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Agenda 04/28/2015 Item #17B Proposed Agenda Changes Board of County Commissioners Meeting April 28,2015 Continue Item 16A14 to May 12,2015 BCC Meeting: Recommendation to approve a Temporary Use Agreement to permit the temporary use of a portion of the right-of-way previously acquired for the expansion of County Barn Road from two lanes to four lanes. (Fiscal Impact: None) (Staff's request) Continue Item 16H2 to May 12,2015 BCC Meeting: Recommendation to appoint a member to the Collier County Planning Commission. (Commissioner Hiller's request) Continue Item 17B to May 12, 2015 BCC Meeting: This item continued from the April 14, 2015 BCC Meeting. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL201400002 3 5, to vacate the 2.35-foot wide conservation easement as recorded in Official Record Book 4251, Pages 1007 through 1018, of the public records of Collier County, Florida, being a part of Tract M-1, Stella Maris, and approve an Amendment to the Settlement Agreement and General Release, dated June 26, 2007, as recorded in Official Record Book 4251, Pages 1019 through 1024. (County Attorney's request) Time Certain Items: Item 7—Public Comments on General Topics—will be heard no sooner than 1:00 or at the conclusion of the agenda Item 9A to be heard at 9:45 a.m. Item 9B to be heard immediately following 9A Item 9C to be heard immediately following 9B Item 11A to be heard immediately following 9C Item 12A to be heard at 11:30 a.m. 4/28/2015 17.B. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20140000235, to vacate the 2.35-foot wide conservation easement as recorded in Official Record Book 4251, Pages 1007 through 1018, of the public records of Collier County, Florida, being a part of Tract M-1, Stella Maris, and approve an Amendment to the Settlement Agreement and General Release, dated June 26, 2007, as recorded in Official Record Book 4251, Pages 1019 through 1024. OBJECTIVE: To adopt a Resolution to vacate the 2.35-foot wide conservation easement as recorded in Official Record Book 4251, pages 1007 through 1018, of the public records of Collier County, Florida, located in Tract M-1, Stella Maris, as recorded in Plat Book 26, pages 26 through 27, of the public records of Collier County, Florida, and also being a part of Section 9, Township 52 South, Range 28 East, Collier County, Florida, being more specifically shown in Exhibit A; and to approve an Amendment to the Settlement Agreement and General Release, dated June 26, 2007, as recorded in Official Record Book 4251, Pages 1019 through 1024. CONSIDERATIONS: Petition VAC-PL20140000235 has been received by the Development Review Division of the Growth Management Department, from James Hart, of Sentry Management as agent for property owner Villages of Stella Maris Master Association, to vacate the 2.35-foot wide conservation easement as recorded in Official Record Book 4251, pages 1007 through 1018, of the public records of Collier County, Florida, located in Tract M-1, Stella Maris, as recorded in Plat Book 26, pages 26 through 27, of the public records of Collier County, Florida, and also being a part of Section 9, Township 52 South, Range 28 East, Collier County, Florida. The County was granted the subject conservation easement pursuant to the terms of a Settlement Agreement, dated June 26, 2007, between the County, the original property owner, POI Development, Inc., and the current property owner, Villages at Stella Maris Master Association, Inc. The County had originally approved a boat ramp for the subject property as part of the Stella Maris II site development plan 2003, but subsequently rescinded its approval due to environmental concerns that the boat ramp approval conflicted with the intent of the Collier County Manatee Protection Plan to limit the number of boats utilizing the Port of the Islands. However, the developer had already entered into numerous contracts for sale of the property based in part on the County's approval of the boat ramp, so the parties entered into the Settlement Agreement to avoid potential litigation. As part of the Settlement Agreement, the developer agreed to grant the County a conservation easement over its seawall to ensure that no boats would dock alongside the seawall, in exchange for the County permitting the use of a private boat ramp that would service no more vessels than could have docked alongside the seawall in a marginal wharf configuration, which was consistent with the intent of the Manatee Protection Plan. The boat ramp was never constructed, and now the current owner would like to vacate the conservation easement to allow for construction of boat dock improvements along the seawall in Packet Page-2107- 4/28/2015 17.B. place of the previously contemplated boat ramp. County staff and the owner agree that the intent of the Manatee Protection Plan will be preserved by allowing the construction of a maximum of 39 boats, each no more than 22 feet in length, which is consistent with the maximum number and size of boats that would be permitted under a parallel marginal wharf configuration along the seawall. In order to vacate the conservation easement, the Settlement Agreement must be amended to remove the conservation easement requirement and update the terms of the Settlement Agreement to reflect the current proposal to allow boat dock improvements instead of the boat ramp. Moreover, the Amendment will provide that the County's approval of the dock improvements will be contingent upon the owner obtaining all other applicable permits and approvals, including but not limited to a Site Development Plan Amendment and Boat Dock Extension. A copy of the Settlement Agreement is attached hereto. The Development Review Division has reviewed the vacation petition and found no reason for objection. Letters of no objection from abutting property owners have been received from all who responded. FISCAL IMPACT: The Growth Management Department, Development Review Division staff has collected a $2,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This request to vacate a conservation easement is consistent with the County's vacation procedures under Resolution 2013-166, and Section 704.06(4), Florida Statutes, which states that"A conservation easement may be released by the holder of the easement to the holder of the fee even though the holder of the fee may not be a governmental body or a charitable corporation or trust." This item has been approved as to form and legality and requires a majority vote for Board approval -- SAS RECOMMENDATION: That the Board of County Commissioners: 1) approves the attached Resolution, relating to Petition VAC-PL20140000235, which will vacate the County and public interest in the 2.35-foot wide conservation easement as recorded in Official Record Book 4251, Pages 1007 through 1018, of the public records of Collier County, Florida, being more specifically shown in Exhibit A; 2) approves an Amendment to the Settlement Agreement and General Release, dated June 26, 2007, as recorded in Official Record Book 4251, Pages 1019 through 1024; and 3) directs the Clerk to the Board to record a certified copy of the Resolution in the public records of Collier County, Florida. Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division, Growth Management Department. Attachments: 1) Resolution with exhibits and 2) Settlement Agreement Amendment, 3) Original Settlement Agreement Packet Page -2108- 4/28/2015 17.B. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.B. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20140000235, to vacate the 2.35-foot wide conservation easement as recorded in Official Record Book 4251, Pages 1007 through 1018, of the public records of Collier County, Florida, being a part of Tract M-1, Stella Maris, and approve an Amendment to the Settlement Agreement and General Release, dated June 26, 2007, as recorded in Official Record Book 4251, Pages 1019 through 1024. Meeting Date: 4/28/2015 Prepared By Name: BermanMarcus Title: County Surveyor,Natural Resources 3/12/2015 6:40:41 AM Submitted by Title: County Surveyor,Natural Resources Name: BermanMarcus 3/12/2015 6:40:42 AM Approved By Name: KurtzGerald Title: Project Manager, Principal, Transportation Road Maintenance Date: 3/12/2015 8:14:06 AM Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 3/12/2015 3:17:34 PM Name: McLeanMatthew Title: Project Manager, Principal, Operations and Regulatory Management Date: 3/16/2015 7:33:13 AM Packet Page -2109- 4/28/2015 17.B. Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Natural Resources Date: 3/30/2015 7:11:45 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/15/2015 6:17:19 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 4/15/2015 10:52:13 AM Name: IsacksonMark Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget Date: 4/15/2015 1:41:19 PM Name: LorenzWilliam Title:Division Director-CDES Engineering Svc,Natural Resources Date: 4/15/2015 5:26:36 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/16/2015 9:38:55 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/16/2015 10:20:07 AM Packet Page -2110- 4/28/2015 17.B. RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO VACATE THE 2.35-FOOT WIDE CONSERVATION EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 4251, PAGES 1007 THROUGH 1018, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING A PART OF TRACT M-1, STELLA MARIS, AS RECORDED IN PLAT BOOK 26, PAGES 26 THROUGH 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC-PL20140000235) WHEREAS, pursuant to Sections 125.01 and 704.06, Florida Statutes, and Collier County Resolution 2013-166, Petitioner, Villages of Stella Maris Master Association, Inc., has requested to vacate the 2.35-foot wide conservation easement as recorded in Official Record Book 4251, Pages 1007 through 1018, of the public records of Collier County, Florida, located in Tract M-1, Stella Maris, as recorded in Plat Book 26, pages 26 through 27, of the public records of Collier County, Florida, in Section 9, Township 52 South, Range 28 East, Collier County, Florida, being more specifically shown in Exhibit A, attached hereto; and WHEREAS, the Board of County Commissioners on this day, held a public hearing to consider petitioner's request and notice of said public hearing was given as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County and the Public's interest in the 2.35-foot wide conservation easement as recorded in Official Record Book 4251, Pages 1007 through 1018, of the public records of Collier County, Florida, located in Tract M-1, Stella Maris, as recorded in Plat Book 26, pages 26 through 27, of the public records of Collier County, Florida, in Section 9, Township 52 South, Range 28 East, Collier County, Florida, being more specifically shown in Exhibit A, is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public interest and for the Public benefit. BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of the Resolution in the Public Records of Collier County, Florida. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this the day of , 2015. [14-EIS-02636/1160773/1] 1 of 2 3/11/15 Packet Page-2111- 4/28/2015 17.B. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Deputy Clerk Tim Nance, Chairman Approved as to form and legality: By: 3I1yiS Scott A. Stone Assistant County Attorney Attachments: 1) Exhibit A 2) Location-Site Map [14-EIS-02636/1160773/1] 2 of 2 3/11/15 Packet Page -2112- r�,i 4/28/2015 17.B.. OR: 4251 PG: 1013 PORTELLA & ASSOCIATES, LLC Land Surveyors Dennis M. Portella, Sr. PLS PHONE:239-775-6511 MAILING ADDRESS: FAX: 239-7756465 2384 Unwood Avenue Email:Dpo tella@aoi.com Naples, Florida,34112 APRIL 30,2007 EXHIBIT "A" DESCRIPTION OF A 2.35 FOOT CONSERVATION EASEMENT AT STELLA MARIS TRACT M-1 A PARCEL OF LAND LYING AND BEING IN TRACT M-1, STELLA MARIS, AS RECORDED IN PLAT BOOK 26, PAGES 26 AND 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TRACT M-1, STELLA MARIS, AS RECORDED IN PLAT BOOK 28, PAGES 2 !ra; THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG : • riAlrgri ai*a• TERLY LINE OF SAID TRACT M- 1, RUN S 00°19'08" W, A DISTAN , - • 0.60 FE • E WATERSIDE FACE OF AN EXISTING (1.35 FOOT WIDE) C•r - r SEAWALL; T NCE WESTERLY, ALONG THE WATERSIDE FACE OF SAID CO d C'i _ • ' , 89°. '1 -" W, A DISTANCE OF 61.76 FEET TO THE POINT OF BEGI NI '41 •. 4 I a C•NSERVATION EASEMENT HEREIN DESCRIBED; THENCE 0 r 1 or ;• • j,,. , Ti IS ANCE OF 568.44 FEET TO THE SOUTHWEST CORNER •Fi I i I I I j i A.L. ; THENCE NORTHERLY, CONTINUING ALONG THE WATV ► A • — -D :i SEAWALL, N 00°16'22" E, A DISTANCE OF 343.61 FEET To • 'OINT THAT IN S .'�T TH THE PROJECTION OF THE NORTH LINE OF SAID IRA. 1, STELLA • , F E EASTERLY, ALONG SAID PROJECTED NORTH LINE OF T' -1, STELLA MA' , 85°49'58" E, A DISTANCE OF 2.36 FEET TO A POINT BEING 1 *w TE' A " E LANDWARD SIDE OF SAID CONCRETE SEAWALL; THENCE SO ' - - ' w(gr' •' W, A DISTANCE OF 341.44 FEET; THENCE EASTERLY, N 89°41'15" E, A DIST• * • 566.09 FEET; THENCE SOUTHERLY, S 00°18'45"W, A DISTANCE OF 2.35 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. CONTAINING 0.05 ACRES, MORE OR LESS. BEARING CONFORM TO THE EAST LINE OF TRACT M-1, STELLA MARIS, BEING S 00°19'08" W, PER PLAT IN PLAT BOOK 26, PAGE 26 AND 27. 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I a 1 v) ;t1 ar 3 I 0 — g...._ . 1----- 0 A •-.1 in ,1. ,4 I 0 0 i Irgig 0 0 0 co e4 1 . i Packet Page -2115- 4/28/2015 17.B. ..lj AMENDMENT TO SETTLEMENT AGREEMENT AND GENERAL RELEASE This AMENDMENT TO SETTLEMENT AGREEMENT AND GENERAL RELEASE (the "Amendment") is made and entered into this day of , 20_, by and between Villages at Stella Maris Master Association, Inc., a Florida not-for-profit corporation (the "Master Association"), POI Development, Inc., a dissolved Florida corporation (the "Developer"), and Collier County, Florida, a political subdivision of the State of Florida(the "County"). WHEREAS, the Master Association, Developer and County entered into a Settlement Agreement and General Release (the "Settlement Agreement"), dated June 26, 2007 and recorded on June 29, 2007 in Official Records Book 4251, Page 1019 of the Public Records of Collier County, Florida, affecting the property described in Exhibit A, attached hereto (the "Development"); and WHEREAS, pursuant to the terms of the Settlement Agreement, the Developer, in recognition of the Collier County Manatee Protection Plan, agreed to grant the County a conservation easement over its seawall so that no boats would be allowed to dock alongside the seawall, in exchange for the County permitting the use of a boat ramp, as described in the Site Development Plan for Stella Maris Phase III, dated July 3, 2003, on the condition that the boat ramp would service no more vessels than could have docked alongside the seawall in a marginal wharf configuration; and WHEREAS, the Developer granted the required Conservation Easement, dated May 10, 2007 and recorded on June 29, 2007 in Official Records Book 4251, Page 1007 of the Public Records of Collier County, Florida; and WHEREAS, the Developer did not construct the boat ramp contemplated by the Agreement. Pursuant to that Quit-Claim Deed, dated February 19, 2012, recorded in Book 4776, Page 2919, et. seq. of the Official Public Records of Collier County, Florida, the Developer conveyed the real property encumbered by the Conservation Easement to the Master Association; and WHEREAS, the Master Association is now requesting that the County vacate the Conservation Easement, and approve an Amendment to the Settlement Agreement to allow for the construction of boat docks in place of the previously contemplated boat ramp; and WHEREAS,the Master Association agrees that it will not be permitted to construct the previously contemplated boat ramp if the County agrees to allow the boat dock improvements described herein; and WHEREAS, the County agrees that the intent of Section 4.6.3 of the Collier County Manatee Protection Plan, relating to shoreline development within the manatee sanctuary at Port of the Islands, is to limit boat traffic in the area to the maximum number of boats that can be located in a parallel marginal wharf configuration along the waterfront of multi-family areas; and 4/14/15 Packet Page -2116- 4/28/2015 17.B. WHEREAS, a maximum of 39 boats, each limited to 22 feet in length, could dock alongside the seawall of the Development in a parallel marginal wharf configuration; and WHEREAS, the Master Association and the County agree that the intent of the Manatee Protection Plan will be preserved by allowing the construction of the number of boat docks necessary to accommodate a maximum of 39 boats, each no more than 22 feet in length. NOW, THEREFORE, in consideration of the foregoing premises and the following mutual promises (the receipt and sufficiency of such consideration being acknowledged by the parties), the parties agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Paragraph 6 of the Settlement Agreement is deleted in its entirety and replaced with the following: Boat Dock Improvements. The County agrees to approve the residential boat dock improvements ("dock improvements") described herein for the Stella Maris Phase III development upon satisfactory application by the Master Association for a Site Development Plan Amendment, Boat Dock Extension, and any other requisite County permits or approvals in accordance with applicable standards under County ordinances and regulations. The dock improvements shall consist of no more than 39 boat slips, each limited to 22 feet in length, which is consistent with the maximum number and size of boats that would be permitted under a parallel marginal wharf configuration, located along the seawall that is currently encumbered by the Conservation Easement described in Paragraph 7 below. The Master Association does not presume that this Amendment to the Settlement Agreement provides for a one-to-one boat- to-condominium unit relationship. The County's obligations under this paragraph are subject to approval of the vacation of the Conservation Easement described in Paragraph 7. 3. Paragraph 7 of the Settlement Agreement is deleted in its entirety and replaced with the following: Conservation Easement. Upon satisfactory application by the Master Association in accordance with Collier County Resolution 2013-166, the County agrees to vacate the Conservation Easement, recorded in O.R. Book 4251, Page 1007 of the Official Records of Collier County, Florida, in order to remove the existing restrictions imposed by the Conservation Easement on the construction of boat slips or docks adjacent to the seawall currently encumbered by said Conservation Easement. 4. Paragraph 11 of the Settlement Agreement is amended as follows: [14-EIS-02636/l 170557/1] Words underlined are added;Words strucli4Hrough are deleted, [I4-EIS-02636/1160776/1] 4/14/15 Packet Page -2117- 4/28/2015 17.B. Entire Settlement Agreement. This Agreement contains the entire agreement between the parties and all prior or contemporaneous negotiations or representations are merged into this Settlement Agreement. This Settlement Agreement may not be amended or modified except in a written document signed by the parties Master Association and the County. 5. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Tim Nance, Chairman Approved as to form and legality: U1 4/04/t5 Scott A. Stone Assistant County Attorney WITNESSES (TWO) VILLAGES AT STELLA MARIS MASTER ASSOCIATION, INC. Print Name: By: Dan Truckey, President Print Name: (CORPORATE SEAL) [14-ES-02636/1170557/1j Words underlined are added,Words struck throug:are deleted. [14-EIS-02636/1160776/1] 4/14/15 Packet Page-2118- 4/28/2015 17.B. STATE OF ) ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20 , by Dan Truckey as President of Villages at Stella Maris Master Association, Inc., a Florida not-for-profit corporation, on behalf of the corporation. He is personally known to me or has produced (type of identification) as identification. Notary Public Printed Name My commission expires: WITNESSES (TWO) POI DEVELOPMENT, INC. Print Name: By: , President Print Name: (CORPORATE SEAL) STATE OF ) ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20 , by as President of POI Deveopment, Inc., a dissolved Florida corporation, on behalf of the corporation. He is personally known to me or has produced (type of identification) —as identification. Notary Public Printed Name My commission expires: [14-EIS-02636/1170557/11 Words underlined are added;Words straslrthreugh are deleted. [14-E1S-02636/1160776/1] 4/14/15 Packet Page -2119- 4/28/2015 17.B. OR: 4251 PG: 1013 PORTELLA & ASSOCIATES, LLC Land Surveyors Dennis M. Portella, Sr. PLS PHONE:239-775.8511 MAIUNG ADDRESS: FAX: 239-775-6455 2384 Unwood Avenue Email:Dportelta@aol.com Naples,Florida,34112 APRIL 30,2007 EXHIBIT "A" DESCRIPTION OF A 2.35 FOOT CONSERVATION EASEMENT AT STELLA MARIS TRACT M-1 A PARCEL OF LAND LYING AND BEING IN TRACT M-1, STELLA MARIS, AS RECORDED IN PLAT BOOK 26, PAGES 26 AND 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TRACT M-1, STELLA MARIS, AS RECORDED IN PLAT BOOK 26, PAGES 2. mug THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG •': '1, • '.ry -ki: rr .p TERLY LINE OF SAID TRACT M- 1, RUN S 00°19'08" W, A DISTA 4 %e- 0.60 F .` " . E WATERSIDE FACE OF AN EXISTING (1.35 FOOT WIDE) C• a SEAWALL; N•E WESTERLY, ALONG THE WATERSIDE FACE OF SAID CO 1 - 89° '1 ' W, A DISTANCE OF 61.76 FEET TO THE POINT OF B GI ► -( • i .14 •.• . „ire C'NSERVATION EASEMENT HEREIN DESCRIBED; THENCE :.',0 R% r ! •1 � ISIANCE OF 568.44 FEET TO THE SOUTHWEST CORNER OF S�d t OOy9 b�E :".1.W4....; THENCE NORTHERLY, CONTINUING ALONG THE WATT:IDE A . • D CgNC.. 7 SEAWALL, N 00°16'22" E, A DISTANCE OF 343.61 FEET To • •°OINT THAT I S C,4 H THE PROJECTION OF THE NORTH LINE OF SAID TRA1, STELLA • '•'' 1j �T `TT E EASTERLY, ALONG SAID PROJECTED NORTH UNE OF tr -1, STELLA E, A DISTANCE OF 2.36 FEET TO A POINT BEING 1 t'r•4• - 4-W785°49'58" . E LANDWARD SIDE OF SAID CONCRETE SEAWALL; THENCE SO ` • 1 W, A DISTANCE OF 341.44 FEET: THENCE EASTERLY, N 89°41'15" E. A DIST• • • 566.09 FEET; THENCE SOUTHERLY. S 00°18'45"W, A DISTANCE OF 2.35 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. CONTAINING 0.05 ACRES, MORE OR LESS. BEARING CONFORM TO THE EAST LINE OF TRACT M-1, STELLA MARIS, BEING S 00°19'08" W, PER PLAT IN PLAT BOOK 26, PAGE 26 AND 27. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Dennis M. Portetla, Sr. PLS#4504 Not valid unless signed and sealed with a raised embossed Florida Registered Land Surveyors'seal. Packet Page -2120- 4/28/2015 17.B. I OR: 4251 PG: 1014 N ,`� 44. cz: 4....."al, i 1 § F .., r x N 1 ( Z a 2 P ; N. a w r p t,ms 1 ' a 8 O i 0 p �� + 'fi t n:r W d g2 .8 Z�Z 1 .3$a O Z W N i Q o'�,. \ `s z�'L9t +� .90,64.00 S . co U g - W `' a'a arts me .'-�!'!�. 'ci 'i _. wc� o • I ' 7 Rio d� A 4 N H :� 0,4�27G,i z . /li t ttkoVV t w �fb tle, .\__....._____:7\40\ 05�*• i'2N , �' 1r 12 j vru V O VI ` CO o ZJ �`- gam \1 k .y+ �, \\, Q . 4_. f Ci _ 4 Y SI ''''''..---1. .;* ' :77- D --112c1 "-' . k tlEXti T-Ik-g-ts . Wg t? 18'0 eggwV 142 li ~ \\\. . KJ 0 Ile 1 < O w em-w45 Fit i 1 ,4.,;„..ig.,4,1'it 1 b .r 40,00g14,4; ri �, ,tr•l+f a ..ZZ.9 LOO S 7h r P b f le P U s t7� LLL[¢... Tvwwu'7+`w b 'k>r'i'i'.YSy LYi Gkh 4' g�`�'�`�.rS < } Mr£1 f 3 .M.91.00 N 4 mom ~ p 4 o�'a r"g a .T W r i '' yez IVNd3 NOINI1 YNYJ gg" 6 _ x • 1 Y7 o N (.1 _ g iIV V e 4 `O ils 4rO'tccu crtZAZ a:cMzeiAtgOli §g nrlif Packet Page -2121- ' 4/28/2015 17.B. i NAPLES DAILY NEWS K Wednesday, March 25,2015 (( 29D • NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday,.April 14, 2015:in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, Florida, the Board of County Commissioners (BCC) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: RESOLUTION NO.2015 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO VACATE THE 2.35-FOOT WIDE CONSERVATION EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 4251,PAGES 1007 THROUGH 1018,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,BEING A PART OF TRACT M-1, STELLA MARIS,AS RECORDED IN PLAT BOOK 26,PAGES 26 THROUGH 27,OF THE PUBLIC RECORDS OF COLLIER COUNTY,'FLORIDA, IN SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC-PL20140000235) A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: Alf persons wishing to speak on an agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is.encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective :public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the-record. . Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and .therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision _ of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami.Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the,meeting. Assisted listening 'devices for the hearing impaired are available in the Board of County Commissioners i Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA TIM NANCE,CHAIRMAN WIGHT E.BROCK,CLERK y: Ann Jennejohn . eputy Clerk(SEAL) arrh 25&April 1.2015 No.?052060 • Yt�. • • - Packet Page -2122- 4/28/2015 17.B. • 32D D Wednesday,April 1, 2015 )) NAPLES DAILY NEWS NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, April 14, 2015, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, Florida, the Board of County Commissioners (BCC)will • consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed,Resolution is as follows: RESOLUTION NO.2015-_ • A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA, TO VACATE THE 2.35-FOOT WIDE CONSERVATION EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 4251,PAGES 1007 THROUGH 1018,OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA, BEING A PART OF TRACT M-1, STELLA MAR1S,AS RECORDED IN PLAT BOOK 26,PAGES 26 THROUGH 27,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY,. FLORIDA. (PETITION VAC-PL20140000235) A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. •If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. • If you are a person with a disability who geeds any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain 'assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112=5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. • BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA TIM NANCE,CHAIRMAN DWIGHT E.BROCK,CLERK . . By: Ann Jennejohn iDeputy Clerk(SEAL) March 75&April 1.7015 No.2052060 • a • • • Packet Page-2123- 4/28/2015 17.B. 16A 9 EXECUTIVE SUMMARY Recommendation to approve a Settlement Agreement between POI Development, Inc., Villages at Stella Maris Master Association and Collier County regarding the construction of a private boat ramp to serve the Villages of Stella Maris OBJECTIVE: To have the Board of County Commissioners (BCC) approve a Settlement Agreement between POI Development, Inc., Villages at Stella Maris Master Association and Collier County regarding the construction of a private boat ramp to serve the Villages of Stella Maris. CONSIDERATION: In July 2003, County staff approved SDP 2002-AR-3364(Port of the Islands/Stella Maris III)with 10 spaces for boat/trailers and a private boat ramp. Staff approved the SDP but failed to check the SDP for compliance with the Manatee Protection Plan (MPP). Staff has applied the MPP in the Port of the Islands area to allow only a marginal wharf configuration for multi-family developments thus excluding any private boat ramps. (See the MPP Requirements section below for further discussion.) As a result of the applicant attempting to obtain a U.S. Army Corps of Engineers permit, the U.S. Fish and Wildlife Service in early May 2005, two years after approval of the original SDP, consulted with County staff for MPP consistency and was told by County staff that the proposed boat ramp was not consistent with the MPP. Once staff became aware of the boat-ramp issue,staff took the following actions: 1. Placed a hold on any building permits to construct the boat ramp.County inspectors posted a notice on site to insure that the contractor did not begin any construction of the boat ramp. 2. Required the engineer of record to amend the SDP to be an accurate as-built drawing, removing the boat ramp. Staff told the applicant in May 2005 to amend the SDP and offered to waive the review fee. 3. Informed the owner that it was a violation of his SDP to allow it to satisfy boat parking requirements from a different SDP. 4. Required the owner to submit an SDPI, amending the SDP to remove the boat ramp and include the marginal wharf that is permitted with the maximum boat slips that would fit along their shoreline. Staff agreed to waive review fees that would be required to remove the boat ramp from the documents. In August 2005, Environmental Services Department staff and staff from the County Attorney's office met with the Developer's attorney to discuss the issue in the context of a potential lawsuit. Staff is unaware of any further discussion of this matter until December, 2006 when a zoning letter request was received from a realtor regarding the denial of construction of the boat ramp. The realtor was concerned that the Developer was continuing to assure prospective owners at sales meetings that the ramp will be constructed and the purchasers were threatening a class action suit. Further meetings with the Developer in early 2007 led to the proposed Settlement Agreement. Packet Pare-2124- 4/28/2015 17.B. 1 6 A 9 Manatee Protection Plan Requirements, The full text of the MPP that addresses the Port of the Islands area is presented as Attachment I. Section 4.6.3 of the Manatee Protection Plan states that"multi-family residential docks should be restricted by allowing only marginal wharves along the waterfront of multi-family areas with no finger piers of"T"docks allowed." Staff has applied this provision to exclude boat ramps within the multi-family area since boat ramps are not listed as an allowed facility. (The reference to the boat ramp in the 4.6.2 refers to the existing ramp at the commercial marina.) The effect of marginal wharves is to limit the number of boats to that which can be located in a parallel configuration along the waterfront of the multi-family areas. Thus boat traffic in this area is limited to the number of boats that can be moored parallel to these waterfront areas. County staff and the developer agree that the number of boats allowed along this area in a marginal wharf configuration would amount to 39 boats. Effect of the Settlement Agreement The intent of the Settlement Agreement is to allow the construction of a boat ramp to service only those boats that would otherwise be allowed in a marginal wharf configuration. In this fashion,the County contends that the amount of boat traffic in this area would be commensurate to that of a marginal wharf configuration for this location thus meeting the intent of the Manatee Protection Plan. The provisions of the Settlement Agreement that ensures the County adheres to the intent of the Manatee Protection Plan include: • The boat ramp shall be used solely by Condominium owners and residents and shall not be open to guests of owners; • No more than 39 registered boat owners will have launching privileges from the boat ramp in order to limit the number of boats that would be generated from a marginal wharf configuration from the adjacent seawall now owned or controlled by the Developer or its affiliates; • The Developer shall impose a conservation easement acceptable to the County over the seawall that will prohibit the construction of boat slips or docks. FISCAL IMPACT: By entering this Settlement Agreement, the County receives protection from any actions the developer may take against the County relating to this issue. GROWTH MANAGEMENT IMPACT: This action is consistent with Conservation and Coastal Management Element Policy 7.2.1 since the provisions of this Settlement Agreement meet the intent of the County's Manatee Protection Plan for this area. LEGAL CONSIDERATIONS: This proposed Agreement was drafted and approved by the County Attorney's Office. -JAK RECOMMENDATION: That the BCC approve the attached Settlement Agreement between POI Development, Inc., Villages at Stella Maris Master Association and Collier County regarding the construction of a private boat ramp to serve the Villages of Stella Maris, PREPARED BY: William D. Lorenz.Jr.,P.E.,Environmental Services Department Director Packet Pare-2125- 4/28/2015 17.B. 16A 9 I Attachment 1 Manatee Protection Plan Excerpts Port of the Islands 4.6 Port of the Islands Port of the islands and the Faka-Union Canal contains the highest concentration of manatees in Collier County especially during the winter season. Because of the high concentration of manatees present in this area special consideration must be given for this location. Increased manatee awareness by both the resident and transient boaters is essential for protecting the manatees. The County should encourage the Port of the Islands Homeowners Association to adopt the following: 4.6.1 Port of the Islands should be required to include a manatee informational brochure in the closing documents of all real estate transactions on the waterfront. This brochure will include general information on manatees and how to spot them along with details of the POI speed zones and the maximum fine of$500.00 for violating these zones. 4.6.2 POI should incorporate a description of the speed zones and potential fines for violating these zones into the boat rental agreement to be signed by renters. Ramp users will also be required to sign a list stating they understand the speed zones and potential fines. 4.6.3 Shoreline development within the manatee sanctuary at Port of the Islands will be restricted as follows: 1. Single family residential docks should be restricted to one power boat slip per 100 feet of shoreline or increments thereof with one power boat slip allowed for single family property lots with less than 100 feet of shoreline. 2. Multi-family residential docks should be restricted by allowing only marginal wharves along the waterfront of multi-family areas with no finger piers of"T"docks allowed. 3.The commercial marina should be restricted to the total 175 slips currently permitted. If future demands exceed this number then additional slips may be permitted only after proving no further deleterious effects to manatees have occurred subsequent to the adoption of this plan. Packet Pare-2126- 4/28/2015 17.B. 4040273 OR: 4251 PG: 1007 RECORDED in OPTICIRL RECORDS Of COLLIER COURT!, PL 06/290147 at 49:1918 DIIOBT I. BROCK, CLERK SiC PEE 101.50 DOC-.70 .70 COPIES 12,00 Retc: TRIS INSTRUMENT PREPARED BY&RETURN TO: CLERK t0 MAID IE?iROPPICI CE 4Ta PLOOR 6 A 9 NAME: Andrew J. Wozniak, Esq. SIT 7240 J AODRFSS: Salvatori & Wood, P. L. 4001 Tamiami Trail N Suite 330 PARCELLD.Naples, FL 34103 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this 1 0th day of MA y ._, 20 n 7 , by [Name of Grantor] DOT na7P1 nr,manf, Trio (hereinafter [short name] Pr1T floup1ripmrant ), as Grantor, whose address Is [address of Grantor] 52RR Myrt 1 o r.anP, NAp1 Pg, FL 34111 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] POI Development 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"] 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 [Grantor] POI Development ; 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]_ POI Development , 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 conservation easement. Revised 10/14/05 1 Packet Pa:e-2127- 4/28/2015 17.B. OR: 4251 PG: 1008 16A9 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. Activities necessary and immediately incidental to the use of the boat ramp, including but not limited to temporary tying or securing of watercraft incidental to use of the boat ramp, shall be allowed within the easement area. Docking or mooring, either temporary or permanent, of watercraft, and installation of equipment used to secure watercraft,including but not limited to cleats,davits, and the like, shall be prohibited in the easement area, except for one(1)slip established exclusively for loading and unloading of boats authorized to use the boat ramp. 3. {Grantor] P01 Development, 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. S. 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. 2 Packet Pa:e-2128- 4/28/2015 17.B. OR: 4251 PG: 1009 16A9 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. Thls 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. 1.2. 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: WITHESSES: [NAME OF GRANTOR_ P rated Name: .Oil:, 4.A710 `/ 1 4,61 �C�� 2 may' By: `! Printed Name: JODI L HANES Revised 10/14/05 3 Packet Pare-2129- 4/28/2015 17.B. OR: 4251 PG: 1010 jh 9 J STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing Instrument was subscribed, sworn and acknowledged before me this ID Th- day of , 20.22_, by [authorized signor of GrarIfor, entityl Kann ia•Cplso�n , as [title]V1(LPrt'S(C1� for [entity]' I J . . 0 •-c'• • and who is. (J personally known to me or[ ]who produced as identification. NOTARY PUBLIC Printed Name: JODI L HANES My Commission Expires: sDa wins caluulssloN r�nzieo2a EKPIRES:July I.2 1 mnrd1I1."Pih Jn. .n Revised 10/14/05 4 Packet Pare-2130- 4/28/2015 17.B. OR: 4251 PG: 1011 16A 9 Acceptance by Grantee: ATTEST: :..,.. BOARD OF COUNTY COMMISSIONERS 8l O;K, Clerk COLLIER COUNTY, FLORIDA I. By: !, A /._,.,.∎ice-.• 'Deputy Cler g JAM OLETTA, CHAIRMAN Attest Ft tet. I 5isphstert i r Approved as to form and legal sufficiency: By: Je . W ght Ass stant County Attorney 5 Packet Pare-2131- 4/28/2015 17.B. OR: 4251 PG: 1012 16A 9 Ai PORTELLA & ASSOCIATES, LLC Land Surveyors Dennis M. Portella, Sr. PLS PHONE:239-7756511 MAIUNG ADDRESS: FAX: 239-775-6465 2384 Linwood Avenue Email: Dportella©aol.com Naples,Florida,34112 JUNE 11,2007 EXHIBIT "A" Parent Parcel Tract M-1, Stella Maris , according to the plat thereof, as recorded in Plat Book 26, Pages 26-27 of the Public Records of Collier County, Florida, Dennis M. Partelia, Sr. PLS#4504 Not vatid.unless signed,and sealed with a raised embossed Florida Registered Land Surveyors'seal. EX err . . Packet Pa:e -2132- 4/28/2015 17.B. 6 A i OR: 4251 PG: 1013 PORTELLA & ASSOCIATES, LLC Land Surveyors Dennis M. Portella, Sr. PLS PHONE:239-775-6511 MAILING ADDRESS: FAX: 239-7756465 2384 Linwood Avenue Email:Dportella©aol.com Naples,Florida,34112 APRIL 30,2007 EXHIBIT "B" DESCRIPTION OF A 2.35 FOOT CONSERVATION EASEMENT AT STELLA MARIS TRACT M-1 A PARCEL OF LAND LYING AND BEING IN TRACT M-1, STELLA MARIS, AS RECORDED IN PLAT BOOK 26, PAGES 26 AND 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TRACT M-1, STELLA MARIS, AS RECORDED IN PLAT BOOK 26, PAGES 26 AND 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE PROJECTED EASTERLY LINE OF SAID TRACT M- 1, RUN S 00°19'08" W, A DISTANCE OF 0.60 FEET TO THE WATERSIDE FACE OF AN EXISTING (1.35 FOOT WIDE) CONCRETE SEAWALL; THENCE WESTERLY, ALONG THE WATERSIDE FACE OF SAID CONCRETE SEAWALL, N 89°41'15" W, A DISTANCE OF 61.76 FEET TO THE POINT OF BEGINNING OF A 2.35 FOOT WIDE CONSERVATION EASEMENT HEREIN DESCRIBED; THENCE CONTINUE N 89°41'15" W, A DISTANCE OF 588.44 FEET TO THE SOUTHWEST CORNER OF SAID CONCRETE SEAWALL; THENCE NORTHERLY, CONTINUING ALONG THE WATERSIDE FACE OF SAID CONCRETE SEAWALL, N 00°16'22" E, A DISTANCE OF 343.61 FEET TO A POINT THAT INTERSECTS WITH THE PROJECTION OF THE NORTH LINE OF SAID TRACT M-1, STELLA MARIS; THENCE EASTERLY, ALONG SAID PROJECTED NORTH LINE OF TRACT M-1, STELLA MARIS, N 65°49'58" E, A DISTANCE OF 2.36 FEET TO A POINT BEING 1 FOOT EASTERLY OF THE LANDWARD SIDE OF SAID CONCRETE SEAWALL; THENCE SOUTHERLY, S 00°16'22" W, A DISTANCE OF 341.44 FEET; THENCE EASTERLY, N 89°4115" E, A DISTANCE OF 566.09 FEET; THENCE SOUTHERLY, S 00°18'45"W,A DISTANCE OF 2.35 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. CONTAINING 0.05 ACRES, MORE OR LESS. BEARING CONFORM TO THE EAST LINE OF TRACT M-1, STELLA MARIS, BEING S 00°19'08" W, PER PLAT IN PLAT BOOK 26, PAGE 26 AND 27. PUBLIC RECORDS OF COLUER COUNTY, FLORIDA. Dennis M. Portella, Sr. PLS#4504 Not valid unless signed and sealed with a raised embossed Florida Registered Land Surveyors'seal. EXHIBIT Packet Pare-2133- 4/28/2015 17.B. • OR: 4251 PG: 1014 1 6 A 9 o N Vl w te Q z Id r �a z t � n o g 3. J � � n_ W *W < �" ZW r .� i 0 it �� w Arr �_ �� cg z . 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INI 1 LL1 zoo o ut zn tit co i I m 4 _` m 0 Nt- g -0 .P -P.V w 11 v U F-' Z $ w ~I- l � _ w z a d 10 m m to tea, \\*\(1) el CN1 in Z ,�ti'li,C M „ZZ,9 1.00 S _ (IN 3113SV3 NOILVAa3SNO0 ,SE 7) 1 1 1 T1VM—Y3S '3NO3 40 3'JY4 30IS?13LVM — -- _._-- i .__,__._---- ._-. ,l9TVC 3 „ZZ,91.00 N IYNVO NOINfl V>IVJ Packet Pare -2138- 4/28/2015 17.B. Rata: 4040274 OR: 4251 PG: 1019 RIC FIE 52.9 CLIME TO TEE BOARD RECORDED le the anICIAL RECORDS of COLLIER COW!, FL CDPIIE b.00 IETERO//ICI 4TH FLOOR 06124/2007 at 04:1418 DEIGBT I. BROCK, CLERK EIT 7240 16A 9 1 SETTLEMENT AGREEMENT AND GENERAL RELEASE `� THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this Z(. of;1.„,, 2007, by and between POI Development, Inc., a Florida Corporation (the "Develop e?), Villages at Stella Maris Master Association, Inc., a Florida not-for-profit corporation("Master Association"), and Collier County,Florida,a political subdivision of the State of Florida(the"County"), WHEREAS Developer is the developer of the premises described as Exhibit A attached hereto(hereinafter referred to as the"Development")located at the Port of the Islands within the unincorporated area of Collier County,Florida, within which Developer is building a residential subdivision known as the"Villages at Stella Marls;"and WHEREAS the Developer's site development plan for the Stella Mans III (the "Condominium"),which included a boat ramp, was approved by the County on July 2,2003;and WHEREAS Developer entered into numerous contracts of sale for the Development based in part on the approval by the County that the Development would have a boat ramp;and WHEREAS Collier County rescinded its approval for the boat ramp; and WHEREAS the loss of the Boat Ramp may lead to purchasers rescinding their purchase agreements with Developer;and WHEREAS both parties agree that the intent of the Collier County Manatee Protection Plan is to limit the number of boats utilizing the Port of the Islands;and WHEREAS, to effectuate this intent, Developer is willing to grant the County a conservation easement over its seawall so that no boats will dock alongside the seawall, in exchange for the County permitting the use of a boat ramp that would service no more vessels that could have docked alongside the seawall in a marginal wharf configuration;and WHEREAS the County agrees that the presence of a boat ramp will not endanger the manatees provided that the number of boats using the boat ramp does not exceed the number of boats that could be docked alongside the seawall in a marginal wharf configuration;and WHEREAS the Developer has agreed that there will be no public access to this boat ramp, whose use shall be solely for the benefit of the residents of the Development;and WHEREAS the Site Development Plan provides parking spaces for ten(10)boat trailers; and WHEREAS the Developer and the County recognize that the rescission of these purchase agreements by Developer's buyers could lead to litigation between the parties and/or the purchasers, and that the costs and uncertainties of litigation and the unique facts and Protaw:noes Packet Pa:e-2139- 4/28/2015 17.B. OR: 4251 PG: 1020 16A 9 circumstances surrounding this matter and have agreed to settle any and all of the Developer's claims and any and all other claims,known and unknown between the parties; NOW, THEREFORE, in consideration of the foregoing premises and the following mutual promises (the receipt and sufficiency of such consideration being acknowledged by all parties),the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Denial of Liability. No party is admitting wrongdoing, fault,or liability of any nature by entering into this Agreement. 3. Attorneys' Fees. All parties shall pay their own attorneys' fees and costs associated with this matter. 4. Release of All Claims as Against the County. Except for any breach of this Settlement Agreement, the Developer, hereby releases, acquits, satisfies, and forever discharges the County, (including any and all employees, officers, directors,heirs, successors, assigns, legal representatives, attorneys and agents of the County) of and from any and all, and all manner of action and actions,cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity,which the Developer ever had,now has, or which any personal representative, successor, heir or assign of the Developer, hereafter can, shall or may have involving or relating to the boat ramp, for, upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of this Agreement. 5. Release of All Claims as Against the Developer. Except for any breach of this Agreement, the County,hereby releases, acquits, satisfies,and forever discharges the Developer, (including any and all employees, officers, directors, heirs, successors, assigns, legal representatives, attorneys and agents of the Developer) of and from any and all,and all manner of action and actions,cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages,judgments, executions, claims and demands whatsoever, in law or in equity, which the County ever had, now has, or which any personal representative,successor,heir or assign of the County, hereafter can,shall or may have involving or relating to the boat ramp, against the Developer, for,upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of this Agreement. 6. Boat Ramp. The County agrees to approve the boat ramp as specified in the site development plan and to issue permits for construction of the same upon Prolaw:79069 2 Packet Pa:e-2140- 4/28/2015 17.B. OR: 4251 PG: 1021 16A 9 1 application by Developer,and receipt of all required agency permits. The County further agrees to communicate its approval to the U. S. Fish and Wildlife Service and any other applicable governmental agencies within seven (7)days of the date of this Agreement. The Developer agrees that the boat ramp shall be used solely by Condominium owners and residents and shall not be open to the public or guests of owners.Further,only boats owned by a condominium owner or resident may use the ramp. The County and Developer agree that a marginal wharf configuration for Stella Maris III could yield a maximum of 39 boats not bigger than twenty-two foot overall length. The approved site plan limits on site storage to no more that 10 boats and trailers. Based on these limitations, the Developer agrees to identify and register with the County no more than 39 boats with a maximum overall length of 22 feet. Ten of those 39 registered boats may be stored on site in the boat trailer parking lot The 39 registered boats shall be the only boats to have launching privileges from the boat ramp. The registration system shall include a list of boats, registration numbers and owner's contact information. All registered boats shall have an identification decal permanently affixed to the transom of the boat. Developer does not presume that either this Agreement or the Site Development Plan provides for a one-for-one boat to condominium unit relationship. If the provisions of this paragraph are not adhered to by either the Developer or the Master Association, then the County shall have the express right to close the boat ramp until such time as Master Association acts in compliance hereof. The Master Association agrees that it shall strictly enforce the restrictions contained in this paragraph. 7. Conservation Easement, Developer shall impose as a conservation easement acceptable to the County over the seawall depicted in the sketch attached hereto as Exhibit A, providing in pertinent part that no boat slips or docks shall be constructed thereon. Developer shall cause said conservation easement to be recorded within three (3) business days of County fully performing all of its obligations under the provisions of Paragraph 6 hereof. 8. Execution of Other Documents. The parties agree that they will execute any other documents as are necessary to effectuate or to carry out the intent of this Agreement. 9, Governing Law and Venue. This Agreement and all other documents executed in connection with this Agreement shall be governed by and interpreted under Florida law. The sole and exclusive venue for any litigation between the parties arising out of or related to this Agreement or any documents executed in connection with this Agreement shall be in the Circuit Court in and for Collier County,Florida. The Settlement Agreement is the joint product of the Developer and the County and shall not be construed against either party as the drafter. 10. Enforceability. In the event that any provision of this Settlement Agreement is found to be void or unenforceable by a court of competent jurisdiction, the remaining provisions, in whole or in part, shall continue to be enforceable to the Prolaw:79069 3 Packet Pare-2141- 4/28/2015 17.B. OR: 4251 PG: 1022 16A 9 1 greatest extent allowed by law and to the same extent as if the void or unenforceable provision were omitted from this Agreement. 11. Entire Settlement Agreement. This Agreement contains the entire agreement between the parties and all prior or contemporaneous negotiations or representations are merged into this Settlement Agreement. This Settlement Agreement may not be amended or modified except in a written document signed by the parties. 12. Execution. Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners.This Agreement shall be recorded by the County in the Official Records of Collier County,Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. 13. Review. Developer and Master Association will grant County, on request, access to the Development to conduct periodic reviews and audits of performance under this Agreement as may be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement. If the Collier County Board of Commissioners finds,on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement,the Agreement may be revoked or unilaterally modified by the County. 14. Applicability. This Agreement shall be binding on Developer's successors, heirs, and assigns. Further, this Agreement shall be binding on the Condominium Association's successors,heirs,and assigns. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Prolaw:79069 4 Packet Pare-2142- 4/28/2015 17.B. OR: 4251 PG: 1023 16A 9 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their appropriate officials,as of the date first above written. Attest: :. BOARD OF COUNTY COMMISSIONERS DWIGI E.. RQCI}; 1er COLLIER COUNTY,FLORIDA • •By y By: V Iftttt Ji'/nf r Attest es to-.Chtireien,•• ty Clerk JA✓ ' • , H- i' AN sipt►atUr i i1. AS TO DEVELOPER: (corporate seal) WI ESSES: POI DEVELOPMENT, INC., a Florida Co ..ration f A .c%I__ By: �[ AIL rint ame: 1.,hr a K 61 a r ku 1,4. !} K i C. s.'cs Vice-'resi•ent Villages at Stella Maris Master Association, Inc. Print Name:_j4 L..t77-3i P Print e: Ka n STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 13 , day of funJ. 2007, by Kari Colson,as Vice-President of POI DEVE OPMENT,INC., who is personally> , � known to me or has produced as dentification. 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