Deed of Conservation Easement
MEMORANDUM
TO: Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
FROM: Toni A. Mott, Property Acquisition & Sales Manager
~state Services
DATE:
August 15, 2005
RE:
Vanderbilt Beach Parking Deck - Conservation Easement
Please find attached one (1) original Conservation Easement for the above referenced
project.
The Board of County Commissioners of Collier County, Florida approved the
recordation of same on July 26, 2005, Item 16D7.
Please contact me if you have any questions or comments at X8780.
Thank you.
Attachments as stated
cc: Tax Appraiser's Office w/attachment
Tax Collector's Office w/attachment
Inventory File w/attachment
L5
3669627 OR: 3857 PG: 1013
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
08/01/2005 at 03:00PM DWIGHT B. BROCK, CLBRK
RBC FBB 44.00
DOC-,70 .70
COPIES 15.00
MISC 3.00
Project: Vanderbilt Beach Parking Deck
Permit: 11-02410-P
Folio: 00168400005
Retn:
REAL BSTATB SBRVICBS
INTBROFFICB
ATTN: TONI BXT 8780
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT is given this d-{o~ day
of ,2005, by Collier County. a political subdivision of the State of
Florida clo ks and Recreation 3300 Santa Barbara Boulevard Na les FL 34116-
6601 ("Grantor") to the South Florida Water Management District ("Grantee"). As used
herein, the term Grantor shall include any and all heirs, successors or assigns of the
Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the
term Grantee shall include any successor or assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Collier County,
Florida, and more specifically described in Exhibit A attached hereto and incorporated
herein ("Property"); and
WHEREAS, the Grantor desires to construct The Vanderbilt Parkina Garaae
("Project") at a site in Collier County, which is subject to the regulatory jurisdiction of
South Florida Water Management District ("District"); and
WHEREAS, District Permit No. 11-02410-P ("Permit") authorizes certain activities
which affect surface waters in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve and/or mitigate
wetlands under the District's jurisdiction; and
WHEREAS, the Grantor has developed and proposed as part of the permit
conditions a conservation tract and maintenance buffer involving preservation of certain
wetland and/or upland systems on the Property; and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is
agreeable to granting and securing to the Grantee a perpetual conservation easement as
defined in Section 704.06, Florida Statutes (2000), over the Property.
NOW, THEREFORE, in consideration of the issuance of the Permit to construct
and operate the permitted activity, and as an inducement to Grantee in issuing the
Permit, together with other good and valuable consideration, the adequacy and receipt of
which is hereby acknowledged, Grantor hereby grants, creates, and establishes a
perpetual conservation easement for and in favor of the Grantee upon the Property which
shall run with the land and be binding upon the Grantor, and shall remain in full fOíce and
effect forever.
The scope, nature, and character of this conservation easement shall be as
follows:
1. It is the purpose of this conservation easement to retain land or water areas
in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and
to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or
upland areas included in the conservation easement which are to be enhanced or created
pursuant to the Permit shall be retained and maintained in the enhanced or created
conditions required by the Permit.
1 of 4
THIS CCNWVANeE APPROVED BY THE
80AAD OF COUNTY eot..GIOI--.
COLlIER 00lJNTY, FlORIDA,
PURIUANT to THE PRC:M8tON8
Of ~G£NÞ.fr :r:t£toI\!~
7 - Ll,-{}6
Standard Passive Recreation form - July, 2001
OR: 3857 PG: 1014
To carry out this purpose, the following rights are conveyed to Grantee by this
easement:
a. To enter upon the Property at reasonable times with any necessary
equipment or vehicles to enforce the rights herein granted in a manner that will not
unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the
time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent
with this conservation easement and to enforce the restoration of such areas or features
of the Property that may be damaged by any inconsistent activity or use.
2. Except for restoration, creation, enhancement, maintenance and monitoring
activities, or surface water management improvements, which are permitted or required
by the Permit, the following activities are prohibited in or on the Property:
a. Construction or placing of buildings, roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill,
or dumping or placing of trash, waste, or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation, except
for the removal of exotic or nuisance vegetation in accordance with a District approved
maintenance plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or
other material substance in such manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to
remain in its natural condition;
f. Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservation including, but
not limited to, ditching, diking and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or
water areas;
h. Acts or uses which are detrimental to the preservation of any
features or aspects of the Property having historical or archaeological significance.
3. Passive Recreational Facilities. Grantor reserves all rights as owner of the
Property, including the right to engage in uses of the Property that are not prohibited
herein and that are not inconsistent with any District rule, criteria, the Permit and the
intent and purposes of this Conservation Easement. Passive recreational uses that are
not contrary to the purpose o~ this conservation easement may be permitted upon written
approval by the District.
a. The Grantor may conduct limited land clearing for the purpose of
constructing such pervious facilities as docks, boardwalks or mulched
walking trails.
b. The construction and use of the approved passive recreational
facilities shall be subject to the following conditions:
i. Grantor shall minimize and avoid, to the fullest extent
possible, impact to any wetland or upland buffer areas within the
Standard Passive Recreation form - July, 2001
2 of 4
OR: 3857 PG: 1015
Conservation Easement Area and shall avoid materially diverting the
direction of the natural surface water flow in such area;
ii. Such facilities and improvements shall be constructed and
maintained utilizing Best Management Practices;
iii. This conservation easement shall not constitute permit
authorization for the construction and operation of the passive
recreational facilities. Any such work shall be subject to all
applicable federal, state, District or local permitting requirements.
4. No right of access by the general public to any portion of the Property is
conveyed by this conservation easement.
5. Grantee shall not be responsible for any costs or liabilities related to the
operation, upkeep or maintenance of the Property.
6. Grantor shall pay any and all real property taxes and assessments levied by
competent authority on the Property.
7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions
and restrictions of this conservation easement shall be borne by and recoverable against
the nonprevailing party in such proceedings.
8, Enforcement of the terms, provisions and restrictions of this conservation
easement shall be at the reasonable discretion of Grantee, and any forbearance on
behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by
Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder.
9. Grantee will hold this conservation easement exclusively for conservation
purposes, Grantee will not assign its rights and obligations under this conservation
easement except to another organization qualified to hold such interests under the
applicable state laws.
10. If any provision of this conservation easement or the application thereof to
any person or circumstances is found to be invalid, the remainder of the provisions of this
conservation easement shall not be affected thereby, as long as the purpose of the
conservation easement is preserved.
11 , 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.
12. This conservation easement may be amended, altered, released or revoked
only by written agreement between the parties hereto or their heirs, assigns or
successors-in-interest, which shall be filed in the public records in Collier County.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms,
conditions, restrictions and purpose imposed with this conservation easement shall be
binding upon Grantor, and shall continue as a servitude running in perpetuity with the
Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
Property in fee simple; that the Property is free and clear of all encumbrances that are
inconsistent with the terms of his conservation easement and all mortgages have been
joined or subordinated; that Grantor has good right and lawful authority to convey this
conservation easement; and that it hereby fully warrants and defends the title to the
conservation easement hereby conveyed against the lawful claims of all persons
whomsoever.
Standard Passive Recreation form - July, 2001
3 of 4
OR: 3857 PG: 1016
IN WITNESS WHEREOF the said Grantor has caused these presents to be
executed in its name by its Board of County Commissioners acting by the Chairman or
Vice Chairman of said Board, the day and year aforesaid.
ATTEST: . .' :',." . \~'~":":""
" ...... , ~..""... ¡."'.j "
DWIGHT:Ë.{;;a:ROeK;:~t;E~K
By: ~4f¡;jÆ;iji;! . Jx'J
~<>... '--'r\...,:,,>...:~
". ';'<I'Þh 1""~",'
Attest. IIstO"~1 t.........,;
s1~ ónl,. G~;Jr..:J,:>· ,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: '1uJ- W. ~
FRED W. COYLE, CHAI AN
~~ os to ,o"'ag01 suffici.ftC)
/ fA ~7 ~~
Assistant County Attorney
Ellln T. Chadwell
South Florida Water Management District
Legal Form Approved:
Date: July, 2001
Standard Passive Recreation form - July, 2001
4 of 4
lð~9 *** OR: 3857 PG: 1017 ***
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I' VANDERBILT BEACH 1-'- ...
I'll ,III PARKING GARAGE . FacllltJ.es Management
I. 11" II I II ~...~_..._.._._--_.._.~, 3301 Tamiami Trail E.
~ 'II! I! --
I CONSERVATION EASEMENT' Naples, FL 34112
PLAN I Phone (239) 774-8380
~._.._._.,~._~ _._--~....._--------------_._--_.._--'_.- .... -----.--.-
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