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Agenda 10/28/2008 Item #16A12 Agenda Item No. 16A12 October 28, 2008 Page 1 of 26 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 property owned by Naples Reserve LLC, in Section 31, Township 50, Range 27 East, 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 of the 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 Florida Department of Environmental Protection (FDEP) relating to property owned by Naples Reserve LLC, in Section 31, Township 50, Range 27 East, 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 2.03.07.004 and 2.03.08 of the Land Development Code, CONSIDERA TIONS: - On June 24, 2008, the BCC was provided an update to the status of issues related to 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. During the staff briefing with the BCC, staff had identified three barriers preventing sending land owners from obtaining the fourth bonus TDR credit, the conveyance bonus. The Conveyance TDR Bonus is granted to those property owners who first have an approved Restoration and Perpetual Management Plan and then convey the property to a locaL state, or federal government agency by gift. A residential density bonus is granted at a rate of 1 dwelling unit per 5 acres (0.2 du/ac,) or legal non-conforming lotiparcel of record, To comply with Section 2,03.07,Do4.b.vii,h of the LDC, property owners must encumber their property with a TDR Conservation Easement. At the June 24lh briefing, three obstacles were identified by staff, which prevents a property owner in the Sending Lands from attaining all the conveyance TOR bonus credit: 1, Through discussion with the FDEP, the County has been informed that the only manner in which the FDEP would acquire property is through unencumbered fee simple acquisition, However, in order to participate in the base credit TDR program, a limitation of development rights agreement (LDRA) (formerly a conservation easement) is entered ~. Agenda Item No. 16A 12 October 28. 2008 Page 2 of 26 into to limit the development potential associated with the land, It is this restriction which has prevented the FDEP from acquiring sending land parcels. 2, Another conflict sits with the Transportation Services ability to plan for roads within Sending areas for the Long Range Transportation Plan (LRTP) and the uncertainty associated with having to impact state owned lands within the Sending Areas, 3, Requirement that an approved Restoration and Maintenance Plan be approved by the County's Environmental Services Department. An approved Restoration and Maintenance Plan (third bonus TDR credit) must be in place before an applicant can receive the Conveyance Bonus TDR credit. This Executive Summary relates to property owned by Naples Reserve LLC, but provides for the consideration of a mechanism to eliminate the issue of conveyance of unencumbered land to the State. FDEP acknowledges that the proposed assignment agreement is sufficient for the State to accept the conveyance of lands subject to the existing Conservation Easement or Limitation of Development Rights Agreement recorded in accordance with the Collier County Transfer of Development Rights program, The Agreement would assign 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 intact. .,-. It should be noted that barrier three has been resolved with the approval of the Picayune Strand Management Plan for propeliies in the South Belle Meade Sending Area, allowing property owners to utilize the Restoration and Maintenance bonus credit provided for within the Rural Fringe Sub-District regulations, 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 will be provided for with the BCC direction to staff to utilize the assignment agreement for properties within the Sending Lands proposed to be conveyed to the FDEP, LEGAL CONSIDERATIONS: .-' The TDR conservation easement satisfies the requirement of the Transfer of Development Rights program contained in Sections 2,03.07.DA.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 TDR 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 Agenda Item No. 16A12 October 28, 2008 Page 3 of 26 easement because when the State of Florida becomes the record owner of the property and the ho lder 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 ready for Board consideration and approval. -- HF AC RECOMMENDATION: Staff requests that the BCC approve the assignment agreement for the Naples Reserve property within the Rural Fringe Sending Lands proposed to be conveyed to the FDEP. PREPARED BY: Mike Bosi, AICP, Community Planning Manager, Comprehensive Planning Department - Item Number: Item Summary: Meeting Date: Page ] of 2 Agenda Item No. 16A 12 October 28,2008 Page 4 of 26 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1 6A 12 Recommendation that the Board of County Commissioners provide staff direction related to a proposed assignment agreement vehicle between the County and the Florida Department of Environmental Protection (FDEP), 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 203.08 of the Land Development Code, (Naples Reserve) 10128/20089:0000 AM Prepared By Mike Basi, AICP Community Development & Environmental Services Principal Planner Date Zoning 8. Land Development Review 10/212008 9:32:33 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin, Date Approved By 1011012008 9:07 AM .."".-.", Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin, 10/11120087:09 PM Approved By Heidi F. Ashton County Attorney Assistant County Attorney Date County Attorney Office 10/15/20084:25 PM Approved By Randall J, Cohen Community Development & Environmental Services Comprehensive Planning Department Director Date Approved By Comprehensive Planning 10/16120088:39 AM OMB Coordinator Administrative Services Applications Analyst Date Approved By information Technology 10/16/200810:38 AM Mark Isackson -' County Manager's Office Office of Management & Budget 10/16/20082:42 PM Approved By Budget Analyst Date file:IIC:\AgendaTest\Export\115-0ctober%2028,%202008\ 16.%20CONSENT%20AGEN... 10/22/2008 Page 20f2 Agenda Item No, 16A12 October 28, 2008 Page 5 of 26 James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/2012008 10:43 AM ,."..... ,....-'~" file:I/C:\AgendaTest\Export\ 115-0ctober%2028,%202008\ 16.%20CONSENT%20AGEN... 10/22/2008 Agenda Item No. 16A 12 October 28, 2008 Page 6 of 26 This instrument prepared by and return to: ******* ASSIGNMENT OF CONSERVATION EASEMENT THIS ASSIGNMENT AGREEMENT is made and entered into this _day of , 20_, between Collier County, a political subdivision of the State of Florida (hereinafter referred to as "Assignor") and the Board of Trustees of the Internal Improvement Trust Fund of the State 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"). RECITALS WHEREAS, Naples Reserve LLC is the owner of certain real property described in Exhibit "A" of this Agreement (hereinafter the "Property"); and WHEREAS, Procacci Bros. Sales Corporation, a Pennsylvania corporation, the prior owner of the Property, has conveyed to Collier County a TDR Conservation Easement dated October 3, 2005 and recorded in Official Record Book 4030, Page 804, et seq. of the Official Records of Collier County, Florida (hereinafter "Easement") pursuant to Subsection 2.03,07.D.4.f. of the Land Development Code; and WHEREAS, the Assignee desires to purchase the Property but will not acquire the Property subject to the Easement. 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 in the Easement. Page 1 of3 Agenda Item No, 16A12 October 28, 2008 Page 7 of 26 2. Assignee represents that it is acquiring the subject property for the purposes of conservation and preservation pursuant to Article X, Section 18, Florida Constitution, and Chapters 253 and 259, Florida Statutes. 3. This assigrunent is without recourse against the Assignor, IN WITNESS WHEREOF, the undersigned has set its hand and seal the date and year first written above. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TOM HENNING, Chairman WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (1) Signature By: Signature Printed/Typed Name Printedffyped Name (2) Signature Printed/Typed Title Printed/Typed Name Page 2 of3 Approved as to form and legal sufficiency: Heidi Ashton-Cicko Assistant County Attorney @ Agenda Item No. 16A 12 October 28,2008 Page 8 of 26 Page 3 of 3 LEGAL DESCRIPTION TJolIS IS NOT A. SURVEY LEGM. DESCRIPTION (SENDINC lANDS PARCn.) A PARc;a or Lt.NO lYlNG IN SECTlOH 31. TOWNSHIP 5Q SOUTH. RANCE: 27 EAST, COLUER COUKTY. flORIDA. BEING "OR( 'PNmCUlJ.RLY DESCRlBto AS rou.ows: llECINNlNG AT TKE ~lITHWEST CORNER or SAID SECT10H 31, SAID POINT BEING TKE POINT Of BmlNNINC OF THE SF:NOINC lJoNOS PARctL HEREIN OCSCRlllED: TKEHCE ALONG THE WESTtRlY UNE OF THE SOUTHWEST 0UAAlUl or SAlD SECTION 32, NOC1I9'2!i"[, FOR 2,6l12.$4 FEET: THENCE lLAYlNG SAIl) WESTF.Rl Y LIE: ANO ALONe M EAST /WEST OUARTtll LINE N89"47'53"E. fOR S,8OW.05 F'EET, TO A POfHT OF INTERSECTION WITH '!lIE EASTERlY UHF; OF THE SOUTHEAST QUAATER Of SAID SECllON 31; THENCE LtA\IIN(i THE: EASTERLY UN[ or SAIl SECTION 31, S!O'C5'42"W. FOR 1.548.55 f'EET; THENCE S42'OS'52"W, FOR 2.J4HS fEET. TO A POINT Of INTEHSECTION WITH THE SOtmtERl. Y UN[ or THE SOUTKEAST OUAInER OF SAID SECTION 3': THENCE AlONG niE SOlfTHERt Y UNE or fH[ !WI) ~ QUNlTEfI. NlIll"36'OI"W, FOR 123.16 FEET. TO TKE SOUTK C\JAR1ER or SAID SECTiON 31; lllENCE AlJ)NC THE SOUTHERl. Y UHf Of THE SOUTHWEST ClU.f.RTER Of SAID SECTION Jl. N8ll"24'5J"W, FOR 2,140.52 FU:T; TO TllE POINT OF BEGlNNIHG Of THE SENDING LANDS PARCEl. DESCRIBW HEREIN. CONTNNlNG 11.222.798 SQUARE F'EET OR 257,1>4 ACRES. "ORE OR LESS. SUBJ€:CT TO EASEMENTS AND RESTRICTIONS Of RECORD. STATE P\,,\NE COORDINATE, EAST ZONE 19S3 62711 PR[PARf)) FOIl: CUt.F COAST D;:vEI.OP"ENT CROUP, LLC &.~.., a .......... ~- ~. ~;';;Il:'..' _ .... Exhfbit "A" rage 1 of 2 Agenda Item No. 16A 12 October 28,2008 Page 9 of 26 DOllI :4fJf--~- JIII6IB """~ stc11DM a. -I . '~.I SOU'IH, lWICl . II EI\ln & _.!!!t..!.J.!:.. . i.1Wa SKETCH TO ACCOMPANY LEGAL DESCRIPTION llilS IS NOT A SUR'\IEY P.CJ.8. S(~ ~, _ SO SOUTH, MlClE 21 [ArT ._..~... ......,.... .~ :$ g ~ rMllIE IlIllED Ulit lII$'IIIIc:T _ UNDI IWICEL !iEC'l1CM ::n, TtJlIIIIP 10 1OUl'Il. IW<<lt 11 NT 2111$4 HlIlD +/- . _. ~ " '>;1.11 .~ . - (\.~ i ~~ I ~ ',~ i lIECI'MloICI " I.NIDS I'NlCI!1 -=- 31, :\. i =--a....: ... ,"'It. .!! ee.t~7:: +/_ ,. ~ ~ ~) , I an1'w '" 17....... I ............." _ Jll ~.. + SEC'lIOIl JZ, 'ItIWIoI!IHP 10 IIOUllI. tI.loMa( 21 DST D I IOD 'lIDO IIIjII _ , , 5iiii I . ICI&e '" - IllDO' ~E .- - ! IlElOlllNllEJt 01' !IECTlllN 31, TOIIIGHP 10 SOU1Ii. IWICE 21 lAST - I-I I ..."Jlti - ="I- .-- IF'". .--...- iWA... --- BJ/Jl:1lr1 t " A" '8se 2 of 2 Agenda Item No. 16A 12 October 28, 2008 Page 10 of 26 - Prepared without opinion of title by, and after recording return to: Douglas A. Lewis, Esquire Roetzel & Andress. L.P.A. Trianon Centre - Third Floor 850 Park Shore Drive Naples, Florida 34103 Tel. 239-649-6200 3832008 OR~g;e~t1~~'8~~i RBCOROED in O~FICIAL RECORDS of au~iR100~6 PL 05/03/2006 at 12:39PM VWIGHT E. BROCr.. CLERK HEC FEE DOC-,70 COPIES MISe 86.50 .70 10,90 1.50 "v~ Retn:ArTN:JOB THOMPSON COMPREHENSIVE PLANNING DEPT 2aOO N HORSESHOB OR NAPLES PL 34104 COLLIER COUNTY TDR CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is conveyed this 3-day of ecibben005, by Procacci Bros, Sales Corporation, a Pennsylvania corporation, Vkla NFV Corporation, a Plorida . corporation, having a mailing address of 7 r \J; ('] f' J ftl",y d s I ,;;z. . r\ I 1 ~ r. i' ~._ r';'~ .L.'J (._1,1..</ ' ,_I U-i..11 t:" ,t-!... j , S<fIlCj ('"Grantor"), to Collier County, Florida, a political subdivision of the State of Florid~ having a mailing address of '~~\:)\ E. .""'\.c>-~'" C>-~, _ COWlty). , Naples, Florida c..t:,\"~"(the REelT ALS A, The County has adopted amendments to the Future Land Use Element of the Collier County Growth Management Plan ("FLUE Amendments") that are designed to prevent the premature conversion of agricultural lands to other uses and to direct incompatible uses away from wetlands and upland habitat in order to protect water quality and quantity, to maintain the natural water regime, and to protecllisted species of fish, plants and wildlife and their habitats, B. The FLUE Amendments delineate a Transfer of Development Rights ("TDR") process in order to provide an equitable method of protecting and conserving the most valuable environmental lands, including large connected wetland systems and significant areas of habitat for listed species of fish, plants and wildlife, while allowing owners of such lands to recoup lost value and development e FORMTDR2 480239 I ~ ~ . OR f..Q~~da Item No. 16A 12 : lfUJU ~berf'mY.lI{008 .. ~ag~ fw!~ e:lf 26 potential through an economically viable process of transferring the development rights in such lands to other. more suitable lands. C. The Transfer of Development Rights process permits a landowner to sever development rights attacbed to the servient lands for transfer as developer credits (verified and registered ,"vith the County) (the "TDR Credits") to other lands more suitable for development. A condition precedent to the establishment of the TDR Credits is the grant of a Conservation Easement impressed upon the Sending Lands (as hereafter defined) that restricts uses of such Sending Lands to those uses permitted under Subsection 2.03.08 A.4.b of the Collier County Land Development Code. D. The FLUE Amendments include establishment of a land use classification system identified as Sending Lands within the Rural Fringe Mixed Use District ("Sending Lands"). The Sending Lands classification includes those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and/or habitat for listed plant and animal species, such that the Sending Lands are principal targets for preservation and conservation. E, Grantor is the owner in fee simple of certain real property in Collier County, Florida, more particularly described in Exhibit n I n attached hereto and incorporated by this reference ("the Peoperti} As of the effective date of this Conservation Easement, the Property is designated as a Sending Land on the Future Land Use Map of the Collier County Growth Management Plan. F. Grantor desires to sever the development rights from the Property and to establish TDR Credits therefore in the manner specified in the Collier County Land Development Code, G. County and Grantor have agreed that it is appropriate to maintain the Property predominantly in its natural, open, agricultural or wooded condition and to retain such areas as suitable FORM TDR 2 2 480239.1 . - e OR: 40J&e~~~_:~~6~ Page 13 of 26 habitat for certain species of fish, plants and wildlife by restricting the uses on the Property to those set forth in Section 2.03.08 A.4.b of the Collier County Land Development Code. County has agreed to recognize and register 51.53 TDR Credits in exchange for the creation and conveyance of the Conservation Easement on the Property. H. Ibis Conservation Easement is made pursuant to, and in full compliance with, the IDR process established in the FLUE Amendments and Subsections 2.03,07 D.4,f of the Collier County Land Development Code to enable the transfer the TOR Credits to other lands and to impose the Conservation Easement on the Property. AGREEMENT In consideration of the mutual covenants, terms, conditions and restrictions contained and imposed by this Conservation Easement, including, but not limited to, the severance of development rights from the Property and the creation of IDR Credits, the parties agree to the following tenns and conditions: 1, Recitals, The parties acknowledge that the foregoing recitals are true and correct. 2. Conveyance. Grantor hereby gives, grants, bargains, sells, and conveys to the County, and its successors and assigns, forever, a perpetual Conservation Easement over and across the Property, subject to the tenns and conditions stated in this instrument and Grantor fully warrants the title to such Conservation Easement and will defend the same against the lawful claims of all persons whomsoever. FOR'\1 TDR 2 3 480239" 1 ~ .-9 ~ OR: 4 0-a~d~G~mo-M f6A 12 October 28,2008 Page 14 of 26 3. PUlpose. The purpose of this Conservation Easement is to restrict the development and use of the Property, from which TDR Credits have been severed, in order to promote the protection and conservation of valuable environmental lands and to protect against the premature conversion of the Property from agricultural use. 4. Reserved Ricl1t of Possession. Grantor shall have the right to sell, give, or otherwise convey the Property or any portion of the Property, subject to the terms of this Conservation Easement; provided, however, the instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to all of the terms and conditions of this Conservation Easement, and the instrument of conveyance shall incorporate this Conservation Easement by reference, specifically setting forth the date and page of its recording; provided, however, that the failure of any such instrument to comply with the provisions of this paragraph shall not affect the County's rights under the Conservation Easement. 5. Prohibited and Allowed Uses: Grantor and its successors and assigns may use the Property only for uses allowed in Sending Lands where residential density has been transferred, as set forth in the Collier County Growth Management Plan and Subsection 2.03.08 AA.b of the Collier County Land Development Code. 6. Effective Date. This Conservation Easement shall be deemed effective upon the date of its recordation in the Public Records of Collier County. Florida. Prior to the Conservation Easement being effective, the Grantor hereby agrees that it shall not allow any activities on the Property which are contrary to the terms and conditions contained in this Conservation Easement. FORM TDR 2 4 480239.1 . -- - OR: 403~np~~~~~:~6~ Page 15 of 26 7. Enforcement. Pursuant to Section 704.06, Florida Statutes (2003) and the Land Development Code of Collier County, the terms and conditions of this Conservation Easement may be enforced by the County or its respective successors and assigns. This Conservation Easement may be enforced by injunction or proceeding in equity or at law. TIle ownership of this Conservation Easement by the County or the attempted enforcement of rights held by the County shall not subject the County to any liability for any damage or injury that may be suffered by any person on the Property or as a result of the condition of the Property. 8. AssiQ111tlent. In the event that the County changes its corporate structure, terminates its existence, or takes any other action that would make County no longer qualified to hold this Conservation Easement pursuant to Section 704.06, Florida Statutes (2003), then County shall immediately assign this Conservation Easement to another governmental body or agency or a charitable corporation or trust as described above who is entitled to hold this Conservation Easement pursuant to Section 704.06, Florida Statutes (2003). 9. General. This Conservation Easement is granted pursuant to the Collier County Land Development Code, and shall be interpreted in accordance with laws of the State of Florida. All headings contained herein are for informational purposes only and shall not be construed as defining or limiting the terms of this Conservation Easement. 10. County's Discretion. The County may enforce the terms of this Conservation Easement at its discretion, but if Grantor breaches any term of this Conservation Easement and the County does not exercise its rights under this Conservation Easement, the County's forbearance shall not be construed to be a waiver by the County of such term, or of any subsequent breach of the same, or any other term of this Conservation Easement, or of any of the County's rights under this FOR1"1 TOR 2 5 480239. ] ~ .~ "1 OR: 4~~d~G1m ~80-Q;A 12 October 28,2008 Page 16 of 26 Conservation Easement. No delay or omission by the County in the exercise of any right or remedy upon any breach by Grantor shaH impair such right or remedy or be construed as a waiver. The County shall not be obligated to Grantor, or to any other person or entity, to enforce the provisions of this Conservation Easement. 11. Rights of the Public. Nothing contained in this Conservation Easement shall give or grant to the public a rigbt to enter upon or to use the Property or any portion thereof where no such right existed in the public immediately prior to the execution of this Conservation Ea<>ement, except as may be granted or expressly authorized by Grantor. 12. J.-imitation or Severance of Invalid Provisions. If any provIsIon of this Conservation Easement restricting Grantor's activities is determined to be invalid or unenforceable by a court, such provision shall not be rendered a nullity if the provision can be reduced or limited to the extent that the court determines will make it enforceable and effective. If any provision of this Conservation Easement is determined to be completely invalid or unenforceable by a court, such provision shall be severed from the other provisions, and the remaining provisions shall remain enforceable and effective. 13. Modifications. This Conservation Easement may be modified only upon the written consent of both Grantor and the County, or their respective heirs, representatives successors or assigns; provided, however, no modification of this Conservation Easement may be made that would result in this Conservation Easement failing to qualify as a valid conservation easement under Subsection 2.03.07 DA.f.ii(a)(iii) of the Collier County Land Development Code. 14. Recording. The County shall record this Conservation Easement in timely fashion in the Official Records of Collier County, Florida, and may only rerecord it after the County has provided FORM TDR 2 6 480239 1 OR: 4 Oi@nMten06d.fb 6A 12 .. cJctober ~tY, 2008 Page 17 of 26 _ Grantor with a Severance of Transfer of Development Rights (TDR) Credit Certificate showing 51.53 TDR Credits in favor of Grantor. Grantor, or such person to whom the Grantor conveys the TDR Credits severed from the Property, shall pay all recording costs and taxes necessary 10 record this Conservation Easement for the tirst time in the public records. 15. Successors. The covenants, tenns, conditions and restrictions of this Conservation Easement shaH run with the title to the Property and shall be binding upon, and inure to the benefit of, the respective parties hereto and their respective personal representatives, heirs, successors and assigns and shall constitute as a servitude running in perpetuity with the title to the Property. IN WIlNESS WHEREOF, Grantor and the County have executed this Conservation Easement on this day and year first above written. e Executed and delivered in our prescnce Jl~ Signature: " --::- .. ~ Print~d Name:r ;5 :,~~~'\ "(j C{r~~' S. :.'------:::::-iO:)---..LW~_=.::t: .f1/( / 19:Ilmure: J 7~/Ji.""~. . .)f./.!".L 'It.Y.~-yJ Printed Nmne:' T1NJ::lt ht. ''RAi,cFU' .., GRANTOR: Procacci Bros. Sales Corporation, a Pennsylvania corporation, fi'kla NFV Corporation, a Florida corporation Signature: J Printed Name: ... j:~ (". .J' ~ .ti' F'I I .!i ," .....,- ! V \ .! 'I! nJ" ,-',j:r i .-J~.r--...\ I ''''-:~) E......;;_ ~__L~~..,~ ~ President . .,r/' STATE OF FLORIDA\ COUNTY OF CD 1 \ ; J2.Y The forego ing inSJrUme1 w'l' acknowledged hefore me this J st day of j\J vl/. , 2005, by M.c'v...e\ ~a..Cl; b~ , ofProcaccl Bros. Sales Corpo~, a Pennsylvania corporation, :fJkIa NFV Corporation, a Florida corporation, ~ who is personally known to me or L-> has produced as identification. /~--. Notary Public, State of Florida at Large My Commission Expires: Commission No. e FORM TDR 2 ?Jl'NIlII""''1_.r<J.......~~tt~~~:I>',., "":.,.,~.";7-.;7;~."".,...n....~ . RD""" I "..~., .-<! . t I"!S""'!'-'.,. .. - , c'OI'"~;~ DD0301 zoo ~ :: 1-.... ~{"'" E:.::.;~I;-G.l 3l1S12Q08 ~ t.~._~~;f~~...:;:;.~~:~ L~:~:::~ J;!: j 7 480239.\ ~ -., .~ STATE OF FLORIDA COUNTY OF COLLIER OR: %s~~te~~i~6~ Page 18 of 26 GRANTEE: Board of County Commissioners of Collier County, FIojida By: f;J J P- Randall Cohe~, Director Comprehensive Planning . Department The foregoing Collier County TDR Conservation Easement was acknowledge before me this _ day of , 2006, by Randall Cohen, Director of Comprehensive Planning Department, on behalf of the County, He is personally known to me. (Notary Seal) Approved as to form and kgal ::;um,,~icncy: ".. I Ii / '/ I ~, /~. I ",1' ) ,. ,', f ' ___ I r-.J ' I'.' -". t .1' f_~'J __, ~~ l i . } /' 'r1:o.- "'~-r:..-.' /~..i'..'-'" J ,., 'l.t' , .''1'. . .---..... r-". " S';t.:v~~Ii Griffin . I,,: >J Assistant County Attorney FORM TDR 2 Yl} .. . --/ I,. i tl,1 LJ-IJ..." 7! . lJJi,,--/~..u.:..-.- Signature of person l.aking acknc;.1"v!edge.mCnl 1M}? e.ll:l' i? IreAlti/f II Name of Acknowledger - Typed, Printed or Stamped -tn 2/2l1mi 8 OR: 4030 PG: .16/-\12 October .8,2008 Page 19 of 26 LEGAL DESCRIPTION THIS IS NOT A SURVEY e LEGAL DESCRIPTION (SENDlr~G I_ANJS ;:',4~C'=L) ^ PARCEL 0:- LAI~D i YI~:G 11'1 SICTIOI,j )1, TOWI\SHII.' 50 S:)UTH, RANGE 27 El,ST, CCLLlER COI;f\JTY, F~CRIr;A, BEli':C MO;:;,E PAf~ I 'CU LA,:;: '- Y !)LSCRIBEC t.s FOLLOWS: O[G!N~nIC AT TI-E SOJr: IW::ST CORI'ER CF "".I::) SEe I IOI\] ,) , SFD i:>OII~1 BEING -HE POINT OF BEGINNING 01 THE SENDING LMUS PARCFI. H:..;~E:\i DESCI~IBED; TI-':'I'.;(;[ /\LO"4G ThE WESTRL." LlI,E OCIi'E SO"rlrV'/::ST QUARH I, (1" SAID SICTIOI~ 32, i,OC'19'29"E, FOR 2,532:::4 ~T[T; I HENCE LEAV'I!G SA:D WF::T::~'L' LiI\):::M'~:J ,,,,I,O(~(; TH:: "-f,S-/WCST QUARTER LII'~E j\j89'47'~..1T, FOR 5,b09CJ': F:::::-, TO ,~. ~J(JII\ji 0::- 1~r;:..r<S[CT:rJI\ WIH THE r.'\S-L::L1' L1NI:.~)1 THE SOUiIIEA.:,T Cl./I.RER 01 Sf',IJ SEC;lor~ 3', -HUJC:: I F/NIL,lG THE rr.,SE<Y lll\'[ Or s/\n SEOIOI\) .) " S5(YC5'L;2"V'I, :-~H 1,:148.55 ICET; Ir'[NCE S42"08'52"01, FUE: ;),,)'1.3.73 Fr-::T, TO .4. ::JOli\T 0:- lt'li U~S[CTICI\ WITH THE SOUTHU<IY Lit'.):: OF ill[ SOUTHF"'sT CLI,':'", TR OF SA,l) 5[::::T,OL,31; T-1[!'JeE AL.or~c THE SOlFHEPLY t :I~[ OF THI'. S!\ID SOU1H::.AST OUARHJ(, j\j39'.36'C1 "w, '0,-( ~ 2:', 1 ti I-::::~, ~u TilE S:JUTH DJ^.:;;;ER OF SA) SECTION 3'; -II[I~CC: A.L.CI',C HIE S(>~TH'::;:_Y L11\:: CF THE SOUII-I,l/EST OUAPT-;; OF SAID SFCil()\) 31, 1<89'24':":1"\11, rOI~ ;::,7.<:-052 ITET TO 'He POINT OF BEGINNING OF THE S::"JI)IN(; U\NDS I'A'-\:~EL DESCR J[O HEFl-.!N . CDr'JTAINIf\G l' ,222,798 SOU/\~':: FF r.T OR 257.0 .ACRES, tvlORI' DR LESS. SUBJECT 10 U,SClvi[I\TS ,,",I,,;) REST:;;iCIIOI\!S or -I:.COPD. GCARING, ARE BASCO 0" fLJI~'" '.UTl '"L.'.h' :.OORj N'IE " } ~ /~---=-~ ---, ---- G;,;.r~~,~ .~ ,-- " -:> JLJh.) Jill 1'._.N, ;-'~'I-,',:":,ICI\!I'L ~,UI)'i: Tl_i-.-::'JTEj 'd-"Pr:ER DJ.Ti '~y' If)' . , - /---'-=~ FA::;T zor.,!: 19R.3 LS,# 6278 t=-:F.i:."1\;:;:ED ~'JR ".~'ulY. UJj..::T DF'if LOPIAEI'H CR:)Uf-1. LLC . \\ T AlNC'~~~tion CONSUL TING Gvil EnJineerinc .JL '-, , ..L ...... Surveying & Mappin~ \fll';( ! g/06/0S CL:::N~. :~. (::,:...: I HONE GULF COAST DEVELOPMENT GROUP, LLC D"t.6WII BY; R.P.S. 1 'LE: SECTION 31 TOWNSHIP 50 SOUTH, RANGE 27 EAST fiE 10 Wdtow "':uy. Dri'(e, Sl.~le .2o-~ l.Je.pIe~, r1Ol'ida3'::j(;9 Ph~ne: ,'236) 597.0575 FAX; (i'J91597.0576 J.J.H. ~EC nil', R~[ I'E':-:L:r:cr S!~U~! 'ILL 31 50s 27E !JlJt.18Eh:: 04---0125.02 t;I.lMtt[~ 1 m- 2 l-JUhlf:lrr:) 0001 *** OR: 4030 PGA SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY C' i !11 1'-1 i VI co " .1 rCM ~. x .- i ~ SOUTHEAST CORNER CI'" : '" SECTlON .31 1 AS RECORDED ON LABINS. BLMIO, TSOSR27E200100 lASINS OOCUMENTI 5.3709 1':::- I ______ i t~ r.-:"~-TJr:" ----._ ... -...~j ~} W 275.308' ( F /l1...1T'~, Y I 'rJ. 0- .l~~:':::~=-==--- - --.-- ---.:- :~...~-.:-~~-' 1F SEe",}'.; .:,:'. TCW\I~,HI:J :~;O :~O!);H, f;~At-.J:'~}t. " 2:AST e / FCM .- X .- sou rn ~ST CORNER OF' SEcnON 31 A5 RECORDED ON lABlN 5. BLMID' TSOSR27E200100 LABINS oOCUt,jENT, S37C7 SEC.()N 6. TUW'.r::,lllu .19 .~<)U IH. :;>,V..::T 76 F/<:, e FeM ." x ,- sourn QUARTER OF' 5ECllON 31 A5 RECORDfD ON l.ABIN5. BLMloI TS05R27E14(1100 LABINS OOCUMENT' 53708 e o ~ClO 1 10CO seN.!: 1" = 1000. P.O.B. ,..- ,I ~;[CTICI\1 36.1 OWNSHI~' :,0 S~ilnH. I<M1CE :?C E;.SI SOO',9'29"W 2682.54 ~'---... .\0' ROADWAY EASEMENT PCR 0 R. G30 P G 1:>6-.'/ ..~ FCW .' X .. l.fI , 642 ~ST OUARTER OF SEC1l0N 31 AS RECORDED ON LABINS. BLMIO, T50SR27E10Q1.0 LABINS OOOJIAENT, 5.3705 U1 OJ <D ,,, ... ':J: '" cO ROYAL FRINGE MIXED USE DISTRICT SENDING LANDS PARCEL SECTION 31, TOWNSHIP 50 SOUTH. RANGE 2 7 EAST 257.6 ACRES +/- VACANT (ViOODED) '" .." .. Cl '" '" ';2..U6 F:C:,1AIHD:::;: or SECTle" .~ , TCWNSHI'" :jO 'c;Oi~'TH. h:ANGE :n [,~';I Vl..CA1'.';- (\~/OCII..)Er).~ '" "' '" '" ~ ':,:; /._, ~: 'w tit IQ 'n ~ -, :r '" ~ -< RO~-'\L IT:!t'<c::: 1>lIIT] lI';, D.Slh:iCT [:'-IT[IV'I,V:: \ pJJUS l"/~r:;:'CLL S[CTIO~ :; " rOW~"]'~;H: n ~)O :?,u~.r \j, r.i\r.::~F 77 ENoT ;:HH 1,.CRE~; ,.! Vt<;AN r :, WUOClD) FCl.l ~- l< .. EAST QUARTER Of SECllON .31 AS RECORDED ON LABINS, BLMIO* TSOSR27E2001>40 LABINS oOCUllENT, 53706 SECTIO/Ij .3') 1500 2000 j lu.lf CLIENT: tp)'IT ^ mC.~j~on CON SUL TING Civil Encineerine, ...L ..., , ..L ..a. Surveying & MappinJ: e61C Mlow Park (Xilla, SuIIe20:J NapMis, Floridu 3410S f1hone: (2~1597-IiS75 fAX: (239) 5.7.0578 9/05/05 GULF COAST DEVELOPMENT GROUP, LLC SECTION 31 TOWNSHIP 50 SOUTH, RANGE 27 EAST '::c.a<.L: NONE ()fl/;'o'I:'i r;~ TITLE: R.P.S. CI-IECI.HJ P.'r J.J.H. c,rr 'WI': He: PRO.iECI 31 50S 27E '1WJUII' 04-0125.02 I ~,~;f.~;Lq 2 or 2 , ILL NLH.lIJ1,l: 0001 Agenda Item No. 16A12 October 28,2008 Page 21 of 26 AFFIDAVIT The undersigned, after being duly sworn on his oath, swears and affirms as follows: 1. The undersigned is over the age of twenty-one (21) years and otherwise sui juris, and has personal knowledge of the facts contained herein. 2. This Affidavit pertains to that certain Purchase and Sale Agreement dated December ]4, 2004, as amended, for the purchase and sale of that parcel of vacant land described as Section 1, TO\\'Ilship 51 South, Range 26 East, Collier County, Florida (the "Receiving Lands") together with other real and personal property as more particularly described in the Agreement including, without limitation, all "Transfer of Development Rights Certificates" ("TDR Certificates") obtained from that certain parcel of real property more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Sending Lands"), as assigned to Naples Reserve, LLC, a Florida limited liability company (the "Agret;ment"). 3. The undersigned is an authorized agent ofProcacci Bros. Sales Corporation, a Pennsylvania corporation.. ffk/a NPV Corporation, a Florida corporation CHProcacci"), and is authorized to provide this Affidavit to Collier County, Florida on behalf ofProcacci. 4. Pursuant to the terms of the Agreement, Procacci has transferred, conveyed and assigned all of the TDR Certificates (154.59 TDRs) which have been obtained from Collier County through the date hercoffrom the Sending Lands to Naples Reserve, LLC, a Florida limited liability company. /(,JRTHER AFFIANT SA YETIr NOT. // . ,/"-.-:) .. /.. ~~ ~o, "/, _!. \'--'-:--' +,-~-----;"7'""" . - .~ Print Name: !)o\ilff\ O'J-:?I,{") Mkhael Procacci, as agent on behalf of -k: .J /"i (0. ~ . Procacci Bros. Sales Corporation, a Pennsylvania ~t..r-" . ~~~ corporation, f;"Ida N}v Corporation, a Florida Print Name: f~AI? fJL y",r G. Aj)~ d,]S. corporation STATE OF FLORIDA ) )S8. ) COUNTY OF COLLIER The foregoing instrument was acknowledged before this /8tH day of May, 2006, by Michael Procacci, as agent on behalf of Procacci Bros. Sales Corporation, a Pennsylvania corporation, f/kla NFV COl]lOration, a Florida corporation, who ~is/are personally kno,,\'Il to me or ( ) has produced t-J/(4.- ___3sidentification. ___ ~.. ~ On ( ---.- "'" ~~:::::-"... ( .: ^ t1 ( Il)1 "."0,,- __ '_J'/">~~~~ NOr~RY p(mLlC \ (SE Name: '\. (Type or Print) My Commission Expires: 499463 \ I I 38ff3.000 l Agenda Item No. 16A12 October 28, 2008 Page 22 of 26 LEGAL DESCRIPTION nus IS NOT A SURVEY LElW.. OESCRIPi1ON (SE:NO'~ lJINlJS P~CEI.) A PNlCEL or lAND LYING IN SEc:T1DN .11, TOWNSHIP 50 SOUTH, RANCE 27 UST. COWER COUfolTr. FtDRlOA. BEING MORE; 'PAFlTICULARLY OESClll6W AS rOLLOWS: BEGINNING AT THE SOLlTHWEST CORNER or so.ID SEC1'ION 31, SAID POINT BEiNG THE POINT OF BEGINNINC OF THE SENDING lANDS PARCEL HEREIN OESCRIBEO: THENCE /\LONG THE WESTERLY ..INE OF THE SOLITHWl'ST OUARTER Of SAlD SECTION 32, NOO"1 9'29-E, FOR 2,6B2.54 FEe:r; iHEJliCE LrA'IING SAID WtsTfRL Y LINE mo ALONG 'THE (,I.5T IWEST OUARTER LINE NB9'47'S.1'"E. FOR S,609.05 FErT. TO " POINT OF INTERSECTION WITH nit ~RLY UNE or THE SOUTHHS'l QUARTER or s.t.ID SE:CTlON .11', THENCE LEAViNG THE EASTrnL Y UNE OF s.oJD SECTION J " 550'05'42 "Iv, F'OIl , .S48.55 f!:rT; THENCE s.l2'oa'S2"W, FOR 2..14.1.78 FEET, TO A POINT OF INTERSECTION WITH TIlE SO\JTl'iERL Y UNE or THE SOUTHEAST Ou.<Jm:R or SAlD SF.'CTION ll: THENCE ALONG THE SOUTHERLY L1"'E or THt'. SAiD SOUTHEAST DUIIRTER, "'89'36'0 1 "W, fOR 12J,16 FF.rr, TO TWE SOUTli DUARTER 01' SAlO SECTION 31; THENCE AlONG THE SOUTHER\. r LINE OF THE SOlfTHWEsr QUARTER or SAID SEc:T10N 3\, NB9'U'S3"W. fOR 2,740.52 rEET; TO THE' POINT OF BECINNJloJ(; o~ TrlE SOlDINGlANDS PAllCEL DESCRIBED HEREIN. CONTAINiNG 11.222.796 SOU/oRE fEEl OR 257.64 ACRES, 1l0RE OR l1:Ss. SLI6J(CT TO EASEMENTS MID RESTRICTIONS or RECORD r.~ lONt 1 iUl.3 Ci:t?lI PREPARED FOR: GLU COAST O~OPl.lENT CROUP. LLC dJ-...a:D NJlh;~ u....~ DlITA~=-. iO~~~i}.. 1:~A~ .It'..;..!IIttoL.... .....,....... ~;;::: ~011\!..O~ ExhibU; "A" Page 1 of 2 Agenda Item No. 16A 12 October 28, 2008 Page 23 of 26 SKETCH TO ACCOMPANY LEGAL DESCRIPTION lHlS IS NOT A SURVEY r..o.ll. I' I SECllON Je. TUWNS>1'" :;.:l SQ~, _~E 2~ D.s7 Dtll'~re'W JI!l1.'. ....... Jd """"'.. ....,."., _ OA IX, P 1:.,,,...-' '" fGI .f"'1"" JDlIIID' I!tftD rI -=::::w..;~ ;;A~.9lfu.n. ..--... .......'~,.1Iin'lI' ~:.:.~,:i; ~.. At..... ,a..Il~ =~~ ~ ,. :l ~ t R~ f1llN;;~ ulXm ~ OlSllllCT SEHlHNll I.ANll5 PARCEl. SEtmOII ~l. TlJWN:sHlP Illl SOLl11l. AANCE :n~ Z$1.~ ,tOlES +(- ."""", (WO(Wll!)) SLcnc., e. ( . rlJ1Ot~.5 ~'J1'~ _or .22 (m I -"~I~~'''''tm.. "*J1IIi..... .. -. ..~ ....... ~ .....~PoJlYlQ ~" IMM, ~Ir.'if II'1W . ~ ~ - '4".: .;.: :!i ".~lj,.. I . 4- "...~ I; t~ I~ ~~'" ~ ..p ""- ; ft~ ~ r"....q... '" Ii ~ 1:,> \ ~ WiI:$ P~l%l. <;."". \, ~2t. '1t..~ ' g ~~'~ ",+.' Ti"tr_ '3''' z or ".,....,,1' ~~ :1'~ ~J... ~" aJ~~K. ~m;;"" '" '''' I!!l.~: ....1lt<; ..(- 'r...~.t _._---.'" .o~QoIl.AaQ..!- t"r..~n v.. ...\f'~ .....~ .., IlIaIRZJOafUl] I Cl'fC:U."U)-, '"' d, .". .. ~--,~ ~ I ----- I . =T,., " ..,. ~1...' I ~ ........ r "^""u lJrl!" "CO"" J1~ ~..>.! 'i~ II '" 5 'i . flEw.lNDER Of' SECllON 31, TOWNSHP 30 soutH. iW'lCE 27 EAST "'...t..lJ\lf C"""''''l ~ Q ~, lCO{! 1~ , , ~ ,- ... ,c;ttt p- I SFC'TIOtJ 32, lOWNSHIP 50 SOlfTH. "",,,OE 21 f.ASl 4l.1U\dta ~ ~ 12-Qf-~ ~,.,..~....- -.."........ ~~ ~ GW COAST DEVELOPMENT GROUP. LLC 1"'... rnu:, SECTION 31 TOWNSHIP 50 SOVTH: r~. RANGE 27 u,Sr lif' _.~ ~ 0<4-0125.Q2 I~ 2.. 2 1~EJt: 0001 -n'lXlt\ ore.=- 1tll.~+\. ~...~.~ l':J:h;!.b:11; " A" Page 2 of ::: Agenda Item No. 16A 12 October 28, 2008 Page 24 of 26 c ~'.~. r C :"O....-..1ty ,~"",';.:,,:~,~';"j~:;:;i~:J.;~;tJ:J't~:,r~~;\~""--'~~::~i!:-;;:';~'),.;;;;ri-:":;]::.':;'-);~~';-t;;)~J:.:iIi;',hj:;:':;: ~i;:;';f':~irX1ti;':r-', ~,_.J-"~" ~ - ~- "...,.;,j":?:;;:~-~;\~"::';"":~'ii~';~~'i. M e m 0 ran d urn ENVIRONMENTAL SERVICES DEPARTMENT From: Bill Lorenz, Director, Engineering & Environmental Services Section Laura Rays>> To: Date: September 25,2008 0.. /' /" illJ 0";: c/"^ W,9.()0:"~ Subject: Acceptance of the Picayune Strand State Forest Management Plan for the Restoration and Maintenance Bonus Credit The plan, approved August 15, 2008, meets the Land Development Code requirements of a Restoration and Maintenance Plan, for the 3rd Transfer of~evelopment Rights credit of the Rural Fringe Mixed Use District The plan includes management for listed species and exotic plant control, as required by the LDC for the Bonus Credit. The plan achieves tbe requirements in the following ways (as taken from the plan): "The goals of the DOF in managing Florida's State Forests are: ~ Restore, maintain, and protect in perpetuity all native ecosystems; .... Ensure the long-tenn viability of populations and species considered rare, endangered, threatened, or of special concern; .... Integrate human use through a multiple-use concept, not- emphasizing any particular use over the others, or over improvement, maintenance and protection of native ecosystems; .... Practice sustainable forest management utilizing sound silvicultural techniques." (p. 2) "The goal of DOF is to restore, protect and manage ecosystems and to maintain biological diversity and ecosystem functions, ,:\"hile integrating public use through tbe multiple-use concept." (p. 16) The plan includes exotic and nuisance species control and fIre management which has been in plaee for 9 years and will continue to be updated at regular intervals. Hydrologic restoration is another major restoration component of the plan. Replanting altered areas is also included, as funding pennits, to restore areas to pre-Columbian times. Agenda Item No. 16A 12 October 28,2008 Protection and restoration of listed species and their habitats is a main goal of the plan. ]~ffile 25 of 26 Division afForestry has worked closely with the agencies in charge of wildlife protection in development of this plan. Management activities have been defined for each type of natural community represented. Although siliviculture is proposed, the plan explains that it will be conducted in a manner as to maintain natural forest conditions. "Well timed and executed timber harvests play an integral role in the health of the forest by removing off-site trees to reestablish native species and thitming dense forest stands to improve under-story habitat. This allows for less damaging prescribed burns and improved forest health." Pg 27 In regards to affects of silviculture on listed species, the plan contains the following: "Rew habitat and population management will continue to be a priority ofthi:; plan, and \'\''ill follow the e~1:ablished RCW management plan for the Belle Meade Tract, as well as federal guidelines and amendments ofthe current recovery plan for the RCW (USFWS 2003)." Pg 37 'l11e aforementioned recovery plan allows for silviculture, yet discourages the cJearcutting method. T11c Picayune plan is not proposing clear cutting, since native habitat restoration is also one of the goals of the management plan. An updated recovery plan is currently being developed. As long as the RC\V management and recovery plans are followed, timber harvesting in the PicaY1llle will not be detlimentaJ to current and future populalions of RCWs. The performance mea 'lure for the RCW is to establish 30 colonies in the Picayune. Pg 16. Also found in the plan: "FNAI will be contacted before any significant ground disturbing activities are conducted on PSSF that would potentially impact endangered or threatened specie~. Ifrare, threatened or endangered plants and/or animals are identified on PSSF, field report forms (on file at the headquarters) will be completed and mailed to FNAI. These forms will be completed by the FWC biologist and DOF forester or biologist. If areas of the forest arc determined to be critical to some sensitive species, the area could be closed or designated as a "special use zone."" Pg 32 This procedure should protect other ]isted species such as gopher tortoises. Agenda Item No. 16A 12 October 28,2008 Protection and restoration of listed species and their habitats is a main goal of the plan. The Page 26 of 26 Division of Forestry has worked closely with the agencies in charge of wildlife pJOtection in development of this plan. Management activities have been defined for each type of natural community represented. Although siliviculture is proposed, the plan explains that it will be conducred in a marmer as to maintain natural forest conditions. "Well timed and executed timber harvests play an integral role in the health of the forest by removing off-site trecs to reestabljsh native species and thinning dense forest stands to jmprove under-story habitat. This allows for less damaging prescribed burns and improved forest health." Pg 27 In regards to affects of silviculture on listed species; the plan contains the following: "RCW habitat and population management will continue to be a priority of this plan, and will follow the established RCW management plan for the Belle Meade Tract, as well as federal guidelines and amendments of the current recovery plan for the RCW (USFWS 2003)." Pg 37 The ; aforementioned recovery plan allows for silviculture, yet discourages the clearcutting method. -111<: PicaY1.lnc plan is not proposing clear cutting., since native habitat restoration is also one of the broals of the management plan. An updated recovery plan is currently being developed. As tong as the RCW management and retovery plans are followed, timber harvesting in the Picayune \vii! not be detrimental ttl current and future populations ofRCWs. The performance measure for the RC\V is to establish 30 colonies in the Picayune. Pg 16. Also found in the plan: "FNAI will be contacted before. any significant ground disturbing activities are conducted on PSSF that would potentially impact endangered or threatened species. lfrare, threatened or endangered plants and/or animals are identified on PSSF, field report forms (on file at the headquarters) will be completed and mailed to FNAl. These forms will be completed by the FWC biologist and DOF forester or biologist. If areas of the forest are determined to be critical to some sensitive species, the area could be closed or designated as a "special use zone."" Pg 32 This procedure should protect other listed species such as gopher tortoises.