RP/SIX Development
Tb\ R(:(. U)C~,
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 B 5
Print on pink paper~~ ~~~~oc~~nt~o?~r~~~~~~~<?e~~2~~~~~c~~~0~~~~~u~~~ong1nal
documents are to be forwarded to the Board Office only ~ the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceotion of the Chairman's signature, draw a line through routing lines #1 through #4, comolete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(list in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Summer Araque Phone Number 530-6290
Contact
Agenda Date Item was 6/22/04 Agenda Item Number 16B5
A roved b the BCC
Type of Document 1
Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pageS from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and Initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attome 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
X
N/A (Not
A licable)
2.
3.
4.
5.
6.
86
X
XBb
X viA
I: Formsl County Forms! BCC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
4088399 OR: 4296 PG: 1735
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
10/26/2007 at 09:19AM DWIGHT B, BROCK, CLBRK
RBC FBB 61.00
DOC-.70 .70
COPIBS 7.00
MISC 1.50
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
1685
This instrument prepared by:
MICHAEL J. VOLPE, Esquire
ROBINS, KAPLAN, MILLER & CIRESI, L.L.P..
711 Fifth Avenue South, Suite 201
Naples, Florida 34102
PARCEL In NO: 00276360008
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is given this 24th day of July, 2007, by
RP/SIX Development, LLC, as Grantor, whose address is 4051 Gulfshore Boulevard
North, #1202, Naples, Florida 34103 to the 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, RP/Six Development is owner of that certain tract of land located in
Collier County, Florida described in Exhibit "A" attached hereto and made a part hereof
(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
RP/Six 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 Composite
Exhibit "B" (the "Easement Property").
NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier
County as follows:
1. RP/Six 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.
2. No buildings, structures or impediments or any nature may be constructed,
NP165041826.1
10f7
OR: 4296 PG: 1736
16 B5
or 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 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. RP/Six 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 time be maintained in accordance with the
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. 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,
NP165041826.1
20f7
OR: 4296 PG: 1737
16 B5
return receipt requested, addressed to the appropriate party or successor in interest.
9. The Conservation Easement may be amended, altered, released or
revoked only by written agreement between the parties hereto and 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 Easements 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 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 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 trial and appellate courts in addition to the cost of restoring
the land to 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.
NP165041826.1
30f7
OR: 4296 PG: 1738
1685
IN WITNESS WHEREOF. Grantor has hereunto set its hand and seal the day and
year first above written.
RP/SIX DEVELOPMENT, L.L.C. A Florida
Limited Liability Company
By: ~116/L (3, I
Print Name Jack E. Roberts
Title: Manager
utr KL.-/l +
STATE 0 ORIDA \
COUNTY OF \Yl(l(~O(\
On this ~ll day of July, 2007, before me, the undersigned notary
public, personally appeared Jack E. Roberts, who is personally known to me to be the
person who subscribed to the foregoing instrument and did not take an oath I as the
(position) Manager, of RIP SIX DEVELOPMENT, L.L.C., A Florida Umlted Liability
Company, and acknowledged that he executed the same on behalf of said company and
that he was duly authorized to do so.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
FLORIDA
My Commission Expires:
",........ MEUS&' L VIERKAN'T
/)}Ai!i'.f~;~ 11;1\ COMMISSION # 00 515567
:*; : ~ EXPIRES: February 7, 2010
~" .fi1..~ B nded Thru No1llIY public UnderwrileTS
""'~P'f.~~'" 0
NP16S041826.1
4of7
OR: 4296 PG: 1739
1685
Acceptance by Grantee:
ATTEST:
DWIGHT 5rJ~ROCK, Clerk
1,::~'f;
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~ rI/U
JAMES COLETTA, CHAIRMAN
,"., ' iL -
ff}Y~~{)'-'
" 1,'".t~,<,qfIt. , .
Approved as to form and legal sufficiency:
By:
J right
As . tant County Attorney
Item # llo G> 5"
~~~;da lo-l'Z
50f7
OR: 4296 PG: 1740
~I
I
SKETCH OF SURVEY I
LINE BEARING
L 1 S 00'05"00. E
~
witE
S
~
~~""'-_._~ 1
o 20' 40' 60' 80'
I
'--
FPK.D.
L.B. # 043 q<:>b
~~~.~~: ~ ~,.,
SMH
X-MARK
N. SIDE OF R,M
MERCHANTILE A VENUE EL. ~ 9.69'
(60" Ri9ht~f Way) ~ _
N 89'21"02" E
BEARING BASIS
-:,cl,
~
q.
q'?
b
N 89'21"02" E '0'180.00'
N 89'23'00. E .; 180.12'
q.
HI
INV. 7.0'
(P) 12' CMP
(M)
EOP
~
~
Lu--..,
51S
o :
en ()
.... ~
S Q::
e: 11E
(1)'---
:;)
~
.....
~
UTS
klPP
F JR.
L.B. # 043
'bot
.,
'b-
~1>
'<
FIR.
0.63' E.
0.22' N
BGA # 840
~
'I,.'iJ
"
~ ~
2.-
N In
r<) r<)
(J) (J)
N (])
r<) N
'Or;, ,., b
., q'P q' q.
:;;: :;;: q.
(J) (J)
0 <X)
0 N 0 0
i.O q 0
" 0 ci
0 0
b b -I>:. (J1
0 0 q<P (J1 0
~ (])
z Z
fTl fTl
U U
0 U
(:, (:,
<D. <D.
'2 ~
2?
.; ~ ~
q. .,
q.
EAST 150.62'
OF N. 1/2
TRACT 87
<OCCUPIED)
LECEND
'\.
q'
WEST 180
OF N. 1/2
TRACT 87
o;?vAcANn q'P
r / :>_c
f SklALE
SIR 0 so 5/8' IRON ROD B&B 3241
FIR . FOUND 5/8" IRON ROD
F.P.K.D. & FOUND P.K. NAIL &: DISK L6 43
(P) PLAT
(ll) ..EASURED
PK PARKER KALON
LB LICENSED BUSINESS
<t CENTERUNE
wpp WOOD POWER POLE
P.LS. PROFESSIONAL LAND SURVEYOR
CURVE lABEL
DRIVEWAY EASEWENT
WATER WETER
AIR CONDITIONER
CONCRETE
GATE VALVE
FIRE HYDRANT
GUY WIRE
MJTERED END
DRIVEWAY EASEW[NT
4. PINE
6" PINE
S- PINE
to" PINE
12" PINE
14'" PINE
18" PINE
20" PINE
24" PINE
CABBAGE PAI.II
CHAIN LINK
FENCE
<DCCUP lED)
(Cl)
O.W.E.
W..
Ajc
CONG.
IN
FH
GW
..,
D.W.[
4"SP
6"SP
B'SP
to"SP
,2"SP
'4"SP
te.sp
20"SP
24"SP
CAB
TRACT 88
F.IR.
BGA # 840
S 89"56'21" W
N 89"55 00 E
s>
~
.,
q.
EXISTING BUILDING EL. =11.4'
F.I.R.
" G/S 2' N.
q" cl,
~.
CERTIFIED TO:
_ ,4_ ';:\ _~-=: ~ ,..'~
RP/SIX DevelopMent, LLC, 0. Florldo. LiMited L1o.bility 'CoM~y :..:' " -
Fif1;h Third Bo.nk, 0. Michlgo.n B~nking Corp~ro.tion, : ~ . '../ _ - .
rts successors and/or a.sslgns a.s their intere"S"ts., frl...,g.y o.ppeo..r:.) ~)
Attorney's Title Insuro.nce Fund .' ~ . ", . "," ?', .' '.
Robins, Ko.plo.n, Miller S. Ciresi, LLP .".:,\;.,~. :~ ~,,;~ ..:,
DATE OF SURVEY, FEBRUARY t8, 2005 "";:,,,,~ ~.c-~.'
ADDED CERTIFICATION' APRIL L 200S11o.vlo':'B.' ~ 'I"LS.-
TOPO SURVEY' JUNE 29, 2005 Ct;.r,tlfiCo.te :,N'f'!ber~ -4520
, " -".; ,.~. .
~1..
WEST 180
OF S. 1/2
TRACT 87
<OCCUPIED)
REAL PROPERTY DESCRIPTION:
THE \JEST 180 FEET OF NORTH 1/2 OF THE NORTH 658.6 FEET
OF THE SOUTH 2005.8 FEET OF THE EAST 1/2 OF THE \JEST 1/2
OF THE \JEST 1/2 OF THE N.E. 1/4 OF SECTION 36, TO\JNSHIP 49 SOUTH,
RANGE 25 EAST. OF THE- PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA.
NOTES:
NUf VALID \J!THOUT THE SIGNATURE AND THE ORIGiNACRAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
rOP.<
KEP?lEENGINEERING
1.) BEARINGS SHO\JN HEREON REFER TO THE CENTERLINE OF MERCHANTlLE
BEING N. 89'21'02' E.
2,) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS DR
RESTRICTIONS OF RECORD.
3.) DIMENSIONS SHO\JN HEREON ARE IN FEET AND DECIMALS THEREOF.
4.) THIS PROPERTY IS LOCATED IN FLOOD ZONE X.
5,) IMPROVEMENTS OTHER THAN THOSE SHO\JN HAVE NOT BEEN LOCATED.
6.) LEGAL DESCRIPTION SUPPLIED BY CLIENT.
AVENUE?
BOUNDARY
SURVEY
SCAL[,
l' = 40'
$ 'J'UITl.O, & :JJ 'J'UITl.O" :J 'IUj.
d ~~ :I~ &. :La.n4 :p~
(071 611.. 0.4_ K..u.
KafJ-. ~ ~IfIOl (lS9k1flu- 5965
""..?PaM.'f-2TRACT87
R[vtS1DNSI
EXHIBIT
l~"
'-fq/~~/3Co-f,
***OR: 4296 PG: 1741 ***
SKETCH AND LEGAL DESCRIPTION
OF 31 FEET WIDE PRESERVE EASEMENT
SCALE: 1" = 40'
~II
o 20' 40'
I
80'
I I
I I
~______+- _ ---1>,- _S_OO1l5'06"..!:' _ 331.09~_
I 300.09'
I
I
I
I
~i
~ I
q:~IU)'
Lu~lt.J(;:;
I. VJ
;:!"-I~.~
.- Q ;C:l
~....... -.~
.....{:: . .S\l <:
lid' 0"\ I 0) ct
~ _.0::. I CO..L5
(,) a <:cn
Q:~I'-.::..
~
w
THE MST 180' OF
THE N 1/2 OF THE N558.f50'
OF THE 5 2005.80' OF THE E 1/2
OF THE W 1/2 OF THE W 1/2 OF
NE 1/4. SECTION 35, TOWNSItP 49S
RANGE 25E, COLLIER COUNTY. FLORIDA
N
o
.-
f'l
O'l
IX)
z
I
__3~~C2.q:_ _ J _ _ _ _ 298.32' __ __
t-v N 00'05'00" W 329.32' .(P.).
Q' .. .
'-.::.. I
Ilc) I
~
1 ~ INDUS7i..'RIAL.. BOULEVARD
(60' Right of Way)
-- .--.-----.--.-
~
-~$~
It:
31.00'
"0
o
o
IX)
o
o
o
00
w
3:
o
o
in
~
m
.co
z
o
o
in
~
m
00
(/)
31.00'
~4~
David B~ Bruns, PLS
Certificate Number 4520
LEGAL DESCRIPTION:
THE SOUTH 31 FEET OF THE WEST 180 FEET OF THE NORTH 1/2
OF THE NORTH 658.6 FEET OF THE SOUTH 2005.8 FEET OF
THE EAST 1/2 OF THE WEST 1/2 OF THE WEST 1/2 OF THE
NORTHEAST. 1/4 OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE
25 EAST. COLLIER COUNTY, FLORIDA.
DATE: JUNE 12, 2007
NOT VALID WITHOUT THE SIGNA TURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVE'YOR AND MAPPER.
fj~& fj~, !JflA
a '~~-;or?'6/Ld:::::~~
Ir.......... L .K...U ~2'1.{
.Ii.yJ-o. fN-<IJo'!fllfJ2 (ts9) 261 -5965
EXHIBIT
I B
Wl8ON1-2TRACTB7