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Resolution 2001-390 RESOLUTION NO. 2001 - .J.SJL 16E2 CONVEY A CONSERVATION EASEMENT TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT REQUIRED FOR THE CONSTRUCTION OF THE COLLIER COUNTY ANIMAL SHELTER. WHEREAS, the Board of County Commissioners of Collier County Florida, hereinafter referred to as the "Board", desires to construct the Collier County Animal Shelter at a site in Collier County. which is subject to the regulatory jurisdiction of South Florida Water Management District "District"; and WHEREAS. District Permit No. 11-01709-P ("Permit") authorizes certain activities which affect waters in or of the State of Florida; and. WHEREAS, the Permit requires the Board to preserve, enhance. restore, andlor mitigate wetlands andlor uplands under the District's jurisdiction; and, WHEREAS, the Board is the fee owner of certain lands situated in Collier County. Florida and more specifically described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter referred to as "Property"); and, WHEREAS, the Board has developed and proposed as part of the Permit conditions a conservation tract and maintenance buffer involving preservation of certain wetland andlor upland systems on the Property; and. WHEREAS, the District is in agreement to accept the Conservation Easement over and above the Property; and, WHEREAS, the Board, in consideration of the above agreement. is willing to grant to the District a perpetual conservation easement as defined in Section 704.06. Florida Statutes (1995), over and across the Property; and, WHEREAS, the Board, as fee owner, shall assume the operation, upkeep or maintenance of the Property in accordance with the provisions outlined in the Permit; and, WHEREAS, pursuant to the Permit. the Conservation Easement for and in favor of the District shall run with the land; and. WHEREAS, pursuant to Section 125.35, Florida Statutes, the Board has determined it is in the best interest of the public to convey the Conservation Easement to the District. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners agrees to convey the attached Conservation Easement between Collier County and District. 2. The Chairman of the Board of County Commissioners of Collier County. Florida, is hereby authorized to execute the attached Conservation Easement. This. Resolution adopted this ~ day of (f)~, 2001 after motion, second and majoritt _~e.( ~ ~> .":.' " . -. .... '::., AT~ST:':',;:: ", (<", D~GHt.E>BR6<tK. <jerk I 16E2 Project: CC Animal Shelter Folio: 00406680008 Permit: 11-01709-P Pr.p.r.d bll Ellen T. Ch.dwell. Esqutr. Offiee of the County Attorney 3301 Elst Tamia~l Trlil Naples, Florida 34112 (941) 774-8400 Standard Form - June 2000 CONSERVATION EASEMENT THlS .G.QNSERVATION EASEMENT is given this ~ day of ~ , 2001, by (name) Collier County Board of County Commissioners (address) 3301 Tamiami Trail East, Naples. FL 34112 ("Grantor") to the South Florida Water Management District ("Grantee"). As used herein, the term Grantor shall include any and all heirs. successors or assigns of the Grantor. and all subsequent owner of the "Property" (as hereinafter defined) and the term Grantee shall include any successor or assignee of Grantee. WITNESSETH WHEREAS. the Grantor is the owner of certain lands situated in Collier County, Florida, and more specifically described in Exhibit A attached hereto and incorporated herein ("Proper1y"); and WHEREAS, the Grantor desires to construct (name of project) Collier County Animal Shelter ("Project") at a site in Collier County, which is subject to the regulatory jurisdiction of South Florida Water Management District ("District"); and WHEREAS, District Permit No. 11.01709.P ("Permit") authorizes certain activities which affect waters in or of the State of Florida; and WHEREAS, this permit requires that the Grantor preserve. enhance. restore, and/or mitigate wetlands and/or uplands under the District's jurisdiction; and WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes. over the Property. NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee upon the Property which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature, and character of this conservation easement shall be as follows. 1. It is the purpose of this conservation easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open. agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in the conservation easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit. To carry out this purpose. the following rights are conveyed to Grantee by this easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein W:\1998\1998014\JCNlConservalloo Easement - Standard 01 0720 ,doc 16E2 granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this conservation easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 2. Except for restoration. creation, enhancement. maintenance and monitoring activities, or surface water management improvements, which are permitted or required by the Permit. the following activities are prohibited in or on the Property: a. Construction or placing of buildings, roads, signs. billboards or other advertising, utilities; or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for. the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; g. Acts or uses detrimental to such aforementioned retention of land or water areas; h. Acts or uses which are detrimental to the preservation of any features or aspects of the Property having historical or archaeological significance. 3. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and which are not inconsistent with any District rule, criteria. permit and the intent and purposes of this Conservation Easement. 4. No right of access by the general public to any portion of the Property is conveyed. 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Any costs incurred in enforcing, judicially or otherwise, the terms. provisions and restrictions of this conservation easement shall be borne by and recoverable against the nonprevailing party in such proceedings. 8. Enforcement of the terms, provisions and restrictions of this conservation easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall W:\1998\1998014\JCN\Conservatlon Easement - Standard 010720,doc 16E2 not be deemed or construed to be a waiver of Grantee's rights hereunder. 9. Grantee will hold this conservation easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this conservation easement except to another organization qualified to hold such interests under the applicable state laws. 10. If any provision of this conservation easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved. 11. Grantor shall insert the terms and restrictions of this conservation easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. 12. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. 13. This conservation easement may be amended. altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest. which shall be filed in the public records in Collier County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purpose imposed with this conservation easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property, Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this conservation easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey this conservation easement; and that it hereby fully warrants and defend the title to the conservation easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the ,...."Chairman or Vice Chairman of said Board, the day and year aforesaid. .:.~ .'?,~ . C J. 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