Elementary School "L"
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after 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
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exception of the Chairman's signature, draw a line throu~ routing lines #1 through #4, complete the checklist, and forward to Sue Filson 'line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. Sue Filson, Executive Manager Board of County Commissioners
2. Minutes and Records Clerk of Court's Office
3.
4.
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 Chris D' Arco Phone Number 530-6290
Contact
Agenda Date Item was 6/22/04 Agenda Item Number 16B5
A roved b the BCC
Type of Document Number of Original 1
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
1. 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.
2. 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
3. The Chairman's signature line date has been entered as the date of BCC approval of the X
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's X
si nature and initials are re uired.
5. 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!
6. 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
Coun Attorne's Office has reviewed the chan es if a licable.
I: Forms/ County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
OFFICE OF THE COllIER COUNTY
ENVIRONMENTAL SERVICES DEPARTMENT
1685
INTEROFFICE MEMORANDUM
TO:
Board of County Commissioners of Collier County
FROM:
Chris D'Arco, Environmental Services Dept.
DATE:
11/24/08
RE:
Acceptance of Conservation Easement
Attached is a Conservation Easement for Elementary School "L". In
accordance with Resolution No. 2004-209, approved by the Board of County
Commissioners on June 22, 2004 under Agenda Item No. 16B5, I am requesting
that if this Conservation Easement is acceptable, please sign or stamp as to
approval of this Conservation Easement, and forward it, along with the
attachments, to the Clerk for attestation and recording.
Thank you for your consideration of this matter. If you have any questions,
feel free to contact me at (239) 530-6290.
Attachments..Original Conservation Easement
Checks for recording and certified copies
OFFICE OF THE COLLIER COUNTY
ENVIRONMENTAL SERVICES DEPARTMENT
INTEROFFICE MEMORANDUM
TO:
Clerk to the Board, Board Minutes and Records
FROM:
Chris D'Arco, Environmental Services Department
DATE:
11/24/08
RE:
Attestation and Recording of Conservation Easement
Attached is a Conservation Easement for Elementary School "L", which has
been approved by the Board of County Commissioners. Please attest as usual,
and forward it with the attached check to the Recording Department.
Thank you for your assistance in this matter. Please send me a copy of the
receipt via interoffice mail. If you have any questions, feel free to contact me at
(239) 252-2497.
Attachments
Routing Slip
Conservation Easement
Check for recording and 2 certified copies
1685
1685
r-'.....~.....<Ol
'tG8~nfY_?f-eol1ier
CLERK OF mE ~" RC~IT COURT
. COLLIER COUNTY OURT OUSE
DWIght E. Brock 3301 TAMIAMI T IL E' T
Clerk of Courts P.O. BOX 4 044 \
NAPLES, FLORIDA ~-3r
~~-/
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Information Sheet for Deeds and other documents
transferring interest in Real Property.
From: ___!,~.:_~:hool ~~stri,=- of~ollie~ Co~nt~~lori~~______________
(Grantor/Seller)
Collier County, Florida, a political subdivision
To:_________________________________________________
( Grantee/Buyer)
Date of SalelTransfer: ________________________
Consideration for this transfer was $ ---=-~__________(mi_I!!_ do.s~-P~!Q2.______.
Signature of Grantor, Grantee or A9~~UJ,~
(The following Recording information to be completed by Clerk of Circuit Court's Office)
OR Book: __________________
Page #: __________________
Date Recorded: ____________________
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4238082 OR: 4411 PG: 2198
RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, FL
12/04/2008 at 02:27PM DWIGHT B. BROCK, CLBRK
RBC FBB 61. 00
DOC-,70 ,70
COPIBS 14.00
MISC 4.00
THIS INSTRUMENT PREPARED BY & RETURN TO:
NAME: RICHARD WITHERS
SCHOOL BOARD AITORNEY
ADDRESS: SCHOOL DISTRICT OF COLLIE
COUNTY
5775 OSCEOLA TRAIL, 5TH FLOOR
NAPLES, FL 34109
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
1685
PARCELLD. # 00215160007, 00214680009,
0021780000~ 00218200003 &
00215680008
ELEMENTARY SITE L
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
(Elementary L)
THIS CONSERVATION EASEMENT given this ~-IIJ day of
o e-/-o /;. e.1' , 2008, by The School District of Collier County ,
Florida (hereinafter "School District"), as Grantor, whose address is 5775 Osceola
Trail, 5th Floor, Naples, Florida 34109-0919 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, the School District 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");
WHEREAS, Collier County is requiring that this Conservation Easement
("Easement") be entered into and recorded in the land records of Collier County
to bind the School District; 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. The School District, 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 of any nature may be
constructed, placed or permitted on, over or across the Easement Property. No
1
OR: 4411 PG: 2199
dumping or placing of soil or other substances such as trash or unsightly or 1 6 8 5
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.
3. The School District, 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. 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.
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.
2
OR: 4411 PG: 2200
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.
1685
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 at the reasonable discretion of Grantee, and any
forbearance on behalf of Grantee to exercise its rights hereunder in the event of
any breach hereof by Grantor, shall not be deemed or construed to be a waiver
of Grantee's rights hereunder.
13. The terms and conditions of this Conservation Easement may be
enforced by the Grantee by injunctive relief and other appropriate available
remedies, and Grantor consents that venue of such enforcement actions shall lie
exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida. In any enforcement action in which the Grantee prevails,
Grantee shall be entitled to recover reasonable attorney's fees and costs in the
trial and appellate courts in addition to the cost of restoring the land to the
natural vegetative and hydrologic condition existing at the time of execution of
this Conservation Easement or to the natural vegetative state required for a
development permit. These remedies are in addition to any other remedy, fine
or penalty, which may be applicable under Chapters 373 and 403, Florida
Statutes.
IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the
day and year first above written.
Sign, sealed and delivered in the presence of:
WIT~ESSE~: )
~!1;fh1fjvsJ;fr
~!l~~t~~MA1'otf By:
School District of Collier County, FL
',' "d /' /",~/,,-\ il
,,,'..{,fA 'Ci ( /~lYI
StSueafiJl9L1Willl, Chairman
LINDA ABBOTT
3
OR: 4411 PG: 2201
STATE OF FLORIDA )
COUNTY OF COLLIER )
l6B5
The foregoing instrument w'9.s subscriped, sworn and acknowledged before
me this /58 day of CJtIJB!:'/( ~O~~, by Stc'y'CI1 J.LINDA
ABBOTT DomwaR, as Chairman of the School Board of Collier County, Florida who is M
personally known to me or [ ] who produced
as identification.
OTARY PUBLIC
Printed Name:
My Commission Expires:
- ':'. ~~'~0 DIANE M. RUSTAY
, ';.::( fr MY COMMISSION' DD 825012
. .; i/IJ EXPIRES: October 3, 2012
-,; ':;:" &:nded Thru BIMlgel Nolary SIIVices
Acceptance by Grantee:
ATTEST:
Collier County Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
1
Tom Henning, Chairman
Approved as to form and
Legal sufficiency:
Jeff. right
Assis nt County Attorney
DUPLICATE DOCUMENT ISSUED REPLACING
LOST DOCUMENT.
4
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EXIIIBIT A
OR: 4411 PG: 2202
- ----
Legal Description
Elementary "L"
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Legal Description:
Parcel A
The south 260 feet of the North 360 feet of the West ~ of the Northwest Yt of the Northeast Yt of
the Northwest Yt of Section 30, Township 48 South, Range 27 East, Collier County, Florida.
Less the West 30 feet thereof, and also lands described in that order of taking recorded at O.R. Book 3292,
Page 148; public records of Collier County, Florida.
Remaining property area: 1.220 Acres, more or less.
Parcel B
The west one half of the North West quarter ofthe North East quarter of the North East quarter,
Less the North 360 feet thereof,
And less the West 30 feet thereof, reserved for ingress and egress, Section 30, Township 48.
South, Range 27 East Collier County, Florida.
Remaining property area: 2.073 acres more or less.
Parcel C
The West one half of the North one half of the South West quarter of the North East quarter of
Northeast quarter,
Less the West thirty (30) feet thereof: Section 30, Township 48 South, Range 27 East, Collier
County, Florida.
Remaining property area: 2.244 acres, more or less.
Parcel D
The East 1/2 of the West ~ of the east Y2 of the Northeast Yt,
Less the North 100 feet of Right-of-way
And less the South 10 feet thereof
Less Right-of-Way described in O.R. Book 3159, Page 239, Section 30, Township 48 South,
Range 27 east, Collier County, Florida
Remaining property area: 18.415 acres more or less.
Parcel E
OR: 4411 PG: 220} 6 B 5
The west ~ of the Northeast ~ of the Northeast ~ ofthe NortheastI/4,
Less the East 30 feet and less the North 100 feet, Section 30, Township 48 South, Range 27 East,
Collier County, Florida;
And the West ~ of the Southeast ~ of the Northwest ~ of the Northeast~,
Less the East 30 feet, Section 30, Township 48 South, Range 27 East, Collier County, Florida,
And less lands described in the order of taking recorded at O.R. Book 3302, Page 3238, public
records of Collier County, Florida.
Remaining property area: 7.718 acres, more or less
All parcels total area: 31.670 acres, more or less
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