Autumn Leaves OFFICE OF THE COLLIER COUNTY
DEVELOPMENT REVIEW
INTEROFFICE MEMORANDUM
TO: Board of County Commissioners of Collier County
FROM: Craig Brown, Development Review
DATE: 1/20/2017
RE: Acceptance of Conservation Easement
Attached is a Conservation Easement for Autumn Leaves. In accordance with
Resolution No. 2010-39, approved by the Board of County Commissioners on
2/23/2010, I am requesting that if this Conservation Easement is acceptable,
please sign or stamp as to approval of this Conservation Easement, and forward
it, along with the attachments, to the Clerk for attestation and recording.
Thank you for your consideration of this matter. If you have any questions,
feel free to contact me at (239) 252-2548
Attachments
INSTR
53
THIS INSTRUMENT PREPARED BY&RETURN TO: RECORDED 5368283 OR 17 12:10 PG 2273M
2/16/2017 PM PAGES 11
NAME: DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
KENNETHR JOHNSON, ESQ. COLLIER COUNTY FLORIDA
ADDRESS: 4001 TAMIAMI TRAIL NORTH DOC@.70$0.70 REC$95.00
SUITE 300
NAPLES,FL 34103
PARCEL I.D. #
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is given on this 13 day of January,
2017 by DORSET ASSOCIATES, LLC, A FLORIDA LIMITED LIABILITY COMPANY
(hereinafter "DORSET" or the "Grantor"), as Grantor, whose address is: 4081 N. Tamiami
Trail, Suite C-105,Naples, Florida, 34103, to COLLIER COUNTY,FLORIDA,A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA (hereinafter "COLLIER COUNTY" or the
"Grantee") as Grantee (Grantor and Grantee are sometimes hereinafter collectively
referred to as the "parties").
WHEREAS, DORSET is the owner of that certain tract of land located in Collier
County, Florida described on Exhibit "A" attached hereto and made a part hereof by
reference (hereinafter referred to as the "Property"); and
WHEREAS, COLLIER COUNTY is requiring that this Conservation Easement (the
"Conservation Easement") be entered into and recorded in the public records of Collier
County, Florida to bind DORSET, and its heirs, successors and assigns; and
WHEREAS, the parties wish to establish their respective rights and
responsibilities relative to the use and maintenance of the conservation area described on
the attached Composite Exhibit "B" (the "Easement Property").
NOW, THEREFORE, for and in consideration of the sum of TEN AND NO/100
DOLLARS ($10.00) and other good and valuable consideration the receipt and
sufficiency of which is acknowledged by the parties, DORSET hereby grants a
Conservation Easement to COLLIER COUNTY as follows:
1. DORSET, on behalf of itself and its, heirs, successors and assigns, hereby
grants a non-exclusive easement to COLLIER COUNTY over and across the property
Page 1
Dorset Associates, LLC
Capital Center Land Condominium
Additional Preservation Area
described on Exhibit "B" for the purpose of conservation. COLLIER COUNTY shall have
no responsibility for maintenance of the conservation easement.
2. No buildings, structures or impediments of any nature may be constructed,
placed or permitted on, over or across the Easement Property. No dumping or placing of
soil or other substances such as trash or unsightly or offensive materials shall be
permitted on the Easement Property. There shall be no removal or destruction of trees,
shrubs or other vegetation with the exception of exotic/nuisance vegetation removal.
Excavation, dredging or removal of soil material, peat, rock or other material substance in
such a manner as to affect the surface shall be prohibited on the Easement Property. No
dikes or fencing shall be permitted on the Easement Property. There shall be no other
activities detrimental to drainage, flood control, water conservation, erosion control or
fish and wildlife habitat conservation or preservation permitted on the Easement
Property. The Easement Property shall be in no way altered from its natural or permitted
state. The following exceptions apply:
a. Archaeological surveys or excavation are permissible for areas designated as
archaeological sites by the State or Federal governments or by Grantee; or
b. Uses as permitted by Section 3.05.07.H of the Collier County Land
Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and
related processing operations are uses which are exempt from the restrictions herein and
shall remain allowed uses on the lands described herein,provided it is an allowable use in
the underlying zoning district.
3. DORSET, its heirs, successors or assigns, shall bear the responsibility for
maintaining the Easement Property, including, but not limited to, regular maintenance as
may be required by any governmental agency having jurisdiction relative thereto. The
Easement Property shall at all times be maintained in accordance with applicable
requirements of the Collier County Land Development Code.
4. No right of access to the general public to any part of the Easement Property is
being conveyed. COLLIER COUNTY shall have the right to access and use of the
Easement Property for the purpose of making inspections; however, COLLIER COUNTY
shall have no obligation to maintain the Easement Property, nor shall COLLIER COUNTY
have the right to use the Easement Property for any purpose inconsistent with the terms
of this Conservation Easement.
5. DORSET reserves all rights as owner of the Easement Property, including the
right to engage in uses of the Easement Property that are not prohibited herein and which
are not inconsistent with any county ordinance, regulation or development permit and the
intent and purposes of this Conservation Easement.
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Dorset Associates,LLC
Capital Center Land Condominium
Additional Preservation Area
6. DORSET shall pay any and all real property taxes and assessments levied by
competent authority on the Easement Property.
7. DORSET shall insert the terms and restrictions of this Conservation Easement in
any subsequent deed or other legal instrument by which Grantor divests itself of any
interest in the Easement Property.
8. 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.
9. This Conservation Easement may be amended, altered, released or revoked
only by written agreement between the parties hereto or their respective heirs, successors
or assigns, which shall be filed in the public records of Collier County, Florida.
10. This Conservation Easement shall run with the land and shall be binding
upon and inure to the benefit of all present and future owners of any portion of the
Easement Property and their successors and/or assigns, it being the intention of the
DORSET that this Conservation Easement be perpetual.
11. If any provision of this Conservation Easement or the application thereof to
any person or circumstances is found to be invalid, the remaining provisions of this
Conservation Easement shall not be affected thereby, as long as the purpose of this
Conservation Easement is preserved.
12. Enforcement of the terms, provisions and restrictions of this Conservation
Easement shall be at the reasonable discretion of COLLIER COUNTY, and any forbearance
on behalf of COLLIER COUNTY to exercise its rights hereunder in the event of any breach
hereof by DORSET. shall not be deemed or construed to be a waiver of COLLIER
COUNTY'S rights hereunder.
13. The terms and conditions of this Conservation Easement may be enforced by
the Grantee by injunctive relief and other appropriate available remedies, and Grantor
consents that venue of such enforcement actions shall lie exclusively in the Circuit Court
of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement
action in which the Grantee prevails, Grantee shall be entitled to recover reasonable
attorney's fees and costs in the trial and appellate courts in addition to the cost of
restoring the land to the natural vegetative and hydrologic condition existing at the time
of execution of this Conservation Easement or to the natural vegetative state required for
a development permit. These remedies are in addition to any other remedy, fine or
penalty, which may be applicable under Chapters 373 and 403, Florida Statutes.
(The balance of this Page intentionally left blank-Signature Pages Follow)
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Dorset Associates, LLC
Capital Center Land Condominium
Additional Preservation Area
IN WITNESS WHEREOF, Grantor has hereunder caused this instrument to be
duly executed and delivered on the day and year first above written.
Sign, Sealed and Delivered
in the Presence of:
WITNESSES: DORSET ASSOCIATES,LLC,
A FLORIDA LIMITED LIABILITY COMPANY
/
SIP__
ilt
J ,v,vicQi' • By: �I
Printed Name:2fr,Ii ..0 �• LTA , EDWA'D J.MACE,
Its Manag,r
/f/f,fAi 1 /
Printed Name: gM_________ , On4 s
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing instrument was subscribed, sworn and acknowledged before me on
this /. day of January, 2017 by EDWARD J. MACE, I 'who is personally known to
me or 0 who produced his driver's license as identification, as Manager and on behalf of
DORSET ASSOCIATES,LLC,A FLORIDA LIMITED LIABILITY COMPANY.
,%
Notary Public State of r or''a a ar
',-
Printed Name: ' ♦' L, J.,_ 0 i
My Commission Expires:
(Notary seal) ���"Av
.� ,A��,M R48EMARiE B.YOUNG
* (, * MY COMMISSION IFF 053666
III 4 EXPIRES:January 6,2018
4s� K'`gr Boded Thru Budget Notary Services
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Dorset Associates, LLC
Capital Center Land Condominium
Additional Preservation Area
ACCEPTANCE BY GRANTEE:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
Deputy - 4 ' Re,n� `T'4 or- AIRMAN
Attest as, at\ •n9.
sjnature QtLL'.�
Approved as to form and
legal sufficiency:
By:
S a 0W A. 640..a,� .A 5 s:3-1-A/sir County Attorney
APPROVED PURSUANT TO RESO. 2010-39
Page 5
Dorset Associates, LLC
Capital Center Land Condominium
Additional Preservation Area
Exhibit A — Future Phase Land
A portion of Folio ID Number: 00266480008
A PARCEL OF LAND LYING WITHIN SECTION 23, TOWNHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DEPICTED AND DESCRIBED ON THE FOLLOWING PAGE(S).
Dorset Associates, LLC
Capital Center Land Condominium
Additional Preservation Area
FUTURE PHASES II, III, IV CAPITAL CENTER
CAPITAL CENTER LAND CONDOMINIUM
OR 4195, PG 2390 LAND CONDOMINIUM
OR 4195, PG 2390
WEST LINE OF
FUTURE PHASES II, III, IV
OR 4195, PG 2390
N87'00'28"E 241.92'
cO 0 15 30 60
,y0 NW LINE OF 1
44 LAND UNIT 2 1"=60'
NO2°41'56"W 59.02' 0
OR 5102, PG 2223
X1.1' LAND UNIT 2
JEFFERSON BUILDING
CAPITAL CENTER LAND CONDOMINIUM
a N10'56'48"W 13.94' OR 5102, PG 2223
M
SW LINE OF
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-T FUTURE PHASES II, III, IV
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DESC. = DESCRIPTION
OR = OFFICIAL RECORDS BOOK
Q PG = PAGE
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N 1. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH
LINE OF CAPITAL CENTER LAND CONDOMINIUM AS
Q. RECORDED IN OFFICIAL RECORDS BOOK 4195, PAGE
N 2390, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA G �O'J 1 jt�//
TO BEAR S.89°25'40"W. TIMOTHY J. DLVRIES DATE
• 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS PROFESSIONAL SURVEYOR-AND MAPPER
N TO ZONING OR DEVELOPMENT RESTRICTIONS ON THE FLORIDA CERTIFICATE NO. LS 6758
SUBJECT PARCEL. NOT VALID WITHOUT THE SIGNATURE AND THE
3. THIS IS NOT A SURVEY. ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
si SURVEYOR AND MAPPER.
PARCEL IN 6610 Willow Park Dr.,Suite 200
CAPITAL CENTER LAND CONDOMINIUM Naples,Florida 34109
filA-lkPhone(239)597-0575
SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST Fax:LB(239)No.:597-05786952
COLLIER COUNTY, FLORIDA ENGINEERING
IJOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
050147.06.00 0 23 49 25 1"=60' 01/12/17 TJD SD PARCEL3 1 OF 2
DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF FUTURE PHASES II, III, IV OF CAPITAL CENTER LAND
CONDOMINIUM AS RECORDED IN OFFICIAL RECORDS BOOK 4195, PAGE 2390 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA THENCE THE FOLLOWING FIVE BEARINGS AND DISTANCES
ON THE WEST LINE OF SAID FUTURE PHASES II, III, IV:
1. N.02°42'00"W., FOR 85.78 FEET;
a 2. N.09°49'43"E., FOR 9.22 FEET;
3. N.02°42'00"W., FOR 31.34 FEET;
0 4. N.10°56'48"W., FOR 13.94 FEET;
0 5. N.02°41'56"W., FOR 59.02 FEET;
THENCE N.87°00'28"E., DEPARTING SAID WEST LINE FOR 241.92 FEET TO AN INTERSECTION WITH
o THE NORTHWEST LINE OF LAND UNIT 2 OF CAPITAL CENTER LAND CONDOMINIUM AS RECORDED IN
0
OFFICIAL RECORDS BOOK 5102, PAGE 2223, SAID PUBLIC RECORDS;
THENCE S.42°20'08"W., ON SAID NORTHWEST LINE FOR 93.06 FEET;
THENCE S.47°38'50"E., ON THE SOUTHWEST LINE OF SAID LAND UNIT 2 FOR 126.90 FEET TO AN
INTERSECTION WITH THE SOUTH LINE OF SAID FUTURE PHASES II, III, IV;
THENCE THE FOLLOWING TWO BEARINGS AND DISTANCES ON THE SOUTH LINE OF SAID FUTURE
PHASES II, III, IV:
1. THENCE S.42°16'25"W., FOR 63.04 FEET;
2. THENCE S.87°18'00"W., FOR 221.17 FEET TO THE POINT OF BEGINNING OF THE PARCEL
E.! DESCRIBED HEREIN;
0
CONTAINING 44,205 SQUARE FEET OR 1.01 ACRES, MORE OR LESS.
N BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE SOUTH LINE OF CAPITAL CENTER LAND
CONDOMINIUM AS RECORDED IN OFFICIAL RECORDS BOOK 4195, PAGE 2390, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA TO BEAR S.89°25'40"W.
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PARCEL IN 6610 Willow Park Dr.,Suite 200
CAPITAL CENTER LAND CONDOMINIUM Naples,Florida 34109
Phone39) -055
SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST Fax:(23(29)597-5970578
COLLIER COUNTY, FLORIDA LB No.:6952
ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
050147.06.00 0 23 49 25 01/12/17 TJD SD PARCELS 2 of 2
Exhibit B — Conservation Easement
Property
A portion of Folio ID Number: 00266480008
A PARCEL OF LAND LYING WITHIN SECTION 23, TOWNHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DEPICTED AND DESCRIBED ON THE FOLLOWING PAGE(S).
Dorset Associates, LLC
Capital Center Land Condominium
Additional Preservation Area
R=12.00'
A=89'41'54"
CB=N42'08'21"E
C=16.93'
L=18.79'
R=12.00' ___.__
NO2'42'35"W 15.69' N86'59'18'E 36.73'
=x90°18'06"
POB DESC. CB=547'51'39"E I
NW CORNER PRESERVATION AREA 3 C=17.02'
OR 4293, PG 4082 58721'03"W 12.50' a L=18.91' I
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_ _ _ _ ' CAPITAL CENTER
NS-719'29"E 151.42' tiger n LAND CONDOMINIUM
to OR 4195, PG 2390
I385,`Y N
G� R=12.00'
�6, A=4214'24"
PRESERVATION C8=S18'24'36"W
AREA 3 C=8.65'
OR 4293, L=8.85'
PG 4082
PERCORNER
PRESERVATION
AREA 3
OR 4293, PG 4082
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m ,I L = ARC LENGTH
C = CHORD LENGTH
CB = CHORD BEARING
DESC. = DESCRIPTION
8 OR = OFFICIAL RECORDS BOOK
R PG = PAGE
00 POC = POINT OF COMMENCEMENT
0 POB = POINT OF BEGINNING
K R = RADIUS
v, A = DELTA ANGLE
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o V• NOTES: / 1/1 ?--
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w 5 1. BEARINGS ARE BASED ON THE EAST LINE OF COACHMAN GLEN
8RECORDED IN PLAT BOOK 36, PAGE 1, PUBLIC RECORDS OF TIMOTHY J. DEVRIES - . DATE
N COLLIER COUNTY, FLORIDA TO BEAR N.02°40'31"W. PROFESSIONAL SURVEYOR AND MAPPER
0.7 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO FLORIDA CERTIFICATE NO. LS 6758
▪ ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL. NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
g
3. THIS IS NOT A SURVEY.
O SURVEYOR AND MAPPER.
CONSERVATION EASEMENT 6610 ak , t
NaplesWillow,PFloridarDr.34109suie 200
CAPITAL CENTER LAND CONDOMINIUM Phone(239)597-0575
SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST Fax:(239)597-0578
LB No.::69526952
COLLIER COUNTY, FLORIDA ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATF DRAWN BY FILE NAME SHEET
050147.06.00 0 23 49 25 1"=50' 12/19/16 TJD SD Cons 1 OF 2
DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF COACHMAN GLEN, A
SUBDIVISION AS DESCRIBED IN PLAT BOOK 36, PAGES 1 AND 2 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE N.02°40'31"W. ON
THE EAST LINE OF SAID SUBDIVISION FOR 212.58 FEET;
THENCE N.87°19'29"E., DEPARTING SAID EAST LINE FOR FOR 151.42 FEET
TO THE NORTHWEST CORNER OF A PRESERVATION AREA 3 AS RECORDED IN
OFFICIAL RECORDS BOOK 4293, PAGE 4082, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA AND POINT OF BEGINNING OF THE HEREIN DESCRIBED
PARCEL;
THENCE N.02°42'35"W., FOR 15.69 FEET TO A POINT OF CURVATURE;
THENCE NORTHEASTERLY 18.79 FEET ALONG THE ARC OF A TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 12.00 FEET THROUGH A
CENTRAL ANGLE OF 89°41'54" AND BEING SUBTENDED BY A CHORD WHICH
BEARS N.42°08'21"E. FOR 16.93 FEET;
o THENCE N.86°59'18"E., FOR 36.73 FEET TO A POINT OF CURVATURE;
THENCE SOUTHEASTERLY 18.91 FEET ALONG THE ARC OF A TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 12.00 FEET THROUGH A
CENTRAL ANGLE OF 90°18'06" AND BEING SUBTENDED BY A CHORD WHICH
BEARS S.47'51'39"E. FOR 17.02 FEET;
THENCE S.02°42'35"E., FOR 53.04 FEET TO A POINT OF CURVATURE;
THENCE SOUTHERLY 8.85 FEET ALONG THE ARC OF A TANGENTIAL CURVE
TO THE RIGHT HAVING A RADIUS OF 12.00 FEET THROUGH A CENTRAL
ANGLE OF 42°14'24" AND BEING SUBTENDED BY A CHORD WHICH BEARS
S.18°24'36"W. FOR 8.65 FEET TO THE EASTERLYMOST CORNER OF SAID
PRESERVATION EASEMENT 3;
THENCE N.47°38'57"W., ON THE NORTH LINE OF SAID PRESERVATION
EASEMENT 3 FOR 63.86 FEET;
THENCE S.87°21'03"W., ON THE NORTH LINE OF SAID PRESERVATION
EASEMENT 3 FOR 12.50 FEET TO THE POINT OF BEGINNING OF THE
PARCEL DESCRIBED HEREIN;
CONTAINING 2,779 SQUARE FEET OR 0.06 ACRES, MORE OR LESS.
o SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
0
BEARINGS ARE BASED ON THE EAST LINE OF COACHMAN GLEN RECORDED
IN PLAT BOOK 36, PAGE 1, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA TO BEAR N.02°40'31"W.
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CONSERVATION EASEMENT 6610 Willow Park Dr.,Suite 200
Naples,Florida 34109
CAPITAL CENTER LAND CONDOMINIUM Phone LB(239)597-0575
SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST Fax:(239)597-0578
No.:6952
COLLIER COUNTY, FLORIDA ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
050147.06.00 0 23 49 25 12/19/16 TJD SD Cons 2 OF 2