Living Word Family Church
---
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO B' 5
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 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
exceotion of the Chairman's signature, draw a line througiJ routing lines #1 through #4, comolete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. Sue Filson, Executive Manager Board of County Commissioners
2. Minutes and Records Clerk of Court's Office
3.
4.
(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 Chris D'Arco
Contact
Agenda Date Item was 6/22/04
A roved b the BCC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
Phone Number
239-252-2497
Agenda Item Number
16B5
,c~nservation Easement
~ \.Oor-~
INSTRUCTIONS & CHE 1ST
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 X
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 X
si nature and initials are re 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 ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on (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.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date:
December 19,2008
To:
Chris D' Arco, Environmental Specialist
Environmental Services
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Conservation Easement - Living Word Family Church
Enclosed please find three (3) certified copies of the referenced above
(Agenda Item #16B5), which was adopted by the Board of County
Commissioners on Tuesday, June 22, 2004.
The Minutes and Records Department has retained the original easement for
the official records of the Board.
If you have any questions, please call me at 252-8411.
Thank you.
Enclosures (3)
1685
OFFICE OF THE COllIER COUNTY
ENVIRONMENTAL SERVICES DEPARTMENT
INTEROFFICE MEMORANDUM
TO:
Board of County Commissioners of Collier County
I ~~
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: l~
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FROM:
Chris D'Arco, Environmental Services Dept.
DATE:
November 21st, 2008
RE:
Acceptance of Conservation Easement
I.-IV'~ w,./J l~ty'. ~ c/,,,,ciJ
Attached is a Conservation Easement for .Ql-ympil PBFI( O'^REI'.3 :.is- .eiation.
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) 252-2497.
Attachments: Conservation Easement for Living Word Family Church
1685
OFFICE OF THE COLLIER COUNTY
ENVIRONMENTAL SERVICES DEPARTMENT
INTEROFFICE MEMORANDUM
TO:
Clerk to the Board, Board Minutes and Records
FROM:
Chris D'Arco, Environmental Services Department
DATE:
November 21st, 2008
RE:
Attestation and Recording of Conservation Easement
Attached is a Conservation Easement for Living Word Family Church, 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. The
check amount of $93.20 is for the recording of the original conservation
easement as well as three certified copies requested by the applicant.
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) 252-2497.
Attachments
Routing Slip
Conservation Easement
Check
THIS INSTRUMENT PREPARED BY & RETURN TO:
NAME: Paul Foslien
4236973 OR: 4410 PG: 3358
RBCORDBD in OPPICIAL RBCORDS of COLLIBR COURTY, PL
12/02/2008 at 10:24AI DWIGHT B. BROCK, CLBRI
RBC PBB 61.00
DOC-.70 .70
COPIBS 7.00
ADDRESS: 7550 Mission Hills Dr, Suite 314
Naples, Fl34119
Retn:
CLBRI TO THB BOARD
IRTBROPPICB 4TH PLOOR
BIT 8411
PARCEL J.D. folio#00214920002
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE THIS LINE FOR RECORDING
DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this 28th day of October, 2008, by
[Name of Grantor] Living Word Family Church. Inc. (hereinafter [short name] Living
Word Family Church. Inc.), as Grantor, whose address is [address of Grantor] 7550
Mission Hills Dr. Suite 314. Naples. Florida 34119, 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, [Grantor] Living Word Family Church. Inc. is the owner of that certain
tract of land located in Collier County, Florida described in Exhibit "A" [include a Plat
Book and Page reference in Exhibit "A'1 attached hereto (hereinafter referred to as
the "property"); and
WHEREAS, Collier County is requIring that this Conservation Easement
C'Easement'') be entered into and recorded in the land records of Collier County to
bind [Grantor] Living Word Family Church. Inc.; 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. [Grantor] Living Word Family Church. Inc., 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.
OR: 4410 PG: 3359
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. [Grantor] Living Word Family Church. Inc. 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.
OR: 4410 PG: 3360
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.
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:
~~-
------- -
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Printed Na e: bbie Jacinto
WW /i~r
ri ted Name: NikkI Hunter
[NAME OF GRANTOR]
Living Word Family Church Inc.
By: Maria Foslien
OR: 4410 PG: 3361
STATE OF FLORIDA )
COUNlY OF COLUER )
~.ft>regoing instrument was subscribed, sworn and acknowledged before me this
.. f day of Dc fob./LV , 2008, by [authorized signor of
Grantor entity] Maria Foslien ~a~~title] Vice President for [entity] Living Word Family
Church Inc., and who is [~personally n to me or [ ] who produced
as identification.
NOTARY PUBLIC
p~in~ed Na~e: 7xboV'a.h m. :r-v~tf
My Commission Expires: '5/)ZOIO
OR: 4410 PG: 3362
Acceptance by Grantee:
DA Tpn:. El~,l~l N2
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A T;.(J!~'T:' . . ''';''. 4'\.
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Q~pIQllr:~...I3\R:9C7K, Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
'i/iJ~ ....: <:';'../Deputy Clerk
Atte~'try aflJ~:tha1nD411 ,
s 1 ClnatW't Oft I "
BY:r-- ~~
TOM HENNING, alfman
Approved as to form and legal
sufficiency:
kJ~f;W
HellS ton- lC 0
Assistant County Attorney
OR: 4410 PG: 3363
NORTH UNE OF
SEC110N 30
I
------
NBS'03'09"E-
-- ,
NBS'03'09"E 129.75 S03'5S'5,"E
29.31' 10.00'
--
-u.u.lOKALEE ROAD
C,R, #846
(llfW vAlUl!5)
1/4 SECl10N CORNER
/
[
S03'56'51"[
19.81'
N86'03'09"[
53.32'
\
RIGHT-OF-WAY BASED UPON IMMa<ALEE
ROAD - C.R. 848 RIGHT-OF-WAY MAPS
PREPARED fOR 1liE COWER COUNTY
DEPARlMENT Of lRANSPORTATlON 8Y
MlSON-MILLER. INe. (PRDJEcr l8oo1B)
N86'03'09"[
109.21'
I
EAST UNE OF
I THE N.E. 1/4
'.............-OF SEC110N 30
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DESCRIPTION:
(AS PER O.R. BOOK 739, PAGE 1288):
THE WEST 1/2 OF THE EAST 1/2 Of THE WEST 1/2 OF THE
NORTHEASr 1/4 LESS THE SOUTH 10' THEREOf AND THE NORTH
10' THEREOf fOR ROAD RIGHT OF WAY, SECTION 30, TO~SHIP
48 SOUTH, RANGE 27 EAST, COWER COUNTY, flORIDA.
ALSO LESS AND EXCEPT THE RIGHT-Of-WAY OF IMIAOKALEE
ROAD (COUNTY ROAD 84lS) AS RECORDED IN OFFiCIAL RECORDS
BOOK 3252, PAGE 230 Of THE PUBUC RECORDS OF COWER
COUNTY, flORIDA.
18,35
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502'11' 43"E
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SOUTH UNE OF
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SURVEYOR'S CERTIFICA TIO N:
NOTES:
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Borr;JE.\&;~ (Fgr the F LB1642)
Professional Land Surveyor
Florida CertlflCO~e o. 5J65
Dote Slqned: :J \ ~~,
Not valid without t e signature and the original raised
seal of 0 florida LIcensed Surveyor and Mop per .
1. BEARINGS ARE BASED ON THE FLORIDA SrATE
PLANE COOROINA TE SYSTEM, FLORIDA EAST ZONE.
THE NORTH UNE OF THE NORTHEAST QUARTER OF
SECTION 30 HAS A REFERENCE BEARING OF NORTH
88"03'09" EAST.
2. THIS IS NOT A SURVEY.
JOl-l N SC~N
ENGINEERING
NAPLES, FLORIDA 34112
PHONE (239) 434-0333
FAX (239) 434-9320
LB. #642 & L.B. #642
SKETCH AND DESCRIPTION
DArE
3/2008
ttt OR: 4410 PG: 3364 ttt
.
, '
EAST LINE OF
I 1l-IE N.L 1/4
/ OF SECTION 30
\ THE WEST LINE OF 1l-IE EAST
1/2 OF THE WEST 1/2 OF
1l-IE N.E. 1/4 OF SECTION 30__
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7,310
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OF THE WEST 1/2 OF 1l-IE
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THE WEST 1/2 OF
THE EAST 1/2 OF
THE WEST 1/2 OF
1l-IE N.E. 1/4
N81'48'16'E
322.27'
\
N02'10'30'W
10.00'
S0211' 43'E
70.03'
S86'07'04'W
272.74'
SOUTH L1NElF
1l-IE N.E. 1/4
OF SECTION 30
-~-
S86'07'04'W
50.02'
POINT OF
COMMENCEMENT
1l-IE SOU1l-IWEST
CORNER OF 1l-IE N.L
1/4 OF SECTION 30
POINT OF
BEGINNING
N86'07'04'E - - -
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DESCRIPTION:
A PARCEL OF LAND LOCATED IN SECTION 3D, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT 1l-IE SOU1l-IWEST CORNER OF 1l-IE NOR1l-IEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA AND RUN NOR1l-I 86'07'04' EAST ALONG 1l-IE SOU1l-I LINE OF
SAID NORTHEAST 1/4, A DISTANCE OF 645.53 FEET; 1l-IENCE RUN NOR1l-I 02'10'30' WEST ALONG 1l-IE WEST
LINE OF THE EAST 1/2 OF 1l-IE WEST 1/2 OF SAID NOR1l-IEAST 1/4, A DISTANCE OF 10.00 FEET TO 1l-IE
POINT OF BEGINNING: THENCE CONTINUE NORTH 0210'30' WEST ALONG SAID WEST LINE, A DISTANCE OF
E 1003.17 FEET; THENCE RUN NOR1l-I 81'48'16' EAST, A DISTANCE OF 322.27 FEET TO AN INTERSECTION WITH
oS THE EAST LINE OF THE WEST 1/2 OF SAID EAST 1/2 OF 1l-IE WEST 1/2 OF 1l-IE NOR1l-IEAST 1/4: 1l-IENCE
g RUN SOUTH 02-11143" EAST ALONG SAID EAST LINE, A DISTANCE OF 923.64 fEET; THENCE RUN SOUTH
86'07'04' WEST, A DISTANCE OF 50.02 FEET; 1l-IENCE RUN SOUTH 02'11'43' EAST, A DISTANCE OF 70.03
g FEET; 1l-IENCE RUN SOUTH 86'07'04' WEST PARALLEL WI1l-I 1l-IE SOU1l-I LINE OF 1l-IE NOR1l-IEAST 1/4, A
N DISTANCE OF 272.74 FEET TO 1l-IE SAID POINT OF BEGINNING.
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~ CONTAINING 316,434.07 SQUARE FEET OR 7.310 ACRES, MORE OR LESS.
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on NOTES:
8
,. 1. BEARINGS ARE BASED ON THE FLORIDA STATE
5l PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE.
;;; THE NORTH LINE OF THE NORTHEAST QUARTER OF
8 SECTION 30 HAS A REFERENCE BEARING OF NORTH
N 86'03'09' EAST.
Iii 2. THIS IS Nor A SURVEY.
SURVEYOR'S CERTIFICATION:
o 100' 200'
1""""""1 ,
SCAlE IN FEET
~ l;:. ~
~~'Ir:;;-LBI642)-
Professional Land SUrveyor
Florldo Certlflcote No. 5365
Dote Signc<l: I J \ 1'l.<>f>'Q
Not volid wlth~t"i~I;-=;'g;,oture and the original raised
seal of a Ftorido Licensed Surve)'Of and ~apper.
J 01-1 N S (71 N
ENGINEERING
NAPLES, FLORIDA 34112
PHONE (239) 434-0333
FAX (239) 434-9320
LB. #642 & L.B. #642
SKETCH AND DESCRIPTION
OAlE
03/2008