Agenda 02/09/2010 Item #17A
Agenda Item No. 17 A
February 9, 2010
Page 1 of 105
EXECUTIVE SUMMARY
Recommendation to authorize the Chairman to sign a resolution designating 4,793.5 acres
in the Rural Lands Stewardship Area (RLSA) as Sunniland Family Limited Partnership
SSA 12 ("Sunniland Family SSA 12"), approving a credit agreement for Sun nil and Family
SSA 12, approving an easement agreement for Sunniland Family SSA 12, approving an
escrow agreement for Sunniland Family SSA 12, and establishing the number of
Stewardship Credits generated by the designation of said Stewardship Sending Area in
response to an application by Sunniland Family Limited Partnership, a Florida limited
partnership.
OBJECTIVE: The Stewardship Credit Program is the foundation of the Rural Lands
Stewardship Area Zoning Overlay District (RLSA), which has been recognized in Florida,
regionally, and nationally for visionary methodology to preserve environmentally significant
land, to protect agricultural land and to direct growth to suitable locations. Collier County
adopted the RLSA Overlay as the implementing regulation for the Growth Management Plan
amendments known broadly as the "Rural/Eastern Lands Amendments" which were developed
in response to Administration Commission Final Order No. AC99-002 which required a "Rural
and Agricultural Assessment". The Land Development Code (LDC) was amended to include
Section 4.08.00 entitled, "Rural Lands Stewardship Area Zoning Overlay District Standards and
Procedures." This application by Sunniland Family Limited Partnership, a Florida limited
partnership, is a proactive measure to further enhance the environmental value of this area by
removing land use layers and by dedicating portions of the Sunniland Family SSA 12 area for
restoration activities. The removal of land use layers and the dedication of portions for
restoration activities would result in the award of ] 4,805. I Stewardship Credits upon approval of
the SSA, and an additional 8,73 1.6 Stewardship Credits after restoration is completed.
CONSIDERATIONS: This Designation Application (2008-AR-13182) proposes a Stewardship
Sending Area consisting of 4,793.5 acres located in the RLSA. On all 4,793.5 acres (100.0%)
land use layers ]-6 would be removed to Agriculture - Group 2 (Ag-2). SSA ]2 is strategically
located immediately north of and contiguous to the Big Cypress National Preserve and within the
Area of Critical State Concern (ACSC). The legal descriptions have been checked and the
acreage verified as correct.
The permanent removal of these more intensive land use layers will protect natural resources and
agricultural activities as envisioned in the RLSA Overlay, including the protection of a wide
variety of endangered species, such as the Florida panther, Florida black bear, Big Cypress fox
squirrel, wading birds, Florida sandhill cranes, reptiles, amphibians, and listed plant species such
as air plants and various orchids occurring within SSA ]2. SSA 12 provides a major benefit for
Florida panther conservation simply by protecting the land and limiting future land uses to
passive agricultural activities (e.g., cattle grazing) within the panther core population. The
proposed Restoration Program for SSA 12 includes a restoration program that will restore and
perpetually manage 2,182.9 acres for restoration of the flowway functions within the
Okaloacoochee Slough via the breaching and/or partial removal of old drainage features (dikes,
canals, etc.). This flowway restoration will enhance water conveyance (i.e., sheet flow) over a
range of hydrologic conditions, and will also provide hydrologic benefits to offsite areas such as
the Florida Panther National Wildlife Refuge and the Big Cypress National Preserve that
Agenda Item No. 17 A
February 9, 2010
currently receive less sheet flow as compared to pre-settlement conditions. The potentifl~ 105
Land Use Layers 7-8 land uses on 4,793.5 acres will remain.
Single-family Family care
dwelling, indo facilities (P)
mobile home (P
Golf courses Crop raising;
and/or golf horticulture; fruit
driving ranges and nut
(CU) production;
groves; nurseries;
improved paslIJre
(P)
Animal breeding Retail sale of fresh, Rancl1ing; livestock Water management,
(other than Unprocessed raising (P) groundwater recharge (P)
livestock), raising agricultural products;
training, stabling grown primarily on
e
property (A)
Farm I~r housing Unimproved pasture Wildlife management,
(A) and grazing, forestry plant and wildlife
(P) conservancies, refuges
andsanctuaries{P)
Mobile homes Collection and Asphaltic and Sports
[(P) in MH transfer sites for concrete batch Instructional
Overlay; (Al as resource recovery making plants (CU) schools and
temporaIy usel (CU) camps (CU)
Private Veterinary clinic
boathooses and (CU)
docksonlal<e,
canal or
waterway lots
A
Sporting and
Recreational
camps (CU)
kenneling (P)
Dairying,
beekeeping;
poultrymdegg
production; milk
production (P)
Retail plant nurseries Hunting cabins (CU) Restoration, mitigation (P)
(CU)
ecreational Child care centers Aquaculture for Packinghouse or Cultural,educational, Water supply, well fields
facilities integral and aclultday ative simitaragricu!tural or recreational (P); oil and gas
to residential ar. species {P} and non- processingoffarrn facilities and their exploration (P)
development, centers alive specias (CU) products produced related modes of
e.g., golf n transporting
course, the property (A) participants, viewers
clubhouse, or patrons; tour
community operations, such as,
cenlerbuilding but not Jimitedto
and tennis airboats, swamp
facilities, parks, buggies, horses and
playgrounds similar modes of
nd transportation (CU)
plavlialds(AI
Guesthouses Zoo, aquarium, The commercial sawmills (CU) Excavation and Boardwalks, nature trails
A) aviary,botanical production, raising or related processing (PI
garden, or other breeding or exotic incidental to Ag(A)
simitaruses(CU) animals (CU)
Churches and VVholesalereptile Natural resources not
other places of breeding and raising otherwise listed (P)
worship (CU)
non-venomous(P)
and venomous(CU)
Communications Essential seNices (P and
towers (P)(CU) CUI
Social and I Oil and gas field
Fraternal development and
organizations production (CU)
CUI
Private landing I
strips for general
aviation (CUl
Cemeteries (CU) I
Schools (CU) I
/::,roupcare I
acilities,ALF
CUt
2
Agenda Item No. 17 A
February 9, 2010
The removal of land use layers yields Stewardship credits measured on a per acre ~~f 105
calculated as follows: Natural Resource Index Value x (times) a factor representing all layers
removed. The removal of Land Use Layers 1-6 yields a factor of 0.9.
The cwnulative table of all base credits generated in SSA ] 2 is shown in Exhibit F of the Credit
Agreement and swnmarized below. Staff has reviewed and agrees with the calculation of credits
generated by the removal of these land use layers and the Natural Resource Index values
supporting them.
Ag2
Totals
Table 1 [of SSA 12 application]
Acres Credits
4.793.5 l!.,2,72.5
4,793.5 8,972.5
Early Entry Bonus credits were established to encourage participation in the Stewardship Credit
program. Early Entry Bonus credits are awarded in the amount of 0.5 credits per Habitat
Stewardship Area (HSA) acre located within the Area of Critical State Concern (ACSC) and 1.0
credits per HSA acre located outside the ACSC. The application for SSA 12 was submitted on
April 10, 2008 and the deadline for eligibility for the early entry bonus was January 30, 2009.
Based on the type and location of HSA acreage within SSA 12, the applicant would be entitled to
a total of 1,466.8 Early Entry Bonus credits. A summary of these credits is shown below. Staff
has reviewed and agrees with these figures.
Table 7 [of SSA 12 application]
EARLY ENTRY BONUS CALCULATIONS
2,933.6
~
1,466.8
o
------'LL.Q
o
1,466.8
HSA Acres inside the ACSC
Early Entry Bonus Credits per Acre inside the ACSC
Early Entry Bonus Credits (inside ACSA)
HSA Acres outside ACSA
Early Entry Bonus Credits per Acre outside ACSC
Early Entry Bonus Credits (outside ACSA)
Total Early Entry Bonus Credits
.m:.ott
Restoration Stewardship credits are awarded at the rate of two (2) credits per acre for land
"dedicated for restoration activities within the Okaloacoochee Slough, contiguous HSAs, or
those portions of the Restoration Zone depicted on the RLSA Overlay Map that are contiguous to
the Okaloachoochee Slough" [LDC Subsection 4.08.06 8.3.f.(2)]. "The actual implementation of
restoration improvements is not required for the owner to receive such credits... "(LDC
Subsection 4.08.06 8.3.f.3). Referred to as R-l, selected areas are made available for restoration
activities based on current conditions of the property and benefits to be derived from restoration
work. The applicant has submitted a Restoration Analysis and Report (Restoration Plan) as
required in the application.
Restoration credits are also available at the rate of four (4) credits per acre for the completion of
restoration activities by the applicant (R-2). These credits are authorized at the time of SSA
designation, but are not available for transfer until success criteria are met. The applicant has
submitted a Restoration Plan as Exhibit G to the Credit Agreement, as required by the LDC for
R-2 approval. All proposed restoration areas in SSA ]2, totaling 2,]82.9 acres, include both R-I
3
Agenda Item No. 17A
February 9, 2010
and R-2 credits. These areas are depicted in Exhibit D to the Credit Agreement. The re:ft~Mtibnf 105
activities will consist of hydrologic restoration improvements that will reduce physical
impediments to sheet flow and functionally enhance the flowway's natural hydrologic regime;
restoration improvements that will breach and/or partially remove berms to the natural grade of
adjacent lands within Flowway Restoration Area I sufficient to reestablish a natural flow regime;
ecological restoration improvements within the Flowway Restoration Area by the controlling of
exotic and nuisance vegetation to levels less than 5% area coverage; and associated activities as
more specifically described in the Restoration Plan labeled as Exhibit G to the Credit Agreement.
Staff reviewed this Restoration Plan and conducted an extensive site visit with respect to the
2,182.9 acres proposed for R-I and R-2 restoration. A summary of restoration credits follows:
Table 6 [of SSA 12 application)
RESTORATION CREDIT CALCULATIONS
The SSA 12 credit total below shows the sum of Base Credits, Early Entry Bonus Credits and
Restoration Credits:
Of the total credits, 14,805.1 credits would be immediately available which is calculated by
totaling the 8,972.5 Base Credits, 1,466.8 Early Entry Bonus Credits and the R-I Restoration
Credits of 4,365.8. The remaining 8,731.6 credits are associated with R-2 restoration and, as
such, they become available only after success criteria are met as specified in the Credit
Agreement.
LEGAL CONSIDERATIONS: Applicants petitioning for Stewardship Sending Areas, who
will obtain SSA credits for the land so designated, must include a Credit Agreement per LDC
Section 4.08.06.C.5. Sunniland Family Limited Partnership has voluntarily requested that the
subject area be designated as a Stewardship Sending Area and has provided the required Credit
Agreement which is also included by reference herein.
LDC Section 4.08.06.C.6 requires that the SSA Credit Agreement shall be approved by a
resolution of the Board of County Commissioners (BCC) at an advertised public meeting by
majority vote. A resolution is submitted for the subject area, which is attached. Additionally,
the LDC requires in Section 4.08.06.C.7 that, following approval by the County, an SSA
memorandwn shall be prepared and recorded in the public records, together with necessary
portions or exhibits.
4
Agenda Item No. 17A
February 9,2010
LDC Section 4.08.06.C.8 requires that the applicant prepare and submit Stewardship Ea!llllnfultf 105
Agreements in all cases except when the property is being deeded in fee simple to a
"conservation/preservation agency." The Stewardship Easement Agreement is also attached.
Finally, LDC Section 4.08.06.E.2 requires that, following the Board's approval of the SSA
application and SSA Credit Agreement, a legal description of the land designated SSA, the SSA
credits granted, and the stewardship easement applicable to such lands, shall be provided to the
Collier County Property Appraiser and the applicant, and shall be recorded within 30 days by the
applicant in the public records. The applicant proposes to hold the easement in escrow and to
record the easement when all permits and authorizations have been obtained for the Alico
Stewardship Receiving Area, which shall occur by the 9th day of February, 2015, or the SSA
Credit Agreement and Stewardship Easement Agreement are null and void. In the interim, the
applicant shall record in the public records within 30 days a notice of interim restrictions. The
County Attorney has concluded that this process complies with the intent of the LDC and GMP.
The Resolution, Stewardship Sending Area Credit Agreement, Stewardship Easement
Agreement, and Escrow Agreement have been reviewed for legal sufficiency. -HF AC
FISCAL IMPACT: The applicant, Sunniland Family Limited Partnership, has paid fees
totaling $9,500 for the processing and review of the application, and the development and
maintenance ofa Stewardship Credit System Database for the purpose of tracking credits. There
are no additional fiscal impacts associated with the application.
GROWTH MANAGEMENT IMPACT: The Rural Lands Stewardship Area Overlay in the
Future Land Use Element (FLUE) establishes the process and requirements for establishment of
SSAs, the lands qualifying for SSA designation, and the use limitations for lands once they are
designated as SSAs. This land use and growth management tool is implemented through the
Rural Lands Stewardship Area Zoning Overlay. The zoning overlay is based upon requirements
and limitations contained in the FLUE. Therefore, inasmuch as staffs analysis indicates this
petition for designation of Sunniland Family SSA 12 is in compliance with the RLSA Zoning
Overlay, it may also be found to be consistent with the FLUE.
The applicant of SSA #12 intends to utilize the stewardship credits from this SSA to partially
enable the development of the proposed AJico Stewardship Receiving Area. Accordingly, the
applicant for SSA #12 has proposed an Escrow Agreement, shown as Exhibit 4 to the
Resolution, which delays the recordation of the Easement Agreement into public records until
such time that all requirements in the Escrow Agreement and the SRA Credit Agreement
provisions of the LDC are complied with. This proposed delay in the recordation of the
Easement Agreement is not expressly authorized in the LDC; however, the County Attorney has
opined that the recording of the notice of restrictions until the easement is recorded is consistent
with the intent of the LDC.
RECOMMENDATION: That the Board of County Commissioners adopt a resolution
designating 4,793.5 acres in the Rural Lands Stewardship Area Overlay as Stewardship Sending
Area 12 ("Sunniland Family SSA 12"); approve the Credit Agreement for Sunniland Family
SSA 12 and the number of stewardship credits generated by the designation of said Stewardship
Sending Area in response to an application by Sunniland Family Limited Partnership, a Florida
limited partnership; approve the Easement Agreement for Sunniland Family SSA 12; approve the
Escrow Agreement for Sunniland Family SSA 12; and direct the County Manager or his
5
Agenda Item No. 17 A
February 9, 2010
designee to prepare a SSA memorandum to be recorded in the public records together Iil,!i/:hl thref 105
necessary portions or exhibits of the SSA Credit Agreement and Easement; direct the County
Manager or his designee to provide said docwnents to the Collier County Property Appraiser and
the applicant; and require the applicant to comply with the provisions of the Escrow Agreement
made a part of its approval with respect to recordation.
PREPARED BY: Mike Bosi, AICP, Manager, Comprehensive Planning Department
6
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 17 A
February 9, 2010
Page 7 of 105
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17A
This item continued from the January 26, 2010 BCC Hearing. This item requires that all
participants be sworn in and ex parte disclosure be provided by Commission members. A
Resolution of the Collier County Board of County Commissioners designating 4,793.5 Acres
in the Rural Lands Stewardship Area Zoning Overlay District as a Stewardship Sending Area
with a designation as Sunniland Family SSA 12 pursuant to the terms set forth in the Escrow
Agreement. Stewardship Sending Area Credit Agreement for Sunniland Family SSA 12, and
Stewardship Easement Agreement for Sunniland Family SSA 12; approving a Stewardship
Sending Area Credit Agreement for Sunniland Family SSA 12; approving a Stewardship
Easement Agreement for Sunniland Family SSA 12; approving an Escrow Agreement for
Sunniiand Family SSA 12; and establishing the number of stewardship credits generated by
the designation of said Stewardship Sending Area.
2/9/20109:00:00 AM
Date
Prepared By
Mike Bosi, AICP
Community Development &
Environmental Services
Manager - Planning
Comprehensive Planning
1111120109:48:20 AM
Date
Approved By
William O. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Director - coes Engineering Services
Engineering & Environmental Services
11111201011:09 AM
Approved By
Date
Mike Bosi, AICP
Community Development &
Environmental Services
Manager - Planning
Comprehensive Planning
1111120101:37 PM
Date
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
1128120103:56 PM
Approved By
Date
Nick Casalanguida
Transportation Division
Director - Transportation Planning
Transportation Planning
2111201011:08 AM
Date
Approved By
Heidi F. Ashton
County Attorney
Section Chief/Land Use-Transportation
County Attorney
2111201011:11 AM
Date
Approved By
Jeff Klatzkow
County Attorney
Agenda Item No. 17 A
February 9, 2010
Page 8 of 105
2/1/201011:59 AM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
2/1/20101:29 PM
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
2/1/20104:41 PM
Agenda Item No. 17 A
February 9,2010
Page 9 of 105
RESOLUTION 2010-
A Resolution of the Collier County Board
of County Commissioners designating
4,793.5 Acres in the Rural Lands
Stewardship Area Zoning Overlay District
as a Stewardship Sending Area with a
designation as "Sunniland Family SSA 12"
pursuant to the terms set forth in the
Escrow Agreement, Stewardship Sending
Area Credit Agreement for Sunniland
Family SSA 12, and Stewardship Easement
Agreement for Sunniland Family SSA 12;
approving a Stewardship Sending Area
Credit Agreement for Sunniland Family
SSA 12; approving a Stewardship
Easement Agreement for Sunniland
Family SSA 12; approving an Escrow
Agreement for Sunniland Family SSA 12;
and establishing the number of
stewardship credits generated by the
designation of said Stewardship Sending
Area
WHEREAS, Sunniland Family Limited Partnership, a Florida Limited
Partnership, owns approximately four thousand seven hundred ninety-three and
five tenths (4,793.5) acres located within the boundaries of the Rural Lands
Stewardship Area Zoning Overlay District ("RLSA District") located in Collier
County, Florida; and
WHEREAS, Owner has voluntarily requested that said land be designated
as a Stewardship Sending Area ("SSA") in accordance with, and pursuant to
Section 4.08.06 of the Collier County Land Development Code (OLDC") and the
terms of the Escrow Agreement for Sunniland Family SSA 12 Stewardship
Sending Area Credit and Stewardship Easement Agreement; and
WHEREAS, Owner has submitted a SSA Designation Application
("Application") for the Sunniland Family SSA 12 land; and
Agenda Item No. 17 A
February 9, 2010
Page 10 of 105
WHEREAS, Collier County Staff has reviewed the Application, along with
support documentation and information required by Section 4.08.06 of the LDC,
and determined that the Application is legally sufficient; and
WHEREAS, the Collier County Board of County Commissioners ("Board")
has determined the Escrow Agreement, Stewardship Sending Area Credit
Agreement for Sunniland Family SSA 12, and Stewardship Easement Agreement
for Sunniland Family SSA 12 are in compliance with, and meet the requirements
of the LDC, and provide a substantial benefit to the general public.
2.
3.
4.
5.
NOW, THEREFORE, be it resolved by the Board that:
1.
Sunniland Family SSA 12, as described in attached Exhibit 1,
consisting of approximately four thousand seven hundred ninety-
three and five tenths (4,793.5) acres is hereby designated as a
Stewardship Sending Area ("SSA"), and will be officially designated
as "Sunniland Family SSA 12 " on the Official Zoning Alias Map
pursuant to the terms of the Escrow Agreement for Sunniland
Family SSA 12, Stewardship Sending Area Credit Agreement for
Sunniland Family SSA 12 and the Stewardship Easement
Agreement for Sunniland Family SSA 12.
The Stewardship Credit Agreement for Sunniland Family SSA 12,
attached hereto as Exhibit 2, meets the requirements of Section
4.08.06 of the LDC and the Board hereby approves the
Stewardship Credit Agreement for Sunniland Family SSA 12.
The Stewardship Easement for Sunniland Family SSA 12, attached
hereto as Exhibit 3, meets the requirements of Section 4.08.06 of
the LDC and the Board hereby approves the Stewardship
Easement Agreement for Sunniland Family SSA 12.
The Escrow Agreement for Sunniland Family SSA 12, attached
hereto as Exhibit 4, is hereby approved by the Board which
provides for the delay of the recordation of the Stewardship
Sending Area Credit Agreement for Sunniland Family SSA 12 and
the Stewardship Easement Agreement until such time as the
proposed development project has received the necessary final
and non-appealable local, state and federal permits, other than plat,
site development plan and building permit, necessary to construct
the development project consistent with the provisions of Section
4.08.07 of the Collier County Land Development Code.
The Board hereby establishes, grants and assigns fourteen
thousand eight hundred and five and one tenth (14,805.1)
Stewardship Credits to the Owner, which may be sold, transferred,
2
Agenda Item No. 17 A
February 9,2010
Page 11 of 105
or otherwise utilized by the Owner in accordance with Section
4.08.04 of the lOC and the terms of the Escrow Agreement for
Sunniland Family SSA 12; Stewardship Sending Area Credit
Agreement for Sunniland Family SSA 12 and the Stewardship
Easement Agreement for Sunniland Family SSA 12.
6.
The Board hereby establishes and authorizes an additional eight
thousand seven hundred and thirty one and six tenths (8,731.6)
Stewardship Credits to be transferred to the Owner under the terms
of the Credit Agreement attached hereto as Exhibit 2.
7.
The Board further approves and authorizes the acceptance of the
Stewardship Easement Agreement for the Sunniland Family SSA
12 lands.
8.
By its designation of the lands described in Exhibit 1 as a
Stewardship Sending Area, the County shall not hereafter grant or
approve any increase in the density or additional uses beyond
those uses specifically authorized in the Sunniland Family SSA 12
Credit Stewardship Sending Area Credit Agreement.
THIS RESOLUTION ADOPTED this _ day of
a Motion, seconded, and majority vote favoring same.
, 2010, after
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST: DWIGHT E. BROCK
By:
FRED COYLE, Chairman
, Deputy Clerk
Approved as to form and
legal sufficiency:
By:Heidi Ashton-Cicko, Assistant County Attomey@
land Use Section, Chief
3
_~~le.~~YJ\l~~:~~~Y' J8!I~ ~~ 2010 .1~
PUBUC NOTICE PUBLIC NOTICE PUBUC NOTICE
irfWOl"CEOF JlNTE"'T,f4'i~'.&
'TO CONSIDER RESOLUTIO"
Notice is hereby given that on Tuesday, January 26, 2010 in the County Commis-
sioners Boardroom, 3rd Floor, W. Hannon Turner Building (Bldg. F.), Collier County
Government Center, 3301 East Tamlami 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 Trtle of the proposed Resolution is as follows:
RESOLU!ION 2010-_
A Resolution of the Collier County Boerd of County Commissioners
designating 4,793.5 Acres in _ Rural Lends St8wardshlp Ares Zon-
ing Overlay District as a Stewardship Sending Area wtthe deslgna"
tion as .Sunnlland FamilY SSA 12" pursuant to _ terms set forth in
the Escrow Agreement, Stewardship Sending Area Credit Agreement
for SunnUandFamlly SSA 12, and Stewardship Easement Agreement
for Sunniland Family SSA 12; approving a Stewardship Sending Ares
Credit Agreement for Sunniland Family SSA 12; approving a Steward-
ship Easement Agreement for Sunniland Family SSA 12; approving an
Escrow Agreement for Sunniland Family SSA 12; and establishing -
number of stewardship credits generated by the designation of said
Stewardship Sending Area
All interested parties are. invited to appear ard be heard. Copies of the proposed
Resolution are available for public inspection in the Comprehensive Planning Depart-
ment. Written comments filed with the Clerk to the Board's Office prior to Tuesday,
January 26, 2010, will be read and considered at the public hearing. ."
-'=- I~'~?~~~~::="-=-~
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L.
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If a person decides to appeal any decision made by the Board of County Commis-
sioners with respect to any matter considered at such meeting or hearing, h~ 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 includas 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 partici-
pate In this proceeding, you are enmled, at no cost to you, to the provision of certain
assistance. Please contact the Coiiier County Facilities Management Department, lo-
cated at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380.
Assisted listening devices for the hearing impaired are availabie Inthe County Com-
missioners' Office.
BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN or FRED W. COYLE, VICE-CHAIRMAN
DWIGHT E. BROCK, CLERK, By: Is! Patricia Morgan, Deputy Clerk (SEAL)
No 231157234
JanulllV 10 201Q
Agenda Item No. 17A
February 9.2010
Page 12 of 105
Agenda Item No. 17 A
February 9, 2010
Page 13 of 105
ESCROW AGREEMENT
This ESCROW AGREEMENT is made as of the ~ day of F .~.r "^'.~ ,2010 by and
between Collier County, a political subdivision of the State of Florida ("County' , and Sunniland
Family Limited Partnership, a Florida limited partnership (hereinafter referred to as "Owner") and
CHEFFY PASSIDOMO, P.A. (the "Escrow Agent").
RECITALS
WHEREAS, Owner is the owner of approximately four thousand seven hundred seventy-five
and nine tenths (4,775.9) acres of land within the boundaries of the Rural Lands Stewardship Area
Zoning Overlay District ("RLSA District") located in Collier County, Florida, which land is the subject
of a Stewardship Sending Area Application 2008-AR-13182 ("SSA Designation Application") filed by
Owner with Collier County, Florida; and
WHEREAS, Alico, Inc., a Florida corporation ("Alico"), has submitted or intends to submit
applications to Collier County, South Florida Water Management District and the United States
Department of Army, Corps of Engineers for authorization to develop the real property more
particularly described on attached Exhibit "A," which Is incorporated herein by reference (the "Alico
SRA Land"), as a designated SRA within the RLSA District consistent with the provisions of Sections
4.08.06 and 4.08.07 of the Collier County Land Development Code;
WHEREAS, Owner has advised Collier County that the Alico SRA Land will be developed
consistent with the provisions of Section 4.08.07 of the Collier County Land Development Code,
which will include the submittal of one or more Stewardship Receiving Area (SRA) applications
pursuant to Section 4.08.07 of the Collier County Land Development Code;
WHEREAS, in order to develop the proposed Alico SRA Land in accordance with Section
4.08.07, Alico is required under Section 4.08.07 to exchange Stewardship Credits granted under
Section 4.08.06 for the additional residential or non-residential entitlements necessary to develop
the project as an SRA;
WHEREAS, the Owner submitted a SSA Designation Application requesting that the four
thousand seven hundred seventy-five and nine tenths (4,775.9) acre parcel (hereinafter referred to
as "Sunniland Family SSA 12") be designated as a Stewardship Sending Area in accordance with
and pursuant to Section 4.08.06 of the Collier County Land Development Code, and to establish
Stewardship Credits that would be available for Alico to develop the Alico SRA Land within the
RLSA District; and
WHEREAS, Collier County has reviewed SSA Designation Application and determined that
the application was legally sufficient and would generate twenty three thousand five hundred twelve
and two tenths (23,512.2) Stewardship Credits under the provisions of Section 4.08.06; and
WHEREAS, the County and Owner acknowledge and agree that the issuance of final, non-
appealable governmental authorizations, including County approvals, necessary to develop the Alico
SRA Land consistent with the provisions of Section 4.08.07 will be issued subsequent to the County
approval of Sunniland Family SSA 12; and
WHEREAS, the County and Owner agree that Sunniland Family SSA 12 is approved and
generates twenty three thousand five hundred twelve and two tenths (23,512.2) Stewardship Credits
subject to the terms and conditions of this Escrow Agreement; and
Escrow Agreement - Page 1 of 5
Agenda Item No. 17 A
February 9,2010
Page 14 of 105
WHEREAS, Owner agrees to interim land use limitations on Sunniland Family SSA 12 as set
forth in this Escrow Agreement until the Stewardship Sending Area Credit Agreement and
Stewardship Easement Agreement are recorded or terminated pursuant to the terms ofthis Escrow
Agreement.
AGREEMENTS
NOW THEREFORE, in consideration of the mutual promises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. Recitals: The above recitals are true and correct and incorporated herein by reference.
2. Tender of Documents: Owner and County shall execute and deliver to the Escrow Agent the
Sunniland Family SSA 12 Stewardship Sending Area Credit Agreement and the Sunniland
Family SSA 12 Stewardship Easement Agreement ("Documents").
3. The Escrow Agent shall deliver the original Documents to the County for recording in the
public records of Collier County upon presentment of the following by Owner:
a. An approved SRA for the Alico SRA Land which requires the exchange of
Stewardship Credits from Sunniland Family SSA 12 for the additional residential and
non-residential entitlements; and
b. All necessary final and non-appealable local, state, federal permits, other than a
plat, site development plan or building permit, necessary to construct the Alico SRA
Land consistent with the provisions of Section 4.08.07 of the Collier County Land
Development Code; and
In the event the approvals referenced above in this section are not delivered to the Escrow
Agent on or before February g, 2015, this Escrow Agreement shall terminate and the original
Documents shall be returned to Owner. If a challenge and/or appeal of a necessary
development order, permit or other discretionary approval is filed, Owner and County may
elect to extend the Escrow Agreement by written agreement until the challenge or appeal is
finally resolved. If the challenge or appeal is not resolved such that the construction may
commence under terms acceptabie to Owner, Owner may within 180 days of the final
disposition of the challenge or appeal terminate this Escrow Agreement.
4. In the event the Escrow Agreement is terminated as noted above, all affirmative obligations
and negative covenants contained in the Documents shall be null and void without further
action from the parties hereto, the land shall revert to its underlying zoning classification prior
to the effective date of the Documents, and any SRA depending on credits from Sunniland
Family SSA 12 shall be terminated unless replacement credits are obtained by the owners of
the SRA. If requested by Owner, Collier County shall provide a written release and
termination of this Agreement and the Documents for recording in the public records within
fifteen (15) days of the request from Owner. Collier County shall update the overlay map to
reflect the termination of Sunniland Family SSA 12 or any SRA.
5. Interim Land Use Limitations. Owner agrees to the elimination of land use layers and the
land management measures set forth in the Documents during the term of this Escrow
Agreement. Within 30 days of approval of the Stewardship Sending Area Credit Agreement,
Escrow Agreement - Page 2 of 5
Agenda Item No. 17A
February 9, 2010
Page 15 of 105
Owner shall record in the public records of Collier County a notice of these interim land use
restrictions in a form acceptable to the County.
6. Escrow Aaent Obliaations and Indemnity: The County and Owner shall hold the Escrow
Agent harmless of and from the release or failure to release the documents by the Escrow
Agent for any reason whatsoever as a result of this Escrow Agreement, except for as a
result of the willful misconduct or gross negligence of the Escrow Agent. The Escrow Agent
is authorized to rely on any document believed by the Escrow Agent to be authentic in
making delivery of documents hereunder.
7. Amendment: This Escrow Agreement may not be modified, amended or altered in any way
except by an amendment signed by the County and Owner and acknowledged by the
Escrow Agent.
8. Governina Law: This Escrow Agreement and all matters pertaining hereto shall be govemed
by and construed in accordance with the laws of the State of Florida.
9. Attornevs' Fees: In connection with any litigation concerning this Escrow Agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees, paralegal fees and
costs, including such that may be incurred at the appellate level.
10. Representation: The County acknowledges and agrees that CHEFFY PASSIDOMO, PA
represents Owner and may continue to do so while serving as Escrow Agent and
notwithstanding any present or future dispute arising under this Agreement. The parties do
not object to such services by CHEFFY PASSIDOMO, PA as Escrow Agent and such
representation of Owner CHEFFY PASSIDOMO, P.A. in this and other matters, and agree
that such service and such representation does not adversely affect the independent
professional judgment of CHEFFY PASSIDOMO, PA on behalf of any such party or the
ability of CHEFFY PASSIDOMO, PA to adequately represent the interest of any such party.
11. Bindina Aareement: This Escrow Agreement shall bind all successors and shall inure to the
benefit of heirs, executors, administrators or other successors in interest of the parties
hereto.
12. Interpleader: Notwithstanding any other provision herein to the contrary, if there is any
dispute between the County and Owner as to the documents held hereunder, the Escrow
Agent may, in the Escrow Agent's sole discretion, interplead the documents with the Circuit
Court of Collier County and thereby be relieved of any further responsibility to the County
and Owner pursuant to this Agreement.
13. Counterparts and Execution: Executed counter-part copies of the original of this document
shall be treated as if the originals were so executed and shall bind the executing party and
shall have the same force and effect as the original. Execution of this Agreement by
facsimile shall be treated as an original.
Escrow Agreement - Page 3 of 5
Agenda Item No. 17 A
February 9, 2010
Page 16 of 105
IN WITNESS WHEREOF. the parties hereto have caused this Escrow Agreement to be executed
by their duly authorized officers or representatives and their official seals hereto affixed the day
and year first written above.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
COLLIER COUNTY CLERK OF COURTS
By:
By:
Fred W. Coyle, Chairman
WITNESS:
SUNNILAND FAMILY LIMITED PARTNERSHIP, a
Florida limited partnership
! ,'1
0LZLvLJ[.- "&~:l(l..',-
(Signature)
By: SUNNILAND PARTNERS, LLC,
a Florida limited liability company
:::: (Jl:;::)p/~ .
Print Name: Aliese P. Priddy ~
Its: Managing Member
(Signatuw
iJ; ~~ V
(Print full name) ,
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Escrow Agreement was executed before me this ,28 day of ~ '
2010, by Aliese P. Priddy, Managing Member of Sunniland Partners, LLC, a Florida limited liability
company, general partner of Sunniland ... rtnership, a Florida limited partnership, on
behalf of the company, wh . personally known to me oduced as
identification.
Notary Public
Name:
Certificate No.
My Commission expires:
WILLIAM IN:J/( IlBIPSEY
t.f( COMIISSION. DO 754172
EXPIRES: MIICll e, 2012
BondIdTtlruNcMry~~
Escrow Agreement - Page 4 of 5
ESCROW AGENT:
CHEFFY PA IDOMO P.A.
By: (4t
William J. Dempsey, Partner
STATE OF FLORIDA
COUNTY OF COLLIER
Agenda Item No. 17 A
February 9, 2010
Page 17 of 105
..
The foregoing Escrow Agreement was executed before me this ~ g day of 'I~.:J '
2010, by William J. Demosey, as Partner of Cheffy Passidomo, P.A., who is personally known to me
or produced as identification. f)
..J. leu..M A- f" ~ Ct.A.
Notary Public /)
Name: TAU.LSCL r~CU'\
Certificate No. :bb 7'" ~71'
My Commission expires: ..2/",,/ I~
MYC:oo"::"= jr~(.....
EXPIRES: February 26, 2012
BoncS.dThruNDtaryPubloUnderwrll8ll
cp 12999 doc. 37
Escrow Agreement- Page 5 of 5
Agenda Item No. 17 A
February 9, 2010
Page 18 of 105
"EXHIBIT A"
Corkscrew Grove Leqal:
Sections 3 through 10, portion of Section 15 and portion of 18, In Township 465, Range
28E; In Collier County, Florida.
AileD land Oevelopment, Inc.. P.O. Box 338, laBelle, FL 33975 0 Phone (863) 67S~5113 . Fax (863) 675.6928
t'lh,b,~ A
I ot 1-
Agenda Item No. 17 A
February 9, 2010
Page 19 of 105
Agenda Item No. 17 A
February 9, 2010
Page 20 of 105
This Instrument Prepared by:
George L. Varnadoe, Esq.
Cheffy Passidomo, PA
821 Fifth Avenue South, Suite 201
Naples, Florida 34102
STEWARDSHIP EASEMENT AGREEMENT
(Sunniland Family SSA 12)
THIS STEWARDSHIP EASEMENT is granted this ~ day of rt.brfla-ry ,2010,
by Sunniland Family Limited Partnership, a Florida limited partnership, whose address
is P.O. Box 930, Immokalee, Florida 34143-930, hereinafter collectively called
"Grantor", to Collier County, a political subdivision of the State of Florida, and Florida
Department of Agriculture and Consumer Services, hereinafter collectively called the
"Grantees".
RECITALS
A. Grantor is the owner of approximately four thousand seven hundred
seventy-five and nine tenths (4,775.9) acres of land situated in Collier
County, Florida, and more specifically described in Exhibit "A" attached
hereto and incorporated herein by reference (hereinafter "Property" or
"Sunniland Family SSA 12").
B. Grantor and Collier County entered into a Stewardship Sending Area
Credit Agreement ("SSA Agreement") of even date herewith, which
designated the Property "Sunniland Stewardship Sending Area 12"
("Sunniland Family SSA 12"). This four thousand seven hundred seventy-
five and nine tenths (4,775.9) acre parcel, as legally described in Exhibit
"A", has been designated as a "Stewardship Sending Area" ("SSA") in
accordance with Section 4.08.06 of the Collier County Land Development
Code ("LDC"). The Property is depicted on Exhibit "B".
C. The SSA Agreement and Section 4.08.06 C.B. of the LDC require Grantor
to provide a perpetual Stewardship Easement identifying the specific land
management measures for Sunniland Family SSA 12 and the party
responsible for such measures.
D. In exchange for the designation of the Property as SSA, the County has
granted and assigned to Grantor twenty three thousand five hundred
twelve and two tenths (23,512.2) Stewardship Credits, of which eight
thousand seven hundred thirty-one and six tenths (8,731.6) Stewardship
Credits are authorized as Restoration Stewardship Credits and are not
Agenda Item No. 17A
February 9, 2010
Page 21 of 105
available for transfer until success criteria are met as set forth in the SSA
Agreement. When available for transfer, the total twenty three thousand
five hundred twelve and two tenths (23,512.2) Stewardship Credits will
allow Grantor to entitle two thousand nine hundred thirty-nine (2,939)
acres for development within the Rural Lands Stewardship Area District.
E. The purposes of this Stewardship Easement are (1) to designate the
allowed uses of the Property consistent with the terms of the SSA
Agreement, (2) to identify specific land management measures and the
party responsible, (3) to provide for the enforcement of the Stewardship
Easement; and (4) in the areas to be restored by Grantor, to provide the
restoration improvements and success criteria.
NOW THEREFORE, in consideration of the designation of the Property as
Stewardship Sending Area, together with other good and valuable consideration, the
adequacy and receipt of which are hereby acknowledged, Grantor hereby grants,
creates, conveys and establishes a perpetual nonexclusive Stewardship Easement for
and in favor of the Grantees upon the property described in Exhibit "A", which shall run
with the land and be binding upon the Grantor, its successors and assigns and shall
remain in full force and effect forever. It is agreed as follows:
1.
The recitals and exhibits are incorporated by reference as if repeated
verbatim herein.
2.
Exhibit "C" depicts and Exhibit "D" describes the four thousand seven
hundred seventy-five and nine tenths (4,775.9) acres within Sunniland
Family SSA 12 where the following six (6) Land Use Layers are eliminated
and the Property is henceforth prohibited from being utilized for the
following land uses, as defined in Section 4.08.06 804. of the LDC:
a. Residential Land Uses, also described as Land Use Layer 1.
b. General Conditional Uses, also described as Land Use
Layer 2.
c. Earth Mining and Processing Uses, also described as Land Use
Layer 3.
d. Recreational Uses, also described as Land Use layer 4.
e. Agriculture - Group 1, also described as Land Use Layer 5.
f. Agriculture - Support Uses, also described as Land Use layer 6.
3.
4.
5.
Agenda Item No. 17 A
February 9, 2010
Page 22 of 105
Grantor reserves all other rights as Owner of the Property, including the
right to engage in all other uses of the Property that are not inconsistent
with the SSA Agreement or the intent and purposes of this Stewardship
Easement. Grantor may use Sunniland Family SSA 12 only for the land
uses set forth in this paragraph:
a. Conservation, Restoration, and Natural Resources Uses (Land Use
Layer 8) are allowed on all of the Property, including the specifics
thereof set forth in Section 4.08.06 8.4.b. of the LOC.
b. Those lands in Sunniland Family SSA 12 land depicted on Exhibit
"C" as having had the first six (6) Land Use Layers eliminated, may
also be used for Agriculture - Group 2 (Land Use Layer 7) as
defined in Section 4.08.06 8.4 of the LOC. Agriculture - Group 2
uses cannot be converted to Agriculture - Group 1 from and after
the designation of such lands as a SSA.
c. Grantor retains the right to construct farm and ranch roads and
other facilities in connection with existing and retained uses on the
Property, and to maintain such roads and other facilities within the
Property that have historically served uses on the Property and on
adjacent lands, including below-ground oil and gas pipes and lines
serving the existing oil production pads located inside the
boundaries of Sunniland SSA-12, which pads are not included in
Sunniland SSA-12.
d. Grantor retains the right to engage in traditional activities on the
Property, such as, but not limited to hiking, hunting (including
organized hunting activities), nature observatory and other eco-
observation excursions, and other such occasional non-destructive
activities.
The Grantees shall have the right to enjoin any activity on or use of the
Property that is inconsistent with this Stewardship Easement and to
enforce the restoration of such areas or features of the Property that may
be altered by any inconsistent activity or use. Notwithstanding the above,
Grantor shall not be liable for or be obligated to restore alterations of the
Property caused by third-parties or acts of God.
The following land management measures shall be undertaken as to
Sunniland Family SSA 12 and the Grantor, its successors and assigns, of
the fee title to the Property shall be the party responsible for such
measures:
Agenda Item No. 17 A
February 9, 2010
Page 23 of 105
a. On those lands within Sunniland Family SSA 12 on which
Agriculture - Group 2 uses are the only remaining agricultural uses,
land management measures will be those customarily utilized in
ranching operations in Southwest Florida. These customary
measures may include brush clearing, mechanical brush control
("chopping") prescribed burning, other exotic and nuisance species
control, fence construction and maintenance, silvicultural
management, and berm, ditch and ranch road maintenance.
b. For those areas to be designated for restoration and to be restored
by Grantor, additional land management measures will be required.
The areas designated for restoration which are to be restored by
Grantor are referred to as Flowway Restoration Area and are
depicted on Exhibit "E" and described in Exhibit "F". The additional
land management measures which are required after restoration
improvements are set forth in the Restoration Program described in
Exhibit "G" hereof.
6. The required restoration improvements, success criteria, land
management measures and other commitments of Grantor in respect to
the Flowway Restoration Area are contained in the Restoration Program.
7. Grantees shall not be responsible for any costs or liabilities related to the
operation of or land management measures for the Property, except for
damage or alteration of the Property caused in whole or in part by
Grantee's acts or omissions.
8. Grantor shall pay any and all real property taxes and assessments levied
by competent authority on the Property.
9. References to the LDC are to those provisions of Section 4.08.06 of the
Collier County Land Development Code in existence as of the date of this
Stewardship Easement Agreement and those LDC provisions shall control
as to all rights, obligations, implementation, entitlements, land uses
eliminated and permitted, and interpretations, requirements, or issues
relating thereto, notwithstanding any future amendments thereto.
10. Enforcement of the terms and provisions of the Stewardship Easement
shall be at the reasonable discretion of Grantees, and any forbearance on
behalf of Grantees to exercise their rights hereunder in the event of any
breach hereof by Grantors, shall not be deemed or construed to be a
waiver of Grantees' rights hereunder. All costs and reasonable attorneys'
fees incurred in enforcing, judicially or otherwise, the terms and
restrictions of this Stewardship Easement shall be borne by and
recoverable against the non-prevailing party in such proceedings.
Agenda Item No. 17A
February 9, 2010
Page 24 of 105
11. Grantees will hold this Stewardship Easement for the purposes set forth
herein and to ensure compliance with the terms hereof. Grantees will not
assign their rights and obligations under this Stewardship Easement
except to another organization qualified to hold such interests under the
applicable state laws.
12. If any provision of this Stewardship Easement or the application thereof to
any person or circumstances is found to be invalid, the remainder of the
provisions of this Stewardship Easement shall not be affected thereby, so
long as the purpose of the Stewardship Easement is preserved.
13. 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-in-interest.
14. Except as provided in Section 15 below, this Stewardship Easement may
be amended, altered, released or revoked only by written agreement of
both Grantor and Grantees, which shall be filed in the Public Records of
Collier County, or as provided for in the Escrow Agreement between
Grantor and the County dated February 9,2010.
15. Grantee acknowledges that the removal of Land Use Layers to generate
Stewardship Credits under the Stewardship Easement does not preclude
the use of such removal as compensation, mitigation or conservation
measures under any program established by County, state or federal
statute, regulation or ordinance for activities conducted in a Stewardship
Receiving Area utilizing the Stewardship Credits generated by the
Stewardship Easement. Grantee also acknowledges that nothing in this
Stewardship Easement or County LOC precludes Grantor's right to
remove one or more additional Land Use Layers and/or restoration
activities for use as compensation, mitigation or conservation measures
under any program established by County, state or federal statute,
regulation or ordinance either concurrent with or independent of the
generation of additional Stewardship Credits.
TO HAVE AND TO HOLD unto Grantees, their successors and assigns forever.
These covenants, terms, conditions, restrictions and purposes imposed with this
Stewardship Easement shall not only be binding upon Grantor, but also its successors
and assigns, and shall continue as a servitude running in perpetuity with the Property.
Grantor hereby covenants with Grantees that Grantor is lawfully seized of the
Property in fee simple; that the Property is free and clear of all encumbrances that are
Agenda Item No. 17 A
February 9, 2010
Page 25 of 105
contrary to this Stewardship Easement; that Grantor has good right and lawful authority
to convey this Stewardship Easement; and that Grantor hereby fully warrants title to the
Stewardship Easement hereby conveyed and will defend same against the lawful claims
of all persons whomsoever.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - SIGNATURE PAGES FOLLOW]
Agenda Item No. 17 A
February 9, 2010
Page 26 of 105
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the
_dayof ,2010.
GRANTEES' ACCEPTANCE OF STEWARDSHIP EASEMENT
WITNESS:
FLORIDA DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES
By:
Print Name:
Its:
Name
Signature
Name
Signature
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Stewardship Easement Agreement was executed before me this _ day
of ,2010, by as of
the Florida Department of Agriculture and Consumer Services, on behalf of the
Department, who is personally known to me or produced as
identification.
Notary Public
Name
Certificate No.
My Commission Expires
Agenda Item No. 17 A
February 9,2010
Page 27 of 105
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Fred W. Coyle, Chairman
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By: ~AJ' A 00
~ right, Assistant County Attorney
Land Use Section, Chief
WITNESS:
SUNNILAND FAMILY LIMITED
PARTNERSHIP, a Florida limited partnership
0i~I...-YMC"" le/50''-
(Signature)
By: SUNNILAND PARTNERS, LLC,
a Florida limited liability company
Its: General Partner
(Signature)
tiL u__. /Cl~f/
(Print full name) ~ (
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Easement Agreement was executed before me this.:t!? day of
~V ,2010, by Aliese P. Priddy, Managing Member of Sunniland
Partners, LLC, a Florida limited liability company, general partner of Sunniland Family
Limited ,ida limited partnership, on behalf of the company, who is
p onally known to me or roduced . entification.
Notary Public
Name:
Certificate No.
My Commission expires:
Agenda Item No. 17 A
February 9, 2010
Page 28 of 105
LIST OF EXHIBITS
Sunniland Stewardship Sending Area 12 Stewardship Easement Agreement
Exhibit "A" Sunniland Family SSA 12 Land Legal Description
Exhibit "B" Sunniland Family SSA 12 (4,775.9 acre parcel) depicted on Map of SSA
Land
Exhibit "e" Retained Land Uses
Exhibit "0" Legal Description of Sunniland Family SSA 12 Retained Land Uses
Exhibit "E" Suniland Family SSA 12 Flowway Restoration Area
Exhibit "F" Legal Description of Sunniland Family SSA 12 Flowway Restoration Area
Exhibit "G" Sunniland Family SSA 12 Restoration Plan
Cp 12999 doc 38
EXHIBIT A
Agenda Item No. 17A
February 9, 2010
Page 29 of 105
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Agenda Item No. 17 A
February 9, 2010
Page 32 of 105
WilsqoMiller@
Legal Description
Of part of Sections 23-27 and Sections 34-36,
Township 48 South, Range 30 East,
Collier County, Florida.
(Stewardship Sending Area 12, Revised 01/20/2010)
All that part of Sections 23-27 and Sections 34-36, Township 48 South, Range 30 East,
Collier County, Florida and being more particularly described as follows:
Beginning at the Southeast corner of Section 36, Township 48 South, Range 30 East,
Collier County, Florida.
Thence North 89'37'54" West along the south line of said Section 36 for a distance of
5,260.70 feet to the Southeast corner of Section 35, Township 48, Range 30 East,
Collier County Florida;
Thence South 89'12'00" West along the south line of said Section 35 for a distance of
2,641.23 feet to the South Y. corner of said Section 35;
Thence continue South 89'07'44" West along said south line for a distance of 2,642.35
feet to the South east corner or Section 34, Township 48 South, Range 30 East, Collier
County, Florida;
Thence South 89'06'03" West along the south line of said Section 34 for a distance of
2,641.41 feet to the South Y. corner of said Section 34;
Thence continue South 89'06'34" West along said south line for a distance of 2,635.98
feet to the Southwest corner of said Section 34;
Thence North 22'42'49" East a distance of 5,778.50 feet to a point on the south line of
Section 27, Township 48 South, Range 30 East, Collier County, Florida;
Thence leaving said south line North 22'57'35" West for a distance of 3,855.59 feet;
Thence North 18'12'30" East for a distance of 1,809.50 feet to a point on the south line
of Section 22, Township 48 South, Range 30 East, Collier County, Florida;
Thence North 89'24'03" East along the south line of said Section 22, for a distance of
3,770.96 feet to the Southwest corner of Section 23, Township 48 South, Range 30
East, Collier County, Florida;
Thence North 01 '09'30" West along the west line of said Section 23, for a distance of
5,279.32 feet to the Northwest corner of said Section 23;
Thence North 89'17'46" East along the north line of said Section 23, for a distance of
5,283.96 feet to the Northwest corner of Section 24, Township 48 South, Range 30
East, Collier County, Florida;
Thence North 89'12'44" East along the north line of said Section 24, for a distance of
2,649.04 feet to the North Y. corner of said Section 24;
Thence leaving the north line of said Section 24 along the southerly boundary of those
lands described in official records book 3903, page 1536 for the following three (3)
courses:
1. South 00'47'16" Eastfor a distance of 110.00 feet;
2. North 89'25'26" East for a distance of 2,449.05 feet;
3. North 00'51 '06" Westfor a distance of 119.24 feet to a point on the north line
of said Section 24, lying 200 feet west of the east line of said Section 24;
Thence North 88'55'50" East along the north line of said Section 24 for a distance of
200.00 feet to the Northeast corner of said Section 24;
Thence South 00'57'54" East along the east line of said Section 24 for a distance of
5,319.57 feel to the Northeast corner of Section 25, Township 48 South, Range 30
East, Collier County, Florida;
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Agenda Item No. 17 A
February 9, 2010
Page 33 of 105
ThenceSouth 00'55'50" East along the east line of said Section 25 for a distance of
2,660.18 feet to the East Y. corner of said Section 25;
Thence continue South 00'57'17" East along said east line for a distance of 2,649.72
feet to the Northeast corner of Section 36, Township 48 South. Range 30 East, Collier
County, Florida;
Thence South 00'56'47" East along the east line of said Section 36 for a distance of
2,663.16 feet to the East Y. corner of said Section 36;
Thence continue South 01 '20'28" East along said east line for a distance of 2,640.29
feet to the Southeast corner of Section 36, Township 48 South, Range 30 East, Collier
County, Florida and the POINT OF BEGINNING.
Containing 4,793.45 acres more or less.
lESS AND EXCEPTING THE FOllOWING DESCRIBED PARCEL 1;
All that part of Section 35, Township 48 South. Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southeast corner of Section 34, Township 48 South,
Range 30 East, Collier County, Florida;
Thence North 39'24'43" East 1,913.15 feet to the POINT OF BEGINNING;
Thence North 47"25'02" West 254.89 feet;
Thence North 26'36'43" West 15.98 feet;
Thence North 35'50'23" East 332.75 feet;
Thence South 49'58'06" East 165.60 feet;
Thence North 26'59'47" East 91.11 feet;
Thence South 46'28'12" East 117.87 feet;
Thence South 1 r06'29" West 68.99 feet;
Thence South 25'20'31" West 106.64 feet;
Thence South 44'59'59" West 265.42 feet to the POINT OF BEGINNING.
Containing 2.55 acres more or less.
ALSO lESS AND EXCEPTING THE FOllOWING DESCRIBED PARCEL 2;
All that part of Section 34, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southeast corner of said Section 34;
lEGAL DESCRIPTION
Thence North 12'06'45" West 1 ,970.05 feet to the POINT OF BEGINNING;
Thence North 89'22'27" West 771.23 feet;
Thence North 56'18'20" West 109.73 feet;
Thence North 00'00'00" East 131.88 feet;
Thence North 14'31'57" East 141.48 feet;
Thence North 2r18'02" East 176.95 feet;
Thence North 8r59'51" East 436.30 feet;
Thence South 89'06'21" East 6.43 feet;
Thence North 40'10'20" East 53.21 feet;
Thence South 50'47'07" East 59.09 feet;
Thence North 90'00'00" East 5.02 feet;
Thence North 8r59'47" East 197.88 feet;
Thence North 64'59'04" East 83.96 feet;
Thence North 49'23'50" East 194.45 feet;
Thence South 13'39'56" West 41.32 feet;
1/2012010.195781 - Ver: 4 -JCSOlTY
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Agenda Item No. 17 A
February 9,2010
Page 34 of 105
Thence South 27'12'55" West 90.63 feet;
Thence South 17'21'47" West 38.60 feet;
Thence South 37'24'07" West 98.55 feet;
Thence South 23'44'42" West 62.89 feet;
Thence South 34'30'45" West 89.41 feet;
Thence South 34'59'42" West 56.22 feet;
Thence South 41 '49'18" West 58.69 feet;
Thence South 32'37'14" West 68.35 feet;
Thence South 27'53'30" West 44.30 feet;
Thence South 08'58'20" East 44.29 feet;
Thence South 36'01'31" East 31.31 feet;
Thence South 57'48'50" East 73.47 feet;
Thence South 60020'08" East 42.33 feet to the POINT OF BEGINNING.
Containing 9.63 acres more or less.
ALSO LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL 3;
All that part of Section 34, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southwest corner of said Section 34;
Thence North 45'50'21" East 5,414.39 feet to the POINT OF BEGINNING;
Thence North 33022'03" West 118.93 feet;
Thence North 33022'04" West 130.08 feet;
Thence North 56034'27" East 303.88 feet;
Thence South 37'20'55" East 242.47 feet;
Thence South 55018'18" West 192.42 feet;
Thence South 55018'20" West 128.38 feet to the POINT OF BEGINNING.
Containing 1.76 acres more or less.
ALSO LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL 4;
All that part of Section 34, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southwest corner of said Section 34;
Thence North 34007'47" East 1,754.17 feet to the POINT OF BEGINNING;
Thence North 09'28'50" West 23.44 feet;
Thence North 08007'36" West 27.24 feet;
Thence North 00054'06" West 298.68 feet;
Thence South 74003'51" East 34.83 feet;
Thence South 66030'18" East 40.00 feet;
Thence South 64026'39" East 32.08 feet;
Thence North 66002'29" East 44.39 feet;
Thence North 79049'06" East 46.03 feet;
Thence South 30059'23" East 38.37 feet;
Thence South 02027'09" East 52.12 feet;
Thence South 03039'35" West 58.52 feet;
Thence South 02'43'50" West 57.61 feet;
Thence South 05000' 14" East 56.19 feet;
Thence South 01038'58" West 51.37 feet;
Thence South 70001'08" West 32.57 feet;
Thence North 90000'00" West 38.27 feet;
112012010 - 195781 . Ver: 4 - JCSOTIY
03312-C47-050 - - 0
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Agenda Item No. 17 A
February 9, 2010
Page 35 of 105
Thence South 63026'39" West 33.79 feet;
Thence South 63018'10" West 3.18 feet;
Thence South 21002'32" West 6.43 feet;
Thence North 77048'14" West 30.14 feet;
Thence North 90000'00' West 57.79 feet to the POINT OF BEGINNING.
Containing 1.48 acres more or less.
ALSO LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL 5;
All that part of Section 23, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southwest comer of said Section 23;
Thence North 33023'03" East 2,397.77 feet to the POINT OF BEGINNING;
Thence North 03010'09" West 5.22 feet;
Thence North 03010'46" West 185.33 feet;
Thence North 88005'21" East 152.26 feet;
Thence South 57"59'47" East 47.85 feet;
Thence South 19058'58" East 118.74 feet;
Thence North 87"42'22" East 126.90 feet;
Thence South 02051'44" East 229.96 feet;
Thence South 21056'30" West 7.49 feet;
Thence North 77"19'29" West 19.99 feet;
Thence North 90000'00" West 123.06 feet;
Thence North 80032'30" West 48.29 feet;
Thence North 45000'00" West 50.53 feet;
Thence North 38039'11" West 50.84 feet;
Thence North 42016'47" West 59.01 feet;
Thence North 55018'27" West 62.77 feet;
Thence North 56"56'57" West 11.04 feet to the POINT OF BEGINNING.
Containing 2.12 acres more or less.
Containing 4,775.91 net acres more or less.
Subject to easements and restrictions of record.
Bearings are based on the South line of said Section 36, being North 89"37'54" West.
Certificate of authorization #LB-43.
Wilson Miller, Inc.
Registered Engineers and Land Surveyors
Date J - 20 - 2{)IO
nal Surveyor and Mapper #LS4493
112012010 - 195781 - Ver: 4. JCSOTTY
Oll12-C47-050 - - 0
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Agenda Item No. 17A
February 9,2010
Page 36 of 105
EXHIBIT B
Agenda Item No. 17A
ruary 9, 2010
ge 37 of 105
EXHIBIT C
Agenda Item No. 17A
February 9, 2010
Page 38 of 105
EXHIBIT D
Agenda Item No. 17A
February 9, 2010
Page 40 of 105
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Agenda Item No. 17 A
February 9, 2010
Page 43 of 105
WilsqnMiller@
Legal Description
Of part of Sections 23-27 and Sections 34-36,
Township 48 South, Range 30 East,
Collier County, Florida.
(Stewardship Sending Area 12, Revised 01/20/2010)
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All that part of Sections 23-27 and Sections 34-36, Township 48 South, Range 30 East,
Collier County, Florida and being more particularly described as follows:
Beginning at the Southeast comer of Section 36, Township 48 South, Range 30 East,
Collier County, Florida.
Thence North 89"37'54" West along the south line of said Section 36 for a distance of
5,260.70 feet to the Southeast comer of Section 35, Township 48, Range 30 East,
Collier County Florida;
Thence South 89"12'00" West along the south line of said Section 35 for a distance of
2,641.23 feet to the South Y. comer of said Section 35;
Thence continue South 89"07'44" West along said south line for a distance of 2,642.35
feet to the South east comer or Section 34, Township 48 South, Range 30 East, Collier
County, Florida;
Thence South 89"06'03" West along the south line of said Section 34 for a distance of
2,641.41 feet to the South Y. comer of said Section 34;
Thence continue South 89"06'34" West along said south line for a distance of 2,635.98
feet to the Southwest comer of said Section 34;
Thence North 22"42'49" East a distance of 5,778.50 feet to a point on the south line of
Section 27, Township 48 South, Range 30 East, Collier County, Florida;
Thence leaving said south line North 22"57'35" West for a distance of 3,855.59 feet;
Thence North 18"12'30" East for a distance of 1,809.50 feet to a point on the south line
of Section 22, Township 48 South, Range 30 East, Collier County, Florida;
Thence North 89"24'03" East along the south line of said Section 22, for a distance of
3,770.96 feet to the Southwest corner of Section 23. Township 48 South, Range 30
East, Collier County, Florida;
Thence North 01 "09'30" West along the west line of said Section 23, for a distance of
5,279.32 feet to the Northwest corner of said Section 23;
Thence North 89"17'46" East along the north line of said Section 23, for a distance of
5,283.96 feet to the Northwest corner of Section 24, Township 48 South, Range 30
East, Collier County, Florida;
Thence North 89"12'44" East along the north line of said Section 24, for a distance of
2,649.04 feet to the North Y. corner of said Section 24;
Thence leaving the north line of said Section 24 along the southerly boundary of those
lands described in official records book 3903, page 1536 for the following three (3)
courses:
1. South 00"47'16" East for a distance of 110.00 feet;
2. North 89"25'26" East for a distance of 2,449.05 feet;
3. North 00"51'06" West for a distance of 119.24 feet to a point on the north line
of said Section 24, lying 200 feet west of the east line of said Section 24;
Thence North 88055'50" East along the north line of said Section 24 for a distance of
200.00 feet to the Northeast corner of said Section 24;
Thence South 00057'54" East along the east line of said Section 24 for a distance of
5,319.57 feet to the Northeast corner of Section 25, Township 48 South, Range 30
East, Collier County, Florida;
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Agenda Item No. 17A
February 9, 2010
Page 44 of 105
Thence South 00055'50" East along the east line of said Section 25 for a distance of
2,660.18 feet to the East Y. comer of said Section 25;
Thence continue South 00057'17" East along said east line for a distance of 2,649.72
feet to the Northeast corner of Section 36, Township 48 South, Range 30 East, Collier
County, Florida;
Thence South 00056'47" East along the east line of said Section 36 for a distance of
2,663.16 feet to the East Y. comer of said Section 36;
Thence continue South 01020'28" East along said east line for a distance of 2,640.29
feet to the Southeast comer of Section 36, Township 48 South, Range 30 East, Collier
County, Florida and the POINT OF BEGINNING.
Containing 4,793.45 acres more or less.
LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL 1;
All that part of Section 35, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southeast comer of Section 34, Township 48 South,
Range 30 East, Collier County, Florida;
Thence North 39024'43" East 1,913.15 feet to the POINT OF BEGINNING;
Thence North 47"25'02" West 254.89 feet;
Thence North 26036'43" West 15.98 feet;
Thence North 35050'23" East 332.75 feet;
Thence South 49058'06" East 165.60 feet;
Thence North 26059'47" East 91.11 feet;
Thence South 46028'12" East 117.87 feet;
Thence South 17"06'29" West 68.99 feet;
Thence South 25020'31" West 106.64 feet;
Thence South 44059'59" West 2u5.42 feet to the POINT OF BEGINNING.
Containing 2.55 acres more or less.
ALSO LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL 2;
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All that part of Section 34, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southeast corner of said Section 34;
LEGAL DESCRIPTION
Thence North 12006'45" West 1,970.05 feet to the POINT OF BEGINNING;
Thence North 89022'27" West 771.23 feet;
Thence North 56"18'20" West 109.73 feet;
Thence North 00000'00" East 131.88 feet;
Thence North 14031 '57" East 141.48 feet;
Thence North 27"18'02" East 176.95 feet;
Thence North 87"59'51" East 436.30 feet;
Thence South 89006'21" East 6.43 feet;
Thence North 40010'20" East 53.21 feet;
Thence South 50047'07" East 59.09 feet;
Thence North 90000'00" East 5.02 feet;
Thence North 87"59'47" East 197.88 feet;
Thence North 64059'04" East 83.96 feet;
Thence North 49023'50" East 194.45 feet;
Thence South 13039'56" West 41.32 feet;
Agenda Item No. 17 A
February 9, 2010
Page 45 of 105
Thence South 27"12'55" West 90.63 feet;
Thence South 17"21'47" West 38.60 feet;
Thence South 37"24'07" West 98.55 feet;
Thence South 23"44'42" West 62.89 feet;
Thence South 34"30'45" West 89.41 feet;
Thence South 34"59'42" West 56.22 feet;
Thence South 41"49'18" West 58.69 feet;
Thence South 32"37'14" West 68.35 feet;
Thence South 27"53'30" West 44.30 feet;
Thence South 08"58'20" East 44.29 feet;
Thence South 36"01'31" East 31.31 feet;
Thence South 57"48'50" East 73.47 feet;
Thence South 60"20'08" East 42.33 feet to the POINT OF BEGINNING.
Containing 9.63 acres more or less.
ALSO LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL 3;
All that part of Section 34, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southwest corner of said Section 34;
Thence North 45"50'21" East 5,414.39 feet to the POINT OF BEGINNING;
Thence North 33"22'03" West 118.93 feet;
Thence North 33"22'04" West 130.08 feet;
Thence North 56"34'27" East 303.88 feet;
Thence South 37"20'55" East 242.47 feet;
Thence South 55"18'18" West 192.42 feet;
Thence South 55"18'20" West 128.38 feet to the POINT OF BEGINNING.
Containing 1.76 acres more or less.
ALSO lESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL 4;
All that part of Section 34, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southwest corner of said Section 34;
Thence North 34"07'47" East 1,754.17 feet to the POINT OF BEGINNING;
Thence North 09"28'50" West 23.44 feet;
Thence North 08"07'36" West 27.24 feet;
Thence North 00"54'06" West 298.68 feet;
Thence South 74"03'51" East 34.83 feet;
Thence South 66"30'18" East 40.00 feet;
Thence South 64"26'39" East 32.08 feet;
Thence North 66"02'29" East 44.39 feet;
Thence North 79"49'06" East 46.03 feet;
Thence South 30"59'23" East 38.37 feet;
Thence South 02"27'09" East 52.12 feet;
Thence South 03"39'35" West 58.52 feet;
Thence South 02"43'50" West 57.61 feet;
Thence South 05"00'14" East 56.19 feet;
Thence South 01 "38'58" West 51.37 feet;
Thence South 70"01'08" West 32.57 feet;
Thence North 90"00'00" West 38.27 feet;
,b,t ~
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1/20/2010.195781 - Vcr: 4 JCSOITY
033 IZ-C47.050 - - 0
Agenda Item No. 17 A
February 9, 2010
Page 46 of 105
Thence South 63026'39" West 33.79 feet;
Thence South 63018'10" West 3.18 feet;
Thence South 21002'32" West 6.43 feet;
Thence North 7r48'14" West 30.14 feet;
Thence North 90000'00" West 57.79 feet to the POINT OF BEGINNING.
Containing 1.48 acres more or less.
ALSO LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL 5;
All that part of Section 23, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southwest corner of said Section 23;
Thence North 33023'03" East 2,397.77 feet to the POINT OF BEGINNING;
Thence North 03010'09" West 5.22 feet;
Thence North 03010'46" West 185.33 feet;
Thence North 88005'21" East 152.26 feet;
Thence South 5r59'47" East 47.85 feet;
Thence South 19058'58" East 118.74 feet;
Thence North 87'42'22" East 126.90 feet;
Thence South 02051'44" East 229.96 feet;
Thence South 21056'30" West 7.49 feet;
Thence North 7r19'29" West 19.99 feet;
Thence North 90000'00" Wes1123.06 feet;
Thence North 80032'30" West 48.29 feet;
Thence North 45000'00" West 50.53 feet;
Thence North 38"39'11" West 50.84 feet;
Thence North 42016'47" West 59.01 feet;
Thence North 55018'27" West 62.77 feet;
Thence North 56056'57" West 11.04 feet to the POINT OF BEGINNING.
Containing 2.12 acres more or less.
Containing 4,775.91 net acres more or less.
Subject to easements and restrictions of record.
Bearings are based on the South line of said Section 36, being North 89037'54" West.
Certificate of authorization #LB-43.
WilsonMiller, Inc.
Registered Engineers and Land Surveyors
Date / - 2C - ::.c/O
nal Surveyor and Mapper #LS4493
€~1,,6,~ I)
l<> c/ (y
1/20/2010-195781 - vcr: 4 JCSOTTY
OJJ!2-C47-050 - - 0
EXHIBIT E
Agenda Item No. 17 A
February 9, 2010
Page 47 of 105
Agenda Item No. 17 A
ruary 9, 2010
ge 48 of 105
EXHIBIT F
Agenda Item No. 17A
February 9,2010
Page 49 of 105
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Agenda Item No. 17 A
February 9, 2010
Page 51 of 105
DESCRIPTION OF LANDS
LYING WITHIN SECTIONS
23, 24, 25, AND 26
TOWNSHIP 48 SOUTH, RANGE 30 EAST
COLLIER COUNTY, FLORIDA
(STEWARDSHIP SENDING AREA 12 - FLOWWAY RESTORATION AREA 1)
STEWARDSHIP SENDING AREA 12 -FLOWWAY RESTORATION AREA 1
(403.48 ACRE PARCEL)
ALL THAT PART OF SECTIONS 23, 24, 25, AND 26, TOWNSHIP 48 SOUTH, RANGE 30
EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 23, TOWNSHIP 48 SOUTH,
RANGE 30 EAST, COLLIER COUNTY, FLORIDA.
THENCE CONTINUING NORTH 89"17'46" EAST ALONG THE NORTH LINE OF SAID
SECTION 23 FOR A DISTANCE OF 2506.60 FEET TO THE POINT OF BEGINNING.
THENCE NORTH 89"17'44' EAST ALONG THE NORTH LINE OF SAID SECTION 23 FOR A
DISTANCE OF 2059.58 FEET TO A POINT ON SAID NORTH LINE;
THENCE LEAVING SAID NORTH LINE IN STRAIGHT LINE VERTICES THROUGH THE
FOLLOWING 101 COURSES:
1. THENCE SOUTH 34"34'45" EAST 66.20 FEET;
2. THENCE SOUTH 28"16'38" EAST 1261.68 FEET;
3. THENCE SOUTH 06"00'32" WEST 585.60 FEET;
4. THENCE SOUTH 01"08'04" EAST 774.10 FEET;
5. THENCE SOUTH 04"32'16" EAST 484.28 FEET;
6. THENCE SOUTH 07"07'30" EAST 185.34 FEET;
7. THENCE SOUTH 08"28'16" EAST 364.13 FEET;
8. THENCE SOUTH 07"41'46" EAST 457.77 FEET;
9. THENCE SOUTH 16"30'16" EAST 215.79 FEET;
10. THENCE SOUTH 26015'31" EAST 640.85 FEET;
11. THENCE SOUTH 27"27'04" EAST 498.68 FEET;
12. THENCE SOUTH 20"48'24" EAST 614.81 FEET;
13. THENCE SOUTH 20"16'57" EAST 563.69 FEET;
14. THENCE SOUTH 22"06'34" EAST 198.51 FEET;
15. THENCE SOUTH 10"57'15" WEST 181.47 FEET;
16. THENCE SOUTH 43"09'09" WEST 252.09 FEET;
17. THENCE SOUTH 63"58'14" WEST 275.02 FEET;
18. THENCE SOUTH 44"59'59" EAST 56.89 FEET;
19. THENCE SOUTH 14"02'11" EAST 47.39 FEET;
20. THENCE SOUTH 29"03'17" WEST 59.17 FEET;
21. THENCE SOUTH 28"18'03" WEST 169.71 FEET;
22. THENCE SOUTH 32"54'18" WEST 57.59 FEET;
23. THENCE SOUTH 47"17'11" WEST 20.49 FEET;
24. THENCE SOUTH 14"02'10" WEST 32.78 FEET;
25. THENCE SOUTH 15"25'19" EAST 95.66 FEET;
26. THENCE SOUTH 00"00'00" EAST 47.70 FEET;
27. THENCE SOUTH 29"03'18" WEST 32.74 FEET;
28. THENCE SOUTH 08"19'32" WEST 65.88 FEET;
29. THENCE SOUTH 04"23'55" WEST 82.92 FEET;
30. THENCE SOUTH 06"10'13" EAST 59.17 FEET;
31. THENCE SOUTH 20"33'22" EAST 54.34 FEET;
32. THENCE SOUTH 27"07'16" EAST 73.24 FEET;
t"c.,:b.1- F
;2. 0 ~ "l
Agenda Item No. 17A
February 9,2010
Page 52 of 105
33. THENCE SOUTH 30'39'02" EAST 149.70 FEET;
34. THENCE SOUTH 30'29'00" EAST 260.14 FEET;
35. THENCE SOUTH 32"39'40" EAST 73.66 FEET;
36. THENCE SOUTH 21 '09'40" EAST 52.85 FEET;
37. THENCE SOUTH 18'26'06" EAST 40.22 FEET;
38. THENCE SOUTH 05'06'08" EAST 89.39 FEET;
39. THENCE SOUTH 09'27'45" EAST 96.71 FEET;
40. THENCE SOUTH 06'50'21" EAST 49.28 FEET;
41. THENCE NORTH 77'54'21" WEST 17.92 FEET;
42. THENCE NORTH 81'01'36" WEST 19.33 FEET;
43. THENCE SOUTH 77'54'15" WEST 14.39 FEET;
44. THENCE NORTH 58'34'13" WEST 21.20 FEET;
45. THENCE NORTH 36'52'09" WEST 15.07 FEET;
46. THENCE NORTH 21'15'02" WEST 19.41 FEET;
47. THENCE NORTH 18'26'07" WEST 15.89 FEET;
48. THENCE NORTH 25'20'46" WEST 21.13 FEET;
49. THENCE NORTH 11'18'36" WEST 20.49 FEET;
50. THENCE NORTH 31'36'29"WEST 15.34 FEET;
51. THENCE NORTH 59'55'53" WEST 22.06 FEET;
52. THENCE NORTH 54'27'45" WEST 17.29 FEET;
53. THENCE NORTH 49"23'51" WEST 9.26 FEET;
54. THENCE NORTH 56'18'36" WEST 10.87 FEET;
55. THENCE NORTH 90'00'00" WEST 3.01 FEET;
56. THENCE SOUTH 86'38'00" WEST 17.11 FEET;
57. THENCE NORTH 90'00'00" WEST 16.08 FEET;
58. THENCE NORTH 70"33'33" WEST 18.11 FEET;
59. THENCE NORTH 74'28'35" WEST 18.77 FEET;
60. THENCE NORTH 90'00'00" WEST 10.05 FEET;
61. THENCE SOUTH 86"38'00" WEST 17.11 FEET;
62. THENCE SOUTH 51'20'27" WEST 12.87 FEET;
63. THENCE SOUTH 36'52'09" WEST 15.07 FEET;
64. THENCE SOUTH 40'14'12" WEST 17.11 FEET;
65. THENCE SOUTH 19'26'26" WEST 18.12 FEET;
66. THENCE SOUTH 21'48'00" WEST 10.82 FEET;
67. THENCE SOUTH 03'56'44" WEST 29.21 FEET;
68. THENCE SOUTH 00'00'00" WEST 21.10 FEET;
69. THENCE SOUTH 02'36'10" WEST 22.13 FEET;
70. THENCE SOUTH 20"33'23" WEST 8.58 FEET;
71. THENCE SOUTH 16'41'55" WEST 10.49 FEET;
72. THENCE SOUTH 15'15'18" WEST 7.22 FEET;
73. THENCE NORTH 62'32'17" WEST 10.56 FEET;
74. THENCE NORTH 43'09'10" WEST 51.64 FEET;
75. THENCE NORTH 49'55'37" WEST 193.83 FEET;
76. THENCE NORTH 49'40'27" WEST 265.59 FEET;
77. THENCE NORTH 49'40'17" WEST 429.28 FEET;
78. THENCE NORTH 47'29'31" WEST 1558.72 FEET;
79. THENCE NORTH 11 '09'56" EAST 27.87 FEET;
80. THENCE NORTH 11 '09'56" EAST 96.80 FEET;
81. THENCE NORTH 56'18'36" WEST 42.44 FEET;
82. THENCE NORTH 41 '00'33" WEST 71.76 FEET;
83. THENCE NORTH 39'15'05" WEST 249.31 FEET;
84. THENCE NORTH 30'47'03" WEST 128.80 FEET;
85. THENCE NORTH 27'14'07"WEST 180.06 FEET;
86. THENCE NORTH 24'35'19" WEST 303.77 FEET;
87. THENCE NORTH 24"15'48" WEST 551.81 FEET;
88. THENCE NORTH 23'09'18" WEST 407.14 FEET;
C.dl/blJ- F
3 o~ 9
Agenda Item No. 17A
February 9, 2010
Page 53 of 105
89. THENCE NORTH 22'44'06" WEST 693.S0 FEET;
90. THENCE NORTH 25'20'46" WEST 958.38 FEET;
91. THENCE NORTH 13'52'39" WEST 1370.93 FEET;
92. THENCE NORTH 10'13'20" WEST 474.97 FEET;
93. THENCE NORTH 00'00'00" EAST 228.67 FEET;
94. THENCE NORTH 11'27'S1" WEST 99.73 FEET;
9S. THENCE NORTH 05'29'01" WEST 506.88 FEET;
96. THENCE NORTH 07'31'28" WEST 619.36 FEET;
97. THENCE NORTH OS'SO'50" WEST 181.78 FEET;
98. THENCE NORTH 06'51'49" WEST 3S3.01 FEET;
99. THENCE NORTH 09'17'36" WEST 90.43 FEET;
100. THENCE NORTH 11'06'29" WEST 10S.57 FEET;
101. THENCE NORTH 07'31'28" WEST 917.76 FEET TO
THE POINT OF BEGINNING.
PARCEL CONTAINS 403.47 ACRES MORE OR LESS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
BEARINGS ARE BASED ON THE ON THE SOUTH LINE OF SECTION 36, TOWNSHIP 48
SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA
BEING NORTH 89'37'54" WEST
Date ()J- 2-:;; -2ND
rveyor and Mapper #LS4493
:.
::.
Or. 0 LLER, INC. REGIS E ENGINEERS AND LAND SURVEYORS.
o' NO-r V ID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A
PROFESSIONAL SURVEYOR AND MAPPER.
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Agenda Item No. 17A
February 9, 2010
Page 55 of 105
DESCRIPTION OF LANDS
LYING WITHIN SECTIONS
23, 24, 25, 35 AND 36
TOWNSHIP 48 SOUTH, RANGE 30 EAST
COLLIER COUNTY, FLORIDA
(STEWARDSHIP SENDING AREA 12 - FLOWWAY RESTORATION AREA 2)
STEWARDSHIP SENDING AREA 12 -FLOWWAY RESTORATION AREA 2
(1779.41 ACRE PARCEL)
ALL THAT PART OF SECTIONS 23,24,25,35, AND 36, TOWNSHIP 48 SOUTH, RANGE 30
EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 24, TOWNSHIP 48 SOUTH,
RANGE 30 EAST, COLLIER COUNTY, FLORIDA.
THENCE NORTH 89012'44" EAST ALONG THE NORTH LINE OF SAID SECTION 24, FOR A
DISTANCE OF 2,649.04 FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 24;
THENCE LEAVING NORTH LINE OF SAID SECTION 24 ALONG THE SOUTHERLY
BOUNDARY OF LANDS DECRIBED IN OFFICAL RECORDS BOOK 3903, PAGE 1536 FOR
THE FOLLOWING THREE (3) COURSES:
1. THENCE SOUTH 00047'16" EAST FOR A DISTANCE OF 110.00FEET;
2. THENCE NORTH 89025'26" EAST FOR A DISTANCE OF 2,449.05 FEET:
3. THENCE NORTH 00051'06" WEST FORA DISTANCE OF 119.24 FEET TO A POINT ON
THE NORTH LINE OF SAID SECTION 24 LYING 200 FEET WEST OF THE NORTHEAST
CORNER OF SAID SECTION 24 ;
THENCE NORTH 88055'50" EAST ALONG THE NORTH LINE OF SAID SECTION 24 FOR A
DISTANCE OF 200.00 FEET TO THE NORTHEAST CORNER OF SAID SECTION 24;
THENCE SOUTH 00057'54" EAST ALONG THE EAST LINE OF SAID SECTION 24 FOR A
DISTANCE OF 5,319.57 FEET TO THE NORTHEAST CORNER OF SECTION 25,
TOWNSHIP 48 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA;
THENCE SOUTH 00055'50" EAST ALONG THE EAST LINE OF SAID SECTION 25 FOR A
DISTANCE OF 2,660.18 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 25;
THENCE CONTINUE SOUTH 00057'17" EAST ALONG SAID EAST LINE FOR A DISTANCE
OF 2,649.72 FEET TO THE NORTHEAST CORNER OF SECTION 36, TOWNSHIP 48
SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA;
THENCE SOUTH 00056'47" EAST ALONG THE EAST LINE OF SAID SECTION 36 FOR A
DISTANCE OF 2,663.16 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 36;
THENCE CONTINUE SOUTH 01020'28" EAST ALONG SAID EAST LINE FOR A DISTANCE
OF 2,640.29 FEET TO THE SOUTHEAST CORNER OF SECTION 36, TOWNSHIP 48
SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA.
THENCE NORTH 89037'54" WEST ALONG THE SOUTH LINE OF SAID SECTION 36 FOR A
DISTANCE OF 5,260.70 FEET TO THE SOUTHEAST CORNER OF SECTION 35,
TOWNSHIP 48, RANGE 30 EAST, COLLIER COUNTY FlORIDA;
THENCE SOUTH 89012'00" WEST ALONG THE SOUTH LINE OF SAID SECTION 35 FOR A
DISTANCE OF 425.92 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 35;
THENCE LEAVING SAID SOUTH LINE IN STRAIGHT LINE VERTICES THROUGH THE
FOLLOWING 100 COURSES:
1, THENCE NORTH 67"04'50" EAST 115.05 FEET;
2. THENCE NORTH 60004'07" EAST 225.02 FEET;
3. THENCE NORTH 37"24'19" EAST 126.46 FEET;
4. THENCE NORTH 04028'02" EAST 379.35 FEET;
J"""bl:l- F
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Agenda Item No. 17 A
February 9, 2010
Page 56 of 105
5. THENCE NORTH 06"42'35" EAST 1,921.87 FEET;
6. THENCE NORTH OrOO'34" EAST 1,452.73 FEET;
7. THENCE NORTH 05"38'18" EAST 2,304.09 FEET;
8. THENCE NORTH 01"53'14" EAST 797.76 FEET;
9. THENCE NORTH 04"59'08" EAST 125.45 FEET;
10. THENCE NORTH 01 "39'04" WEST 60.35 FEET;
11. THENCE NORTH 01 "09'26" WEST 118.14 FEET;
12. THENCE NORTH 06"20'24" WEST 64.82 FEET;
13. THENCE NORTH 1 r25'04" WEST 63.77 FEET;
14. THENCE NORTH 30"18'10" WEST 106.40 FEET;
15. THENCE NORTH 29"29'35" WEST 302.92 FEET;
16. THENCE NORTH 25"42'35" WEST 35.75 FEET;
17. THENCE NORTH 33"01'26" WEST 85.38 FEET;
18. THENCE NORTH 2r28'28" WEST 67.24 FEET;
19. THENCE NORTH 16"37'15" WEST 83.42 FEET;
20. THENCE NORTH 01 "30'28" EAST 45.35 FEET;
21. THENCE NORTH Or25'53" EAST 55.35 FEET;
22. THENCE NORTH 11"35'31" EAST 47.50 FEET;
23. THENCE NORTH 15"35'35" EAST 53.26 FEET;
24. THENCE NORTH 04"23'54" EAST 31.11 FEET;
25. THENCE NORTH 18"26'05" WEST 45.27 FEET;
26. THENCE NORTH 21 "30'05" WEST 42.32 FEET;
27. THENCE NORTH 00"00'00" EAST 32.21 FEET;
28. THENCE NORTH 15"56'44" EAST 34.74 FEET;
29. THENCE NORTH 46"13'09" EAST 39.66 FEET;
30. THENCE NORTH 43"52'35" EAST 43.03 FEET;
31. THENCE NORTH 51 "20'25" EAST 30.56 FEET;
32. THENCE NORTH 66"22'14" EAST 83.34 FEET;
33. THENCE NORTH 70"12'04" EAST 126.80 FEET;
34. THENCE NORTH 6r56'27" EAST 196.96 FEET;
35. THENCE NORTH 68"22'46" EAST 210.47 FEET;
36. THENCE NORTH 43"09'09" EAST 52.33 FEET;
37. THENCE NORTH 30"01'06" EAST 62.00 FEET;
38. THENCE NORTH 04"05'08" WEST 83.73 FEET;
39. THENCE NORTH 16"31'33" WEST 113.25 FEET;
40. THENCE NORTH 16"06'49" WEST 111.77 FEET;
41. THENCE NORTH 18"16'21" WEST 133.18 FEET;
42. THENCE NORTH 18"26'06" WEST 264.09 FEET;
43. THENCE NORTH 18"34'09" WEST 161.10 FEET;
44. THENCE NORTH 12"53'55" WEST 160.34 FEET;
45. THENCE NORTH 14"55'41" WEST 207.82 FEET;
46. THENCE NORTH 15"28'43" WEST 31.14 FEET;
47. THENCE NORTH 1 r28'29" WEST 235.25 FEET;
48. THENCE NORTH 1 r51 '36" WEST 87.32 FEET;
49. THENCE NORTH 22"37'51" WEST 183.58 FEET;
50. THENCE NORTH 2r1 7'59" WEST 80.54 FEET;
51. THENCE NORTH 26"00'51"WEST 107.38 FEET;
52. THENCE NORTH 26"45'39" WEST 60.50 FEET;
53. THENCE NORTH 29"15'44"WEST 136.02 FEET;
54. THENCE NORTH 32"11'45" WEST 265.17 FEET;
55. THENCE NORTH 34"06'51" WEST 34.58 FEET;
56. THENCE NORTH 22"17'27" WEST 80.34 FEET;
57. THENCE NORTH 22"34'08" WEST 16000 FEET;
58. THENCE NORTH 25"46'55" WEST 85.59 FEET;
59. THENCE NORTH 25"32'30" WEST 131.04 FEET;
60. THENCE NORTH 23"33'47" WEST 228.68 FEET;
f'll"b,/- F
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Agenda Item No. 17A
February 9, 2010
Page 57 of 105
61. THENCE NORTH 20"29'46" WEST 40.73 FEET;
62. THENCE NORTH 14"34'49" WEST 154.27 FEET;
63. THENCE NORTH 17"24'21"WEST 121.93 FEET;
64. THENCE NORTH 14"11'27" WEST 41.43 FEET;
65. THENCE NORTH 00"55'00" WEST 57.72 FEET;
66. THENCE NORTH 01 "27'00" WEST 36.49 FEET;
67. THENCE NORTH 05"42'39" WEST 41.76 FEET;
68. THENCE NORTH 05"21 '03" WEST 168.33 FEET;
69. THENCE NORTH 02"15'38" WEST 70.23 FEET;
70. THENCE NORTH 02"50'51" WEST 176.59 FEET;
71. THENCE NORTH 06"29'38" WEST 57.16 FEET;
72. THENCE NORTH 16"18'48" WEST 19.72 FEET;
73. THENCE NORTH 31"49'37" WEST 15.76 FEET;
74. THENCE NORTH 25"57'32" WEST 39.03 FEET;
75. THENCE NORTH 03"40'05" WEST 36.09 FEET;
76. THENCE NORTH 03"06'12" WEST 76.76 FEET;
77. THENCE NORTH 03"10'47" WEST 83.24 FEET;
78. THENCE NORTH 00"45'43" EAST 173.62 FEET;
79. THENCE NORTH 01"04'43" WEST 220.74 FEET;
80. THENCE NORTH 01 "00'04" EAST 237.82 FEET;
81. THENCE NORTH 00"48'58" WEST 324.15 FEET;
82. THENCE NORTH 02"40'31" WEST 148.37 FEET;
83. THENCE NORTH 04"51'52" EAST 43.56 FEET;
84. THENCE NORTH 00"07'49" EAST 203.15 FEET;
85. THENCE NORTH 00"33'29" WEST 142.21 FtET;
86. THENCE NORTH 02"40'31" WEST 148.37 FEET;
87. THENCE NORTH 03"56'43" EAST 40.26 FEET;
88. THENCE NORTH 03"40'03" EAST 36.09 FEET;
89. THENCE NORTH 04"29'04" EAST 47.24 FEET;
90. THENCE NORTH 03"48'50" WEST 34.71 FEET;
91. THENCE NORTH 15"49'57" WEST 32.15 FEET;
92. THENCE NORTH 26"15'31" WEST 77.23 FEET;
93. THENCE NORTH 29"46'25" WEST 114.36 FEET;
94. THENCE NORTH 27"54'28" WEST 132.19 FEET;
95. THENCE NORTH 33"41'23" WEST 29.96 FEET;
96. THENCE NORTH 32"55'56" WEST 48.41 FEET;
97. THENCE NORTH 29"34'40" WEST 98.22 FEET;
98. THENCE NORTH 29"35'55" WEST 89.74 FEET;
99. THENCE NORTH 30"49'46" WEST 202.71 FEET;
100. THENCE NORTH 30"37'15" WEST 345.01 FEET TO A POINT ON THE NORTH LINE OF
SECTION 23, TOWNSHIP 48 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA;
THENCE NORTH 89"17'44" EAST ALONG THE NORTH LINE OF SAID SECTION 23 FORA
DISTANCE OF 538.70 FEET TO THE NORTHWEST CORNER OF SECTION 24, TOWNSHIP
48 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA.
SAID POINT BEING THE POINT OF BEGINNING.
PARCEL CONTAINS 1,779.41 ACRES.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
BEARINGS ARE BASED ON THE ON THE SOUTH LINE OF SECTION 36, TOWNSHIP 48
SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA
BEING NORTH 89"37'54" WEST, PER FLORIDA STATE PLANE COORDINATE SYSTEM,
FLORIDA EAST ZONE, NORTH AMERICAN DATUM 83.
3 f\l.l-"bi I- r
q of 1
Agenda Item No. 17A
February 9, 2010
Page 58 of 105
FLOWWAY RESTORATION PARCEL 2 CONTAINS 1779.41 ACRES MORE OR LESS.
Date CJ I - 1-5-/0
urveyor and Mapper #LS4493
. - =~IL LER, INC. REGI ENGINEERS AND LAND SURVEYORS.
:=: blOT \/!fIO WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A
- 'pROF~NAL SURVEYOR AND MAPPER.
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EXHIBIT G
Agenda Item No. 17A
February 9, 2010
Page 59 of 105
Agenda Item No. 17A
February 9, 2010
Page 60 of 105
EXHIBIT G
RESTORATION PROGRAM
1. The purpose of this Restoration Program is to identify the restoration
improvements, eligibility criteria, applicable success criteria, and land
management measures for Flowway Restoration Areas 1 and 2 of SSA 12, The
legal descriptions for these Restoration Areas can be found in Exhibit "En of the
SSA 12 Stewardship Credit Agreement and Exhibit "0" of the SSA 12
Stewardship Easement Agreement.
a. Flowway Restoration Area 1 is approximately 403.5 acres in size and is
within the Okaloacoochee Slough FSA as delineated on the RLSA Overlay
Map, The restoration improvements will consist of hydrologic restoration
improvements that will reduce physical impediments to sheetflow and
functionally enhance the flowway's natural hydrologic regime.
b. The hydrologic restoration improvements will consist of breaching and/or
partially removing berms to the natural grade of adjacent lands within
Flowway Restoration Area 1 (Credit Agreement Exhibit E), sufficient to re-
establish a natural flow regime. Grantor will design the location, size, and
number of berm alterations necessary to restore the natural flow regime,
while minimizing impacts to native tree species on the existing berms and
spoil piles. Where necessary, canals will also be partially filled to the
existing natural grade, and/or redirected to restore a more natural
sheetflow. SFWMD Big Cypress Basin shall determine if the Design is
adequate to restore the natural flow regime. Once the Design is
determined to be adequate, Grantor shall cause the restoration
improvements to be made.
c. The ecological restoration improvements within Flowway Restoration Area
1 shall consist of controlling exotic and nuisance vegetation (as currently
defined by the Florida Exotic Plant Pest Council) to levels less than 5%
area coverage. The primary exotic and nuisance species will be controlled
through a combination of mechanical removal, directed herbicide
applications, and controlled burning.
d. The applicant will notify staff when success criteria have been achieved.
Within 90 days of said notification, staff will confirm that the berms have
been breached and/or leveled, consistent with the Design, and that
ecological restoration improvements have met the minimum criteria listed
above. Upon said confirmation by County Staff, success criteria shall be
deemed to have been met, and the additional stewardship credits from
I OJ-!J
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f.
g.
h.
i.
Agenda Item No. 17A
February 9, 2010
Page 61 of 105
Flowway Restoration Area 1 shall be available for transfer or utilization by
Grantor
The land management measures for Flowway Restoration Area 1 shall be
to control exotics within the 403,5-acre restoration area.
Flowway Restoration Area 2 is approximately 1,779.4 acres in size and is
within the limits of the Okaloacoochee Slough FSA. The restoration
improvements will consist of: (1) hydrologic restoration improvements that
will increase the width of the flow way and functionally enhance the flow
way's natural hydrologic regime; (2) ecological restoration improvements
that will control exotic vegetation to improve ecological functions; and (3)
the supplemental planting of native species to restore habitats,
Supplemental plantings shall be reviewed by Collier County Environmental
Services staff. Restoring the field to a natural flow regime within the
Okaloacoochee Slough FSA will re-create historic sheetflow patterns
onsite and rehydrate areas south and southwest of the property.
The hydrologic restoration improvements will consist of breaching and/or
partially removing berms to the natural grade of adjacent lands within
Flowway Restoration Area 2 (Credit Agreement Exhibit E), sufficient to re-
establish a natural flow regime. Grantor will design the location, size, and
number of berm alterations necessary to restore the natural flow regime,
while minimizing impacts to native tree species on the existing berms and
spoil piles. Where necessary, canals will also be partially filled to the
existing natural grade, and/or redirected to restore a more natural
sheetflow. SFWMD Big Cypress Basin shall determine if the Design is
adequate to restore the natural flow regime. Once the Design is
determined to be adequate, Grantor shall cause the restoration
improvements to be made.
Ecological improvements within Flowway Restoration Area 2 shall consist
of controlling exotic and nuisance vegetation (as currently defined by the
Florida Exotic Plant Pest Council) to levels less than 5% area coverage.
The primary exotic and nuisance species will be controlled through a
combination of mechanical removal, directed herbicide applications, and
controlled burning. Exotic and nuisance species within the deeper portions
of Flowway Restoration Area 2, primarily primrose willow (Ludwigia
peruviana) and cattail (Typha spp.), may be excluded from intensive
control efforts due to the flowway water depths, equipment access, the
ifltensity of mechanical and/or chemical treatments necessary for control,
and potential environmental impacts.
The applicant will notify staff when success criteria have been achieved,
Within 90 days of said notification, staff will confirm that the berms have
2- of 3
j.
k.
I.
m.
Agenda Item No. 17 A
February 9, 2010
Page 62 of 105
been breached and/or leveled, consistent with the Design, and that
ecological restoration improvements have met the minimum criteria listed
above. Upon said confirmation by County Staff, success criteria shall be
deemed to have been met, and the additional stewardship credits from
Restoration Area 8 shall be available for transfer or utilization by Grantor.
The land management measures for Flowway Restoration Area 2 shall be
to control exotics within the 1, 779.4-acre restoration area.
The estimated annual costs of the land management measures for
Flowway Restoration Areas 1 and 2 are $8,000. Owner shall procure, at
its election, either a bond or letter of credit ("Surety") on an annual basis in
favor of the Grantees in an amount equal to 120% of the annual costs of
the land management measures. This obligation shall start 30 days after
Grantor has received notice from the County that any Stewardship Credits
from restoration improvements for SSA 12 restoration areas are available
and have been authorized, and the obligation shall end 10 years after the
start date, or at such date as a governmental entity or established
conservation organization undertakes the land management measures.
In the event Grantor fails to maintain any of the Restoration Areas
according to the land management measures set forth herein, County
shall have the right to draw upon the Surety after 60 days written notice to
Grantor with a right to cure and a failure of Owner to undertake cure within
said 60 days. The County shall only be permitted to use the drawn Surety
funds for the maintenance of the Restoration Areas in accordance with the
land management measures set forth herein.
In the event the Grantor fails to annually provide the Surety and fails to
maintain the Restoration Areas pursuant to the land management
measures set forth herein, the Grantees, or either of them, may conduct
such land management measures and lien the Restoration Areas for the
cost of maintaining the Restoration Areas pursuant to the land
management measures set forth herein. The County may pursue its rights
against the Grantor under the Stewardship Easement for breach thereof or
foreclose its lien on the Restoration Areas.
3 oJ 3
Agenda Item No. 17 A
February 9, 2010
Page 63 of 105
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(Sunniland Family SSA 12)
THIS STEWARDSHIP SENDING AREA CREDIT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into this ~ day of
r~'o~\I''''~ ' 2010, by and between COLLIER COUNTY, a political subdivision of the
State of lorida, hereinafter referred as "County" whose mailing address is the Harmon
Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and Sunniland Family
Limited Partnership, a Florida limited partnership, hereinafter individually and jointly
referred to as "Owner", whose mailing address is P.O. Box 930, Immokalee, Florida
34143-930, for the purpose of designating a "Stewardship Sending Area" ("SSA") on
certain lands belonging to Owner, eliminating land Use layers from said lands, and
assigning to Owner Stewardship Credits, all pursuant to Section 4.08.06 of the Collier
County land Development Code ("lDC").
WITNESSETH:
WHEREAS, Owner is the owner of approximately four thousand seven hundred
seventy-five and nine tenths (4,775.9) acres of land within the boundaries of the Rural
lands Stewardship Area Zoning Overlay District ("RlSA District") located in Collier
County, Florida, which land is the subject of a Stewardship Sending Area Application
(Application 2008-AR-13182) filed by Owner with Collier County, Florida; and
WHEREAS, Owner (or an affiliated entity) has submitted or intends to submit
applications to Collier County, South Florida Water Management District and the United
States Department of Army, Corps of Engineers for authorization to develop a project
on lands within the RlSA District;
WHEREAS, Owner has advised Collier County that the proposed project will be
developed consistent with the provisions of Section 4.08.07 of the Collier County land
Development Code, which will include the submittal of one or more Stewardship
Receiving Area (SRA) applications pursuant to Section 4.08.07 of the Collier County
land Development Code;
WHEREAS, in order to develop the proposed project in accordance with Section
4.08.07, Owner or its affiliate is required under Section 4.08.07 to exchange
Stewardship Credits granted under Section 4.08.06 for the additional residential or non-
residential entitlements necessary to develop the project as an SRA;
WHEREAS, Owner has requested that the four thousand seven hundred
seventy-five and nine tenths (4,775.9) acre parcel legally described in the attached
Exhibit "A" (hereinafter referred to as "Sunniland Family SSA 12") and depicted on
Exhibit "B" be designated as a Stewardship Sending Area in accordance with and
pursuant to Section 4.08.06 of the Collier County lDC to establish Stewardship Credits
for the entitlement of an SRA; and
Agenda Item No. 17 A
February 9, 2010
Page 64 of 105
WHEREAS, Owner has submitted, and the County has reviewed, a SSA
Designation Application filed with the County on April 10, 2008, for the Sunniland Family
SSA 12 land described in Exhibit "A"; and
WHEREAS, Collier County has reviewed the SSA Designation Application, along
with all support documentation and information required by Section 4.08.06 of the
Collier County LDC and determined that the Owner's application is legally sufficient and
should be granted; and
WHEREAS, the County and Owner have reached agreement concerning the
number of Stewardship Credits that are to be generated by the designation of the
Sunniland Family SSA 12 described in Exhibit "A" as an SSA, and the parties further
intend to specify the land uses that are eliminated from, and those land uses that
remain on, Sunniland Family SSA 12; and
WHEREAS, the County and Owner agree that this Agreement is in compliance
with and fully meets the requirements of the Collier County Growth Management Plan
and LDC and is of substantial benefit to the general public.
NOW THEREFORE in consideration of the above premises and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
and in further consideration of the mutual covenants contained herein, the parties agree
as follows:
1.
Land DesiQnated as SSA.
Sunniland Family SSA 12 as described in Exhibit "A", consisting of
approximately four thousand seven hundred seventy-five and nine tenths (4,775.9)
acres, is hereby designated a Stewardship Sending Area ("SSA"), and officially
designated as Sunniland Stewardship Sending Area 12 ("Sunniland Family SSA 12").
2.
Land Use Lavers.
The following Land Use Layers as described in the Land Use Matrix in
Section 4.08.06.8.4 of the Collier County LDC are hereby eliminated from and
prohibited within Sunniland Family SSA 12:
a. Within Sunniland Family SSA 12, Land Use Layers 1 - 6, inclusive, as
described in Section 4.08.06 8.4. of the LDC, are hereby eliminated on four
thousand seven hundred seventy-five and nine tenths (4,775.9), as depicted on
Exhibit "C". The remaining land use layer, Agriculture - Group 2, as depicted on
Exhibit "C," cannot be converted to Agriculture - Group 1 from and after the
designation of such land as an SSA.
2
Agenda Item No. 17 A
February 9,2010
Page 65 of 105
b. Within the four thousand seven hundred seventy-five and nine tenths
(4,775.9) acres of Sunniland Family SSA 12 wherein Land Use layers 1 - 6,
inclusive, are being eliminated, two thousand one hundred eighty two and nine
tenths (2,182,9) acres are hereby designated for restoration, and the Owner has
agreed to complete restoration improvements thereon which will satisfy the
eligibility requirements set forth in LOC Section 4.08.06.B.3.f.(5). Within the
areas designated for restoration, all natural areas shall be maintained in their
existing conditions until such time as restoration activities occur. Those areas
described as Flowway Restoration Areas are depicted on Exhibit "0" and
described on Exhibit "E."
c. The Owner reserves the right pursuant to Section 4.08.06 of the LOC to
amend this SSA in the future to remove one or more additional Land Use
Layers and/or for restoration activities in return for additional Stewardship
Credits. Nothing in this provision, Agreement, Stewardship Easement
Agreement or the County LOC shall preclude the Owner's right to remove one
or more additional Land Use Layers and/or restoration activities for use as
compensation, mitigation or conservation measures under any program
established by the County, state or federal statute, regulation or ordinance.
d. The County agrees that the removal of Land Use Layers to generate
Stewardship Credits under this Agreement does not preclude the use of such
removal as compensation, mitigation or conservation measures under any
program established by County, state or federal statute, regulation or
ordinance for activities conducted in a Stewardship Receiving Area utilizing the
Stewardship Credits generated through this Agreement. The County also
agrees that nothing in this Agreement, Stewardship Easement or County LOC
precludes the Owner's right to remove one or more additional Land Use
Layers and/or restoration activities for use as compensation, mitigation or
conservation measures under any program established by County, state or
federal statute, regulation or ordinance.
3.
Natural Resource Index Assessment.
A Natural Resource Index Assessment Worksheet ("Worksheet") for
Sunniland Family SSA 12 is attached to this Agreement as Exhibit "F", The Worksheet
quantifies the number of acres by Index Values, sets forth the level of conservation,
identifies the land designated for restoration, sets forth the restoration potential and
establishes the number of Stewardship Credits generated. The Worksheet also
quantifies the number of Early Entry Bonus Credits generated by the designation of
Sunniland Family SSA 12. The Worksheet separately sets forth the number of
stewardship credits authorized as a result of the Owner agreeing to undertake
restoration improvements; however the stewardship credits generated by said
restoration improvements are not available for utilization by Owner until such time as
the applicable success criteria as set forth herein have been satisfied. The total number
of Stewardship Credits hereby generated and assigned to Owner by this Agreement for
3
Agenda Item No. 17A
February 9, 2010
Page 66 of 105
Sunniland Family SSA 12 are twenty three thousand five hundred twelve and two tenths
(23,512.2) Stewardship Credits, of which fourteen thousand seven hundred eighty and
six tenths (14,780.6) are immediately available and may be sold, transferred, or
otherwise utilized by the Owner in accordance with Section 4.08.06 of the Collier
County LOC. The remaining eight thousand seven hundred thirty-one and six tenths
(8,731.6) Stewardship Credits will be available to Owner for use, sale, or transfer, all or
in part, as the success criteria for restoration improvements are met as set forth in the
Restoration Program which is attached hereto as Exhibit "G."
4.
Exchanoe Rate.
The Stewardship Credits generated and assigned for the establishment of
the SSA on Sunniland Family SSA 12 herein may be transferred to a Stewardship
Receiving Area (SRA) in exchange for the development of land at the rate of eight
stewardship Credits for the development of one acre of land in a SRA. Therefore, the
fourteen thousand seven hundred eighty and six tenths (14,780.6) Stewardship Credits
available now would allow Sunniland Family SSA 12 to entitle one thousand eight
hundred forty-seven and six tenths (1,847.6) acres for development within an SRA in
the Rural Land Stewardship Overlay District, and when available, the remaining eight
thousand seven hundred thirty-one and six tenths (8,731.6) Stewardship Credits would
allow Sunniland Family SSA 12 to entitle an additional one thousand ninety one and five
tenths (1,091.5) acres for development in an SRA.
5.
Land Manaoement Measures.
a. On lands within Sunniland Family SSA 12 on which Land Use Layers 1-6
have been eliminated and which are designated for restoration, land
management measures will consist of one or more of the following: brush
clearing, mechanical brush control ("chopping"), prescribed burning, other exotic
and nuisance species control, fence construction and maintenance, silvicultural
management, and ditch and ranch road maintenance, to maintain the land in its
existing condition prior to restoration commencement. All natural areas shall be
maintained in their existing natural condition until such time as restoration
activities occur.
b. On lands within Sunniland Family SSA 12 on which Land Use Layers 1-6
have been eliminated and on which Owner has agreed to undertake restoration
improvements, that is Flowway Restoration Area, there are additional land
management measures to be undertaken after the completion of said restoration
improvements. Those land management measures are specifically set forth in
the Restoration Program and are incorporated herein by reference.
c, Owner may utilize land management measures consistent with the
retained Land Use Layers within Sunniland SSA-12, including maintenance of
access roads and facilities that serve retained uses within Sunniland SSA-12 and
uses on adjacent lands, and below-ground oil and gas pipes and lines. Such land
4
Agenda Item No. 17 A
February 9, 2010
Page 67 of 105
management measures may include, without limitation, mowing and other exotic
and nuisance species control measures; access road construction and
maintenance; erection and maintenance of fencing and siltation devices and
other practices consistent with the land management measures specified herein.
6.
References.
The references herein to the LOC provIsions are those contained in
Section 4.08.06 of the Collier County LOC existing as of the date this Agreement
becomes effective and those provisions of the LOC shall control as to the rights,
obligations, implementation or interpretations of this Agreement and rights of Owner in
the Sunniland Family SSA 12, unless the Owner elects in writing that subsequently
enacted LOC provision may govern the provisions of this Agreement.
7.
Lavers Included.
The retention of any Land Use Layer also includes the retention of all
Land Use Layers that are less intensive in nature and that are listed below that Land
Use Layer (higher numbered layers) in Section 4.08.06 804. of the LOC, including the
retention of Conservation Restoration and Natural Resource uses as contained in the
Land Use Matrix contained in Section 4,08.06 SA.b. of the LOC.
8.
Restriction on Land Use Amendments.
Upon designation of the land described in Exhibit "A" as an SSA, the
Owner shall not seek or request, and the County shall not grant or approve, any
increase in the density or any additional uses beyond those specifically authorized in
this Agreement. Ninety-eight and five tenths percent (98.5%) of the lands subject to
this Agreement are within an HSA or FSA as depicted on the RLSA Overlay Map,
officially entitled "Collier County Rural and Agricultural Area Assessment Stewardship
Overlay Map". Upon designation of these lands as an SSA, the owner shall neither
seek nor request, and the County shall not in violation of Sections 4.08.06 A.2, and
3., thereafter grant or approve any expansion or conversion of agricultural uses.
Notwithstanding any condition herein to the contrary, this Agreement and the
Stewardship easement shall terminate five (5) years from its effective date unless the
Sunniland Family SSA 12 Stewardship Credits have by that date been exchanged for
entitlement of an SRA, and the SRA has received all necessary final and non-
appealable local, state and federal permits other than a plat, site development plan or
building permit, necessary to commence construction of the SRA. All affirmative
obligations and negative covenants contained in this Agreement and the Stewardship
Easement shall be null and void upon such termination without further action from the
parties hereto. Upon such termination the land shall revert to its underlying zoning
classification as of the date of this Agreement, free and clear of any encumbrance
from the Stewardship Easement. If requested by the Owner, Collier County shall
provide a written release and termination of this Agreement and the Stewardship
Easement for recording in the public records within fifteen (15) days of the request
5
Agenda Item No. 17A
February 9, 2010
Page 68 of 105
from the owner. Collier County shall update the overlay map to reflect the termination
of Sunniland Family SSA 12 or any SRA.
9.
Effectiveness.
This Agreement shall be effective upon its execution by both parties. The
terms, conditions, and obligations hereunder shall constitute covenants that run with the
land and may be enforceable by either party in the circuit courts for the 20th Judicial
Circuit in Collier County. In the event that either party hereto shall institute legal
proceedings in connection with or for the enforcement of this Agreement, the prevailing
party shall be entitled to an award of reasonable attorney's fees, costs and expenses, to
be taxed by a court of competent jurisdiction, which are directly related to any court trial
and appellate proceedings.
10, Easement Aqreement.
Attached hereto as Exhibit "H" is a copy of the Stewardship Easement
Agreement (without Exhibits) that will be executed by Owner and recorded by the
Escrow Agent in accordance with the terms of the Escrow Agreement executed
simultaneously with this Agreement. The Stewardship Easement Agreement grants a
perpetual easement in favor of Collier County and the Florida Department of Agriculture
and Consumer Services setting forth specific land management measures and the party
responsible for such measures for the Sunniland Family SSA 12 land described in
Exhibit "A" which is the subject of this Agreement.
11. FSAlHSA Lands.
Four thousand seven hundred six (4,706) acres of Sunniland Family SSA
12 are within a Habitat Stewardship Area (HSA) or Flowway Stewardship Area (FSA).
The HSA and FSA lands are depicted on Exhibit "I".
12. Successors and Assiqns,
As used in this Agreement the term "Owner" shall include the owner, its
successors and assigns of any of the Sunniland Family SSA 12 land described in
Exhibit "A"
13. Amendments.
This Agreement may only be amended by written agreement of all parties.
6
Agenda Item No. 17 A
February 9,2010
Page 69 of 105
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officers or representative and their official seals hereto
affixed the day and year first written above.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
WITNESS:
SUNNILAND FAMILY LIMITED
PARTNERSHIP, a Florida limited partnership
/ 'I
0iu.v,L)t.... ,..'.C(C" {"<.to
, -
(Signature) <./
By:
Its:
(Signat~Tl_
Wv'l~
(Print full name)
7
Agenda Item No. 17 A
February 9, 2010
Page 70 of 105
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Credit Agreement was executed before me this ,)'8' day of
~~ ,2010, by Aliese P. Priddy, Managing Member of Sunniland
Partners, L1.: ,a Florida limited liability company, general partner of Sunniland Family
Li' a ne , Florida limited partnership, on behalf of the company, who is
ersonally known to me r produced 'dentification.
WIWAM JACKOEIlPSEY
MY COMMISSION' DO 754172
EXPIRES: llIudI8. 2012
......1bru~~UndIIwIIn
Notary Public
Name:
Certificate No.
My Commission expires:
CP 12999 doc. 39
8
Agenda Item No. 17 A
February 9,2010
Page 71 of 105
SUNNILAND FAMILY SSA
12
CREDIT AGREEMENT
10
Agenda Item No. 17 A
February 9, 2010
Page 72 of 105
LIST OF EXHIBITS
Sunniland Stewardship Sending Area 12 Credit Agreement
Exhibit "A" Sunniland Family SSA 12 Land Legal Description
Exhibit "B" Sunniland Family SSA 12 (4,775.9 acre parcel) depicted on Map of SSA
Land
Exhibit "C" Retained land Uses
Exhibit "D" Restoration Area
Exhibit "E" Legal Description of SSA 12 Flowway Restoration Area
Exhibit "F" Natural Resource Index Assessment Worksheet
Exhibit "G" Sunniland Family SSA 12 Restoration Program
Exhibit "H" Stewardship Easement Agreement
Exhibit "I" FSA / HSA Lands
9
EXHIBIT A
11
Agenda Item No. 17A
February 9,2010
Page 73 of 105
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Agenda Item No. 17A
February 9,2010
Page 76 of 105
WilsqnMiller"
Legal Description
Of part of Sections 23-27 and Sections 34-36,
Township 48 South, Range 30 East,
Collier County, Florida.
(Stewardship Sending Area 12, Revised 01/20/2010)
All that part of Sections 23-27 and Sections 34-36, Township 48 South, Range 30 East,
Collier County, Florida and being more particularly described as follows:
Beginning at the Southeast comer of Section 36, Township 48 South, Range 30 East,
Collier County, Florida.
Thence North 89037'54" West along the south line of said Section 36 for a distance of
5,260.70 feet to the Southeast corner of Section 35, Township 48, Range 30 East,
Collier County Florida;
Thence South 89012'00" West along the south line of said Section 35 for a distance of
2,641.23 feet to the South Y. corner of said Section 35;
Thence continue South 8g007'44" West along said south line for a distance of 2,642.35
feet to the South east corner or Section 34, Township 48 South, Range 30 East, Collier
County, Florida;
Thence South 89006'03" West along the south line of said Section 34 for a distance of
2,641.41 feet to the South Y. corner of said Section 34;
Thence continue South 89006'34" West along said south line for a distance of 2,635.98
feet to the Southwest corner of said Section 34;
Thence North 22042'49" East a distance of 5,778.50 feet to a point on the south line of
Section 27, Township 48 South, Range 30 East, Collier County, Florida;
Thence leaving said south line North 22057'35" West for a distance of 3,855.59 feet;
Thence North 18012'30" East for a distance of 1,809.50 feet to a point on the south line
of Section 22, Township 48 South, Range 30 East, Collier County, Florida;
Thence North 89024'03" East along the south line of said Section 22, for a distance of
3,770.96 feet to the Southwest corner of Section 23, Township 48 South, Range 30
East, Collier County, Florida;
Thence North 01009'30" West along the west line of said Section 23, for a distance of
5,279.32 feet to the Northwest corner of said Section 23;
Thence North 89017'46" East along the north line of said Section 23, for a distance of
5,283.96 feet to the Northwest corner of Section 24, Township 48 South, Range 30
East, Collier County, Florida;
Thence North 89012'44" East along the north line of said Section 24, for a distance of
2,649.04 feet to the North Y. corner of said Section 24;
Thence leaving the north line of said Section 24 along the southerly boundary of those
lands described in official records book 3903, page 1536 for the following three (3)
courses:
1. South 00047'16" East for a distance of 110.00 feet;
2. North 89025'26" East for a distance of 2,449.05 feet;
3. North 00051'06" West for a distance of 119.24 feet to a point on the north line
of said Section 24, lying 200 feet west of the east line of said Section 24;
Thence North 88055'50" East along the north line of said Section 24 for a distance of
200.00 feet to the Northeast corner of said Section 24;
Thence South 00057'54" East along the east line of said Section 24 for a distance of
5,319.57 feet to the Northeast corner of Section 25, Township 48 South, Range 30
East, Collier County, Florida;
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Agenda Item No. 17 A
February 9, 2010
Page 77 of 105
Thence South 00"55'50" East along the east line of said Section 25 for a distance of
2,660.18 feet to the East Y. COrner of said Section 25;
Thence continue South 00"57'17" East along said east line for a distance of 2,649.72
feet to the Northeast cOrner of Section 36, Township 48 South, Range 30 East, Collier
County, Florida;
Thence South 00"56'47" East along the east line of said Section 36 for a distance of
2,663.16 feet to the East Y. cOrner of said Section 36;
Thence continue South 01 "20'28" East along said east line for a distance of 2,640.29
feet to the Southeast corner of Section 36, Township 48 South, Range 30 East, Collier
County, Florida and the POINT OF BEGINNING.
Containing 4,793.45 acres more or less.
lESS AND EXCEPTING THE FOllOWING DESCRIBED PARCEL 1;
All that part of Section 35, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southeast COrner of Section 34, Township 48 South;
Range 30 East, Collier County, Florida;
Thence North 39"24'43" East 1,913.15 feet to the POINT OF BEGINNING;
Thence North 47"25'02" West 254.89 feet;
Thence North 26"36'43" West 15.98 feet;
Thence North 35"50'23" East 332.75 feet;
Thence South 49"58'06" East 165.60 feet;
Thence North 26"59'47" East 91.11 feet;
Thence South 46"28'12" East 117.87 feet;
Thence South 17"06'29" West 68.99 feet;
Thence South 25"20'31" West 106.64 feet;
Thence South 44"59'59" West 265.42 feet to the POINT OF BEGINNING.
Containing 2.55 acres more or less.
ALSO lESS AND EXCEPTING THE FOllOWING DESCRIBED PARCEL 2;
All that part of Section 34, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southeast cOrner of said Section 34;
LEGAL DESCRIPTION
Thence North 12"06'45" West 1,970.05 feet to the POINT OF BEGINNING;
Thence North 89"22'27" West 771.23 feet;
Thence North 56"18'20" West 109.73 feet;
Thence North 00"00'00" East 131.88 feet;
Thence North 14"31'57" East 141.48 feet;
Thence North 27"18'02" East 176.95 feet;
Thence North 87"59'51" East 436.30 feet;
Thence South 89"06'21" East 6.43 feet;
Thence North 40"10'20" East 53.21 feet;
Thence South 50"47'07" East 59.09 feet;
Thence North 90"00'00" East 5.02 feet;
Thence North 87"59'47" East 197.88 feet;
Thence North 64"59'04" East 83.96 feet;
Thence North 49"23'50" East 194.45 feet;
Thence South 13"39'56" West 41.32 feet;
1(2012010.195781 . Vcr: 4 - JCSQlTY
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Agenda Item No. 17 A
February 9, 2010
Page 78 of 105
Thence South 27"12'55" West 90.63 feet;
Thence South 17"21'47" West 38.60 feet;
Thence South 37"24'07" West 98.55 feet;
Thence South 23'44'42" West 62.89 feet;
Thence South 34'30'45" West 89.41 feet;
Thence South 34'59'42" West 56.22 feet;
Thence South 41'49'18" West 58.69 feet;
Thence South 32'37'14" West 68.35 feet;
Thence South 27"53'30" West 44.30 feet;
Thence South 08'58'20" East 44.29 feet;
Thence South 36'01'31" East 31.31 feet;
Thence South 57"48'50" East 73.47 feet;
Thence South 60'20'08" East 42.33 feet to the POINT OF BEGINNING.
Containing 9.63 acres more or less.
ALSO LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL 3;
All that part of Section 34, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southwest Corner of said Section 34;
Thence North 45'50'21" East 5,414.39 feet to the POINT OF BEGINNING;
Thence North 33'22'03" West 118.93 feet;
Thence North 33'22'04" West 130.08 feet;
Thence North 56'34'27" East 303.88 feet;
Thence South 37"20'55" East 242.47 feet;
Thence South 55'18'18" West 192.42 feet;
Thence South 55'18'20" West 128.38 feet to the POINT OF BEGINNING.
Containing 1.76 acres more or less.
ALSO LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL 4;
All that part of Section 34, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southwest corner of said Section 34;
Thence North 34 '07'47" East 1,754.17 feet to the POINT OF BEGINNING;
Thence North 09'28'50" West 23.44 feet;
Thence North 08'07'36" West 27.24 feet;
Thence North 00'54'06" West 298.68 feet;
Thence South 74'03'51" East 34.83 feet;
Thence South 66'30'18" East 40.00 feet;
Thence South 64'26'39" East 32.08 feet;
Thence North 66'02'29" East 44.39 feet;
Thence North 79'49'06" East 46.03 feet;
Thence South 30'59'23" East 38.37 feet;
Thence South 02'27'09" East 52.12 feet;
Thence South 03'39'35" West 58.52 feet;
Thence South 02'43'50" West 57.61 feet;
Thence South 05'00'14" East 56.19 feet;
Thence South 01'38'58" West 51.37 feet;
Thence South 70'01'08" West 32.57 feet;
Thence North 90'00'00" West 38.27 feet;
112012010 - 195781 - Ve" 4 - JCSOITY
03312.c47-050 - - 0
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Agenda Item No. 17A
February 9,2010
Page 79 of 105
Thence South 63026'39" West 33.79 feet;
Thence South 63018'10" West 3.18 feet;
Thence South 21002'32" West 6.43 feet;
Thence North 77048'14" West 30.14 feet;
Thence North 90000'00" West 57.79 feet to the POINT OF BEGINNING.
Containing 1.48 acres more or less.
ALSO LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL 5;
All that part of Section 23, Township 48 South, Range 30 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the Southwest comer of said Section 23;
Thence North 33023'03" East 2,397.77 feet to the POINT OF BEGINNING:
Thence North 03010'09" West 5.22 feet;
Thence North 03010'46" West 185.33 feet;
Thence North 88005'21" East 152.26 feet;
Thence South 57"59'47" East 47.85 feet;
Thence South 19058'58" East 118.74 feet;
Thence North 87"42'22" East 126.90 feet;
Thence South 02051'44" East 229.96 feet;
Thence South 21056'30" West 7.49 feet;
Thence North 77"19'29" West 19.99 feet;
Thence North 90000'00" West 123.06 feet;
Thence North 80032'30" West 48.29 feet;
Thence North 45000'00" West 50.53 feet;
Thence North 38039'11" West 50.84 feet;
Thence North 42016'47" West 59.01 feet;
Thence North 55018'27" West 62.77 feet;
Thence North 56'56'57" West 11.04 feet to the POINT OF BEGINNING.
Containing 2.12 acres more or less.
Containing 4,775.91 net acres more or less.
Subject to easements and restrictions of record.
Bearings are based on the South line of said Section 36, being North 89'37'54" West.
Certificate of authorization #LB-43.
Wilson Miller, Inc.
Registered Engineers and Land Surveyors
...:...By:
Date 1- 20 - 2{)/O
nal Surveyor and Mapper #lS4493
112012010 - 195781 . Ver. 4. JCSOITY
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Agenda Item No. 17A
February 9, 2010
Page 80 of 105
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February 9, 2010
Page 82 of 105
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Agenda Item No. 17A
February 9,2010
Page 84 of 105
EXHIBIT 0
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Agenda Item No. 17 A
February 9,2010
Page 86 of 105
EXHIBIT E
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Agenda Item No. 17 A
February 9,2010
Page 88 of 105
DESCRIPTION OF LANDS
LYING WITHIN SECTIONS
23, 24, 25, AND 26
TOWNSHIP 48 SOUTH, RANGE 30 EAST
COLLIER COUNTY, FLORIDA
(STEWARDSHIP SENDING AREA 12 - FLOWWAY RESTORATION AREA 1)
STEWARDSHIP SENDING AREA 12 -FLOWWAY RESTORATION AREA 1
(403.48 ACRE PARCEL)
ALL THAT PART OF SECTIONS 23, 24, 25, AND 26, TOWNSHIP 48 SOUTH, RANGE 30
EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 23, TOWNSHIP 48 SOUTH,
RANGE 30 EAST, COLLIER COUNTY, FLORIDA.
THENCE CONTINUING NORTH 89017'46" EAST ALONG THE NORTH LINE OF SAID
SECTION 23 FOR A DISTANCE OF 2506.60 FEET TO THE POINT OF BEGINNING,
THENCE NORTH 89017'44" EAST ALONG THE NORTH LINE OF SAID SECTION 23 FOR A
DISTANCE OF 2059.58 FEET TO A POINT ON SAID NORTH LINE;
THENCE LEAVING SAID NORTH LINE IN STRAIGHT LINE VERTICES THROUGH THE
FOLLOWING 101 COURSES:
1. THENCE SOUTH 34034'45" EAST 66.20 FEET:
2. THENCE SOUTH 28016'38" EAST 1261.68 FEET;
3. THENCE SOUTH 06000'32" WEST 585.60 FEET;
4. THENCE SOUTH 01008'04" EAST 774.10 FEET:
5. THENCE SOUTH 04032'16" EAST 484.28 FEET;
6. THENCE SOUTH Or07'30" EAST 185.34 FEET;
7. THENCE SOUTH 08028'16" EAST 364.13 FEET:
8. THENCE SOUTH Or41'46" EAST 457.77 FEET:
9. THENCE SOUTH 16'30'16" EAST 215.79 FEET:
10. THENCE SOUTH 26"15'31" EAST 640.85 FEET:
11. THENCE SOUTH 2r27'04" EAST 498.68 FEET;
12. THENCE SOUTH 20048'24" EAST 614.81 FEET;
13. THENCE SOUTH 20016'57" EAST 563.69 FEET;
14. THENCE SOUTH 22006'34" EAST 198.51 FEET;
15. THENCE SOUTH 10"57'15" WEST 181.47 FEET;
16. THENCE SOUTH 43009'09" WEST 252.09 FEET;
17. THENCE SOUTH 63058'14" WEST 27502 FEET;
18. THENCE SOUTH 44"59'59" EAST 56.89 FEET;
19. THENCE SOUTH 14002'11" EAST 47.39 FEET;
20. THENCE SOUTH 29003'17" WEST 59.17 FEET:
21. THENCE SOUTH 28018'03" WEST 169.71 FEET:
22. THENCE SOUTH 32"54'18" WEST 57.59 FEET;
23. THENCE SOUTH 4r17'11" WEST 20.49 FEET;
24. THENCE SOUTH 14002'10" WEST 32.78 FEET;
25. THENCE SOUTH 15"25'19" EAST 95.66 FEET;
26. THENCE SOUTH 00"00'00" EAST 47.70 FEET;
27. THENCE SOUTH 29"03'18" WEST 32.74 FEET;
28. THENCE SOUTH 08019'32" WEST 65.88 FEET;
29. THENCE SOUTH 04"23'55" WEST 82.92 FEET;
30. THENCE SOUTH 06010'13" EAST 59.17 FEET;
31. THENCE SOUTH 20"33'22" EAST 54.34 FEET;
32. THENCE SOUTH 2r07'16" EAST 73.24 FEET;
---
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Agenda Item No. 17 A
February 9, 2010
Page 89 of 105
33. THENCE SOUTH 30"39'02" EAST 149.70 FEET;
34. THENCE SOUTH 30"29'00" EAST 260.14 FEET;
35. THENCE SOUTH 32"39'40" EAST 73.66 FEET;
36. THENCE SOUTH 21 "09'40" EAST 52.85 FEET;
37. THENCE SOUTH 18"26'06" EAST 40.22 FEET;
38. THENCE SOUTH 05"06'08" EAST 89.39 FEET;
39. THENCE SOUTH 09"27'45" EAST 96.71 FEET;
40. THENCE SOUTH 06"50'21" EAST 49.28 FEET;
41. THENCE NORTH 77"54'21" WEST 17.92 FEET;
42. THENCE NORTH 81"01'36" WEST 19.33 FEET;
43. THENCE SOUTH 77"54'15" WEST 14.39 FEET;
44. THENCE NORTH 58"34'13" WEST 21.20 FEET;
45. THENCE NORTH 36"52'09" WEST 15.07 FEET;
46. THENCE NORTH 21"15'02" WEST 19.41 FEET;
47. THENCE NORTH 18"26'07" WEST 15.89 FEET;
48. THENCE NORTH 25"20'46" WEST 21.13 FEET;
49. THENCE NORTH 11"18'36" WEST 20.49 FEET;
50. THENCE NORTH 31 "36'29" WEST 15.34 FEET;
51. THENCE NORTH 59"55'53" WEST 22.06 FEET;
52. THENCE NORTH 54"27'45" WEST 17.29 FEET;
53. THENCE NORTH 49"23'51" WEST 9.26 FEET;
54. THENCE NORTH 56"18'36" WEST 10.87 FEET;
55. THENCE NORTH 90"00'00" WEST 3.01 FEET;
56. THENCE SOUTH 86"38'00" WEST 17.11 FEET;
57. THENCE NORTH 90"00'00" WEST 16.08 FEET;
58. THENCE NORTH 70"33'33" WEST 18.11 FEET;
59. THENCE NORTH 74"28'35" WEST 18.77 FEET;
60. THENCE NORTH 90"00'00" WEST 10.05 FEET;
61. THENCE SOUTH 86"38'00" WEST 17.11 FEET;
62. THENCE SOUTH 51 "20'27" WEST 12.87 FEET;
63. THENCE SOUTH 36"52'09" WEST 15.07 FEET;
64. THENCE SOUTH 40"14'12" WEST 17.11 FEET;
65. THENCE SOUTH 19"26'26" WEST 18.12 FEET;
66. THENCE SOUTH 21"48'00" WEST 10.82 FEET;
67. THENCE SOUTH 03"56'44" WEST 29.21 FEET;
68. THENCE SOUTH 00"00'00" WEST 21.10 FEET;
69. THENCE SOUTH 02"36'10" WEST 22.13 FEET;
70. THENCE SOUTH 20"33'23" WEST 8.58 FEET;
71. THENCE SOUTH 16"41'55" WEST 10.49 FEET;
72. THENCE SOUTH 15"15'18" WEST 7.22 FEET;
73. THENCE NORTH 62"32'17"WEST 10.56 FEET;
74. THENCE NORTH 43"09'10"WEST 51.64 FEET;
75. THENCE NORTH 49"55'37" WEST 193.83 FEET;
76. THENCE NORTH 49"40'27" WEST 265.59 FEET;
77. THENCE NORTH 49"40'17"WEST 429.28 FEET;
78. THENCE NORTH 47"29'31" WEST 658.72 FEET;
79. THENCE NORTH 11"09'56" EAST 27.87 FEET;
80. THENCE NORTH 11 "09'56" EAST 96.80 FEET;
81. THENCE NORTH 56"18'36" WEST 42.44 FEET;
82. THENCE NORTH 41 "00'33" WEST 71.76 FEET;
83. THENCE NORTH 39"15'05" WEST 249.31 FEET;
84. THENCE NORTH 30"47'03" WEST 128.80 FEET;
85. THENCE NORTH 27"14'07" WEST 180.06 FEET;
86. THENCE NORTH 24"35'19" WEST 303.77 FEET;
87. THENCE NORTH 24"15'48" WEST 551.81 FEET;
88. THENCE NORTH 23"09'18" WEST 407.14 FEET;
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Agenda Item No. 17 A
February 9, 2010
Page 90 of 105
89. THENCE NORTH 22"44'06" WEST 693.50 FEET;
90. THENCE NORTH 25"20'46" WEST 958.38 FEET;
91. THENCE NORTH 13"52'39" WEST 670.93 FEET;
92. THENCE NORTH 10"13'20" WEST 474.97 FEET;
93. THENCE NORTH 00"00'00" EAST 228.67 FEET;
94. THENCE NORTH 11"27'51" WEST 99.73 FEET;
95. THENCE NORTH 05"29'01" WEST 506.88 FEET;
96. THENCE NORTH 07"31'28" WEST 619.36 FEET;
97. THENCE NORTH 05"50'50" WEST 181.78 FEET;
98. THENCE NORTH 06"51 '49" WEST 353.01 FEET;
99. THENCE NORTH 09"17'36" WEST 90.43 FEET;
100. THENCE NORTH 11"06'29" WEST 105.57 FEET;
101. THENCE NORTH 07"31'28" WEST 917.76 FEET TO
THE POINT OF BEGINNING.
PARCEL CONTAINS 403.47 ACRES MORE OR LESS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
BEARINGS ARE BASED ON THE ON THE SOUTH LINE OF SECTION 36, TOWNSHIP 48
SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA
,BEING NORTH 89"37'54" WEST
e;;.G Date ()/, L"; -2ND
\ J~,::raloneY, Profess' nal rveyor and Mapper #LS4493
WIL ," UER, INC. REGIS E ENGINEERS AND LAND SURVEYORS.
NOl_V ' 10 WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A
PROF€SSIONAL SURVEYOR AND MAPPER.
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Agenda Item No. 17A
February 9, 2010
Page 92 of 105
DESCRIPTION OF LANDS
LYING WITHIN SECTIONS
23, 24, 25, 35 AND 36
TOWNSHIP 48 SOUTH, RANGE 30 EAST
COLLIER COUNTY, FLORIDA
(STEWARDSHIP SENDING AREA 12 - FLOWWAY RESTORATION AREA 2)
STEWARDSHIP SENDING AREA 12 -FLOWWAY RESTORATION AREA 2
(1779.41 ACRE PARCEL)
ALL THAT PART OF SECTIONS 23,24,25,35, AND 36, TOWNSHIP 48 SOUTH, RANGE 30
EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 24, TOWNSHIP 48 SOUTH,
RANGE 30 EAST, COLLIER COUNTY, FLORIDA.
THENCE NORTH 89'12'44" EAST ALONG THE NORTH LINE OF SAID SECTION 24, FOR A
DISTANCE OF 2,649.04 FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 24;
THENCE LEAVING NORTH LINE OF SAID SECTION 24 ALONG THE SOUTHERLY
BOUNDARY OF LANDS DECRIBED IN OFFICAL RECORDS BOOK 3903, PAGE 1536 FOR
THE FOLLOWING THREE (3) COURSES:
1. THENCE SOUTH 00'47'16" EAST FOR A DISTANCE OF 110.00 FEET;
2. THENCE NORTH 89'25'26" EAST FOR A DISTANCE OF 2,449.05 FEET;
3. THENCE NORTH 00'51'06" WEST FOR A DISTANCE OF 119.24 FEET TO A POINT ON
THE NORTH LINE OF SAID SECTION 24 LYING 200 FEET WEST OF THE NORTHEAST
CORNER OF SAID SECTION 24 ;
THENCE NORTH 88"55'50" EAST ALONG THE NORTH LINE OF SAID SECTION 24 FOR A
DISTANCE OF 200.00 FEET TO THE NORTHEAST CORNER OF SAID SECTION 24;
THENCE SOUTH 00'57'54" EAST ALONG THE EAST LINE OF SAID SECTION 24 FOR A
DISTANCE OF 5,319.57 FEET TO THE NORTHEAST CORNER OF SECTION 25,
TOWNSHIP 48 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA;
THENCE SOUTH 00'55'50" EAST ALONG THE EAST LINE OF SAID SECTION 25 FOR A
DISTANCE OF 2,660.18 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 25;
THENCE CONTINUE SOUTH 00"57'17" EAST ALONG SAID EAST LINE FOR A DISTANCE
OF 2,649.72 FEET TO THE NORTHEAST CORNER OF SECTION 36, TOWNSHIP 48
SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA;
THENCE SOUTH 00'56'47" EAST ALONG THE EAST LINE OF SAID SECTION 36 FOR A
DISTANCE OF 2,663.16 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 36;
THENCE CONTINUE SOUTH 01'20'28" EAST ALONG SAID EAST LINE FOR A DISTANCE
OF 2,640.29 FEET TO THE SOUTHEAST CORNER OF SECTION 36, TOWNSHIP 48
SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA.
THENCE NORTH 89'37'54" WEST ALONG THE SOUTH LINE OF SAID SECTION 36 FOR A
DISTANCE OF 5,260.70 FEET TO THE SOUTHEAST CORNER OF SECTION 35 ,
TOWNSHIP 48, RANGE 30 EAST, COLLIER COUNTY FLORIDA;
THENCE SOUTH 89'12'00" WEST ALONG THE SOUTH LINE OF SAID SECTION 35 FOR A
DISTANCE OF 425.92 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 35;
THENCE LEAVING SAID SOUTH LINE IN STRAIGHT LINE VERTICES THROUGH THE
FOLLOWING 100 COURSES:
1. THENCE NORTH 67"04'50" EAST 115.05 FEET;
2. THENCE NORTH 60'04'07" EAST 225.02 FEET;
3. THENCE NORTH 37"24'19" EAST 126.46 FEET;
4. THENCE NORTH 04'28'02" EAST 379.35 FEET;
rvh,b,I-C
LR 0+ or
5. THENCE NORTH 06042'35" EAST 1,921.87 FEET;
6. THENCE NORTH OrOO'34" EAST 1,452.73 FEET;
7. THENCE NORTH 05038'18" EAST 2,304.09 FEET;
8. THENCE NORTH 01'53'14" EAST 797.76 FEET;
9. THENCE NORTH 04'59'08" EAST 125.45 FEET;
10. THENCE NORTH 01 '39'04" WEST 60.35 FEET;
11. THENCE NORTH 01'09'26" WEST 118.14 FEET;
12. THENCE NORTH 06'20'24" WEST 64.82 FEET;
13. THENCE NORTH 1r25,04" WEST 63.77 FEET;
14. THENCE NORTH 30018'10" WEST 106.40 FEET;
15. THENCE NORTH 29'29'35" WEST 302.92 FEET;
16. THENCE NORTH 25042'35" WEST 35.75 FEET;
17. THENCE NORTH 33'01'26" WEST 85.38 FEET;
18. THENCE NORTH 2r28'28" WEST 67.24 FEET;
19. THENCE NORTH 16"37'15" WEST 83.42 FEET;
20. THENCE NORTH 01"30'28" EAST 45.35 FEET;
21. THENCE NORTH Or25'53" EAST 55.35 FEET;
22. THENCE NORTH 11"35'31" EAST 47.50 FEET;
23. THENCE NORTH 15035'35" EAST 53.26 FEET;
24. THENCE NORTH 04"23'54" EAST 31.11 FEET;
25. THENCE NORTH 18"26'05" WEST 45.27 FEET;
26. THENCE NORTH 21 '30'05" WEST 42.32 FEET;
27. THENCE NORTH 00"00'00" EAST 32.21 FEET;
28. THENCE NORTH 15"56'44" EAST 34.74 FEET;
29. THENCE NORTH 46"13'09" EAST 39.66 FEET;
30. THENCE NORTH 43"52'35" EAST 43.03 FEET;
31. THENCE NORTH 51 "20'25" EAST 30.56 FEET;
32. THENCE NORTH 66"22'14" EAST 83.34 FEET;
33. THENCE NORTH 70"12'04" EAST 126.80 FEET;
34. THENCE NORTH 6r56'27" EAST 196.96 FEET;
35. THENCE NORTH 68"22'46" EAST 210.47 FEET;
36. THENCE NORTH 43"09'09" EAST 52.33 FEET;
37. THENCE NORTH 30'01'06" EAST 62.00 FEET;
38. THENCE NORTH 04"05'08" WEST 83.73 FEET;
39. THENCE NORTH 16"31'33" WEST 113.25 FEET;
40. THENCE NORTH 16006'49" WEST 111.77 FEET;
41. THENCE NORTH 18"16'21" WEST 133.18 FEET;
42. THENCE NORTH 18"26'06" WEST 264.09 FEET;
43. THENCE NORTH 18'34'09" WEST 161.10 FEET;
44. THENCE NORTH 12053'55" WEST 160.34 FEET;
45. THENCE NORTH 14"55'41" WEST 207.82 FEET;
46. THENCE NORTH 15"28'43" WEST 31.14 FEET;
47. THENCE NORTH 1 r28'29" WEST 235.25 FEET;
48. THENCE NORTH 1r51'36" WEST 87.32 FEET;
49. THENCE NORTH 22"37'51"WEST 183.58 FEET;
50. THENCE NORTH 2r17'59" WEST 80.54 FEET;
51. THENCE NORTH 26"00'51" WEST 107.38 FEET;
52. THENCE NORTH 26"45'39" WEST 60.50 FEET;
53. THENCE NORTH 29"15'44" WEST 136.02 FEET;
54. THENCE NORTH 32'11'45" WEST 265.17 FEET;
55. THENCE NORTH 34"06'51" WEST 34.58 FEET;
56. THENCE NORTH 22"17'27" WEST 80.34 FEET;
57. THENCE NORTH 22'34'08" WEST 160.00 FEET;
58. THENCE NORTH 25"46'55" WEST 85.59 FEET;
59. THENCE NORTH 25"32'30" WEST 131.04 FEET;
60. THENCE NORTH 23"33'47" WEST 228.68 FEET;
2 ['1.'" .b,'1-- 6"'
-=i- of q
Agenda Item No. 17 A
February 9, 2010
Page 93 of 105
Agenda Item No. 17 A
February 9, 2010
Page 94 of 105
61. THENCE NORTH 20029'46" WEST 40.73 FEET;
62. THENCE NORTH 14034'49" WEST 154.27 FEET;
63. THENCE NORTH 17"24'21" WEST 121.93 FEET;
64. THENCE NORTH 14011'27" WEST 41.43 FEET;
65. THENCE NORTH 00055'00" WEST 57.72 FEET;
66. THENCE NORTH 01027'00" WEST 36.49 FEET;
67. THENCE NORTH 05042'39" WEST 41.76 FEET;
68. THENCE NORTH 05021 '03" WEST 168.33 FEET;
69. THENCE NORTH 02015'38" WEST 70.23 FEET;
70. THENCE NORTH 02050'51" WEST 176.59 FEET;
71. THENCE NORTH 06029'38" WEST 57.16 FEET;
72. THENCE NORTH 16018'48" WEST 19.72 FEET;
73. THENCE NORTH 31049'37" WEST 15.76 FEET;
74. THENCE NORTH 25057'32" WEST 39.03 FEET;
75. THENCE NORTH 03040'05" WEST 36.09 FEET;
76. THENCE NORTH 03006'12" WEST 76.76 FEET;
77. THENCE NORTH 03010'47" WEST 83.24 FEET;
78. THENCE NORTH 00045'43" EAST 173.62 FEET;
79. THENCE NORTH 01004'43" WEST 220.74 FEET;
80. THENCE NORTH 01000'04" EAST 237.82 FEET;
81. THENCE NORTH 00048'58" WEST 324.15 FEET;
82. THENCE NORTH 02040'31" WEST 148.37 FEET;
83. THENCE NORTH 04051'52" EAST 43.56 FEET;
84. THENCE NORTH 00007'49" EAST 203.15 FEET;
85. THENCE NORTH 00033'29" WEST 142.21 FEET;
86. THENCE NORTH 02040'31" WEST 148.37 FEET;
87. THENCE NORTH 03056'43" EAST 40.26 FEET;
88. THENCE NORTH 03040'03" EAST 36.09 FEET;
89. THENCE NORTH 04029'04" EAST 47.24 FEET;
90. THENCE NORTH 03048'50"WEST 34.71 FEET;
91. THENCE NORTH 15049'57"WEST 32.15 FEET;
92. THENCE NORTH 26015'31" WEST 77.23 FEET;
93. THENCE NORTH 29046'25" WEST 114.36 FEET;
94. THENCE NORTH 27054'28" WEST 132.19 FEET;
95. THENCE NORTH 33041'23" WEST 29.96 FEET;
96. THENCE NORTH 32055'56"WEST 48.41 FEET;
97. THENCE NORTH 29034'40" WEST 98.22 FEET;
98. THENCE NORTH 29035'55" WEST 89.74 FEET;
99. THENCE NORTH 30'49'46"WEST 202.71 FEET;
1 00. THENCE NORTH 30037'15" WEST 345.01 FEET TO A POINT ON THE NORTH LINE OF
SECTION 23, TOWNSHIP 48 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA;
THENCE NORTH 89017'44" EAST ALONG THE NORTH LINE OF SAID SECTION 23 FOR A
DISTANCE OF 538.70 FEET TO THE NORTHWEST CORNER OF SECTION 24, TOWNSHIP
48 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA.
SAID POINT BEING THE POINT OF BEGINNING.
PARCEL CONTAINS 1,779.41 ACRES.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
BEARINGS ARE BASED ON THE ON THE SOUTH LINE OF SECTION 36, TOWNSHIP 48
SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA
BEING NORTH 89037'54" WEST, PER FLORIDA STATE PLANE COORDINATE SYSTEM,
FLORIDA EAST ZONE, NORTH AMERICAN DATUM 83.
3
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Agenda Item No. 17A
February 9, 2010
Page 95 of 105
FLOWWAY RESTORATION PARCEL 2 CONTAINS 1779.41 ACRES MORE OR LESS.
By:
Date 0 I . 7.-5'- /0
urveyor and Mapper #LS4493
-::
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WItS ILLER, INC. REGIS ENGINEERS AND LAND SURVEYORS.
NotVAtlD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A
~~EE.SSIONAL SURVEYOR AND MAPPER.
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Agenda Item No. 17 A
February 9, 2010
Page 96 of 105
EXHIBIT F
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Agenda Item No. 17 A
February 9, 2010
Page 98 of 105
Table 2
RESTORATION CREDIT CALCULATIONS
Table 3
STEWARDSHIP CREDITS GENERATED
". '11-
Base Credits 8956.8
Earty Entry Bonus Credits 1458.0
"R1" Restoration Credits 4365.8
"R2" Restoration Credits 8731.6
Total 23512.2
WiISl)nMiller
SSA 12 Credit Agreement
Exhibit F
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Agenda Item No. 17A
February 9, 2010
Page 99 of 105
EXHIBIT G
17
Agenda Item No. 17A
February 9,2010
Page 100 of 105
EXHIBIT GU
RESTORATION PROGRAM
1. The purpose of this Restoration Program is to identify the restoration
improvements, eligibility criteria, applicable success criteria, and land
management measures for Flowway Restoration Areas 1 and 2 of SSA 12. The
legal descriptions for these Restoration Areas can be found in Exhibit "E" of the
SSA 12 Stewardship Credit Agreement and Exhibit "D" of the SSA 12
Stewardship Easement Agreement.
a. Flowway Restoration Area 1 is approximately 403.5 acres in size and is
within the Okaloacoochee Slough FSA as delineated on the RLSA Overlay
Map. The restoration improvements will consist of hydrologic restoration
improvements that will reduce physical impediments to sheetflow and
functionally enhance the f1owway's natural hydrologic regime.
b. The hydrologic restoration improvements will consist of breaching and/or
partially removing berms to the natural grade of adjacent lands within
Flowway Restoration Area 1 (Credit Agreement Exhibit E), sufficient to re-
establish a natural flow regime. Grantor will design the location, size, and
number of berm alterations necessary to restore the natural flow regime,
while minimizing impacts to native tree species on the existing berms and
spoil piles. Where necessary, canals will also be partially filled to the
existing natural grade, and/or redirected to restore a more natural
sheetflow. SFWMD Big Cypress Basin shall determine if the Design is
adequate to restore the natural flow regime. Once the Design is
determined to be adequate, Grantor shall cause the restoration
improvements to be made.
c. The ecological restoration improvements within Flowway Restoration Area
1 shall consist of controlling exotic and nuisance vegetation (as currently
defined by the Florida Exotic Plant Pest Council) to levels less than 5%
area coverage. The primary exotic and nuisance species will be controlled
through a combination of mechanical removal, directed herbicide
applications, and controlled burning.
d. The applicant will notify staff when success criteria have been achieved.
Within 90 days of said notification, staff will confirm that the berms have
been breached and/or leveled, consistent with the Design, and that
ecological restoration improvements have met the minimum criteria listed
above. Upon said confirmation by County Staff, success criteria shall be
deemed to have been met, and the additional stewardship credits from
I /)1 3
e,
f.
g.
h.
Agenda Item No. 17A
February 9, 2010
Page 101 of 105
Flowway Restoration Area 1 shall be available for transfer or utilization by
Grarifor-- - - --- -----------
The land management measures for Flowway Restoration Area 1 shall be
to control exotics within the 403.5-acre restoration area.
Flowway Restoration Area 2 is approximately 1,779.4 acres in size and is
within the limits of the Okaloacoochee Slough FSA. The restoration
improvements will consist of: (1) hydrologic restoration improvements that
will increase the width of the flow way and functionally enhance the flow
way's natural hydrologic regime; (2) ecological restoration improvements
that will control exotic vegetation to improve ecological functions; and (3)
the supplemental planting of native species to restore habitats.
Supplemental plantings shall be reviewed by Collier County Environmental
Services staff. Restoring the field to a natural flow regime within the
Okaloacoochee Slough FSA will re-create historic sheetflow patterns
onsite and rehydrate areas south and southwest of the property.
The hydrologic restoration improvements will consist of breaching and/or
partially removing berms to the natural grade of adjacent lands within
Flowway Restoration Area 2 (Credit Agreement Exhibit E), sufficient to re-
establish a natural flow regime. Grantor will design the location, size, and
number of berm alterations necessary to restore the natural flow regime,
while minimizing impacts to native tree species on the existing berms and
spoil piles. Where necessary, canals will also be partially filled to the
existing natural grade, and/or redirected to restore a more natural
sheetflow. SFWMD Big Cypress Basin shall determine if the Design is
adequate to restore the natural flow regime. Once the Design is
determined to be adequate, Grantor shall cause the restoration
improvements to be made.
Ecological improvements within Flowway Restoration Area 2 shall consist
of controlling exotic and nuisance vegetation (as currently defined by the
Florida Exotic Plant Pest Council) to levels less than 5% area coverage.
The primary exotic and nuisance species will be controlled through a
combination of mechanical removal, directed herbicide applications, and
controlled burning, Exotic and nuisance species within the deeper portions
of Flowway Restoration Area 2, primarily primrose willow (Ludwigia
peruviana) and cattail (Typha spp.), may be excluded from intensive
control efforts due to the flowway water depths, equipment access, the
intensity of mechanical and/or chemical treatments necessary for control,
and potential environmental impacts.
The applicant will notify staff when success criteria have been achieved.
Within 90 days of said notification, staff will confirm that the berms have
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m.
Agenda Item No. 17A
February 9, 2010
Page 102 of 105
been breached and/or leveled, consistent with the Design, and that
ecological restorafiOri-im-provement5fiave meftne--minimum criteria listed
above, Upon said confirmation by County Staff, success criteria shall be
deemed to have been met, and the additional stewardship credits from
Restoration Area B shall be available for transfer or utilization by Grantor.
The land management measures for Flowway Restoration Area 2 shall be
to control exotics within the 1 ,779.4-acre restoration area.
The estimated annual costs of the land management measures for
Flowway Restoration Areas 1 and 2 are $8,000. Owner shall procure, at
its election, either a bond or letter of credit ("Surety") on an annual basis in
favor of the Grantees in an amount equal to 120% of the annual costs of
the land management measures. This obligation shall start 30 days after
Grantor has received notice from the County that any Stewardship Credits
from restoration improvements for SSA 12 restoration areas are available
and have been authorized, and the obligation shall end 10 years after the
start date, or at such date as a governmental entity or established
conservation organization undertakes the iand management measures.
In the event Grantor fails to maintain any of the Restoration Areas
according to the land management measures set forth herein, County
shall have the right to draw upon the Surety after 60 days written notice to
Grantor with a right to cure and a failure of Owner to undertake cure within
said 60 days. The County shall only be permitted to use the drawn Surety
funds for the maintenance of the Restoration Areas in accordance with the
land management measures set forth herein.
In the event the Grantor fails to annually provide the Surety and fails to
maintain the Restoration Areas pursuant to the land management
measures set forth herein, the Grantees, or either of them, may conduct
such land management measures and lien the Restoration Areas for the
cost of maintaining the Restoration Areas pursuant to the land
management measures set forth herein. The County may pursue its rights
against the Grantor under the Stewardship Easement for breach thereof or
foreclose its lien on the Restoration Areas.
3 01.3
EXHIBIT H
18
Agenda Item No. 17A
February 9, 2010
Page 103 of 105
Agenda Item No. 17A
February 9,2010
Page 104 of 105
EXHIBIT I
19
OSSA80unr:!lIJy
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000_0,200.8.0.9.1.5-i,6.2.2.2.3
00,2.0.300,9-1.0.1,6-1,1.2-3-24
D 03.04 C3 1.0.1.' .1.7.1,8.24,2.5
DO,4_0.5~1.1_12.1,e_1,9.2,5.20
00,5-0.6 liD 1.2.1,3 .1,11.2.0 .2-6-2,7
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00.1-0.8 .1,4.1.5 .2.1.2.2 . 2-6.2~
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A enda Item No. 17 A
ruary 9, 2010
P ge 105 of 105