Agenda 05/26/2009 Item #17D
Agenda Item ~'Jo. 170
May 26, 2009
Page 1 of 18
EXECUTIVE SUMMARY
Recommendation to approve Petition AVESMT-2006-AR-10989, 191 Bayfront Drive,
to disclaim, renounce and vacate the County's and the Public's interest in a certain
Conservation Easement, created by Collier County Resolution No. 90-416, and
recorded in the Public Records of Collier County at O.R. Book 1551, Pages 2211
through 2221, over a portion of Lot 31, Bayfront Gardens, a subdivision as
recorded in Plat Book 14, Pages 114 through 117, of the Public Records of Collier
County, Florida, situated in Section 6, Township 48 South, Range 25 East, Collier
County, Florida, and to accept a replacement Conservation Easement located on
the same parcel
OBJECTIVE:
To adopt a resolution vacating a certain Conservation Easement, created by Collier
County Resolution 90-416, and recorded in O.R. Book 1551, Pages 2211 through 2221,
over a portion of Lot 31, Bayfront Gardens, a subdivision as recorded in Plat Book 14,
Pages 114 through 117 of the Public Records of Collier County, Florida, situated in
Section 6, Township 48 South, Range 25 East, Collier County, Florida, and accepting a
replacement Conservation Easement located on the same parcel.
-,
CONSIDERATIONS:
Petition AVESMT-2006-AR-10989, 191 Bayfront Drive, has been received by the
Engineering and Environmental Services Department from Richard Yovanovich of
Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., as agent for applicant
property owners Peter and Helga Notel. Applicants are requesting the vacation and
relocation of a Conservation Easement to resolve certain permit issues. The relocation is
actually the third position of the Conservation Easement, the original area created by plat
and relocated to the second location by Collier County Resolution 90-416. All staff
concerns have been addressed, and staff recommends approval.
A letter of objection dated July 28, 2006, had been received from Mark J. Price, Esq., of
Roetzel & Andress, P.A., as counsel for Mary Ann Gibson, owner of property at 195
Bayfront Drive, however, a letter rescinding that letter signed by Mary Ann Gibson of 195
Bayfront Drive, dated April 8, 2009 indicates that, after additional review of the vacation
request, she now has no objection. All other letters of no objection have been received
from applicable divisions/entities.
FISCAL IMPACT:
Engineering and Environmental Services Department staff has collected a $1,000
"Petition to Vacate" fee from the applicants, 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.
Item No, 17D
rv1ay 26, 2009
Page 2 ,)( 18
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAL/ARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts.
lEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution and associated
legal documents. This item is quasi-judicial, requires a simple majority vote, and ex parte
disclosures are required. There are no outstanding legal considerations, and this item is
legally sufficient for Board action. -JW
RECOMMENDATIONS:
That the Board adopt a Resolution relating to Petition A VESMT -2006-AR~ 10989, vacating
the Conservation Easement created by Collier County Resolution 90-416, and filed in
OR. Book 1551, Pages 2211 through 2221, over a portion of Lot 31, Bayfront Gardens, a
subdivision as recorded in Plat Book 14, Pages 114 through 117 of the Public Records of
Collier County, Florida, situated in Section 6, Township 48 South, Range 25 East, Collier
County, Florida, and accepting a replacement Conservation Easement located on Lot 31.
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:
Stephen A. Higgins P.S.M., Land Surveyor
Engineering and Environmental Services Department
Item Number:
Item Summary:
Meeting Date:
Page] of2
Agenda Item No, 170
May 26, 2009
Page 3 of 18
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17D
This Item requires 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 Pelition AVESMT -2006-AR-1 0989, 191 Bayfront Drive, to disclaim, renounce and
vacate the Countys and the Publics interest in a certain Conservation Easement. created by
Collier County Resolution No. 90-416. and recorded in the Public Records of Collier County
at O.R. Book 1551. Pages 2211 through 2221, over a portion of Lot 31, Bayfront Gardens. a
subdivision as recorded in Piat Book 14, Pages 114 through 117, of the Public Records of
Collier County, Florida, situated in Section 6, Township 48 South, Range 25 East, Collier
County, Florida. and to accept a replacement Conservation Easement located on the same
parcel.
5/26/2009900.00 ArVl
Prepared By
Stephen Higgins
Community Development &
Environmental Services
Surveyor
Date
COES Engineering Services
5/1/20093:22:54 PM
Approved By
Nick Casalanguida
Transportation Services
MPO Director
Date
Transportation Planning
5/4/2009 B:15 AM
Approved By
Jeff Klatzkcw
County Attorney
County Attorney
Date
County Attorney Office
51412009 11: 56 AM
Approved By
Gera!d Kurtz
Transportation Services
Senior Engineer
Date
Stormwater Management
51111200911:52 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Anaiyst
Date
Community Development &
Environmental Services Admin,
5113/20099:34 AM
Approved By
William 0, Lorenz, Jr., P,E,
Community Development &
Environmental Services
Environmental Services Director
Date
Environmental Services
51-. 3/2009 12:03 PM
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
County Attorney Office
Date
5113/2009 1 :20 PM
Approved B}'
Joseph K. Schmitt
Community Development &
Environmenta! Services
Community Development &
Envlronmentai Services Adrninstrator
Date
Community Development &
Environmenta! Services Admin,
5/13/2009 4 :44 PM
file://C:\AQendaTest\Exnort\ 1 10-MayOIc,202h.%202009\ 17,%20S1 JMMA RY%20AGFNDA \" S/)0!7009
Page 2 of 2
i\genda Item ~~o, 170
fv1ay 26, 2009
Page 4 of 18
Appro\'ed By
OMB Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
5/15/2009 9:01 AM
Appro\'ed B~'
Mark Isackson
Budget Analyst
Office of Management & Budget
Date
County Manager's Office
5/15/20096:10 PM
Approved By
Leo E Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
5/16/200911:57 AM
file://C:\AgendaTest\F:xnort\ 1 :-J0-Mav%202o.%202009\ 17.~n20Sl JMMAR Y%20ACiF:NDA \... 5/20/2009
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L\')c'!d8 'fe.m 1\1 17D
May 26, 2009
Page 6 of 18
PROPERTY DESCRIPTION
THA T PART OF LOT 31, BA YFRONT GARDENS, A SUBDIVISION RECORDED IN PLA T BOOK 14
PAGES 114 THRU 117 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE
PAl? T1CULAl?L Y DESCl?/BED AS ,rOLLO~1'S:
COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 31, RUN NORTH 21"51'53" WEST. ALONG
THE EASTERL Y LINE OF SAID LOT 31. FOR A DISTANCE OF 15,00 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE NORTH 21'51'53" M'ST. APPROXIMA TEL Y 6,0 FEET TO THE MEAN
HIGH WA TER LINE OF LITTLE HICKORY BA Y AND A POINT HEREIN CALLED POINT "A ", THENCE
RETURN TO THE POINT OF BEGINNING AND RUN SOUTH 68'08'07" WEST 50. 44 FEET;
THENCE NORTH 56'40'40" M'ST 54.66 FEET.' THENCE NORTH 33'20'20" EAST APPROXIMA TEL Y
270 FEET TO THE MEAN HIGH WA TER LINE OF LITTLE HICKORY BA Y
THENCE SOUTHEASTERL Y ALONG THE MEAN HIGH WA TER LINE APPROXfMA TEL Y 86.5 FEET TO
SAID POINT "A ".
THE ABOVE DESCRIBES AN AREA OF APPROXIMA TEL Y 1789 SPUARE FEET OF 0.041 ACRES OF
LAND BASED ON THE LOCA TlON OF AN APPROXIMA TE MEAN HIGH WA TER LINE IN 1988.
NOTES:
1. BEARINGS SHOWN HEREON REFER TO THE SOUTHERLY LINE OF LOT 31, BA YFRONT
GARDENS, ,A.S RECORDED IN PLAT BOOK 14 PAGES 114-117 OF COLLIER COUNTY.
FLORIDA, AS BEING SSS"OS'o7"W.
2. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND JOR
RESTRICTiONS OF RECORD.
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3. DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF.
4. THIS lEGAL DESCRIPTION IS NOT COMPLETE UNLESS ACCOMPANIED BY SHEET 2
OF 2, DA TED NOVEMBER, 2006.
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O. GRADY MINOR AND ASSOC/A TES, PA.
SIGNED 11-17-06",
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/ 5 TEPHEN ,v. au.
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, P.S.M. #6408
STA T[ OF FLORIDA
JOB CODE' NeE
,. NOT A SURVEY ,.
DRA WN BY: RKP SHEET: 1 OF 2
L,.
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Q. GRAIJY MINOR AND ASSOCIATES, P.A I
CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS
3800 V7A DEL REY
BONITA SPRINGS, FLORIDA 34134
LEGAL DESCRIPTION
CONSERVATION E'ASEME'NT.. I
SEcrION 6. rOlfWSHIP -18 SOU7'H, RANCE 25 EASr
COUJER COUN7'Y; FLOR/'IJA
PHONE: (239) 947-1144 FAX: (239) 947-0375 DATE: NOVEMBER, 2006
CERTIFICATE OF AUTHORIZATION NUMBER LB 5151
DRAWING: B-3396-1
.. ...
Ac:enda Item No, 170
~~tJJ~ -:{:'
NOTES:
THIS SKETCH IS NOT COMPLETE UNLESS
ACCOMPANIED BY SHEETS 1 OF 2, DATED
NOVFMRFR ?OOli
UTTLE
HICKORY BA Y
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SCALE: 1 w = 20'
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POINT OF
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BAYFRONT GARDENS
(P.8. 14, PC. ,,:,. THRU 117)
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POINT OF
COj[J{ENCEMENT
SOUTHEAST CORNER
LOT 31
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* NOT A SURVEY *
Q. GBAlJY MINOR AND ASSOCIAT~ P.A.
CIVIL ENGINEERS. LAND SURVEYORS. PLANNERS
3800 VIA DEL REY
BONITA SPRINGS, FLORIDA 34134
JOB CODE: NCE
DRA Jf'N BY: RKP SHEET: 2 OF 2
SKETCH TO ACCOMPANY DESCRIPTION
CONSERVATION EASEMENT
SEC7'/ON G, 7'OIYNSH/P 48 SOl/7'H, RANCE 2S EAS7'
COLLJER COl/N7'y, E'LORI.DA
PHONE: (239) 947-1144 FAX: (239) 947-0375 DATE: NOVEMBER, 2006
CERTIFICATE OF AUTHORIZATION NUMBER IE 5151
DRAWING: B-3396-}
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I\gerlda Item ~~o. 170
fviay 26, 2009
Pape 8 of 18
THIS INSTRUMENT PREPARED BY & RETURN TO:
NAME:
RICHARD D. YOVANOViCH, ESQ.
ADDRESS: 4001 NORTH TAMiAMi TRAIL, #300
NAPLES, FLORiDA 34103
PARCEL ID, # 23095003109
SPACE ABOVE TinS LINE FOR I'ROCESSING DATA
SI'''(:[ ABOVE TillS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this Sit... day of
N\)~~ , 20~, by Peter and Helga Noetel hereinafter
"NOETEL", as Grantor, whose address is 26141 Summer Greens Drive, Bonita
Springs, Florida 34135, 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, NOETEL 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 reqUlnng that this Conservation Easement
("Easement") be entered into and recorded in the land records of Collier County
to bind NOETEL; 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. NOETEL, its successors, heirs, assigns and/or transferees, 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.
2. Other than a boardwalk or path serving a boat dock, 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 exoticjnuisance
Revised 10/14/05 1
,
Agenda Item t\Jo, 170
May 26,2009
Page 9 of 18
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.
3. NOETEL, its heirs, successors or assigns shall bear the responsibility for
maintaining the Easement Property, inciuding, 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 to access and use
of the Easement property for the purpose of making inspections; however,
Collier County shall have no obligation to maintain the Easement Property, nor
shall Collier County have the right to use the Easement Property for any purpose
inconsistent with the terms of this Conservation Easement.
5. 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. 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.
8. 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.
9. 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.
Revised 10/14/05
2
.t\genja Item No, 17D
f\1ay 26, 2009
PaJe 10 of ' 8
10. If any provIsions of the 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.
11. 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.
12. 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 applicabie 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 delivered in the presence of:
Revised 10/14/05
3
7"
Agenda Item No. 17D
May 26, 2009
Page 11 of 18
STATE OF FLORIDA )
COUNTY OF COLUER )
The fo~~g instrument was ~ and acknowledged before
me this K day of -N , 20 (); , by Peter
Noetel, as owner for tJ /4. and who is personally known to
me or [ ] who produced as . tio .
l~\f,~:~. CHERYL HIlLESHEIM
~~ "~'1:~ MY COMMISSION" DO 475sn
~~.t EXPIRES: Seotember?~ '009
".~f..f:'..., i3crlded Thru NolOI}' PUblic u;;;;,;,;;;j.1lII
/\,
My Commission Expires:
Sign, sealed and delivered in the presence of:
By:
Helga No tel
\
\,
STATE OF FLORIDA )
COUNTY OF COLUER )
The for~g instrument w s subscribed, sworn and acknowledged before
me this ;;3 day of , 20 1/1 ,by Helga
Noete as [title] owner for N and
who' p\ersonally known to me or [ ] who produced
s identific 'on.
CHERYL HIUESHEIM
~ MY COMMISSION # DD 475sn
EXPIRES: September 25,2009
llCndId Thru Notary P<bIIc UndelW!itell
My Commission Expires:
Revised 10/14/05
4
l\aenda Item ~Jo. 170
~ r\~ay 26, 2009
12 of 18
Acceptance by Grantee:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
DONNA FIALA, CHAIRMAN
Approved as to form and
Legal sufficiency:
\
Revised 05/13/09
5
D\lTA1NC
CONSUL TING
..L ......, '.L .a.
. PlmUling . Visualization
. Civil Engineering' Surveying & Mapping
Agenda Item t~o. 170
May 26, 2009
Page 13 of 18
LEGAL DESCRIPTION
CONSERVATION EASEMENT
A PARCEL OF LAND IN SECTION 6 TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH WEST CORNER OF LOT 31 BAYFRONT GARDENS AS DESCRIBED IN PLAT BOOK
14, PAGES 114 THROUGH 117, PUBLIC RECORDS, COLLIER COUNTY FLORiDA.
THENCE, N 180 04'05" W ALONG THE WEST LOT LINE OF SAID LOT 31 A DISTANCE OF 16.63 FEET TO A POINT ON
THE REVISED LOT LINE AS DESCRIBED IN OR BOOK 2433 PAGE 3264
THENCE, ALONG SAID REVISED LOT LINE N 00.41' 08" W A DISTANCE OF 79.25 FEET TO THE POINT OF
BEGINNING OF THE CONSERVATION EASEMENT HEREIN DESCRIBED;
FROM THE POINT OF BEGINNING; THENCE, ALONG SAID REVISED LOT LINE NOD. 41' 08" W FOR A DISTANCE OF
7.00 FEET, TO THE MEAN HIGH WATERLINE OF HICKORY BAY;
THENCE, RUN ALONG SAID MEAN HIGH WATERLINE, WITH AN ELEVATION OF 1.1 FEET, TO AN INTERSECTION
OF THE PROLONGATION OF THE EAST LOT LINE OF SAID LOT 31;
THENCE, S 21. 51' 53" E FOR A DISTANCE OF 6.01 FEET, TO A POINT ALONG THE EAST LOT LINE OF SAID LOT 31;
THENCE S 680 08' 07" W FOR A DISTANCE OF 4.35 FEET;
THENCE, S 840 38' 31" W FOR A DISTANCE OF 8.85 FEET;
THENCE, N 80. 33' 51" W FOR A DISTANCE OF 26.39 FEET;
THENCE, N 70. 22' 53" W FORA DISTANCE OF 28.68 FEET;
THENCE, N 600 57' 53" W FOR A DISTANCE OF 18.59 FEET;
THENCE, N 68. 25' 07" W FOR A DISTANCE OF 29,51 FEET;
THENCE, N 89. 36' 34" W FOR A DISTANCE OF 14.64 FEET; TO THE POINT OF BEGINNING OF THE
CONSERVATION EASEMENT DESCRIBED HEREIN.
CONTAINING 906 SQUARE FEET, MORE OR LESS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE WEST LOT LINE OF LOT 31 BAYFRONT GARDENS, AS RECORDED IN OR BOOK
2433, PAGE 3284, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.00.49'05"W.
PREPARED BY RWA INC.
FLORIDA CERTIFICATE OF AUTHORIZATION NO. LB 6952
RICHARD V. NESTLER, PROFESSIONAL LAND SURVEYOR LS# 4786
DATE: 1/2. 7/0 '1
.
NOT VALID WITHOUT THE SIGNATURE & ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND
MAPPER.
ReF: 020032,01.01., 0006
REVISED 01/27/09
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6610 Willow Park Drive, Suite 200, Naples FL 34109. (239) 597-0578, fax: (239) 597-0578
www.consult-rwa.com
LITTLE mCKORY BAY
Item ~'Jo. 170
IVlav Lb. LUG':?
:::>2ge 14 of 18
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SKETCH TO ACCOMPANY LEGAL DESCRIPTION
THiS IS NOT A SURVEY
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CONSERVA TION
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LINE (REF: O.R,
2433 PG, 3284)
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S'l'\lBOLS AND ,l,8BREVlA nONS:
P.O.C. - POINT OF COMMENCEMENT
SEC, = SECTION
TWP. = TO~SHIP
RGE, = RANGE
R.O.W. = RIGHT OF WAY
P.O.B. = POINT OF BEGINNING
M.H.W. = MEAN HIGH WATER
LINE TABLE
LINE BEARING LENGTH
L1 NOO'41'08"W 7.00'
L2 521 'S1'S3"E 6,01'
L3 S68'08'07"W 4,3S'
L4 S84'38'3'''W 8,85'
LS N80'33'S"W 26.39'
L6 N70'22'S3"W 28,68'
L7 N60'S7'S3"W 18.S9'
L8 N68'2S'07"W 29,S1'
L9 NS9'36'34"W 14.64'
,,/
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--
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Lt:,REVlSED PER BEARING CHANGE, , /27/09, R y,
1" - 20'
CLIENT: PETER AND HELGA NOTEL
BAYFRONT GARDENS LOT 31
TITLE: CONSERVATION EASEMENT
SKETCH TO ACCOMPANY LEGAL DESCRIPTIOI
0\1 T ^ INc't::ation
CONSULTING Civil~
..L '" , ..L JL, Surveying & Mappin~
DATE'
JULY, 2008
5CA..LE
DRAWN BY
M.S.J.
6610 Willow Park Drive, Suite 200
Naples, Florida 341 09
Phone: (239) 59H1575
Ff\t.: (239) 597-0578
CHECKED BY:
t,J,AW.
SEe "fWP: RGE:
6 4,SS 25E
PROJECT r\,.., ,.., '7 r\ r\. SHEET FILE 0
NUMBER ULOu.J2.u 1 .U II NUMBER: 2 OF 2 NUMBER' 006
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Agenda Item r\]o. 170
May 26, 2009
Page15of18
8S0 PI\.R.K SHORE DIUVE
TRIANON CEN11l.E - l'HIRD PLooIl
NAPLES, PL 34103
239.649.2710 DIRECT
239.649.6200 MAIN
239.261.3659 FAx
mprice@mIaw.anu
I~SYANDRESS II
A LEGAL PROFESSIONAL ASSOCIATION
July 28, 2006
VIA E-MAlL TO: rvovuumclttmecllaw.com
Mr. Richard D. Yovanovich
Goodlette Coleman &. Johnson, P.A.
4001 Tamiami Trail North
Naples, FL 34103
Re: Peter and Helga NoeteI - Request for Vacation of Conservation Easement
Dear Rich:
I~~ Mary Ann Gibson, owner of property at 195 Bayfront Drive, Bonita Springs: "Mj. ';"
client objects 1t) the proposed vacation of the conservation easement
SinoereJy,
MJP/ks
CC~ Ms. Mary Ann Gibson via. e-mail
S043SI v_OI \ 114761.0001
~ TOlEDO AKRoN COUlMilUS QNONNATI WASHINGTON, D.C. TAll.AHASSEE FoR.T MYERS riAPL.S
www.rlllllw.com
t\genda Item No. 170
May 26,2009
Page16of18
MARY ANN GIBSON
195 BAYFRONT DRIVE
BONITA SPRINGS, FL 34134-8548
April 8, 2009
Board of County Commissioners
Collier County
3301 East Tamami Trail
Naples, FL 34112
Re: Peter and Helga N{)tel Request for Vacation of Conservation Easement
195 Bayfront Dr., Bonita Springs, FL 34134-8548
Lot 30 and Part of Lot 31, Bayfront Gardens
Folio Number 23095003109
Dear Commissioners:
I am the owner of the property immediately adjacent to the Petitioner's property. I previously
sent in a letter objecting to the Petition. My representative has met with the Petitioner's agent and I have
reviewed the petition since the date of my original letter. I am rescinding my previous letter. I have no
objection to the relocation of the conservation easement contemplated in the referenced Pention and
encourage the County to approve the request.
Sincereiy,
M?!L~~ Lt~
Agenda Item No. 170
May 26, 2009
Page 17 of 18
RESOLUTION NO. 09-_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION
AVESMT-2006-AR-10989, DISCLAIMING, RENOUNCING AND
VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A
CERTAIN CONSERVATION EASEMENT, CREATED BY COLLIER
COUNTY RESOLUTION 90-416, AND FILED IN OFFICIAL
RECORDS BOOK 1551, PAGES 2211 THROUGH 2221, OVER
LOT 31, BAYFRONT GARDENS, A SUBDIVISION AS RECORDED
IN PLAT BOOK 14, PAGES 114 THROUGH 117 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN
SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY FLORIDA, AND TO ACCEPT A REPLACEMENT
CONSERVATION EASEMENT LOCATED ON THE SAME
PARCEL.
WHEREAS, pursuant to Section 125.01 and 125.37, Florida Statutes,
Petitioners, Peter and Helga Notel, have requested the vacation of the County's interest
in a certain Conservation Easement, created by Collier County Resolution 90-416 and
filed in Official Records Book 1551, Pages 2211 through 2221, over a portion of Lot 31,
Bayfront Gardens, a subdivision as recorded in Plat Book 14, Pages 114 through 117 of
the Public Records Collier County, Florida, situated in Section 6, Township 48 South,
Range 25 East, as depicted and described in Exhibit 'A'; and
WHEREAS, in conjunction with, and as part of the Petitioners' request,
Petitioners have offered for dedication the replacement Conservation Easement
attached hereto as Exhibit 'B'; and
WHEREAS, the Board has this day held a public hearing to consider Petitioners'
request, and notice of said public hearing was given as required by law; and
WHEREAS, the granting of Petitioners' request will not adversely affect the
ownership or right of convenient access of any property owner within Collier County; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in the
Conservation Easement as specifically depicted and described in Exhibit 'A' is hereby
vacated, extinguished, renounced and disclaimed, and this action is declared to be in
the Public's interest and for the Public's benefit.
BE IT FURTHER RESOLVED AND ORDERED that the County hereby accepts
the dedication of the replacement Conservation Easement attached hereto as Exhibit
'B',
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is
hereby directed to record a certified copy of this Resolution in the Official Records of
Collier County, Florida.
,A.genda 11em No. 170
May 26, 2009
Page 18 of 18
This Resolution adopted after motion, second and majority vote favoring same,
this day of , 2009.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRMAN
Approved as to form and legal
sufficienc :
By:
Jeff E.
Assista