Loading...
Backup Documents 04/23/2013 Item # 9A 9A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS flsrN To: Clerk to the Board: Please place the following as a: Eg Normal legal Advertisement 0 Other: (Display Adv,,location,etc.) ********************************************************************************************************** Originating Dept/Div: Engineering Services,Growth Management Division Person: Marcus L.Berman.P.S.M. Date: 3-27-201.3 Petition No.(If none,give brief description): VAC-PL20120002564 1518 Glen Eagle Blvd. Petitioner: (Name&Address); Kirk Ritchie,McAnly Engineering and Design,Inc.,2025.1&C Blvd., Suite 5,Naples Florida 34109 Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date:(Based on advertisement appearing 20 days before hearing)April 23,2013 Newspaper(s)to he used: (Complete only if important): E Naples Daily News Ej Other 0 Legally Required Proposed Text: (Include legal description&common location&Size: Companion petition(s),if any&proposed hearing date:n/a Does Petition Fee include advertising cost?0 Yes r4 No If Yes,what account should be charged for advertising costs: 131-13827-649100 46°014 aDai rxe oio ZS 3 Reviewed bv;,, Jack McKenna 7 3 County Engineer Date List Attachments: See below DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [1] County Manager agenda file: to El Requesting Division LI Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USERNJeYn Date Received: `V Zoi Date of Public hearing:4-2.3-9zi 3 Date Advertised: Lk "VA 4 q-n.2013 Ann P. Jennejohn 9A From: BermanMarcus <MarcusBerman @colliergov.net> Sent: Tuesday, April 02, 2013 7:58 AM To: Patricia L. Morgan; McKenna, Jack; Neet, Virginia; Rodriguez, Wanda; Brock, Mary Jo; Kendall, Marcia;Wells, Laura Subject: Ad request VAC-PL20120002564 1518 Glen Eagle Blvd Attachments: Request for legal advertisment for 4-23-13 BCC Mtg.doc Please process the attached and acknowledge receipt at your earliest convenience. Also please send conformation for final approval to Virginia Neet, Wanda Rodriquez, County Attorney's office, Marcia Kendall and myself. Thank you /*Veal Be/./aK, P i* Collier County Land Surveyor Engineering Services Growth Management Division/Planning and Regulation Office: (239) 252-6885 Please consider the environment before printing this email. r.;ct o l,. '._. a niat r_c:aa.1..if aoo do not want your e maCi aodr.o.,o leased osp,onse to a pubic _,cords ..uest.c ,o.,t se t Sf S7€ to this 1 9A March 27, 2013 Board of County Commissioners Public Hearing Advertising Requirements Please publish the following Advertisement on Wednesday, April 10, 2013 &Wednesday, April 17, 2013 and furnish proof of publication to the attention of Marcus L. Berman, County Land Surveyor in the Land Development Services Department, Engineering Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be one column wide in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on all Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Engineering Services Department FUND & COST CENTER: 131-138327-649100-00000 PURCHASE ORDER NUMBER: 4500140027 Account Number: 068783 9A NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday,April 23,2013, in the Board of County Commissioners meeting room,third floor, Collier Government Center, 3299 East Tamiami Trail,Naples FL,the Board of County Commissioners(BCC) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: RESOLUTION NO.2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC-PL20120002564, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE UPLAND RECREATIONAL OPEN SPACE EASEMENT (U.R.O.S), BEING A PART OF TRACT "S" OF EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE ONE, PLAT BOOK 17, PAGES 47 THROUGH 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING A PART OF SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. MORE SPECIFICALLY SHOWN IN EXHIBIT "A". A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ., CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Martha Vergara Deputy Clerk(SEAL) April 10 & 17, 2013 i9A April 2, 2013 Board of County Commissioners Public Hearing Advertising Requirements Please publish the following Advertisement on Wednesday, April 10, 2013 and again on the following Wednesday, April 17, 2013 and furnish proof of publication to the attention of the Minutes and Records Department, 3299 Tamiami Trail East, Suite #401, Naples, FL 34104. Please reference the following on all Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Engineering Services Department PURCHASE ORDER NUMBER: 4500140027 Account Number: 068783 9A NOTICE OF PUBLIC HEARING TO CONSIDER A RESOLUTION Notice is hereby given that on Tuesday,April 23,2013, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail,Naples FL,the Board of County Commissioners(BCC) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: RESOLUTION NO.2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC-PL20120002564, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE UPLAND RECREATIONAL OPEN SPACE EASEMENT (U.R.O.S), BEING A PART OF TRACT "S" OF EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE ONE, PLAT BOOK 17, PAGES 47 THROUGH 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING A PART OF SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. MORE SPECIFICALLY SHOWN IN EXHIBIT"A". A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER,ESQ., CHAIRWOMAN DWIGHT E. BROCK, CLERK By Ann Jennejohn Deputy Clerk(SEAL) April 10& 17, 2013 County of Collier CLERK OF THEECIRUIT COURT Dwight E. Brock COLLIER COU1 'Y COURTHOUSE Clerk of Courts Clerk of Courts 3315 TAMIAMI TRL E STE 102 , P.O.BOX 413044 Accountant NAPLES, FLORIDA 'vr NAPLES,FLORIDA Auditor 34112-5324 l- 34101-3044 Custodian of County Funds _I— W April 2, 2013 Kirk Ritchie McAnly Engineering and Design, Inc. 2025 J & C Boulevard, Suite #5 Naples, FL 34109 Re: Petition VAC-PL20120002564, 1518 Glen Eagle Boulevard Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 23, 2013, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News Wednesday, April 10, 2013 and again on the following Wednesday, April 17, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk @collierclerk.com g A p Ann P. Jennejohn From: PepinEmily <EmilyPepin @colliergov.net> Sent: Tuesday, April 02, 2013 10:50 AM To: Ann P.Jennejohn; BermanMarcus; Patricia L. Morgan; Neet, Virginia; Rodriguez,Wanda; Kendall, Marcia Attachments: Approved Resolution - 021313.pdf The dates on this copy need to be changed to reflect the new meeting date,but this is the approved resolution before it was continued. Let me know if you need the updated copy of the resolution Emily R.Pepin Assistant County Attorney Collier County Attorney's Office 3299 Tamiami Trail East, Suite 800 Naples, Florida 34112 (239)252-8400 Under Fiorida Law, rr aii addresses. are pubiic records,it you do not wa nt your e n.r 3;.address released in response to a public records request,do of send electronic trail to this entity,instead, o 3tactthis soffit t r telephone Cr in writing. 1 i9A RESOLUTION NO.2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION VAC- PL20120002564 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE UPLAND RECREATIONAL OPEN SPACE EASEMENT (U.R.O.S), BEING A PART OF TRACT "S" OF EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE ONE, PLAT BOOK 17, PAGES 47 THROUGH 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING A PART OF SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,MORE SPECIFICALLY SHOWN IN EXHIBIT A. WHEREAS, pursuant to Section 177.101, Florida Statutes, and Resolution 2006-160, Petitioner, Kirk Ritchie, of McAnly Engineering and Design, Inc. for the property owner, has requested the vacation of the County and the public interest in a portion of the Upland Recreational Open Space Easement (U.R.O.S), part of Tract "S" of Embassy Woods Golf and Country Club at Bretonne Park, Phase One, Plat Book 17, Pages 47 through 49 of the Public Records of Collier County, Florida, being a part of Section 5, Township 50 South, Range 26 East, Collier County,Florida, and more specifically described in Exhibit A; and WHEREAS, at its February 12, 2013 regular meeting, the Board of County Commissioners, via Resolution No. 2013-26, approved the scheduling of a public hearing on March 12,2013,pursuant to Section 177.101,Florida Statutes,and Resolution 2006-160; and WHEREAS, the Board of County Commissioners, on this day, held a public hearing to consider the petitioner's request and notice of said public hearing was given as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County interest in a portion of the Upland Recreational Open Space Easement (U.R.O.S), part of Tract "S" of Embassy Woods Golf and Country Club at Bretonne Park, Phase One, Plat Book 17, Pages 47 through 49 of the Public Records of Collier County, Florida,being a part of Section 5, Township 50 South, Range 26 East, Collier County, Florida, as specifically depicted in Exhibit A, attached hereto, 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 and to make proper notation of this Resolution on the plat recorded in Plat Book 17, Pages 47 through 49 of the public records of Collier County,Florida. 1 9 A THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same,this 12th day of March,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA By: ,Deputy Clerk GEORGIA A. HILLER,ESQ. Chairwoman Approved as to form and legal sufficiency: di. • Li tp.„44-1 rnily R.Pe in Assistant County Attorney Attachments: 1) Exhibit A 2)Location/Site Map 1• 9 A Iir7NLY ENGINEERING AND DESIGN INC CIVIL ENGINEERING STRUCTURAL ENGINEERING LAND SURVEYING EXHIBIT A LEGAL DESCRIPTION U.R.O.S.EASEMENT TO BE PARTIALLY VACATED• LOCATED IN TRACT S EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK COLLIER COUNTY,FLORIDA AUGUST 14,2012 COMMENCE AT THE SOUTHEAST CORNER OF TRACT AS SHOWN ON THE PLAT OF EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE ONE AS RECORDED IN PLAT BOOK 17 PAGES 47 THROUGH 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA AND RUN THENCE: S89°56'38"W 292.32';THENCE N01°10'36"W 405.45';THENCE N88°49'24"E 20.00';TO THE POINT OF BEGINNING;THENCE N01'10'36"W 265.00'; THENCE N88°49'24"E 20.00';THENCE S01°10'36"E 265.00;THENCE S88°49'24"W 20.00' TO THE POINT OF BEGINNING. CONTAINING 5300 SQ.FT. OR 0.122 ACRES MORE OR LESS THIS a 1SCRIF o ti PREPARED BY WILLIAM C. McANLV. Y.S.M. 1543 2025 J&C BLVD SUITE 5 NAPLES FL 34109 VAC-PL20120002564 Rev:2 1518 GLEN EAGLE BLVD DATE: 12/10/12 DUE: 12/26/12 1 2025 J&C BOULEVARD-SUITE 5 NAPLES,FLORIDA 34109-8204 PHONE(239)593-3299 FAX(239)593-3298 9A 04,1 EXHIBIT A SKETCH TO ACCOMPANY LEGAL DESCRIPTION 0.. BRITTANY PLACE PHASE 2 4`) (PLAT BOOK 30. PAGE 29 INKOuGN 31) *tr I Af 0 c:cr N88.42,24-E _....., ,-, 1 Pr .., 1 . UROS EASEMENT TO BE VACATED z A. 530D SOFT OR 9 rig 9 11122 AC +/- I 0 cal°g a UROS EASEMENT j or of I TO RDAAIN—“-"' 5300 SOFT OR " /VI 0.12 AC+1- ;0 SA I •"4 P.o.e. ,0,, TRACT 'S' EASEMENT TO le, MAINTENANCE J ill BE VACATED co SITE 1, ' " ...---- ..---- O-- 20 q 20.00 ..- -", — NO849.24E— S8549" / - CSP*KG , ——- 8 m / CONSERVATION EASEMENT .'"----------1 , a \ / irill TRACT 'B' .m ti 0 COMMERCIAL 1 SITE .1 2 0. EXISTING ,.., Li U.R.O.S. EASEMENT , 2 1 , A. I P.O.C. E01 DRAINAGE EASEMENT S.E. COR 1 ,'—S.E. V 2922 1 S89'56.313"W .3 ' DAVIS BOULEVARD (S.R.-84) NOTE: U.R.O.S. - UPLAND RECREATIONAL. OPEN SPACE X lity/ P OR TI ON OF U.R.O.S. EASEMENT TO BE VACATED LEGAL DIE3CRIPTION: iftat./11- SEE LEGAL.DESCRIPTION ON SHEET 1 OF 2 . , GLEN EAGLE McANLY ENGINEERING III 11111 PARTIALLY VACATED CADS.EAU:RENT AND DESIGN INC. Ilk El DIONCLIIING.•iki164.LANO smaym TRACT&EMBASSY WOODS SOU AIN) Agis JAC 61:0,x6666-WIZ 6 li. couwrKY cu.s AT SIWTONNE PARK NNW.RONK 6.6)6 Mk 0CA1 1*-109j0161.,Ita 10,6,41.6.616610.1120/4012 030 5"-'321$ MS *J$)663-2360 64 RCV16104 OME COPYIlegl.2011 lev rismi.s egmtVe166• Mak pc.644*OM.81501166 PROJittk 000696 1 SHEET%2 or 2 1 . , 1 9 A Z 0 0 WW (1) Z CO.cti- F- al (*) < (.....) < LU <a -... vt CC> CC LU 0 a r 44\-- Z -5- ( 1 u_I ko ,-) L_ -r----r \C. M TS LL.1 a Za (jf) re < 1 _I w LLJ D g CD 0 f.-21 2 , (7) Ca Z U) Et < 7, 1 Si a 6- v-I • w .. . c ..... ,; ow „,,::0-2:, 0 0 g.' > .§ C\I 31VOS 0110N mr..4 '''ii1C4 0 t N Fvq,..E ez. z a>•-.alt0 z >..ACIgt1)-tg -I'M 0 IV, n is gE k! ,.. a. ,4,.. i< 3)61 V" :64' mit_i 11119 k . mil 1.1 11 11 1 _ ''. ,,,--, \) .,, _ ......... lir"7701,..„1 ni-ii"' -A.- . .1'8 ,., t=z-' I I ■ ,..t o i il .1 I ,,, Ci) Si 40, ,.., ... - 1 -elm li . ..... , 0.. J aye Nxrini A.iNno.3 -6 z S' ,ii 5 u gi 0 _ . i k 11":4 F R;;3 ' iiii 1 _ 0 . „, — 1.-1 rE E,A ;',3 two aocarst ' r. 53wit a 3:5 000117kral I—.Z V li iii- i 4,) • 1 I ____ 1 1 0 0 ill i.-. --)< z 1-z, 09 0 0 ca g rt 0 tI 11 I k g t4 . 1 • ocs *E c tl m 9A Ann P. Jennejohn To: legals @naplesnews.com Subject: VAC-PL20120002564 Attachments: VAC-PL20120002564.doc;VAC-PL20120002564.doc Good Morning! Please advertise the attached on Wednesday, April 10, 2013 and again the following Wednesday, April 17, 2013. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) 1 19A r .1 Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Tuesday, April 02, 2013 1:10 PM To: Ann P.Jennejohn Subject: Ad Confirmation Attachments: UASA3B7 jpg Hi Ann! Hope you're having a nice day...wish I was at the beach...lol! Please provide approval ASAP for publication on 04.10 and 04.17.13. Thanks!!! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 312-1251 I cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read.Learn.Share. How may we help you? Call us at (239) 213-6000 Thank you for placing your ad. Date 04/02/13 Publication NON Account Number 744106 Ad Number 1984819 Total Ad Cost $442.06 1 9A ` 4 VAC-PL20120002564 1518 Glen Eagle Boulevard Embassy Woods Golf& Country Club NOTICE OF PUBLIC HEARING TO CONSIDER A RESOLUTION Notice is hereby given that on Tuesday, April 23, 2013, in the Board of County, Commissioners Meeting=Room, Third Floor„ Collier Government Center, 3299 East Tamiarni Trail, Naples FL,the Board of County Commissioners (BCC)will consider the enactment of ra County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as foliov : RESOLUTION NO.2013-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC-PL20120002564,TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE UPLAND RECREATIONAL OPEN SPACE EASEMENT(U.R.O.S), BEING A PART OF TRACT "S" OF EMBASSY WOODS GOLF AND COUNTRY CLIMB AT BRETONNE PARK, PHASE ONE, PLAT BOOK 17, PAGES 47 THROUGH 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING A PART OF SECTION 5,TOWNSHIP 50 SOUTH,RANGE 2G EAST,COLLIER COUNTY,FLORIDA. MORE SPECIFICALLY SHOWN iN EXHIBIT "A" A copy or the proposed' Resolution is can file with the clerk to the Boardi and is available for inspection. All interested parties are invited to attend and be heard. hrDTE: All persons wishing to speak on any agenda item trust register tvlth the County IVtanarJer prior to presentation of the agenda item to be addressed. Individual speakers writ be limited to 3 minutes on any item_ The selection of any individual to speak on behalf cif an organization or group is encouraged. if recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the aoard agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. Jr: any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior tc the public hearing. All materials used.in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board tvili need a record of the procevdin s pertaining thereto and therefore. may creed to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled. at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tarniami Trail East, Suite 101. Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMM1SSIDI4ERS COLLIER COUNTY, FLORIDA GEORGIA,A HILLER, ESQ.,CHARWOMAN 3WiGHT E. rBROCK,CLERK By Ann Jennejohn Deputy Clerk(SEAL) April 10 S 17, 2013 No 1984619 9A Ann P. Jennejohn From: BermanMarcus <MarcusBerman @colliergov.net> Sent: Tuesday, April 02, 2013 1:39 PM To: Ann P.Jennejohn Cc: Kendall, Marcia; Neet,Virginia Subject: RE:Ad Confirmation O.K. Marcus L. Berman, P.S.M. Collier County Land Surveyor Engineering Services Growth Management Division/Planning and Regulation Office: (239) 252-6885 Li Please consider the environment before printing this email. Original Message From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Sent: Tuesday, April 02, 2013 1:18 PM To: BermanMarcus; NeetVirginia Cc: KendallMarcia Subject: FW: Ad Confirmation Hi again, Please review the attached legal notice for VAC-PL20120002564, scheduled for publication Wednesday, April 10 & Wednesday, April 17 for the April 23, 2013 BCC Meeting. Please send me an o.k. after you've had a chance to look it over. Thank you! Ann Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Tuesday, April 02, 2013 1:10 PM To: Ann P. Jennejohn Subject: Ad Confirmation Hi Ann! Hope you're having a nice day...wish I was at the beach...lol! 1 9A Ann P. Jennejohn From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Tuesday, April 02, 2013 4:49 PM To: Ann P.Jennejohn Subject: FW:Ad Confirmation Original Message From: PepinEmily Sent: Tuesday, April 02, 2013 4:48 PM To: NeetVirginia Subject: RE: Ad Confirmation Approved. Emily R. Pepin Assistant County Attorney (239) 252-8400 Original Message From: NeetVirginia Sent: Tuesday, April 02, 2013 4:48 PM To: PepinEmily Subject: FW: Ad Confirmation Original Message From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent: Tuesday, April 02, 2013 1:18 PM To: BermanMarcus; NeetVirginia Cc: KendallMarcia Subject: FW: Ad Confirmation Hi again, Please review the attached legal notice for VAC-PL20120002564, scheduled for publication Wednesday, April 10 & Wednesday, April 17 for the April 23, 2013 BCC Meeting. Please send me an o.k. after you've had a chance to look it over. Thank you! Ann Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] i s 9A Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday,April 03, 2013 10:05 AM To: 'Polidora, Carol' Subject: RE:Ad Confirmation Looks beautiful Carol, please publish on April 10th and April 17th, 2013 Have a great day! Ann Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Tuesday, April 02, 2013 1:10 PM To: Ann P. Jennejohn Subject: Ad Confirmation Hi Ann! Hope you're having a nice day...wish I was at the beach...lol! Please provide approval ASAP for publication on 04.10 and 04.17.13. Thanks!!! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 312-1251 I cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read.Learn.Share. How may we help you? Call us at (239) 213-6000 Thank you for placing your ad. Date 04/02/13 Publication NDN Account Number 744106 Ad Number 1984819 Total Ad Cost $442.06 1 Naples Daily News P Y Naples, FL 34110 Affidavit of Publication Naples Daily News BCC/ENGINEERING-ENVIRONMENTAL FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 REFERENCE: 068783 4 5 0 0 14 0 0 2 7 NOTICE OF PUBLIC HEARING TO CONSIDER A RESOLUTION 59716775 NOTICE OF PUBLIC Notice is hereby given that`on Tuesday, April 23, 2013, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL,the Board of County Commissioners(BCC)will consider the enactment of Pa County Resolution. The meeting will commence at 9:00 A.M. State of Florida The title of the proposed Resolution is as follows: Counties of Collier and Lee RESOLUTION N0.2013-_ . Before the undersi nod authority pei RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER g Y P COUNTY, FLORIDA, RELATING TO PETITION VAC-PL20120002564, TO DISCLAIM, appeared Amy says that Si se RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION PP Y Davidson,� OF THE UPLAND RECREATIONAL-OPEN SPACE EASEMENT(U.R.O.S),BEING A PART Inside Sales Supervisor, of the Naples OF TRACT-S"OF EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE RECORDS OF COWER COUNTY,FLORIDA,BEING A PART OF SECTION 5,r TOWNSHIP a daily newspaper published at Naples, So SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA. MORE SPECIFICALLY SHOWN IN EXHIBIT"A" County, Florida: distributed in Collie/ A copy of the proposed Resolution is on file with the Clerk to the Board and is and Lee counties of Florida; that the available for inspection.All interested parties are invited to attend and be heard. copy of advertising was published in SC NOTE:All persons wishing to speak on an agenda item must register with the County Manager prior to presentation ofr the agenda item.to be addressed. newspaper on dates listed. Individual speakers will be limited to 3 minutes on any item. The selection of any Affiant further says that the said Nz individual to speak on behalf of an organization or group,is encouraged: If recognized by the Chairman, spokesperson for a group or organization may be allotted 10 minutes to speak on an item. News is a newspaper published at Napl e( Persons wishing to have written or graphic materials included in the Board agenda Collier County, Florida, and that the . packets must submit said material a minimum of 3 weeks prior to the respective Public hearing. In any case, written materials intended to be considered by the newspaper has heretofore been cont inuol Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. AI materials used in presentations before the Board day and has been entered as second clal willbecomeapermanentpartoftherecord. matter at the post office i n Naples, is Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a Collier County, Florida, for a period verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. next preceding the first publication o If o� are a y person with a diiability who needs any accommodation in order to attached copy of advertisement; and af. participate in this proceeding,you are entitled;at no cost to you,totne'prowsion of certain assistance. Please contact;the Cohier County Facilities Manegement further says that he has neither paid Department located at 3335 Tamiam;Trail East Suite 101;NapleL I 34112-5356, ' (239) 252-8380, at least two days prior to the meeting. Assisted listening devices promised any person, firm or corporatic for the hearing impaired are available in the Board of County Commissioners Office. discount, rebate, commission or refund BOARD OF COUNTY COMMISSIONERS of this advertisement COLLIER COUNTY,FLORIDA purpose securing GEORGIA A.HILLER,ESQ.,CHAIRWOMAN publication in the said newspaper. DWIGHT E.BROCK CLERK • By Ann Jennejohn :F Deputy Clerk(SEAL) PUBLISHED ON: 04/10 04/17 Aoril10&172011 No1984819 AD SPACE : 88 LINE FILED ON: 04/17/13 + Signature of Affiant /' - 1 Y , 'Iv Sworn to and Subscribed b ore me s - day of CA� 20 Personally known by me : t ?c s I, �s� MY COhAl1eSION r E &.1'59 EXPIRES:November 25,2614 1. ;,pf:ys,Q P Bonded Thu Plcherd Insurance Agency T ,.., 4a � ° , 9A a ii i' rt m N o = � u 0 O (\ 0 0 rdr�� W = J 0 m ! cL. ■ O •• Q O w V I. () " a tY N (9 W Z W W Z D CC I-I :k VI , ° ° O o ~ cA E 1 1 1 o °CZ O a cC 0 a W ooa 0 ula IIIMI ^ y N � (n 1-- O ,_ 5 Z °o o cc_ mo a a Z W D O Z W Q ., 'S umm W = .. Z ,W F z - I- O v W / ` Q V Vl ' ° 000 O 0 _ >- z >. ° m .~iQ W Q LU W m {�L NJ zip in 0 I a o , F., W La M ' ,, I a F Z W J V � cu M m MmW v im. I— M NOI- W W il Z N g z < Z W am C• ~ ~ V;LI 12 u0. Ill t)LY = 0 (9 ° (n V a Ei t Q Q W W Lu � z � w � a 0 V to• omo = J z C cem � O u a. �y ° W W ,-.1-4 1 W `/ L1Y_ -IJ Q Z x Q0 2 a z re uu u a , 9 A 1 a t- CD D in re CI 4 W m� o Z � ' � U 0 / o � = m J Q H O ¢ Ow U r / 3 QW _ Ijw wZ z W I1 p 49' d'¢ ce c C N Q Q Ig �� -�- oo- Z O a F-'1 •-ani /�0-1 s F,I) I 0 IC O. / p a � 4 ce = c '1 c ~ x Z ce 4 n Op a Q Cn f 1 1• W O Z cr� W ZmW E i- < i ,3 4► ZZ � 2 z U v ^'-n W p n CI Q �'J 0 °o La/�1 a O ›.. ‘1r-4 .) LUWm ' ~ p W LOL W OL - W > 0 W ° J Q O_ Z un un W ..� c!� a ~ _n A C7 w Z W t� ) f„jZJ _ J Li" U ■M a Uqt cif) CO 2. 4 p �- 0 0 H Ui W NJ = GC I Z ___L--. 7 r zQ � 1-- z CI. O 0 7 (7 LL LL W ( ° - W o V) F � a > W &) W Q W c Z0z 4 f J � u z a c 0mo z w �d W E J 5 u %o./ Z a Z a' 0U c=i) 0 a ► a) OIL �t . 9A L. %I z W m 3 '-' V i 03 LL O 00° 0 a W = } J0 = m J LO a m U �j � W W Q ` 3 a = ~ r � � a v) 4 w z LU Z W 5 vv) 8 to F. O� 0 E . pcc ci W o O al N a °V 4 4 "J" o ° Z 0 a .1 rg —' i' N0a F- O RS y W G1 Ong Z 0 U 4 0 a ct 4 co m W a� = 4 z �W X F" a = t'�R 1 0z0 O eN 4 °.Q- ' °° 0 5( W oWm O E- J • ZAP W 0 ge .- :A qo__. i , <4 cn < Y Z LT, W s - azw 5 LU J M -. d L � U M m V 10 oOh w W '�' w I- Z r1 .-r -- - Luz cc 0 Ix- 0 � li Ft 0 0 d z W °a -i- W o o U c� u. LLI E wn W E vl ae W 4 G W C D 0 Z LLI ,m Q or z a E () mo v C W W ►-i W U \•10 W W < 0 = 0 z Q Z w U v) U G. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP n TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO t 7 A 11111 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. yam' **NEW**ROUTING SLIP `- J 4o reccardi 1o3 cc t 41246 Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. • 2. 3. County Attorney Office County Attorney Office Lila(-11/3 4. BCC Office Board of County CG Commissioners U YWIA\Z-SAV3 5. Minutes and Records Clerk of Court's Office --PM f PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to_contact staff for additional or missing information. Name of Primary Staff Marcus L.B rman,P.S.M. Phone Number 239.252.6885 Contact/ Department Agenda Date Item was 4/23/2013 Agenda Item Number 9.A. Approved by the BCC Type of Document O2esolution(� ;=Conservation Easement Number of Original 2 Attached 21)[�j-'11 Documents Attached PO number or account 131-138327-649030 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? MLB 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed MLB by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's MLB Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the MLB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MLB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip MLB should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to TJillahassee within a certain time frame or the BCC's actions are nullified. Be aware of yyrur deadlines! 8. The document was approved by the BCC on 04-23-2013 and all changes made MLB during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable.QS() u.(xlak(A. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the to' Chairman's signature. 'A I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 9 RESOLUTION NO. 2013-9 9 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION VAC- PL20120002564 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE UPLAND RECREATIONAL OPEN SPACE EASEMENT (U.R.O.S), BEING A PART OF TRACT "S" OF EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE ONE, PLAT BOOK 17, PAGES 47 THROUGH 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING A PART OF SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, MORE SPECIFICALLY SHOWN IN EXHIBIT A. WHEREAS, pursuant to Section 177.101, Florida Statutes, and Resolution 2006-160, Petitioner, Kirk Ritchie, of McAnly Engineering and Design, Inc. for the property owner, has requested the vacation of the County and the public interest in a portion of the Upland Recreational Open Space Easement (U.R.O.S), part of Tract "S" of Embassy Woods Golf and Country Club at Bretonne Park, Phase One, Plat Book 17, Pages 47 through 49 of the Public Records of Collier County, Florida, being a part of Section 5, Township 50 South, Range 26 East, Collier County, Florida, and more specifically described in Exhibit A; and WHEREAS, at its February 12, 2013 regular meeting, the Board of County Commissioners, via Resolution No. 2013-26, approved the scheduling of a public hearing on March 12, 2013, or soon thereafter, pursuant to Section 177.101, Florida Statutes, and Resolution 2006-160; and WHEREAS, County staff has reviewed the vacation, along with the required replacement conservation easement attached hereto as Exhibit B, and has determined that the location of the replacement conservation easement will not result in the increase of setback requirements, as stated in Section 3.05.07.H.3 of the Collier County Land Development Code, on the adjacent property; and WHEREAS, the Board of County Commissioners, on this day, held a public hearing to consider the petitioner's request and notice of said public hearing was given as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County interest in a portion of the Upland Recreational Open Space Easement (U.R.O.S), part of Tract "S" of Embassy Woods Golf and Country Club at Bretonne Park, Phase One, Plat Book 17, Pages 47 through 49 of the Public Records of Collier County, Florida, being a part of Section 5, Township 50 South, Range 26 East, Collier County, Florida, as specifically depicted in Exhibit A, attached hereto, is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the public interest and for the public benefit. 9A 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 and to make proper notation of this Resolution on the plat recorded in Plat Book 17, Pages 47 through 49 of the public records of Collier County, Florida. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this 23`d day of April, 2013. A 'I` '.1-- -- ° BOARD OF COUNTY 'OMMISSIONERS D_WIur E dikt , CLERK COLLI ' ft,0 TY, 'LORIDA •s - � I • A _A jak ` A B AWN r A rrst as_to-crian=k Deputy WO; 'A A. HILLER, ESQ. Chairwoman signature on r Approved as to form and legal sufficiency: e a . Emily R. Pe 9 n Assistant County Attorney Attachments: 1) Exhibit A 2) Exhibit B 3) Location/Site Map I2-EIS-02363/43 III McANLY ENGINEERING R Y A _ AND DESIGN INC. _ CIVIL ENGINEERING STRUCTURAL ENGINEERING LAND SURVEYING EXHIBIT A LEGAL DESCRIPTION U.R.O.S.EASEMENT TO BE PARTIALLY VACATED LOCATED IN TRACT S EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK COLLIER COUNTY,FLORIDA AUGUST 14,2012 COMMENCE.AT THE SOUTHEAST CORNER OF TRACT'S' AS SHOWN ON THE PLAT OF EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE ONE AS RECORDED IN PLAT BOOK 17 PAGES 47 THROUGH 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA AND RUN THENCE: S89°56'38"W 292.32'; THENCE N01°10'36"W 405.45'; THENCE N88°49'24"E 20.00';TO THE POINT OF BEGINNING;THENCE N01°10'36"W 265.00'; THENCE N88°49'24"E 20.00';THENCE S01°10'36"E 265.00;THENCE S88°49'24"W 20.00' TO THE POINT OF BEGINNING. CONTAINING 5300 SQ. FT. OR 0.122 ACRES MORE OR LESS THIS ,SCRIP' 11 PREPARED BY • 1 2/t 4i /12-- WILLIAM C. McANLY P.S.M. 1543 2025 J&C BLVD SUITE 5 NAPLES FL 341.09 ." VAC-PL20120002564 Rev:2 1518 GLEN EAGLE BLVD DATE: 12/10/12 DUE: 12/26/12 2025 J&C BOULEVARD-SUITE 5 NAPLES,FLORIDA 34109-6204 PHONE(239)593-3299 FAX(239)593-3298 EXHIBIT A SKETCH TO ACCOMPANY LEGAL DESCRIPTION BRITTANY PLACE PHASE 2 (PLAT BOOK 30. PACE 29 THROUGH 31) 4,, Q- OV 0 N88'49'24'E �Sy L_ _ 20.00' 7 I UROS EASEMENT TO BE VACATED //U) 5300 SOFT OR I 0.0g 0.122 AC +/- I oo UROS EASEMENT a C TO REMAIN �` woo so OR 1Q 22 AC +1- 8 P.O.B. TRACT 'S' EASEMENT TO MAINTENANCE J i w BE VACATED 20.00' 20.00' i h NB8'49'24 E S8B'49'24'W i- -'EXISTNG m / CONSERVATION II{ EASEMENT V i w/S TRACT 'B' tic/ COMMERCIAL g SITE 4 c EXISTING g ig U.R.O.S. EASEMENT i 4 P.O.C. 80' DRAINAGE EASEMENT S.E. COR S89'58'3MW 292.32' f TRACT 'S' DAVIS BOULEVARD (S.R.-84) NOTE: U.R.O.S. - UPLAND RECREATIONAL OPEN SPACE PORTION OF U.R.O.S. EASEMENT TO BE VACATED 21Y LEGAL DESCRIPTION 'I-dal/M.- SEE LEGAL DESCRIPTION ON SHEET 1 OF 2 OLEN EAGLE McANLY ENGINEERING PARTWlY moms)uxoa EASSIS NT AND DESIGN INC. ,1 ul0.ri s -/IAMO14 uw>R/nc,ra '_ TRACT 8,MASSY W0008 006►ANO ms we moms-sum a COUNTRY CLL.AT BRETONS PARK MArIfl VV�'A a"a Aaom$ •$•' U ' Ivai/�2, WAIL"40)nAU IA Iaeu1 *lo* 1M/m12 (7m)"3-32.9 rK( ')wa-ms p II[U101i DAVE =mon,cola n WM.,DI1.m•o N 1(113.me Au Atom KfOnmA_min mom 1 !1(2!2 Or 2 9 A ' 4 . IMcANLY ENGINEERING _ AND DESIGN INC. _ CIVIL ENGINEERING STRUCTURAL ENGINEERING LAND SURVEYING EXHIBIT "B" LEGAL DESCRIPTION CONSERVATION EASEMENT THROUGH TRACT S EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK COLLIER COUNTY,FLORIDA DECEMBER 27,2012 COMMENCE AT THE SOUTHEAST CORNER OF TRACT 'S' AS SHOWN ON THE PLAT OF EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK,PHASE ONE AS RECORDED IN PLAT BOOK 17 PAGES 47 THROUGH 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND RUN THENCE: S89°56'13"W 292.32'; THENCE N01° 10'36"W 80.02' TO THE POINT OF BEGINNING; THENCE N01°10'36"W 590.43; THENCE N88°49'24"E 20.00'; THENCE S01°10'36"E 318.12; THENCE N88°49'24"E 5.00'; THENCE N67°04'08"E 246.55'; THENCE N00°57'10"W 245.78';THENCE S89°02'50"W 325.31'; THENCE BY A CURVE TO THE LEFT OF RADIUS 408.00' AN ARC DISTANCE OF 43.89' SAID ARC BEING SUBTENDED BY A CHORD BEARING N40°06'12"E 43.87'; THENCE N00°57'10"W 11.98'; THENCE N89°02'50"E 336.52'; THENCE S00°57'10"E 660.10'; THENCE S89°56'38W 292.63' TO THE POINT OF BEGINNING. CONTAINING 126584 SQ. FT. OR 2.906 ACRES MORE OR LESS THIS DESCR .•N PREPARED BY i ILLIAM C. McANLY P.S.M. 1543 2025 J& C BLVD SUITE 5 NAPLES,FL 34109 2025 J&C BOULEVARD-SUITE 5 NAPLES,FLORIDA 34109-6204 PHONE(239)593-3299 FAX(239)593-3298 „ ., A ., ,, EXHIBIT H SKETCH T AC OMPANY LEGAL DESCRIPTION 4,14r BRITTANY PLACE PHASE 2 (PUT 000K 30. PACE 20 THROUGH 31) ' Op5s S89'02'30'W 325.31' 0 • 20.00' N88'49'24'E 1 Y 4 TRACT 'S' ' R MAINTENANCE 4 g SI a ?i= N TRACT B 1 i COMMERCIAL c rl S • ITE g N885.0 4'E 'OS °$� R„ 6 �/ CONSERVATI0Wj + g M ORIGINAL CONSERVATION $ / ASEM�,T °• 1 i AND UROS EASEMENTS i = 124,027 SO FT w CONSERVATION EASEMENT ..A . AFTER VACATION AND Il ADDITION OF EASEMENTS 126,584 GAIN OF 2,557 SO FT •' '3 VA • g NET ENT THROU TRACT 'S' m /Of 126,384 SO FT OR 2.906 AC+/- P.O.B. EASEMENT PROPOSED CONSERVATION THROUGH / TRACT.S. $8936'38'W 292.6S NO11 0'36'W 80.02' 80' DRAINAGE EASEMENT P.O.C. S.E. COR S89'36•13'W 292.32' TRACT '5' DAVIS BOULEVARD (S.R.-84) CURE fDATA I _ CURVE 1 408.00' 1 06'09'30'I LENGTH 43N.89' 14 I N40'06'12 E PROPOSED FINAL EASEMENT CONFIGURATION LEGAL DISCRETION: SEE LEGAL DESCRIPTION ON SHEET 1 OF 2 L GLEN EAGLE McANLY ENGINEERING 1 CONSERVATION EASEMDIT AND DESIGN INC. THROUGH TRACT'8' a,�.,m.,,0 PLAA.rw LAAo wAVC,.w 2023 AYC wutlw0-101I I 1 TRACT 6,EMBASSY Woos GOLF AND I NMIa't & 3410 _ COWRY CLUB ATE 0 TCI *PARK 1x211 IyJ FAA(230)303-32N woman DN DAA 3CA U 1'.10010021 AA ION JIDA+E 3/30/3012 Cd'AIOiT.2012 r YYA.Y£i 04 MO lE .aG ALL AIDITS tlEKD I::HIOIICII $1170410 I 1•021: 1 02 2 I-. , 9A 0 I I Z Q � Z mU 0 Ell — Q I— a Q I— j Z r v M L ,+ _s __. ..--I 0 n. f V L____ w W J W i D [~rxl a. co Q I CO 2 m Z ' N 2 4 o , _ 0 N .. H O o g z o o U CO 5u• a c l() oho Y! N o !4d w N O 2 �xv L so E .J 8.eZ z � II Z,' �� _ -1,t H 4MV�31(106 ITá!______________ _ N„ I . _. ell ! b 1 -i ci rya 1^� awl avo.NLV9 AiNf100 Z 5 il Mil— 44 11' MOW 0 W 4. il li , ili le 114 1 3 1 o R a s h 0001171001 a �■ aU / p 2 7.1 _ R 11 ■ a: .. C N CC C 9A f THIS INSTRUMENT PREPARED BY& RETURN TO: ROBERT E. MURRELL, ESQ. SAMOUCE, MURRELL&GAL, P.A. 5405 PARK CENTRAL COURT NAPLES, FL 34109 239-596-9522 ROBERTMURRELL @SMGLA WFIRM.COM PARCEL I.D. SPACE ABOVE TIIIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT • THIS CONSERVATION EASEMENT given this apt day of April , 2013, by Glen Eagle Golf & Country Club, Inc., a Florida non-profit corporation (hereinafter "Glen Eagle" or "Grantor"), as Grantor, whose address is 1403 Glen Eagle Boulevard, Naples, FL 34104 to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, Glen Eagle is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" attached hereto (hereinafter referred to as the "property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind Glen Eagle and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit "B" (the Easement Property). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Glen Eagle hereby grants a non-exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. 1 9A 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 excavations 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. 3. Glen Eagle, its 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 by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right of access to 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. Grantor 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. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. 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 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. 2 9A 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 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 Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances are 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. 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. 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. IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and *.-livered in the presence of: WITNESS 4Alri, Glen Eagle Golf and Country Club, Inc. a Florida non-profit corporation Printed ,ame: - -LLo C� 2�%c�t-hGa By: Printed Name: i°"/ 19- 0 3 9A ' 64 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was subscribed, sworn and acknowledged before me this VH day of January, 2013, by Mark Yegge, President of Glen Eagle Golf and Country Club, Inc., a Florida non-profit corporation, and who is personally known to me or [ ] who produced as identification. NOTARY PUBLIC Printed Name: 6.iit d .of'Nk. Notary Public State of Florida S Earle 0 Sanbom 4r My Commission EE 206409 • ''.)1 0.01- Expires 08/17/2016 Acceptance by Grantee: ATTEST:- ,. . BOARD OF COUNTY COMMISSIONERS DVIEIC T•E:-BRdC-K, CLERK COLLIER COUNTY, FLORIDA oLi\jc, By: '- Dep*Elerk GEORGIA A. HILLER, Chairwoman Attestasto Chairman's L � signature only., Approved as to form and Legal sufficiency: 44 .. I- ' Ca, y pip i n Assistant County Attorney 4 IMcANLY ENGINEERING t ink AND DESIGN INC. 9 A _ CIVIL ENGINEERING STRUCTURAL ENGINEERING LAND SURVEYING EXHIBIT "A" LEGAL DESCRIPTION TRACT S EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK COLLIER COUNTY,FLORIDA DECEMBER 27,2012 COMMENCE AT THE SOUTHWEST CORNER OF SECTION 5, TOWNSHIP 50S, RANGE 26E,COLLIER COUNTY FLORIDA AND RUN THENCE N00°40'53"W 75.00' THENCE N89°56'13"E 2657.31' TO THE SOUTHEAST CORNER OF TRACT 'S' AS SHOWN ON THE PLAT OF EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE ONE AS RECORDED IN PLAT BOOK 17 PAGES 47 THROUGH 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE POINT OF BEGINNING; RUN THENCE: S89°56'13"W 292.32'; THENCE N01°10'36"W 670.44; THENCE S89°02'50"W 77.24'; THENCE N52°19'O6"W 50.08.; THENCE BY A NON-TANGENT CURVE TO THE LEFT OF RADIUS 368.00' AN ARC DISTANCE OF 60.17' SAID ARC BEING SUBTENDED BY A CHORD BEARING N42°13'42"E 60.11'; THENCE N89°02'50"E 370.13'; THENCE S00°57'10"E 750.00' TO THE POINT OF BEGINNING. CONTAINING 126584 SQ. FT. OR 2.906 ACRES MORE OR LESS THIS r ESCRIF N PREPARED BY ILLIAM C. WANLY P.S.M. 1543 2025 J & C BLVD SUITE 5 NAPLES,FL 34109 2025 J&C BOULEVARD-SUITE 5 NAPLES, FLORIDA 34109-6204 PHONE(239)593-3299 FAX(239)593-3298 EXHIBIT "A" `'s* SKETCH To ACCOMPANY LEGAL DESCRIPTION TRACT 'S' ti BRITTANY PLACE PHASE 2 CO Q (PLAT BOOK 30. PAGE 29 THROUGH 31) Iv O ■ �, V tii'0( N89'02'50"E 370.13' �O a�'7 1 F- yi�'J- G y ota L1 I = TRACT 'S' o MAINTENANCE I c SITE z 2.m TRACT 'B' J °> COMMERCIAL / N -m SITE / 8 X Jm— EXISTING °. U m p / / CONSERVATION to ° u < EASEMENT J 2 D U rn —____—---, c o m TRACT "S" CONTAINS 226,826 S.F. cs, \v/ 8 =N (5.207 ACRES MORE OR LESS) ov v A En 0 CONSERVATION z EASEMENT THROUGH 0 TRACT 'S' m 126,584 SID FT OR 2.906 AC+/- 80' DRAINAGE EASEMENT P.0.8. S.E. S89 56'13'W 292.32' TRACT T 'S' N89'56'13"E 2657.31' NOO'40'53"W 75.00' DAVIS BOULEVARD (S.R.-84) COURSE DATA UNE BEARING LENGTH P.O.C. L1 589'02'50"W 77.24' SOUTHWEST CORNER L2 N52'19.06"W 50.08' SECTION 5,T50S, R26E CURVE DATA CURVE RADIUS DELTA LENGTH I CHORD =EARING C1 .: .' •t '•:• .8 0 ' ' ''4 • TRACT 'S' ifLEGAL DESCRIPTION: / . SEE LEGAL DESCRIPTION ON SHEET 1 OF 2 GLEN EAGLE McANLY ENGINEERING TRACT'8. AND DESIGN INC. MANTENANCE STE ENGINEERING,PLANNING,LAND SURWrN•C IIIN 2025 AK TRACT 8,EMBA88Y WOOD8 GOLF AND NAPLESFGWA 34109 5 COUNTRY CLARE AT BRETON&PARK (238)593_3299 FAX(239)593-3295 MO. REMSN)r15 D=•1 DATE SCALE:1'.1001 DM.:R.N. 'CHIC:MJRIDATE:9/20/2012 COPYRIGHT.2012 8T YH:AMLY ENONEERING AND DE9GM.RIG.AU.RIGHTS RESERVED PROJECT: 0970315 ) SHEET: 2 OF 2 IMcANLY ENGINEERING , uk AND DESIGN INC. 9 A _ CIVIL ENGINEERING STRUCTURAL ENGINEERING LAND SURVEYING EXHIBIT "B" LEGAL DESCRIPTION CONSERVATION EASEMENT THROUGH TRACT S EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK COLLIER COUNTY,FLORIDA DECEMBER 27,2012 COMMENCE AT THE SOUTHEAST CORNER OF TRACT 'S' AS SHOWN ON THE PLAT OF EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE ONE AS RECORDED IN PLAT BOOK 17 PAGES 47 THROUGH 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND RUN THENCE: S89°56'13"W 292.32'; THENCE NO1° 10'36"W 80.02' TO THE POINT OF BEGINNING; THENCE N01°10'36"W 590.43; THENCE N88°49'24"E 20.00'; THENCE S01°10'36"E 318.12; THENCE N88°49'24"E 5.00'; THENCE N67°04'08"E 246.55'; THENCE N00°57'10"W 245.78'; THENCE S89°02'50"W 325.31'; THENCE BY A CURVE TO THE LEFT OF RADIUS 408.00' AN ARC DISTANCE OF 43.89' SAID ARC BEING SUBTENDED BY A CHORD BEARING N40°06'12"E 43.87'; THENCE N00°57'10"W 11.98'; THENCE N89°02'50"E 336.52'; THENCE S00°57'10"E 660.10'; THENCE S89°56'38W 292.63' TO THE POINT OF BEGINNING. CONTAINING 126584 SQ. FT. OR 2.906 ACRES MORE OR LESS THIS DESCRI' 4•N PREPARED BY i ILLIAM C. McANLY P.S.M. 1543 2025 J&C BLVD SUITE 5 NAPLES,FL .34109 2025 J&C BOULEVARD-SUITE 5 NAPLES, FLORIDA 34109-6204 PHONE(239) 593-3299 FAX (239)593-3298 EXHIBIT "B" A 4' SKETCH Te ACCOMPANY LEGAL DESCRIPTION k. BRITTANY PLACE PHASE 2 2 (PLAT BOOK 30, PACE 29 THROUGH 31) z , -iv �L. m� ;W.,"6 i/ N89'02'50•E 336.52' CP`' S89'02 50 W 325.31' 4 i/ e 20.00' N88'49 24'E z § al j/ 0 o TRACT 'S' f o / MAINTENANCE no c LA SITE ,(#31 V /, /N >m //- j2g U) TRACT 'B' 00 COMMERCIAL z 0 A m SITE 0 v x w N88'49'24'E V 1m ›T CI 5.00' 6�,040� EXISTING j p at rn LP m N CONSERVATION ORIGINAL CONSERVATION / EASEMENT /q =D AND UROS EASEMENTS c % o m = 124,027 SO FT �',, / c0, CONSERVATION EASEMENT / x y AFTER VACATION AND 0 ADDITION OF EASEMENTS = 126.584 SQ FT z CONSERVATION NET GAIN OF 2,557 SQ FT EASEMENT THROUGH z TRACT 'S' rT1 126,584 SQ FT OR 2.906 AC+/- P.O.B. EASEMENT TRACT'S' X4 58956'38"W 292.63' N01'10'36'W 80.02' 80' DRAINAGE EASEMENT P.O.C. S.E. S89'S6'13'W 292.32' TRACT T '5' DAVIS BOULEVARD (S.R.-84) CURVE DATA CURVE I RADIUS DELTA LENGTH CHORD BEARING Cl 408.00' 06'09'50'_ 43.89' 43.87' N40'06'12'E PROPOSED FINAL EASEMENT CONFIGURATION Aiti 211/ LEGAL DESCRIPTION: SEE LEGAL DESCRIPTION ON SHEET 1 OF 2 GLEN EAGLE McANLY ENGINEERING CONSERVATION EASEMENT AND DESIGN INC. IIIN J THROUGH TRACT'8' ENGINEERING PLANNING.LANG SURVEYING 2025 JRC BOULEVARD-WTI S .E TRACT 8, I8ASSY WOOD8 GOLF AND NAPLES.FLORIDA 34109 COUNTRY CLUB AT BRETONNE PARK (239)S9r 3299 FAx(239)593-329! No. REVN.mNS DM DATE SCALE:1...1001 CHIN,R.N. JCHx.:U.x.RID AIL R/20/2012 COPYRIGHT,2012 BY NCMILV ENGINEERING AND DESIGN.INC.ALL RIGITS RESERVED PROJECT: 5970315 I SHEET: 2 OF 2 9A RESOLUTION NO. 2013-9 9 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION VAC- PL20120002564 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE UPLAND RECREATIONAL OPEN SPACE EASEMENT (U.R.O.S), BEING A PART OF TRACT "S" OF EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE ONE, PLAT BOOK 17, PAGES 47 THROUGH 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING A PART OF SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, . COLLIER COUNTY, FLORIDA, MORE SPECIFICALLY SHOWN IN EXHIBIT A. WHEREAS, pursuant to Section 177.101, Florida Statutes, and Resolution 2006-160, Petitioner, Kirk Ritchie, of McAnly Engineering and Design, Inc. for the property owner, has requested the vacation of the County and the public interest in a portion of the Upland Recreational Open Space Easement (U.R.O.S), part of Tract "S" of Embassy Woods Golf and Country Club at Bretonne Park, Phase One, Plat Book 17, Pages 47 through 49 of the Public Records of Collier County, Florida, being a part of Section 5, Township 50 South, Range 26 East, Collier County, Florida, and more specifically described in Exhibit A; and WHEREAS, at its February 12, 2013 regular meeting, the Board of County Commissioners, via Resolution No. 2013-26, approved the scheduling of a public hearing on March 12, 2013, or soon thereafter, pursuant to Section 177.101, Florida Statutes, and Resolution 2006-160; and WHEREAS, County staff has reviewed the vacation, along with the required replacement conservation easement attached hereto as Exhibit B, and has determined that the location of the replacement conservation easement will not result in the increase of setback requirements, as stated in Section 3.05.07.H.3 of the Collier County Land Development Code, on the adjacent property; and WHEREAS, the Board of County Commissioners, on this day, held a public hearing to consider the petitioner's request and notice of said public hearing was given as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County interest in a portion of the Upland Recreational Open Space Easement (U.R.O.S), part of Tract "S" of Embassy Woods Golf and Country Club at Bretonne Park, Phase One, Plat Book 17, Pages 47 through 49 of the Public Records of Collier County, Florida, being a part of Section 5, Township 50 South, Range 26 East, Collier County, Florida, as specifically depicted in Exhibit A, attached hereto, is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the public interest and for the public benefit. INSTR 4831338 OR 4913 PG 2902 RECORDED 4/29/2013 12:54 PM PAGES 7 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$61.00 9A 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 and to make proper notation of this Resolution on the plat recorded in Plat Book 17, Pages 47 through 49 of the public records of Collier County, Florida. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this 23`d day of April, 2013. 8?- AT S'f:'- --- • BOARD OF COUNTY ' OMMISSIONERS DWIGHT E :BPRbC ; CLERK COLLI , pi O TY, 'LORIDA ri►.ir By: elm - r'peputy 1:�� �"O' A A. HILLER, ESQ. A"Vi'stas td-viiti 4.: Chairwoman signature only., Approved as to form and legal sufficiency: f Emily R. Pe s n Assistant County Attorney Attachments: 1) Exhibit A 2) Exhibit B 3) Location/Site Map 12-EIS-02363/43 McANLY ENGINEERING _ ANA DESIGN INC. t 9 A t" _ CIVIL ENGINEERING STRUCTURAL ENGINEERING LAND SURVEYING EXHIBIT A LEGAL DESCRIPTION U.R.O.S.EASEMENT TO BE PARTIALLY VACATED LOCATED IN TRACT S EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK COLLIER COUNTY,FLORIDA AUGUST 14,2012 COMMENCE.AT THE SOUTHEAST CORNER OF TRACT'S' AS SHOWN ON THE PLAT OF EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE ONE AS RECORDED IN PLAT BOOK 17 PAGES 47 THROUGH 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA AND RUN THENCE: S89°56'38"W 292.32'; THENCE N01°10'36"W 405.45'; THENCE N88°49'24"E 20.00';TO THE POINT OF BEGINNING; THENCE N01°10'36"W 265.00'; THENCE N88°49'24"E 20.00';THENCE S01°10'36"E 265.00; THENCE S88°49'24"W 20.00' TO THE POINT OF BEGINNING. CONTAINING 5300 SQ.FT. OR 0.122 ACRES MORE OR LESS 41 THIS SCRIP'0'PREPARED BY 1 • ► th7 Iiz- WILLIAM C. WANLY P.S.M. 1543 2025 J&C BLVD SUITE 5 NAPLES FL 341.09 VAC-PL20120002564 Rev:2 1518 GLEN EAGLE BLVD DATE: 12/10/12 DUE: 12/26/12 2025 J&C BOULEVARD-SUITE 5 NAPLES,FLORIDA 34109-6204 PHONE(239)593-3299 FAX(239)593-3298 9 A r EXHIBIT A SKETCH TO ACCOMPANY LEGAL DESCRIPTION A, BRITTANY PLACE PHASE 2 (PLAT BOOK 30. PAGE 29 THROUGH 31) 0O Q--0, N88'49'24'E PSc' Z"-- _ 20.00' c UROS EASEMENT TO BE VACATED z%/En 5300 SOFT OR 9 0.122 AC +1- or UROS EASEMENT i m z TO REMAIN 0.122 S AC +/- Pi Is 6 yyv EASEMENT TO g g TRACT 'S' m> BE VACATED MAINTENANCE / c a yy 20.00' i N88 49'24 E S88'49'24'W i' -/EXISTING u m / / CONSERVATION °r LIB ( EASEMENT 5yC `��—� z \ 1N V GO TRACT 'B' �0 COMMERCIAL O SITE zo z 0 c EXISTING z rn U.R.O.S. EASEMENT 4 L_ P.O.C. 80' DRAINAGE EASEMENT S.E. COR S89'56'38'W 292.32' f TRACT 'S' DAVIS BOULEVARD (S.R.-84) NOTE: U.R.O.S. = UPLAND RECREATIONAL OPEN SPACE PORTION OF U.R.O.S. EASEMENT TO BE VACATED LEGAL DESCRIPTION: /11/11. ....1)1/*/r2-- SEE LEGAL DESCRIPTION ON SHEET 1 OF 2 • GLEN EAGLE McANLY ENGINEERING PARTIALLY VACATED MACS.EASEMENT AND DESIGN WC. EN £MCNEERI G►IANNINO.LAND SIAKri1G _ TRACT S,EMBASSY WOODS GOLF AND 2025 Jac 101REVAID-EWE 5 COUNTRY CLUB AT BRETONSE PARK NATO.tlN11A 7,10E I AWED 1/,1.0,5,5Ei1NTpN llrosnr SCAtL:1'■10010,515 R.M. IC1YC:TUERIDATE:$/20/2012 "39)55)-3255 MB(235)557-3E55 II� NO I MOONS DATE C20'101T,2012 110 MGM',(HpROgNO AND 5(004.510.ALL 11042$5E5ERTED PROdCT: $120045 I 91[57:2 0(2 I , McANLY ENGINEERING 9A ,.r. _ AND DESIGN INC. OWCIVIL ENGINEERING STRUCTURAL ENGINEERING LAND SURVEYING EXHIBIT "B" LEGAL DESCRIPTION CONSERVATION EASEMENT THROUGH TRACT S EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK COLLIER COUNTY,FLORIDA DECEMBER 27,2012 COMMENCE AT THE SOUTHEAST CORNER OF TRACT 'S' AS SHOWN ON THE PLAT OF EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK,PHASE ONE AS RECORDED IN PLAT BOOK 17 PAGES 47 THROUGH 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND RUN THENCE: S89°56'13"W 292.32'; THENCE N01° 10'36"W 80.02' TO THE POINT OF BEGINNING; THENCE N01°10'36"W 590.43; THENCE N88°49'24"E 20.00'; THENCE S01°10'36"E 318.12;THENCE N88°49'24"E 5.00'; THENCE N67°04'08"E 246.55'; THENCE N00°57'10"W 245.78';THENCE S89°02'50"W 325.31'; THENCE BY A CURVE TO THE LEFT OF RADIUS 408.00' AN ARC DISTANCE OF 43.89' SAID ARC BEING SUBTENDED BY A CHORD BEARING N40°06'12"E 43.87'; THENCE N00°57'10"W 11.98'; THENCE N89°02'50"E 336.52'; THENCE S00°57'10"E 660.10'; THENCE S89°56'38W 292.63' TO THE POINT OF BEGINNING. CONTAINING 126584 SQ. FT. OR 2.906 ACRES MORE OR LESS THIS DESCRI' R SN PREPARED BY i ILLIAM C. .McANL Y P.S.M. 1543 2025 J& C BLVD SUITE 5 NAPLES,FL 34109 2025 J&C BOULEVARD-SUITE 5 NAPLES,FLORIDA 34109-6204 PHONE(239)593-3299 FAX(239)593-3298 1 9A rl EXHIBIT "B" SKETCH T AC OMPANY LEGAL DESCRIPTION tv BRITTANY PLACE PHASE 2 ID 4 (PLAT BOOK 30, PAGE 29 THROUGH 31) Q p �vJ 0 � Ze /E .. 014:5 p• 589'02 50•W 325.31 s20.00' • / N8 8'49'24'E z • A c TRACT 'S'S � n I MAINTENANCE N 2 SITE 4. rn Co co TRACT 'B' §-I 400 o ji.� �w • o vx s N88'49'24'E �' A- 5.00 a,Oleos XIS N g 8 01 CONSERVATION ORIGINAL CONSERVATION / / ASEU NT °• R AND UROS EASEMENTS c / 9 /� m = 124,027 SQ FT a / 'm Co CONSERVATION EASEMENT AFTER VACATION AND e �0 ADDITION OF EASEMENTS NET2CAIN4OFQ2 57 SQ FT e 'VA • 2 SEMENT THROU r TRACT 'S' m 126,584 SO FT OR 2.906 AC+/- P.O.B. PROPOSED CONSERVATION EASEMENT THROUGH TRACT S89•56'38•W 292.63' NO110'36'W 80.02' 80' DRAINAGE EASEMENT P.O.C. S.E. COR S89•56'13'W 292.32' TRACT 'S' DAVIS BOULEVARD (S.R.-84) CURVE DATA SCI 1 408!00' 06'09'50' I I CHORD N40'08'12'E PROPOSED FINAL EASEMENT CONFIGURATION LEGAL DESCRIPTION: SEE LEGAL DESCRIPTION ON SHEET 1 OF 2 GLEN EAGLE McANLY ENGINEERING . CONSERVATION EASEMENT AND DESIGN INC. THROUGH TRACT'8' eAx11lEEawc NLANI*C.LANG StAMTM1O 2023 AC WU%EVARO-SUITE 3 Ilk 1 TRACT 8,EMBASSY WOODS GOLF AND NAOUS.r10130A 34103 COUNTRY CUD AT BRETOM PARK (233)393-3233 rAx(233)313-2255 1 11111L N0. 3E179016 D111 DATE SCALE:1'.100(0111.1 RN. ICNK.:wIDATE:5/20/2012 CDrYNDNT,2012 DT MAT./LT ENT:MI IC AND DOM.31C ALL 11511311 EM; p5O(Cb 5170315 I 9EET: 2 Or 2 I 9A , . 0 z 0 QV U mw WQ Q Qp c0 a a, I- Q Q I— r vi Z IL -L__J w a /� N w w J W D W d. 0 O 3 Q m rn < m Z\ �c� 6- U < o :g Q 0 N a \2 v. F- O a. M r 5 p U i.0 w • c c 5 o 0 O �i i a° z . � °„' .0 p • o m d c Q TWOS Ol 10N 4.-1„�O a C �O T NC 'V 3fiH N n. h ' 3)IVl 1Y9Y4 H_rd r a a o teood . 0.1r gh U i/g -8 F 3 g-4Uv �ono C =kl.a y'GZ Z A rn ' z NOLLV1NVld ��0 r — aUwwc� 1 d II x.- I o vo -/ ._t ” >-w' ei 1 flu > I o g N i d n Br` �I, ill OlGINOLLIIir a OVO Nava uNnoo z o LL W hi ga R h sum aoarv3to3 1 O 0 m ED r r a $ —� w J X615 2 a CC it ii J 0 n ) 12 - I - n N 1 1 ct V C l° O1 C ' C l°C x 9A THIS INSTRUMENT PREPARED BY&RETURN TO: ROBERT E.MURRELL, ESQ. SAMOUCE, MURRELL& GAL, P.A. 5405 PARK CENTRAL COURT NAPLES, FL 34109 239-596-9522 ROBERTMURRELL@SMGLAWFIRM.COM INSTR 4831337 OR 4913 PG 2894 PARCEL I.D. RECORDED 4/29/2013 12:54 PM PAGES 8 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC @.70$0.70 REC$69.50 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT 2 rd THIS CONSERVATION EASEMENT given this dv day of April , 2013, by Glen Eagle Golf & Country Club, Inc., a Florida non-profit corporation (hereinafter "Glen Eagle" or "Grantor"), as Grantor, whose address is 1403 Glen Eagle Boulevard, Naples, FL 34104 to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, Glen Eagle is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" attached hereto (hereinafter referred to as the "property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind Glen Eagle and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit"B" (the Easement Property). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Glen Eagle hereby grants a non-exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. 1 9 A 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 excavations 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. 3. Glen Eagle, its 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 by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right of access to 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. Grantor 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. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. 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 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. 2 9A 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 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 Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances are 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. 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. 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. IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and --livered in the presence of: WITNESS . 0" �t Glen Eagle Golf and Country Club, Inc. 31(lar, a Florida non-profit corporation Printed ame: -, • -!..lo — By: Printed Name: /°��' �.�+ ��frp 3 9A STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was subscribed, sworn and acknowledged before me this g#14 day of January, 2013, by Mark Yegge, President of Glen Eagle Golf and Country Club, Inc., a Florida non-profit corporation, and who is NI personally known to me or [ ] who produced as identification. NOTARY PUBLIC Printed Name: t/1c a S 6a-Yi,7 afft- Notary Public State of Florida Earle 0 Sanborn a.7a,�p� My Commission EE 206409 F,1 op Expires 08/17/2016 Acceptance by Grantee: ATTEST. App" BOARD OF COUNTY COMMISSIONERS DVIFIG T-E.'BR C'K,CLERK COLLIER COUNTY, FLORIDA • vDt�( lerk GEORGIA A. HILLER Chairwoman Attest as to Chairman's signature only., Approved as to form and Legal sufficiency: Co-1 y ° • pep l Assistant County Attorney 4 McANLY ENEE AND DESIGN GIN INCRING. 1. 9 A Es, CIVIL ENGINEERING STRUCTURAL ENGINEERING LAND SURVEYING EXHIBIT "A" LEGAL DESCRIPTION TRACT S EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK COLLIER COUNTY,FLORIDA DECEMBER 27,2012 COMMENCE AT THE SOUTHWEST CORNER OF SECTION 5, TOWNSHIP 50S, RANGE 26E, COLLIER COUNTY FLORIDA AND RUN THENCE N00°40'53"W 75.00' THENCE N89°56'13"E 2657.31' TO THE SOUTHEAST CORNER OF TRACT 'S' AS SHOWN ON THE PLAT OF EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE ONE AS RECORDED IN PLAT BOOK 17 PAGES 47 THROUGH 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE POINT OF BEGINNING; RUN THENCE: S89°56'13"W 292.32'; THENCE N01°10'36"W 670.44; THENCE S89°02'50"W 77.24'; THENCE N52°19'O6"W 50.08.; THENCE BY A NON-TANGENT CURVE TO THE LEFT OF RADIUS 368.00' AN ARC DISTANCE OF 60.17' SAID ARC BEING SUBTENDED BY A CHORD BEARING N42°13'42"E 60.11'; THENCE N89°02'50"E 370.13'; THENCE S00°57'10"E 750.00' TO THE POINT OF BEGINNING. CONTAINING 126584 SQ. FT. OR 2.906 ACRES MORE OR LESS THIS r ESCRIP N f PREPARED BY ILLIAM C. McANLY P.S.M. 1543 2025 3& C BLVD SUITE 5 NAPLES,FL 34109 2025 J&C BOULEVARD-SUITE 5 NAPLES, FLORIDA 34109-6204 PHONE (239)593-3299 FAX(239)593-3298 EXHIBIT "A" 9 A . 1 SKETCH TO ACCOMPANY LEGAL DESCRIPTION TRACT 'S' BRITTANY PLACE PHASE 2 Co (PLAT BOOK 30, PAGE 29 THROUGH 31) Nr (O lr . 41 p• v 'R-9V N89•02'50"E 370.13' ESP `� L1 z TRACT 'S' o MAINTENANCE o SITE I Z cn '-v nm J °' TRACT 'B' x co COMMERCIAL / o A z o SITE / / /-----J -.z z ��J / / / EXISTING m o m xi 1 o < CONSERVATION r EASEMENT —' �x rn \-__---� .o o TRACT "S" CONTAINS 226,826 S.F. \ / oo, C (5.207 ACRES MORE OR LESS) o v N 0(J) —I A 0 Z CONSERVATION EASEMENT THROUGH z TRACT 'S' P1 126,584 SQ FT OR 2.906 AC+/- 80' DRAINAGE EASEMENT P.O.B. S.E. 589'56'13•W 292.32' TRACT T 'S' N89'56'13"E 2657.31' N00'40'53"W 75.00' DAVIS BOULEVARD (S.R.-84) COURSE DATA UNE BEARING LENGTH P.O.C. L1 S89•02'50"W 77.24' SOUTHWEST CORNER L2 N52'19'06"W 50.08' SECTION 5,T50S, R26E CURVE DATA CURVE RADIUS DELTA LENGTH I CHORD BEARING C1 368.00' 09 2'08" 60.1 ' .0.11' rit '13'4," TRACT 'S' LEGAL DESCRIPTION: / ilY SEE LEGAL DESCRIPTION ON SHEET 1 OF 2 GLEN EAGLE McANLY ENGINEERING �� TRACT'8' AND DESIGN INC. I1AAINTENANCE SITE ENGINEERING,PLANNING,LAND SURVEYING 2025 JA'C BOULEVARD—SUITE 5 Ilk TRACT S,EMBASSY WOODS GOLF AND NAPLES,FLORIDA 34109 _ COUNTRY CLUB AT BRETONNE PARK (239)593-3299 FAX(2 39)593-3298 NO, REVISIONS OM DATE SCALE:1•.10010WN.:R.H. ICHK.:M.K.RIDATE:9/20/2012 COPYRIGHT,2012 BY McANLY ENGINEERING AND DESIGN.INC.ALL RIGHTS RESERVED PROJECT: 5970315 1 SHEET: 2 OF x McANLY ENGINEERING 9_ AND DESIGN INC. MIL CIVIL ENGINEERING STRUCTURAL ENGINEERING LAND SURVEYING EXHIBIT "B" LEGAL DESCRIPTION CONSERVATION EASEMENT THROUGH TRACT S EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK COLLIER COUNTY,FLORIDA DECEMBER 27,2012 COMMENCE AT THE SOUTHEAST CORNER OF TRACT 'S' AS SHOWN ON THE PLAT OF EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE ONE AS RECORDED IN PLAT BOOK 17 PAGES 47 THROUGH 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND RUN THENCE: S89°56'13"W 292.32'; THENCE N01° 10'36"W 80.02' TO THE POINT OF BEGINNING; THENCE N01°10'36"W 590.43; THENCE N88°49'24"E 20.00'; THENCE S01°10'36"E 318.12; THENCE N88°49'24"E 5.00'; THENCE N67°04'08"E 246.55'; THENCE N00°57'10"W 245.78'; THENCE S89°02'50"W 325.31'; THENCE BY A CURVE TO THE LEFT OF RADIUS 408.00' AN ARC DISTANCE OF 43.89' SAID ARC BEING SUBTENDED BY A CHORD BEARING N40°06'12"E 43.87'; THENCE N00°57'10"W 11.98'; THENCE N89°02'50"E 336.52'; THENCE S00°57'10"E 660.10'; THENCE S89°56'38W 292.63' TO THE POINT OF BEGINNING. CONTAINING 126584 SQ. FT. OR 2.906 ACRES MORE OR LESS THIS DESCRI' +S N PREPARED BY ii.i'xik, , I ILLIAM C., IcANhx-P.S.M. 1543 2025 J&C BLVD SIJJ If,E;'5 NAPLES;`$;34109. 2025 J&C BOULEVARD-SUITE 5 NAPLES, FLORIDA 34109-6204 PHONE (239)593-3299 FAX(239)593-3298 EXHIBIT 1$ 9A IBIT "B" k ``, SKETCH TO ACCOMPANY LEGAL DESCRIPTION • BRITTANY PLACE PHASE 2 (PLAT 9OOK 30, PAGE 29 THROUGH 31) Z Q _.Z ,P iD0; O �O o Q? G° ,��/N89'02'50'E 336.52' p`�Sy /// S89'02'50"W 325.31' 20.00' N88'49'24"E o o Li 8 0 o TRACT 'S' f 0 ; LA MAINTENANCE K3,J z o SITE m -o- TRACT 'B' N 0' °m COMMERCIAL o /o A 5 ° can o- N88'49'24"E E 2� F`' ci_ 5.00'tj6�.0406 CONSERVATION o °m xi ORIGINAL CONSERVATION / / EASEMENT o it x AND UROS EASEMENTS P CONSERVATION CC N = 124,027 SQ FT w / f x CONSERVATION EASEMENT v� AFTER VACATION AND ADDITION OF EASEMENTS / z 126,584 SQ FT CONSERVATION NET GAIN OF 2,557 SQ FT EASEMENT THROUGH z TRACT 'S' m 126,584 SQ FT OR / 2.906 AC+/- P.O.B. PROPOSED CONSERVATION EASEMENT THROUGH TRACT'S' 589'56'38"W 292.63' N0110'36"W 80.02' 80' DRAINAGE EASEMENT P.O.C. S.E. COR 589'56'13"W 292.32' TRACT 'S' DAVIS BOULEVARD (S.R.-84) 1 CURVE DATA CURVE RADIUS DELTA LENGTH CHORD BEARING C1 408.00' 06'09'50" 43.89' 43.87' N40'O6'12"E PROPOSED FINAL EASEMENT CONFIGURATION LEGAL DESCRIPTION: SEE LEGAL DESCRIPTION ON SHEET 1 OF 2 9. GLEN EAGLE McANLY ENGINEERING . CONSERVATION EASEMENT AND DESIGN INC. THROUGH TRACT'8' ENGINEERING,PLANNING,LAND SURVEYING IIIN JA 2025 G BOULEVARD-SUITE 5 TRACT 8.EMBASSY WOODS GOLF AND NAPLES,FLORIDA 34109 COUNTRY CLUB AT BRETONNE PARK (239)593-3299 FAX(239)593-3298 N0. REVISIONS OWN DATE SCALE:1'1001 OWN.:R.H. ICHK.:M.K.RIDATE:B/20/2012 COPYRIGHT,2012 BY MCANLY ENGINEERING AND DESIGN,INC.ALL RIGHTS RESERVED PROJECT: 5970315 1 SHEET: 2 OF 12