Backup Documents 06/23/2009 Item #16A 4
ORIGINAL DOCUMENTS CHECKLIST & ROUTING sLr). 6 A f\,n It-
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original doclll11enh should be hand delivcn:d Ie> the Board Uflicc. The completed routing slip and original
documents are to be forwarded to the Board Office only afttt the B,wd has taken action on the Hem.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. Ifthe document is already complete with the
exception of the Chairman's si!mature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(Ust in routio\!, order)
1. Judy Puig CDES Administration ~ eolJ.3\ b4
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BCC has acted to approve the
item.)
Name of Primary Staff Leslie Persia Phone Number 252-5737
Contact
Agenda Date Item was June 23, 2009 Agenda Item Number I6A4
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the Bce office within 24 hours of BeC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on._6/23109 _(enter date) and all changes
made during the meeting have been incorporated in the attached document, The
Coun Attorne 's Office has reviewed tbe chaD es, if a Iicable.
Yes
(Initial)
LP
N/A (Not
A Iicable)
2.
3.
4.
5.
6.
N/A
LP
LP
LP
LP
I: Forms! County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.0304. Revised 1.26.05. Revised 2.24.05
161 ~,
MEMORANDUM
Date:
June 11, 2009
To:
Leslie Persia, Senior Planner
Comprehensive Planning
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Assignment & Assumption Agreement
The Estates at Twineagles, L TD
Enclosed please find one original document as referenced above, (Agenda Item
#16A4), approved by the Board on Tuesday, June 23, 2009.
Please forward the fully executed document referenced above to the
Minutes and Records Department to be kept in the Boards official
records.
If you should have any questions, please contact our department at 252-7240.
Thank you.
16A 4
f
This instrument prepared by and return to:
Daniel E. Manausa, Esquire
SMITH, THOMPSON, SHAW & MANAUSA, P. A.
3520 Thomasville Road, 4'h Floor
Tallahassee, FL 32309-3469
STSM IIDEP-614
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNtvtENT AND ASSUMPTION AGREEMENT is made and entered into
this t, day of rn.+y ,2009, between COLLIER COUNTY, a political subdivision of the
State of Florida (hereinafter referred to as "Assignor") whose address IS
, the BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FlJND OF THE ST ATE OF FLORIDA, whose
address is c/o Florida Department of Environmental Protection, 3900 Commonwealth Boulevard,
M,S, 115, Tallahassee, Florida 32399-3000, (hereinafter referred to as "Assignee"), and THE
ESTATES AT TWINEAGLES, LTD., a Florida limited partnership, whose address is
(hereinafter referred to as "Property Owner").
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 inlpJementing
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 transfer of development rights program. Sending lands are of
higher environmental quality and as such worthy of protection, while receiving lands are of
lesser environmental importance and as such are suitable for development; and
Page 1 of I J
16A ,
WHEREAS, the subject site pursuant to the Land Development Code and Growth
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 TDR Conservation Easements
in favor of the County across its property. Said easements have the effect of limiting the
property owner'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 parcels; 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 the
property owner's TDR Conservation Easements; and
WHEREAS, the COWlty has an interest in 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
acceptance of the donation of the property, to assist in achieving this purpose.
NOW, THEREFORE, in consideration of ten dollars and other valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1, 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 August 31, 2006, in Official Records Book 4097,
Page 2423, of the Public Records of Collier County, Florida.
Page 2 of 11
loA "
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 Collier County, Florida.
3. 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 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.
4, 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 COWlty, 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.
5. Assignor does hereby assign to Assignee any and all right, title and interest it has
or may have pursuant to that certain Collier County illR Conservation Easement
granted by George D. Thomson, Trustee Under Land Trust Agreement dated JW1e
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 3584, of the Public Records of Collier County, Florida.
6. 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 oreoJlier County, Florida.
Page 3 of 11
16cil t,
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 JWlc
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 3783, of the Public Records of Collier County, Florida.
8, 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 COWlty, Florida, a political subdivision of the State of Florida,
dated July 21, 2006, recorded October 2,2006, in Official Records Book 4114,
Page 3453, oftlle Public Records of Collier COWlty, Florida.
9, 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 2, 2006, in Official Records Book 4114,
Page 3591, of the Public Rccords of Collier County, Florida.
10. Assignor does hereby assign to Assignee any and all right, title and interest it has
or may have pursuant to that certain Collier COWlty 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.
11. 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 2, 2006, in Official Records Book 4114,
Page 3679, of the Public Records ofeollier County, Florida.
Page 4 of 11
16A4
12. 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, 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 2702, of the Public Records of Collier County, Florida,
13. Assignor docs 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 of 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 of Collier County, Florida.
16. Assignor does hereby assign to Assignee any and all right, title and interest it has
or may have pursuant to tbat 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 15, 2006, recorded November 15, 2006, in Official Records
Book 4139, Page 0329, of the Public Records of Collier County, Florida.
Page 5 of II
16A 4
17, 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 15, 2006, recorded December 11, 2006, in Official Records
Book 4151, Page 1750, of the Public Records of Collier County, Florida.
18. 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 II, 2006, in Official Records
Book 4151, Page 1886, of the Public Records of Collier County, Florida.
19. Assignor does hereby assign to Assignee any and all right, title and interest it has
or may have pursuant to that certain Collier County 'lDR 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 15, 2006, recorded December 11, 2006, in Official Records
Book 4151, Page 1905, of the Public Records of Collier County, Florida.
20. 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 10,2006, recorded December 21, 2006, in Official Records
Book 4157, Page 3570, of the Public Records of Collier County, Florida.
2 t. 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 t 6, 2006, recorded December 2 t, 2006, in Official Records
Book 4157, Page 3578, of the Public Records of Collier County, Florida.
Page 6 of 11
16A ~4
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 to Collier County, 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 Callier 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 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 October 26, 2006, recorded December 21, 2006, in Official Records Book
4157. 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 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 January 12,2007, in Official Records Book 4168,
Page 2430; fe-recorded January 29, 2007, in Official Records Book 4175, Page
635, both of the Public Records of Collier County, Florida.
25. Assignor understands 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 as
described in Collier County Growth Management Plan and Section 2,03.08 of the
Collier County Land Development Code, or the terms of the recorded TOR
Collier County Conservation Easements described above.
26. 'nle Assignee is acquiring the subject property for the purposes or conservation
and preservation pursuant to Article X, section 18, Florida Constitution, and
chapters 253 and 259, Florida Statutes.
Page 7 ofll
16AIt
27. This assignment is without recourse against COWlty.
IN WITNESS WHEREOF, the Wldersigned has set its hand and seal the date and year
first written above.
SIGNED IN COUNTERPARTS
ASSIGNOR
Signed, sealed and delivered
in the prese ce f:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY
By: it,~ ~1::r~-:U
DO FIALA, C RMAN
ignat of First Witness)
~ rzleyV ~..., · ~ b \ ~ e...,
(printed Name of~t~itness)
IJ ,pn df( tL ~
(Signature of Second Itness)
0J./Jr.fr ~ ~ (Ci.....
(printed Name of Second Witness)
(Official Seal)
ATTEST:
DWIGHT E, BROCK, Clerk
".
By:
Signa~~ 9.. eptitz I k .
~)' .' .:.....~./~.~r" ;'. .' ,>
_N\av~Cl \fe" a~ ~
Pr~ed N~e Ofmp~ Clerk
~ .:11 _'-",
'tgal~~.~;'I;'l\/ ;i
Page 8 of 11
16A 4
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this ~day of :rf,4 ~ ,
2009, by Donna Fiala, as Chairman of the Board of County Commissioners of Collier County,
Florida, on behalf of said board. SHe is personally known to me.
~
(NOTARY PUBLIC SEAL)
STATE OF FLORIDA
(printed or Stamped Name of Notary Public)
Commission No.:
My Commission ~ires:
.~~f';;;g~_
l'fii\ CAROlYN SUE RLSoN
,~ ,1*1 MY COMMISSION # DO 748730
~'.t ,'' ~XPIFles; Apri/28, 2012
T'hru NIlIaty Pl.tra UndelWtite/8
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 form
and legal sufficiency:
, ,t
~~f-- 7.LJ >: L
Steven T. Williams
I . ant County Attorney
Page 9 of 11
16A
4
,
ASSIGNEE
Signed, sealed and delivered
in the presence of:
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE O}j' FLOIUDA
By:
Deborah D. Poppell, Director
Division of State Lands, Department of
Enviromnental 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 was 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 personally known to me.
(NOTARY PUBLIC SEAL)
Notary Public
(Printed or Stamped Name of Notary Public)
Commission No.:
My Commission Expires:
Approved as to Form and I,egality
By:
William C. Robinson, Jr,
Senior Attorney
Date:
Page 10 of 11
16A :,
PROPERTY OWNER
Signed, sealed and delivered
in the presen
THE ESTATES AT TWINEAGLES, LTD.,
a Florida limited partnership
By: RCprrE MANAGEMr~NT, LLC,
a Florida limited liability company
As Its: General Partner
By: RESOURCE CONSERVATION
PROPERTIES, INC, a Florida corporation
As s: Managing Mem ber
SA-ttv IJ . I2Dtb,~s
Printed name of First Witness
~~rs~
(Signature o' eeon Itness)
By:
~
i!J81~N/E TJlI~Pes
Printed name of Second Witness
8T A IE OF FLORIDA
COUNTY OF
Lu-
The foregoing instrument was acknowledged before me this C, ~ day of
<--('il 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 RCprrE Management, LLC, a Florida limited liability company, which
limited liability company is acting in its capacity as the General Partner of The Estates at
1 winEagles, Ltd., a Florida limited partnership, on behalf of said limited partnership. She is
personally known to me
St '~.. SALLY L. BLACKMORE
~ PuIlIIc . StIt. of FIori*
. . MrCWiL IlIIgftEll*llStp2U01
CCllllIllIUIoft . DO 790183
......'J1IiDlIF NIIIDnII NolIly.-n.
~~
Notary Public
SaDy L. Blackmore
(Printed or Stamped Name of Notary Public)
Commission No.:_~~ '14ics ~ i "3
My Commission Expires: S,~ d\ I :b{~
(NOTARY PUBLIC SEAL)
Page 11 of 11
l6A 14-
, .'
EXHIBIT "A"
Parcel 1 (Garcia)
The East Half of the Northeast Quarter of the Northeast Quarter of Section 21,T ownship
50 South, Range 27 East, Collier County, Florida.
: 'Parcel 2 (TrCllllllCn'a)
The W cst Half of the East Half of the Southwest Quarter of the Southeast Quarter of
Section 11. Township 50 South. Range 27 East, Collier County, Florida. Less and Except
the North 30 Feet.
Parcel 3 (Diamas)
The Northwest Quarter of the Southeast Quarter of the Northeast Quarter of Section 12,
Township 50 South, Range 26 East, Collier County, Florida
.;Parcel 4 (Tract 2 - Suddathi)
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 (Tract I - SlIddarhi)
The South Half of the South Half of the Southeast Quarter of Section 23., Township 50
. South. Range 27 East, Collier County, Florida.
Parcel 6 (Suddath 2)
The South Half of the South Half of the Southwest Quarter of Section 23, Township 50
South, Range 27 East, Collier County, Florida.
Parcel 7 (Lindahl)
. .The South 326.15 Feet 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 H~f of the South Half ofth~ Northwest Quarter oithe
Southeast Quarter of Section 15, Township 50 South, Range 27 ~t, CoUier County'j
Florida.
Parcel 9 (Kollu - 2)
The West Half of the 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
...
Belle Meade
Twiri Eagles
ParccIs 296, LIM. L08.S,I..l33. 1..21i!, 1..219,234, Ll9S, 1738, 112.1..241,1..240,1..203. L1S9. 475, 536A.536B. 536C. S36D. SJ6E.
S36F,1..233, 391. 535, 514,1, 514.2. 187. SI3.1, 513.2,513.3. L222. 370. 295. }51. .
Page I of4
16A ,
Parcel 10 (H~)
The East Half oCthe Southeast Quarter of the Southeast Quarter of Section 5, Township
50 South, Range 27 East, Collier County, Florida,
LESS:
The South 60 Feet of dlC East Half of the Southeast Quarter of the Southe~t Quarter of
Section 5, Township 50 South, Range 27 East, Collier County, Florida.
Parcel II (Methfcssc:l)
The East Half of the Northeast Quarter of the Northeast Quarter of the West Half of the
South Half of Section 30, Township 50 South. Range 27 East, Co~lier 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 27 East, Collier County, Florida.
Parcel 12 (TOWlUeod)
;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 County, Florida.
Parcell 3 (LaOOn) .
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, CoUier
County, Florida.. '
Parcel 14 (Jackson)
The Southwest Quarter of the Southwest Quarter and East Half of Northwest Quarter of
Southwest Quarter, both in Southeast Quarter of Section II, Township 50 South, Range
27 East, Collier County, Florida.
Parcel 15 (Waltocl)
The East Half of the Southeast Quarter of the Southwest Quarter of the Northwest
Quarter of Section 20, Township 50 South, Range 27 East, Collier County, Florida.
:Parcell6 (Patd-S)
:Jbe South Half of the South Half ofthcWest Half of the Northwest Quarter oflhe
Northeast Quarter of Section 2, Township 51 South, Range 27 East, Collier Country,
, Florida.
Parcel 17 (Patel-I)
The North Half of the South Half ofllie West Half of the Northwest Quarter of the
Northeast Quarter of Section 2, Township 51 South, Range 27 East, Collier Country,
Florida.
....
8SM: ~__
DATE: 2-12-2009
...
Belle Meade
Twin EqlcI
Parcels 2%. L1M.lOI5. ill3, UIS, UI9, 234, L195, 1738. 112" 1.247, U40, U03. L1S9, 47S, S36A,S36B. SJ6C. 5360, S36E.
S36F. U38. 391. 53S. 514.1. 514.2" 187, '13.1, SI3.2. SI3.3. un. 370. 295, 351.
Page 2 of4
1.6~ II
Parcel 18 (patcl-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 (pal.c14)
The North 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 County,
Florida. :
/
Parcel 20 (McCrady)
The North HaIf of the North Half of the West HaIfofthe Northwest Quarter of the
Northeast Quarter of Section 2, Township 51 South. Range 27 B<!.st, Collier County,
Florida. .
Parcel 21 (Patcl - 2)
The North Half of the South Halfofthe West Half of the SouthwesfQuarterofthe
Northeast Quarter of Section 2, Township S I South, Range 27 East, Collier County,
Florida .
Parcel 22 (1-1&1.-1)
The West Half ofthc Northwest Quarter of the Northeast Quarter of the Southwest
Quarter of Section 26, Township 50 South, Range 27 East, Collier Country, Florida
Parcel 23 (H&t - 2)
The East Half of the Southwest Quarter of the Northwest Quarter of the East Half of the
South Half of Section 30, Township 50 South, Range 27 East, Collier County, Florida.
Parcel 24. (Maloney)
The Northeast Quarter of Section 31, Township 50 South, Range 27 East,. Collier
Country, Florida.
Parcel 25 (Baez./ Diu- D
The Northwest Quarter of the Northwest Quarter of Section 26, Township 50 South,
Range 27 East, Collier County, Florida. .
Parcel 26 (BIO:Z/Oilz-2)
The North Half of the North Half of the Southwest Quarter of the Northwest Quarter of
: Section 26, Township SO South, Range 27 East, Collier COWlty, Florida.
Parcel 27 (Bat'1: - 6)
The Northwes"-Quartcr of the Northwest Quarter of the Northwest Quarter of Section IJ.,
Township 50 South, Range 27 East, CoHier County, Florida.
SSM: ~
DATE: 2-12-2009
Delle Meade
Twill Ea&Jcs
Parc;cts 296, LIM, 1.085, 1.233, 1.218, 1.219. 234, t19S, 1139, 112,1.247.1.240, L203,1.I S9, 475, SJ61\"S36B, 536C, 5360, S36E.
SJ6F, L238, 391, 535, 514.1,514.2, 187, S13.I, S13.2, SI3.3, L222, 370, 295, 3.sl.
PII&C J 0(4
16A 4
Parcel 28 (Dacz- 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 (Bacz- 3)
The Northwest Quarter of the Southeast Quarter of the Southeast Quarter of Section 22,
ToWnship 50 South, Range 27 East, Collier County, Florida.
AND (Bacz-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 (B1e%- 2)
The East Half of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter,
Section 22, Township 50 South, Range ~7 East, Collier CoUnty, Florida.
Parcel 30 (Baez-5)
The West Half of the South.east Quarter of the Northeast Quarter oithe'Southeast Quarter
. of Section 22, Township SO South,Range 27 East. Collier Courity, Florida. '
Pareel3l . (NewHopo/B-=-I)
The North Halfof the Northwest Quarter of the Southeast Quarter of Section 27,
Township 50 South, Range 27 East, Collier County, Florida
\
Par~132 (NcwHopO/Bacz-.2)
The East Half of the North Half of the North Halfofthe.Southeast Quarter of Section 23,
Township 50 South, Range 27 East, Collier County Florida.
Parcel 33 (PecIu)
The Southwest Quarter of the Southeast Quarter ofSecqoh 20, Township 50 South, .
Range 27 East, Collier CQunty; Florida,
Parcel 34 (Koch)
The South Half of the Southwest Qua.rter of the Southwest Quarter of Section 26,
Township 50 South, Range 27 East/Collier County, Florida.
..
85M: ~
DATE; 2-12-2009
....
Bdloe~
Twin EagIc:s
Parcels 296, 1184, LOIS. un, 1.211, 1.219, 234, L19!, 1738, 112.l247,l240, U03,I.1S9, 475, ~J6A.~36B. SJ6C, 5360. S36E.
SJ6f, WI, 391.535,514.1.514,2, 1lf7. 513.!, 513,2, 513.3. U22. 370, 295, 3st
Pag~4or4
o Henderson I ~[,~D)51!D
16A 4
Bonita Bay Executive Center 1
3451 Bonita Bay Boulevard, Suite 206
Bonita Springs, FL 34134
Tel: 239.344.1100 ' Fax: 239.344.1200 . wwwhenlawcom
Fort Myers . Sanlbel
Reply to
Michele M. Gowdy
Legal Assistant
Direct Fax Nurrber 239.344.1537
Direct Dial Number 239.344.1375
E.Mail: michele.gowdy@henlaw.com
July 6, 2009
VIA FEDERAL EXPRESS: TrackinQ No. 7977 37149723
Kris Van Lengen, City Planner
City of Marco Island
50 Bald Eagle Drive
Marco Island, FL 34145
Re: Belle Meade Assignment and Assumption Agreement
Dear Mr. Van Lengen:
Enclosed please find the original Assignment and Assumption Agreement that
you sent to me on July 1, 2009.
Kindly note that on Page 1 of the Contract, an address is needed for Collier
County, and on Page 9, the Notary jurat for the Deputy Clerk's signature needs to be
completed.
Please have these items completed and return the original document to me. If
you have any questions, please feel free to call me at any time.
Sincerely,
~~
Michele M. Gowdy
Legal Assistant
MMGI
Enclosure
Henderson, Franklin. Starnes & Holt PA.
"A' 4
This instnlrnent prepared by and return to:
Daniel E. Manausa, Esquire
SMITH, THOMPSON, SHAW & MANA USA, p, A.
3520 Thomasville Road, 4th Floor
Tallahassee, FL 32309-3469
STSM #DEP-614
ASSIGNl\'IENT AND ASSUMPTION AGREEMENT
THIS ASSIGNIvfENT AND ASSUMPTION AGREEMENT is made and entered into
this {, day of t?1.+y , 2009, between COLLIER COUNTY, a political subdivision of tbe
State of Florida (hereinafter referred to as "Assignor") whose address IS
330 I T&m laWl /' Tlal f Euo-f I Bldj F
N up I~ S J r L "3 If J I L . the BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE ST ATE OF FLORIDA, whose
address is c/o Florida Department of Environmental Protection, 3900 Commonwealth Boulevard,
M.S. 115, Tallahassee, Florida 32399-3000, (hereinafter referred to as "Assignee"), and THE
ESTATES AT TWINEAGLES, LTD., a Florida limited partnership, whose address is
~~'1() C({)coJ./t./-r ~I #2(::V
6/JjVj 7)f S-/L/,(,)GS; n 3'4/ ~ (hereinafter referred to as "Property Owner").
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 transfer of development rights program, Sending lands are of
higher envirorunental quality and as sueh worthy of protection, while receiving lands are of
lesser cnvirorunental importance and as such are suitable for development; and
Page 1 of II
16A
1
.
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 TOR Conservation Easements
in favor of the County across its property. Said easements have the effect of limiting the
property owner'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 parcels; 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 the
property owner's TOR Conservation Easements; and
WHEREAS, the County has an interest in 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
acceptance ofthe donation of the property, to assist in achieving this purpose.
NOW, THEREFORE, in consideration of ten dollars and other valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows;
1. 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 August 31, 2006, in Official Records Book 4097,
Page 2423, afthc Public Records of Callier County, Florida.
Page 2 of 11
16A 4
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 Collier County, Florida.
3, 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 September 25, 2006, in Official Records Book
4110, Page 3551, ofthe Public Records of Callier County, Florida.
4. 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 3572, of the Public Records ofCoIlier County, Florida.
5. Assignor docs 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 ColJier County, Florida, a political subdivision of the State of Florida,
dated July 21, 2006, recorded September 25, 2006, in Official Records Book
4110, Page 3584, of the Public Records of Collier County, Florida.
6. 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 COWlty, 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 or Collier County, Florida.
Page 3 of 11
16A
..
4
7. Assignor does hereby assign to Assignee any and all right, title and interest it bas
or may have pursuant to that certain Collier County IDR Conservation Easement
granted by George D. Thomson, Trustee Under Land Trust Agreement dated June
23,2004 to Collier County, Florida, apolitical subdivision of the State of Florida,
dated July 21, 2006, recorded September 25, 2006, in Official Records Book
4110, Page 3783, of the Public Records of Collier County, Florida.
8. 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 G'eorge 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 3453, of the Public Records of Collier County, Florida.
9. Assignor does hereby assign to Assignee any and a1l 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 Co1lier County, Horida, a political subdivision of the State of Florida,
dated July 21, 2006, recorded October 2, 2006, in Official Records Book 4114,
Page 3591, 0 f the Public Rccords of Collier County, Florida,
10. Assignor does hereby assign to Assignee any and all right, title and interest it has
or may have pursuant to that certain Collier County IDR 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 CoWer County, Florida.
II, Assignor does hereby assign to Assignee any and all right. title and interest it has
or may have pursuant to that certain Collier COWlty 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 3679, of the Public Records ofCaJlier County, Florida.
Page 4 of II
16A
~.,.,
4
12, 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 C01.Ulty, Florida, a political subdivision of the State of Florida,
dated July 21,2006, recorded October 3, 2006, in Official Records Book 4115,
Page 2702, of the Public Records ofColIier 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 JtUlC
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 Comer 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 of 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 ofF]orida,
dated October 31,2006, recorded November ]5,2006, in Official Records Book
4139, Page 0320, of the Public Records of Collier 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 15, 2006, recorded November 15, 2006, in Official Records
Book 4139, Page 0329, of the Public Records of Collier County, Florida.
Page 5 of 11
16 A ~..,. 4
17. 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 15, 2006, recorded December 11, 2006, in Official Records
Book 4151, Page 1750, of the Public Records of Collier County, Florida.
18. 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 Official Records
Book 4151, Page 1886, of the Public Records of Collier County, Florida.
19. Assignor does hereby assign to Assignee any and all right, title and interest it has
or may have pursuant to that certain Collier County 'lDR Conservation Easement
granted by George D, Thomson, Trustee Under Land Trost Agreement dated June
23, 2004 to Collier County, Florida, a political subdivision of the State of Florida,
dated November 15, 2006, recorded December 11, 2006, in Official Records
Book 41 51, Page 1905, of the Public Records ofeoIlier County, Florida.
20. 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 Trost Agreement dated June
23,2004 to Collier County, Florida, a political 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 ofeollier County, Florida
21. 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 16, 2006, recorded December 21, 2006, in Official Records
Book 4157, Page 3578, of the Public Records of Collier County, Florida,
Page 6 of 11
16 A "~4
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 to Collier County, 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 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 26, 2006, recorded December 21, 2006, in Official Records Book
4157. Page 3600, of the Public Records of Collier County, Florida.
24. Assignor does hereby assign to Assignee any and all right, tiUe 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 January 12,2007, in Official Records Book 4168,
Page 2430; re-recorded January 29, 2007, in Official Records Book 4175, Page
635, both of the Public Records of Collier County, Florida.
25. Assignor understands 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 as
described in Collier County Growth Management Plan and Section 2.03.08 of the
Collier County Land Development Code, or the terms of the recorded TOR
Collier COlmty Conservation Easements described above.
26. 'Ole Assignee is acquiring the subject property for the purposes 0(' conservation
and preservation pursuant to Article X, section 18, Florida Constitution, and
chapters 253 and 259, Florida Statutes.
Page 7 of 11
....
16 A ~Ii
27. This 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 prese ce f:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY
By: i)~~1:.~~
DO FIALA, C RMAN
igna of First Witness)
~ rclGrI'J ~"'^ b\oJ e...-
(Printed Name of irst Witness)
(Official Seal)
IJ IJffi d/(tL ~
(Signature of Second Ittless)
..jIJA& a i lei.-.
(printed Name of Second Witness)
ATTEST:
DWIGHT E. BROCK, Clerk
'r-
By:
Signa~: 9 . Deputy, I k
N\&-~I(\ji~~'VR "$--
PriJited Name of. puff Clerk
. .
__ .:tI ......,
It....". .,I;"('~ ".
'1-" ~i j I .> 1
Page 8 of 11
16A 4
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this ~day of ::r", ~ ,
2009, by Donna Fiala, as Chairman of the Board of County Commissioners of Collier County,
Florida, on behalf of said board. SHe is personally known to me.
(NOTARY PUBLIC SEAL) r:.,~ J ~
~~Pub~ ~~
STATE OF FLORIDA
(printed or Stamped Name of Notary Public)
Commission No,:
My Commission Ires:
!.W1;,""~o~1. CAROlYN SUE FIlSoN
,\ ;*1 MY COMMISSION # DO 748730
, . ~XPIFlES; April 28, 2012
I , T'hru NoIIIy Pl4lla Undlll!ritel1l
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this !if!... day of J(;~ '
2009, by (Y\ or+hJl Y q(~(J[ 0" , as Deputy Clerk of Collier County, Florida, n behalf of
the Clerk, Collier County, lorida. He/s~ is personally known to me.
l~~*'~~1. WANo.A ~OORIGUEZ
.it: ~*i CorrvnISSIOl1 DO 631743
~'. .,: i Expires January 21 J 2011
"~iIY., Bonded ThnJ T"'V Foin 1nIurInce1OO-386-7019
'I);; ~ '
/:t ~ . ' Yf{M(~
Notary Public ,,/ C./
(NOTARY PUBLIC SEAL)
(printed or Stamped Name of Notary Public)
Commission No.:
My Commission Expires:
Approved as to form
and legal sufficiency:
} JO"
, I 7.L\/I~L
Steven T. Williams
.,. lnt County Attorney
Page 9 of 11
16A 4
ASSIGNEE
Signed, sealed and delivered
in the presence of:
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
By:
Deborah D. Poppell, Director
Division of State Lands, Department of
Enviromnental 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 was acknowledged before me this _ day of ,
2009, by Deborah D. Poppell, Director, Division of State Lands, Department of Envirorunental
Protection, as agent for and on behalf of the Board of Trustees of the lnternallmprovement Trust
Fund of the State of Florida. She is personally knO'Wll to me.
(NOTARY PUBLIC SEAL)
Notary Public
(Printed or Stamped Name of Notary Public)
Commission No.:
My Commission Expires:
Approved as to Form and Legality
By: .
~-------
William C. Robinson, Jr.
Senior Attorney
r);q,-:'
Page 10 of 11
THE ESTATES AT TWINEAGLES, LTD.,
a Florida limited partnership
By: RCPffE MANAGEMENT, LLC,
a Florida limited liability company
As Its: General Partner
By: RESOURCE CONSERVATION
PROPERTIES, INC, a Florida corporation
As s: Managing Member
PROPERTY OWNER
Signed, sealed and delivered
in the presen
$A.'/\I IJ. R.DbbkJS
Printed name of First Witness
~
4~~t~ ~
(Signature O' ccon ltness)
By:
I!J4lNN/E TI"~k'~
Printed name of Second Witness
ST A IE OF FLORIDA
COUNTY OF
\..tL-
The foregoing instnunent was acknowledged before me this G, ~ day of
'----{l1 ~ __.__ _' 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)
~,.. ~
Notary Public f
SaUy L. Blackmore
(Printed or Stamped Name of Notary Public)
Commission No.: ~~., Cf cs ~ i "3
y Commission Expires: S,~ .~\\ :bt':t-
e" SALLy L. BLACKMORE
NoIIIY PuIIIIc . SlIt. of FIortdI
. . IIIrc...L lulu-ElflrllSeII21,211
CGlIMlIIllcMI . DO 7901U
....1'llIaIIfI...... Nc*IY'"
Page 11 of II
16A 4
~
EXHIBIT" A"
Parcel 1 (Garcia)
The East Half of the Northeast Quarter of the Northeast Quarter of Section 21.Township
50 South, Range 27 East, Collier County, Florida
. 'Parcel 2 (Trcmal<<ta)
the West Half of the East Half of the Southwest Quarter of the Southeast Quarter of
Section II, Township 50 South, Range 27 East, Collier COWlly, Florida, Less and Except
the North 30 Feet.
Parcel 3 (Diamas)
The Northwest Quarter of the Southeast Quarter of the Northeast Quarter of Section 12,
. Township 50 South, Range 26 East, Collier County, Florida
.~ParceI4 (T~1-Sudd.1rbt)
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 (Tract I - Suddathi)
The South Half of the South Half of the Southeast Quarter of Section 23. Township 50
. South, Range 27 East, Collier County, Florida
Parcel 6 (Sudc1alh 2)
The South Half of the South Half of the Southwest Quarter of Section 23, Township 50
South, Range 27 East, Collier County, Florida.
Parcel 7 (Undahl)
. .The South 326.15 Feet of the North 3587.73 Feet of the East 667.78 Feeto(the West
1335.56 Feet of the West Half of Section IS, Township 50 South. Range 27 East, Collier
County, Florida.
:Parcel 8 (Koller - I)
The East Half of The South H~f of the South Half (lfthe:: Northwest Quarter oftbc
Southeast Quarter of Section 15, Township 50 South, Range 27 ~ Collier County,;
Florida
Parcel 9 (Koller - 2)
The West Half of the 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
....
Delle: Meade
Twill EaaiCl
ParecIs 296. Ll34. LOSS, 1.233. 1.218, 1.219,234. Ll95, 1138, 112,1.247.1..240. 1..203,lI 59. 475, 536A,536B, 536C. 536D. SJ6E.
S36F. 1..238, 391. SJ5. 514.1. 514,2. 187,513,1.513.2,5133, L222. 310. 295. 3S1. .
Page I of4
16A 4
16A 4
Parcel 10 (Hess)
The East Half of the Southeast Quarter of the Southeast Quarter of Section 5, Township
50 South, Range 27 East, Collier County, Florida,
LESS:
The South 60 Feet of dIe East Half of the Southeast Quarter of the Southeast Quarter of
Section 5, Township 50 South, Range 27 East, Collier County, Florida. .
Parcel II (McChfcsscl)
Thewt Half of the Northeast Quarter of the Northeast Quarter of the West Half of the
South Half of Section 30, Township 50 South, Range 27 East, Co~lier COWIty, 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 SouUt, Range 27 East, Collier County, Florida.
Parcel 12 (foWlUCOd)
;The West Half of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter
of Section 27, Township 50 South, lUnge 27 East, Collier COWlty, Florida.
PI1rCeI- 13 (LaOOn) .
The South 326.16 Feet of the North 1304.63 Feet of the East 667.78 Feet of the West
2003.34- Feet afthe West Half of Section IS, Township 5(:) South, Range 27 East, Collier
County, Florida. .
Parcel 14 (Jackson)
The Southwest Quarter of the Southwest Quarter and East Half of Northwest Quarter of
Southwest Quarter, both in Southeast Quarter of Section II, Township 50 South, Range
27 East, Collier County, Florida.
ParcellS (Walroo)
The East Half of the Southeast Quarter of the Southwest Quarter of the Northwest
Quarter of Section 20. Township 50 South, Range 27 East, Collier County, Florida.
:ParcelI6 (P3&eI-5)
TIle South 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.
Parcel 17 (Pate1- 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.
...
8SM: ~_
DATE: 2-12-2009
...
8clte Meade
Twin EagIcs
Parcds296, LIM. um. L.2J3, 1..218,1..219,234. L19.5, 1738, 112, 1..247, 1.240, 1.203,1159, 475, 536,\,536B, 536C, 5360, S36E,
536F. 1.238, 391, 535, 51-4.1, 514,2, 187,513.1,513.2,513.3. un. 370. 295, 351.
PIgll2 of 4
16A 4
Parcel 18 (patd-3)
The South Half of the North Half of the West Half of the Southwest Quarter ofthe
Northeast Quarter of Section 2. Township 51 South, Range 27 East, Collier Country,
Florida.
Parcel 19 (p1W:1- 4)
The North 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 County,
Florida. ;
/
Parcel 20 (MeCrady)
The Northllalf of the North Half of the West Half of the Nort.hwest Quarter of the
. Northeast Quarter of Section 2, Township 51 South, Range 27 &51, Collier County,
Flori~ '
Parcel 21 (patel - 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 (II&[. - 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 Half of the Southwest Quarter of the Northwest Quarter of the East Half of the
South Half of Section 30. Township 50 South, Range 27 East. Collier County. Florida,
Parcel 24. (Maloney)
The Northeast Quarter of Section 31. Township 50 South, Range 27 East, Collier
Country, Florida.
Parcel 25 (Baezl Diaz- n
The Northwest Quarter of the Northwest Quarter of Section 26, Township 50 South,
Range 27 East, Collier County, Florida, .
Parcel 26 (Baczl Diaz-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 County. Florida.
Parcel 27 (B~-~
The Northwes$..Quarter of the Northwest Quarter of the Northwest Quarter of Section I.L
Township 50 South, Range 27 East. Collier County, Florida.
SSM: ..?
DATE: 2-12.2009
Oellc Meade
I 'Ii E41cs
Parc:ds 296. LI 84, lOllS, 1.233. 1.211, I.2J9,234, Ll95, 113a. 112, U47, U<lO. U03,1.159, 475, S36A.536B, SJ6C. 5360, S36E.
53611, U3I, 391. 535, 514.1, 514.2, t87. SIH, 513,2, SI3.3, L.222, 370, 29S, 3S1.
Page J of4
16A 4
Parcel 28 (Bacz-I)
The East Half of the Southwest Quarter of the Northeast Quarter of the Southeast
Quarter, Section 22. Township 50 South, Range 21 East, Collier County, Florida
AND (Bacz-J)
The Northwest Quarter of the Southeast Quarter of the Southeast Quarter of Section 22,
ToWnship 50 So~ Range 21 Eas~ Collier County, Florida
AND (Bacz-4)
The Northeast Quarter of the Southeast Quarter of the Southeast Quarter of Section 22,
Township 50 South, Range 21 East. Collier County, Florida.
P~129 {B*%-~
The East Half of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter, .
Section 22, Township SO South, Range ~7 East, Collier CoUnty, Florida.
P~130 (B1IlZ-S)
The West Half of the Southeast Quarter of the .Northeast Quarter of the Southeast Quarter
of Section 22, Township 50 South, Range 21 East. Collier County, Florida. .
ParCel 31" . (New Kopel I Buz - I)
The North Halfofthe Northwest .Quarter of the Southeast Quarter of Section 27,
Township 50 South, Range 27 East, Collier COWlty, Florida
\
.Par~132 (New KOP<'/a.-.2)
The East Half oftheNortb Half of the North Halfofthe.Southeast Quarter of Section 23,
Township 50 South, Range 27 East, Collier County Florida.
Parcel 33 (peClCl') ,
The Southwest Quarter of the Sontheast Quarter of Section 20, Township 50 South, .
Range 27 Eas~ Collier County; Florida.
Parcel 34 (KocIa)
The South Half of the Southwest Quarter of the Southwest Quarter of Section 26,
Township 50 South, Range 21 East/Collier County, Florida.
"
BSM:~
DATE: 2-12-2009
....
Belle Meade
Twia EacIcs
P.-c:eIs 296, LlM, LOU, I.2J3, 1.211, 1.219, 234, Ll9S,I13B, 1J2o L247, U40, 1.20J, L159, 475, S36A,SJ6B, 536C, SJ6D. SJ6E.
536F, W8, 391. ns, 514.1, 514.2, 181. 513.l, SIJol. SU.3, L222, 370, 295, JSt.
Page4or.
INSTR 4350679 OR 4499 PG 1907
ORWECOROED 10/12/2009 139 PM PAGES 15
IGHT E. BROCK
COLLIER COUNTY
REC $12900 CLERK OF THE CIRCUIT COURT
This inStrUmCllt prepared by and return to:
Daniel E. Manausa, Esquire
SMITH, THOMPSON, SHAW & MANAUSA, P. A.
3520 Thomasville Road, 4'" Floor
Tallahassee, FL 32309-3469
16A
4
STSM NDEP-<i14
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT is made and entered into
this t, day of t11.+y ,2009, between COLLIER COUNTY, a political subdivision of the
State of Florida (hereinafter referred to as "Assignor") whose address is
3301 yo.vn /aWl" T,ail [:"01, BldJF
/Vapl.es: pc... "3 '-I1Iz.... , the BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, whose
address is elo Florida Department of Envirolllllental Protection, 3900 Commonwealth Boulevard,
M.S. 115, Tallahassee, Florida 32399-3000, (hereinafter referred to as "Assignee"), and TIlE
ESTATES AT TWlNEAGLES, LTD., a Florida limited partnership, whose address is
t9*9'1{) C~co#</-r ~, #za?
6/JJVl m S"/h.u6S; n.. g4/ ~ (hereinafter referred to as "Property Owner").
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 transfer of development rights program. Sending lands are of
higher envirorunental quality and as such worthy of protection, while receiving lands are of
lesser envirolllllcntaI importance and as such are suitable for development; and
Page 1 ofll
16A
1.J.
I
WHEREAS, the subject site pursuant to the Land Development Code and Growth
Management Plan has been deemed to he 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 TDR Conservation Easements
in favor of the County across its property. Said easements have the effect of limiting the
property owner'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 mueh as possible, including the subject parcels; 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 the
property owner's TDR Conservation Easements; and
WHEREAS, the County has an interest in the subject tract of land heing protccted and is
willing to assign its interest in and to the TDR Conservation Easements to Assignee upon its
acceptance of the donation of the property, to assist in achieving this purpose.
NOW, THEREFORE, in considcration of ten dollars and other valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
I. Assignor does hereby assign to Assignee any and all right, title and interest it has
or may have pursuant to that certain Collier County 'IDR 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 August 31, 2006, in Official Reeords Book 4097,
Page 2423, of the Public Records ofCoJlier County, Florida.
Page 2 ofl I
16A 4
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 Agreemeut 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
4 I 10, Page 3498, of the Pub lie Reeords of Collier County, Florida.
3. 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 3551, of the Public Records of Collier County, Florida.
4. Assignor does hereby assign to Assignee any and all right, title and interest it has
or may have pursuant to that certain Collier County TD R 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, reeorded September 25, 2006, in Official Records Book
4110, Page 3572, of the Public Records of Collier County, Florida.
5. Assignor does hcrcby 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. TIlOmson, 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 3584, of the Public Records ofColIier County, Florida.
6. 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 politieal subdivision of the State of Florida,
dated July 21, 2006, recorded September 25, 2006, in Official Records Book
4110, Page 3151, of the Public Records of Collier County, Florida
Page 3 of II
16 A 4
7. 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 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
41 10, Page 3783, of the Pub lie Records of Collier COWlty, Florida.
8. 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 2, 2006, in Official Records Book 4114,
Page 3453, ofthc Public Records of Collier COWlty, Florida.
9. 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 2, 2006, in Official Records Book 4114,
Page 3591, of the Public Rccords of Collier County, Florida.
10. 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 2, 2006, in Official Rceords Book 4114,
Page 3667, ofthe Public Records ofCollicr County, Florida.
II. Assignor does hereby assign to Assignee any and all right, title and interest it has
or may have pursuant to that eertain 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 3679, of the Publie Records ofCoJlier County, Florida.
Page 4 of 11
16A 4
12. Assignor does hereby assign to Assignee any and all right, title and interest it has
or may have pursuant to that certain Collier County IDR 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 41I5,
Page 2702, of the Public Records of Collier 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 Junc
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 27 I I, of the Public Records of Collier County, Florida.
14. Assignor does hereby assign to Assignee any and all right, title and interest it bas
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 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 bas
or may have pursuant to that certain CoUicr 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 Novcmbcr 15,2006, in Official Records Book
4139, Page 0320, of the Public Records of CoJJier County, Florida.
16. Assignor does hereby assign to Assignee any and aU right, title and interest it has
or may have pursuant to that certain Collier County IDR Conservation Easement
granted by George D. Thomson, Trustee Undcr Land Trust Agreement dated June
23,2004 to Collier County, Florida, a political subdivision of the State of Florida,
dated November 15, 2006, recorded November 15, 2006, in Official Records
Book 4139, Page 0329, of the Public Records ofCoUier CoWlty, Florida.
Page 5 of 11
16 A 4
17. 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 15, 2006, recorded December 11, 20Q6, in Official Records
Book 4151, Page 1750, of the Public Records of Collier County, Florida.
18. Assignor does hereby assign to Assignee any and all right, title and intercst 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 2 I, 2006, recorded December 11, 2006, in Official Records
Book 415 I, Page 1886, of the Public Records of Collier County, Florida.
19. Assignor does hereby assign to Assignee any and all right, title and interest it has
or may have pursuant to that eertain Collier County TDR Conservation Easement
granted by Gcorge D. Thomson, Trustee Under Land Trust Agreement dated June
23,2004 to Collier County, Florida, a political subdivision of the State of Florida,
dated Novcmber 15, 2006, recorded December 11, 2006, in Official Records
Book 4151, Page 1905, of the Public Records of Collier County, Florida.
20. 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 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 10, 2006, recorded December 21, 2006, in Official Records
Book 4157, Page 3570, OftllC Public Records of Collier County, Florida.
21. Assignor does hereby assign to Assignee any and aU right, title and interest it has
or may have pursuant to that certain Collier County 1DR 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 ofFlorida,
dated November 16, 2006, recorded Deccmbcr 21, 2006, in Official Records
Book 4157, Page 3578, of the Public Records of Collier County, Florida.
Page 6 of I I
16A 4
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 Eascment
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 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 CoJJier County TDR Conservation Easement
granted by George D. Thomson, Trustee Under Land Trust Agreement dated Junc
23,2004 to Collier County, Florida, a political subdivision of the State of Florida,
dated October 26, 2006, recorded December 21, 2006, in Official Records Book
4157, Page 3600, of the Public Records of Collier County, Florida.
24. Assignor does hereby assign to Assignee any and all right, tille and interest it has
or may have pursuant to that eertain ColJier County TDR Conservation Easement
granted by Gcorge D. Thomson, Trustee Under Land Trust Agreement dated June
23, 2004 to Collier County, Florida, a political subdivision of thc State of Florida,
dated July 21, 2006, recorded January 12,2007, in Omcial Records Book 4168,
Page 2430; re-recorded January 29, 2007, in Official Records Book 4175, Page
635, both of the Public Records of Collier County, Florida.
25. Assignor understands 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 as
deseribed in Collier County Growth Management Plan and Section 2.03.08 ofthe
Collicr County Land Development Code, or tbe terms of the recordcd TDR
Collier County Conservation Easements described above.
26. 'Thc Assignee is acquiring the subject property for the purposes or eonservation
and preservation pursuant to Article X, section 18, Florida Constitution, and
chapters 253 and 259, Florida Statutes.
Page 7 of! 1
16A 4
27. This 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 prese ce f:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY
By itt. -1.. ~.k
DO FIALA, C RMAN
ignatu of First Witness)
;J;; rcl4^J b VJ\ b I rv e..--
(printed Name of irst Witness)
(Official Seal)
LJ IJ/l7 d/(r.1-.~
(Signature of Second Itness)
.jMr.:k~ i"cL
(printed Name of Second Witness)
ATTEST:
DWIGHT E. BROCK, Clerk
,
By:
Signapxe'ciDepti~ I k
N\~.'vit,(6jta:~ ~
PrUited Na,me Of~P'ufy Clerk
. . .
At. .,it till..,
.i,..__, ~!:~.;,:".
.. ""~i ,i f ' . .,
Page 8 of Il
16A 4
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this Mf,day of ::rUIv€>
2009, by Donna Fiala, as Chairman of the Board of County Commissioners of Collier County,
Florida, on behalf of said board. SHe is personally known to me.
~~
(NOTARY PUBLIC SEAL)
STATE OF FLORIDA
(Printed or Stamped Name of Notary Public)
Commission No.:
My Commission Jcj)ires:
"~~''':'\'1~, CAROlYNSUEAlSON
\;,\ j" MY COMMISSION # DO 748730
" .' ~XPIRES: Ap#128 2012
I.. Tl1I\1NoIItyPt4lllo~IWrIte"
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this !liL. day of Jvt; ,
2009, by fY1 o.r+fy-~ V 1!(~ o~ , as Deputy Clerk of Collier County, Florida, n behalf of
the Clerk, Collier County, lorida. He/she is personally known to me.
4::;t~,. WANDA RODRIGUEZ
i"~'" CommissIOn DO 631743
~;" ; i Expires January 21, 2011
~''''iI,iff., :. ~ BondedThruTroyFaln!nlurwloe8OO-38&-7019
.
~ /
4 VfrYA1}
NO""''''''lk ~ (j
(NOTARY PUBLIC SEAL)
(printed or Stamped Name of Notary Public)
Commission No.:
My Commission Expires:
Approved as to form
and legal sufficieney:
~..., 1
JL ? L.0 xL
Steven T. Williams
Assistant County Attorney
~
Page 9 of 11
16 A 4
ASSIGNEE
Signed, sealed and delivered
in the presence of:
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
Lf!'d If :r. t1".,~
(P led Name of First W ss)
rD. oppell, Director
,vision of State Lands, Department of
Envirolllllental Protection, as agent for and on
behalf of the Board or Trustees of the Internal
Improvement Trust Fund of the State of Florida
1if1.4 \I. .h~
( gnature of Pirst s)
t.. Si itness)
,~..; fn~(r~
(Printed Name of S eond WItness)
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this9i!l. day of tJc..-hM,r,
2009, by Deborah D. Poppell, Director, Division of State Lands, Department of Envirolllllental
Protection, as agent for and on bebalf of the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida. She is personally known to me.
(NOTARY PUBLIC SEAL)
.~~. LYNDA I. GODFREY
W": :.\ Commission DD 755865
. . :; Expires February 6, 2012
-,P,..Ot BondtdThn.JT~~Fainhunnle8OO-3ll5-101'
~dLV. ~~
Not y Public
(Printed or Stamped Name ofNo\ary Public)
Commission No.:
My Commission Expires:
Approved as to Form and Leg~li ..
By: I~ C.
William C. Robinson, Jr.
Senior Attorney
Date: It? - f~ol
Page 10 ofl!
Signed, sealed and delivered
in the presen
$A./l1{ IJ. R..c>bbk)S
Printed namc of First Witness
c6~- --rS ~~~-
(Signature o. ccon ttness)
gONN/E rll/#II&$
Printed namc of Second Witncss
STATEOFFLORlDA
COUNTY OF
\..u.--
16A 4
PROPERTY OWNER
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
By:
~
The foregoing instrument was acknowledged before me this (., <'1{ day of
~ ~ ____ _, 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 RCP!rE Management, LLC, a Florida limited liability company, which
limited liability company is acting in its capacity as the General Partner of The Estates at
TwinF..agles, Ltd., a Florida limited partnership, on behalf of said limited partnership. She is
personally known to me
(NOTARY PUBLIC SEAL)
0) IMLYl.ILACKIIOIIE
~~._ol_
. . _c... . . ...._21.3111
Cl 111'0" . DO 7tGtU
...,.....-..-,-
~,..~
Notary PUblic I
Sally L. Blackmore
(Printed or Stamped Name of Notary Public)
Commission No.: ~\) '1'lcs ~ Ii '3
_ Y Commission Expires: S,~ d\, ~<~
Page 11 of I I
EXHIBIT "A"
Parcel 1 (Garcia)
The East Half of the Northeast Quarter of the Northeast Quarter of Section 21 ,Township
50 South. Range 27 East, Collier County, Florida-
'Parcel 2 cr....-ra)
The West Half of the East Half of the Southwest Quarter of the Southeast Quarter of
Section I I. Township 50 South, Range 27 East, Collier County. Florida, Less and Except
the North 30 Feet.
Parcel 3 (Oi.,...)
The Northwest Quarter of the Southeast Quarter of the Northeast Quarter of Section 12,
Township $0 South. Range 26 East, Collier CoWlty, Florida-
.,l'arceI4 (fractl-SuddatIu)
The-North Half of the North Half of the Northeast Quarter ofSecnon 26, Township 50
South, Range 27 East, Collier County, Florida-
Partel 5 (f=l I - Sud4ad1i)
The South Half of the South Half of the Southeast Quarter ofSecuon 23, Toymship 50
. South, Range 27 East, Collier County, Florida
Parcel 6 (Su_ 2)
The South Half of the South Half of the Southwest Quarter of Section 2:>, Township 50
South, Range 27 East, Collier County, Florida-
Parcel 7 (UndahQ
.The South 326.15 Feet 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 (Kolk:f-l)
The East Half of The South Half of the South Half of thll Northwest Quarter of tho!
Southeast Quarter of Section 15, Township 50 South, Range 27 East, Collier CoUl\lq',
Florida- '.
PareeI 9 (KOller - 2)
The West Half of the Southeast Quarter of the Southwest Quarter of the Northeast
Quarter, Section 26, Township 50 South, Range 27 East, Collier COWltry; Florida-
BSM:?
DATE: 2-12-2009
,
We Meade
Twici SagJ"
ParccIs 296. Ll84. UlBS. L233. l.21a, l.219, 234, Lt95, mB. 112. L247.l.240.l.203. L159. 475. 536A,536B, S36C, S36D.536E,
536F. L233. 391. 535. 514.1. 514.2, 187. 513.1. m.2, 513J. L222. 370. 295. 351.
Page I of4
16A 4
Parcel 10 (H",,)
The East Half of the Southeast Quarter of the Southeast 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 I I (Mcthf=l)
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.
~D .
The Wcst Half of the Northeast Quarter of the Northeast Quarter of the West Half of the
South Half of Section 30, Township 50 South, Range 27 East, Collier County, Florida
P~e112 ~O~~
iThe West HaIf of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter
of Section 27, Township 50 South, Range 27 East, Collier County, 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 HalfofSection 15, Township 50 South, Range 27 East, ColIier
County, Florida. .
Parcel 14 Q~o~
The Southwest Quarter of the Southwest Quarter and East Half of North west Quarter of
Southwest Quarter, both in Southeast Quarter ofSeetion I I, Township 50 South, Range
27 East, Collier County, Florida
Parcel IS (Waltoo)
The East Half of the Southeast Quarter of the Southwest Quarter of the Northwest
Quarter of Section 20, Township 50 South, Range 27 East, Collier County, Florida.
'Parcel16 (PaleI-5)
::IlIe South 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, Colliet-Country,
'Florida.
Parcel 17 (Palel- I)
The North Half of the South Half of the West Half of the Northwest Quarter of the
Northeast Quarter ofSeetion 2, Township 51 South, Range 27 East, Collier Country,
Florida
,
8SM: ~_
DATE: 2-12-2009
Bdlc Mcod<o
Twio Eqko
Parcel$ m. LI34. WIS. L233.1..218.1..219. 234. LI9S. mD, 112, L247. L240.1..203. Ll59. 475. 536^-5368. 536C. 5360. 53/iE.
536F. 1.238. 391. 535. 514.1. 514.2, 187.513.1.513.1.513.3. L222, 370.195. 351.
1'og<2oC4
16A 4
,
16A 4
Parcel 18 (Patd-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 (paId-4)
The North Half of the North Half of the West Half of the Southwest Quarter of the
Northeast Quartet of Section 2, Township 51 South, Range 27 East, Collier County,
Florida.
/
Parcel 20. (McQady)
The NorthRalf of the North Halfofthe West Half of the Northwest Quarter of the
. Northeast Quarter of Section 2, Township 51 South, Range 27 East, Collier County,
Florida.
Parcel 21 (paid - 2)
The North Half of the South Half of the West Half of the SouthwesfQuarter of the
Northeast Quarter of Section 2, Township 51 South, Range 27 East, ColIierCounty,
Florida. '
Parcel 22 (l!&L - I)
The West Half of the NorthwestQuarter of the Northeast Quarter of the Southwest
Quarter of Section 26, Township 50. South, Range 27 East, Collier Country, Florida.
Parcel 23 (l!&L - 2)
The East Half of the SouthWest Quarter of the Northwest Quarter of the East Half of the
South Half of Section 30, Township 50 South, Range 17 East, Collier County, Florida.
Parcel 24. (Maloney)
The Northeast Quarter of Section 31, Township 50. South, Range 27 East,Collier
Country, Florida.
Parcel 25 (B_1 Diat- !)
The NorthWC$t Quarter of the NorthWC$t Quarter ofSeetion 26, Township 5Q South,
Range 27 East, Collier Co.unty, Florida. .
Parcel 26 (B.../D~-2)
The North Half of the North Half of the Southwest Quarter of the Northwest Quarter of
f Section 26, T owilship 50 South, Range 27 East, Collier County, Florida.
Parcel 27 (B....-O)
The NorthWC$~uarter of the Northwest Quarter of the Northwest Quarter of Section It,
Township 50. South, Range 27 East, CoJlier County, Florida.
85M: ?
DATE: 2-12-2009
DetI.Meade
Twill Eogles
P...,u 296. LI84.1.I185, 1233. 1218, 1219, 234,1..195. 173D, 112, L247, L240. L203, 1..159, 475, 536A,536B, 536C.136D. 136E.
S36F. 1.238. ]91. 535. 514.1. 514.2, 187,513.1.513.2,513.3,1222, 370, 295, ]5L
l'>,gc3of4
. .
16A 4
Parcel 28 (B...-I)
The East Half of the Southwest Quarter of the Northeast Quarter of the Southeast
Quarter, Section 22, Township 50 South, Range 27 East, Collier County, Florida
AND (Ba<:z - J)
The Northwest Quarter of the Southeast Quarter of the Southeast Quarter of Section 22,
ToWnship 50 South, Range 27 East, Collier County, Florida
AND (ll...-jl)
TIti: Northeast Quarter of the Southeast Quarter of the Southeast Quarter of Section 22,
Township 50 South, Range 27 East, Collier County, Florida.
Pucel29 (B...-~
The East Half of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter,.
Section 22, Township 50 South, Range 27 East, Collier County, FloridlL
Parce130 (B...-5)
The West Half of the Southeast Quarter of the Northeast Quarter ofthe'Southeast Quarter
. of Section 22, Township 50 South, Range 27 East. Collier Courity, Florida.
ParCel 31 (NewllOpo/_-I)
The North HaIfofthe Northwest Quarter of the Southeast Quarter of Section 27,
ToWnship 50 South, Range 27 East, Collier County, Florida
\
'Puce132 (New HOjl<</B...-,2)
The East Half of the North Half of the North HaIfaf the Southeast Quarter of Section 23,
Township 50 South, Range 27 East, Collier County Florida.
Parcel 33 (p<oI<r)
The Southwest Quarter of the Southeast Quarter of Seeti.on 20, TOWllship 50 South, .
. Range 27 East, Collier County; Florida.
Parcel 34 (Koth)
The South Half of the Southwest Quarter of the Southwest Quarter of Section 26,
Township 50 South, Range 2"7 East/Collier County, FloridlL .
,
B5M: ..?
DATE; 2-12-2009
,
Belle M<ade
Twiol!o&lcs
P- 296. LlM, LOll$, l.233. L2II, L219, 234, Ll9l, 1138, 112, L2A1, L240. L201, LI:ilI. 475. 536A,536B. 536<:. 5360. 536E.
536F.l.23I, 391. 535, 5]4.1, 514.2, 187,513.1.513.2.5133. L222, 370. 295. 351.
l'llge 4 of'
W. CRIT SMnli
DANIEL E. MANAUSA
SCSAN S. THOMPSON.
ANDREW J. POWER
SMITH, THOMPSON, SHAW & MANAUSA, P.A.
AlTORNEYS AT LAW
FOURTH FLOOR
3520 THOMASVlLLE ROAD
TALLAHASSEE. FLORIDA 32309-3469
16A 4
FRANK S. SHAW, III
DAVID K. MINACCI.
SHAWN P. GOLETl
MARY W. COLON
(850) 893-4105
FAX (850) 893-7229
..<\L'lO ADMITTF.U IN GEORGIA
October 22, 2009
Ms. Martha Vergara, Deputy Clerk
Minutes & Records Department
3301 Tamiami Trail East, Bldg. F
Altn: BMR
Naples, FL34112
Re: Belle MeadeIThe Estates at TwinEagles, Ltd.
Donation to the BOTIITF
Our file no. DEP-614
Dear Mr. Vergara:
As requested, I have enclosed the original recorded Assignment and Assumption Agreement
between Collier County and the Board of Trustees of the Internal Improvement Trust Fund of
the State of Florida to be kept in the County's official records.
Thank you again for all your assistance in this malter.
SinCerelY,. l!-
e J
.~~~
() 01
'--;tllnet Engles
Closing Officer
Enclosure as stated above
SMITH, THOMPSON, SHAW & MANAUSA, P.A.
JANET ENGLES
REAL ESTATE CLOSING OFFICER
(850) 893-4105
Fax (850) 893.7229
E-mail: janete@stslaw.com
3520 THOMASVILLE ROAD
FOURTH FLOOR
TALLAHASSEE, FL 32309-3469