Yahl Mulching
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 B 5
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COL"NTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's si ature, draw a line throu routin lines #1 throu #4, co lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
1. .sHe' f'iboo., Executive Manager Board of County Commissioners
, fl,.J (\.1I,c.He<-L
2. Minutes and Records Clerk of Court's Office
3.
4.
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executivo
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was 6/22/04
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
~\)l~
Number of Original
ocuments Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
1. 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
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are r uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on (enter date) and aU changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne's Office has reviewed the chan es, if a Iicable.
**Please file in BMR Real Property**
16B5
1
Yes
(Initial) ;
X
<ID
~.
'N/ A (Not
A licable)
%
XC(b
X
X
I: Forms! County Formsl Bee FoQDSI Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
.f.
STATE OF FLORIDA
COUNTY OF COLLIER
This Instrument Prepared By:
Benjamin T. Jepson
Attorney at Law
900 Sixth Avenue, South, Suite 203
Naples, FL 34102
INSTR 4324220 OR 4476 PG 1448
RECORDED 7/28/2009 10:25 AM PAGES 10
DWIGHT E. BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
DOC@.70 $0.70 REC $86.50
CONS $0.00
PARCEL I.D. # co3tl[t ~ottt~
..
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this 2.5 day of January, 2008,
by FILLMORE, L.L.c., a Florida Limited Liability Company, as Grantor, whose
address is 2250 Washburn Avenue, Naples, Florida 34117, 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, FILLMORE, 1.L.c., a Florida Limited Liability Company 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 FILLMORE, L.L.c., a Florida Limited Liability Company; 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 "8" (the Easement Property).
NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to
Collier County as follows:
1. FILLMORE, L.l.c., a Florida Limited Liability Company, its successors,
heirs, assigns and/or transferees, hereby grants a non-exclusive easement to
Collier County over and across the property described as Exhibit "8" for the
purpose of conservation. Collier County shall have no responsibility for
maintenance of the conservation easement.
2. No buildings, structures or impediments of any nature may be
constructed, placed or permitted on, over or across the Easement Property. No
dumping or placing of soil or other substances such as trash or unsightly or
offensive materials shall be permitted on the Easement Property. There shall be
no removal or destruction of trees, shrubs or other vegetation with the exception
of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil
material, peat, rock or other material substance in such a manner as to affect
the surface shall be prohibited on the Easement Property. No dikes or fencing
shall be permitted on the Easement Property. There shall be no other activities
detrimental to drainage, flood control, water conservation, erosion control or fish
and wildlife habitat conservation or preservation permitted on the Easement
Property. The Easement Property shall be in no way altered from its natural or
permitted state.
3. FILLMORE, L.L.c., a Florida Limited Liability Company, 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. 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.
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 is found to be invalid, the remainder of
the provisions of this Conservation Easement shall not be affected thereby, as
long as the purpose of the Conservation Easement is preserved.
12. 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.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to form and legal
sufficiency:
~ 7.W%~
Steven T. Williams
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: tf~ d~
DONNA FIALA, Chairman
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:
WITNESSES:
FILLMORE, 1.L.c., a Florida Limited
Liability Company
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PrinteCl Name: :.::::>-\-e p\---.CA.:A\'€. . v\ S.
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Printed Name: ~b ~rurY\ Pri d Name~l\-~ ~LL~
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing instrument was subscribed, sworn and aC~~ledged before
me this 2- day of January, 2008, by SOt-R N ~ u... f\AO - ,
as~ A1S- ' for FILLMORE, L.L.c., a Florida Limited Liability Company, and
who is vr personally known to me or [ ] who produced
as identification.
~~~~rl2
NOTARY PUBLIC
Printed Name: Tec:nttt FI'eld~
My Commission Expires:
...,~"';..~,_ i~ON'r:\\ --lIllL.D8 .
{~""r,~ ;*j MY COMMISSION II 00695816
~t EXPIRES Jull' '17. 2011
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LEGAL DESCRIPTION
FOR Y AHL MULCHING
SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST
COLLIER COUNTY, FLORIDA
A parcel of land lying in Section 31, Township 49 South, Range 27 East, Collier County, Florida, being
more particularly described as follows:
Commencing at the Northwest Comer of the Southwest Quarter of the Southwest Quarter of Section 31,
Township 49 South, Range 27 East; thence, along the North Line of the Southwest Quarter of the
Southwest Quarter of said Section 31, S89059'49"E, a distance of 343.00 Feet to the point beginning of
the parcel of land herein described; thence, continuing along the North line of the Southwest Quarter of
the Southwest Quarter of said Section 31, South 89059'49"E, a distance of 1029.30 feet; thence South
02004'30"E, a distance of 658.93 feet; thence North 89058'14'W, a distance of 342.85 feet; thence South
02005'32"E, a distance of 558.99 feet; thence North 890.5T41''W, a distance of 1029.48 feet; thence
North 02007'49"W, a distance of 558.60 feet; thence South 89058'27"E, a distance of343.20 feet; thence
North 02003 '36'W, a distance of 658.67 feet to the point of beginning.
Containing 1,252,915 square feet or 28.763 acres, more or less.
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Date: ... I ,Z3 t!;?
3.3Q Wi1sot'fBoule~ard South
Naples, FL 34117
23.9-304-0055
239-304-0047-FAX
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NORTHWEST CORNER OF THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 31,
TOWNSHIP 49 SOUTH, RANGE 27 EAST
s 89059'49" E 343.00' T I
SKETCH ONLY
THIS IS NOT A SURVEY
S 89059'49" E
POINT OF BEGINNING
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1,252.915 SQUARE FEET
28.763 ACRES
N 89058'14" W 342.85'
S 89058'27" E 343.20'
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N 89057'41" W
1029.48'
CAROL E. NEIBON, P.A. Y AHL MULCHING
CAROL E. NELSON. P.L.S.
~~O ~~~so~0808~J~ARD s. SKETCH OF LEGAL DESCRIPTION FOR YAHL MULCHING PROJECT
NAPLES, FL 34117
239-.304-0055
2.39-304-0047
DWG SDP5-03-REV2jSKETCH
SCALE: '''=200'
DA TE: 1/14/08
SHEET OF 1
..
LEGAL DESCRIPTION
CONSERVATION EASEMENT
FOR Y AHL MULCHING
SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST
COLLIER COUNTY, FLORIDA
A parcel of land lying in Section 31, Township 49 South, Range 27 East, Collier County, Florida, being
more particularly described as follows:
Commencing at the Southwest Comer of Section 31, Township 49 South, Range 27 East; thence run
along the west line of said Section 31, N02007'49'W for 100.07 feet to the POINT OF BEGINNING;
thence continue along said West line of Section 31, N02007'49'W for 75.87 feet; thence run
N05002'OI"E for 9.73 feet; thence run N08030'10"E for 47.09 feet; thence run N05053'10'W for 30.85
feet; thence run N02004'55"E for 62.60 feet; thence run NI003T03''E for 72.47 feet; thence run
NI8013'18"E for 62.49 feet; thence run N25040'33"E for 70.90 feet; thence run N29022'01"E for 25,36
feet; thence run N34038'22"E for 34.72 feet; thence run N39057'22"E for 16.87 feet; thence run
N4Io57'08"E for 20.40 feet; thence run N48038'06"E for 16.71 feet; thence run N61003'52"E for 20.10
feet; thence run N73022'32"E for 16.36 feet; thence run N83022'17"E for 16.51 feet; thence run
S89058'53"E for 63.80 feet; thence run SOOO49'28'W for 46.89 feet; thence run S74051 '26''W for 9.97
feet; thence run S45051'17'W for 27.49 feet; thence run S36000'56'W for 28.32 feet; thence run
SI8000'14"E for 43.32 feet; thence run S47"04'10"E for 60.48 feet; thence run S53007'47"E for 41.19
feet; thence run S57043'17"E for 68.53 feet; thence run S74041'15"E for 38.92 feet; thence run
S64055'11"E for 32.53 feet; thence run S70036'21''E for 29.54 feet; thence run S59003'38"E for 28.47
feet; thence run S59040'51"E for 47.59 feet; thence run S80050'OT'E for 54.47 feet; thence run
S78053'37"E for 83.89 feet; thence run N82036'4T'E for 38.93 feet; thence run S86008'13''E for 59.65
feet; thence run N88052'20"E for 35.54 feet; thence run N45042'25''E for 44.23 feet; thence run
NI8008'41"E for 39.98 feet; thence run N21006'18"E for 28.82 feet; thence run N26048'20"E for 16.71
feet; thence run N25014'50"E for 67.45 feet; thence run N42029'18"E for 29.78 feet; thence run
N35"35'39"E for 20.18 feet; thence run N16051 '34"E for 30.27 feet; thence run N08"21 '21'W for 45.34
feet; thence run N02023'02'W for 45.98 feet; thence run N49013'26'W for 87.62 feet; thence run
N82017'27'W for 40.19 feet; thence run N88007'12'W for 25.91 feet; thence run S81009'02'W for 54.73
feet; thence run S77011'18'W for 40.79 feet; thence run S86045'46''E for 38.49 feet; thence run
S87033'12"E for 48.38 feet; thence run S85003'42''E for 83.39 feet; thence run S68"31 '12"E for 37.36
feet; thence run N20012'45''E for 47.74 feet; thence run NI8025'20''E for 55.47 feet; thence run
NOI002'26"E for 40.29 feet to the Point of Beginning, containing 11.73 acres, more or less.
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330 Wi". ltVard South
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239-304~005"
239-304;OO47-F~
SDPA-2005-AR_7633
YAHL MULCHING
PrOject: 2005050020
Date: 8/26/08
REV: 5
DUE: 9/24/08
SKETCH ONLY
THIS IS NOT A SURVEY
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CONSERVA~ON EASEMENT
11.73 ACRES
POINT OF BEGINNING
N 89057'41"W
1029.48'
S 88059'28" E 386.64'
N 89"58'14" W 342.85'
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~ POINT OF COMMENCEMENT
SOUTHWEST CORNER OF SECTION 31, TOWNSHIP 49 SOUTH,
RANGE 27 EAST
CAROL E. NElBON, P,A. Y AHL MULCHING
CAROL E. NELSON, P.L.S.
jSo ~~so~OBo~E~JARD s. SKETCH OF LEGAL DESCRIPTION FOR CONSERVATION EASEMENT
NAPLES, FL .34117
2.39-304-0055
239-304-0047
owe SOP5-03-REV2/SKETCH
SCALE: ," =200'
DATE:
8/29/06
SHEET 1 OF 2
LINE TABLE
LINE LENGTH BEARING
L1 75.87 N02007'49'W
L2 9.73 NOS002'01"e
L3 47.09 NOSo30'10"e
L4 30.85 N05053'10'W
L5 62.60 N02004'SS"e
L6 72.47 N10037'03''e
L7 62.49 N1So13'18"e
L8 70.90 N25040'33"e
L9 25.36 N29022'01"e
L10 34.72 N34 o38'22"E
L11 16.87 N39057'22"E
L12 20.40 N41057'06"e
L13 16.71 N48038'06"E
L14 20.10 N61003'52"e
L15 16.36 N73'22'32"E
L16 16.51 N83022'17"E
L17 63.80 S89058'53"E
L18 46.89 Sooo49'28'W
L19 9.97 S74051'26'W
L20 27.49 S45051'17'W
L21 28.32 S36000'56W
L22 43.32 S18000'14"e
L23 60.48 S47"04'10"E
L24 41.19 S53007'47"E
L25 68.53 S57043'17"E
L26 38.92 S74041'15"e
L27 32.53 S64OSS'11"E
L28 29.54 S 7003621''E
L29 27.85 S59OQ3'38"E
L30 28.47 S51017'54"E
L31 47.59 S5904a51"E
L32 54.47 S80oSO'07"E
L33 83.89 S78053'37"E
L34 38.93 N8203S'47"E
L35 59.65 S86OO8'13"E
L36 35.54 NSS oSZ20"E
L37 44.23 N45042'25"E
L38 39.98 N18008'41"E
L39 28.82 N2100S'18"e
L40 16.71 N26048'20"E
LINE TABLE
LINE LENGTH
L41 67.45
L42 29.78
L43 20.18
L44 30.27
L45 45.34
L46 45.98
L47 87.62
L48 40.19
L49 25.91
LSO 54.73
L51 40.79
L52 38.49
L53 48.38
L54 83.39
LSS 37.36
L56 47.74
L57 55.47
L58 40.29
CAROL E. NElSON, P.!
BEAR ING
N25014'so"e
N42"29'18"E
N35035'39"E
N16051'34"E
N08021'21'W
N02023'02'W
N49013'2S'W
N82017'27'W
NSSOO7'12'W
S810(Jf10ZW
sn011'18'W
S86045'4S"E
S87033'12"E
S85003'42"E
S68031'12"e
N20012'45"e
N 18"25'20"E
N01002'2S"E
. ,
FL. REG. NO. 5013
330 WILSON BOULEVARD S.
NAPLES, FL .3411 7
239-304-0055
239-304-0047
Y AHL MULCHING
SKETCH OF LEGAL DESCRIPTION FOR CONSERVATION EASEMENT
DWG
SDP5-0.3-REV2/UNE TABLE
DATE:
SHEET 2 OF 2
8/29/06
SCALE: NO SCALE