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Autumn Leaves OFFICE OF THE COLLIER COUNTY DEVELOPMENT REVIEW INTEROFFICE MEMORANDUM TO: Board of County Commissioners of Collier County FROM: Craig Brown, Development Review DATE: 1/20/2017 RE: Acceptance of Conservation Easement Attached is a Conservation Easement for Autumn Leaves. In accordance with Resolution No. 2010-39, approved by the Board of County Commissioners on 2/23/2010, 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) 252-2548 Attachments INSTR 53 THIS INSTRUMENT PREPARED BY&RETURN TO: RECORDED 5368283 OR 17 12:10 PG 2273M 2/16/2017 PM PAGES 11 NAME: DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT KENNETHR JOHNSON, ESQ. COLLIER COUNTY FLORIDA ADDRESS: 4001 TAMIAMI TRAIL NORTH DOC@.70$0.70 REC$95.00 SUITE 300 NAPLES,FL 34103 PARCEL I.D. # SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is given on this 13 day of January, 2017 by DORSET ASSOCIATES, LLC, A FLORIDA LIMITED LIABILITY COMPANY (hereinafter "DORSET" or the "Grantor"), as Grantor, whose address is: 4081 N. Tamiami Trail, Suite C-105,Naples, Florida, 34103, to COLLIER COUNTY,FLORIDA,A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (hereinafter "COLLIER COUNTY" or the "Grantee") as Grantee (Grantor and Grantee are sometimes hereinafter collectively referred to as the "parties"). WHEREAS, DORSET is the owner of that certain tract of land located in Collier County, Florida described on Exhibit "A" attached hereto and made a part hereof by reference (hereinafter referred to as the "Property"); and WHEREAS, COLLIER COUNTY is requiring that this Conservation Easement (the "Conservation Easement") be entered into and recorded in the public records of Collier County, Florida to bind DORSET, and its heirs, successors and assigns; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described on the attached Composite Exhibit "B" (the "Easement Property"). NOW, THEREFORE, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration the receipt and sufficiency of which is acknowledged by the parties, DORSET hereby grants a Conservation Easement to COLLIER COUNTY as follows: 1. DORSET, on behalf of itself and its, heirs, successors and assigns, hereby grants a non-exclusive easement to COLLIER COUNTY over and across the property Page 1 Dorset Associates, LLC Capital Center Land Condominium Additional Preservation Area described on Exhibit "B" 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. The following exceptions apply: a. Archaeological surveys or excavation are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein,provided it is an allowable use in the underlying zoning district. 3. DORSET, 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 to 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. DORSET 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. Page 2 Dorset Associates,LLC Capital Center Land Condominium Additional Preservation Area 6. DORSET shall pay any and all real property taxes and assessments levied by competent authority on the Easement Property. 7. DORSET 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. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their respective heirs, successors or assigns, which shall be filed in the public records of Collier County, Florida. 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 Easement Property and their successors and/or assigns, it being the intention of the DORSET that this Conservation Easement be perpetual. 11. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remaining provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of this Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of COLLIER COUNTY, and any forbearance on behalf of COLLIER COUNTY to exercise its rights hereunder in the event of any breach hereof by DORSET. shall not be deemed or construed to be a waiver of COLLIER COUNTY'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. (The balance of this Page intentionally left blank-Signature Pages Follow) Page 3 Dorset Associates, LLC Capital Center Land Condominium Additional Preservation Area IN WITNESS WHEREOF, Grantor has hereunder caused this instrument to be duly executed and delivered on the day and year first above written. Sign, Sealed and Delivered in the Presence of: WITNESSES: DORSET ASSOCIATES,LLC, A FLORIDA LIMITED LIABILITY COMPANY / SIP__ ilt J ,v,vicQi' • By: �I Printed Name:2fr,Ii ..0 �• LTA , EDWA'D J.MACE, Its Manag,r /f/f,fAi 1 / Printed Name: gM_________ , On4 s STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was subscribed, sworn and acknowledged before me on this /. day of January, 2017 by EDWARD J. MACE, I 'who is personally known to me or 0 who produced his driver's license as identification, as Manager and on behalf of DORSET ASSOCIATES,LLC,A FLORIDA LIMITED LIABILITY COMPANY. ,% Notary Public State of r or''a a ar ',- Printed Name: ' ♦' L, J.,_ 0 i My Commission Expires: (Notary seal) ���"Av .� ,A��,M R48EMARiE B.YOUNG * (, * MY COMMISSION IFF 053666 III 4 EXPIRES:January 6,2018 4s� K'`gr Boded Thru Budget Notary Services Page 4 Dorset Associates, LLC Capital Center Land Condominium Additional Preservation Area ACCEPTANCE BY GRANTEE: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Deputy - 4 ' Re,n� `T'4 or- AIRMAN Attest as, at\ •n9. sjnature QtLL'.� Approved as to form and legal sufficiency: By: S a 0W A. 640..a,� .A 5 s:3-1-A/sir County Attorney APPROVED PURSUANT TO RESO. 2010-39 Page 5 Dorset Associates, LLC Capital Center Land Condominium Additional Preservation Area Exhibit A — Future Phase Land A portion of Folio ID Number: 00266480008 A PARCEL OF LAND LYING WITHIN SECTION 23, TOWNHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON THE FOLLOWING PAGE(S). Dorset Associates, LLC Capital Center Land Condominium Additional Preservation Area FUTURE PHASES II, III, IV CAPITAL CENTER CAPITAL CENTER LAND CONDOMINIUM OR 4195, PG 2390 LAND CONDOMINIUM OR 4195, PG 2390 WEST LINE OF FUTURE PHASES II, III, IV OR 4195, PG 2390 N87'00'28"E 241.92' cO 0 15 30 60 ,y0 NW LINE OF 1 44 LAND UNIT 2 1"=60' NO2°41'56"W 59.02' 0 OR 5102, PG 2223 X1.1' LAND UNIT 2 JEFFERSON BUILDING CAPITAL CENTER LAND CONDOMINIUM a N10'56'48"W 13.94' OR 5102, PG 2223 M SW LINE OF L3 �uj LAND UNIT 2 N NO2'42'00"W 31.34' o�p, OR 5102, PG 2223 o SOFo o N09'49'43"E 9.22' 7,,G * '90, o a0 o r i 41 N 03 C 0 3 9- 0 O as a POB DESC. S42°16'25"W 63.04' o SW CORNER OF z d FUTURE PHASES II, III, IV LAND UNIT I n OR 4195, PG 2390 TREASURY BUILDING S87'18'00"W 221.17' CAPITAL CENTER E. LAND CONDOMINIUM Q. OR 4195, PG 2390 Z,,'- SOUTH LINE OF- -T FUTURE PHASES II, III, IV O OR 4195, PG 2390 . 4 N z LEGEND DESC. = DESCRIPTION OR = OFFICIAL RECORDS BOOK Q PG = PAGE m POC = POINT OF COMMENCEMENT 'eC POB = POINT OF BEGINNING -.15 0 U 0 S89'25 40"W o (BASIS OF BEARING) N 0 ** O o • NOTES: N 1. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF CAPITAL CENTER LAND CONDOMINIUM AS Q. RECORDED IN OFFICIAL RECORDS BOOK 4195, PAGE N 2390, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA G �O'J 1 jt�// TO BEAR S.89°25'40"W. TIMOTHY J. DLVRIES DATE • 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS PROFESSIONAL SURVEYOR-AND MAPPER N TO ZONING OR DEVELOPMENT RESTRICTIONS ON THE FLORIDA CERTIFICATE NO. LS 6758 SUBJECT PARCEL. NOT VALID WITHOUT THE SIGNATURE AND THE 3. THIS IS NOT A SURVEY. ORIGINAL RAISED SEAL OF A FLORIDA LICENSED si SURVEYOR AND MAPPER. PARCEL IN 6610 Willow Park Dr.,Suite 200 CAPITAL CENTER LAND CONDOMINIUM Naples,Florida 34109 filA-lkPhone(239)597-0575 SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST Fax:LB(239)No.:597-05786952 COLLIER COUNTY, FLORIDA ENGINEERING IJOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 050147.06.00 0 23 49 25 1"=60' 01/12/17 TJD SD PARCEL3 1 OF 2 DESCRIPTION A PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF FUTURE PHASES II, III, IV OF CAPITAL CENTER LAND CONDOMINIUM AS RECORDED IN OFFICIAL RECORDS BOOK 4195, PAGE 2390 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA THENCE THE FOLLOWING FIVE BEARINGS AND DISTANCES ON THE WEST LINE OF SAID FUTURE PHASES II, III, IV: 1. N.02°42'00"W., FOR 85.78 FEET; a 2. N.09°49'43"E., FOR 9.22 FEET; 3. N.02°42'00"W., FOR 31.34 FEET; 0 4. N.10°56'48"W., FOR 13.94 FEET; 0 5. N.02°41'56"W., FOR 59.02 FEET; THENCE N.87°00'28"E., DEPARTING SAID WEST LINE FOR 241.92 FEET TO AN INTERSECTION WITH o THE NORTHWEST LINE OF LAND UNIT 2 OF CAPITAL CENTER LAND CONDOMINIUM AS RECORDED IN 0 OFFICIAL RECORDS BOOK 5102, PAGE 2223, SAID PUBLIC RECORDS; THENCE S.42°20'08"W., ON SAID NORTHWEST LINE FOR 93.06 FEET; THENCE S.47°38'50"E., ON THE SOUTHWEST LINE OF SAID LAND UNIT 2 FOR 126.90 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID FUTURE PHASES II, III, IV; THENCE THE FOLLOWING TWO BEARINGS AND DISTANCES ON THE SOUTH LINE OF SAID FUTURE PHASES II, III, IV: 1. THENCE S.42°16'25"W., FOR 63.04 FEET; 2. THENCE S.87°18'00"W., FOR 221.17 FEET TO THE POINT OF BEGINNING OF THE PARCEL E.! DESCRIBED HEREIN; 0 CONTAINING 44,205 SQUARE FEET OR 1.01 ACRES, MORE OR LESS. N BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE SOUTH LINE OF CAPITAL CENTER LAND CONDOMINIUM AS RECORDED IN OFFICIAL RECORDS BOOK 4195, PAGE 2390, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TO BEAR S.89°25'40"W. U0 0 n O U ti O 0 n V O 0 9 n O N ,. 0 PARCEL IN 6610 Willow Park Dr.,Suite 200 CAPITAL CENTER LAND CONDOMINIUM Naples,Florida 34109 Phone39) -055 SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST Fax:(23(29)597-5970578 COLLIER COUNTY, FLORIDA LB No.:6952 ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 050147.06.00 0 23 49 25 01/12/17 TJD SD PARCELS 2 of 2 Exhibit B — Conservation Easement Property A portion of Folio ID Number: 00266480008 A PARCEL OF LAND LYING WITHIN SECTION 23, TOWNHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON THE FOLLOWING PAGE(S). Dorset Associates, LLC Capital Center Land Condominium Additional Preservation Area R=12.00' A=89'41'54" CB=N42'08'21"E C=16.93' L=18.79' R=12.00' ___.__ NO2'42'35"W 15.69' N86'59'18'E 36.73' =x90°18'06" POB DESC. CB=547'51'39"E I NW CORNER PRESERVATION AREA 3 C=17.02' OR 4293, PG 4082 58721'03"W 12.50' a L=18.91' I o ri I _ _ _ _ ' CAPITAL CENTER NS-719'29"E 151.42' tiger n LAND CONDOMINIUM to OR 4195, PG 2390 I385,`Y N G� R=12.00' �6, A=4214'24" PRESERVATION C8=S18'24'36"W AREA 3 C=8.65' OR 4293, L=8.85' PG 4082 PERCORNER PRESERVATION AREA 3 OR 4293, PG 4082 m a a c 0 U OD o v) N o N O 8 � M O. O. O --- N O 0 y 0 m m 0 m a` o POC DESC. SE CORNER OF COACHMAN GLEN g PLAT BOOK 36, PAGES 1 AND 2 a t, i I LEGEND m ,I L = ARC LENGTH C = CHORD LENGTH CB = CHORD BEARING DESC. = DESCRIPTION 8 OR = OFFICIAL RECORDS BOOK R PG = PAGE 00 POC = POINT OF COMMENCEMENT 0 POB = POINT OF BEGINNING K R = RADIUS v, A = DELTA ANGLE 0 h 0 12.5 25 50I — O I - 1"=50' o V• NOTES: / 1/1 ?-- �l w 5 1. BEARINGS ARE BASED ON THE EAST LINE OF COACHMAN GLEN 8RECORDED IN PLAT BOOK 36, PAGE 1, PUBLIC RECORDS OF TIMOTHY J. DEVRIES - . DATE N COLLIER COUNTY, FLORIDA TO BEAR N.02°40'31"W. PROFESSIONAL SURVEYOR AND MAPPER 0.7 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO FLORIDA CERTIFICATE NO. LS 6758 ▪ ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED g 3. THIS IS NOT A SURVEY. O SURVEYOR AND MAPPER. CONSERVATION EASEMENT 6610 ak , t NaplesWillow,PFloridarDr.34109suie 200 CAPITAL CENTER LAND CONDOMINIUM Phone(239)597-0575 SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST Fax:(239)597-0578 LB No.::69526952 COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATF DRAWN BY FILE NAME SHEET 050147.06.00 0 23 49 25 1"=50' 12/19/16 TJD SD Cons 1 OF 2 DESCRIPTION A PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF COACHMAN GLEN, A SUBDIVISION AS DESCRIBED IN PLAT BOOK 36, PAGES 1 AND 2 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE N.02°40'31"W. ON THE EAST LINE OF SAID SUBDIVISION FOR 212.58 FEET; THENCE N.87°19'29"E., DEPARTING SAID EAST LINE FOR FOR 151.42 FEET TO THE NORTHWEST CORNER OF A PRESERVATION AREA 3 AS RECORDED IN OFFICIAL RECORDS BOOK 4293, PAGE 4082, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE N.02°42'35"W., FOR 15.69 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 18.79 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 12.00 FEET THROUGH A CENTRAL ANGLE OF 89°41'54" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.42°08'21"E. FOR 16.93 FEET; o THENCE N.86°59'18"E., FOR 36.73 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY 18.91 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 12.00 FEET THROUGH A CENTRAL ANGLE OF 90°18'06" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.47'51'39"E. FOR 17.02 FEET; THENCE S.02°42'35"E., FOR 53.04 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY 8.85 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 12.00 FEET THROUGH A CENTRAL ANGLE OF 42°14'24" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.18°24'36"W. FOR 8.65 FEET TO THE EASTERLYMOST CORNER OF SAID PRESERVATION EASEMENT 3; THENCE N.47°38'57"W., ON THE NORTH LINE OF SAID PRESERVATION EASEMENT 3 FOR 63.86 FEET; THENCE S.87°21'03"W., ON THE NORTH LINE OF SAID PRESERVATION EASEMENT 3 FOR 12.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; CONTAINING 2,779 SQUARE FEET OR 0.06 ACRES, MORE OR LESS. o SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 0 BEARINGS ARE BASED ON THE EAST LINE OF COACHMAN GLEN RECORDED IN PLAT BOOK 36, PAGE 1, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TO BEAR N.02°40'31"W. N a 0 'o 0 0, 0 a 0 O CONSERVATION EASEMENT 6610 Willow Park Dr.,Suite 200 Naples,Florida 34109 CAPITAL CENTER LAND CONDOMINIUM Phone LB(239)597-0575 SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST Fax:(239)597-0578 No.:6952 COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 050147.06.00 0 23 49 25 12/19/16 TJD SD Cons 2 OF 2