Ngala
THIS INSTRUMENT PREPARED BY & RETURN TO:
NAME: RICHARD D. YOVANOVICH
INSTR 4579650 OR 4696 PG 110
RECORDED 6/28/2011 331 PM PAGES 7 UIT COURT
DWIGHT E. BROCK, CLERK OF THE CIRC
COLLIER COUNTY FLORIDA
DOC@70 $070 REC $61.00
CONS $0.00
ADDRESS: COLEMAN, YOVANOVICH & KOESTER,
P.A.
4001 TAMIAMI TRAIL NORTH
SUITE 300
NAPLES, FL 34103
PARCEL ID. #00334920005
SPACE ABOVE THIS LINE FOR PROCESSING DATA
~'\CE ABOVE TillS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this 7 day of
S~I-,._.!J.:.r , 2010, by D & T LAND, LLC, a Florida limited liability company
(hereinafter "D&T" or "Grantor"), as Grantor, whose address is 2755 Inez Road,
Naples, FL 34117-2906, 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, D&T 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 D& T; 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 "8" (the Easement Property).
NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to
Collier County as follows:
1. D& T, 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.
Conservation Easement
O&T Land, LLC to Collier County
1
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. D&T, 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.
Conservation Easement
0& T Land, LLC to Collier County
2
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.
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.
Conservation Easement
O&T Land, LLC to Collier County
3
--'~~--~"'--"'"'"--~~-'-''''''"'~'~-'''''''~-'-''''',,,,,,---,~--_._-~._--,--,--_._-----
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:
WITNESSES:
~J~
Printed Name: ,0;:,-\-\ "c1~
b~~ S~~~
,
D & T LAND, LLC
a Florida limited liability company
By: 1<. 6~ hJ
R. Donovan Smith, Manager
STATE OF r:;:/Cl, ,.frL )
COUNTY OF ('~II,tf )
The foregoing instrument was subscribed, sworn and acknowledged before
me this 7""'" day of &pleu,\::..:.-er- , 2010, by R. Donovan Smith,
Manager for D & T LAND, LLC, a Florida limited liability company, and who is M..
personally known to me or [ ] who produced his driver's license as identification.
NOTARY PUBllC.STATE OF FLORIDA
~""""""""" Ashley R. Godwin
~ W j Commission # DD688189
...~... ?"pires: JUNE 24, 2011
BONDED THRU ATLA..VI1C BONDlNG CO., me.
:"'1'
My Commission Expires:
Conservation Easement
O&T Land, LLC to Collier County
4
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Acceptance by Grantee:
ATTEST:
DWIGHT E. BROCK, Clerk
'.
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. ,'..~ <" :Lity Clerk
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".(1
80ARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
'}u.~w
FRED W. COYLE, CHAIR
--.
Approved as to form and legal sufficiency:
By:
Conservation Easement
D&T Land to Collier County
5
I SURVEY SKETCH OF LEGAL DESCRIPTION
THIS IS NOT A SURVEY
CUPYRIGHr ['()()'F F LA SIlRV!:YS CORP. I
PAGE 1 OF 2
NOT VAUD WITHOUT
PAGES 2 OF 2
N -" NlJRTH
S -" SOUTH
E -" CAST
101 -" VCS r, OR ANY CDHBlNA TlON THeREOF
I. . -" DCGRECS
i! . -" MINUTes VHEN useD IN A SCARING
3. ' -" SCClJIDS Vl-EN USED IN A BCARING
4_ ' =: FTCT WHEN useD IN A DISTANCE
S. . " INCHES VHEN USED IN A DISTANCE
6_ 1: -" WORE DR LESS' OR ~us OR /If/NUS'
7. POS -" POtHT OF BCGINNINfj
a POC = PfJINT OF COHHENCCHENT
9. RNG= R4MiE
10. see " seCTION
11. TVP= raVNSH!p
POC N'w' CORNER E 1/2
N'w' 1/4 SE 1/4 NE 1/4
SEe 30, T'w'P. 49 S.,
RGE. 27 E.
NORTH LINE OF THE E
1/2 N'w' 1/4 SE' 1/4 NE
1/4 SEe 30, T'w'P. 49 S.,
RGE. 27 E.
S.00'02'14''w'
30.43'
330.49'
S. 87'1 Y55'E.
12.10'
II)
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M
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<')
~
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~
<\J
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~
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'w'EST LINE OF
THE E 1/2 N'w'
1/4 SE 1/4 NE
1/4 SEe 30,
T'w'P. 49 S.,
RGE, 27 E.
!
W$E
t
12.10'
SCALE I' = lOa'
ABB1?f:V/ArIC1NS
~~
o ~ ~ ~ ~
Gf<APHIC "';Ctl.LE
F .L.A. 'SURVEYS
I PROFESSIONAL LAND SURVEYORS
4627 ARNOLD AVE., SUITE 1
NAPLES. FLORIDA 34104
239~403~1600 FAX 403-8600
CORP.
& MAPPERS-LB 6569
EAST LINE OF
THE E 1/2 N'w'
1/4 SE 1/4 NE
1/4 SEe 30,
T'w'P. 49 S.,
RGE. 27 E.
REVISIONS
PROJECT "NO: II
09-1048~
C[)PYRrGHr 2OO'r. r LA SURVEYS CORP. I
PAGE 2 OF 2
NOT VALID WITHOUT
PAGES 1 OF 2
1'8URVEY SKETCH OF LEGAL DESCRIPTION
THIS IS NOT A SURVEY
LEGAL DESCRIPTION - CONSERVATION EASEMENT
A TRACT OR PARCEL OF LAND LYING IN THE EAST ONE -HALF
(E 1/2) OF THE NORTHWEST ONE QUARTER (NW 1/4) OF THE
SOUTHEAST ONE QUARTER (SE 1/4) OF THE NORTHEAST ONE
QUARTER (NE 1/4) OF SECTION 30, TO'v/NSHIP 49 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, SAID TRACT OR PARCEL OF
LAND BEING MORE PAR TICUL ARL Y DESCRIBED AS FOLLOt-/S:
COMMENCING A T THE NORTHt-/EST CORNER OF THE EAST
ONE-HALF (E 1/2) OF THE NORTHWEST ONE QUARTER (NW 1/4)
OF THE SOUTHEAST ONE QUARTER (SE 1/4) OF THE
NORTHEAST ONE QUARTER (NE 1/4) OF SECTION 30, TOWNSHIP
49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, THENCE RUN
5.00"02'14'W, ALONG THE WEST LINE OF SAID FRACTION OF A
SECTION FOR 30.43 FEET TO AN INTERSECTION WITH A LINE
PARALLEL WITH AND 30 FEET SOUTH OF THE NORTH LINE OF
SAID FRACTION OF A SECTIONj THENCE RUN S.87"15'5YC
ALONG SAID PARALLEL FOR 12.10 FEET TO THE POINT OF
BEGINNING.
FROM SAID POINT OF BEGINNING, CONTINUE S,87"15'5YC
ALONG SAID PARALLEL LINE FOR 330,49 FEET TO THE EAST
LINE OF SAID FRACTION OF A SECTIONj THENCE RUN
S,00"03'1O'C ALONG THE EAST LINE OF SAID FRACTION OF A
SECTION FOR 383.68 FEETj THENCE RUN N.87"15'5YW"
PARALLEL WITH THE NORTH LINE OF SAID FRACTION OF A
SECTION, FOR 331.09 FEET TO A POINT 12.10 FEET EASTERL Y
OF THE WEST LINE OF SAID FRACTION OF A SECTIONj THENCE
RUN N.00"02'14'W" PARALLEL WITH THE WEST LINE OF SAID
FRACTION, FOR 383.65 FEET TO THE POINT OF BEGINNING.
CONTAINING 2.91 ACRES OF LAND, MORE OR LESS.
BEARINGS HD;:EINABOVE MENTIONED ARE BASED ON A BEARING
OF S.87"15'55T. ALONG THE NORTH LINE OF SAID FRACTION
OF A SEC TION.
CERTIFICATION :
I CERTIFY 1HA T 1HIS SKETCH WAS MADE UNOER MY DIRECTION AND 1HA T IT MEETS
THE MINIMUM TECHNICAL STANDARDS SET FOR1H BY THE BOARD OF PROFESSIONAL
LAND SURVEYORS AND MAPPERS IN CHAPTER 61GI7-6. FLORIDA AOMINISTRA TIVE
CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
BY :_____~ljJ&,~_---------- SURVEY DATE ___~::~~::~~O~_
LELAND F. DySAm( PLS #3659
REVISIONS
F.L.A. SURVEYS CORP.
I PROFESSIONAL LAND SURVEYORS & MAPPERS-LB 6569
4627 ARNOLD AVE.. SUITE 1
NAPLES. FLORIDA 34104
239-403-1600 FAX 403-B600
PROJECT ",NO: II
09-1048~
~1(
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
excention of the Chairman's simature, draw a line throug:h routin<< lines #1 throuID1 #4, COffiDlete the checklist, and forward to Sue Filson (line #5)
Route to Addressee(s) Office Initials Date
(List in routing ord~\
l. Ian Mitchell, Executive Manager Board of County Commissioners ~ ~l 1. i>l \l
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 Bee 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 Bee has acted to approve the
item.
Name of Primary Staff Chris 0' Arco
Contact
Agenda Date Item was 6/22/04
A roved b the BCC
Type of Document
Attached
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 thc 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
document or the fmal ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
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 14 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlin<:s!
6. The document was approved by the BCC on (enter dat.) and all cbanges
mad. during the meeting have been incorporated in the attacbed document. The
Count Attorne 's Office bas reviewed the cban es, if a licable.
**Please file in BMR Real Property"
152-2497
16B5
Yes
(Initial)
X
pJ
\;
N/A (Not
A licable)
X
I: Formsl County Forms/ BeC 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:
03/24/2011
RE:
Acceptance of Conservation Easement
Attached is a Conservation Easement for NGALA-Close Up Creatures. 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.
Attachments
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:
03/24/11
RE:
Attestation and Recording of Conservation Easement
Attached is a Conservation Easement for NGALA-Close Up Creatures which
has been approved by the Board of County Commissioners. Please attest as
usual and hold the original documents until the applicant provides payment for
recording. Then forward the packet to the Recording Department.
Thank you for your assistance in this matter. Please send me a copy of the
receipt via interoffice mail.
Please send an email to Christopherdarcolillcolliergov.net when the easement
has been recorded.
If you have any questions, feel free to contact me at (239) 252-2497.
Attachments
Routing Slip
Conservation Easement
-.,..,~~~,..~.,-~,~,--~,~-~"--~,_..,.~.,_."..."._,..,.,
SITE VISIT REPORT
PROJECT NAME: Ngala-Close Up Creatures
CONDUCTED BY: Chris D'Arco
DATE OF SITE VISIT:
7131/10
FINDINGS:
Preserve area is free and clear of buildings, structures, power lines, fences, dikes,
garbage, offensive material, abandoned vehicles, petroleum products and any other
contamination. The site shows no signs of dredging or removal of soil or plant material.
The conservation easement property has generally been left in its natural state. The only
alteration from its current state that is allowed is the hand removal of exotic species and
nuisance vines.