five tenths (7,576.5) Stewardship Credits granted to HCLRP and the additional two hundred and ninety nine and six tenths (299.6) bonus Stewardship Credits granted to HCLRP. 3. The Board further agrees to terminate the Stewardship Sending Area Credit Agreement and the Stewardship Easement Agreement for SSA #8. Rev. 8/31/11 1 of 2 Packet Page -1377- This Resolution adopted this and majority vote. ATTEST DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cicko Assistant County Attorney Section Chief, Land Use /Transportation Attachment: Exhibit 1 CP \11 -CMP- 00803 \17 day of 10/11/2011 Item 17.C. 2011 after motion, second BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Rev. 8/31/11 2 of 2 Packet Page -1378- 10/11/2011 Item 17.C. Agenda Item No, 17C June 20, 2006 Page 10 of 116 DESCRIPTION OF LANDS KNOWN AS HALF CIRCLE L RANCH PARTNERSHIP SCOFIELD AS SHOWN ON A BOUNDARY SURVEY PREPARED BY SOUTHERN MAPPING TECHNOLOGY LB6627, DATED 8 -17 -04 COLLIER COUNTY, FLORIDA (5299.50 ACRES ±) All that part of Sections 13 thru 15, Sections 22 thru 24 & Sections 26 & 27, Township 46 South, Range 30 East, Collier County Florida, known as Half Circle L Ranch partnership as shown on a Boundary Survey prepared by Southern Mapping Technology dated August 17, 2004 being more particularly described as follows: BEGINNING at the southeast corner of said Section 24, said point also being at the southeast corner of lands known as the aforementioned Half Circle L Ranch Partnership Collier County, Florida; Thence along the south line of said Half Circle L Ranch Partnership lands North 89 °49'16" West 1,473.92 feet; Thence continue along said south line North 89 048'53" West 3,872.80 feet; Thence along the east line of said Half Circle L Ranch Partnership lands South 00 °04'38" West 5,279.30 feet to a point on the south line of Section 26, Township 46 South, Range 30 East, Collier County, Florida; Thence along the south line of said Section 26 North 89 °54'15" West 5278.23 feet to the southeast comer of Section 27, Township 46 South, Range 30 East, Collier County, Florida; Thence along the south line of said Section 27 South 89 054'39" West 5400.41 feet to the southwest corner of said Section 27; Thence along the west line of said Section 27 North 00 °27'03" West 2,667.73 feet to the west quarter corner of said Section 27; Thence continue along said west line North 00 °23'11" West 2,633.49 feet to the southwest corner of Section 22, Township 46 South, Range 30 East, Collier County, Florida; Thence along the west line of said Section 22 North 00 028'5211 West 5384.66 feet to the southwest corner of Section 15, Township 46 South, Range 30 East, Collier County, Florida; Thence along the west line of said Section 15 North 00 018'10" East 2,703.42 feet to the west quarter corner of said Section 15; Thence continue along said west line North 00 °13'50" East 2,699.83 feet to the northwest comer of said Section 15; Thence along the north line of said Section 15 North 89 055'5811 East 2,745.10 feet to the North quarter comer of Section 15; Thence continue along said north line North 89 °56'20" East 2,745.41 feet to the northwest corner of Section 14, Township 46 South, Range 30 East, Collier County, Florida; Thence along the north line of said Section 14 North 89 °57'10" East 2,657.56 feet to the north quarter corner of said Section 14; Thence continue along said north line North 89 °51'50" East 2,656.76 feet to the northwest corner of Section 13, Township 46 South, Range 30 East, Collier County, Florida; Thence along the north line of said Section 13 North 89 050'17" East 2,655.55 feet to the north quarter corner of said Section 13; Thence continue along said north line South 89 °56'36" East 2,659.63 feet to the northeast corner of said Section 13; Thence along the east line of said Section 13 South 00 °08'29" West 2,788.04 feet to the east quarter corner of said Section 13; Thence continue along said east line South 00 °10'08" West 2,783.36 feet to the northeast corner of the aforementioned Section 24; Thence along the east line of said Section 24 South 00 °08'31" West 2,640.64 feet to the east quarter corner of said Section 24; Thence continue along said east line South 00 °09'1911 West 2,634.50 feet 111611006- 161806 Ver! 011- GLAND .1 03312.821. 080 - -0 Packet Page -1379- 10/11/2011 Item 17.C. Agenda Item No, 17C June 20, 2006 Page 11 of 116 r DESCRIPTION OF LANDS KNOWN AS HALF CIRCLE L RANCH PARTNERSHIP SCOFIELD AS SHOWN ON A BOUNDARY SURVEY PREPARED BY SOUTHERN MAPPING TECHNOLOGY LB6627, DATED B -17 -04 COLLIER COUNTY, FLORIDA (5299.50 ACRES ±) Sheet 2 of 2 to the POINT OF BEGINNING. Containing 5299.50 acres more or less. Subject to easements and restrictions of record. Bearings are based on the south line of Section 24, Township 46 South, Range 30 East being North 89 °49'16" West. WilsonMiller, Inc. Registered Engineers and Land Surveyors Certificate of Authorization #LB-43 By: 1 -27 -06 Lance T Miller, P.S.M., L.S. #5627 Date Not valid unless embossed with the Professionals Seal REF. 21-1-105 Sheet 1 W.O.: 03312 -S21 -060 Date: 1 -27 -06 1/26"00& 161006 Ver. 011 -GLAND 0331 03312- 521-060 - -0 Packet Page -1380- 10/11/2011 Item 17.C. Agenda Item No. 17C " 06 16 Packet Page -1381- f . PUBLIC NOTICE PUBLIC NOnC 10/11/2011 Item 17.C. NOTICE OF IN-M.Mr TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, October 1 1, 2011 in'the County Commission- ers Boardroom, Third Floor, Collier County Government Center, 3299 East Mi . miar6i Trail, Naples, Florida. The Board of County Commissioners will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The Title of the proposed Resolution is as follows: RESOLUTION 2011 - A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMIS- SIONERS RESCINDING THE DESIGNATION OF THE STEWARDSHIP SEND- ING AREA KNOWN AS "HCLRP SSA 8,11 AND APPROVING THETERMINA- TION OF THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT, AND THE STEWARDSHIP EASEMENT AGREEMENT, AND CANCELLING THE STEWARDSHIP CREDITS GENERATED BY THE DESIGNATION, OF SAID STEWARDSHIP -SENDING AREA. T Collier County STEWARDSHIP SENDING Florida AREASJSSA)i 77777 L The subject property is generally located north of CR $46 and just west 64 the Hen- dry County line and includes parts of Sections 13 through 15, Sections 22 through 24, and Sections 26 and 27, Township 46 South, Range 30 East Collier County, Florida. (5,299.50 acres A copy of the proposed Resolution is on file with the Clerk to the Board and Is available for tv inspection. All interested parties are invited to attend and be heard. Any questions pertaining to the documents should be directed to the Comprehensive Planning Section. Written comments filed with the Clerk to the Boards Office prior. to Tuesday, October 11, 2011, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board. of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation In order to paiticipate in this proceeding, you are entitled, at no cost to you, to the provision of certain as'sis- tance. Please contact the Collier County Facilities Management Department, located. at 3335 Tarniami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices fortlie hearing Impaired are available in the Board of County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara - Deputy Clerk (SEAL) No. 231182619 S@jAimber 23.2= Packet Page -1382-