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Resolution 2000-067 RESOLUTION NO. 2000 - 67 16 B CONVEY A CONSERVATION EASEMENT TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO PROVIDE OFF-SITE MITIGATION FOR IMMOKALEE ROAD IMPROVEMENTS FROM 1-75 TO C.R. 951. WHEREAS, the Board of County Commissioners of Collier County Florida, hereinafter referred to as the "Board", approved Resolution No. 91-385 on May 21, 1991, Item 9(B)(2) establishing long-term environmental mitigation goals designed to offset adverse environmental impacts of certain road construction projects; and, WHEREAS, the construction of the Immokalee Road four laning project is subject to the regulatory jurisdiction of the South Florida Water Management District ("District"); and, WHEREAS, District Permit No. 1l-01737-P ("Permit") authorizes certain activities which affect surface waters in or of the State of Florida; and, WHEREAS, the Permit requires the Board to preserve and/or mitigate wetlands under the District's jurisdiction; and, WHEREAS, the Board is the fee owner of certain lands situated in Co\1ier County, Florida and more specifica\1y 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 and/or 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 sha\1 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: I. The Board of County Commissioners agrees to convey the attached Conservation Easement between Co\1ier County and District. 2. The Chairman of the Board of County Commissioners of Co\1ier County, Florida,]s hereby authorized to execute the attached Conservation Easement. This Resolution adopted this l L\ -!h- day of ~ majority vote. , 2000 after motion, second and ".ATTEST: . DWIGHt E. BROCK, Clerk BY;~~prec~A Attest a5 to Chairman's " . Signature onlJ. 'Approved lis to form ~ Robert Zac ary Assistant County Attorney 8 16 8 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 EXHIBIT Page ( of_..~ LEGAL DESCRIPTION (NOT A SURVEY) }'ROJECT NO.. PARCEL NO... FOLIO NO... OOL't,O"l I (J OOOq COMMENCING AT THE NORTHEAST CORNER OF SECTION 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 0 DEGREES 11 MINUTES 20 SECONDS WEST ALONG THE EAST LINE OF SAID SECTION 30, A DISTANCE OF 2113.11 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG SAID LINE, A DISTANCE OF 525.75 FEET; THENCE SOUTH 88 DEGREES 57 MINUTES 34 SECONDS WEST, A DISTANCE OF 1412.28 FEET; THENCE NORTH 0 DEGREES 01 MINUTE 40 SECONDS WEST, A DISTANCE OF 539.55 FEET; THENCE NORTH 89 DEGREES 31 MINUTES 13 SECONDS EAST, A DISTANCE OF 1414.09 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 17.278 ACRES (752,646 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE EAST LINE OF SECTION 30 BEING S 00 DEGREES 11 MINUTES 20 SECONDS WEST. ~" GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY SABAL PALM ROAD 60' R/W ~ P.O.C. I " N.E COR. SEC. 30 ' t I TWP. 50S,RGE 27E. ~ I I N 89°31'13'E E/LINE SEC. 30 S 88°57'34"W 1412.28' GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. -- SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) PJW = RIGHT OF WAY 7) ALLi DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DRAWN BY GHEGKEU BY SCALE DATE FILE NO. NOT TO SCALE JANUARY 17, 2000 MM17AC SHEET 2 OF 2 Project: Folio: Permit No: Master Mitigation 00467160004 11-01737-P 2607739 OR: 2652 PG: 1894 RECORDED in OPPICIA5 RECORDS of COLLIER COUNTY, PL 03/17/2000 at 08:57AM DWIGHT 8, BROCK, CL~RK REC ~EE DOe-.70 .70 COPIES 5,00 Retn: REAL PROPERTY .,.,, 16B 8 CONSERVATION EASEME~ O~IC~ THIS CONSERVATION EASEMENT, made and entered into this [ ~ day of .l['~. _~ ,2000, by COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assign, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 as Grantor, and SOUTH FLORIDA WATER MANAGEMENT DISTRICT, as Grantee. As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as herein after defined) and the term Grantee shall include any successor or assignee of Grantee. WITNESSETH: WHEREAS, Grantor is the 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 Grantor desires to construct Immokalee Road Four Laning ("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. 11-01737-P ("Permit") authorizes certain activities which affect surface waters in or of the State of Florida; and WHEREAS, this Permit requires that the Grantor preserve and/or mitigate wetlands under the District's jurisdiction; and WHEREAS, the Grantor has developed and proposed as part of the permit conditions a conservation tract and maintenance buffer involving preservation of certain wetland and/or upland systems on the Property; and WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes (1995), 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 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 enjoy 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: OR: 2652 PG: 1895 1688 a. Construction or placing or buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; g. Acts or uses detrimental to such aforementioned retention of land or water areas; h. Acts or uses which are detrimental to the preservation of any features or aspects of the Property having historical or archaeological significance. 3. Passive Recreational Facilities. Grantor reserves all rights as owners of the Property, including the right to engage in uses of the Property that are not prohibited herein and that are not inconsistent with any District rule, criteria, the Permit and the intent and purposes of this Conservation Easement. Passive recreational uses that are not contrary to the purpose of this conservation easement may be permitted upon written approval by the District. a. The Grantor may conduct limited land clearing for the purpose of construction such pervious facilities as docks, boardwalks or mulched walking rails, Grantor shall submit plans for the construction of the proposed facilities to the District for review and written approval prior to construction. b. The construction and use of the approved passive recreational facilities shall be subject to the following conditions: i. Grantor shall minimize and avoid, to the fullest extent possible, impact to any wetland or upland buffer areas within the Conservation Easement Area and shall avoid materially diverting the direction of the natural surface water flow in such area; ii. Such facilities and improvements shall be constructed and maintained utilizing Best Management Practices; iii. Adequate containers for litter disposal shall be situated adjacent to such facilities and improvements and periodic inspections shall be instituted by the maintenance entity, to clean any litter from the area surrounding the facilities and improvements; iv. This Conservation Easement shall not constitute permit authorization for the construction and operation of the passive recreational facilities. Any such work shall be subject to all applicable federal, state, District or local permitting requirements. 4. No right of access by the general public to any portion of the Property is conveyed by this Conservation Easement. 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. 7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions of this Conservation Easement shall be borne by and recoverable against the nonprevailing party in such proceedings. 8. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. OR: 2652 PG: 1896 16 8 8 9. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this conservation easement except to another organization qualified to hold such interests under the applicable state laws. 10. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 11. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest 12. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or sucessors-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 defends the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ATTEST: DWI(~HT E. BROCK, Clerk s {gnat~r.e 0. ly. BOARD OF COUNTY COMMISSIONERS COLLI E.R'C~O-O NTY, FLORIDA /' By: Accepted pursuant to District Permit No. 11-01737-P dated September 9, 1999. OR: 2652 PG: 1897 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES' FLORIDA 34126 (941) 774-8192 8 EXHIBIT LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO.. PARCEL NO... FOLIO NO... ~q COMMENCING AT THE NORTHEAST CORNER'OF SECTION 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 0 DEGREES 11 MINUTES 20 SECONDS WEST ALONG THE EAST LINE OF SAID SECTION 30, A DISTANCE OF 2113.11 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG SAID LINE, A DISTANCE OF 525.75 FEET; THENCE SOUTH 88 DEGREES 57 MINUTES 34 SECONDS WEST, A DISTANCE OF 1412.28 FEET; THENCE NORTH 0 DEGREES 01 MINUTE 40 SECONDS WEST, A DISTANCE OF 539.55 FEET; THENCE NORTH 89 DEGREES 31 MINUTES 13 SECONDS EAST, A DISTANCE OF 1414.09 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 17.278 ACRES (752,646 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE EAST LINE OF SECTION 30 BEING S 00 DEGREES 11 MINUTES 20 SECONDS WEST. ~/GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 *** OR: 2652 PG: 1898 *** PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES' FLORIDA 34 126 B 8 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY SABAL PALM ROAD 60' R/W N.E COR. SEC. 30 1 TWP. 50S,RGE 27E. ~ = tl N 89o31'13"E E/LINE SEC. 30 P.O.B. S 88°57'34TM 1412.28' GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DRAWN BY GHI-'GKEO BY SCALE DATE FILE NO, NOT TO SCALE JANUARY 17, 2000 MM17AC SHEET 2 OF 2