Park Central North HOA INSTR 4715132 OR 4814 PG 3460
RECORDED 7/9/2012 12.02 PM PAGES 8
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
This instrument prepared COLLIER COUNTY FLORIDA
by and return to: DOC @.70$0.70 REC$69.50
Mark J. Price,Esq.
Roetzel&Andress
850 Park Shore Dr., Suite 300
Naples,Florida 34103-3587
(239)649-6200
mprice @ralaw.com
Folio No.00256000003
SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT("Easement") is given this 2 itttday of February, 2011,by
Park Central North Owners'Association, Inc., a Florida non-profit corporation (hereinafter"Park Central
North" or "Grantor"), whose address is 5515 Bryson Drive, Suite 502, Naples, Florida 34109, to the
Board of County Commissioners of Collier County, Florida, as The Governing Body of 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, Park Central North 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 Easement be entered into and recorded in the
land records of Collier County to bind Park Central North; 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:
I. Park Central North hereby grants a non-exclusive easement to Collier County over and
across the Easement Property for the purpose of conservation. Collier County shall have no
responsibility for maintenance of the Easement Property.
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
Page 1 of 4
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. Further,no access, landscape, utility or
other such easements now, or may in the future, exist within the boundaries of 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. The following
exceptions apply:
a. Archaeological surveys or excavations are permissible for areas designated as
archaeological sites by the State or Federal governments or by Grantee; or
b. Uses as permitted by Section 3.05.07.11 of the Collier County Land Development
Code.
3. Park Central North, its 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.
Page 2 of 4
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.
1 1. 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
pei,nit. 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:
WITNESSES: Park Central North Owners' Association, Inc.,
a Florida non-profit corporation
Panted Name: e r
By: =��i
r J ��� / Brian . C.zza�li! ., P dent
l !"
Printed Name: f Z ;
•
Page 3 of 4
State of Florida )
County of Collier )
The foregoing instrument was subscribed, sworn and acknowledged before me this 20 day of
February 2011, by Brian W. Bozza, M.D., a President of Park Central North Owners'Association, Inc., a
Florida non-profit corporation, and who is AT personally known to me or [ ] who produced
as identification.
-.;--..-4 ffz------ ----.
[Notary Seal] ,,,,0�� *�LES/hi1/� Notary Public Signature vp
.;:3 0�: �`,�� •••'N2 iR•••• '% Printed Name: - A C�C M . . 7o+.1 t S
, ,0 V .• ,2,
° Vr °° _ � do I `_ My Commission Expires: Cr:. , a 0 i S
.,J ' ✓ i 1.•
Acceptance by Grantee:
,T' §,' :,:,, BOARD OF COUNTY COMMISSIONERS
f 1GHT E. B . K, CLERK COLLIER COUNTY, FLORIDA
%f
A�i..� if By: �_! ,A•
Dputt.,C1erk / Fred W. Coyle, Chairman
ii
Atte t et to Chit .- i
Approved as to form and
Legal sufficiency:
n `
Jeff E. Wri ht,Assistant County Attorney
Page 4 of 4
McANLY ENGINEERING
_ AND DESIGN GININC.
_ CIVIL ENGINEERING STRUCTURAL ENGINEERING LAND SURVEYING
JUNE 6, 2011
LEGAL DESCRIPTION
PARK CENTRAL NORTH
CONDOMINIUM PARCEL
(EXHIBIT "A")
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA;
THENCE 589°53'48"E 100.00' TO THE POINT OF BEGINNING; THENCE CONTINUE 589°53'48"E
519.59'ALONG THE SOUTH RIGHT—OF—WAY OF COUGAR DRIVE; THENCE S00°16'15"W 316.22' ; THENCE
N89°54' 19"W 521.07' ; THENCE N00°32'17"E 316.30' ALONG THE EAST RIGHT—OF—WAY OF AIRPORT—
PULLING ROAD TO THE POINT OF BEGINNING.
CONTA Q3 %3.171 eJ1CRES MORE OR LESS.
'
T e NST' ' ., T•a.€. ARED BY
WILLIAM C. McANLY P.S.M.
FLORIDA CERTIFICATE NO 1543
2025 J&C BOULEVARD -SUITE 5
NAPLES, FLORIDA 34109-6204
PHONE (239) 593-3299 FAX (239) 593-3298
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IMcANLY ENEE
_ AND DESIGN GIN INCRING.
CIVIL ENGINEERING STRUCTURAL ENGINEERING LAND SURVEYING
JUNE 6, 2011
LEGAL DESCRIPTION
PARK CENTRAL NORTH
CONSERVATION EASEMENT
(EXHIBIT "B")
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA;
THENCE S89°53'48"E 100.00' ; AND S00°32'17"W 144.35' TO THE POINT OF BEGINNING;THENCE
N58°16'34"E 46.25' ;THENCE S89°53'48"E 64.19' ; THENCE N45°06' 12"E 14. 14 ' ; THENCE N00°06'12"E
29. 96' ; THENCE S89°53'48"E 75.17' ; THENCE N45°19'24"E 7.04' ; THENCE N00°32'35"E 13.04' ;
THENCE S89°53'46"E 152.19' ;THENCE S00°06'11"W 13.41' ; THENCE S38°24'57"W 15.85' ; THENCE
N90°00'00"W 33.19' ; THENCE S45°03'06"W 14.13' ; THENCE S00°06' 12"W 81. 97 ' ; THENCE BY A NON-
TANGENT CURVE TO THE LEFT OF RADIUS 81.00' AN ARC DISTANCE OF 125.58' SAID ARC BEING
SUBTENDED BY A CHORD BEARING S44°31' 11"W 113.38'TO A POINT OF TANGENCY; THENCE S00°06'12"W
40.41' ; THENCE N89°54 '19"W 29.77' THENCE S00°05'41"W 14.99' ; THENCE N89°54'19"W 185.12' ;
THENCE N00°32'17"E 171.95' TO THE POINT OF BEGINNING.
CONTAINING'1,. 7 : CRES MORE OR LESS.
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TH1 I 'NSTRU∎ P . y'1.RED BY
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FLORIDA CERTIFICATE NO 1543
2025 J&C BOULEVARD -SUITE 5
NAPLES, FLORIDA 34109-6204
PHONE (239) 593-3299 FAX (239) 593-3298
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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
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. Ian Mitchell, Executive Manager Board of County Commissioners 12
2. Minutes and Records Clerk of Court's Office ,`N,..r. -M q(, /cZ 3fnet
3. _ r _ G r5 �S`t_�I (�("��
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 252-2497
Contact
Agenda Date Item was 6/22/04 Agenda Item Number 16B5
Approved by the BCC
Type of Document Conservation Easement Number of Original 1
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be X
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 possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except 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 fmal negotiated contract date whichever is applicable.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's X
signature and initials are required.
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. N./
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 your 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
County Attorney's Office has reviewed the changes,if applicable.
**Please file in BMR Real Property** 0
op4$- V ' A �/
,n
/In
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05 r�,
r�"1
ul-rIGE OF THE.
��.� �' ATTORNEt
OFFICE OF THE COLLIER COUNTY
ENVIRONMENTAL SERVICES DEPARTME I
INTEROFFICE MEMORANDUM
TO: Board of County Commissioners of Collier County
FROM: Chris D'Arco, Environmental Services Dept.
DATE: 6/25/2012
RE: Acceptance of Conservation Easement
Attached is a Conservation Easement for Park Central North PUD (Ordinance
01-48). 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 Chris D'Arco at (239) 252-2497.
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: 6/25/2012
RE: Attestation and Recording of Conservation Easement
Attached is a Conservation Easement for Central Park North (Ordinance 01-
48) 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 Christopherdarco@colliergov.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
Martha S. Vergara
From: Nadeau, Cathy <cnadeau @ralaw.com>
Sent: Thursday, July 05, 2012 12:50 PM
To: Martha S. Vergara
Subject: Park Central North Owners' Association, Inc., a Florida non-profit corporation (Bozza)/
Conservation Easement Work/PARK CENTRAL NORTH, a Condominium/ File No.
109096.0006
Please take funds from our firm's slush account to record the Conservation Easement.
Thank you.
-cn
Cathy Nadeau, B.S., Real Estate Paralegal and Law Clerk
ROETZEL& ANDRESS, L.P.A.
850 Park Shore Drive, Suite 300
Naples, Florida 34103-3587
Phone No. (239)649-2723/Fax No. (239)261-3659
E-Mail Address: cnadeau@ralaw.com
Web Site: http://www.ralaw.com/
Both Cathy Nadeau and Roetzel&Andress intend that this message be used exclusively by the addressee(s). This message may
contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use
of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the
original message and notify Cathy Nadeau immediately at the phone number listed above.
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used, to (1) avoid penalties imposed under the Internal Revenue Code or(2) support the promotion or marketing
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1