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Elementary School "K" ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 B THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 5 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 exception of the Chairman's signature, draw a line through routing lines #1 throu2h #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. r- 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 Contact Agenda Date Item was 6/22/04 A roved b the BCC Type of Document Attached Phone Number 530-6290 Agenda Item Number 16B5 Conservation Easement t:,~~ S~l~ 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. 1: 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 "K". 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 "K", 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]" Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Information Sheet for Deeds and other documents transferring interest in Real Property. From: __ Th~ Scho~~ Distri~ of~ollie=- Co,:nt~lorida _________ (Grantor/Seller) Collier County, Florida, a political subdivision To: ____________________________________ ( Grantee/Buyer) Date of SalelTransfer: Consideration for this transfer was $ _-=-~___________(m~~__~cs_J22!41____" Signature of Grantor, Grantee or Agent" ~~# (The following Recording information to be completed by Clerk of Circuit Court's Office) OR Book: Page #: _____________ Date Recorded: i:> ~~ ,\'0 I {> I}/U , \)\::>.. \ \)' '\-. I .:)...' \}\)IO\ -(). 'J.. ' ,x. , " V U to1 'I!.'J., THIS INSTRUMENT PREPARED BY & RETURN TO: NAME: RICHARD WITHERS SCHOOL BOARD ATTORNEY ADDRESS: SCHOOL DISTRICT OF COLLIE COUNTY 5775 OSCEOLA TRAIL, FIFTH FLOOR NAPLES, FL 34109-0919 1685 4238102 OR: 4411 PG: 2224 RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL 12/04/2008 at 02:47PM DWIGHT B. BROCK, CLBRK RBC PBB 69.50 DOC-.70 .70 COPIES 16.00 MISC 4.00 Retn: CLBRK TO THB BOARD INTBROPPICB 4TH PLOOR BIT 8406 PARCEL LD. # 00071040604 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT (Elementary K) THIS CONSERVATION EASEMENT given this J~ J-., day of C!:/e-t-o h c.../ , 2008, by The School District of Collier County, Florida (hereinafter "School District''), as Grantor, whose address is 5775 Osceola Trail, Naples, Florida 34109-0919 to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County'') as 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, the School District 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 dumping or placing of soil or other substances such as trash or unsightly or Revised 10/14/05 1 OR: 4411 PG: 2225 offensive materials shall be permitted on the Easement Property. There shall be 16 B 5 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. Revised 10/14/05 2 OR: 4411 PG: 2226 10. This Conservation Easement shall run with the land and shall be binding 1 6 B 5 ~I 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. 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: School District of Collier County, FL Revised 10/14/05 3 OR: 4411 PG: 2227 STATE OF FLORIDA ) COUNlY OF COLLIER ) 1685 The~Oing instrfie~t. was ~bscribed, sworn and acknowledged before me this day of UGtJS I ,2007, by Steven J. Donovan, as Chairman of the School Board of Collier County, Florida and who is [ ] personally known to me or [] who produced .b t.~~ as identi cation. I ~\IJoYflll. My Commission Expires: Acceptance by Grantee: BOARD OF COUNlY COMMISSIONERS COLLIER COUNlY, FLORIDA ....[)e ... . .. :erk ,:4;~.~t~~t.~~fiO eNt,.... , '1~Ifttt. Oft t " Approved as to form and Legal sufficiency: BY: Jeff E. ssistant County Attorney , . Revised 10/14/05 4 EXHIBIT A OR: 4411 PG: 2228 LEGAL DESCRIPTION SCHOOL "K" COLLIER COUNTY, FLORIDA EXHIBIT '~ -1 " 168 A PARCEL OF LAND LOCATED IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, AND RUN NORTH 00'17'02" WEST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, A DISTANCE OF 30. 15 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 84'31 '45" WEST, PARALLEL WITH AND A PERPENDICULAR DISTANCE OF 30.00 FEET FROM THE SOUTH LINE OF SAID SOUTHWEST 1/4, A DISTANCE OF 833.20 FEET,' THENCE RUN NORTH 00'17'02" WEST, PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST 1/4, A DISTANCE OF 1,275.69 FEET TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF CARSON ROAD (60 FOOT RIGHT-OF-WAY); THENCE RUN SOUTH 89'46'49" EAST, ALONG SAID WESTERLY PROLONGATION, A DISTANCE OF 829.03 FEET TO A POINT ON SAID EAST LINE OF THE SOUTHWEST 1/4 AT THE INTERSECTION WITH SAID SOUTHERLY RIGHT-OF-WAY LINE OF CARSON ROAD; THENCE RUN SOUTH 00'17'02" fAST, ALONG SAID EAST UNE, A DISTANCE OF 1,351.95 FEET TO SAID POINT OF BEGINNING; CONTAINING 1,089,159.60 SQUARE FEET, OR 25.00 ACRES, MORE OR LESS. NOTES: 1.) BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE. THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 30 HAS A REFERENCE BEARING OF SOUTH 00'17'02" EAST. 2.) SUBJECT TO EASEMENTS, RESERVATIONS AND/OR RESTRICTIONS OF RECORD. J.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. '2 I "'7 ~1~-~ SIGNATURE DATE SIGNED: ERIC 1/. SANDOVAL (FOR TM;: FIRM - LB-734) PROFESSIONAl. SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5223 NOT VAUD WITHOUT TH'E SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. * THIS IS NOT A SUR VEY ., DRAWN BY: REC JOB NO.: 06702.00 SHEET 1 OF 2 (:2.;59 ) LEGAL DESCRIPTION ELEMElvTARYSCHOOL "j(" SCHOOL BOARD OF COLLIER COUlvTY SECTION 30. TOWNSHIP 46 SOUTH, RANCE 29 EAST. COLLiER COUNTY, FLORIDA DATE: MARCH 2007 DRAWING: SCHOOL-K-A U].. 8 I 0' 100' 200' SCALE IN FEET EXHIBIT A OR: 4411 PG: 2229 16 5 EXHIBIT '~-2" CARSON ROAD S 89"46'49" E 829.03' ~ ~ t-..; c-.~ -. i.-, ~ ~ .0) ~ i;) ~ "i "'t: C"'") .... l.O CQ...... ~ r... llJ S I ~: V)<::l ~~ "') ..... >::> . ll<r-...~<: ~ ~:j~ ~<:::> J.;: "- <;;:> l.tj~ t.) ~ ~ . SCHOOL "K" (AREA.' 25.00 ACRES :t) ~ t-.. 0" 8 ~ POINT OF BEGINNING - .. "'-. s. LINE: SW;/4 SeCTION 30-46-/9 -'-" N 340:2!'A-" .J -f.) W 833.20' '- . POINT OF COMMENCEMENT SE CORNER. STY 1/4, SECTION 30-46-29 '" THIS IS NOT A SUR VEY >I' DRAWN BY: REG JOB NO.: 06702.00 SHEET 2 OF 2 SKETCH TO ACCOMPANY LEGAL DESCRIPTION ELE.~fENTAR Y SCHOOL "J(" SCHOOL BOARD OF COLLIh"R COl1J1iTY SECTION 30, TOWNSHIP 46 SOUTH, RANCE 29 EAST. COLLIER COUNTY, FLORIJ)A DATE: MARCH 2007 DRAWING: SCHOOL-K-A (:239) EXHIBIT B OR: 4411 PG: 2230 168 LEGAL DESCRIPTION SCHOOL "K" COLLIER COUNTY, FLORIDA NATIVE VEGETATION PRESERVE EXHIBIT ''B-1'' A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE A T THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00'17'02" WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 30, FOR A DISTANCE OF 1,382.10 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CARSON ROAD (60 FOOT RIGHT-OF-WAY); THENCE RUN NORTH 89'46'49" WEST, ALONG THE WESTERLY PROLONGATION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID CARSON ROAD, FOR A DISTANCE OF 322.59 FEET; THENCE RUN SOUTH 00'13'11" WEST FOR A DISTANCE OF 64.01 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE SOUTH 00'13'11" WEST FOR A DISTANCE OF 165.00 FEET,' THENCE RUN NORTH 89'46'49" WEST, PARALLEL WITH THE WESTERLY PROLONGATION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID CARSON ROAD, FOR A DISTANCE OF 100.00 FEET; THENCE RUN NORTH 00'13'11" EAST FOR A DISTANCE OF 165.00 FEET; THENCE RUN SOUTH 89'46'49" EAST FOR A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING; CONTAINING 16,500 SQUARE FEET, OR 0.379 ACRE, MORE OR LESS. NOTES: 1.) BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE. THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, HAS A REFERENCE BEARING OF NORTH 00.,7'02" WEST. 2.) SUBJECT TO EASEMENTS, RESERVATIONS AND/OR RESTRICTIONS OF RECORD. 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. ~~t(f~rJl -3,/9-0] DATE SIGNED: ERIC V. SANDOVAL (FOR THE FIRM - LB-734) PROFESSIONAl SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5223 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAl OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ~4Ii ~ CONSUlTING (NGIN(m~ IN~ environmental _ civil _ structural. survey 0621 Bonne,.. Drive Fort Myers. Floorlda .:5.:3912 (23S) 27B- 1 SS2 - FAX (23S) 27B-OS22 E-MAIL t.k'WO"tk'WonlTne.eorn CertT1'TcotTon ", 734 * THIS IS NOT A SUR VEY * DRAWN BY: REG JOB NO.: 06702.00 SHEET 1 OF 2 LEGAL DESCRIPTION ELEMENTARY SCHOOL "K" SCHOOL BOARD OF COLLIER COUNTY SECTION 30, TOWNSHIP 46 SOUTH, RANCE 29 EAST, COLLIER COUNTY, FLORIDA DATE: MARCH 2007 DRAWING: 06702.00-NP-A ~ a. EXHIBIT B *** OR: 4411 PG: 2231 *** - _16-B CARSON ROAD (:) EXHIBIT ''B-2'' N 89046'49" W 829.03' ...... L5 ""-l N 89046'49" W 322.59' NATIVE VEGETATION PRESERVE (AREA: 0.379 AC.t) POINT OF BEGINNING I 0' 100' 200' SCALE IN FEET ~ ~ tl ~ ~ ..... ;;- 8 '" SCHOOL "K" (AREA: 25.00 ACRES :t) - <:::, ~-: ~-:&:1 t;:j~~ :<<:..... ~ ~~= ~~- "<~ - ~t::~ l.t;lQ ..... fl:l"';;- ""<=>8 ~~ LINE TABLE LINE BEARING LENGTH ~o., ~~ L1 Soo013'1l"W 64. 01' -~ ~"<I- L2 Soo013'1l"W 165.00' <J')I ~ L3 N 89046'49" W 100.00' ~<: L4 Noo013'11"E 165.00' ::j~ L5 S 89046'49" E L...j~ 100.00' ~ S 84031'45"8833.20' N (}(}017'O2" W 30.15' S. LINE. 'sW j' .. SECTION 'JO-46'(J'g "-"- "-" POINT OF COMMENCEMENT SE CORNER, SW 1/4, SECTION 30-46-29 * THIS IS NOT A SUR VEY * DRAWN BY: REG JOB NO.: 06702.00 SHEET 2 OF 2 SKETCH TO ACCOMPANY LEGAL DESCRIPTION ELEMENTARYSCHOOL ''K'' SCHOOL BOARD OF COLLIER COUNTY SECTION 30, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA (239) DATE: MARCH 2007 DRAWING: 06702.00-NP-A II) -- a: