Sunset Cay @ Port of the Islands
-
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6
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.)
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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 through routing lines #1 throul!h #4, cOllll>lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
(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 BCt has acted to approve the
item.)
Name of Primary Staff Stephen Lenberger
Contact
Agenda Date Item was June 22,2004
A roved b the BCC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
1.
o Number of Original
{9 r+ Documents Attached
-::c5 ~S
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
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.)
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"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are r 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 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!
The document was approved by the BCC on June 22. 2004 (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 licable.
2.
3.
4.
5.
6.
252-2915
16B5
1 with exhibits
Yes
(Initial)
SL
N! A (Not
A licable)
N!A
N!A
SL
N!A
SL
I: Formsl County Formsl BCC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
OFFICE OF THE COLLIER COUNTY
ENVIRONMENTAL SERVICES DEPARTMENT
1685
INTEROFFICE MEMORANDUM
FROM:
Board of County Commissioners of Collier County
Stephen Lenberger AIf/
Engineering and En~Znmental Services Department
TO:
DATE:
November 26, 2007
RE:
Acceptance of Conservation Easement
Attached is a Conservation Easement from SUNSET CAY AT PORT OF THE
ISLANDS MASTER ASSOCIATION, 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 252-2915 .
Attachments
OFFICE OF THE COLLIER COUNTY
ENVIRONMENTAL SERVICES DEPARTMENT
INTEROFFICE MEMORANDUM
TO:
Clerk to the Board, Board Minutes and Records
Stephen Lenberger ;//1/
Engineering and EnvirtSnmental Services Department
FROM:
DATE:
November 26, 2007
RE:
Attestation and Recording of Conservation Easement
Attached is a Conservation Easement from SUNSET CAY AT PORT OF THE
ISLANDS MASTER ASSOCIATION, INC., 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. Included in the check is the cost
of 1 copy, which copy is to be returned by interoffice mail to this department.
Thank you for your assistance in this matter. If you have any questions,
feel free to contact me at 252-2915 .
Attachments
1685
THIS INSTRUMENT PREPARED BY & RETURN TO:
Cheryl R. Kraus
Kraus & Ballenger, P.A.
1072 Goodlette Road North
Naples, Florida 34102
16~~
PARCEL 1.D.# 01067080703
SPACE ABOVE THIS LINE FOR PROCESSING DATA
CONSERVATION EASEMENT
TillS CONSERV ATIONEASEMENT given this --1- day of 'J) ec...~ bc..r ,
2006, by SUNSET CAY AT PORT OF THE ISLANDS MASTER ASSOCIATION, INC.
(hereinafter the "ASSOCIATION"), as Grantor, whose address is c/o Resort Management, 2685
Horseshoe Drive #215, Naples, Florida 34104, 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, ASSOCIATION 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 ASSOCIATION; 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 Exhibit "B" (the
Easement Property).
NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County
as follows:
1. ASSOCIATION, it 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 thereof.
2. No buildings, structures or impediments of any nature may be constructed, placed or
permitted on, over or across the Easement Property unless such items are specifically authorized in
writing by Collier County. 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.
1685
No dikes or fencing shall be permitted on the Easement Property. There shall no be 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. ASSOCIATION, 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 if 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.
76B5
12. Enforcement of the terms, provisions and restrictions of this Conservation Easement
shall be at the reasonable discretion of Grantor, 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 arid for Collier County, Florida. In any enforcement action in which the Grantee prevails,
Grantee shall be entitled to recover reasonably attorney's fees arid 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 Chapter 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:
~~
'----..-/Printed Name: I/JU.ene Por I4t<K,'
SUNSET CAY AT PORT OF THE ISLANDS
MASTER ASSOCIATION, INC.
~~ d, \=)~/u.
Printed Name: ~f\c....'f L. PrcrCf
By: ,;DC~
~. c. f^..o l b4U":j--' President
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing instrument was subscribed, sworn and acknowledged before me this 7+11\
day of l)Q..1")o iY'\'t~ ,2006, by Q. c. . 'i'-ioa..,v~ '~~ ,asPresidentfor
SUNSET CAY AT PORT OF THE ISLANDS MASTER ASSOC nON, INC., and who IS [ ]
personally known to me or kwho produced DIU 1;0)"vCJ fit; OJ''''l'\..~ as
identification.
iJ1f/'~ :t\. Notllry Public Stille of Florida
'~ Tracy L Price
X--": i My Commission 00525118
Of ",0 Expires 03/05/2010
My Commission Expires: b3)05 IdOl 0
~ c1 'PrLG~
NOTARY PUB C _
Printed Name:-rlC AC:~ I . PI2TCC
.I~~$
Acceptance by Grantee:
ATTEST:;,,,'" .. .
DWIG~~'~.~ CLERK
"~~ " ....,<~'" .',
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
#~
, CHAIRMAN
EXHIBIT A
1685
OR: 3643 PG: 0946
Dennis M. Po rtelIa, Sr. PLS
PORTELLA & ASSOCIATES, LLC
Land Surveyors
PHONE: 239-775-6511
FAX: 239-775-6465
Email: Dportella@aol.com
MAILING ADDRESS:
2384 Linwood Avenue
Naples, Florida, 34112
LEGAL DESCRIPTION
SUNSET CAY COMMON AREA (WATER)
A PARCEL OF LAND IN THE WEST HALF OF THE SOUTHEAST QUARTER OF
SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF PORT-OF-THE-ISLANDS, PHASE ONE,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, AT PAGES 122 AND 123 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE RUN NORTH 89043'20" WEST,
FOR A DISTANCE OF 377.73 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION
9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH
00017'01" WEST, A DISTANCE OF 164.15 FEET TO THE WATERS EDGE OF AN OPEN CANAL, SAID
POINT BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE
SOUTH 00017'01" WEST, A DISTANCE OF 2391.45 FEET TO THE SOUTH QUARTER CORNER OF SAID
SECTION 9; THENCE RUN NORTH 89056'40" EAST, A DISTANCE OF 486.70 FEET TO THE
PROJECTION OF THE WEST LINE OF LOT 37, PORT-OF-THE-ISLANDS, PHASE ONE, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 122 AND 123 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA; THENCE NORTH 00016'40" EAST, ALONG SAID PROJECTED LINE,
FOR A DISTANCE OF 136.69 FEET TO THE WATER'S EDGE OF SAID OPEN CANAL, SAID POINT
BEARS SOUTH 00016'40" WEST, DISTANCE OF 128.10 FEET FROM THE NORTHWEST CORNER OF LOT
37, PORT-OF-THE-ISLANDS, PHASE ONE; THENCE ALONG THE WATER'S EDGE OF SAID OPEN
CANAL, THE FOLLOWING 12 COURSES:
WESTERLY, ALONG SAID NORTHERLY WATER'S EDGE, 349.0 FEET, FEET MORE OR LESS TO A
POINT;
THENCE NORTHERLY ALONG THE EASTERLY WATER'S EDGE OF SAID GANAL, FOR A DISTANCE OF
324.0 FEET MORE OR LESS;
THENCE NORTHEASTERLY ALONG THE EASTERLY WATER'S EDGE OF SAID CANAL,
FOR A DISTANCE OF 43.7 FEET MORE OR LESS;
THENCE EASTERLY ALONG THE EASTERLY WATER'S EDGE OF SAID CANAL, FOR A DISTANCE OF
67.4 FEET MORE OR LESS;
THENCE NORTHEASTERLY ALONG THE EASTERLY WATER'S EDGE OF SAID CANAL, FOR A DISTANCE
OF 18.4 FEET MORE OR LESS;
THENCE NORTHERLY ALONG THE EASTERLY WATER'S EDGE OF SAID CANAL, FOR
DISTANCE OF 279.4 FEET MORE OR LESS;
THENCE NORTHWESTERLY ALONG THE EASTERLY WATER'S EDGE OF SAID CANAL, FOR A DISTANCE
OF 149.4 FEET MORE OR LESS;
THENCE NORTHERLY ALONG THE EASTERLY WATER'S EDGE OF SAID CANAL, FOR A DISTANCE OF
371.0 FEET MORE OR LESS;
THENCE NORTHEASTERLY ALONG THE EASTERLY WATERS EDGE OF SAID CANAL, FOR A DISTANCE OF
135.4 FEET MORE OR LESS;
THENCE NORTHERLY ALONG THE EASTERLY WATER'S EDGE OF SAID CANAL, FOR A DISTANCE OF
1,002.0 FEET MORE OR LESS;
THENCE NORTHWESTERLY ALONG THE EASTERLY WATER'S EDGE OF SAID CANAL, FOR A DISTANCE
OF 52.3 FEET MORE OR LESS;
THENCE WESTERLY ALONG THE EASTERLY WATER'S EDGE OF SAID CANAL, FOR A DISTANCE OF
224.7 FEET MORE OR LESS, TO A POINT THAT INTERSECTS THE WEST LINE OF THE SOUTHEAST
QUARTER OF SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, AND THE POINT OF BEINNING.
1685
OR: 3643 PG: 0947
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS SHOWN HEREON REFER TO THE WESTERLY BOUNDARY OF PORT-OF-
THE-ISLANDS, PHASE ONE, AS RECORDED IN PLAT BOOK 13, PAGES 122 AND 123,
COLLIER COUNTY, FLORIDA, AS BEING SOUTH 00016'40" WEST
seal.
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EXHIBIT B
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Dennis M. Portella, Sr. PLS
PORTELLA & ASSOCIATES, LLC
Land Surveyors
PHONE: 239-775-6511
FAX: 239-775-6465
Email: Dportella@aol.com
MAILING ADDRESS:
2384 Linwood Avenue
Naples, Florida, 34112
JANUARY 10, 2007
LEGAL DESCIUPTION
SUNSET CAY 20 J!'OO'.r CONSERVATION EASEMENT
A PARCEL OF LAND IN THE WEST HALF OF THE SOUTHEAST QUARTER OF
SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF PORT -OF- THE-ISLANDS, PHASE ONE,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, AT PAGES 122
AND 123 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE RUN
NORTH 89043'20" WEST, FOR A DISTANCE OF 377.73 FEET TO THE WEST LINE OF THE
SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 52 SOUTH,RANGE 28 EAST,
COLLIER COUNTY, FLORIDA; THENCE ALONG SAID WEST LINE OF THE SOUTHEAST
QUARTER OF SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, RUN SOUTH
00017'01" WEST, A DISTANCE OF 164.15 FEET TO THE WATERS EDGE OF AN OPEN
CANAL, SAID POINT BEING THE POINT OF BEGINNING OF A TWENTY FOOT (20')
CONSERVATION EASEMENT HEREIN DESCRIBED; THENCE CONTINUE ALONG SAID
WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 9, SOUTH 00017'01" WEST, A
DISTANCE OF 2279.67 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 9,
TOWNSHIP 52 SOUTH, RANGE 28 EAST; THENCE RUN NORTH 89056'40" EAST, A
DISTANCE OF TWENTY FEET (20') TO A POINT; THENCE PARALLEL WITH THE WEST
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9, RUN N 00017'01" E, A
DISTANCE OF 2281.92 FEET, MORE OR LESS, TO THE WATER'S EDGE OF AN OPEN
CANAL TO A POINT; THENCE RUN SOUTH 83031'45" WEST, A DISTANCE OF 20.14 FEET
TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 52
SOUTH, RANGE 28 EAST, AND THE POINT OF BEGINNING.
SUBJECT TO EASEMENTS,RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE SOUTHEAST
QUARTER OF SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, BEING SOUTH
00017'01" WEST
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Dennis M. P6rtella, Sr., PLS #4504
Nat valid un1es signed and sealed
With an embossed Florida Surveyors seal.
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