Resolution 2009-135
RESOLUTION NO. 09- 1 35
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.
This Resolution adopted after motion, second and majority vote favoring same,
this dlci.+h day of May , 2009.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: qJ~ ~~
DONNA FIALA, CHAIRMAN
, ('~t.s.t".il"~c At trIIM .
U~'" OI..
~! ,
Approved as to form and legal
sufficienc :
By:
Jeff E. ri ht
Assista oilier County Attorney
-. A 14
EXH/B/ T 11
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
PARTlCULARL Y DESCRIBED AS FOLLOWS:
COMMENCE A T 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 CON TlNUE NOR TH 21"51 '53" WEST, APPROXIMA TEL Y 6.0 FEET TO THE MEAN
HIGH WA TER LINE OF LI TTLE HICKOR Y BA Y AND A POIN T HEREIN CALLED POIN T "A': THENCE
RETURN TO THE POINT OF BEGINNING AND RUN SOUTH 68 "08 'or WEST 50.44 FEET,'
THENCE NORTH 56"40'40" WEST 54.66 FEET; THENCE NORTH 33"20'20" EAST APPROXIMA TEL Y
27.0 FEET TO THE MEAN HIGH WA TER LINE OF LITTLE HICKORY BA Y
THENCE SOUTHEASTERL Y ALONG THE MEAN HIGH WA TER LINE APPROXIMA TEL Y 86.5 FEET TO
SAID POIN T "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.
Q.
NOTES:
1. BEARINGS SHOWN HEREON REFER TO THE SOUTHERLY LINE OF lOT 31, BA YFRONT
GARDENS, AS RECORDED IN PLAT BOOK 14 PAGES 114-117 OF COLLIER COUNTY,
FLORIDA, AS BEING S88"08'07"W.
2. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND/OR
RESTRICTIONS OF RECORD.
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.
'c
f
?-"
~
u::
.:::
Q. GRADY M,'NOr? AND ASSOCIA rEs, P.A.
SIGNED J1-IJ-06
<i
. P.5.M. #6408
STA TE OF FLORIDA
JOB CODE: NeE
· NOT A SURVEY ·
:::
DBA JYN BY' RKP SHEET: 1 OF 2
Q" GRAlJY NINOR AND ASSOCIATES, P.A.
CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS
3800 WA DEL REY
BONITA SPRINGS, FLORIDA 34134
PHONE: (239) 947-1144 FAX: (239) 947-0375
CERTIFICATE OF AUTHORIZATION NUMBER LB 5151
LEGAL DESCRIPTION
CONSERVATION EASEMENT.
SEC7'/ON 8. 7'OIYNSH/P 48 SOl/7'H, RANCE 25 EAS7' .
COLL/ER COl/N7'Y, FLOR/LJA
DATE- NOVEMBER, 2006
DRA WING: B-3396-1
^' ""-~_~""" ''I',' _~~
UTTLE
HICKORY BA Y
EXHIBIT .~'
-L--
I
NOTE~:
THIS SKETCH IS NuT COMPLETE UNLESS
ACCOMPANIED BY SHEETS 1 OF 2, DATED
I I
o TO' 20'
SCALE: 1" = 20'
~~
'4-
~Q
:?>..
"9'~
;;P.y...v~
POINT OF
BEGINNING
30
~
BA YFRONT GARDENS
(P.8. 14, PC. 114 THRU 117)
0:
POINT OF
COMJIENCEJ/ENT
SOUTHEAST CORNER
LOT 31
~
S
1.'-
"-
L
<1.
Q..
L
,,-
,-;
· NOT A SURVEY ·
Q. GRAlJY NINOR AND ASSOCIATES, P.A.
eIVIL ENGINEERS-LAND SURVEYORS-PLANNERS
3800 ~A DEL REY
BONITA SPRINGS, FLORIDA 34134
PHONE: (239) 947-1144 FAX: (239) 947-0375
CERTIFICATE OF AUTHORIZATION NUMBER LB 5151
JOB CODE: NeE
DRAWN BY: RKP SHEET: 2 OF 2
L
,':
SKETCH TO ACCOMPANY DESCRIPTION
CONSERVATION EASEMENT
SEC7'/ON IJ, 7'OIYNSH/P -18 SOl/7'H, RANCE 25 EAS7'
COLJJER COl/N7'Y, FLOR/LJA
DATE: NO VEMBER, 2006
DRA WING: B-3396-1
THIS INSTRUMENT PREPARED BY & RETURN TO:
NAME:
RICHARD D. YOVANOV/CH. ESQ.
ADDRESS: 400/ NORTH TAM/AMI TRA/L. #300
NAPLES. FLORIDA 34103
PARCEL J.D. # 23095003/09
SPACE ABOVE TillS LINE FOR I'RO(,ESSING IlATA
SI'A(,E A80n: TillS LINE FOR RE('ORI)JN(; DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this 5./1-. day of
),h)~~/. , 20 Ul , 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 requIring 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 exotic/nuisance
Revised 10/14/05 1
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, 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 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
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 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 delivered in the presence of:
~:. .
printe~~am~:~L~'1'"""rVJl.f' (m.//Ij ~
11 r;t ~f. '-... fll'IA By: ~
Printed Name: (I Y1 (a <-. BYl{nd Peter Noetel /
/
I
Revised 10/14/05
3
STATE OF FLORIDA )
COUNTY OF COLLIER )
The fo~~~ instrument was subscribed" sworn and acknowledged before
me this ~ day of }J ~ , 20 tJ7 , by peter
Noetel, as owner for tJ !--A. and who is personally known to
me or [ ] who produced as . . tio.
-\.
.,'<!i,\f,~:'\'< CHERYL HILLESHEIM
~..( ,6-~~ MY COMMISSION # DD 475577
~:r.~" EXPIRES: September 25,2009
"lr.t~" Bonded Thru Notary Pubfic Underwriters
/'
My Commission Expires:
Sign, sealed and delivered in the presence of:
WITNESSES:
~G~'l Q.
Printe;t Name: }(,. ,e..rc):D_,",U"" ,'./'""J cL
./ - (; t'J /!5; cf-
,'-- ,-.
/ .' f. 1[41 .. By:
Printed Name: L,nda }-C{f1d Helga No tel
(
~, .
\\ \../
\\JGr
,
STATE OF FLORIDA )
COUNTY OF COLLIER )
The for~g instrument w s subscribed, sworn and acknowledged before
me this 6 day of , 20 Of ,by Helga
Noete as [title] owner for and
who . personally known to me or [ ] who produced
s identific 'on.
CHERYL HILLESHEIM
MY COMMISSION # DD 475577
EXPIRES: September 25, 2009
ilQndId Thru Notary Public UndefWriters
Print
-----------~
My Commission Expires:
Revised 10/14/05
4
Acceptance by Grantee:
ATTEST:
DWIOJ;;lX,E. BROCK, Clerk
.~Pda~~
-:;" . . . , Thib~ Clerk
-:;. Att...~~,rlcl' to cn...,...,. ,
"'~,/,> s .~.tliW" Of'1.
'; .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
;g7::;;AL~~AN
Approved as to form and
Legal sufficiency:
~
ff . Wright
A stant County Attorney
Revised 05/13/09
5
D\lTA1NC.
CONSULTING
..&.. "" , ...L .....
. Planning . Visualization
. Civil Engineering. Surveying & Mapping
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 1So 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 3284
THENCE, ALONG SAID REVISED LOT LINE N 000 41' OS" 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 N 00. 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 21051' 53" E FOR A DISTANCE OF 6.01 FEET, TO A POINT ALONG THE EAST LOT LINE OF SAID LOT 31;
THENCE S 68. OS' 07" W FOR A DISTANCE OF 4.35 FEET;
THENCE. S 84038' 31" W FORA DISTANCE OF 8.85 FEET;
THENCE. N 800 33' 51" W FOR A DISTANCE OF 26.39 FEET;
THENCE, N 70. 22' 53" W FOR A DISTANCE OF 28.68 FEET;
THENCE, N 600 57' 53" W FOR A DISTANCE OF 18.59 FEET;
THENCE, N 680 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.00049'05"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
:C:~H l e> IT
1 ~ Z.
I( '1
e>
6610 Willow Park Drive, Suite 200, Naples FL 34109 · (239) 597-0578, fax: (239) 597-0578
www.consult-rwa.com
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
THIS IS NOT A SURVEY
UTTLE HICKORY BAY
N
W+E
'-=
S
c:
L9
o 10 20
I I
GRAPHIC SCALE
1"= 20'
\
P.O.B.
CONSERVA TION
EASEMENT
r-
....
....
I
..;0
~....::
o C') CD
en ~
~Eo<le ~
ll.S~ ~
l>
cci ~
~
~
~
~
~
~
~
~
~
~
~
~
~ ~
<"'!:,\ --
,-0' ~~
,-\'tI."-. ~ ~ ,/"
"-,,,-'< ~ ~
:0~ 'll't-S' SO\j'y:. ~~~~~~~~~ ~ ~~~~~~~~
C SO:,, \,11
Q. ' ,-0\ ,,1.- _ ~~~~ ~\' Ie ~ _ _ _~~~~~~
? ,,'tI."-" ?GS' _ 'lY _ _ _
~~.'O. ,I.. _ _ _ _~~--~ ....\'"\" \),/" csi ~~
,< _ _ - - ~O~ '-Jr>-~\t:- ~~~~~
--~~~~~~~/-/ - --_/~,~:~::~////
-- -- ~~\ - -- --
<" ~
~ ----
- ~--------------
z
o
q ...,
....<D
-- tv
~U1
~
LOT 31
P.B. 14, PGS, 114-117
L4
REVISED WEST LOT
LINE (REF: O.R.
2433 PG. 3284)
~
~
~
~
~
~
~
~
~
~
~
o
C')
Eo<
9
~
,/"
,/"
,/"
SYMBOLS AND ABBREVlA nONS:
P,O.C, = POINT OF COMMENCEMENT
SEC. = SECTION
TWP. = TOWNSHIP
RGE. = RANGE
R.O.W. = RIGHT OF WAY
P.O.B, = POINT OF BEGINNING
M.H.W. = MEAN HIGH WATER
LINE
Ll
L2
L3
L4
L5
L6
L7
L8
L9
LINE TABLE
BEARING
NOO'41'08"W
521'51'53"E
568'08'07"W
584'38'31"W
N80'33'51"W
N70'22'53"W
N60'57'53"W
N68'25'07"W
N89'36'34"W
LENGTH
7,00'
6.01'
4.35'
8.85'
26.39'
28.68'
1859'
2951'
14.64'
&REVISED PER BEARING CHANGE, 1/27/09, R. Y.
D\lT A INC.~~ation
CONSUL TING Civil Engineerlni
..... "" , ..... ..... SlllVeying & Maw.in&
DATE'
JULY, 2008
SCALE,
I" = 20'
CLIENT:
DRAWN By
PETER AND HELGA NOTEL
BAYFRONT GARDENS LOT 31
CONSERVATION EASEMENT
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
TITLE:
M.S.J.
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575
FAX: (239) 597-0578
CHECKED BY
MAW.
SEe, TWP, RGE, PROJECT SHEET
6 48S 25E NUMBER 020032.01,01 NUMBER 2 OF 2
FILE
NUMBER:
0006
C(" tBlT "E:>I,
'2. DF 2.