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Agenda 05/08/2012 Item #17B5/8/2012 Item 17.13. EXECUTIVE SUMMARY Recommendation to approve Petition VAC- PL20120000308, to disclaim, renounce and vacate the County and the Public interest in two Conservation Easements and replaced with two alternate Conservation Easements located in the same parcel of land on an interim basis, originally recorded in the Public Records of Collier County, Florida, located in Section 26, Township 48 South, Range 26 East, Collier County Florida being more specifically shown in Exhibit "A ". OBJECTIVE: To adopt a Resolution to vacate the County and the Public interest in two Conservation Easements (Exhibit "A ") and replace them with two alternate Conservation Easements (Exhibit `B ") located in the same parcel of land on an interim basis, originally recorded in Official Record Book 2230, page 755, Official Record Book 2372, page 1630, Official Record Book 2411, page 2799, of the Public Records of Collier County, Florida, located in Section 26, Township 48 South, Range 26 East, Collier County Florida. CONSIDERATIONS: Petition VAC- PL20120000308 has been received by the Engineering Services, Growth Management Division, Planning and Regulation from Robert Stiegele, as owner /petitioner of Centerline Homes Enterprises Three, LLC. This vacation request is intended to vacate two Conservation Easements (Exhibit "A ", 3.23 + /- Acres total) and replace them with two alternate Conservation Easements (Exhibit `B ", 23.75 +/- acres total) located in the same parcel of land on an interim basis prior to the final plat being recorded. The current petitioner is in the process of obtaining the development approvals for Bent Creek Preserve. As part of the SFWMD permitting process, the petitioner is required to vacate the old, underlying County conservation easements prior to recording the SFWMD conservation easement for the project. The newer and much larger, SFWMD easement will total 23.75 acres. The "interim" easements ensure the County and SFWMD that a Conservation Easement is securely in place until such time as the property is developed and the easements are platted. This serves as an interim step to the final plat which will ultimately incorporate these easements into the plat. Letters of no objection from abutting property owners have been received from all who responded. Certified mail receipts exist for those who elected not to respond. FISCAL IMPACT: Growth Management Division, Planning and Regulation staff has collected a $2,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. Packet Page -1387- 5/8/2012 Item 17.13. HISTORICAL /ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved this item for legal sufficiency. This item is ready for Board consideration and approval. A majority vote is required for approval. (STW) RECOMMENDATIONS: To adopt a Resolution for Petition VAC- PL20120000308 to vacate the County and the Public interest in two Conservation Easements (Exhibit "A ") and accept two alternate Conservation Easements (Exhibit "B ") located in the same parcel of land on an interim basis, originally recorded in Official Record Book 2230, page 755, Official Record Book 2372, page 1630, Official Record Book 2411, page 2799, of the Public Records of Collier County, Florida, located in Section 26, Township 48 South, Range 26 East, Collier County Florida. Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to record a certified copy of the Resolution in the Public Records. PREPARED BY: Marcus L. Berman, P.S.M., County Land Surveyor Land Development Services, Growth Management Division, Planning and Regulation Attachments: 1) Location/Site Map 2) Exhibit "A" (Vacation of Easements) 3) Exhibit `B" (Deed of Conservation Easements) 4) Exhibit "C" (Map showing Vacation & Grant) 5) Resolution 6) Legal Ad Packet Page -1388- 5/8/2012 Item 17.13. COLLIER COUNTY Board of County Commissioners Item Number: 17.6. Item Summary: This item has been continued from the April 24, 2012 BCC Meeting. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20120000308, to disclaim, renounce and vacate the County and the Public interest in two Conservation Easements and replaced with two alternate Conservation Easements located in the same parcel of land on an interim basis, originally recorded in the Public Records of Collier County, Florida, located in Section 26, Township 48 South, Range 26 East, Collier County Florida being more specifically shown in Exhibit "A ". Meeting Date: 5/8/2012 Prepared By Name: BermanMarcus Title: VALUE MISSING 4/24/2012 9:34:51 AM Submitted by Title: VALUE MISSING Name: BermanMarcus 4/24/2012 9:34:52 AM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 4/24/2012 11:37:15 AM Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 4/24/2012 3:11:23 PM Name: KurtzGerald Title: Project Manager, Principal,Transportation Engineer Packet Page -1389- Date: 4/24/2012 3:58:23 PM Name: BradfordAlison Title: Project Manager,Transportation Planning Date: 4/26/2012 3:40:23 PM Name: WilliamsSteven Title: Assistant County Attorney,County Attorney Date: 4/27/2012 9:12:11 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 4/27/2012 4:42:02 PM Name: WilliamsSteven Title: Assistant County Attorney,County Attorney Date: 4/30/2012 9:23:21 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 4/30/2012 12:03:42 PM Name: KlatzkowJeff Title: County Attorney Date: 4/30/2012 2:17:27 PM Name: OchsLeo Title: County Manager Date: 5/1/2012 5:03:34 PM Packet Page -1390- 5/8/2012 Item 17.13. 3TtJ9 . l.. / if - O = ly y Lv a:n: � Q S S $ 00 u! v ¢o EL J rn (n G11* ©:n n La Asa w u- u ■ � gS o� '® p�49 ©nGGi���CGGG'G ®per, o�reveE�� : L� 1 �W,,� i `Qo PPW o .m 0 r. 3TtJ9 . l.. / if 5� G ui v CQ G z 0 U 0. 0 0 M O O O N_ O N J a U Q M �—I Q1 4D m a v Y U m CL O = ly � Q S S $ 00 ¢o EL J � gS o� S Ld JLj 23 fin' mI s awnsvne a MOO 196 YO eg atnn3mo9 e1v�o� 5� G ui v CQ G z 0 U 0. 0 0 M O O O N_ O N J a U Q M �—I Q1 4D m a v Y U m CL 5/8/2012 Item 17.13. LEGAL DESCRIPTION EASEMENT VACATION (VAC01) A PARCEL Of LAND LYING IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER (144) OF SECTtON 26', TOWNSMP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESC BED AS FOLLLY : COMMENCING AT THE NORTH QUARTER (1/4) CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THENCE ALONG THE WATN LINE OF THE NORTHWEST QUARTER (1/4) OF SECTION 26- TOWNSF11P 48 SOUTH. RANGE 26 EAST, N81'Sf3'39"W FOR 528•,44 FEET, TO A POINT OF INTERSECTION WITH THE WEST LINE OF "PARCEL TO ", AS DESMOED IN OFFICIAL RECORDS BOOK 4738, PACE 510 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE 50716'43"E FOR 215,11 FEEL, TO THE POINT OF 5KQV4 W OF TN€ PARCEL DESV412IED HEREIN: ALSO BANG THE NORTFIIVESTERLY CORNER OF "CONSERVATION EASEMENT 1" AS DESCREM IN OFFICIAL RECORDS BOOK 2230 PAGE 755, BOOK 2.372 PAGE 1630 AND BOOK 2411 PAGE 279 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE PERIMETER BOUNDARY OF SAID "CONSERVATION EASEMENT 1 ", THE FOLLOWING TWENTY —THREE (23) DESCRIBED COURSES: 1) THENCE N83'02'42 "E FOR 17.16 FEET; 2) THENCE N41rD9'57 "E FOR 17.59 FEET; 3) THENCE S85'29'27'E FOR 18.21 FEET; 4) THENCE S15'16'55 "E FOR 20.87 FEET; 5) THENCE S58'17'35 "E FOR 3719 FEET; 6) THENCE S74-56'36 "E FOR 17.53 FEET; 7) THENCE N65-54.26 "E FOR 1824 FEET; 8) THENCE N75-59'09 "E FOR 24.24 FEET; 9) THENCE S74'03'35 "E FOR 23.36 FEET; 10) THENCE S83- 05'59 "E FOR 23.44 FEET; 11) THENCE 574'17'48 "E FOR 19.81 FEET; 12) THENCE S02' 17'11 "E FOR 20.38 FEET; 13) THENCE S86'57'06 "W FOR 114.61 FEET; 14) THENCE S67'17'07"W FOR 13.46 FEET; 15) THENCE S47-37'08"W FOR 11.36 FEET; 16) THENCE S22'39'59 "W FOR 16.87 FEET; 17) THENCE S02 *17'11 "E FOR 116.05 FEET; 18) THENCE S85'44'32 "W FOR 21.08 FEET; 19) THENCE SIG-04-55W FOR 14.56 FEET; 20) THENCE S59'30'27W FOR 12.72 FEET; 21) THENCE S14'29'20 'W FOR 16.76 FEET; Z2') THENCE 383'55'5O`W FOR 22.68 FEET, TO A PONT CM THE WEST LINE OF SAID "PARC €L 10 23) THENCE ALONG THE WEST LINE OF "PARCEL ICr NO--16'43W FOR 245.14 FEET, TO THE Poor OF 8Eg14"G OF THE PARCEL HEREIN DESCRIBED. CONTAINING 19,255 SQUARE FEET OR 0.44 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. VAC- PL20120DO0308 REV:2 BENT CREEK RPUD DATE: 3/12/12 DUE: 3/26/12 I)AZ +12,(-L MICHAEL A. W PROFESSIONAL LAND SURVEYOR LS# 5301 TE SIGNED NOT VAUD WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. _ EXHIBIT "A" PROJECT: SUMMIT LAKES LEGAL DESCRIPTION i t VULT i x PARCEL VAC01 — EASFd11M VACA:90N 6610 WI9- Pok Dd". 9u116200 PREPARED FOR: CENTERLINE HOMES Nt91M, FWml0t 34109 Ptj_a39I597,0575 FAX: 129 91 59 7 -0 578 LB N9.: 6952 JOB NUMBLR RLVISIOA SLCI'O, IUW.n!Sli ° 10AIJGL SCAI.t :7AIf DRAW\ BY -ILC uAMC St-LL 030008.05.02 0 26 465 26E N/A 12/22 11 R.A.K. SKD_VACDi 1 01 2 Packet Page -1392- „ 0 � {I A W' n1 N_ N v C' ;o �M c z gip. o v A O -0 � W Fri o, o v O 0 5/8/2012 Item 17.B. POC N. 1/4 COR. SEC. 26. N. LINE OF THE TWP. 48S, RGE. 26 E. N.W. 1/4 SEC. 26 N89'58'39'W 528.44' [MMOKALEE ROAD (100' R /W) C.R. 846 — — R/W PARCEL 102 O.R. 3128 PG. 2557 O.R. 2515 PG. 554 L3 t r: VAC01 19,255 SF�4 L13 15 Lls LEGEND R/W a RIGHT —OF —WAY O.R. — OFFICIAL RECORDS BOOK PG. PAGE C.E. a CONSERVATION EASEMENT NO. NUMBER C.R. COUNTY ROAD P.O.R. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT SEC. SECTION TVP. TOWNSHIP RCE. a RANGE -LIB 09 20 1 17 N C.E. NO. 1 O.R. 2230 PG. 755 O.R. 2372 PG. 1630 O.R. 2411 PG. 279 UNPLATTED PARCEL #00193080005 "PARCEL 10" PER O.R. 4738 PG. 510 VAC- PL20120000308 REV:2 BENT CREEK RPUD DATE: 3/12/12 DUE: 3/26/12 LINE TABLE LINE BEARING LENGTH Ll N83'02'42 'E 17.16' L2 N48'09'57 "E 17.59' L3 S85'29'27 "E 18.21' L4 S15'16'55 "E 20.87' L5 S58'17'35 "E 37.19' L6 S74'56'36 "E 17.53' L7 N6554'26 "E 18.24' L8 N75'59'09 "E 24.24' L9 574'03'35 'E 23.36' LI0 S83'O5'59 "E 23.44' Lll 574'17'48 'E 19.81' L12 S02'17'11 "E 20.38' zm f• z Z d rn 'o n N rn rn LINE TABLE LINE L13 BEARING S86'57'06"W LENGTH 114.61' L14 S67'17'07 "W 13.46' L15 S47'37'08"W 11.36' L16 S22'39'59'W 16.87' L17 S02'1 7' 1 1 "E 116.05, L15 S85'44'32'W 21.08' L19 S70'04'55'W 14.56' L20 S59'30'27W 12.72' L21 514'29'20'W 16.76' L22 SH3'S5'50'W 22.68' L23 NO2- 16'43 'W 245.14' EXHIBIT "A" .a.wey J, aOtt I:ar "v P.\ZOCT\O./EOW.66M 9..nM lMi", \0001 SMefi .w o�vba..1 \i1.""wa v.,Ins.r \SRV_MIGn.ap 6iC PROJECT: SUMMIT LAKES SKETCH OF LEGAL DESCRIPTION vl=- CNN E pi i T VA. a. &wng�e PARCEL VACOl - EASEMENT VACATION 6610 WOen Pa& pi*. s." 200 Nap*. F1mlm Ja109 PREPARED FOR: CENTERLINE HOMES Pko 17d91597-06T6 FAX: (269) 697-0976 LB Na: 6992 JOB NUVBFR 030006.05.02 0 26 48S RANC= 26E SCALi 1" = 100' DAII 12/22 it DRAW\ B" RAK. 'ILE \'AVi SKD_VACO7 V'TF- 2 oI 2 Packet Page -1393- 5/8/2012 Item 17.B. LEGAL DESCRIPTION EASEMENT VACATION (VACO2) A PARCEL OF LAND LYING IN THE NQRTHWEST QUARTER OF THE NORTHWEST QUARTER (114) OF s=ON 28, TOVOZKP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER (1/4) CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. TKNCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER .(1 /4) OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, NBV53.39 -W FOR 57!3.44 FEET, TO A PONT OF INTERSECTION WITH THE. WEST LINE OF -PARCEL T(", AS DESCRIBED 04 OFFICIAL RECORDS BOOK 4736, PAGE 510 OF THE PUBLIC RECORDS OF COLLIER. COUNTY, FLORIDA; THENCE SOZ16'43"E FOR 513•.55 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRBED HEREIN, ALSO BEING THE NORTHWESTERLY COMER OF "CONSERVATION EASEMENT Z" AS DESCRIBED IN OFFICIAL RECORDS BOOK 2230 PACE 755, BOOK 2372 PAGE 1630 AND BOOK 2411 PAGE 2799 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE PERIMETER BOUNDARY OF SAID "CONSERVATION EASEMENT 2 ", THE FOLLOWING FORTY (40) DESCRIBED COURSES: 1) THENCE LEAVING THE WESTERLY BOUNDARY OF SAID "PARCEL 10" S82- 11 -40 "E FOR 16.45 FEET; 2) THENCE N80'37'33 "E FOR 13.32 FEET; 3) THENCE N71-46'13 "E FOR 71.71 FEET; 4) THENCE S39- 00 -16 "E FOR 80.34 FEET; 5) THENCE S10'56 -35 "E FOR 23.60 FEET; 6) THENCE S1X18'39"W FOR 22.89 FEET; 7) THENCE S13'56'42 "E FOR 15.17 FEET; 8) THENCE S48'32'29 "E FOR 25.98 FEET; 9) THENCE S64'20'08 "E FOR 23.54 FEET; 10) THENCE S46-13-14"E FOR 32.02 FEET; 11) THENCE S82- 38 -19 "E FOR 25.40 FEET; 12) THENCE S63-09'18 "E FOR 18.31 FEET: 13) THENCE 503'32'34 W FOR 33.77 FEET; 14) THENCE SOI *32'04 "E FOR 63.20 FEET; 15) THENCE 532'25'16 "E FOR 18.19 FEET; 16) THENCE S74'16'13 "E FOR 17.03 FEET; 17) THENCE 1444'44'22 "E FOR 27.51 FEET; 18) THENCE N36'1 5'34"E FOR 19.71 FEET; 19) THENCE S47-22'07 "E FOR 20.05 FEET; 20) THENCE S31'11'34 "E FOR 14.64 FEET; 21) THENCE N80-35'45 "E FOR 12.21 FEET; 22) THENCE S84'02'26 "E FOR 30.62 FEET; 23) THENCE S55'09'24 "E FOR 16.81 FEET; 24) THENCE S24'40'36 "E FOR 23.60 FEET; 25) THENCE SSO'54'05 "E FOR 71.34 FEET; 26) THENCE S85'26'20 "E FOR 24.97 FEET; 27) THENCE S40- 33.54 "E FOR 20.54 FEET; 28) THENCE NSO- 15'04 "E FOR 22.74 FEET; 29) THENCE S63'16'36 "E FOR 10.10 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER (1/4) OF SAID SECTION 26; 30) THENCE ALONG SAID EAST LINE OF THE NORTHWEST QUARTER (1/4) S02- 17.36 "E FOR 94.49 FEET, TO THE SOUTHEAST CORNER OF SAID "PARCEL 10"; 31) THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID "PARCEL 10" N89'56'55"W FOR 379.05 FEET; 32) THENCE LEAVING THE SOUTHERLY BOUNDARY OF SAID "PARCEL 10" N18'09'39'W FOR 24.45 FEET; 33) THENCE N72- 24'59"W FOR 15.97 FEET; 34) THENCE S66'29'52W FOR 18.50 FEET; 35) THENCE S89'12'53 "W FOR 18.42 FEET; 36) THENCE N55-20'25"W FOR 22.75 FEET; 37) THENCE N14'09'12"W FOR 22.15 FEET; 38) THENCE N28- 08.14"W FOR 21.66 FEET; 39) THENCE N63- 39.13 -W FOR 68.19 FEET, TO A POINT ON THE WESTERLY BOUNDARY OF SAID "PARCEL 10 "; 40) THENCE ALONG THE WESTERLY BOUNDARY OF SAID "PARCEL 10" NO2'16'43W FOR 320.74 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 121,617 SQUARE FEET OR 2.79 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. VAC- PL20120000308 REV.2 BENT CREEK RPUD DATE: 3/12/12 DUE: 3/26/12 MICHAEL _A_ WARD PROFESSIONAL LAND SURVEYOR LS# 5301 OA SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Z M2 ,. - {]00),.066AY90.]! :l -N- W ...s,"",.,�...,...�.., �... EXHIBIT "A" PROJECT: SUMMIT LARM LEGAL DESCRIPTION PARCEL VACO2 - EASEMENT VACATION 9610 Vni- Pok01". suit. 200 NW... Fldu. 84109 PREPARED FOR: CENTERLINE HOMES Rau; MR) 5971M FAX, MR) 897-0679 Ls N.. 9982 JO? NUMBER RCk SiON SCCIION 'DtN'NSHlP RANGE '1.I DA"t D12AOIN By 1 j NAM! S: -ICCI 030008.05.02 0 26 485 I 26E I N/A 12/22/ t 1 R.A.K. SKD_VACO2 1 1 1), 3 Packet Page -1394- r• 5/8/2012 Item 17.13. POC N. 1/4 COR. SEC. 25, N. LINE OF THE TWP, 48S, RGE. 26 E. N.W. 1/4 SEC. 26 N89'58'39"W 528.44' 200.00' IMMOKALEE ROAD o (100' R /W) C.R. 846 . w ri N.W. CORNER OFCEL 102 ,o PARCEL 10 O.R. 3128 PG. 2557 PG. 554 w POB Lt UNPLATTED R/W= RIGHT —OF —WAY !A PARCEL #00193080005 O.R. = OFFICIAL RECORDS BOOK "PARCEL 10" PER O.R. 4738 PG. 510 ? „ PG. PAGE f C.E. = CONSERVATION EASEMENT v 0pa NOTE: SEE SHEET 3 OF 3 FOR " LINE TABLE �G9 m Z D rom rn �o C SEC. SECTION In r 7 ? SF — SQUARE FEET F M 1 TWP. = IP RANGE RGE. = RANGE v O 0 / —1 r_ VACO2 A 121,617 SF .'...�'MY 1 AEI] Idt" WVWA030"A"D,., IeY NV 9aW M D.els6n" \Gr�9 MrMw \lll0_Y100)/n1 O ,0 C.1f. NO. 2'P R y��J ^ L22 GPI PG. 755 Gr �5 // L29- T 0 R. 2411 PG. 2 99 / L26 S.W. CORNER OF PARCEL 10 TUSCANY COVE P.B. 42 PG. 14 L31 S.E. CORNER OF PARCEL 10 r 0 0 LEGEND R/W= RIGHT —OF —WAY O.R. = OFFICIAL RECORDS BOOK PG. PAGE C.E. = CONSERVATION EASEMENT NO. = NUMBER c.R. COUNTY ROAD NOTE: SEE SHEET 3 OF 3 FOR P.B. PLAT BOOK LINE TABLE P.O.B. s POINT OF BEGINNING P.O.C. PONT OF COMMENCEMENT SEC. SECTION SF — SQUARE FEET TWP. = IP RANGE RGE. = RANGE EXHIBIT "A" .'...�'MY 1 AEI] Idt" WVWA030"A"D,., IeY NV 9aW M D.els6n" \Gr�9 MrMw \lll0_Y100)/n1 T PROJECT: SUMMIT LAKES R AISKC SKETCH OF LEGAL DESCRIPTION T TA. a a+.ppht PARCEL VACO2 - EASEMENT VACATION 6616WN-PWk DIW.&"2W Nap". FbMz 34199 PREPARED FOR: CENTERLINE HOMES Ph— f2915S7.95?5 FAX: 6391697 -OM U5 No.: 6952 .10U NUMHIIt (i�.N�ION 5`.CC)\ IU' ?:NSli �u ItAN ^ ^,' tiCAi? 7AiT ORA1Y\ B'! I -1LC 1 030008.05.02 0 26 1 48S 26E 1" = 100 12/22/ 11 R.A.K. KD_VACO2 2 01 3 Packet Page -1395- LINE TABLE LINE BEARING LENGTH L1 S82'1 1'40"E 16.45' L2 N80'37'33 "E 13.32' L3 N71'46'13 "E 71.71' L4 S39'00'1 6"E 80.34' L5 S10'56'35 'E 23.60' L6 S13'18'39 "W 22.89' L7 SI3'58'42 "E 15.17' LB S4832'29 "E 25.98' L9 S64'20'08 "E 23.54' 5/8/2012 Item 17.13. LINE TABLE LINE BEARING LENGTH L21 N80'35'45 "E 12.21' L22 S84'02'26 "E 30.62' L23 S55'09'24 "E 16.81' L24 S24'40'36 "E 23.60' L25 SBO'54'05 "E 71.34' L26 S85'26'20 "E 24.97' L27 S40 "33'54 "E 20.54' L28 N80'15'04 "E 22.74' L29 S63- 16 -36 "E 10.10' 5/8/2012 Item 17.13. DEED OF CONSERVATION EASEMENT Return recorded document to: THIS DEED OF CONSERVATION EASEMENT is given this �i day of March, 2012, by Bent Creek Preserve, LLC (f/k/a Centerline Homes Enterprises Three, LLC), a Florida limited liability company ( "Grantor") whose mailing address is 825 Coral Ridge Drive, Coral Springs, FL 33071, to the The Board of County Commissioners of Collier County, Florida as the governing body of Collier County ( "Grantee "). As used herein, the term "Grantor" shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term "Grantee" shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Collier County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein ( "Property "); and WHEREAS, the Grantor desires to construct the Bent Creek Preserve ( "Project ") at a site in Collier County, which is subject to the regulatory jurisdiction of Grantor, and WHEREAS, Grantor is presently engaged in the permit application process (the "Pending Permit ") with the South Florida Water Management District ( "District ") in connection with the Project, for the authorization of certain activities in the development and use of the Property which affect waters in or of the State of Florida; and WHEREAS, the District will not accept and record a conservation easement over the Property until such time as the Pending Permit is ready to be issued by the District; and WHEREAS, Grantee requires that during the time period in which Grantor is engaged in the permit application with the District and until such time as the District accepts a conservation easement over the Property in connection with the Pending Permit, Grantor preserve those areas of the Property which shall be the subject of the conservation easement in favor of the District and which will ultimately be under the jurisdiction of the District; and WHEREAS, Grantor is in agreement to provide this Deed of Conservation Easement in favor of Grantee which shall serve to secure the protections and /or limitations of the use of the Property for the time period as provided herein, and specifically over the area described on Exhibit "B" attached hereto ( "Conservation Easement "). EXHIBIT "B" Packet Page -1397- 5/8/2012 Item 17.13. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a Conservation Easement for and in favor of the Grantee upon the property described on Exhibit "B" which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect for the time period as provided herein. The scope, nature, and character of this Conservation Easement shall be as follows: 1. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made a part of this Conservation Easement. 2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in their natural, vegetative, hydrologic, 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 easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Conservation Easement that may be damaged by any inconsistent activity or use. 3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, or other activities that shall be permitted by the Pending Permit, the following activities are prohibited in or on the Conservation Easement: 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 or nuisance vegetation in accordance with a District 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; EXHIBIT "B" Packet Page -1398- 5/8/2012 Item 17.B. e. Surface use except for purposes that permit the land or water area to remain in its natural or enhanced condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; g. Acts or uses detrimental to such aforementioned retention of land or water areas; and h. Acts or uses which are detrimental to the preservation of the structural integrity or physical appearance of sites or properties having historical, archaeological, or cultural significance. 4. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and which are not inconsistent with any District rule, criteria, permit and the intent and purposes of this Conservation Easement. 5. No Dedication. No right of access by the general public to any portion of the Property is conveyed by this Conservation Easement. 6. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 7. Property Taxes. Grantor shall keep the payment of taxes and assessments on the Easement Parcel current and shall not allow any lien on the Easement Parcel superior to this Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in addition to any other remedy, the Grantee may, but shall not be obligated to, elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the Grantee, together with Grantee's reasonable attorney's fees and costs, with interest at the maximum rate allowed by law, no later than thirty days after such payment. In the event the Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute a lien against the Easement Parcel which shall automatically relate back to the recording date of this Easement. Grantee may foreclose this lien on the Easement Parcel in the manner provided for mortgages on real property. 8. Enforcement. Enforcement of the terms, provisions and restrictions of this 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. Assignment. 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 or entity qualified to hold such interests under the applicable state laws. 10. Extinguishment of Conservation Easement. Grantor is presently engaged EXHIBIT "B" Packet Page -1399- 5/8/2012 Item 17.13. with the District to obtain the Pending Permit with respect to the Property, and upon completion of the permit process with the District Grantor shall be required to convey a new conservation easement over the Property which will serve to replace and supersede this Conservation Easement in favor of Grantee. Accordingly, upon recordation of the plat for Bent Creek Preserve and dedication of the required conservation easement in favor of the District as shall be required as a condition of the Pending Permit, Grantor and Grantee agree that this Conservation Easement shall be vacated and extinguished and of no further force and effect. Grantor and Grantee agree to execute such documentation as may be required to effectuate such extinguishment, if necessary, at the time of the dedication of the new conservation easement in favor of the District. 11. Severability. If any provision of this 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 affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Terms and Restrictions. Grantor 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 Conservation Easement. 13. Written Notice. 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. 14. Modifications. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors -in- interest, which shall be filed in the public records in Collier County. TO HAVE AND TO HOLD unto Grantee for such period of time as provided in paragraph 10 above. The covenants, terms, conditions, restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property, until such obligations are superseded by a conservation easement in favor of the District as provided herein. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Conservation Easement is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement; and all mortgages and liens on the Conservation Easement area, if any, have been subordinated to this Conservation Easement; and that Grantor has good right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. EXHIBIT "B" Packet Page -1400- 5/8/2012 Item 17.13. IN WITNESS WHEREOF, Bent Creek Preserve, LLC (Grantor) has hereunto set its authorized hand this .- _day of Mavin,41 , 2012 Bent Creek Preserve, LLC, a Florida limited liability compan By: (Signature) Name: Ft?,C] - (Print Title: �LQ-Q ,Jr Signed, sealed and delivered in our presence as witnesses: r` By: By:�� ( a ure) (Signature) Name: IoW Name: (Print) (Print) STATE OF FLORIDA ) ss: COUNTY OF BROWARD On this /s day of Gk.rz--� 2012 efore me, the undersigned notary public, personally appeared r ev-f the person who subscribed to the foregoing instrument, as t (title), of Bent Creek Preserve, LLC, a Florida limited liability company, and acknowledged that he /she executed the same on behalf of aid- -company —aas� the he /she was duly authorized to do so. He /She is (�ersonally known to me r has produced a (state) driver's license as idenifl>rat' . IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA c i (Signature) Name: L I� u C 4n e Nov a ctVIA (Print) My Commission Expires: l Packet Page -1401- L DIANE JORDAN My COMMISSION # DD957895 EXPIRES February 02, 2014 l407)398.Ot53 RorldsNoteryServicexom EXHIBIT "B" 5/8/2012 Item 17.13. EXHIBIT A [DESCRIPTION OF PROPERTY] EXHIBIT «B„ Packet Page - 1402 Parcel 1 (Outdoor Resorts) 5/8/2012 Item 17.B. The West 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 26, Township 48 South, Range 26 East, Collier County, Florida, LESS AND EXCEPT the North 100 feet thereof; ALSO LESS AND EXCEPT the lands described in Official Records Book 3188, Page 1723, of the public records of Collier County, Florida. Parcel 2 (Outdoor Resorts) The West 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 26, Township 48 South, Range 26 East, Collier County, Florida, LESS AND EXCEPT the following described portion: Begin at the Southeast corner of said West 1/2, thence North 20 19' 4" West, on the East line of said West 1/2 a distance of 267.62 feet; thence North 890 59' 9" West, a distance of 660.58 feet to a point on the West line of said West 1/2; thence South 20 18' 30" East, on said West line a distance of 267.79 feet to a point on the South line of said West 1/2; thence North 890 59' 58 "' East, on the South line of said West 1/2 a distance of 660.62 feet to the Point of Beginning. Parcel 3 (Outdoor Resorts) The West 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 26, Township 48 South, Range 26 East, Collier County, Florida, LESS AND EXCEPT the following described portion: Begin at the Southwest corner of said West 1/2; thence North 20 17' 20" West, on the West line of said West 1/2 a distance of 362.58 feet; thence North 890 59' 58" East, a distance of 658.26 feet; thence North 21 17' 55" West, parallel to the East line of said West 1/2 a distance of 350.74 feet; thence South 8810 49' 57" East, a distance of 2.30 feet to a point on the East line of said West 1/2; thence South 20 17' 55" East, on said East line a distance of 713.28 feet . to the Southeast corner of said West 1/2; thence South 890 590 58" West, on the South line of said West 1/2 a distance of 660.62 feet. Parcel 4 (Outdoor Resorts) The East 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 26, Township 48 South, Range 26 East, Collier County, Florida; LESS AND EXCEPT the following described portion: Begin at the Southwest corner of said East 1/2; thence North 20 17' 55" West, on the West line of said East 1/2 a distance of 713.28 feet; thence South 880 49' 57" East, a distance of 661.18 feet to a point nn the East line of said East 1/2; thence South 20 18' 30" East, on the East line of saic, East.1 /2, a distance of 699.79 feet to a point on the South line of said East 1/2; thence South 890 59' 58" West, on the South line of said East 1/2 a EXHIBIT "B" Packet Page -1403- 5/8/2012 Item 17.13. distance of 660.62 feet to the Point of Beginning. Parcel 5 (Outdoor Resorts) The North 80% of the East 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 26, Township 48 South, Range 26 East, Colder County, Florida. Parcel 6 (Outdoor Resorts) The East 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 26, Township 48 South, Range 26 East, Collier County, Florida, LESS AND EXCEPT the North 100 feet thereof for road right of way; ALSO LESS AND EXCEPT the land described in Official Records Book 3188, Page 1723, of the public records of Collier County, Florida. Parcel 7 (Koleque Parcel One) The North 1/2 of the East 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 26, Township 48 South, Range 26 East, of the public records of Collier County, Florida. Parcel 8 (Koleque Parcel Two) The South 20% of the East 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 26, Township 48 South, Range 26 East, Collier County, Florida, LESS the East 30 feet thereof for right of way for ingress and egress purposes, as recorded in Official Records Book 642, Page 1588, in the public records of Collier County, Florida, being more particularly described as follows: Commencing at the Northeast corner of Section 26, Township 48 South, Range 26 East, run along the Easterly line of said Section a bearing of South 020 21' 08" East for 2675.77 feet to a found 5/8 inch iron rod, being the Easterly 1/4 corner of said Section and a Point of Beginning; thence run South 890 58'26" West along the quarter section line, 660.62 feet to a 4 Inch concrete monument, said monument being the common corner of this parcel and the Northeast corner of Crystal Lake RV Resort; thence run North 020 20'40* West, a distance of 267.60 feet to a set 5/8 Inch Iron rod with cap; thence run North 890 58' 42" East, a distance of 660.58 feet to a 5/8 inch iron rod that was found at the Intersecting point on the Easterly section line; thence run South 020 21' 08" East along the Easterly line of the section a distance of 267.58 feet to the Point of Beginning, LESS the Easterly 30 feet reserved for a road Ingress /egress right of way as recorded in Official Records Book 642, Page 1588, in the public records of Collier County, Florida. Parcel 9 (Capielio Parcel) A parcel of land lying in Section 26, Township 48 South, Range 26 East, of Collier County, Florida, being more particularly described as follows: The West 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 26, Township 48 South, Range 26 East, of Collier County, Florida, LESS AND EXCEPT therefrom the North 178.91 feet. Commencing at the North 1/4 corner of Section 26, Township 48 South, Range 26 East, of Collier County, Florida; thence along the North line of the Northeast 1/4 of said Section 26, South 890 58' 17" EXHIBIT "B" Packet Page -1404- 5/8/2012 Item 17.13. East, a distance of 1320.35 feet, to the Northwest comer of the West 1/2 of the Northeast 1/4 of the Northeast 1/4 of said Section 26; thence along the West line of the said West 1/2, South 020 18' 21" East, a distance of 179.06 feet, to the Point of Beginning of the parcel herein described, said point being on a line perpendicular to the said North line and Southerly 178.91 feet; thence Easterly and parallel to the said North line, South 890 58' 17" East, a distance of 660.21 feet to the East line of the said West 1/2; thence along the said East line South 020 19' 00" East, a distance of 1158.95 feet, to the Southeast comer of the said West 1/2; thence along the South line of the said West 1/2, North 890 59' 07" West, a distance of 660.42 feet to the Southwest corner of the said West 1/2; thence along the said West line North 020 18' 21" West, a distance of 1159.10 feet, to the Point of Beginning of the parcel herein described. Parcel 10 (Ferguson Parcel) A parcel of land lying In the Northeast 1/4 of the Northwest 1/4, LESS the North 100 feet of Section 26, Township 48 South, Range 26 East, of Collier County, Florida being more particularly described as follows: Commencing at the North 1/4 corner of Section 26, Township 48 South, Range 26 East, of Collier County, Florida; thence along the North /South quarter line of said Section 26, South 020 17' 02" East, 179.03 feet to the Point of Beginning of the parcel described herein; thence continue along said quarter line also being the East property line of the boundary line agreement recorded In Official Records Book 2228, Page 1540 through 1544, of the public records of Collier County, Florida, South 020 17' 02" East, 1159.43 feet to the South line of the said boundary agreement; thence along said boundary agreement the following two courses; 1) North 890 SS' 36" West, 528.56 feet; 2) North 020 16' 14" West, 1180.43 feet to the intersection with South boundary line of parcel 102 as described in Official Records Book 3128, Page 2557; thence continue along the South boundary of said parcel 102 the following three courses: 1) South 890 58' 39" East, 196.60 feet; 2) South 000 01' 21" West, 21.00 feet; 3) South 890 58' 39" East, 332.54 feet to the Paint of Beginning of the parcel herein. EXHIBIT "B" Packet Page -1405- 5/8/2012 Item 17.B. EXHIBIT B [CONSERVATION EASEMENT] EXHIBIT "B" Packet Page -1406- LEGAL DESCRIPTION 5/8/2012 Item 17.13. CONSERVATION EASEMENT (CE01) A PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TUSCANY COVE, AS RECORDED IN PLAT BOOK 42, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE EASTERLY BOUNDARY OF SAID TUSCANY COVE, NO2- 17.02 -W FOR 365.61 FEET; THENCE LEAVING THE EASTERLY BOUNDARY OF SAID TUSCANY COVE, N89'58'58 "E FOR 3.00 FEET, 70 THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE NO2'17'06 "W FOR 975.83 FEET ALONG A COURSE 3.00 FEET EAST AND PARALLEL TO THE EASTERLY BOUNDARY OF TUSCANY COVE, AS RECORDED IN PLAT BOOK 42, PAGE 14 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE NB9'56'55 "W FOR 528.59 FEET ALONG A COURSE 3.00 FEET NORTH AND PARALLEL TO THE NORTH BOUNDARY OF SAID TUSCANY COVE; THENCE NO2'16'43"W FOR 308.39 FEET ALONG A COURSE 3.00 FEET EAST AND PARALLEL TO THE WESTERLY BOUNDARY OF "PARCEL 10" AS DESCRIBED IN OFFICIAL RECORDS BOOK 4738, PAGE 510 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N87'44'36 "E FOR 596.92 FEET; THENCE 522'16'40 "E FOR 466.79 FEET TO THE BEGINNING OF A NON- TANGENTIAL CURVE; THENCE B2.OB FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 33D.00 FEET, THROUGH A CENTRAL ANGLE OF.14'15'01", AND WHOSE LONG CHORD BEARS S07- 54 -41 "E FOR A DISTANCE OF 81.86 FEET; THENCE SOD'47'10 "E FOR 256.87 FEET; THENCE N89'12'50 "E FOR 129.90 FEET; THENCE S00'47'1 0 "E FOR 55.00 FEET; THENCE N89'12'50 "E FOR 464.37 FEET; THENCE SBB'49'41 "E FOR 231.91 FEET; THENCE SBB'49'41 "E FOR 266.57 FEET; THENCE S021 9'09 "E FOR 143.27 FEET; THENCE N88'49'41 "W FOR 669.46 FEET ALONG A COURSE 3.00 FEET NORTH AND PARALLEL TO THE SOUTHERLY BOUNDARY OF "PARCEL 4" AS DESCRIBED IN OFFICIAL RECORDS BOOK 4738, PAGE 510 OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA THENCE S02'18'26 "E FOR 350.B9 FEET ALONG A COURSE 3.00 FEET WEST AND PARALLEL TO THE EAST BOUNDARY OF "PARCEL 3" AS DESCRIBED IN OFFICIAL RECORDS BOOK 4738 PAGE 510 OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA; THENCE S89'58'58"W FOR 652.39 FEET ALONG A COURSE 3.00 FEET NORTH AND PARALLEL TO THE SOUTH BOUNDARY OF SAID "PARCEL 3 ", ALSO BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 742,311.74 SQUARE FEET OR 17.04 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TOGETHER WITH (CE02) A PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF CRYSTAL LAKE RV RESORT AS RECORDED IN PLAT BOOK 22, PAGE 83 OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA; THENCE ALONG THE EASTERLY BOUNDARY OF SAID CRYSTAL LAKE RV RESORT, S02'18'42 "E FOR 185.15 FEET; THENCE LEAVING THE EASTERLY BOUNDARY OF SAID CRYSTAL LAKE RV RESORT NB9'57'44 "E FOR 3.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE N89'57'44'E FOR 6015.49 FEET; THENCE S02'19'07 "E FOR 480.76 FEET; THENCE S89'59'18 "W FOR 608.56 FEET ALONG A COURSE 3.00 FEET NORTH AND PARALLEL TO THE SOUTH BOUNDARY OF "PARCEL 7" AS DESCRIBED IN OFFICIAL RECORDS BOOK 4738 PAGE 510 OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA; THENCE NO2'18'42"W FOR 480.48 FEET ALONG A COURSE 3.00 FEET EAST AND PARALLEL TO THE EAST BOUNDARY OF CRYSTAL LAKE RV RESORT, AS RECORDED IN PLAT BOOK 22 PAGE 83 OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 292,232.37 SQUARE FEET OR 6.71 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. COMBINED CONSERVATION AREA (CE01 PLUS CE02) - 1,016,544.11 SQUARE FEET OR 23.75 ACRES MORE OR LESS. ®rk- 1/23/12 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. __Iy 23, POI s10 PY D:\2007 \03wou= �\owl 9.�h � PROJECT: BENT CREEK PUD W,AI l v m LEGAL DESCRIPTION 1st! t<JL PARCEL CE01 - CONSERVATION EASEMENT MO W9w» Park DrWc SUIN 2W NapIR, F=Ida 34109 PREPARED FOR: CENTERLINE HOMES Fh " tn9l 697.05n FNL• ") 59745M EXHIBIT "B" DRAWN BY I �9 W.: am FILE NAME SHEET 1 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE 030008.05.02 I 0 1 26 48S 26E N/A 1 /2D/12 R.A.K. I SKD- CE01 -2 1 of 3 Packet Page -1407- .1111 r7 , 100' R /W) IC.R. 846 m nj rn. 1r° 5. L- 82.08' N M �" R= 330.00' °z a e =14'15'01' N89'56'55"W 528.59' rn .1 CB =SO7'54'41 "E ,m UNPLATTED TUSCANY COVE NO2 1702'W PARCEL #00193080005 g C "PARCEL 10' PER O.R. UNPLATTED _ Z 4736 PG. 510 PARCEL #00192280000 �+ 'U 5�1909 7 "PARCEL 1" PER O.R. „ 55. 00' "PARCEL 3' PER O.R. 4738 PG. 510 �Wm NB8'49'41"W 669.46' = L) < v CE01 W ¢ P- Jp OO NB7'44'36 'E 596.92' o m nj rn. 1r° 5. L- 82.08' N M �" R= 330.00' °z a e =14'15'01' N89'56'55"W 528.59' rn .1 CB =SO7'54'41 "E ,m 1�C1 5/8/2012 Item 17.13. UNPLATTED S00'47'10 "E PARCEL #D0192320009 256.87' "PARCEL 4" PER O.R. 4738 PG. 51D NB9' 12'50 "E I 588'49'41 "E �61 129.90' 231.91' TUSCANY COVE NO2 1702'W P.B. 42 PG. 14 g rn N89.12'50 "E 464.37' 0 w rn UJ v) ,n a. UNPLATTED 5�1909 7 PARCEL #00192160007 „ 55. 00' "PARCEL 3' PER O.R. Z w n 4738 PG. 510 NB8'49'41"W 669.46' 1�C1 5/8/2012 Item 17.13. UNPLATTED S00'47'10 "E PARCEL #D0192320009 256.87' "PARCEL 4" PER O.R. 4738 PG. 51D NB9' 12'50 "E I 588'49'41 "E �61 129.90' 231.91' o NO2 1702'W °"'Ex �1I �¢ "M`oA`M. °w9E� 365.61 ' rn N89.12'50 "E 464.37' S88'49'41 "E w rn UJ v) ,n a. •�3 �/SDO'47'10 "E 5�1909 7 „ 55. 00' 143.27 Z w n Z NB8'49'41"W 669.46' = L) < v CE01 W ¢ P- 742,311.74 SF o N Cq O.R. OFFICIAL RECORDS BOOK o 17.04 AC 4” rn N N89'58'58 "E Boa 00 00 n o�c.w 3.00' / 5 06 POROOM OF THE n/4 OF 6X. 1/4 OF W 1/4 NO2 1702'W °"'Ex �1I �¢ "M`oA`M. °w9E� 365.61 ' 0 c 2712 >c. ams W 211 •OOrtEts MCAKa, woo= •w -3 R.E.) CRYSTAL LAKE PROPERTY OWNERS ASSOCIATION TWO. INC. O.R. 2730 PG. 0390 O.R. 2722 PG. 2950 ADDRESS: 1078 CRYSTAL LAKE DR. IMPROVED, OCCUPIED Packet Page -1408- POC,,- S.E. CORNER DF LEGEND TUSCAN' COVE R/W = RIGHT -OF -WAY O.R. OFFICIAL RECORDS BOOK PG. = PAGE C.E CONSERVATION EASEMENT NO. NUMBER C.R. COUNTY ROAD POB = POINT OF BEGINNING POC= POINT OF COMMENCEMENT SEC. - SECTION TWP. = TOWNSHIP RGE. - RANGE .--W 21 2012.1-18 w a \zm7\o3000s¢tu S -0 I+, - \0001 S fth .,"e D— iw- \o—,a' E-.-a \smL=l -znq PROJECT: BENT CREEK PUD SKETCH OF LEGAL DESCRIPTION i ts� L 1 — - -' PARCEL CE01 - CONSERVATION EASEMENT =0 W21w PWk D1M.8uW 2W EXHIBIT «B„ PREPARED FOR: CENTERLINE HOMES Pl —tb91 � FAX MW) 07-09" L9 N.,OW JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 030008.05.02 0 I 26 I 48S I 26E 1" = 300' 1/20/12 R.A.K. SKD- CE01 -2 2 OF 3 Packet Page -1408- LUE®mINa 5/8/2012 Item 17.13. O 0 d n M POC w N.E. CORNER OF CRYSTAL LAKE RV RESORT S02' 18'42 "E G 185.15' lzj N89'57'44 "E 2P 3.00 N89'57'44 "E 608.49' TRACT 'G' B.E.—/ ,u x CRYSTAL LAKE RV RESORT PHASE FOUR P.B. 22 PG. 83 N/ N o � CE02 m 292.232.37 SF CD a 6.71 AC m o 0 o � � S89-59' 18'W 608.56' HABITAT FOR HUMANITY PARCEL #00192240008 O.R. 3394 PG. 1466 NO SITE ADDRESS VACANT, CLEAR CUT /WOODED U N P LATTE D PARCEL #00192200006 "PARCEL 7" PER O.R. 4738 PG. 510 LEGEND R/W = RIGHT -OF -WAY O.R. - OFFICIAL RECORDS BOOK PG. PAGE C.E. = CONSERVATION EASEMENT NO. = NUMBER ' C.R. COUNTY ROAD POB POINT OF BEGINNING POC = POINT DF COMMENCEMENT SEC. SECTION TWP. TOWNSHIP RGE. = RANGE a.wq u 2012 .178 w p\2o2ROwmaosox sww„a ,wiw \=l s*M And D—*6 ww \0,-wvW� Ewwwee \WD-C6a, -2-on PROJECT: BENT CREEK PUD SKETCH OF LEGAL DESCR=ON i t STULT 01. PARCEL CE02 — CONSERVATION EASEMENT Wl0 Wraw ra* WM SUI* 2no PREPARED FOR: CENTERLINE HOMES al,w,a: MW) w�7� FAX t21 S97-OM R ��FILE EXHIBIT" ✓" JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY NAME SHEET 030008.05.02 0 26 4BS 26E 1" = 200' 1 20/12 RA.K. SKD— CE01 -2 3 OF 3 Packet Page -1409 - C.R. 846 S 0 250 500 (dWHIC SCALE 1. . SM. 5/8/2012 Item 17.B. Apra 10, 2012 9:44 AM 0•.\2003 \030008.05.02 Bent Creek - Eaeemenf Vocotafiona \DO01 Sketch And OesoOione\Eaeemenf Veeafior * \CONSERVATgN-EW_EXHIBR.dwq DATE: 4/ 10/ 12 PROJECT NO.: 030005.05.0, FILE NAME.: ca&wAzv -tw-F vr,A" SHEET NUMBER I OF I DRAWN.• K.A.K. CHECKED. M.A.W. SEC: 26 TWP: 405 RGE: 26C PROJECT reNr -ZrK PPIV SCALE: 1 " - 500' TITLE.- i�XH1011" Cr- PPOPOS D V5. IM517%i CON- `eRVA17ON EASeMMf5 CLIENT CCN1250.INF HOW5 Ml"MPRI- cf 51HMe, LLC Packet Page -1410- 0 0 d c� U) H d C t� R COSU /A v V 1 ei EnRinons, Sur "M 6 M"M Phmrn, Pnryct Mwgerti (239) 597-0575 FAX: (239) 597-05M 6810 WOW Park Drkm Sub 2D0 Napes.FerWa34109 NOTICE OF FURLIC HEARING, TO CONSIDER RESOLUTIONS N&,tice 'i.s hereby given that on April 5/8/2012 Item 17.13. irty Cc*trrrrtissljoners Meeting Room, Third Floor Tanijam] T=rail, Maples PL, the Board df -Cour y, Commissionewn MCC) v0i] con5lder" enaetMent of two aunty esoli4tions. The meeting �Ifil'I +��arr mend at 9,00 :A:X The 11fi� df the prc�Posi=d f#esalwfion� are a5 follows: 1RE501LLITION NO. 12 A RESOLUTION .OF THE :BOARD DF C UNIri` EOiW M1 SIOINERS 0, COLLIEIR •CL JNfY,. FLORIDA. RELATING TO PETIT10 H - ,VAC -PL201 0.00030 , TO DISCLAI ,' iR:EMO1:1I.t+I E ANIJ VACATE THE COUNTS AN-I) THE PUBLIC INT�IREST IN FAIRT :CAF THE ,310400-'T 00-'T WIDE PUtLIC ROAD RIGHT CAF MA EA E1�11 NT AS ORIGINALLY RECORDED IN THE PUBLIC RECOADS 3F�'CO'LLIER CIOUNTY, FLC{ RIDA, LOCATED IN SECTION Z5, TOWN51H IP,AS SOUTH, RAN.GE 26 EAST, CC LLTE.R CCU NTY - FLORIDA BEING MORE SPECIFICALLY SHOWN IN EXHIBIT ',A. RESOLUTION NO 1 2- A RMWTION OF THE BQARID OP COUNVY CI9iTi% M- 15510N ERS OF COLLIER C�JUNrY, FL RI:I , RELATJAG T1 � 0ETIpGN 'SAC- PL -2Di, 0030x, To. DI�CLAII�IT, RE�IOL NCE' AND VACATE THE Co�l ra AND- THE PLJRLIC INT:MEST,IN "f�WO1,CONSER�,I,�TION EASE`A'EN'tS A5,..0RIG1'N.,,ALLY RECORDED IN THE_P.U.BLIC PEtORDS O ;,COLLI.ER C�3t:lNTY FLCIFI °IDA, LOCATED IN SE�CTIt�N 26., TC�WNSH -IF 48. SOUTH , RANGE 25; : AST COLLIER COUNTY FLORIDA BEING M0'ikE SPECIFICALLY SHOWN IN EXHIBIT uA'. Copies of-the propo5et Resolatiom are on file twith the Clerk tai -Lhe Board `ancf are :available: for insp4<tion. All interested parrtres are invited,to attend and be`hgard. NOTES All per -so' s. wishinq to speak on an,y agenda item 'Mutt re' gM r with'th Cuuniv m- a, na'gei ��I ' to rese tatir�n �t the �t�eri�a'i�err� t� ky� �tl'�re���tl. Indivl u6i speakers imjl l e.l mrted`to 3minutes can any I,�efm The s lection of. ray. indiviiklu.aI td speak can behalf of ;an olrgan a ion or group, is encouraved.' If re:c�gnied the Charnia,palcespers -on firruprrganiatic�r rn kip` ,allotted 10 rninu,tes to speak; on an item. Pers rrls vrrishin Ica ha /e u�ri ten rig graphic mat rial5 iridtitiecl in the I x and agenda' packer must submit said wateriaal - a,rninimum of 3, weeks prior to the =respective ublic hearing. `in any.cas+e, v ritten materials intended to be considered by the card shall :be submitted to the.app.ropriabe County staff a minimum cif seven days prror.to the public hearing, All materials used in presentations before the Board will become a permanent part of the record. Any p rsrswvvho, decide5 to ap�yy��eat are ' ciecision cif the Huard will need a raecord:tjf:, the praceedings pertair�irig'' Thereto and 11-rerefore, mad. rteed to ensure that a vrbailrr► rtrdf the prereilrtlgs I -raci `+��thrch recc�rrl inclurJ the tiimpt; af1d eviden'c'e- upon a hiCg th,, appeal is used. If you are a, persar! krtith a dis0ibilitlt' ' ho rleieds any accom mod atio , its order to partecipa-te in This proceeding, sou .am. entitled at nc�' st to you t the provision of certIatn assistance. 'Please, cofitact he Collier +Caur y Facl itie5 Vaijag6ment ` epa tt k, li ed at s Tarrriarrri Tfa l Est, Suite 1 1, l pies, F ' 11 ({ 39), �252w83 , at least i- ,wo days error to t17e nieeting. Assisted l6tening cleyices or the ,hearing impaired are auailable in the Board of County Commissioners :Office. �GARC?• °C`F:�LiIi f �fi�II�Il�1�11E� COLLIER C Qiii ( FLORIDA FRED W., C 'LE, CHAIRM. AN DWIGHT, E. B ROCK, CLERK Ann Jenn10jPhn Packet Page -1411 - a+~putT',cletk (SEAL) April 4 & 1 , 2012 Nib: 1 5/8/2012 Item 17.13. RESOLUTION NO. 12- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION VAC - PL20120000308 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN TWO CONSERVATION EASEMENTS AS ORIGINALLY RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA BEING MORE SPECIFICALLY SHOWN IN EXHIBIT "A ". WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, Petitioner, Robert Stiegele, as owner /petitioner of Centerline Homes Enterprises Three, LLC., has requested the vacation of the County and the Public interest in two Conservation Easements as originally recorded in Official Record Book 2230, Page 755, Official Record Book 2372, Page 1630, Official Record Book 2411, page 2799, of the Public Records of Collier County, Florida, located in Section 26, Township 48 South, Range 26 East, Collier County Florida being more specifically shown in Exhibit "A ". WHEREAS, the Board has this day held a public hearing to consider petitioner's request, and notice of said public hearing was given as required by law, and WHEREAS, the granting of the Petitioner's request will not adversely affect the ownership or right of convenient access of the property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: the County's interest in two Conservation Easements as specifically depicted in Exhibit "A" is hereby vacated, extinguished, renounced and disclaimed and this action is declared to be in the Public interest and for the Public benefit. BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of the Resolution in the Public Records. This Resolution adopted after motion, second and majority vote favoring same, this day of .2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA , Deputy Clerk By: FRED W. COYLE, Chairman 1 of 2 Packet Page -1412- Approved as to Form And Legal Sufficiency: Steven T. Williams Assistant County Attorney qp& Attachment: Exhibit A - Vacation of Easements CP:12- EIS - 02224115 2 of 2 Packet Page -1413- 5/8/2012 Item 17.13. 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