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Primera Iglesia ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ~ n/1.. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 7 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ~I Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and origl I 6 8 5 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 exception of the Chairman's signature, draw a line through 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. Chris D' Arco Phone Number Agenda Item Number Number of Original 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 ofBCC 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 ofBCC 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 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 Primera Iglesia, 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 1685 M 1685 LAW 0 F FIe E S 0 F P A U L A. B L U C HER, P. A. EMINENT DOMAIN-REAL ESTATE TRANSACTIONS }.JoJ \ ~ -:hul~ 18', 2008 VIA OVERNIGHT COURIER Chris D' Arc 0 Environmental Specialist Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, FL 34104 RE: Primera Iglesia Conservation Easment to Collier County Dear Mr. Chris D' Arco: 0L-t..l.l~.?>(, .,. (~ISO Enclosed please find our Trust Account Check No.: 2997 in the amount of$61.70. Once the board has approved the Conservation Easment then forward the document to the clerk of court for recording. Should you have any questions, please feel free to contact our office. Sincerely, aron eed Real Estate Paralegal to Paul A. Blucher sr Enclosure as stated 7300 Delainey Court. Sarasota, Florida 34240. Phone: (941) 361-1145. Fax: (941) 361-1146 Internet: www.fifthamendment.com. E-mail: pab@fifthamendment.com THIS INSTRUMENT PREPARED BY & RETURN TO: NAME: LAW OFFICES OF PAULA. BLUCHER, P.A. 4236967 OR: 4410 PG: 3321 RECORDBD in OllICIAL RBCORDS of COLLIBR CODMfY, lL 12/02/2008 at 09:55AM DWIGHT B. BROCK, CLBRK RBC lBB 69.50 DOC-.70 .70 COPIBS 8.00 MISC 2.00 ADDRESS: 7300 DELAlNEY COURT SARASOTA, FL 34240 Retn: CLBRK TO THB BOARD IMTBROllICB 4TH lLooR BIT 7240 1685 PARCEL LD. # 38165200005 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this 2ND day of l"C\Li ' 2008, by PRIM ERA IGLESIA CRISTIANA MANANTIAL DE VIDA (hereinafter "PRIMERA IGLESIA''), as Grantor, whose address is 5990 Golden Gate Parkway, Naples, Florida 34105-7342, 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, PRIM ERA IGLESIA 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 PRIMERA IGLESIA; 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. PRIMERA IGLESIA, its successors, heirs, assigns and/or transferees, hereby grants a non-exclusive easement to Collier County over and across the property described as Exhibit "8" 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 dumping or placing of soil or other substances such as trash or unsightly or Revised 10/14/05 1 OR: 4410 PG: 3322 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. 1685 3. PRIMERA IGLESIA, 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. Revised 10/14/05 2 OR: 4410 PG: 3323 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: p~'t~me:~c.itr Ocll ~ ~~~ Pri ted Name: f'I1o\'"c..e\o /V\e()~ By: ;rose... WITNESSES: Revised 10/14/05 3 OR: 4410 PG: 3324 STATE OF FLORIDA ) COUNTY OF COLLIER ) 16B5 The foregoing instrument was subscribed, sworn and acknowledged before me this 2. tv 0 day of fY\ 0-'1 ' 2008, by JOSE ESPINOSA, as PASTOR for PRIMERA IGLESIA CRlSTIANA MANANTIAl DE VIDA, and who is [)(] personally known to me or [ ] who produced as identification. ~f~ NOTARY PUBLIC Printed Name: LouRdes. N. Penare. My Commission Expires: #..,.t'lI~ ~lW1~ "A.. ~ "OFl\.1\ (407) 398-0153 LOURDES N. PENATE MY COMMISSION # DD575562 EXPIRES: July t8, 2010 Florida Notary Service.com Revised 10/14/05 4 OR: 4410 PG: 3325 1685 Acceptance by Grantee: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, FLORIDA By: IRMAN Approved as to form and legal sufficiency: By: 5 OR: 4410 PG: 33 SKETCH OF DESCRIPTION 1 UNIT 30, RECORDS B THE WEST 180 FEET OF TRACT 60, GOLDEN GATE ESTATES AS RECORDED IN PLAT BOOK 7, PAGE 58 OF THE PUBLIC OF COLLIER COUNTY, FLORIDA. I I I I ~ r~ ::,.., C)..... I "'.J. 0 C) c: ~c::i<\.) I ~J. Cl:) t ~ 0 to <\.) r...-i I Lw ~ I ~:c: ~ LU ~.~ ~ ~ I L::"'"'40:: O)~ 1J).... :-"tl o C) 0 I _~ -J C) & ~~ <: ~ I \C I I I o P.S.&M. Certificate No. 2982 ovember 28, 2007 Roadway Easement w E The West 180 feet of Tract 60 C) C) c:i Cl:) to lu .... o I...C) ~tO .C: ..... - u o 0 t~ <\.) 0::.... <\.)0 ~ Having a gross area of 122,400 square feet or 2.81 acres, more or less. ~ C) :- 0) :- C) C) <: 5 89'40'50" E 180.00' SOUTH LINE OF TRACT 60 EXHIBIT "A" NOT A SURVEY NOT TO SCALE GENERAL NOTES: 1) All distances are in feet and decimals thereof. 2) Bearings are based on the south line of Tract 60 being N89'40'50"W ~ A. RIGa & ASSOCIATES, INC. PROFESSIONAL LAND SURVEYORS & PLANNERS 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 LAND SURVEYING BUSINESS # 3964 DATE : November 28, 2007 DRAWN BY: A.T. SCALE: NOT TO SCALE SHEET _L OF _L FILE NO. 06.0457.02 ~ OR: 4410 PG: 3327 SKETCH OF DESCRIPTION PRESERVATION EASEMENT being a portion of the West 180 feet of TRACT 60, GOLDEN GATE ESTATES, UNIT 30 ~ GOLDEN GATE PARKWAY r- - C/L of Plotted R/W The Remainder of The West 180 feet I of Tract 60 ~ 180.0' W E tJ5 ~I I ..... 0 I.... a ~~, .... I N 89'40'50" W ~~ ~Cl::ac:: 52.00' c::..... ~' ~ E '- <..> tl tl a a Q.l I E~ ~~(X)CI) Q.l &-;.....lOtl ~ 0:::..... o l.&..J I lwQ.lo CI:l ~I ~ a ~~ :- a a ~(J ~ 0) a , - I a :- lc) / a 0) ~ g a 0) ~ :- C 0::: I: a a '0 , <.t) - a a I") a N 89'40'50" W <: I~a 87.00' POINT OF COMMENCEMENT PRESERVATION I aa la r--.: /: EASEMENT THE SOUTHWEST CORNER 40. 00' <.t) C\j 140.00' OF TRACT 60, GOLDEN S 89'40'50"1 E ~ S 89.40'50" E GATE ESTATES UNIT 30 I I POINT OF SOUTH LINE OF TRACT 60 I BEGINNING I Tract 61 0' 50' ~- 100' 150' I EXHIBIT "B" NOT A SURVEY GENERAL NOTES: 1) P .O.C. indicates Point of Commencement 2) P.O.B. indicates Point of Beginning 3) All distances are in feet and decimals thereof. 4) Bearings are based on the south line of Tract 60 being N89'40'50"W A. TRIGO & ASSOCIATES, INC. PROFESSIONAL LAND SURVEYORS & PLANNERS 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 LAND SURVEYING BUSINESS # 3964 DATE : June 12. 2007 DRAWN BY: H.L.G. SCALE: NOT TO SCALE SHEET ..1_ OF _2_ FILE NO. 06.0457 .---' .-. *** OR: 4410 PG: 3328 *** PRESERVATION EASEMENT 16 B being a portion of the West 180 feet of TRACT 60, GOLDEN GATE ESTATES, UNIT 30 EXHIBIT "B" PROPOSED PRESERVATION EASEMENT, BEING A PORTION OF THE WEST 180 FEET OF TRACT 60, GOLDEN GATE ESTATES, UNIT 30, AS RECORDED IN PLAT BOOK 7, PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT 60, GOLDEN GATE ESTATES UNIT 30; THENCE S. 89.40'50" E. ALONG THE SOUTH LINE OF SAID TRACT 60, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S. 89'40'50" E. ALONG THE SOUTH LINE OF SAID TRACT, A DISTANCE OF 140.00 FEET; THENCE N. 00.19'10" E. ALONG THE EAST LINE OF THE WEST 180 FEET OF TRACT 60, A DISTANCE OF 122.00 FEET; THENCE N. 89.40'50" W. A DISTANCE OF 52.00 FEET; THENCE S. 00.19'10" W. A DISTANCE OF 95.00 FEET; THENCE N. 89'40'50" W. A DISTANCE OF 87.00 FEET; THENCE S. 00.19'10" W. A DISTANCE OF 27.00 FEET, TO THE POINT OF BEGINNING. CONTAINING 8,693.00 SQ. FT. OR 0.20 ACRES MORE OR LESS. '"'., <, \ . :.: ;,-: ~ Prepa~ed., ,by:" - - ...~: ,~)' Sheet 1 of 2 NOTE: See Sheet 2 of 2 for SKETCH OF DESCRIPTION ....