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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" Page 1 of 1 z o f--! l- 0..- f--! cr-:: U (/) W H ~ <[ LJ W ~ (fl 1-"<( (flO <(W W(Il r.o(i NO W (/1 OW 70 4:>- 0::.-1 0:: :i"<( I.: .-I =>=> 0S2 (f)1- 0:: 1-0<( Z LO 0- LLl 2: 0_ W Lv -= 0:: (/)IO <r(fl:::2' lLl~O pOz lLl 1-- -. 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