Resolution 1995-145
lOA
I..!U 1
~J'
RESOLUTION NO. 95-145
RESOLUTION AUTHORIZING THE CONVEYANCE OF APPROXI-
MATELY 1,920 ACRES, MORE OR LESS, OF LAND LYING
WITHIN THE FAKAHATCHEE STRAND STATE PRESERVE TO THE
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH
THE DEPARTMENT OF ENVIRONMENTAL PROTECTION RELATING
TO THE STRAND PROPERTY, THE MARCO ISLAND AIRPORT
AND THE W.J. JANES MEMORIAL SCENIC DRIVE PARK.
WHEREAS, the State of Florida through its Department of
Environmental Protection (DEP) has made application to the Board
of County Commissioners for a conveyance of approximately 1,920
acres, more or less, of land within the Fakahatchee Strand State
Preserve, more particularly described as Sections 15, 21 and 22,
all in Township 51 South, Range 29 East, Collier County, Florida;
and
WHEREAS, the Board of County Commissioners is willing to
convey said property to the Board of Trustees of the Internal
Improvement Trust Fund and to lease for a period of 99 years to
the DEP that portion of the W.J. Janes Memorial Scenic Drive Park
lying within the Fakahatchee Strand State Preserve; and
WHEREAS, the County has made application to the DEP and the
Board of Trustees of the Internal Improvement Trust Fund
requesting that the Marco Island Airport, currently owned by the
State of Florida, be deeded to the Board of County Commissioners;
and
WHEREAS, the DEP and Collier County have negotiated a
Memorandum of Agreement providing for such conveyances and setting
forth additional rights and obligations of the parties in
connection with said properties;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board hereby finds that the conveyance of the 1,920
acres, more or less, to the Board of Trustees of the Internal
Improvement Trust Fund and the lease of that portion of the W.J.
Janes Memorial Scenic Drive Park lying within the Fakahatchee
10 A J
strand state Preserve to the DEP for a period of 99 years, are in
the best interest of Collier County and its citizens.
2. The 1,920 acres, more or less, of land within the
Fakahatchee Strand State Preserve is intended to be used by the
state as a preserve and recreation area and that portion of the
W.J. Janes Memorial Scenic Drive Park lying within the Fakahatchee
Strand State Preserve is intended to be used by the state as part
of its preserve and recreation area with general vehicular traffic
allowed during the day and "permit only" through traffic at night.
3. The price or rent for these properties may be deemed to
be nominal or, in the alternative, may be deemed to be equal to
the market value of the Marco Island Airport.
4. The memorandum of agreement between the DEP and the
Board of County Commissioners, attached hereto as Exhibit A, is
hereby approved and the Chairman is hereby authorized to execute
such agreement.
This Resolution adopted after motion, second and majority
vote.
DA~7?:oy.,;If .r
ATTEST: . ,
, DWIGHT E.~ROCK, CLERK
<
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ff-r~':'4r Q,.
~ . . - "
, I' . ,',
, '1" ' .~, \'~'
. -/ ~ ,~' . \.
c'
Approved as to form and
legal sufficiency:
kbcltw/l3108
. tetn:
. ... CLIRI TO TB1 BOARD
IRmomCJ 5TH nOOR
lIT 8105
1912947 OR: 2034 PG: 1257
RJCOROID in the OllICIAL RlCORDS of COLLIER COORTY, 1L
03/01/95 at 10:35AX DWIGHT E. BROCI, CLIRI
MEMORANDUM OF AGREEMENT
REC lIB
COP lIS
MISC
; n.
J. J
19.50
12.00
3.00
A '(1
THIS MEMORANDUM OF AGREEMENT is entered into this ~~day of
~~. ,19~, between the DEPARTMENT OF ENVIRONMENTAL
PROTECTION (hereinafter referred to as the "DEP") and the BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter
referred to as the "County").
WHEREAS, on May IS, 1993, the Florida Legislature adopted
Chapter 93-282, Laws of Florida, which required the Board of
Trustees of the Internal Improvement Trust Fund to convey to
Collier County land known as the Marco Island Airport; and
WHEREAS, Chapter 93-282, Laws of Florida, required Collier
County to convey to the Board of Trustees of the Internal
Improvement Trust Fund 1,920 acres within Fakahatchee Strand
State Preserve; and
WHEREAS, Chapter 93-282, Laws of Florida, also required
Collier County to close to general public traffic that part of
W.J. Janes Memorial Scenic Drive Park lying within Fakahatchee
Strand State Preserve; and
WHEREAS, DEP and the County desire to amicably resolve
certain issues which accompany the conveyance of the Marco Island
Airport and Fakahatchee Strand property, and the closing of W.J.
Janes Memorial Scenic Drive Park;
NOW THEREFORE, DEP and the County do hereby agree as
follows:
1. The County agrees to lease to DEP, Division of
Recreation and Parks, for a period of 99 years, that portion of
W.J. Janes Memorial Scenic Drive Park lying within Fakahatchee
Strand State Preserve, which is generally described as follows: A
right of way of 100' in width along the so called "main line" of
the logging railroad used by the Lee Tidewater Cypress Company
from 1943 through 1957.
2. The lease of the above-described parcel shall include
the following:
A. A provision gIVIng state park employees and state
park officers concurrent jurisdiction over the leased
parcel.
B. A provision setting forth a permitting process
developed by DEP to determine the landowners and other
members of the public having a valid use of the leased
parcel. The permitting process shall include a permit denial
appeal process and a permit suspension process to be
administered by DEP. The permit appeal board shall consist
Page 1 of 3
UL\. LoV-.J'1 ! V, J."-,",v
10 A
of the County ^dmi nistrator: or cler;j gnee, ;] current r>....nni t..
holder appointed by the S""~retal'y of DF.P, nnd the Secretary
of DEP or he) designee.
C. ^ provision whereby the County shall agr(>e to
en[orce exist ing ordinances applicabl e to the ~I..J. ,Janes
Memorial Scenic Drive Park, and post nnd maintilin signs in
accordance "lith such orcHnances Hithin t,h.... l(>;]s....d Pil!"""']
D. ^ provision providing [or lease t"rminil!.ion jn
cArtain instances and rA<1uirinq reasotl.:1blr:: Ilotjr:~ to Cllrp
defects.
E. ^ provision providing [or renegotiiltioll of t,I]....
lease to terminrlte the use of \-1.,"1. drlncs M~rnori;).l Scenic
Drive Park as a thorough[are shouJd the State acqllire, or
obtain and record disclaimers [rom illl permit holderr; to,
IOO%- o[ the land in Fakahatchee Str;]nd ilnd South C;olc1en Gat"
Esliltes.
F. A provision providing an cvaJuiltioll of the
effectiveness o[ the access plan every ]2 months for th"
first [our years of the lease and <,very four yeArs
thereafter.
G. ^ provision providing that the County wiJl
maintain the roadway, including culverts and dit"hes
currently maintained by the County, and control I i.tter ] II
accordance with secondary, rural, unpAved county road
standards (i.e., the standards under which the roadway
]s currently maintain....d).
3. The County also agrees to enter into an agreement with
DEP and the Collier County Sheriff's Office (CCSO) within 30 dayr;
of the execution o[ the lease, giving CCSo jurisdiction within
the leased parcel and committing CCSO to a monthly average level
of patrol service o[ 28 patrols per week, of which a JlJonthly
average of 21 o[ the patrols per week Hill occur dusk to dawn.
The agreement will require state park employees and slate park
o[[icers to monitor CCSO performance by reviewing the CCSO patrol
log. 1~e agreement will also reserve to DEP the right to
contract or otherwise provide [or such services at the County's
expense in the event that the level o[ patrol set [orth above is
not milintained.
4. DEP, on behal[ of the Board of Trustees o[ the Internal
Improvement Trust Fund, agrees to convey to Collier County the
land known as the Marco Island Airport, which is mol'",
particularly described in Exhibit ^ to this ^greement. This
transaction will be accomplished through a deed o[ conveyance
between the Board o[ Trustees of the Internal Improvement Trust
Fund and the County. The deed of conveyance will be delivered to
the County within five working days o[ the execution of this
Page 2 of 3
""'''-''--'~~-''.,-~.~.,"---_.~_._._._~,- '------"_.,~,.,
OR: 2034 PG: 1259
~ .
10 A
Agreement.
5. The County agrees to convey to the Board of Trustees of
the Internal Improvement Trust Fund, within 30 days of the
execution of this Agreement, title to 1,920 acres, more or less
of land within the Fakahatchee Strand State Preserve, which is
more particularly described as follows: Sections 15, 21 and 22,
all in Township 51 South, Range 29 East, Collier County, Florida.
6. The DEP agrees to enter into an agreement with the
County to provide ingress and egress over and upon state-owned
lands for the maintenance of runway protection zones in
accordance with Federal Aviation Standards, Part 77.
7. This Agreement represents the entire agreement of the
parties. Any alterations, variations, changes, modifications or
waivers of provisions of this Agreement shall only be valid when
reduced to writing, duly signed by each of the parties hereto,
and attached to the original of this Agreement.
IN WITNESS WHEREOF, the parties have executed this
Memorandum of Agreement the day and year first written above.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNT FRIDA
'\
DEPARTMENT OF ENVIRONl'1ENTAL
PROTECTION
designee"
MATTHEWS, CHAI~~
J/ ,
0.-~)1."~t.t.. /0
Secretary 'Or
Jf~
designee
'If someone other than the Chairman signs this Agreement, a
resolution, statement or other document authorizing that person
to sign the Agreement on behalf of the County must accompany the
Agreement.
ATTEST:
DWIGHT E, BROCK, CLERK
--~..,.; ,
ry: -;0.0.:.. >-Yr' ,,?pC7.(!.
Approved as to form and
legal sufficiency:
X:-~n;I:!!. ~
Kenneth B, Cu r
County Attorney
Page 3 of 3
***
OR: 2034 PG: 1260
10
***
~
.
A
'I
i,
EXHIBIT A
TO MEMORANDUM OF AGREEMENT BETWEEN
THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
That certain land parcel lying in and being part of Section 26
and 35, Township 51 South, Range 26 East, Collier County,
Florida, being more particularly described as [ollows: Commence
at the Northeast Corner of said Section 26; thence run
N88044'06''W along the north line thereof, a distance of 1569.50
feet; thence leaving said north section line run S12000'00''E a
distance of 1230.00 feet to the Point of Beginning of the parcel
of land hereinafter described; thence N78000'05''E a distance of
150.00 feet; thence S12000'00''E a distance of 70.00 feet; thence
S46001'10"E a distance of 241.30 feet; thence S12000'00''E a
distance of 5250.00 Feet; thence S41028'16''W a distance of 168.00
feet; thence S78000'00"W a distance of 300.00 feet; thence
N12000'00"Wa distance of 250.00 feet; thence S78000'00"W a
distance of 175.00 feet; thence N12000'OO"W a distance of 350.00
feet; thence N56011'55"E a distance of 188.48 feet; thence
N12000'00''W a distance of 3560.00 feet; thence S78000'00"W a
distance of 350.00 feet; thence N12000'OO"W a distance of 1170.00
feet; thence N77059'56"E a distance of 350.00 feet; thence
N12000'00"W a distance of 220.00 feet; thence N78000'05''E a
distance of 150.00 feet to the Point of Beginning.
Page 1 of 1
,
'"
1912948 OR: 2034 PG: 1261
mORDIo I. thl OIllCIAI molDS of cmIII COIl1l, !L
Ol/Ol/Hlt lO:l5IX Di!GBT I. BlOCl, mil
mill
COlliS
nND
lito:
mil 10 TBI 10110
lmlorrICI l!a !LOOI
III IllS
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
10
OF THE STATE OF FLORIDA
QUITCLAIM DEED
Deed No, 29138
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA is, by Section 253.03, Florida
Statutes, authorized and empowered to convey certain lands under
the terms and conditions set forth herein; and,
WHEREAS, pursuant to Chapter 93-282, Laws of Florida, the
1993 Florida Legislature did approve this transfer on the 15th
day of Kay, A. D. 1993.
NOW, THEREFORE, the undersigned BOARD OF TRUSrEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, as
"GRANTOR", under authority of Chapter 93-282, Laws of Florida,
for and in consideration of good and mutual considerations, made
to it by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, 3301 East Tamiami Trail, Naples, Florida 33962 as
"GRANTEE", has remised, released, conveyed and quitclaimed, and
by these presents does remise, release, convey and quitClaim unto
GRANTEE, its successors, heirs, and assigns, forever, all the
right, title, interest, claim and demand which GRANTOR may have
in and to the following described lands in Collier County,
Florida, to-wit:
That certain land parcel lying in and being part of Section 26
and 35, Township 51 South, Range 26 East, Collier County,
Florida, being more particularly described as follows: Commence
at the Northeast Corner of said Section 26; thence run
N88044'06"W along the north line thereof, a distance of 1569.50
feet; thence leaving said north section line run S12000'OQ"E a
distance of 1230.00 feet to the Point of Beginning of the parcel
of land hereinafter described; thence N7S000'05"E a distance of
150.00 feet; thence S12000'00"E a distance of 70.00 feet; thence
S46001'10"E a distance of 241.30 feet; thence S120QO'OO"E a
distance of 5250.00 feet; thence S41028'16"W a distance of 168.00
feet; thence S7S000'00"W a distance of 300.00 feet; thence
N12000'00"W a distance of 250.00 feet; thence S7S000'00"W a
distance of 175.00 feet; thence N12000'00"W a distance of 350.00
feet; thence N56011'5S"E a distance of 188.48 feet; thence
N12000'OO"W a distance of 3560.00 feet; thence S78000'00"W a
distance of 350.00 feet; thence N12000'00"W a distance of 1170.00
feet; thence N770S9'56"E a distance of 350.00 feet; thence
N12000'00"W a distance of 220.00 (eet; thence N78000'OS"E a
dtstance of 150.00 feet to the Point of Beginning.
..
Page 1 of 2
Deed No, 29138
~
A
11.50
1.00
3.00
*** OR: 2034 PG: 1262 ***
10 A
SAVING AND RESERVING unto GRANTOR and its successors an
..
undivided three-fourths interest in, and title in and to an
undivided three-fourths interest in, all the phosphate, minerals,
and metals that are or may be in, on, or under the said land and
an undivided one-half interest in all the petroleum that is or
may be in, on, or under the said land with the privilege to mine
and develop the same.
PROVIDED, HOWEVER, anything herein to the contrary
notwithstanding, this deed 1s qiven and granted upon the express
condition that if the above-described real property ever ceases
to be used as an airport, title to the above-described real
property shall automatically revert to the GRANTOR.
TO HAVE AND TO HOLD the above-described premises subject to
outstanding easements, reservations and other interests appearing
of record.
IN TESTIMONY WHEREOF, the members of the BOARD OF TRUSTEES
OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA
have her~unto subscribed their names and have caused the official
seal of said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND OF THE STATE OF FLORIDA to be hereunto affixed in the, City
ot Tallahjlssee, Florida, on this the :!J V ay of. .e~ b e.Y-
A.D. 19~.
APPROVED AS TO
FORM AND LEGALITY
By: . {U:{,~. c;C-
DEP Attorney
Page 2 of 2
"'--.-' '"-
LAWT CHILES
GOrERfOR 12 / -
~j/
~:J~
BOB BUTTERWORTH
A ORNEY GENERAL
A ERALD LEWIS
COMPTRO
-
OF EDUCATION
As and constituting the BOARD
OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA