Naples South Congregation of Jehovah,M E 1%10 RAN D U M
TO:
FROM:
DATE:
RE:
Ellie I toffman
Records Technician III
Minutes & Records Management
Ernie W. Kerskie ~
Real Proper~y Specialist
Real Property Management Department
January 22, 1999
Guilford Acres Church - Conservation Easement & Access Easement
From Naples South Congregation of Sehovah
Ellie, attached please find the following original recorded documents from the above referenced
project:
Access Easement
Conservation Easement
The Executive Summary authorizing the Chairman of the Board of County Commissioners to
execute the attached Easements was approved by the Board of County Commissioners in Agenda
Item 16(A)(I), dated June 16, 1998.
Please contact me ifyou have any questions or comments at 899 I.
Thank you.
Attachment as stated
2335~39 OR: 2432 PG: 0793
ACCESS EASEMENT
THIS ACCESS EASEMENT, made and entered into this Z_~ day of
. ~6Zua~.~ , 19..q~, by FERRIL A. BOUTILIER, LARRY i'i'. CllADWICK
AND RANDALL T. NELSON, AS TRUSTEES OF TIlE DECLARATION OF TRUST
FOR TRUSTEES OF NAPLES SOUTII CONGREGATION OF JEIIOVAIi'S
WITNESSES UNDER AGREEMENT DATED Tile 1st DAY OF MAY, 1997. whose
mailing address is 4575 Robin Avenue, Naples, Florida 34104, as Grantor, to COLLIER
COUNT%', a political subdivision of the State of Florida, its successors and assigns, whose
mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors and
assigns.)
WlTNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpelual, non-exclusive access easement, license, and privilege for access on the
foIIov,,ing described lands located in Collier County, Florida, to wit:
The Wesl 24 feet of the East 118 feet of Lot 8, Block A, Guilford Acres,
according Io the plat thereof, recorded in Plat Book 3, Page 59, of the
Public Records of Collier County, Florida.
Subject to easements, restrictions, and reservations of record.
TO HAVE AND TO HOLD the same unto the Granlee, together with the right to enter
upon said lands Ihereon for the purposes of accessing the Conservation Easement
conveyed by the Grantor and recorded in the Public Records of Collier County, Florida.
Grantor and Grantee are used for singular or plural, as the context requires.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above wrilten.
/"Fig%T WITNESS.(~'i~ature)
SECOND WITNE~ ~gna~urej
(Pdm Name)
COND~WITNESS
Fcrril A. Boutillier, as Trustee of the
Declaration of Trust For Trustees of Naples
South Congregation or Jehovah's Witnesses
Larry H. ~adwick, as Trustee of the
Declarat|on'ofTrust for Trustees of Naples
South Congregation of Jehovah's Witnesses
THIS CONVEYANCE ACC£PTEO BY THE
BOARD OF COUNTY COMMISSIONERS,
COLL![R COUNTY, FLORIDA,
Pu@ruAtIT TO THE PROVISIONS
1.00
.70
Name)_/ ,. . . _
SECOND WI'I=NES S~ Signature)
(Print Name)
STATE OF ~
COUNTY OF
Randall T. Nelson, as Trustee of the
Declaration of Trust for Trustees of Naples
South Congregation of Jehovah's Witnesses
l~t.~o~foregoing Access Easement was acknowledged before me this ~q'?~. day of
· 1998, by Ferril A Boulillier, as Trustee ofthe Declaration of Trust for Trustees
of Naples South Congregation of Jehovah's Witnesses.
produced as identification.
notarial seal)
STATE OF
COUNTY OF
He is ~o me or who has
( ta )
(Print Name of Notary)
Commission ti ~., :~71 ~
My Commission Expires:
,regoing Access Easement was acknowledged before me this '~q¢'~.~_ day or
· 1998, by Larry ti. Chadwick, as Trustee of the Declaration of Trust for Trustees
of Naples South Congregation of Jehovah's Witnesses.
produced as identification.
(Affix notarial seal) j ~ Jame~ E Fergu~on
I ~ ~P~.~~
~. cc~7l~
J ~ T~: ~al Nota~ 8~ce
I , ~
STATE OF ~
COtmTY OF
My Commission Expires:
foregoing Access Easement was acknowledged before me this. j.,.jt.", day of
, , 1998, by Nelson T. Randall, as Trustee ofthe Declaration of Trust for Trustees
of Naples South Congregation of Jehovah's Witnesses.
produced as identification.
lie is~me or who has
(Prin't Name~f N. otary)
Commission//
My Commission Expires:
2335140 OR: 2432 PG: 0?95
CONSERVATION EASEMENT
TIIIS CONSERVATION EASEMENT, made and entered into this ~ day of
._/~-~.et~,4~'K , 19q_._~, by FERRIL A. BOUTILIER, LARRY H. CilADWlCK AND
RANDALL T. NELSON, AS TRUSTEES OF TIlE DECLARATION OF TRUST FOR
TRUSTEES OF NAPLES SOUTll CONGREGATION OF JEIlOVAII'S WITNESSES
UNDER AGREEMENT DATED TIlE Ist DAY OF MAY, 1997, whose mailing address is
4575 Robin Avenue, Naples, Florida 34104, as Grantor, to COLLIER COUNTY, a political
subdMsion of the State of Florida, its successors and assigns, whose mailing address is 3301
Tamiami Trail East, Naples, Florida 34 ! 12, as Grantee.
(Wherever used herein the terms 'Grantor' and "Grantee' include all the parties to this
instrument and their respective heirs, legal representatives, successors and assigns.)
W I TNE S S E TH:
WttEREAS. Grantor is the owner of certain real properly located in Collier County. Florida
and more specifically described in Exhibit "A', attached hereto and incorporated herein by
reference (hereinafter referred to as 'Property'); and
WttEREAS. the Grantor is required to convey conservation/preservation tracts to Grantee in
accordance with Conditional Use Petition #CU-96-23. approved by the Board of County
Commissioners on February I I. 1997; and
WHEREAS, lhe Grantor, in consideration of the consent granted by Conditional Usc Petition
#CU-96-23 is agreeable to granting and secufng to the Grantee a perpetual conservation
easement as defined in Section 704.06, Florida Statutes (1997), over the conservation area.
attached hereto and incorporated herein by reference (hereinafter referred to as "Conservation
Area )"
NOW, THEREFORE, in consideration of the approval of Conditional Use Petition #CU-96-
23, Grantor hereby grants, creates, and establishes a perpetual conservation easement for the
Grantee upon the Conservation Area 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:
!. It is the purpose of the Conservation Easement to retain land or water areas in their
natural, scenic, open. agricultural or wooded condition and to retain such areas as suitable habitat
for fish. plants or wildlife.
To carry out this purpose, the following rights are conveyed to Grantee by this Conservation
Easement:
a. To enter upon the Conservation Area at reasonable times to enforce the rights
herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment
of the Conservation Area by Grantor at the time of such entry; and
b. To enjoin any activity on or use of the Conservation Area that is inconsistent
with this Conservation Easement and to enforce the restoration of such areas or features of' the
Conservation Area that may be damaged by any inconsistent activity or use.
2. The follov,-ing activities are prohibited in or on the Conservation Area:
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 vegetation as required by the Collier County Land Development Code in
accordance with a Grantee 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 ,,~ldlife habitat preservation; and
g Acts or uses detrimental to such atbrementioned retention of land or water areas.
Grantor reserves all rights as o:~ner of the Conservation Area. including the right to
engage in uses of the Consen,'ation Area that are not prohibited herein. Grantor may install a
mulch path or construct a boardwalk subject to obtaining and complying with all necessary
approvals, permits and any other documentation required prior to such installation
4, No right of access by the general public to any portion of the Conservation Area is
conveyed by this Conservation Easement.
5. Grantee shall not be responsible for any costs or liabilities related to the operation,
upkeep and maintenance of the Conservation Area.
6. Grantor shall pay any and all real property taxes and assessments levied by compete,it
authority on the Conservation Area.
7. Any costs incurred in enforcing, judicially or otherwise, the terms and restrictions of
this Conservation Easement shall be borne by and recoverable against the non-prevailing party in
such proceedings.
8. Enforcement of the terms and provisions ofthe 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.
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. Ifany provision ofthis 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 afrected thereby, as long as the purpose of the Conservation Easement is
preserved.
I i. 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. The terms, conditions, restrictions and purpose or this Conservation Easement shall be
inserted by Grantor in any subsequent deed or other legal instrument by which Grantor divests
hself oFany interest in the Conservation Area. Any future holder of'the Grantor's interest in the
Conservation Area shall be notified in writing by Grantor of'this Conservation Easement.
13. This Conservation Easement may be amended, allered, released or revoked only by
wrilten agrcemenl between thc panics hereto or their heirs, assigns and successors-in-interest.
which shall be filed in the public records in Collier County.
TO HAVE AND TO ltOI.D the ~me unto the Grantee, its successors and assigns forever
The covenants, terms, conditions, restrictions and purpose imposed with this Conservation
Easement shall not only bc binding upon Grantor, but also its agents, heirs, successors and
assigns, and shall continue as a servitude running in perpetuity with the Conservation Area
IN WIFNi:.SS WI{I.'.REOF, the Grantor has caused Ihese presents to be executed the date and
year first above ~,'r~l~rl .
FIRST WITNESS (Sig~ture)
Ferril A. Boutillier, as Trustee of the
Declaration of Trust for Trustees of Naples
South Congregation of Jehovah's Witnesses
Name) .;/"';,: /;
S~COND WITN--ESS.~Signature)
(Print Name)
La;-ry tt. q~adw~c~, ~s Trustee of the
Declaratic}~jafTrust for Trustees of Naples
South Congregation of Jehovah's Witnesses
SECOND WITNESSR/Signature)
(Print Name)
STATE OF __ ~{~ __
COUNTY OF
Randall T. Nelson, as Trustee of the
Declaration of Trust for Trustees of Naples
South Congregation of Jehovah's Witnesses
T;4IS CONVE?ANCE ACCEPTED 8~ TitE]
BOARD OF COUI'CI'Y COIOIISSIOI~ERS~,
COLLIER COuITrY, FLORI'DA)
PURSUANT TO THE PROVISIONS ,
OF Item I~)1 .... ~'~'qO ,
_~~regoing Conservation Easement was acknowledged before me this _~'t~ day or
,1998. by Ferril A. Boutillier, as Trustee of the Declaration of Trust for Trustees
of Naples South Congregation of'Jehovah's Witnesses.
produced as identification.
(Affix
notarial
seal]~ ~ James E Fcrguson
; x.~._~ No CC~67130
] Bonde~ Th,'u Off, ciml Nota~ Se~ce
I , ~A~ ~2~
Ile is~tome or who has
(Print Name of Notary)
Commission #f..L~TI~-~
My Commission Expires:
STATE OF ~
cotrm'voF
.~ae>f_ oregoing Conservation Easement was acknowledged bc£ore me this "'~/~t day of
1998, by Larry H. Chadwick, as Trustee of the Declaration of Trust for Trustees
of Naples South Congregation of Jehovah°s Witnesses.
produced as identification.
STATE OF ~'~
COUNTY OF
H~me or who has
(P~n! NamXe-6f Notary)
Commission #~
My Commission Expires:
.~_ ,oregoing Conservation Easement was acknowledged before me this 2L~t'£ day of
,1995, by Nelson T. Randall, as Trustee ofthe Declaration of Trust for Trustees
of Naples South Congregation of Jehovah's Witnesses.
produced as identification.
(Affix notarial seal)
0
(print Name of Notary) o
Commission #~ co~
My Commission Expires:
~ntonlo Trigo, PIS
Pres[dent
Professional Land Surveyors
7-223 Trade Center Way
lqaples, Florida 33942
Exhibit "A"
Page 1 of 3
LEGAL DESCRIPTION
CONSERVATION EASEMENT
A portion of Lots 8 and 9, Block A, Guilford Acres, as recorded
in Plat Book 3, Page 59 of the Public Records of Collier County,
Florida and being more particularly described by metes and bounds
as follows:
(941
FAX {94 I)
,~: ,:.~
Commencing at the Southeast corner of Lot 8, Block A,
Guilford Acres, as recorded in Plat Book 3, Page 59 of the
Public Records of Collier County, Florida;
thence N 00"00'00" E along the east line of said Lot 8 a
distance of 302.86 feet to the POINT OF BEGINNING;
thence run S 81'37'33' W a distance of 30.46 feet;
thence along a curve to the Left with a radius of 30.00 feet,
a delta of 37°39'22', and a chord bearing S 62°47'52" W 19.36
feet, a distance of 19.72 feet;
thence run S 43°58'11' W a distance of 10.18 feet;
thence along a curve to the Left with a radius of 30.00 feet,
a delta of 32019'32', and a chord bearing S 27~48'25" W 16.70
feet, a distance of 16.93 feet;
thence run S 11~38'39' W a distance of 45.38 feet;
thence along a curve to the Right with a radius of 18.75 feeT(D
a delta of 78"30'11", and a chord bearing S 50°53'45" W 23.7~
feet, a distance of 25.'69 feet; ''
thence run N 89*51'10" W a distance of 8.24 feet;
thence along a curve to the Right with a radius of 30.00 fee~
a delta of 26'38'55", and a chord bearing N 76~31'43' W 13.83
feet, a distance of 13.95 feet;
thence run N 63~12'15' W a distance of 19.23 feet; --
thence along a curve to the Left with a radius of 30.00 feet;c~
a delta of 26~38'55', and a chord bearing N 76°31'43" W 13.8~
feet, a distance of 13.95 feet;
thence run N 89~51'10' W a distance of 37.79 feet;
thence along a curve to the Right with a radius of 15.OO feet,
a delta of 90'25'O9", and a chord bearing N 44~38'36" W 21.29
feet, a distance of 23.67 feet;
thence run N O0'33'59" E a distance of 55.83 feet;
thence along a curve to the Right with a radius of 22.00 feet,
a delta of 44°47'26', and a chord bearing N 22'57'41" E 16.76
feet, a distance of 17.20 feet;
thence run N 45'21'24" E a distance of 19.32 feet to the north
line of said Lots 8 and 9, Block A;
Exhibit "A"
Page 2 of 3
thence run S 89'51'10' E along said north line a distance of
174.00 feeC Co the northeast corner of said Loc 8;
thence run $ 00'00'00" E along the east line of said Lot 8 a
distance of 19.97 feet co the POIN? OF BEGINNING.
Containing 0.35 Acres, more or less.
Prepared by
~lq~da C~rtificate LS2982
/at~tenber 24, 1997
(DO
0
See Sketch of Description
~xhibit
PaRe 3. of 3
SKETCH 0i2
DESCRIPTION
$ 89'51'~0"E.
17~ OO'
CONSERVA lION EASEMENi'
O. 35 A CRE5
Curve number 1
Curve number 7
:,./-z Radius = ,90.00
~ Delta= 3T39'22'
Arc=
19.72
89'51'10'W. ($)
N Tangent= 10.23
37.79' e~, / Chord= 19.36
1,~'* Chord Brg. S.62'47'52"/,'
Radius= 18.75 co
Radius- 30.00 Delta= 78'30" 11' c,~
Delta= 26'38'55' Arc= 25.69 -,3
Arc= 13.95 Tangent= 15.,32
Tangent;- 7. I t Chord= 23.73 ,.;
Chord= 13.83 Chord Brg. S.SCT53'45"W.
Chord Brg. N.76'31'45'W. "rD
o
Curve number 4 Curve number 6
Radius= 30.00 Radius= 30.00
Delta- 26'38'55' Delta= 32'1g'32"
Arc= 15.95 Arc= 16.93
I
Tangent= 7.11 Tangent= 8.69
Chord= 13.83 Chord= 16.70
Chord Brg. N.76'$1'43"W Chord Brg S.27'48'25"W.
Radius= 22.00
Delta= 44'47'26'
Arc= 17.20
Tangent = 9.07
Chord= 16.76
Chord Brg. N.22'57'41' ?.
Curve number 2
Radius- 15.00
Delta- 9CT25'O9'
Arc,= 23,67
Tangent= 15.11
Chcrd= 21.29
Chord Brg. N.44'$8'36' W.
Guilford Road
60' R/W
GENERN. NOTS:
P.O.C. indicates Point of Commencement
P.O.B. indicates Point of Beginning
Ail distances are in feet and decimals thereof.
8eorln<js are assumed and ore bosed on the
East llne of Lot 8 as being N.00'OO'00'E.
P.O.C. --'-'-
Southeast corner
Lot 8. Guilford Acres
Plat Book 3. Page 59.
NOT A SURVEY
TRIGO
INC.
~.,.,~...,,,.,,,n..,~,,.,, DATE: September 24. 1997
P~ION~ ~ S~~ · P~N~
2223 ~DE C~R ~AY DRA~ BY: AT SCALE: N.TS.
N~, ~R[DA 34109 SH[~ ~_ OF ~_ FILE NO. 97 0637.01c
~D SUR~NG BUSIN~ I 3964