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Resolution 2009-135 RESOLUTION NO. 09- 1 35 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. This Resolution adopted after motion, second and majority vote favoring same, this dlci.+h day of May , 2009. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: qJ~ ~~ DONNA FIALA, CHAIRMAN , ('~t.s.t".il"~c At trIIM . U~'" OI.. ~! , Approved as to form and legal sufficienc : By: Jeff E. ri ht Assista oilier County Attorney -. A 14 EXH/B/ T 11 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 PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE A T 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 CON TlNUE NOR TH 21"51 '53" WEST, APPROXIMA TEL Y 6.0 FEET TO THE MEAN HIGH WA TER LINE OF LI TTLE HICKOR Y BA Y AND A POIN T HEREIN CALLED POIN T "A': THENCE RETURN TO THE POINT OF BEGINNING AND RUN SOUTH 68 "08 'or WEST 50.44 FEET,' THENCE NORTH 56"40'40" WEST 54.66 FEET; THENCE NORTH 33"20'20" EAST APPROXIMA TEL Y 27.0 FEET TO THE MEAN HIGH WA TER LINE OF LITTLE HICKORY BA Y THENCE SOUTHEASTERL Y ALONG THE MEAN HIGH WA TER LINE APPROXIMA TEL Y 86.5 FEET TO SAID POIN T "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. Q. NOTES: 1. BEARINGS SHOWN HEREON REFER TO THE SOUTHERLY LINE OF lOT 31, BA YFRONT GARDENS, AS RECORDED IN PLAT BOOK 14 PAGES 114-117 OF COLLIER COUNTY, FLORIDA, AS BEING S88"08'07"W. 2. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND/OR RESTRICTIONS OF RECORD. 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. 'c f ?-" ~ u:: .::: Q. GRADY M,'NOr? AND ASSOCIA rEs, P.A. SIGNED J1-IJ-06 <i . P.5.M. #6408 STA TE OF FLORIDA JOB CODE: NeE · NOT A SURVEY · ::: DBA JYN BY' RKP SHEET: 1 OF 2 Q" GRAlJY NINOR AND ASSOCIATES, P.A. CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS 3800 WA DEL REY BONITA SPRINGS, FLORIDA 34134 PHONE: (239) 947-1144 FAX: (239) 947-0375 CERTIFICATE OF AUTHORIZATION NUMBER LB 5151 LEGAL DESCRIPTION CONSERVATION EASEMENT. SEC7'/ON 8. 7'OIYNSH/P 48 SOl/7'H, RANCE 25 EAS7' . COLL/ER COl/N7'Y, FLOR/LJA DATE- NOVEMBER, 2006 DRA WING: B-3396-1 ^' ""-~_~""" ''I',' _~~ UTTLE HICKORY BA Y EXHIBIT .~' -L-- I NOTE~: THIS SKETCH IS NuT COMPLETE UNLESS ACCOMPANIED BY SHEETS 1 OF 2, DATED I I o TO' 20' SCALE: 1" = 20' ~~ '4- ~Q :?>.. "9'~ ;;P.y...v~ POINT OF BEGINNING 30 ~ BA YFRONT GARDENS (P.8. 14, PC. 114 THRU 117) 0: POINT OF COMJIENCEJ/ENT SOUTHEAST CORNER LOT 31 ~ S 1.'- "- L <1. Q.. L ,,- ,-; · NOT A SURVEY · Q. GRAlJY NINOR AND ASSOCIATES, P.A. eIVIL ENGINEERS-LAND SURVEYORS-PLANNERS 3800 ~A DEL REY BONITA SPRINGS, FLORIDA 34134 PHONE: (239) 947-1144 FAX: (239) 947-0375 CERTIFICATE OF AUTHORIZATION NUMBER LB 5151 JOB CODE: NeE DRAWN BY: RKP SHEET: 2 OF 2 L ,': SKETCH TO ACCOMPANY DESCRIPTION CONSERVATION EASEMENT SEC7'/ON IJ, 7'OIYNSH/P -18 SOl/7'H, RANCE 25 EAS7' COLJJER COl/N7'Y, FLOR/LJA DATE: NO VEMBER, 2006 DRA WING: B-3396-1 THIS INSTRUMENT PREPARED BY & RETURN TO: NAME: RICHARD D. YOVANOV/CH. ESQ. ADDRESS: 400/ NORTH TAM/AMI TRA/L. #300 NAPLES. FLORIDA 34103 PARCEL J.D. # 23095003/09 SPACE ABOVE TillS LINE FOR I'RO(,ESSING IlATA SI'A(,E A80n: TillS LINE FOR RE('ORI)JN(; DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this 5./1-. day of ),h)~~/. , 20 Ul , 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 requIring 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 exotic/nuisance Revised 10/14/05 1 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, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. 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 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 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: ~:. . printe~~am~:~L~'1'"""rVJl.f' (m.//Ij ~ 11 r;t ~f. '-... fll'IA By: ~ Printed Name: (I Y1 (a <-. BYl{nd Peter Noetel / / I Revised 10/14/05 3 STATE OF FLORIDA ) COUNTY OF COLLIER ) The fo~~~ instrument was subscribed" sworn and acknowledged before me this ~ day of }J ~ , 20 tJ7 , by peter Noetel, as owner for tJ !--A. and who is personally known to me or [ ] who produced as . . tio. -\. .,'<!i,\f,~:'\'< CHERYL HILLESHEIM ~..( ,6-~~ MY COMMISSION # DD 475577 ~:r.~" EXPIRES: September 25,2009 "lr.t~" Bonded Thru Notary Pubfic Underwriters /' My Commission Expires: Sign, sealed and delivered in the presence of: WITNESSES: ~G~'l Q. Printe;t Name: }(,. ,e..rc):D_,",U"" ,'./'""J cL ./ - (; t'J /!5; cf- ,'-- ,-. / .' f. 1[41 .. By: Printed Name: L,nda }-C{f1d Helga No tel ( ~, . \\ \../ \\JGr , STATE OF FLORIDA ) COUNTY OF COLLIER ) The for~g instrument w s subscribed, sworn and acknowledged before me this 6 day of , 20 Of ,by Helga Noete as [title] owner for and who . personally known to me or [ ] who produced s identific 'on. CHERYL HILLESHEIM MY COMMISSION # DD 475577 EXPIRES: September 25, 2009 ilQndId Thru Notary Public UndefWriters Print -----------~ My Commission Expires: Revised 10/14/05 4 Acceptance by Grantee: ATTEST: DWIOJ;;lX,E. BROCK, Clerk .~Pda~~ -:;" . . . , Thib~ Clerk -:;. Att...~~,rlcl' to cn...,...,. , "'~,/,> s .~.tliW" Of'1. '; . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ;g7::;;AL~~AN Approved as to form and Legal sufficiency: ~ ff . Wright A stant County Attorney Revised 05/13/09 5 D\lTA1NC. CONSULTING ..&.. "" , ...L ..... . Planning . Visualization . Civil Engineering. Surveying & Mapping 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 1So 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 3284 THENCE, ALONG SAID REVISED LOT LINE N 000 41' OS" 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 N 00. 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 21051' 53" E FOR A DISTANCE OF 6.01 FEET, TO A POINT ALONG THE EAST LOT LINE OF SAID LOT 31; THENCE S 68. OS' 07" W FOR A DISTANCE OF 4.35 FEET; THENCE. S 84038' 31" W FORA DISTANCE OF 8.85 FEET; THENCE. N 800 33' 51" W FOR A DISTANCE OF 26.39 FEET; THENCE, N 70. 22' 53" W FOR A DISTANCE OF 28.68 FEET; THENCE, N 600 57' 53" W FOR A DISTANCE OF 18.59 FEET; THENCE, N 680 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.00049'05"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 :C:~H l e> IT 1 ~ Z. I( '1 e> 6610 Willow Park Drive, Suite 200, Naples FL 34109 · (239) 597-0578, fax: (239) 597-0578 www.consult-rwa.com SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY UTTLE HICKORY BAY N W+E '-= S c: L9 o 10 20 I I GRAPHIC SCALE 1"= 20' \ P.O.B. CONSERVA TION EASEMENT r- .... .... I ..;0 ~....:: o C') CD en ~ ~Eo<le ~ ll.S~ ~ l> cci ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ <"'!:,\ -- ,-0' ~~ ,-\'tI."-. ~ ~ ,/" "-,,,-'< ~ ~ :0~ 'll't-S' SO\j'y:. ~~~~~~~~~ ~ ~~~~~~~~ C SO:,, \,11 Q. ' ,-0\ ,,1.- _ ~~~~ ~\' Ie ~ _ _ _~~~~~~ ? ,,'tI."-" ?GS' _ 'lY _ _ _ ~~.'O. ,I.. _ _ _ _~~--~ ....\'"\" \),/" csi ~~ ,< _ _ - - ~O~ '-Jr>-~\t:- ~~~~~ --~~~~~~~/-/ - --_/~,~:~::~//// -- -- ~~\ - -- -- <" ~ ~ ---- - ~-------------- z o q ..., ....<D -- tv ~U1 ~ LOT 31 P.B. 14, PGS, 114-117 L4 REVISED WEST LOT LINE (REF: O.R. 2433 PG. 3284) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o C') Eo< 9 ~ ,/" ,/" ,/" SYMBOLS AND ABBREVlA nONS: P,O.C, = POINT OF COMMENCEMENT SEC. = SECTION TWP. = TOWNSHIP RGE. = RANGE R.O.W. = RIGHT OF WAY P.O.B, = POINT OF BEGINNING M.H.W. = MEAN HIGH WATER LINE Ll L2 L3 L4 L5 L6 L7 L8 L9 LINE TABLE BEARING NOO'41'08"W 521'51'53"E 568'08'07"W 584'38'31"W N80'33'51"W N70'22'53"W N60'57'53"W N68'25'07"W N89'36'34"W LENGTH 7,00' 6.01' 4.35' 8.85' 26.39' 28.68' 1859' 2951' 14.64' &REVISED PER BEARING CHANGE, 1/27/09, R. Y. D\lT A INC.~~ation CONSUL TING Civil Engineerlni ..... "" , ..... ..... SlllVeying & Maw.in& DATE' JULY, 2008 SCALE, I" = 20' CLIENT: DRAWN By PETER AND HELGA NOTEL BAYFRONT GARDENS LOT 31 CONSERVATION EASEMENT SKETCH TO ACCOMPANY LEGAL DESCRIPTION TITLE: M.S.J. 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 CHECKED BY MAW. SEe, TWP, RGE, PROJECT SHEET 6 48S 25E NUMBER 020032.01,01 NUMBER 2 OF 2 FILE NUMBER: 0006 C(" tBlT "E:>I, '2. DF 2.