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Agenda 05/26/2009 Item #17D Agenda Item ~'Jo. 170 May 26, 2009 Page 1 of 18 EXECUTIVE SUMMARY Recommendation to approve Petition AVESMT-2006-AR-10989, 191 Bayfront Drive, to disclaim, renounce and vacate the County's and the Public's interest in a certain Conservation Easement, created by Collier County Resolution No. 90-416, and recorded in the Public Records of Collier County at O.R. Book 1551, Pages 2211 through 2221, over a portion of Lot 31, Bayfront Gardens, a subdivision as recorded in Plat Book 14, Pages 114 through 117, of the Public Records of Collier County, Florida, situated in Section 6, Township 48 South, Range 25 East, Collier County, Florida, and to accept a replacement Conservation Easement located on the same parcel OBJECTIVE: To adopt a resolution vacating a certain Conservation Easement, created by Collier County Resolution 90-416, and recorded in O.R. Book 1551, Pages 2211 through 2221, over a portion of Lot 31, Bayfront Gardens, a subdivision as recorded in Plat Book 14, Pages 114 through 117 of the Public Records of Collier County, Florida, situated in Section 6, Township 48 South, Range 25 East, Collier County, Florida, and accepting a replacement Conservation Easement located on the same parcel. -, CONSIDERATIONS: Petition AVESMT-2006-AR-10989, 191 Bayfront Drive, has been received by the Engineering and Environmental Services Department from Richard Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., as agent for applicant property owners Peter and Helga Notel. Applicants are requesting the vacation and relocation of a Conservation Easement to resolve certain permit issues. The relocation is actually the third position of the Conservation Easement, the original area created by plat and relocated to the second location by Collier County Resolution 90-416. All staff concerns have been addressed, and staff recommends approval. A letter of objection dated July 28, 2006, had been received from Mark J. Price, Esq., of Roetzel & Andress, P.A., as counsel for Mary Ann Gibson, owner of property at 195 Bayfront Drive, however, a letter rescinding that letter signed by Mary Ann Gibson of 195 Bayfront Drive, dated April 8, 2009 indicates that, after additional review of the vacation request, she now has no objection. All other letters of no objection have been received from applicable divisions/entities. FISCAL IMPACT: Engineering and Environmental Services Department staff has collected a $1,000 "Petition to Vacate" fee from the applicants, which covers the County's cost of recording and processing the Petition. - GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. Item No, 17D rv1ay 26, 2009 Page 2 ,)( 18 ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. lEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution and associated legal documents. This item is quasi-judicial, requires a simple majority vote, and ex parte disclosures are required. There are no outstanding legal considerations, and this item is legally sufficient for Board action. -JW RECOMMENDATIONS: That the Board adopt a Resolution relating to Petition A VESMT -2006-AR~ 10989, vacating the Conservation Easement created by Collier County Resolution 90-416, and filed in OR. Book 1551, Pages 2211 through 2221, over a portion of Lot 31, Bayfront Gardens, a subdivision as recorded in Plat Book 14, Pages 114 through 117 of the Public Records of Collier County, Florida, situated in Section 6, Township 48 South, Range 25 East, Collier County, Florida, and accepting a replacement Conservation Easement located on Lot 31. Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to record a certified copy of the Resolution in the Public Records. PREPARED BY: Stephen A. Higgins P.S.M., Land Surveyor Engineering and Environmental Services Department Item Number: Item Summary: Meeting Date: Page] of2 Agenda Item No, 170 May 26, 2009 Page 3 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17D This Item requires 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 Pelition AVESMT -2006-AR-1 0989, 191 Bayfront Drive, to disclaim, renounce and vacate the Countys and the Publics interest in a certain Conservation Easement. created by Collier County Resolution No. 90-416. and recorded in the Public Records of Collier County at O.R. Book 1551. Pages 2211 through 2221, over a portion of Lot 31, Bayfront Gardens. a subdivision as recorded in Piat Book 14, Pages 114 through 117, of the Public Records of Collier County, Florida, situated in Section 6, Township 48 South, Range 25 East, Collier County, Florida. and to accept a replacement Conservation Easement located on the same parcel. 5/26/2009900.00 ArVl Prepared By Stephen Higgins Community Development & Environmental Services Surveyor Date COES Engineering Services 5/1/20093:22:54 PM Approved By Nick Casalanguida Transportation Services MPO Director Date Transportation Planning 5/4/2009 B:15 AM Approved By Jeff Klatzkcw County Attorney County Attorney Date County Attorney Office 51412009 11: 56 AM Approved By Gera!d Kurtz Transportation Services Senior Engineer Date Stormwater Management 51111200911:52 AM Approved By Judy Puig Community Development & Environmental Services Operations Anaiyst Date Community Development & Environmental Services Admin, 5113/20099:34 AM Approved By William 0, Lorenz, Jr., P,E, Community Development & Environmental Services Environmental Services Director Date Environmental Services 51-. 3/2009 12:03 PM Approved By Jeff Wright County Attorney Assistant County Attorney County Attorney Office Date 5113/2009 1 :20 PM Approved B}' Joseph K. Schmitt Community Development & Environmenta! Services Community Development & Envlronmentai Services Adrninstrator Date Community Development & Environmenta! Services Admin, 5/13/2009 4 :44 PM file://C:\AQendaTest\Exnort\ 1 10-MayOIc,202h.%202009\ 17,%20S1 JMMA RY%20AGFNDA \" S/)0!7009 Page 2 of 2 i\genda Item ~~o, 170 fv1ay 26, 2009 Page 4 of 18 Appro\'ed By OMB Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 5/15/2009 9:01 AM Appro\'ed B~' Mark Isackson Budget Analyst Office of Management & Budget Date County Manager's Office 5/15/20096:10 PM Approved By Leo E Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5/16/200911:57 AM file://C:\AgendaTest\F:xnort\ 1 :-J0-Mav%202o.%202009\ 17.~n20Sl JMMAR Y%20ACiF:NDA \... 5/20/2009 00)00 1'-0..- .._,,_O~ NO cOLD -N Cl) ~>>::n Qieueu :::~n.. eu '0 C Cl) 0) <( >- '" Wa F''''>- f--~<( :JIeD 1;1 / _/ Z- >- f- Z ~ U t>N111 nd-l~Od~I'" (~c'~r:>) ~ ~ ~ )..)1)1:) . 8. - ~~ t Ul,.... ~g r-?'~< I, "~ ~~ ~.. ~~~ ~ It'::I~ ~ u (~SQj.r':l\ Ot:l'lf~,::f\no~ )IN'O'dd ~iC ~~:.:\ :;:; i:j~~ ~ :l: uc( JI~u ,~ c~~,=~ ~,~_ ~v>~ _~c: ~ - ~~: c2~~ m ~~'l g~ ~ !wsnl n ~g ~[ ~C-! 1IV"l;lJ. lI'i\iI~'V'l TAMII\MI TRAIL IU.::; 411 ".><-- l~~ ~ ~ ~ j ~~ ~~ Q. 8~ ~5 m ~ ~~ ::: z ~ ~'&' ... ~lll.e. I-Z 00 w- -,~ 00 ::=3 ~~lll Hd 1 / GULF OF MEXICO 0.. <t: ~ " I u.J I- (j) f- Z w ::E w C/) <( w z o i= <( ~! LU C/) Z o () C/) z w Cl 0::: <( <.9 f- Z o 0::: u.. >- <( lD 0.. <t: ~ z o I- <t: () Sj EXH/B/ T :4 14 L\')c'!d8 'fe.m 1\1 17D May 26, 2009 Page 6 of 18 PROPERTY DESCRIPTION THA T PART OF LOT 31, BA YFRONT GARDENS, A SUBDIVISION RECORDED IN PLA T BOOK 14 PAGES 114 THRU 117 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE PAl? T1CULAl?L Y DESCl?/BED AS ,rOLLO~1'S: COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 31, RUN NORTH 21"51'53" WEST. ALONG THE EASTERL Y LINE OF SAID LOT 31. FOR A DISTANCE OF 15,00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 21'51'53" M'ST. APPROXIMA TEL Y 6,0 FEET TO THE MEAN HIGH WA TER LINE OF LITTLE HICKORY BA Y AND A POINT HEREIN CALLED POINT "A ", THENCE RETURN TO THE POINT OF BEGINNING AND RUN SOUTH 68'08'07" WEST 50. 44 FEET; THENCE NORTH 56'40'40" M'ST 54.66 FEET.' THENCE NORTH 33'20'20" EAST APPROXIMA TEL Y 270 FEET TO THE MEAN HIGH WA TER LINE OF LITTLE HICKORY BA Y THENCE SOUTHEASTERL Y ALONG THE MEAN HIGH WA TER LINE APPROXfMA TEL Y 86.5 FEET TO SAID POINT "A ". THE ABOVE DESCRIBES AN AREA OF APPROXIMA TEL Y 1789 SPUARE FEET OF 0.041 ACRES OF LAND BASED ON THE LOCA TlON OF AN APPROXIMA TE MEAN HIGH WA TER LINE IN 1988. NOTES: 1. BEARINGS SHOWN HEREON REFER TO THE SOUTHERLY LINE OF LOT 31, BA YFRONT GARDENS, ,A.S RECORDED IN PLAT BOOK 14 PAGES 114-117 OF COLLIER COUNTY. FLORIDA, AS BEING SSS"OS'o7"W. 2. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND JOR RESTRICTiONS OF RECORD. !: C 3. DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. 4. THIS lEGAL DESCRIPTION IS NOT COMPLETE UNLESS ACCOMPANIED BY SHEET 2 OF 2, DA TED NOVEMBER, 2006. - , !: co ,~ , a: / ~ ~ ,.' O. GRADY MINOR AND ASSOC/A TES, PA. SIGNED 11-17-06", I.~ i=' '" 0.. ~ ~/. /' ......-- J/. · :;;iIlI""'" / 5 TEPHEN ,v. au. ,/ , P.S.M. #6408 STA T[ OF FLORIDA JOB CODE' NeE ,. NOT A SURVEY ,. DRA WN BY: RKP SHEET: 1 OF 2 L,. ;: > Q. GRAIJY MINOR AND ASSOCIATES, P.A I CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS 3800 V7A DEL REY BONITA SPRINGS, FLORIDA 34134 LEGAL DESCRIPTION CONSERVATION E'ASEME'NT.. I SEcrION 6. rOlfWSHIP -18 SOU7'H, RANCE 25 EASr COUJER COUN7'Y; FLOR/'IJA PHONE: (239) 947-1144 FAX: (239) 947-0375 DATE: NOVEMBER, 2006 CERTIFICATE OF AUTHORIZATION NUMBER LB 5151 DRAWING: B-3396-1 .. ... Ac:enda Item No, 170 ~~tJJ~ -:{:' NOTES: THIS SKETCH IS NOT COMPLETE UNLESS ACCOMPANIED BY SHEETS 1 OF 2, DATED NOVFMRFR ?OOli UTTLE HICKORY BA Y I I o 10' 20' SCALE: 1 w = 20' +-~ ~ ~~ :;s..., '-\f~ <f><4--d! POINT OF BEGINNING 30 -% BAYFRONT GARDENS (P.8. 14, PC. ,,:,. THRU 117) 0: POINT OF COj[J{ENCEMENT SOUTHEAST CORNER LOT 31 c: ;:: ,~ I~ ~ a. c.. ,,' '- <; * NOT A SURVEY * Q. GBAlJY MINOR AND ASSOCIAT~ P.A. CIVIL ENGINEERS. LAND SURVEYORS. PLANNERS 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 JOB CODE: NCE DRA Jf'N BY: RKP SHEET: 2 OF 2 SKETCH TO ACCOMPANY DESCRIPTION CONSERVATION EASEMENT SEC7'/ON G, 7'OIYNSH/P 48 SOl/7'H, RANCE 2S EAS7' COLLJER COl/N7'y, E'LORI.DA PHONE: (239) 947-1144 FAX: (239) 947-0375 DATE: NOVEMBER, 2006 CERTIFICATE OF AUTHORIZATION NUMBER IE 5151 DRAWING: B-3396-} , ~., t I\gerlda Item ~~o. 170 fviay 26, 2009 Pape 8 of 18 THIS INSTRUMENT PREPARED BY & RETURN TO: NAME: RICHARD D. YOVANOViCH, ESQ. ADDRESS: 4001 NORTH TAMiAMi TRAIL, #300 NAPLES, FLORiDA 34103 PARCEL ID, # 23095003109 SPACE ABOVE TinS LINE FOR I'ROCESSING DATA SI'''(:[ ABOVE TillS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this Sit... day of N\)~~ , 20~, by Peter and Helga Noetel hereinafter "NOETEL", as Grantor, whose address is 26141 Summer Greens Drive, Bonita Springs, Florida 34135, 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, NOETEL is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" attached hereto (hereinafter referred to as the "property"); and WHEREAS, Collier County is reqUlnng that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind NOETEL; 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. NOETEL, 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. 2. Other than a boardwalk or path serving a boat dock, 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 exoticjnuisance Revised 10/14/05 1 , Agenda Item t\Jo, 170 May 26,2009 Page 9 of 18 vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. 3. NOETEL, its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, inciuding, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. 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. 8. 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. 9. 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. Revised 10/14/05 2 .t\genja Item No, 17D f\1ay 26, 2009 PaJe 10 of ' 8 10. 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. 11. 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. 12. 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 applicabie 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: Revised 10/14/05 3 7" Agenda Item No. 17D May 26, 2009 Page 11 of 18 STATE OF FLORIDA ) COUNTY OF COLUER ) The fo~~g instrument was ~ and acknowledged before me this K day of -N , 20 (); , by Peter Noetel, as owner for tJ /4. and who is personally known to me or [ ] who produced as . tio . l~\f,~:~. CHERYL HIlLESHEIM ~~ "~'1:~ MY COMMISSION" DO 475sn ~~.t EXPIRES: Seotember?~ '009 ".~f..f:'..., i3crlded Thru NolOI}' PUblic u;;;;,;,;;;j.1lII /\, My Commission Expires: Sign, sealed and delivered in the presence of: By: Helga No tel \ \, STATE OF FLORIDA ) COUNTY OF COLUER ) The for~g instrument w s subscribed, sworn and acknowledged before me this ;;3 day of , 20 1/1 ,by Helga Noete as [title] owner for N and who' p\ersonally known to me or [ ] who produced s identific 'on. CHERYL HIUESHEIM ~ MY COMMISSION # DD 475sn EXPIRES: September 25,2009 llCndId Thru Notary P<bIIc UndelW!itell My Commission Expires: Revised 10/14/05 4 l\aenda Item ~Jo. 170 ~ r\~ay 26, 2009 12 of 18 Acceptance by Grantee: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and Legal sufficiency: \ Revised 05/13/09 5 D\lTA1NC CONSUL TING ..L ......, '.L .a. . PlmUling . Visualization . Civil Engineering' Surveying & Mapping Agenda Item t~o. 170 May 26, 2009 Page 13 of 18 LEGAL DESCRIPTION CONSERVATION EASEMENT A PARCEL OF LAND IN SECTION 6 TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH WEST CORNER OF LOT 31 BAYFRONT GARDENS AS DESCRIBED IN PLAT BOOK 14, PAGES 114 THROUGH 117, PUBLIC RECORDS, COLLIER COUNTY FLORiDA. THENCE, N 180 04'05" W ALONG THE WEST LOT LINE OF SAID LOT 31 A DISTANCE OF 16.63 FEET TO A POINT ON THE REVISED LOT LINE AS DESCRIBED IN OR BOOK 2433 PAGE 3264 THENCE, ALONG SAID REVISED LOT LINE N 00.41' 08" W A DISTANCE OF 79.25 FEET TO THE POINT OF BEGINNING OF THE CONSERVATION EASEMENT HEREIN DESCRIBED; FROM THE POINT OF BEGINNING; THENCE, ALONG SAID REVISED LOT LINE NOD. 41' 08" W FOR A DISTANCE OF 7.00 FEET, TO THE MEAN HIGH WATERLINE OF HICKORY BAY; THENCE, RUN ALONG SAID MEAN HIGH WATERLINE, WITH AN ELEVATION OF 1.1 FEET, TO AN INTERSECTION OF THE PROLONGATION OF THE EAST LOT LINE OF SAID LOT 31; THENCE, S 21. 51' 53" E FOR A DISTANCE OF 6.01 FEET, TO A POINT ALONG THE EAST LOT LINE OF SAID LOT 31; THENCE S 680 08' 07" W FOR A DISTANCE OF 4.35 FEET; THENCE, S 840 38' 31" W FOR A DISTANCE OF 8.85 FEET; THENCE, N 80. 33' 51" W FOR A DISTANCE OF 26.39 FEET; THENCE, N 70. 22' 53" W FORA DISTANCE OF 28.68 FEET; THENCE, N 600 57' 53" W FOR A DISTANCE OF 18.59 FEET; THENCE, N 68. 25' 07" W FOR A DISTANCE OF 29,51 FEET; THENCE, N 89. 36' 34" W FOR A DISTANCE OF 14.64 FEET; TO THE POINT OF BEGINNING OF THE CONSERVATION EASEMENT DESCRIBED HEREIN. CONTAINING 906 SQUARE FEET, MORE OR LESS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST LOT LINE OF LOT 31 BAYFRONT GARDENS, AS RECORDED IN OR BOOK 2433, PAGE 3284, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.00.49'05"W. PREPARED BY RWA INC. FLORIDA CERTIFICATE OF AUTHORIZATION NO. LB 6952 RICHARD V. NESTLER, PROFESSIONAL LAND SURVEYOR LS# 4786 DATE: 1/2. 7/0 '1 . NOT VALID WITHOUT THE SIGNATURE & ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ReF: 020032,01.01., 0006 REVISED 01/27/09 :E:xt\ I e> IT l "f Z I( I( e> 6610 Willow Park Drive, Suite 200, Naples FL 34109. (239) 597-0578, fax: (239) 597-0578 www.consult-rwa.com LITTLE mCKORY BAY Item ~'Jo. 170 IVlav Lb. LUG':? :::>2ge 14 of 18 N W+E SKETCH TO ACCOMPANY LEGAL DESCRIPTION THiS IS NOT A SURVEY s L9 '0 20 , ': P.D.B. CONSERVA TION EASEMENT GRAPHIC SCALE ,"= 20' r- ... ... I .... ~....:: CD C? . '" E-< Eo-;,g lU e2S": ~ ~ ~ CD )> ~ ~ c.: ----- z o "l.... ... <0 -. i-..J ~Ut -:i LOT 31 P.B, 14, PGS, 114-117 l4 REVISED WEST LOT LINE (REF: O.R, 2433 PG, 3284) ~ ~ ~ ~~--~------~~------ --- o \ C? \ S ~\ :,' ~--~ ~__-- PLATTED ~O'~-- 0N~' _-- LOT LINE \ ~"'\-., ~- I sO'0....'" ~--~ ., ",,-s' __~--~ /" 0'0...."''' ~~ .--- 7- C S :,\ ,,11.-/" -- .--- /' :;, ... 0'.0'" " v ---- ~ , It... .--- __ .--- <?. ~ \~ 'cF:~'-~ ~'~ '(\:is, ' ----- __ -- -- r.. 0, ,.\ '. 'I,j ~ o V' C '0 '.~' -- ~ v~ SJ 0'_ II',' _ '-"N\ _.Q\S ~~' ~__~~/ '<~~~ 'Jr ~\' ~~~ '0~ .~ 01: \ __~---- ~ (?-\G\-'I ~\ .->_- ~' ,- /_--<tf~ ..--- _--- ---- ~\\'-- ~ --~-- ~-- -- ~/ -- -- -- -- -- -- .--- ~ .--- ~ X...----- ~ -- ~ -- -- ~ -- -----/ -- -- ~ -- ~ -- ~ ~ -- -- ~ -- -- S'l'\lBOLS AND ,l,8BREVlA nONS: P.O.C. - POINT OF COMMENCEMENT SEC, = SECTION TWP. = TO~SHIP RGE, = RANGE R.O.W. = RIGHT OF WAY P.O.B. = POINT OF BEGINNING M.H.W. = MEAN HIGH WATER LINE TABLE LINE BEARING LENGTH L1 NOO'41'08"W 7.00' L2 521 'S1'S3"E 6,01' L3 S68'08'07"W 4,3S' L4 S84'38'3'''W 8,85' LS N80'33'S"W 26.39' L6 N70'22'S3"W 28,68' L7 N60'S7'S3"W 18.S9' L8 N68'2S'07"W 29,S1' L9 NS9'36'34"W 14.64' ,,/ ~ -- -- -- Lt:,REVlSED PER BEARING CHANGE, , /27/09, R y, 1" - 20' CLIENT: PETER AND HELGA NOTEL BAYFRONT GARDENS LOT 31 TITLE: CONSERVATION EASEMENT SKETCH TO ACCOMPANY LEGAL DESCRIPTIOI 0\1 T ^ INc't::ation CONSULTING Civil~ ..L '" , ..L JL, Surveying & Mappin~ DATE' JULY, 2008 5CA..LE DRAWN BY M.S.J. 6610 Willow Park Drive, Suite 200 Naples, Florida 341 09 Phone: (239) 59H1575 Ff\t.: (239) 597-0578 CHECKED BY: t,J,AW. SEe "fWP: RGE: 6 4,SS 25E PROJECT r\,.., ,.., '7 r\ r\. SHEET FILE 0 NUMBER ULOu.J2.u 1 .U II NUMBER: 2 OF 2 NUMBER' 006 E'(~ t~lT oAe;.1# '2.. D f :z.. t .. . I L Agenda Item r\]o. 170 May 26, 2009 Page15of18 8S0 PI\.R.K SHORE DIUVE TRIANON CEN11l.E - l'HIRD PLooIl NAPLES, PL 34103 239.649.2710 DIRECT 239.649.6200 MAIN 239.261.3659 FAx mprice@mIaw.anu I~SYANDRESS II A LEGAL PROFESSIONAL ASSOCIATION July 28, 2006 VIA E-MAlL TO: rvovuumclttmecllaw.com Mr. Richard D. Yovanovich Goodlette Coleman &. Johnson, P.A. 4001 Tamiami Trail North Naples, FL 34103 Re: Peter and Helga NoeteI - Request for Vacation of Conservation Easement Dear Rich: I~~ Mary Ann Gibson, owner of property at 195 Bayfront Drive, Bonita Springs: "Mj. ';" client objects 1t) the proposed vacation of the conservation easement SinoereJy, MJP/ks CC~ Ms. Mary Ann Gibson via. e-mail S043SI v_OI \ 114761.0001 ~ TOlEDO AKRoN COUlMilUS QNONNATI WASHINGTON, D.C. TAll.AHASSEE FoR.T MYERS riAPL.S www.rlllllw.com t\genda Item No. 170 May 26,2009 Page16of18 MARY ANN GIBSON 195 BAYFRONT DRIVE BONITA SPRINGS, FL 34134-8548 April 8, 2009 Board of County Commissioners Collier County 3301 East Tamami Trail Naples, FL 34112 Re: Peter and Helga N{)tel Request for Vacation of Conservation Easement 195 Bayfront Dr., Bonita Springs, FL 34134-8548 Lot 30 and Part of Lot 31, Bayfront Gardens Folio Number 23095003109 Dear Commissioners: I am the owner of the property immediately adjacent to the Petitioner's property. I previously sent in a letter objecting to the Petition. My representative has met with the Petitioner's agent and I have reviewed the petition since the date of my original letter. I am rescinding my previous letter. I have no objection to the relocation of the conservation easement contemplated in the referenced Pention and encourage the County to approve the request. Sincereiy, M?!L~~ Lt~ Agenda Item No. 170 May 26, 2009 Page 17 of 18 RESOLUTION NO. 09-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVESMT-2006-AR-10989, DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A CERTAIN CONSERVATION EASEMENT, CREATED BY COLLIER COUNTY RESOLUTION 90-416, AND FILED IN OFFICIAL RECORDS BOOK 1551, PAGES 2211 THROUGH 2221, OVER LOT 31, BAYFRONT GARDENS, A SUBDIVISION AS RECORDED IN PLAT BOOK 14, PAGES 114 THROUGH 117 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA, AND TO ACCEPT A REPLACEMENT CONSERVATION EASEMENT LOCATED ON THE SAME PARCEL. WHEREAS, pursuant to Section 125.01 and 125.37, Florida Statutes, Petitioners, Peter and Helga Notel, have requested the vacation of the County's interest in a certain Conservation Easement, created by Collier County Resolution 90-416 and filed in Official Records Book 1551, Pages 2211 through 2221, over a portion of Lot 31, Bayfront Gardens, a subdivision as recorded in Plat Book 14, Pages 114 through 117 of the Public Records Collier County, Florida, situated in Section 6, Township 48 South, Range 25 East, as depicted and described in Exhibit 'A'; and WHEREAS, in conjunction with, and as part of the Petitioners' request, Petitioners have offered for dedication the replacement Conservation Easement attached hereto as Exhibit 'B'; and WHEREAS, the Board has this day held a public hearing to consider Petitioners' request, and notice of said public hearing was given as required by law; and WHEREAS, the granting of Petitioners' request will not adversely affect the ownership or right of convenient access of any property owner within Collier County; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in the Conservation Easement as specifically depicted and described in Exhibit 'A' is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit. BE IT FURTHER RESOLVED AND ORDERED that the County hereby accepts the dedication of the replacement Conservation Easement attached hereto as Exhibit 'B', BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida. ,A.genda 11em No. 170 May 26, 2009 Page 18 of 18 This Resolution adopted after motion, second and majority vote favoring same, this day of , 2009. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficienc : By: Jeff E. Assista