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Agenda 05/12/2015 Item #17B Proposed Agenda Changes Board of County Commissioners Meeting May 12,2015 Add On Item 11A: Recommendation that the Board declares a public emergency with respect to bridge repairs needed for bridge number 030137 on CR-846 indentified by the recent Florida Department of Transportation (FDOT) inspection, approve installation of vehicle restriction signs,waives the Purchasing Ordinance in the best interest of the County and authorize staff to proceed with a design-build temporary bridge repair with a vendor that can complete the work on the most expedited schedule. (Staff's request) Move Item 17A to Item 9E: 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. A recommendation to consider an Ordinance amending Ordinance Number 2004-41,as amended,the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Estates(E)zoning district to a Residential Planned Unit Development(RPUD)zoning district to be known as the Avalon of Naples RPUD to allow a maximum of 160 multi-family residential dwelling units,or 82 single-family residential dwelling units.The subject property,consisting of 22.83± acres, is located in the southeast quadrant of the intersection of Davis Boulevard (SR 84)and County Barn Road in Section 8,Township 50 South, Range 26 East, Collier County, Florida,and by providing all effective date IPUDZ-PL201 40001 1 791. (Commissioner Henning's request) Move Item 17B to Item 9F: This item has been continued from the April 14, 2015 BCC meeting, then again from the April 28, 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- 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. (Commissioner Hiller's request) Note: Item 16E6: Please note that the new contract for Fleet parts is scheduled for Board action on the May 26,2015 BCC agenda. Time Certain Items: Item 9A to be heard at 9:30 a.m., immediately followed by Companion Item 9B Item 9E to be heard immediately following Item 9B _9/13/201,2:02 PM 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, to allow angled boat docks along the seawall in the Port of the Islands. CONSIDERATIONS : Petition VAC-PL20140000235 has been received by the Development Review Division, Growth Management Department, from Villages of Stella Maris Master Association, Inc., 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 III site development plan in 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 (MPP) 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 boats than could have docked alongside the seawall in a marginal wharf configuration, which County staff opined which was consistent with the intent of the MPP. A copy of the Executive Summary for the original Settlement Agreement is attached hereto. Packet Page -1334- 5/12/2015 17.B. 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 in place of the previously contemplated boat ramp. County staff and the owner agree that the intent of the MPP will be preserved by allowing the construction of boat docks to accommodate 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. The MPP limits the docks in the Port of the Islands area to a marginal wharf configuration. The owner, however, would like to construct the docks in an angled, non-marginal wharf configuration. The intent of the requirement for the marginal wharf configuration in the MPP is to limit the number of boat slips in proportion to the length of available shoreline; there was no intent to limit protrusions into the waterway. As such, it does not matter whether the boats are parallel or angled, as long as there is a limit on the total number of boat slips. A non-marginal wharf configuration has also previously been approved in Port of the Islands for another nearby development, Sunrise Cay II, through BCC approval of Settlement Agreement ADA-2008-AR- 14059 (Agenda Item 17E, September 15, 2009 BCC Meeting). In the case of Sunrise Cay II, it was decided that the intent of the MPP could be met if the applicant and the County were willing to enter into a settlement agreement. The agreement limited the number of boat slips to no more than would be allowed by the application of the marginal wharf criteria, but in an alternate configuration. Therefore, the alternative non-marginal wharf docking configuration of Stella Maris will be treated in similar fashion to that of Sunrise Cay II by specifying a maximum number of boat slips. 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 the above mentioned non-marginal wharf 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. The Environmental Planning Section has reviewed the Settlement Agreement amendment and recommends approval. FISCAL IMPACT : Growth Management Department, Planning and Regulation 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 : The settlement agreement has been reviewed against Objective 10.1 and Policies 7.2.1 and 7.2.3 of the Conservation and Coastal Management Element within the Collier County Growth Management Plan and found to be in compliance Packet Page -1335- 5/12/2015 17.B. because the provisions of the Settlement Agreement amendment meet the intent of the County’s Manatee Protection Plan for this area. L EGAL 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) 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; and 3) direct 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, Planning and Regulation Attachments: 1) Resolution w/exhibits, 2) Settlement Agreement Amendment, 3) Original Settlement Agreement 16A9, 4) Settlement Agreement Executive Summary, 5) Conservation Easement. Packet Page -1336- 5/12/2015 17.B. Packet Page -1337- 5/12/2015 17.B. Packet Page -1338- 5/12/2015 17.B. Packet Page -1339- 5/12/2015 17.B. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.B. Item Summary: This item has been continued from the April 14, 2015 BCC meeting, then again from the April 28, 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-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: 5/12/2015 Prepared By Name: BermanMarcus Title: County Surveyor, Development Review 5/4/2015 9:25:16 AM Submitted by Title: County Surveyor, Development Review Name: BermanMarcus 5/4/2015 9:25:17 AM Approved By Name: PuigJudy Title: Operations Analyst, Operations & Regulatory Management Date: 5/4/2015 10:26:57 AM Name: HouldsworthJohn Title: Site Plans Reviewer, Senior, Development Review Date: 5/4/2015 10:34:51 AM Name: McLeanMatthew Title: Project Manager, Principal, Development Review Packet Page -1340- 5/12/2015 17.B. Date: 5/4/2015 11:11:09 AM Name: LorenzWilliam Title: Division Director - CDES Engineering Svc, Natural Resources Date: 5/4/2015 1:21:23 PM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 5/4/2015 2:08:28 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 5/4/2015 4:21:26 PM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 5/4/2015 4:52:33 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/4/2015 4:53:26 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 5/4/2015 4:58:52 PM Packet Page -1341- 5/12/2015 17.B. Packet Page -1342- 5/12/2015 17.B. Packet Page -1343- 5/12/2015 17.B. Packet Page -1344- 5/12/2015 17.B. Packet Page -1345- 5/12/2015 17.B. Packet Page -1346- 5/12/2015 17.B. Packet Page -1347- 5/12/2015 17.B. Packet Page -1348- 5/12/2015 17.B. Packet Page -1349- 5/12/2015 17.B. Packet Page -1350- 5/12/2015 17.B. Packet Page -1351- 5/12/2015 17.B. Retn: 4040274 OR: 4251 PG: 1019 5/12/2015 17.B. CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER CONTI, FL wriaa u.vv IETEROFFICE 4TH FLOOR 06/29/2007 at 09:19A11 DWIGHT B. BROCK, CLERK II? 1240 SETTLEMENT AGREEMENT AND GENERAL RELEASE THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this 6 of 2007, by and between POI Development, Inc., a Florida Corporation (the "Develope )t' , 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 Maris;" and WHEREAS the Developer's site development plan for the Stella Maris 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 Cott*tI I) vvlgpment would have a boat ramp; and WHEREAS Collier Counts escinded its approval'fc -the\boat ramp; and WHEREAS the loss of the Mat Ramp.may'lead to pukchasers rescinding their purchase agreements with Developer;and r ,' , ;, � 57i l WHEREAS both p re fiat tie iut4lt of the;Co)lier, County Manatee Protection Plan is to limit the number of,h is utilizing the Port`gf the`lslan and WHEREAS, to effecti \this intent, Developer.,.'ts willing to grant the County a conservation easement over its'sea** so that no boats, 14`dock alongside the seawall, in exchange for the County permitting-the sec f a,130taktatnv'that would service no more vessels that could have docked alongside the seawail'in, Maigitial 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 Prolaw: 79069 Packet Page -1352- 011: 4251 Dr-. 1119n 5/12/2015 17.B. 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, thi\12,(KvelOoti. hereby releases, acquits, satisfies, and forever discharges .01161di't y and all employees, officers, directors, heirs, su gc4ssors, assigns, legal representatives, attorneys and agents of the County) of Rind from any-end all, and all Manner of action and actions, cause and causes of`action,`suit debts, dues sums'pf money, accounts, reckonings, bonds, billsi/ speei es, overt s',.,vVco it ts, controversies, agreements, promises, variankest tre p sses, is age. ; thmerts, executions, claims and demands wha o er ir) „ u eq ity, whi4h e4eveloper ever had, now has, or which any personal representative;.successor/heir or assign of the Developer, hereafter can, Sha or may have invol g or rel i g to the boat ramp, for, upon or by reason of any'matter, cause or thing whatever, from the beginning of the world to the day of this'Agreement ` 5. Release of All Claims aS Ag ist t t `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 Page-1353- OR 4251 Dr-. 5/12/2015 17.B. 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 bQat.*..._,Developer does not presume that either this Agreement or the Site pkv1043MerVIan provides for a one-for-one boat to condominium unit t ti ship If the'p 3visions of this paragraph are not adhered to by eithgethe Developer or the<lvl sister Association, then the County shall have the;express-right-.to close the boast ramp until such time as Master Association acts in conW ce iereof The Master Association agrees that it shall strictly enforce the,restricp i if, a raph. r° \If e4'�1 ' ,{ d o k 3 7. Conservation? E rri,e o e' shall i po as a conservation easement acceptable to the ounty�over the seawall depictedi4 the sketch attached hereto as Exhibit A, prOslirig in pertinent p t that nth Moat slips or docks shall be constructed thereon\, Developer shall cause`said conservation easement to be recorded within thrcea(�11 business days ,f# County fully performing all of its obligations under the prow si s of p#400 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 Page -1354- OR; 4251 P('' 1022 5/12/2015 17.B. 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 con400erg reviews and audits of performance under this Agreement as rna) b performed~tb'y t Ye, County to determine whether or not there has been de,09nstrated good faith<ctit pliance with the terms of this Agreement. If the Collier--County Board of Comrr'r sioners finds, on the basis of substantial competent evidencex that there has teen'a failure to comply with the terms of this Agrecmeurti e ent., beirevc ked or unilaterally modified by the County. a x [ 1 : g :.., ,.�` f 1 \ f--,\ Irk "db\, `,.r 1 ' ' i-- ! 14. Applicability 'This Agreement shall lie bin&ng,onl eveloper's successors, heirs, and assigns Fat her, this Agreement ' .hatt be::-,-binding on the Condominium Association's successors, heirs, and assigns. F. , \--r'` REMAINDER 'P� INS TIDALLY LEFT BLANK SIGNA� E"1'A =TO FOLLOW Prolaw: 79069 4 Packet Page -1355- OR 425 ". 18" 5/12/2015 17.B. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. ‘, 1: • p...•" Attest: "‘, . (.1. BOARD OF COUNTY COMMISSIONERS E..IiIROCIc CI* COLLIER COUNTY, FLORIDA . . . • , . ./(4,/ • By 6 ,•— • By: Attest as 0..041mm, ty Clerk JA.,, • • , HA • AN Signature 4;tilli AS TO DEVELOPER: (corporate seal) WI ESSES: POI DEVELOPMENT, INC., a Florida Co oration / 1 • 42,-A // Mtd nnt ame: . rr. 6 - . _ ••‘, ,Co so-, as Vice- resioent Villages at Sielitivlaris Master Association, Inc. 'Noe 11 7,1 Print Name: ,r4 L. /#=4)12-'1' ( 1);Oat ‘K n /(4 r„ STATE OF FLORIDA \ COUNTY OF COLLIER The foregoing instrument was acknowledged before nrie.,tf0,16 , day of 2007, by Kari Colson, as Vice-President;orPOI-DENICOPMENT, INC., who is personally known to me or has produced d T • - J:as enti ication. WITNESS my hand and official seal this /3 •il:y of , 2007 alr • . o • Public NOTARY RUBBER STAMP SEAL - OR EMBOSSED SEAL ' DEBRA K BLACKWELL Printed N EXPIRES A ;tie Bonded Trim N Ota rtylpit26u 2009 s,, Commission No. Expiration Sate Appsive, • o A i and be Jeffre A. Klatzk ; Managing Assis t County Attorney Prolaw: 79069 5 Packet Page-1356- *** OR; 4251 D( . 1(OA *** 5/12/2015 17.B. . v II 0 0 Ei N cn 118IHX3 a i ■ . I N 0 §1 ° i ,~ cc° a < 4- J z 0 W •�� F^y J v N wH Sao' W i i R 1 a � o�� -1.(') 4' ti ■ aS ;o v sip N Irma 'I-1W% , 1.. '^ z °M IT':i Od .d ;E z 3 ` . . 1 aW ,oZ a m Nsiih. . x Yu ^S a. `Q m x cao 47.-- :: < t � < t J \ii . ,A °'�:� ? l � fN rii:pox,stitlh� i a a g TlaX M • � of m N . yi, -.g,,,,.. tiw. .E vfe .r,-3i„,4.,c2 , d'.' zi I \. \144\ - - 'IN m . co co pJpllhIp O N w 1 1 i P TiM: 414h 11W Wm , 0 2g§agu4Kew" Or . Eg 2r. lr: g es z......___ ,9CZ1f£ -ma. ?11 qqp�2iq c�vI aYrwni M zzA x.00 S F a b 5 ,t 9.£11 rrs-r 35 b!8 #�v 3algakvs 3 ,ZZ,91.00 N : _ 5 N, m z a 5 Q N 1 1'NVO NOINfl <O�� O cl " 4 ` EB . Ogig§4 NigfWg %1/ Packet Page -1357- I ry § °�I 1X0gbh am 1 4040273 OR: 4 5/12/2015 17.B. RECORDED in OFFICIAL RECORDS UL WLL1DR WUIU, no 06/29/2007 at 09:19AI DWIGHT I. BROCE, CLIME RIC FEE 103.50 DOC-.70 .70 COPIES 12.00 Retn: CLIRI TO THE BOARD THIS INSTRUMENT PREPARED BY&RETURN TO: IWTEROFFICE 4TH FLOOR NAME: Andrew J. Wozniak, Esq. IIT 7240 ADDRESS: Salvatore & Wood, P. L. 4001 Tamiami Trail N Suite 330 PARCEL ID. Naples, FL 34103 SPACE ABOVE THIS LIVE FOR PROCESSING DATA I SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this 10th day of May , -2Q, - „-=, by [Name of Grantor] PMT nave l opmen t, T nC \ -- ,,,,',1, °� (hereinafter [short name] PMT nPvii1i-ment ), as'- Gi-aritor, whose address is [address of Grantor] ;-■ - _ . - , _ . �� to Collier County, r' _ ,._. Florida, � ;p�liticai --sub¢iyision 'bf the State of Florida (hereinafter "Collier County` or "Grantee`) Grahtor anii Grantee may hereafter be collectively referred to as t¢(ie parti s:l' `,i '' „ , , r} E `t i ,i 4 1 I 1 ,..i .... 1 1 it WHEREAS, Gra tor�ll � °� � ..i the owner of that certain tract of land lck d in Collier Counj7 t ,LFlor;ida, deStribed in Exhibit "A" [include a Plat Book ar tl' Page reference "i cExhtb t"'"A"] attached hereto (hereinafter referred to as'the"property"); and i WHEREAS, Collier County..i ,regw'ing,tba - 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 Page -1358- 011; 4251 D( . l nnO 5/12/2015 17.B. 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 establ'ished._exclusively for loading and unloading of boats authorized to use the boat ramp \ ] 04,';' ,„,, ,N. ;,:, 3. [Grantor] POI Development, its heirs, susors or assigns shall bear the responsibility for maintaining''thef Easement_Prope ty, inc dirt,, but not limited to regular maintenance as may be required ti'ir"ate governmental agency having jurisdiction relative thereto. The Easement Prop Thal t,� -1-.?e'hain'tained in accordance with applicable requirements of the IierCu ty . ,)JeetrrrlentCode. ! _ I . ) 4. No right of access,by the general public to an part it the Easement Property is being conveyed. Collier C unty shall have the ri t access and use of the Easement property for the purpose of akipg inspections; vet;-Collier County shall have no obligation to maintain the Easem rit,Property, nor sheltSoifier County have the right to use the Easement Property for any spu'fposa incansisfi t 'ith the terms of this Conservation Easement. -- / /E , `IV,—. 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. 2 Packet Page -1359- OR. A') nn. i nnn '!L• 5/12/2015 17.B. •9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be atthe reasonable discretion of Grantee, and any forbearance on behalf of Grante`e�t4° iter(c t rghts hereunder in the event of any breach hereof by Granntgrg-shalt not be creel ed construed to be a waiver of Grantee's rights hereunder~.' ,, , ,\ 13. The terms and condi iofs;ofd this Conservation Easement may be enforced by the GrOteey bil jinctive `an ier `appropriate available remedies, and Grantor cc sOnts thO t the wei Su h`°enforcement actions shall lie exclusively in the CirC1t & wt o ,:t�#`,TW eth j.Udlcial;Circuit in and for Collier County, Florida. In�,an , enforcement act10 in whrc ,the Grantee prevails, Grantee shall be entiti' ' e p recover reasonab aorie ' fees and costs in the trial and appellate courtsrf1rr,.addition to the cost of restoring the land to the natural vegetative and hydrrototliccondition exists at/the time of execution of this Conservation Easement 4:r- p� ' f'vegetative state required for a development permit. These rernedr a I Taddition 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: BO � 4 1-Ac.,ESSES: [NAME OF GRANTOR I/i 4 / . .11 .. f.'1 P inted Name: b a _- _ ( d I' Ur By:: • �� Printed Name: JODI L HANES Revised 10/14/05 3 Packet Page -1360- OR• A')r' "m. 'Ain • • 5/12/2015 17.B. STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was subscribed, sworn and acknowledged before me this i© day of Mal- , 20 07 , by [authorized signor 4 of • Gran,to"r� entity] Kan n V\- Colson , as [title] UIC.f,i• Calf for [entity]c=01_ J-e_\oer1n-crlr Inc . , and who is-K] personally known to me or [ ] who produced as identification. NOTARY PUBLIC Pkfnted,Name: JODI L HANES My Commission Expires: 0,..,2.-- � � ►rw i • r/ \ i( 4� \ f ,'.M MY C0M S I N 11 g022,6!,5 21x:-..: � S` s \ C Vk,1 EXPIRE S1 JYc� \ ' 1 j Darold lu s. E y si�...y � . 7 -,' k \ f ! 4 �, y jfr '' lir C Revised 10/14/05 4 Packet Page -1361- OR; 425' "". t"" 5/12/2015 17.B. Acceptance by Grantee: ATTEST: ._ BOARD OF COUNTY COMMISSIONERS DWIGHF"E.;.ik/OK, Clerk COLLIER COUNTY, FLORIDA ',Deputy Clerg JAMEY OLETTA, CHAIRMAN Attest as'tai 1 s Signature oniti Approved as to form and legal sufficiency: By rr ipy Je . W"•ght �,' E ,\ Ass stant County Attorh - -,._ \ \. '' 5 Packet Page -1362- OR; 4251 „^. '^'^ 5/12/2015 17.B. PORTELLA & ASSOCIATES, LLC Land Surveyors Dennis M. Portella, Sr. PLS PHONE:239-775-6511 MAILING 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. Portella, Sr. PLS#4544 Not valid}.unless signed:and sealed with`a raised") \ N embossed Florida Registered Land .d Surveyors' keel., � "-�` • ri Packet Page -1363- 0R: 4251 Dr. 11111 5/12/2015 17.B. PORTELLA & ASSOCIATES, LLC Land Surveyors Dennis M. Portella, Sr. PLS PHONE:239-775-6511 MAILING ADDRESS: FAX: 239-775-6465 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.ANR FPF,THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE 'ED, ASTERLY LINE OF SAID TRACT M- 1, RUN S 00°19'08" W, A DISTANCE l'OPF-0.60 FEE-VT6'THE WATERSIDE FACE OF AN EXISTING (1.35 FOOT WIDE) CONCRETE SEAWALL; THENCE WESTERLY, ALONG THE WATERSIDE FACE OF SAID CONCRETE SEAWALL, N 89° 1'15" W, A DISTANCE OF 61.76 FEET TO THE POINT OF BEGINNING Q A .35 FOOT_WIDE CONSERVATION EASEMENT HEREIN DESCRIBED; THENCE CO N N 1:10f,41.10; , A ISTANCE OF 568.44 FEET TO THE SOUTHWEST CORNER OF SAAIL CO CRETE WALL; THENCE NORTHERLY, CONTINUING ALONG THE WATERSIDE'FACE FFSAID 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 TRACTT'1 -1, STELLA MAW* THENCE EASTERLY, ALONG SAID PROJECTED NORTH LINE OF TRAO 'M-1, STELLA MARL f,`N°"85°49'58" E, A DISTANCE OF 2.36 FEET TO A POINT BEING 1 FAT` TERLY OFSHE LANDWARD SIDE OF SAID CONCRETE SEAWALL; THENCE SOUTHERLY, S 00 96:22" W, A DISTANCE OF 341.44 FEET; THENCE EASTERLY, N 89°41'15" 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 COLLIER COUNTY, FLORIDA. Dennis M. ortella, Sr. PLS#4504 Not valid unless signed and sealed with a raised embossed Florida Registered Land Surveyors' seal. EXHIBIT Packet Page -1364- OR: 425 1 Ur• 11114 5/12/2015 17. ,. B. i r x o r N g cc .44 O A. N Z Q Q ZU C 81 "A I yy,V N 1 W II 7 ,,, S o °S.- QQ W V '� • n� w ZMO< c0.51-' ZW '• 33 4 < �_J 44. 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Pr) Z ,— ,ii7.L'i72 M aZZ191-00 S .-- 0.N31`13SV 3 NOU.VA8 3SNO0 $£-Z) - - .- -. •- I TIVM—V 3S '31•100 JO 33\13 301SelaLVAI i l 9T-17C 3 „ZZ,91-00 N 1VNVO NOINfl VNVJ Packet Page -1369- 41111111■•• 4 . 5/12/2015 17.B. NAPLES DAILY NEWS « Wednesday, March 25,2015 (( 29D i 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: 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 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 Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA TIM NANCE,CHAIRMAN WIGHT E.BROCK,CLERK . y: Ann Jennejohn eputy Clerk(SEAL) arrh 25 8 April 1 7015 No.2057060 • a • Packet Page-1370- 5/12/2015 17.B. • 32D 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 PUBUC 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: 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 25&April 1 7015 No 2057060 • Packet Page -1371-