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Agenda 06/23/2009 Item #16A 4 Agenda Item No. 16A4 June 23. 2009 Page 1 of 23 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve an assignment of conservation easement agreement between the County and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the Florida Department of Environmental Protection relating to thirty-four (34) parcels owned by Estates at Twin Eagles, Ltd., (see attached severance application for parcels location specifics) to allow for the issuance of conveyance bonus credit applications specified by the Rural Fringe Mixed- Use Sub-District of the Future Land Use Element of the Growth Management Plan and Section 2.03.07.D.4 ofthe Land Development Code. OBJECTIVE: Request that the Board of County Commissioners (BCC) approve a proposed assignment agreement between the County and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the FIOlida Department of Environmental Protection (FDEP) relating to thirty-four (34) parcels owned by Estates at Twin Eagles, Ltd., (see attached severance application for parcels location specifics) to allow for the issuance of conveyance bonus credits specified by the Rural Fringe Mixed-Use Sub-District of the Future Land Use Element of the Growth Management Plan and Sections 2.03.07.D.4 and 2.03.08 of the Land Development Code. CONSIDERA TIONS: The Transfer of Development Rights (TDR) program within the Rural Fringe Mixed-Use District (RFMUD) which was first adopted into the Future Land Use Element of the Comprehensive Plan under Ordinance 2002-32, effective July 22, 2003. The implementing regulations of the Land Development Code were first adopted by Ordinance 2004-08, effective February 20, 2004. The Conveyance TDR Bonus is granted to those property owners who have already severed their base TDR credits and have an approved Restoration and Perpetual Management Plan and then convey the property to a local, state, or federal government agency by gift. A TDR bonus is granted at a rate of 1 dwelling unit per 5 acres (0.2 du/ac.) or legal non-conforming lot/parcel of record for such conveyance. As noted to be eligible for the TDR Conveyance Bonus a parcel must have already severed its base credit and to do so comply with Section 2.03.07.D.4.b.vii.h of the LDC, property owners must encumber their parcel with a TDR Conservation Easement. This aspect of the TDR program had caused an issue with conveying properties to the State of Florida. The State will only receive properties through conveyance that are free and unencumbered of liens or restrictions. To address this issue and allow for properties to be conveyed to the State of Florida, Staff in conjunction with the County Attorney's Office created the assignment agreement. FDEP acknowledges that the proposed assignment agreement is sufficient for the State to accept the conveyance of lands subject to the existing Conservation Easement in accordance with the Collier County Transfer of Development Rights program. The Agreement assigns the County's interest in the Conservation Easement to the State. This will ensure that the basic element of the Rural Fringe TDR program (limiting development on environmentally sensitive land) would remain Agenda Item No. 16A4 June 23, 2009 Page 2 of 23 intact. On October 28, 2008, the BCC through public hearing authorized the signature for the first assignment agreement for sending land properties to be conveyed to the Florida Department of Environmental Protection and established the precedent for such conveyance procedures. This request is compliant with the established conveyance process. As noted, an approved Restoration and Maintenance Plan (third bonus TOR credit) must be in place before the applicant can receive the Conveyance Bonus TOR credit. The properties sit in the South Belle Meade Sending Area of the Rural Fringe which is covered by the approved Picayune Strand Management Plan. The approved Management Plan allows the property owner to utilize the Restoration and Maintenance bonus credit provided for within the Rural Fringe Sub-District regulations and thus eligible for the conveyance bonus. FISCAL IMPACT: There is no quantifiable fiscal impact associated with this issue other than the Clerk of Courts fees associated with recording the assignment agreement. GROWTH MANAGEMENT PLAN (GMP) IMPACT: The ability of property owners to exercise the full complement of TDR credits available within the Rural Fringe Mixed Use Sub-district is provided for with the BCC Chairman's signature of the assignment agreement for the thirty-four (34) properties within the Sending Lands to be conveyed to the FDEP. LEGAL CONSIDERATIONS: The TOR conservation easement satisfies the requirement of the Transfer of Development Rights program contained in Sections 2.03.07.D.4.f. of the Land Development Code that requires a legal instrument to be recorded that limits the allowable uses on the property after severance of TOR credits. The State of Florida is not willing to take fee simple title to the property subject to the easement or any limitations on the use of the land. The proposed assignment will terminate the easement because when the State of Florida becomes the record owner of the property and the holder of the easement, the easement will be extinguished by operation of law. The Board of County Commissioners may approve the Assignment Agreement by majority vote. This item is not quasi-judicial, and as such ex parte disclosure is not required. This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. STW RECOMMENDATION: Staff requests that the BCC approve and authorize the chairman to sign the assignment agreement for the Estates at Twin Eagles, Ltd. properties within the Rural Fringe Sending Lands proposed to be conveyed to the FDEP. PREPARED BY: Leslie Persia, Senior Planner, Comprehensive Planning Department Item Number: Item Summary: Meeting Date: Page I of 2 Agenda Item No. 16A4 June 23, 2009 Page 3 of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16M Request that the Board of County Commissioners (BCC) approves a proposed assignment agreement between the County and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the Florida Department of Environmental Protection (FDEP) relating to thirty-four (34) parcels owned by Estates at Twin Eagles, Ltd., to allow for the issuance of conveyance bonus credits specified by the Rural Fringe Mixed-Use Sub-District of the Future Land Use Element of the Growth Management Plan and Sections 2.03.07.D.4 and 2.03.08 of the Land Development Code. 6/23/2009 900:00 AM Prepared By Leslie Persia CDES Senior Planner Date Comprehensive Planning 5/27/20094:13:48 PM Approved By Mike 80si, AICP Community Development & Environmental Services Principal Planner Date Zoning & Land Development Review 5/27/20094:15 PM Approved By Randall J. Cohen Community Development & Environmental Services Comprehensive Planning Department Director Date Comprehensive Planning 5/28/2009 8:41 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 6/1/200910:41 AM Approved By Steven Williams Attorney's Office Assistant County Attorney Attorney's Office Date 6/8/200912:45 PM Approved By Jeff Klatzkow County Attorney County Attorney County Attorney Office Date 6/11/2009 1 :24 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 6/11/20092:37 PM Approved By OM8 Coordinator County Manager's Office OMB Coordinator Date Office of Management & Budget 6/11/20094:10 PM Approved By Mark Isackson Budget Analyst Date file://C:\AgendaTest\Export\132-June%2023, %202009\ l6.%20CONSENT%20AGENDA \1... 6/17/2009 Page 2 of2 Agenda Item No. 16A4 June 23, 2009 Page 4 of 23 County Manager's Office Office of Management & Budget 6/12/2009 12:28 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 6/12/20098:53 PM file://C:\Agenda Test\Export\ 1 32-June%2023. %202009\ 16.%20CONSENT%20AGENDA \ 1... 6/17/2009 Agenda Item No. 16A4 June 23, 2009 Page 5 of 23 j This instrument prepared by and return to: Daniel E. Manausa, Esquire SMITH, THOMPSON, SHAW & MANA USA, P. A. 3520 Thomasville Road, 41h floor Tallahassee, FL 32309-3469 STSM #DEP-614 ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT is made and entered into this t.P day of r11A-Y ,2009, between COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as " Assignor") whose address IS , the BO.t\RD OF TRUSTEES OF THE INTER.:'lAL IMPROVEJ\.fENT TRUST FUND OF THE ST ATE OF FLORIDA, whose address is clo Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, At M.S. 115, Tallahassee, Florida 32399-3000, (bereinafter referred to as "Assignee"), and THE EST1\. TES AT TWINEAGLES, LTD., a Florida limited partnersbip, \vhose address is (hereinafter referred to as "Property OVvncr"). RECITALS WHEREAS, Collier County established a program for the protection of wildlife and their habitats by adopting a protection program into its Growth Management Plan and implementing land development regulations; and WHEREAS, pursuant to the Future Land Use Element of the Growth Management Plan and Section 2.03.08 of the Land Development Code, a program was adopted establishing sending and receiving areas in a tramfer of development rights program. Sending lands are of higher environmental quality and as such worthy of protection, while rt;r.;eiving lands are of lesser environmental importance and as such are suitable for development; and - Page 1 of I I Agenda Item No. 16A4 June 23,2009 Page 6 of 23 e WHEREAS, the subject site pursuant to the Land Development Code and Gro\.\1h Management Plan has been deemed to be sending lands due to the higher environmental values on-site; and WHEREAS, Property Owner owns the property described in Exhibit "A" attached hereto ( "the Property"); and WHEREAS, Property Owner's predecessor in title placed "fiR Conservation Easements in favor of the County across its property. Said easements have the effect of limiting the property ovm~r's development options and the development potential of the subject properties; and WHEREAS, the Assignee is interested in protecting certain properties In Southwest Florida as much as possible, including the subject pa:cels; and - WHEREAS, the Assignee is interested in accepting the donation of the subject property but prefers to acquire property unencumbered by rights in favor of third persons as caused by tl-te property owner's TDR Conservation Easements; and WHEREAS, the County has an interest m the subject tract of land being protected and is willing to assign its interest in and to the TDR Conservation Easements to Assignee upon its ",cceptance of the donation ofrhe property, to assist ill achieving this purpose. NOW, THEREFORE, in consideration of ten dollars and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the panics agree as follows: 1. /~.ssignor docs hereby assign to Assignee any and all right, title and interest it has or may have pursuant to that certain Collier COUIlty TUR Conserva.tion Easement granted by George D. Thomson, Trustee Gnder Land Trust Agreement dated JWle 23,2004 to Collicr County, Florida, a political subdivision of the State of Florida, dated July 21, 2006, recorded August 31, 2006, in Official Records Book 4097, Page: 2423, of the Public Records of Collier Coumy, Florida. - Page 2 of 11 .- j At - Agenda Item No. 16A4 June 23, 2009 Page 7 of 23 2. Assignor does hereby assign to Assignee any and all right, title and interest it has or may have pursuant to that certain Collier County TDR Conservation Easement granted by George D. Thomson, Trustee Under Land Trust Agreement dated June 23, 2004 to Collier County, Florida, a political subdivision of the State of Florida, dated July 21, 2006, recorded September 25, 2006, in Official Records Book 4110, Page 3498, of the Public Records of eo iller County, Florida. Assignor does hereby assign to Assignee any and all right, title and interest it has or may have pursuant to that certain Collier County fiR Conservation Easement granted by George D. Thomson, Trustee Under Land Trust Agreement dated June 23,2004 to Collier County, Florida, a political subdivision of the State of Florida, dated July 21, 2006, recorded September 25, 2006, in Official Records Book 4110, Page 3551, of the Public Records of Collier County, Florida. Assignor does hereby assign to Assignee any and all right, title and interest it has or may have pursuant to that certain Collier County TDR Conservation Easement granted by George D. Thomson, Trustee Under Land Trust Agreement dated June 23, 2004 to Collier COllnty, Florida, a political subdivision of the State of Florida, dated July 21, 2006, recorded September 25. 2006, in Official Records Book 4110, Page 3572, of the Public Records of Collier County, Florida. Assignor doc.;; hereby assign to Assignee any and all right, title and interest it has or may have pursuant to that certain Collier County mR Conservation Easement granted by George D. Thomson, Trustee Under Land Trust Agreement dated June 23, 2004 to Collier County, Florida, a political subdivision of the State of Florida, dated July 21, 2006, recDrded September 25, 2006, in Official Records Book 4] 10, Page 3584, of the Public Records ofeollier County, Florida. Assignor does hereby assign to Assignee any and all right, title and interest it has or may have pursuant to that certain Collier County TDR Conservation Easement granted by George D. Thomson, Trustee Under Land Trust Agreement dated June 23,2004 to Collier County, Florida, a political subdivision of the State of Florida, dated July 21, 2006, recorded September 25, 2006, in Official Records Book 4110, Page 3757, of the Public Records of Collier County, Florida. 3. 4. 5. 6. Page 3 of 11 e e - Agenda Item No. 16A4 June 23,2009 Page 8 of 23 7. Assignor does hereby assign to Assignee any and all right, title and interest it has or may have pursuant to that certain Collier County TDR Conservation Easement granted by George D. Thomson, Trustee Under Land Trust Agreement dated Jooe 23, 2004 to Collier County, Florida, a political subdivisioll of the State of Florida. dated July 21. 2006, recorded September 25, 2006, in Official Records Book 4110, Page 3783, of the Public Records ofeaHier County, Florida. Assignor does hereby assi.gn to Assignee any and all right, title and interest it has or may have pursuant to that certain Collier County TDR Conservation Easement granted by GeOige D. Tnomson, Trustee Under Land Trust Agreement dated June 23,2004 to Collier County, Florida, a political subdivision of the State of Florida, dated July 21, 2006, recorded OCLober 2, 2006, in Official Records Book 41 l4, Page 3453, of the Public Records of Collier County, Florida. Assignor does hereby assign to Assignee any and all right, title and interest it has or may have pursuant to that certain Collier County TDR Consen:ation Easement granted by George D. Thomson, Trustee Under Land Trust Agreement daled June 23, 2004 to Collier County, Florida, a political subdivision of the State of Florida, dated July 2], 2006, recorded October 2,2006. in Official Records Book 4114, Page 3591, of the Public Records of Collier County, Florida. Assignor does hereby assigr: to Assignee any and all right, title and interest it has or may have pursuant to that certain Collier County TDR Conservation Easement granted by George D. Thomson, Trustee Under Land Trust Agreement dated June 23, 2004 to Collier County, Florida, a political subdivision of the State of florida, dated July 21, 2006, recorded October 2, 2006, in Official Records Book 4114, Page 3667, of the Public Records of Collier County, Florida. Assignor does hereby assign to Assignee any and all right, title and interest it has or may have pursuant to that certain Collier County TDR Conservation Easement granted by George D. Thomson, Trustee Under Land 'I'ru.<;t Agreement dated June 23,2004 to Collier County, Florida, a political subdivision of the State of Florida, dated July 21, 2006, recorded October 2, 2006, in Official Records Book 4114, Page 3679, of the Pubiic Records of Collier County, Florida. 8. 9. 10. 11, Page 4 of 11 Agenda Item No. 16A4 June 23, 2009 Page 9 of 23 .J 12. Assignor does hereby assign to Assignee any and aU right. title and interest it has or may have pursuant to that certain Collier County TDR Consc.rvation Easement granted by George. D. Thomson, Trustee Under Land Trust Agreement dated June 23,2004 to Collier County, Florida, a political subdivision of the State of Florida, dated July 21, 2006, recorded October J, 2006, in Official Records Book 4115, Page 2702, of the Public Records of Callier County, Florida. 13. Assignor does hereby assign to Assignee any and all right, title and interest it has or may have pursuant to that certain Collier County TDR Conservation Easement granted by George D. Thomson, Trustee Under Land Trust Agreement dated June 23,2004 to Collier County, Florida, a political subdivision of the State of Florida, dated July 21, 2006, recorded October 3, 2006, in Official Records Book 4115. Page 2711, of the Public Records of Collier County, Florida. 14. Assignor does hereby assign to Assignee any and all right, title and interest it has or may have pursuant to that certain Collier County TDR Conservation Easement granted by George D. Thomson, Trustee Under Land Trust Agreement dated June 23,2004 to Collier County, Florida, a political subdivision o[the State of Florida, dated September 21, 2006, recorded November 13, 2006, in Official Records Book 4136, Page 3994, of the Public Records of Collier County, Florida. 15. Assignor does hereby assign to Assignee any and all right, title and interest it has or may have pursuant to that certain Collier County TDR Conservation Easement granted by George D. Thomson, Trustee Under Land Trust Agreement dated June 23,2004 to Collier County, Florida, a political subdivision of the State of Florida, dated October 31, 2006, recorded November 15, 2006, in Official Records Book 4139, Page 0320, of the Public Records ofeollier County, Florida. 16. Assignor does hereby assign to Assignee any and all right, title and interest it has or may have pursuant to that certain Collier County TDR Conservation Easement granted by George D. Thomson, Trustee Under Land Trust Agreement dated June 23,2004 to Collier County, Florida, a political subdivision of the State of Florida, dated November lS, 2006, recorded November 15, 2006, in Official Records Book 4139, Page 0329, of the Public Records of Collier COtuIty, Florida. At e Page 5 of 11 -- - e Agenda Item No. 16A4 June 23, 2009 Page 10 of 23 17. Assignor does hereby assign to Assignee any and ail right, title and interest it has or may have pursuant to that certain Collier County TDR Conservation Easement granted by George D. Thomson, Trustee Under Land Trust Agreement dated June 23, 2004 to Collier County, Florida, a political subdivision of the Slate of Florida, dated Novembt:r 15, 2006, recorded December 11, 2006, in Official Records Book 4151, Page 1750, of the Public Records of Collier County, Florida. Assignor does hereby assign to Assignee any and all right, title and interest it has or may have pursuant to that certain Collier County TDR Conservation Easement granted by George D. Thomson, Trustee Under Land Trust Agreement dated June 23, 2004 to Collier County, Florida, a political subdivision of the State of Florida, dated September 21, 2006, recorded December 11, 2006, in Offici.al Records Book 415 l, Page 1886, of the Public Records of Collier County, Florida. Assignor does hereby assign to Assignee any and all right, title and interest it has or may have pw'suant to that certain Collier County TDR Conservation Easement granted by George D. Thomson, Tmstee Under Land Trust Ab'Teement dated June 23, 2004 to Collier County, Florida, a political subdivision of the State of Florida. dated November 15, 2006, recurded December 11, 2006, in Official Records Book 415 l, Page 1905, of the Public Records of Collier County, Florida. Assignor does hereby assign to Assignee any and all right, title and interest it has or may have pursuant to thut c:::nain Collier County TDR Conservation Easement granted by George D. Thomson, Trustee Under Land Trust Agreement dated June 23, 2004 to Collier County, florida, a poliLical subdivision of the State of Florida, dated November 10, 2006, recorded December 21, 2006, in Official Records Book 4157, Page 3570, of the Public Records of Collier County, Florida Assignor does hereby assign to Assignee any and all right, title and interest it has or may have pursuant to that ci::rtain Collier County TDR Conservation Eas:;;ment granted by George D. Thomson, Trustee Under Land Trust Agreement dated June 23,2004 to CoBier County, Florida, a political subdivision of the State of Florida, dated November 16, 2006, recorded December 21, 2006, in Official Records Book 4157, Page 3578, oflhe Public Records of Collier County, Florida. 18. 19. 20. 21. Page 6 ur 11 Agenda Item No. 16A4 June 23, 2009 Page 11 of 23 ~ 22. Assignor does hereby assign to Assignee any and all right, title and interest it has or may have pursuant to that certain Collier County TDR Conservation Easement granted by George D. Thomson, Trustee Under Land Trust Agreement dated June 23. 2004 lo Collier COWlty, Florida, a political subdivision of the State of Florida, dated December 21,2006, recorded December 21, 2006, in Official Records Book 4157, Page 3591, of the Public Records of Collier County, Florida. 23. Assignor does hereby assign to Assignee any and all right, title and interest it has or may have pursuant to that certain Collier County TDR Consel'V'dtion Easement granted by George D. Thomson, Trustee Under Land Trust Agreement dated June 23,2004 to Collier County, Florida, a political subdivision ofthe State of Florida, dated October 26, 2006, recorded December 21, 2006, in Official Records Book 4l57, Page 3600, of the Public Records of Collier County, Florida. 24. Assignor does hereby assign to Assignee any and all right, title and interest it has or may have pursuant to that certain Collier County TOR Conservation Easement granted by George D. Thomson, Trustee Under Land Trust Agreement dated June 23, 2004 to Collier County, Florida, a political subdivision of the State of Florida, dated July 21,2006, recorded January 12,2007, in Official Records Book 4168, Page 2430; Te-recorded January 29, 2007, in Official Records Book 4175, Page 635, both ofllie Public Records ofeallier COurlty, FIQrida. 25. Assignor tmderstands and agrees that the interest assigned herein, by operation of law, will merge into and become a part of Assignee's title to the subject property, and the subject property is no longer subject to the requirements or restrictions a~ described in Collier County Grov.th Management Plan and Section 2.03.08 of the Collier County Land Development Code, or the terms of the recorded TDR Collier County Conservation Easements described above. 26. The Assignee is acquiring the subject properlY for the purposes of conservation and preservation pursuant to Article X, section J 8, Florida Constitution, and chapters 253 and 259, Florida Statutes. .~ e Page 7 of 11 -- . - Agenda Item No. 16A4 June 23, 2009 Page 12 of 23 27. Ibis assignment is without recourse against County. IN WITNESS WHEREOF, the undersigned has set its hand and seal the date and year first written above. SIGNED IN COUNTERPARTS ASSIGNOR Signed, sealed and delivered in the presence of: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY By: DONNA FIALA, CHAIRMAN (Signature of First Witness) (printed Name of First Witness) (Official Seal) (Signature of Second Witness) (printed Name of Second Witness) ArrEST: DWIGHT E. BROCK, Clerk 'r By: Signature of Deputy Clerk Printed Name of Deputy Clerk Page 8 of 11 ~ .~ -- Agenda Item No. 16A4 June 23, 2009 Page 13 of23 STATE OF FLORlDA COUNTY OF COLLIER The foregoing instrwnent was acknowledged before me this _ day of , 2009, by Donna Fiala, as Chairman of the Board of County Commissioners of Collier County, Florida, on behalf of said board. He is personally known to me. (NOTARY PUBLIC SEAL) Notary Public (Printed or Stamped Name of Notary Public) Commission No.: My Commission Expires: STATE OF FLORlDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this _ day of . 2009, by , as Deputy Clerk of Collier County, Florida, on behalf of the Clerk, Collier County, Florida. He/she is personally known to me. (NOTARY PUBLIC SEAL) Notary Public (printed or Stamped Name of Notary Public) Commission No.: My Commission Expires: Approved as to fonn and legal sufficiency: Steven T. Williams Assistant County Attorney Page 9 of 11 Agenda Item No. 16A4 June 23, 2009 Page 14 of 23 e ASSIGNEE Signed, sealed and delivered in the presence of: BOARD O'F TRUSTEES OF THE INTERNAL II\tIPROVEM:ENT TRUST FUND OF THE STATE OF'j<'LORIDA By: Deborah D. Poppell, Director Division of State Lands, Department of Environmental Protection, as agent for and on behalf of the Board or Trustees of the Internal Improvement Trust Fund of the State of Florida (Signature of First Witness) (printed Name of First Witness) (Signature of Second 'Witness) (Printed Name of Second Witness) - STATE OF FLORIDA COUNTY OF LEON The foregoing instrument \,vas acknowledged before me this __ day of , 2009, by Deborah D, Poppell, Director, Division of State Lands, Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is pcrsonalIy knOVvn to me. (NOT ARY PUBLIC SEAL) Notary Public (Printed or Stamped Name of Notary Public) Commission No.: My Commission Expires: Approved as to Form and Legality By: Wiiliam C. Robinson, Jr, Senior Arramey Dare: e Page lO of 11 ~ At - Agenda Item No. 16A4 June 23, 2009 Page 15 of 23 PROPERTY OWNER Signed, sealed and delivered in the presen THE ESTATES AT TWINEAGLES, LTD.? a Florida limited partnership By: RCprrE MANAGEMENT,LLC, a Florida limited liability company As Its: General Partner By: RESOURCE CONSERVATION PROPERTIES, INC, a Florida corporation As : Managing Member Signa: $A.,,\{ IJ. R.DOOk)S Printed name of First Witness ~~_6r~ ~ (SIgnature 0 . . 'ceon Itness) ~ B!': LJ~IYN/E rHI,vp€:S Printed name of Second Witness STATE OF FLORIDA COUNTY OF Lu- ~ The foregoing instrument was acknowledged before me this ",.-.f- day of 0:1 __,2009, by Katherine C. Green, as President of Resource Conservation Properties, Inc., a Florida corporation, which corporation is acting in its capacity as the Managing Member of RCPITE Management, LLC, a Florida limited liability company, which limited liability company is acting in its capacity as the General Partner of The Estates at TwinEagles, Ltd., a Florida limited partnership, on behalf of said limited partnership. She: is personally known to me (NOTARY PUBLIC SEAL) NO~~ - - - 4. IALLY l. 8lACttMORE Sally L. Blackmore "'*" PuIllIc: . SbIte of FIonA . ..' MrCl..-L.111J'1Jl'I EIpiNtSlp21.2012 (printed or Stamped Name of Notary Public) ClIIIIlISlIIlOlI . 00 790IU Commission No.: -:J>~ i q IS lC i "3 ......'DIIaufl~NCiIIJMII. ~y Cornmission Expires: ~~ d\ I :.lor':2- Page 11 of 11 Agenda Item No, 16A4 June 23, 2009 Page 16 of 23 ". - EXHIBIT "A" Parcel 1 (fr.Jrcia) The East Half of the Northeast Quarter of the Northeast Quarter of Section 21,Townsrup 50 SQuth, Range 27 East, CoHier County, Florida. Parcel 2 (Trcrnatcn'a) The W cst Half of the East Half of the Southwest Quarter of the Southeast Quarter of Section II, Township 50 South, Range 27 East, Collier County, Florida, Less and Except the North 30 Feet. Parcel 3 (DialWS) , The Northwest Quarter of the Southeast Quarter of the Northeast Quarter of Section l2, Township 50 South, Range 26 East, Collier County, Florida. ;-Parcel 4 (Tract 2 - Suddalhi) The-North Half of the North Half of the Northeast Quarter of Section 26, Township 50 South, Range 27 East, Collier County, Florida. Parcel 5 (Tractl - Sudda'Jli) Tne South Half of the South Half of the Southeast Quarter of Section 23, Township 50 South, Range 27 East, Collier County, Florida. - Parcel 6 (Suddal!1 2) The South Half of the South Halfofthe Southwest Quarter of Section 23, Township 50 South, Range 27 East, Collier County, Florida. Pared 7 (Lindal.l) The South 326.15 Fcet of the North 3587.73 Feet of the East 667.78 Feet of the West 1335.56 Feet of the West Half of Section 15, Township 50 South, Range 27 East, Collier County, Florida. Parcel 8 (Koller - I) The East Half of 'The South Half of the South Half of the Northwest Quart~r of the Southeast Quarter of Section 15, To....nship 50 South, Range 27 East, Collier Count~\ Florida. Parcel 9 (Koller- 2) The West Half ofthe Southeast Quarter of the Southwest Quarter of the Northeast Quarter, Section 26, Township 50 South, Range 27 East, Collier Country. Florida. BSM:~ DATE: 2-12-2009 e l3clle M~ Twili ~ie:s Parccls 296. L184. 11l8~. U33. UI8, LZ!9, 234, Lt95, 1735. 112. L247, L2~O. L203. Ll59. 475, 536A.SJ6B. S36C.. 536D, S3oE. S36F. IJ.3&. 391,535,514, 1,514.2. ta7, 513, I. S [J,2, 5IJJ, L1ll, 370. 295. 351. - Page 1 of4 Agenda Item No. 16A4 June 23, 2009 Page 17 of 23 .,j Parcel r 0 (Hess) TIle East Half of the Southeast Quarter of the SouthCasi Quarter of Section 5, Township 50 South, Range 27 East, Collier County, Florida, LESS: The South 60 Feet of the East Half of the Southeast Quarter of the Southeast Quarter of Section 5, Township 50 South, Range 27 East, Collier County, Florida. . Parcel 1 1 (Mcthressd) The East Half of the Northeast Quarter of the Northeast Quarter of the Wcst Half of the South Half of Section 30, Township 50 South, Range 27 East, Collier County, Florida. AND . The West Half of the Northeast Quarter of the Northeast Quarter of the West Half of the South Half of Section 30, Township 50 South. Range 21 East, Collier County, Florida. Parcel 12 (ToWIL~cnd) , :The West Half of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 27, Township 50 South, Range 27 East, Collier Co un!}', Florida. Parcel- 13 (Larkin) The South 326.16 Feet of the North 1304.63 Feet of the East 667.78 Feet of the West 2003.34 Feet of the West Half of Section 15, Township 50 South, Range 27 East, CotHer County, Florida. -1 Parcel 14 (Jackson) The Southwest Quarter of the Southwest Quarter and East Half of Norlhwest Quarter of Southwest Quarter, both in Southeast Quarter of Section 11, Township 50 South, Range 27 East, Collicr County, Florida. ParcellS {Walton} The East Half of the Soutbeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 20, Township 50 South, Range 27 East, Collier County, Fiorida. / Parcel 16 (Patel - S) The South Half of the South Half of the West Half of the NotUlwest Quarter of the Northeast Quarter ofSectioD 2, Township 51 South, Range 27 East, Collier Country, 'Florida. Parcel 17 (Patel-I) The North Half of the South Half of the West Half of the Northwest Quarter of the 'Northeast Quarter of Section 2, Township 51 South. Range 27 East, Collier Country, Florida. .... BSM:~ DATE: 2-12-2009 .... . Belle Meade Twin ~ Pa=lsZ%.I..I14, LO&S. l233, 1.218,1.219,234,1.195, l73B, 112, L247, t.240, 1.203. 1.159,415, 53GA.536B, 5J6C, SJGD, 53610, 5lOF, 1238, 391, 515, 514.1, 51U, 187,S!3.I, 513.2. 51J.J, U22, 370. 295,351. Page 2 of 4 Agenda Item No. 16A4 June 23, 2009 Page 18 of 23 -- Parcel 18 (parcl- 3) The South Half of the North Half of the West Half of the Southwest Quarter of the Northeast Quarter of Section 2, Township 51 South, Range 27 East, Collier Country, Florida. \ Parcel 19 (patel.. 4) The North Half of the North Half of the West HaIf of the Southwest Quarter of the Northeast Quarter of Section 2, Township 51 South, Range 27 East, Collier County, Florida. / Parcel 20 (McCrady) The North Half of the North Half of the West Half of the Northwest Quarter of the Northeast Quarter of Section 2, Township 51 South, Range 27 East, Collier County, Florida. Parcel 21 (Parcl-2) . The North Half of the South Half of the West Half of the Southwest"Quarter of the Northeast Quarter of Section 2, Township 51 South, Range 27 East, Collier County, Florida Parcel 22 (11&[. - I) The West Half of the Northwest Quarter of the Northeast Quarter of the Southwest Quarter of Section 26. Township 50 South, Range 27 East. Collier Country, Florida. - Parcel 23 (HaL _ 2) The East Hal f of the Southwest Quarter of the Northwest QWlrter of the East Half of the South Half of Section 30, TownspJp 50 South, Range 27 Ea.'it, Collier County, Florida. Parcel 24. (Maloney) The Northeast Quarter of Section 31, Tovmsbjp 50 South, Range 27 East, CoWer Country, Florida. Parcel 25 (Bllez/Diaz_1) The Northwest Quarter of the Northwest Quarter of Section 26, Township 50 South, Range 27 East, Collier County, Florida. . Parcel 26 (BaafDi.:Iz-2) The North Half of the North Half of the Southwest Quarter of the Northwest Quarter of : Section 26, Township 50 South, Range 27 East., Collier COWlty, Florida Parcel 27 (Baez - 6) The Northwest..Quartcr of the Northwest Quarter of the Northwest Qll3rtec of Section I.L Township 50 South, Range 27 F..ast, Collier County, Florida. BSM:~ DATE: 2-12-2009 - Belle Meade Twin EaglC$ P3TCcls 296. Ll1l4,11I85, 1.233, Uta, U19, 234. L19S. 1138, 112, U47, 1240, L20J, LIS9, 475, 53M,536B, 536C, 536D. 536E, 536f, L238. 391. 535, 514.1, 5142, 187,513.1,513.2,513.3.1..222, 370, 295, 351. hi;e 3 of 4 Agenda Item No. 16A4 June 23, 2009 Page 19 of 23 ~ Parcel 28 (Dac: - I) The East Half of the Southwest Quarter of the Northeast Quarter of the Southeast Quarter, Section 22, Township 50 South, Range 27 East, Collier County, Florida AND (Baa-J) The Northwest Quarter oftlle Southeast Quarter of the Southeast Quarter of Section 22, ToWnship 50 South., Range 27 East, Collier County, Florida AND (Bac:z-4) The Northeast Quarter of the Southeast Quarter of the Southeast Quarter of Section 22, . Township 50 South. Range 27 East, Collier County, Florida, Parcel 29 (Bacz- 2) The East Half of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter, Section 22, Township SO South, Range 27 East, Comer Coimty, Florida. Parcel 30 (J3aez- S) The West Half of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 22, Township 50 South, Range 27 East, Collier County, Florida. . Parcel 31 . (New Hope: / B.u:z - I) The N o"11h Half of the Northwest Quarter of the Southeast Quarter of Section 27, Township 50 South, Range 27 East" Collier COllllty, Florida. \ At Parcel 32 (New Hope { Baa - 2) The East Half of the North Half of the North Halfof the Southeast Quarter of Section 23, Township 50 South, Range 27 East, Collier County Florida. Parcel 33 (Peeler) , The Southwest Quarter of the Southeast Quarter ofScct!on 20, Township 50 South, Range 27 East, Collier CQunty, Florida. Parcel 34 ~) The South Half of the Southwest Quart.erofthe Southwest Quarter of Section 26, Township 50 South, Range i7 East/Collier County, Florida. ... BSM:_~ DATE; 2-"12-2009 e Belle Meade Twin Ugla Paroels 296. L184, LOiS. L233, UU,I.219, 234, Ll9S, f73B, 112, L241, L140. L1(}3. Ll59. 475, 536A.536B. HGC, 5.J6D. 536E.2SJ6F. l238, 391. 535, 514.1, SI4.2.1~. 513.1. 51.3.2. 5IJ.3, 1222. 370.295,351. rag!: 4 of4 Co. County -- . ---~. - - Agenda Item No. 16A4 June 23, 2009 TRANSFER OF DEVELOPMENT RIGHTS: APPLlCAi~ri<F~3 RESTORATION & MAINTENANCE BONUS; CONVEYANCE BONUS RETURN TO: FOR COUNTY USE ONLY AR# By: By: By: Comprehensive Planning Dept. 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239-403-2400 Date Received Completed Application Date CC Comp Plan Approval Date PLEASE COMPLETE A SEPARATE APPLICATION FOR EACH PARCEL The validity of the TDR Credit Certificate issued by the County shall be contingent upon the truthfulness and accuracy of the information included in this application. I. APPLICANT INFORMATION (OWNER) Name(s) (Must be completed): Estates at Twin Eaales. Ltd. Address: 9990 Coconut Rd City: Bonita Sprinqs State: FL Zip Code: 34135 Phone: e Name of Agent (if applicable): (239) 495-1000 Fax:(239) 992-2672 Email: susanw@bonitabayqroup.com Kris Van Lenqen Address: 8231 Parkstone Place #107 City: Naples Phone: (239) 464-5656 Fax: State: FL Zip Code: 34120 Email: kvanlenqen@qmail.com II. PROPERTY INFORMATION Parcel 1.0. # Please see Attachment A Section: " ; Township: .. ; Range: " III. STATEMENT OF INTENT: A. Severance of TOR Base Credits: X I have previously severed TOR Base Credits from the property, indentified in Section IV, below. - o I have submitted an application for TOR Base Credit severance dated TDR Form 7 1 of3 3/17/2006 B. In this application, I wish to: Agenda Item No. 16A4 June 23,2009 Page 21 of 23 o Apply for Restoration and Maintenance Bonus Credits only. ~ X Apply for both Restoration and Maintenance Bonus Credits and Conveyance Bonus Credits. o Apply for Conveyance Bonus Credits only. IV. TDR BASE CREDITS: (Complete only if Certificates have already been issued) Certificate Numbers: Please see Attachment A L V. RESTORATION AND MAINTENANCE BONUS CREDITS At Please check the box that most closely describes this application, and submit the required documentation. o The Property is or will be subject to mitigation permits from any of: U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, Florida Department of Environmental Protection, Florida Fish and Wildlife Conservation Commission or South Florida Water Management District. ReQuired Documentation: -Complete Copy of Permit(s) -Legal Description and legal sketch of area subject to permit(s). -Fee Amount: $250.00 X The property will be conveyed to a County, State or Federal Government Agency. which will restore and manage the property. Required Documentation: -Letter from the Agency indicating a willingness to accept conveyance (evidence of executed deed will be required prior to TDR issuance. See proposed deed. Tab 3 -Complete copy of the Agency's Land Management Plan. See Tab 6 -Fee Amount: $250.00 See Tab 1 o The property will be subject to a Private Restoration and Maintenance Plan. (The Plan should be prepared by a qualified person or firm). - Required Documentation: -A Listed Species Management Plan - A Plan for exotic vegetation removal and maintenance. -Financial Assurance in a form of a performance surety bond or similar instrument, in an amount stated in the plan. -Fee Amount: $250.00 TOR Form 7 20f3 3/17/2006 VI. CONVEYANCE BONUS CREDITS Agenda Item No. 16A4 June 23, 2009 Page 22 of 23 - o The property will be conveyed to a County, State or Federal Government Agency. The property has an approved Restoration and Management Plan in place. \ " Required Documentation: -List of Certificate Number(s) containing all TOR RMP Bonus Credits. -Letter from the Agency indicating a willingness to accept conveyance. (Evidence of executed deed will be required prior to issuance of TOR Conveyance Bonus). - No fee required VII. By its signature below, the Owner certifies that the information provided herein, (including all attachments) is true and correct. The owner understands that the Severance of TOR Base Credits must precede the issuance of Bonus Credits. The Estates at Twin Eagles, Ltd., a Florida limited partnership, formerly known as Twin Eagles Development Company, Ltd., and successor by merger to Twin Eagles Land Group I LLC and Talon Group, Ltd. By: RCPITE Management LLC, a Florida limited liability company, its General Partner By: Resource Conservation Properties Inc., a Florida corporation, its Managing Member By ~'ILl~ LU di~ Susa Pr. Watts, enior Vice President Date: ~ ~, 09 - State of Florida L County of . (.L- This foregoing instrument was acknowledged before me this ,,~ day of ~t'4 Day Month docq Year By Susan H. Watts who' personally kno~ me or who has produced as ide ificati~ () d. ~otary Public Signal re of N tary Public ~ r ~ '1. ...t;.!i~~"'" SAllY L.ILACt(U()ft! I:.mf>'<. '. MlHllry p~ . Sttte 01 Fl<<kIa ~. . i _ ComtiIIion e.,. _ 21. 201 %~ ~ COll'llIIIuiOn . OD 790183 ""l,r:r,f,'t~'''''' 9ond1d 'I"hrouIh..... Neary ~ Sally L. Blackmore Name of Notary Typed, Printed or Stamped including Commission No. NOTICE - BE AWARE THAT: Florida Statute Section 837.06 - False Official Statements Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be b'1lilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of $500.00 and/or maximum of a sixty day jail term." - TDR Form 7 30f3 3/17/2006 Agenda Item No. 16.'\4 June 23, 2009 Page 23 of 23 4 ATTACHMENT A APPLICATION FOR R&M TOR BONUS AND CONVEYANCE TOR BONUS Base TOR Request Request Parcel # Folio # SeclTwn S/Rg E Acres Cert # R&M Bonus Cony Bonus 1 460520007 21/50/27 20.4 0040 B 4.08 4.08 2 456840005 11/50/27 9.8 0028 B 1.96 1.96 3 413240004 12/50/26 10 0029 B 2 2 4 463400001 26/50/27 39.7 0020 B 7.94 7.94 5 462360003 23/50/27 40.3 0020 B 8.06 8.06 6 462400002 23/50/27 40.7 0020 B 8.14 8.14 7 458240700 1 5/50/27 5 0059 B 1 1 8 457400004 15/50/27 5.1 0039 B 1.02 1.02 9 463920002 26/50/27 5 0041 B 1 1 10 448880002 05/50/27 21.4 0033 B 4.28 4.28 11 467320909 30/50/27 10.2 cc' 3/ f5 2.04 2.04 12 465480003 27/50/27 4.8 0083 B 1 1 13 458242601 1 5/50/27 5 0038 B 1 1 14 454680005 11/50/27 15 0028 B 3 3 15 460080000 20/50/27 5.2 0036 B 1.04 1.04 16 747200008 02/51/27 5.1 0027 B 1.02 1.02 17 747640008 02/51/27 5.1 0027 B 1.02 1.02 18 747680000 02/51/27 5.4 0027 B 1.08 1.08 19 747720009 02/51/27 5.4 0027 B 1.08 1.08 20 747760001 02/51/27 5.1 0037 B 1.02 1.02 -.., 21 747800000 02/51/27 5.4 0027 B 1.08 1.08 22 464320300 26/50/27 5 0044 B 1 1 23 467320103 30/50/27 5 0052 B 1 1 24 467360008 31/50/27 176.4 0045 B 35.28 35.28 25 463160008 26/50/27 39.4 0046 B 7.88 7.88 26 463200007 26/50/27 9.9 0046 B 1.98 1.98 27 454840007 11/50/27 11.1 0051 B 2.22 2.22 28 461480007 22/50/27 26 0056 B 5.2 5.2 29 461840003 22/50/27 5.2 0056 B 1.04 1.04 30 461960006 22/50/27 5.2 0056 B 1.04 1.04 31 462520005 27/50/27 20.2 0057 B 4.04 4.04 32 464840000 23/50/27 20 0050 B 4 4 33 459640008 20/50/27 41.8 0058 B 8.36 8.36 34 463560006 26/50/27 19.9 0055 B 3.98 3.98 TOTAL ACRES, THIS APPLICATION 654.2 TOT AL R&M BONUS TORs 130.88 TOTAL CONVEYANCE BONUS TORs 130.88 .