Youth Haven
1685
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY 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 torwarded 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
exceDtion of the Chairman's signature, draw a line throulZh routing lines #1 throulZh #4, comDlete the checklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in routinll order)
1. Sue Filson, Executive Manager Board of County Commissioners
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 BCC approval. 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, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff Susan Mason
Contact
Agenda Date Item was 6/22/04
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Number of Original
Documents Attached
252-2987
16B5
Yes
(Initial)
X
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
si~ by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe 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.
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
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the fmal ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
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 ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCG's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on &, 21. '4 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
X
X
tf^
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
2.
3.
4.
5.
6.
OFFICE OF THE COllIER COUNTY
ENVIRONMENTAL SERVICES DEPARTMENT
1685 I
INTEROFFICE MEMORANDUM
TO:
Board of County Commissioners of Collier County
FROM:
Susan Mason, Environmental Services Dept.
DATE:
April 30, 2009
RE:
Acceptance of Conservation Easement
Attached is a Conservation Easement for Youth Haven, Inc. In accordance
with Resolution No. 2004-209, approved by the Board of County Commissioners
on June 22, 2004 under Agenda Item No. 16B5, I am requesting that if this
Conservation Easement is acceptable, please sign or stamp as to approval of this
Conservation Easement, and forward it, along with the attachments, to the Clerk
for attestation and recording.
Thank you for your consideration of this matter. If you have any questions,
feel free to contact me at (239) 252-2987.
Attachments
1685
OFFICE OF THE COllIER COUNTY
ENVIRONMENTAL SERVICES DEPARTMENT
INTEROFFICE MEMORANDUM
TO:
Clerk to the Board, Board Minutes and Records
FROM:
Susan Mason, Environmental Services Department
DATE:
April 30, 2009
RE:
Attestation and Recording of Conservation Easement
Attached is a Conservation Easement for Youth Haven, which has been
approved by the Board of County Commissioners. Please attest as usual, and
forward it with the attached check to the Recording Department.
Thank you for your assistance in this matter. Please send me a copy of the
receipt via interoffice mail. If you have any questions, feel free to contact me at
(239) "2 <'2 .- 2'1 f7.
Attachments
Routing Slip
Conservation Easement
Clerk of Circuit Court's Information Sheet
1685
De
DAVIDSON
ENGINEERING
TRANSMITTAL
Susan Mason
FROM:
Tocia Hamlin for Gavin Gillette
TO:
COMPANY:
Collier County Development
Services
DATE:
APRIL 30, 2009
ADDRESS:
2800 N. Horseshoe Drive
Naples, FL 34104
(Via Hand Delivery)
PHONE NUMBER:
239-252-2987
RE:
YOUR REFERENCE NUMBER:
Youth Haven
SDP-AR-13286
lID ATTACHED D FOR REVIEW D PLEASE COMMENT
D PLEASE REPLY D PLEASE RECYCLE
Susan:
Attached is the recording fee for the conservation easement. Let me know if you have any
questions or require additional information.
Thanks
Cc: Stephen Clapp, Youth Haven via reg. mail
3530 Kraft Road, Suite 301 . Naples, Florida 34105 . Phone: 239.434.6060' Fax: 239.434.6084
www.davidsonenaineerina.com
Davidson Engineering, Inc.
.
1685
De
DAVIDSON
ENGINEERING
TRANSMITT AL
Susan Mason
FROM:
Tocia Hamlin for Gavin Gillette
TO:
COMPANY:
Collier County Development
Services
DATE:
APRIL 30, 2009
ADDRESS:
2800 N. Horseshoe Drive
Naples, FL 34104
(Via Hand Delivery)
PHONE NUMBER:
239-252-2987
RE:
YOUR REFERENCE NUMBER:
Youth Haven
SDP-AR-13286
~ ATTACHED 0 FOR REVIEW 0 PLEASE COMMENT
o PLEASE REPLY
o PLEASE RECYCLE
Susan:
Attached is the original CE information sheet. Let me know if you have any questions or
require additional information.
Thanks
Cc: Stephen Clapp, Youth Haven via reg. mail
3530 Kraft Road, Suite 301 . Naples, Florida 34105 . Phone: 239.434.6060' Fax: 239.434.6084
www.davidsonenqineerinq.com
Davidson Engineering, Inc.
Dwight E. Brock
Clerk of Courts
1685
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Information Sheet for Deeds and other documents
transferring interest in Real Property.
From: Youth Haven, Inc.
(Grantor/Seller)
To: Collier County
(Grantee/Buyer)
Date of Sale/Transfer: 4/30/09
Consideration for this transfer was $
.10
Signature of Grantor. Grantee c(Ag~~ Gavin b. 0i~n9ineering. Inc.
(The following Recording information to be completed by Clerk of Circuit Court's Office)
OR Book:
Page #:
Date Recorded:
4290410 OR: 4449 PG: 0199
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
05/04/2009 at 09:14AK DWIGHT B. BROCK, CLBRK
RBC FBR 61.00
THIS INSTRUMENT PREPARED BY & RETURN TO:
NAME: DOUGLAS A. LEWIS, ESQ.
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
1685
ADDRESS: 850 PARK SHORE DRIVE
TRIANON CENTRE, THIRD FLOOR
NAPLES, FLORIDA 34103
'J
I
'J
PORTION OF PARCEL LD. # 00427160002
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this I g& day of December,
2008, by Youth Haven, Inc. a Florida non-profit corporation (hereinafter "Youth
Haven"), as Grantor, whose address is 5867 Whitaker Road, Naples, FL 34112, 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, Youth Haven 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 Youth Haven; 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. Youth Haven, 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 Easement Property.
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
Revised 10/14/05 1
OR: 4449 PG: 0200
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 16 8 5
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. Notwithstanding anything to the contrary as may be contained
herein, Youth Haven hereby reserves and shall have the right to use the
Easement property for surface water drainage outfall, attenuation, detention and
storage in accordance with approved Site Development Plan # 2007-13286, as
amended, and/or for other uses as may be permitted by any federal, state
and/or local governmental agencies.
3. Youth Haven, 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 or 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 Easement 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 Easement 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.
Revised 10/14/05
2
OR: 4449 PG: 0201
9. This Conservation Easement may be amended, altered, released or 16 B 5
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.
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:
Youth Haven, Inc.,
a Florida non-profit corporation
'y~~
Pri ted Name: DtI.... f L~-,',,)
By:
~~
Revised 10/14/05
3
OR: 4449 PG: 0202
COUNTY OF COLLIER
)
) ss:
)
16'S
STATE OF FLORIDA
The foregoing instrument was subscribed, sworn and acknowledged before
me this \ ~ "' ~ day of December, 2008, by Bradford K. Marshall, as
President of Youth Haven, Inc., a Florida non-profit corporation, and who is []
personally known to me or [ ] who produced ~'- :SXL"\\.l4.-i\., ~~ as
identifi~tOOPUBUc.sTATE 0
,....,'. F FLORIDA
i~W''f. Karen S. Nelson
t~ iCo~ission #DD818513
...."...',.. Exp11'eS: OCT. 17 2012
BONDED THRI1 ATI.ANTlc BONDING ~O..INC.
d-- ~{\v.-t~~
NOTARY PUBLIC Karen S. Ne'son
Printed Name:
My Commission Expires:
Revised 10/14/05
4
Acceptance by Grantee:
ATTEST:
DW~~..?~~OCK, Clerk
~'t,\...." if;,:,; ....,'.;'~,~'}
f1~ " , ~>:~ ":"
. .
. "' '.. ....J
",,~ '. / ..DeR~tyClerk
~ ,{,~,~~~,tt.) as te eht......... t
"iU(~.tur. Oft,.
Approved as to form and
legal sufficiency:
t County Attorney
c. W~\~ I1T
574243 v_OI \ 119665.0001
Revised 10/14/05
OR: 4449 PG: 0203
1685
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
t//~ d~
.. ......--.1.1""" -. .---........
Item # 1 (d3~
Agenda l {." ~
Date ~l
~
5
OR: 4449 PG: 0204
1685
The Property
The West 1/2 ofthe E 1/2 ofthe SW 1/4 of the NE 1/4 ofthe NE 1/4 of Section 17, Township 50
South, Range 26 East, Collier County, Florida; and
TOGETHER WITH:
The West 1/2 of the SW 1/4 of the NE 1/4 of the NE 1/4 of Section 17, Township 50 South,
Range 26 East, Collier County, Florida; and
TOGETHER WITH:
The SE 1/4 of the NW 1/4 of the NE 1/4 of Section 17, Township 50 South, Range 26 East,
Collier County, Florida.
EXHillIT "A"
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