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Ej ZK. CONSERVAnoNEASEMENT - "BLUE GOOSE" PROPERTY- TOM COLmys The Board reviewed a Memorandum of December 8, 1999: TO: The Board of County Commissioners FROM: j6WIIIam G. Collins II - Deputy County Attorney DATE: December 8, 1999 SUBJECT: Acceptance of Conservation Easement Over the "Blue Goose* Property from Tom Collins On July 13, 1999 the Board of County Commissioners approved and the Chairman executed an Agreement to relinquish an option right to purchase the Blue Goose property on the Indian River County in exchange for a conservation easement from Tom and Gretchen Collins. Under the agreement, the County relinquished all its rights to purchase the property and, in consideration of the County relinquishing its rights, Collins agreed to purchase it under a backup contract he held, and to execute a conservation easement over a substantial portion of the property in favor of the County. Consistent with the agreement, Collins purchased the property and granted a conservation easement to the County dated August 13, 1999. Mr. Collins and his wife were in Maryland at the time and the documents were executed in that state and returned. There was a defect in the execution of conservation easement in that only one witness to Mr. Collins' signature appeared on the face of the easement. Florida requires two witnesses for any instrument affecting real property to be recorded. I discussed this deficiency with Mr. Collins and it was determined that the simplest course would be to delay acceptance and recordation until he and his wife returned from Maryland. On September 17, 1999 Mr. Collins and his wife re -executed the grant of conservation easement in recordable form. However, both the County Attorney's Office and Mr. Collins had some questions about the accuracy of the description of the conservation easement. DECEMBER 14, 1999 -41- 600K ii I 0r� q a s�j FADE ;2