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Unitarian Universalist Congregation ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 'BS 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 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. 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 Contact Agenda Date Item was A roved b the BCC Type of Document Attached Chris D' Arco Phone Number June 22, 2004 Agenda Item Number 1. ~JtIllber of Original L..L.v\ ..... rut un v m-cuments Attached ~ 'Dr) INSTRttCTIONS & 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 ature 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 Coun Attorne's Office has reviewed the chan es, if a Iicable. 2. 3. 4. 5. 6. 252-2497 16B5 CD CD CD CD CD 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: Board of County Commissioners of Collier County FROM: Chris D'Arco, Environmental Services Dept. DATE: June 2, 2008 RE: Acceptance of Conservation Easement Attached is a Conservation Easement for Unitarian Universalist Congregation of Greater Naples, Inc. 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) 252-2497. 1685 l6Bt:: -' 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: June 2, 2008 RE: Attestation and Recording of Conservation Easement Attached is a Conservation Easement for Unitarian Universalist Congregation of Greater Naples, Inc. 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. y~ This Instrument Prepared by & return to: Name: James H. Siesky, Esquire 4174038 OR: 4366 PG: 3191 RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL 06/04/2008 at 08:57AM DWIGHT B. BROCK, CLBRK RBC PBB 69.50 DOC-,70 .70 COPIBS 8.00 Retn: CLBRK TO THB BOARD INTBROPFICB BIT 8411 1685 Address: 1000 North Tamiami Trail Suite 201 Naples, Florida 34102 Parcel I.D. #38330680007 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this jt)'f,^, day of i/LUjuh 2008, by Unitarian Universalist Congregation of Greater Naples, Inc., a Florida corporation not for profit (hereinafter "Unitarian" or "Grantor"), as Grantor, whose address is 6340 Napa Woods Way, Naples, FL 34116, 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, "Unitarian" 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 "Unitarian"; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to use and maintenance of the conservation area described in the attached Composite Exhibit "B" (hereinafter referred to as the "Easement Property"). NOW, THEREFORE, "Unitarian" hereby conveys a Conservation Easement to "Collier County" as follows: 1. "Grantor", 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. OR: 4366 PG: 3192 1685 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 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. "Grantor", 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. 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. OR: 4366 PG: 3193 16Br:: 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 ofthe 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: ~-~ 'a;d Name: (!Arq ,J (J. D"''f riC ~d/~' 4:t:/dL-- Printed Name:t!II-qJ.L J' Roe--n-eL.6 Unitarian Universalist Congregation of Greater Naples, Inc., a Florida WITNESSES: By: Roger A. Brown, President OR: 4366 PG: 3194 STATE OF FLORIDA) LeC COUNTY OF COLLIER) The forelOing instrument was subscribed, sworn and acknowledged before me this ,~' rL day of '1o/c.t.. ,2008, by Roger A. Brown, as President of Unitarian Universalist Congregation of Greater Naples, Inc., and who is [ ] personally known to me or [.}Who produced rL. D.t-\~ ce. s L ICtr-.F~ as identification. 1685 c-/) , ""__,,~rn~{d /11 !l:191c ' (/' NOTARY PUBLIC Printed Name: /JJ /-ft:c.A M If Yy77 My Commission Expires: ~1:.t;r,t;~< PAMELA M. HYYTI . *~ MY COMMISSION # DO 631212 EXPIRES: May 24, 2009 80Ilded Thru Notary Public Undtlwrlters OR: 4366 PG: 3195 1685 Acceptance by Grantee: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 5~ TOM HENNING, CHAIRMA ,i\y... . . 'k i;;,,', {\., f~ Cf':l. k ~(; ""'. .~;?ii : ~r .?~< ". Attts.t ~--l .. ChI t-- I ...................J',:>... 4.~ '. .;~~~.,~. . '- , .'.'J}~-;.:t ,'. s........~t&t1 " " '~..<',;";;,......,~,, " . '4/1./," _. .,...\.'~ ~ :;-..,.!Jfy' ,. l<.:t'.!....~ , ":"':-t~,~:\ ,,'.t <~(i Approved as to form and legal sufficiency: , By: right tant County Attorney , ~i ltem# ~(?S Agenda b\~f3l Dale ~'-'1 ~: \o\~\t16 OR: 4366 PG: 3196 16S5 EXHIBIT "A" "PROPERTY" The West 180 feet of Tract 12, Golden Gate Estates Unit No. 33, according to the plat thereof recorded in Plat Book 7, Page 60, of the Public Records of Collier County, Florida. OR: 4366 PG: 3197 1.685 EXHIBIT "B" "EASEMENT PROPERTY" *** OR: 4366 PG: 3198 *** SKETCH AND LEGAL DESCRIPTION - EASEMENT LOCATED WITHIN THE WEST 180 FEET OF TRACT 12, GOLDEN GATE ESTATES UNIT NO. 33 1685 TRACT 7 TRACT 11 P,O.C. NORTH'vIEST CORNER OF TRACT 12, GOLDEN GATE ESTATES UNIT NO, 33 13.00' N 89040'500 E 167.00' P.O.B, " S C> C> (J'\ C> ...... C> o()J o TRACT 6 TRACT 12 LEGAL DESCRIPTION: 87.00' S 89040'500 'vi I I I I I I I I I I I I I I I I I 85.00' I S 89040'500 'vi ~ -AVE!lUE- ~ (60' RIGHT -OF - W'A Y) COMMENCING AT THE NORTHWEST CORNER OF TRACT 12, GOLDEN GATE ESTATES UNIT NO. 33 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 60 PUBliC RECORDS OF COLliER COUNTY, FLORIDA; THENCE CONTINUE ALONG THE NORTH liNE OF SAID TRACT 12 N 89'40'50" E FOR A DISTANCE OF 13.00' FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE NORTH liNE OF SAID TRACT 12 N 89'40'50" E FOR A DISTANCE OF 167.00 FEET; THENCE S 00'19'10" E FOR A DISTANCE OF 600.00 FEET; THENCE S 89'40'50" W FOR A DISTANCE OF 85.00 FEET; THENCE N 00'19'10" W FOR A DISTANCE OF 400.00 FEET; THENCE S 89"40'50" W FOR A DISTANCE OF 87.00 FEET; THENCE N 00'19'10" W FOR A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. HAVING AN AREA OF 1.57 ACRES MORE OR LESS. BEARING BASED ON 12TH AVENUE S.W. BEING S89'40'50"W PER PLAT OF UNIT 33 z I I w .t. " 03 ~er. 0...... o 0 ~o o :3 (/) 25' 50" 75' 100' , LEGEND " o ...... 0 (J'\ 0 ...... 0 o 0 g "<j" SCAlE " - 100' lHlS EXHIBIT MAY HA'IE BEEN REDUCED P.O.C. P.o.8. V.E. PLS LB POINT OF COIN<NCEII<NT POINT OF B<GlNNJNG VTlUTY EASEJENT PROffSSIONAL LANa SURI'E"~ UCENSEf) BUSINCSS z >- Z 4J ::t 4J III -< 4J I N ;:: ~ f!: 1lUEIl: April. 30. 21)07 NOT VALD W/1ffOIJT THE: Sl(INAnJRC IIHD THE: ORIGINAL 1WSED SE'AL OF A Fl.0RfDA LICENSED SllRI'E"~ IIHD lIAPPGI. flJ 'J'WI'I4, & flJ'J'WI'I4" J 'nC. ~~:I~,^,&,/::::: ~ "~.K'.. :a Stili .K'..,.... ~ SJlIOt (U9) t61 - 5965