Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 6, 2017
REVISED June 6, 2017 - Regular Meeting
Agenda Item #25

Florida Power & Light Company (FPL) Conservation Easement located at the FPL Manatee Solar Energy Center


Contact and/or Presenter Information

Joy Leggett-Murphy, Property Acquisition Division Manager, Property Management Department, Extension 3439

Charles Meador, Real Property Specialist, Property Acquisition Division, Property Management Department, Extension 6289

Action Requested
  • Accept and Record Conservation Easement from Florida Power & Light (FPL) Company; and
  • Record Affidavit of Ownership and Encumbrances from FPL.

Enabling/Regulating Authority

Chapter 125, Florida Statutes, County Government. Manatee County Comprehensive Plan Goal 3.3 addresses protection, enhancement, and maintenance of natural land and water resources.

Background Discussion
  • In 2015, FPL (1) filed an application to rezone approximately 494.5 acres of a 762 acre total site; (2) filed a General Development Plan to add a photovoltaic solar energy center including a new electrical substation and connection to the existing Manatee switchyard on the site; and (3) filed a request for Specific Approval of alternatives to various sections of the Land Development Code.
  • In Manatee County Zoning Ordinance PDPI-15-07(Z)(G), the Board of County Commissioners approved the General Development Plan subject to various stipulations, including that before or concurrent with release of the Certificate of Completion, a conservation easement for the areas defined as post-development jurisdictional wetlands, wetlands buffers, upland preservation areas, and the Wetland Mitigation Area shall be dedicated to the County.
  • FPL has requested that the County accept this easement without an accompanying Consent and Joinder from FPL’s lender.  According to the County Attorney’s Office, when property is encumbered by a mortgage, the Board should not accept any permanent easement without an accompanying Consent and Joinder executed by the owner and holder of the mortgage.  While there is a risk that this easement could be extinguished in the event of foreclosure by FPL’s lender, in this instance staff believes any risk is minimal.  Therefore, staff recommends accepting this easement without an accompanying consent and joinder in this instance.

County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other

Reviewing Attorney

Instructions to Board Records

Please notify Charles Meador at Charles.meador@mymanatee.org and Mark Byers at Mark.L.Byers@fpl.com of recording information.

CCC: AR700003

Cost and Funds Source Account Number and Name
$1,150.50 recording fee. 001-0020505 Property Acquisition Core Fund.

Amount and Frequency of Recurring Costs

Attachment:  Conservation Easement.pdf
Attachment:  Affidavit of Ownership and Encumbrances.pdf
Attachment:  Response Memo to CAO Matter No. 2016-0795.pdf
Attachment:  Location Map.pdf