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Agenda 01/12/2010 Item #16C 2 ".',- -" .~. ,.-- Agenda Item No. 16C2 January 12, 2010 Page 1 of 9 Recommendation to accept a Rcka:;: ::.f Cons.::;:-~..;~t: .)~ E~~.::m::nt by the State of Florida Department of Environmental Protection (I'uE,') <:( a ,i" bo'",:,; en Livingston Road at Carlton Lakes Boulevard in Collier County, Florida. AI a cost uot to cx,e<d $44.00, Project No. 74030. . EXECUTIVE SUMMARY OBJECTIVE: The public purpose of thiS project IS to Implement Aquifer Storage and Recovery (ASR) technology in order to protect the public water supply by increasing the available recJaimed water to be used for irrigation. This aClion for the release of the Conservation Easement recorded in O.R. Book 3694, Page 1158, Public Records of Collier County, FJorida is in compliance with permit application number: 11-0229854-001. CONSIDERATIONS: FDEP had permitted the Livingston Road lnigation Quality Aquifer Storage and Recovery System (ASR) and associated stormwater management system through the issuance of pennit munber: 11-0229854.001. In consideration of consent for the Livingston Road ASR site, a Deed of Conservation Easement was granted to the Florida Department of Environmental Protection as mitigation for the impacts to the wetlands on the Livingston Road ASR site. This conservation easement is located on the site owned by the Collier County Water-Sewer District (District) at 15694 Livingston Road, Naples, Florida. The District has provided FDEP with sufficient compensatory mitigation through the purchase of credits from the Big Cypress Mitigation Bank to offset the conservatbn easement property on the Livingston Road ASR site. FDEP acknowledges and agrees that the District has fully complied with its obligations and hereby does recommend that the Deed of Conservation Easement Jocated on the Livingston Road ASR site, which is recorded in O.R. Book 3694, Page 1158, Public Records of Collier County, Florida, be terminated and released. This project is consistent with the 2008 Wastewater Master Plan Update Final Report adopted by the Board of County Commissioners on June 24, 2008, as Agenda Item lOB and 10 C. This project is referenced in the Wastewater Master Plan in Table 8-2. page 4 of 5, Line] 5 I. A location map and a legal description and sketch of the real property to be released from the Conservation Easement which depicts the easement area on the parent parcel to be released are attached. FISCAL IMPACT: The total cost will not exceed $44.00 for recording the Release of Conservation Easement. Funds in the amount of $44.00 are available in the FY 10 budget for this action in Project 74030. The FY 10 budget was approved by the Board of County Commissioners on September 24, 2009. Source of funds is Wastewater User fees. GROWTH MANAGEMENT: This project meets current Growth Management PJan standards to ensure the adequacy and availability of viable public facilities. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient - STW. RECOMMENDATION: That the Board of County Commissioners of Collier County, FJorida, as the Governing Body of Collier County, and as Ex.Officio the Governing Board of the Collier County Watcr Sewer District: I. Accept the Release of Conservation Easement; 2. Approve and authorize the Chairman to execute the attached Release of Conservation Easement and any and all other County Attorney's Office approved documents rclated to this transaction; 3. Direct the County Manager or his designee to proceed to follow all appropriatc closing procedures. and to record the Release of Conservation Easement in the Public Records of Collier County, Florida. PREPARED BY: Marlene J. McLaughlin, Property Acquisition Specialist Real Property ManagementlDepmtment of Facilities Management - .. - '''.-0>.._...,,,,-.,",.. '__' ,..,. ;.... .<. .~ -,.~ '<....,..'"...-..."".---...... Agenda Item No. 16C2 January 12, 2010 Page 2 of 9 eOLLIER eOUNTY BOARD OF COUNTY COMMtSSIONERS Meeting Date: 16C2 Recommendation to accept a Release of Conservation Easement by the State of Florida Department of Environmental Protection (FDEP) at a site located on Livingston Road at Carlton Lakes Boulevard in Collier County, Florida, at a cost not to exceed $44.00, Project No. 74030. 1112120109:00:00 AM Item Number, ttem Summary: Prepared By Marlene McLaughlin Property Acquisition Specialist Date Administrative Services Division Facilities Management 12/15/2009 1 :50:04 PM Approved By Alicia Abbott, E.!. Project Manager Date Public Utilities Division Public Utilities Engineering 12/15/20093:27 PM Approved By Steven Williams Assistant County Attorney Date County Attorney County Attorney 12/16/2009 4:02 PM Approved By Skip Camp, C.F.M. Director - Facilities Management Date Administrative Services Division Facilities Management 12/17/20094:08 PM Approved By Jeff Klatzkow County Attorney Date 12/23/2009 8:44 AM Approved By Phil E. Gramatges, P .E. Project Manager, Principal Date Public Utilities Division Public Utilities Engineering 12124/20099:34 AM Approved By Toni A. Matt Manager. Property Acquisition & Const M Date Administrative Services Division Facilities Management 12128/200910:18 AM Approved By Thomas Wides Director w Operations Support - PUD Date Public Utilities Division Utilities Finance Operations 12/28/200910:19 AM Approved By "_"_~w__ "_'_"'~_~______,,_u'~"o'~ "_~'__'_ Agenda Item No. 16C2 January 12, 2010 Page 3 of 9 James w. Delony Date County Attorney County Attorney 12/28/20091:02 PM Approved By Susan Usher Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 12/29/20099:30 PM Approved By Mark Isackson ManagementiBudget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 12/31/20092:58 PM Operations & Procedures Manual- 09/25/07 Agenda Item No. 16C2 January 12, 2010 SLER 1515 - Form CE-15, Page'age 4 of 9 Form CE-15 RELEASE OF CONSERVATION EASEMENT THIS RELEASE OF CONSERVATION EASEMENT is made this day of ,20 by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department), whose address is Florida Department of Environmental Protection, Division of State Lands, 3900 Commonwealth Boulevard, Mail Station 130, Tallahassee, Florida 32399. WHEREAS, pursuant to Permit No.1 1-0229854-001, Collier County Board of County Commissioners. granted a Deed of Conservation Easement to the Department on December 9, 2004 recorded in Official Records Book 3694, Pages lI58-1I6I, Public Records of Collier County, Florida (the Conservation Easement) encumbering certain real property located in Collier County, Florida as more particularly described in Exhibit A attached hereto. WHEREAS the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION authorized the Livingston Road reclaimed-water aquifer storage and recovery system (ASR) and associated stormwater management system through issuance of Permit No. 11- 0229854-001. In consideration of consent for the Livingston Road ASR site, a Deed of Conservation Easement was granted to the Florida Department of Environmental Protection as mitigation for the permanent impacts to 3.6 acres of wetlands and temporary impacts to 2.15 acres of wetlands. The Deed of Conservation Easement is perpetual and runs with the land and is binding upon the Grantor, its heirs, successors and assigns. WHEREAS the 2.15 acres of wetlands to be temporarily impacted was permanently impacted and incorrectly referenced and was more accurately 2.43 acres and there was an additional 0.74 acres of wetlands impacted through the creation ofa stormwater berm. WHEREAS, Collier County Board of County Commissioners has provided the Department with sufficient compensatory mitigation to offset the release ofthat certain real property more particularly described in Exhibit A through the purchase 0.99 credits from Big Cypress Mitigation Banle WHEREAS, the Department agrees to release that certain real property (Properly) located in Collier County, Florida as more particularly described in Exhibit A attached hereto; NOW THEREFORE, the Department does hereby terminate and release the Conservation Easement. Further the Department acknowledges and agrees that Collier County Board of County Commissioners has fully complied with all of its obligations set forth in Specific Condition 5 of the Permit. IN WITNESS WHEREOF, the undersigned has caused this Release of Conservation Easement to be executed as of the day and year first above written. ----.. ----,_._._.',- - --,-- ....-_.. - --_._...._'.~<- .~__.___m___ Operations & Procedures Manual- 091'25107 Agenda Item No. 16C2 January 12, 2010 Page 5 of 9 SLER 1515 - Form CE -15. Page 2 Signed, sealed and delivered In the presence of; STATE OF FLORIDA DEPARTMENT OF niVIRONMENT AL PROTECTION By; Director of District Management District Office Print Name: Print Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by as of the Department of Environmental Protection, successor agency to the Department of Environmental Regulation. He/she is personally known to me or has produced as identification. , WITNESS my hand and official seal in the County and State last aforesaid this ,20 day of Notary Public [Notary Seal] Print Notary Name Commission Expiration: Commission Number; Agenda Item No. 16C2 January 12, 2010 Page 6 of 9 (t:U::K 1515 - Form CE - 15), Page 3 Dated Project! Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: Donna Fiala, Chairman Approved for form and legal sufficiency ~"I~ 7.W.O~.~.;", IlJRRif<:r Ii U~Assistant County Attorney S1v.Je... f. W ..ll;......~ _......~," " '__M__"'''''~'___'_ -,--"-"._--~,.,.~-,_..,_.._.." , . . . Agenda Item No. 16C2 12,2010 P ge 7 of 9 . . . EXHIBIT A .... I 'It .;." ASR WELL PRESERVE VICINITY MAP lJ c",""ss v.ooos GOlF & COUNTY CLUB " . a . ~"DlERA / " I '" ~ 'MLLOUGHBY ACRES N I" "" ~ I~ ~ z . COUNTY cwo STILES PUD DONOVAN CENTIJl wooo , MOCAKE I CRESTlliOOD I PEUCAN ~ARSH UIJINGSTQN LAKES .. .. .. -=1 &: :- UNDAGE~ PnIt_klnal ertrtMe~ pla.nrwlra. ok \aDd. .~yon --""--.,,-,,, . .-..-;.........".."'(1)11II'-1111 ..."-",, _...._-,._ _.,....R._I('Nt~_.1I1 _01.- ......_..__._ _tNl" SHEET 1 OF 2 ......NOT A FIELD SURVEY"'u** DESCRIPTION: ASR WELL PRESERVE SKETCH -AND DESCRIPTION CUENT: COLUER COUNT'( PREPARED BY: BY: KNEY, P.S.M. NO. 5606 DATE: JULY 7. 150<1- PROJECT NO,: 796~ FILE NO: 868,1 30AUG04 SCALE: N. T.S DRAWN BY: GWH ACAO NO:8683-SD2 ~ . . . . . ItGAL O(S{'RIPTlOO ..... ....... N .., o 2: I- ~ f:l '" :5 ~ ~ ... o SCALE; ,~- 200' 2 10 f9 CONTAINING 1.92 ACRES OF LAND MORE OR LESS. (8.'5505 SF); SUBJECT TO EASOIENTS AND RESTRlCnONS Of RECORD: .=.:..:... ;HAr PART OF nit NCR~w.:::ST 1/4 Of" SECn~ 19 TOWNSHIP 48 SOUTH, RANGE 2f1 ~ST, COWER COUNTY, FLORIDA. SElNG MORE P"RTlCULARLY DESCRIBED AS FOLLOWS: COUMENClNG AT A NORTl1'tlEST CORNE~ or TRACT LB"" (L_B.E.) Of CARLTON LAKES UNIT J ACCORDING TO lHE PLAT THEREOF AND AS RECORDED IN Pl...A T BOOK 34 f'AGfS 6fi THROUGti 73 or THE PUBUC RECORDS OF COW~ COUNTY F'LORIDA SAID C:~ER o'Il..SO L'I1NO 00 THE 'llIEST UNE OF THE NORTHv.e;r 'A OF SAID SECTION 19, THENCE NORni 89" 00'54" EAST -'LOMG THE NORTHERLY UNE Of SAID mACT LB. (LB.E.) II DISTANCE or 32..37 PEEl; THENCE LEAIIING SAID UNE NORTH 0'59'1)6- WEST A DISTANC( Of 20.09 fEET TO THE POINT Of BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED: '!HENCE NORn-t 88~9'55. E"Sf A DISTANCE Of 229,ae FEET: lHENCE NORTH 52'26'48'" EAST A OlSTANCE OF 21.81 FEET; lHENCE NORTH 01"19'42- lIEST ... DISTANCE 0( 226.91 FEET; THENCE NORTH 28'6'08- WEST A DISTANCE OF 75.96 FErT: THENCE NORTH 5T27'25" WEST A DISTANCE CE 53.40 FUT; THENCE SOJTH 77"20'34. VlEST A DISTANCE CE' 8.58 FEET; THENCE SOUTH 89'08'07" VlEST A DISTANCE Of 129.52 FEET; THENCE NORTH 0'!>1'53" wtST A DISTANCE CF 18.111 FEET TO THE BEGINNING OF A ClJR'Yt:: CONCA'Yt:: SOUTHYI{;STERLY AND HAVING A RADIUS OF 3.00 rEET; THEN<.:E: NORTHERLY NORTHWESTERlY 1IoE5'lERLv AND SQUTH'lilESlERLV ALONG THE ARC Of SAID CURVE THROUGH A CENTRAL AHa...E CF 11916'40- AN ARC DISTANCE OF 6.25 FEET; THENCf SOOTH 59~1'27- WEST A DISTANCE Of 55.31 fEET: THENCE SOUTH 0'49'46" EAST A DIST.-.NCE OF 166.35 FEET: lHENCE NOR'lH eg'OJ'40" EAST A DISTANCE or 26.72 fEET; THENCE SOOTH 42'41'0'" EAST A DISTANCE or 19.38 FEH; THENCE SOOTH 0'!J4'18" EAST A DISTANCE OF 28.00 FEET; THENCE SOUTH 41'+6'24- WEST A DISTANCE Of 23.73 FEET; THENCE SOPUltl 0'4)'22. EAST A DISTANCE a 104.80 FEET TO THE POINT Of Bf:G1NNING or THE PARca HERE.lN D€SCRIaED: "- CARL TON LAKES BOULEVARD (TRACT "R") CARLTON LAKES UNIT NO.2 TRACT "LB4" (IS' L.RE.) Sll0'39'0I5"E 15.00 N8900'S""E 400_00 EXlS"IING S"'nE PROPOSED PClHJS I'ROPOSfD MElL (Tlf>.) 2" PW:- 1M 1ER SER\<<:E (TYP.) ~ Ii ASR WELL SITE """"""" 15" Rr:P ."... ("".) 01 iI1~ ~B wl>l ~~ ~ r~ ~ ~ PRESERVE: (1.92 ACRES :1:) ", ~ EXlS1JNG~ (FENCED) DtfSTING """"TOR MElL (rrP.) P.O.B. Ll P.O.C.(NW CORNER OF TRACT "LB4") PREPARED BY: .... .. .. .... 11II =11 ... UNDAGE.__ ProI_kmal enPlIMn" plaJt.flO!'TOI, .. AaDd ,,,",,,yon __....__._1' .--1'NO,_.......ft.MW.(Ml)8l'-lIUI l.oo~ _"tl,~-,.,-, _--.n._lM')lIIP-lIUI ..................... .. _c.____ _fMll -"'-'''-'---~~'--_..",,'''''''. .. UN' LI C2 l.J L4 L5 to L7 " L" LlO L" Ll2 OJ LI' Ll5 LI' W GENERAL NOTES: . :c- I- o ... I!: CHORDBEARlNG N60'JO IJ' IV LINE TABLE LENGTH 32.37 21109 18.61 55.31 /66.35 26.72 19.38 28.00 23.7J 104.60 229.013 21.61 226.91 75.96 5.J.40 8.58 129.52 Bfi:ARING l. DIMENSIONS ARE IN frU AND DECIMALS THEREOF. 2. BEARINGS ARE BASED ON THE WESTERLY LINE OF THE NORTHwE:ST QUARTf:R OF SECTION 19. TOWNSHIP "8 SOUTH. RANGE 26 EAST, COLLIER COUNTY. flORIDA. 6E"'RING NORTH 00"59'Q6" l'oEST. BY: .30AUG04 SCALE: 1 N DRAWN BY: ACAO NO: 8683 _ w...~ _..__ 150' GWH SQZ .,_.__.....~ 1504 7969 868~ CUR" .., I 0 2: I- - 2:. "'II' l:ll- ",0 a :5~ a ~ a III a ~ .... ~ ~ . ;g ~ ~ a a , TRACT "LB4" (IS' L.B.E.) P.O.C. = PotNT OF COMMENCEMENT P.O.B. = POINT OF BEGINNING SHEET 2 OF 2 u.*.NOT A FIELD SURVEY....u. DESCRIPTION: ASR WELL PRESERVE SKETCH AND DESCRIPTION CUENT: COLLIER COUNTY eopioorCO'U"1}'~r1y~i!ix!r.:Nap-k1~,FL: _. '-~_.'_"~"". ,.' .--"_.,.,~"," '. ' Agenda Item No. 16C2 January 12, 2010 Page 9 of 9 , "," , ,., . . Livingston Road ASR Wellsite 15694 Livingston Road