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Living Word Family Church, Inc (Parcel ID #00217960001) INSTR 5007330 OR 5057 PG 3625 RECORDED 7/15/2014 10:13 AM PAGES 12 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC @.70$0.70 REC$103.50 THIS INSTRUMENT PREPARED BY&RETURN TO: NAME: C.LANE ROOD SALVATORI,WOOD&BUCKEL,P.L ADDRESS: 9132 STRADA PLACE,FOURTH FLOOR NAPLES,FLORIDA 34108-2683 PARCEL LD. #00217960001 CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this � � day of , 2014, by Living Word Family Church, Inc. as Grantor, a Florida Corporation, (he einafter "Living Word Family Church" or "Grantor") whose address is 7550 Mission Hills Drive, Suite 314 Naples, FL 34119, 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, Living Word Family Church 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 "Living Word Family Church 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 Living Word Family Church; 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. Living Word Family Church, 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. Revised 7/15/13 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. 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.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. Living Word Family Church, 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. Revised 7/15/13 2 CA 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. 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: WIT ESSES: Living Word Family Church, Inc. a Florida Corporation Pri -d :fie: r ..r �►��..A By: _ ' is!1iIIV Printed Name: C■.e � G�ev1Q-!'- Rev. caul Fo•lie , President Revised 7/15/13 3 Cq STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was subscribed, sworn and acknowledged before me this 1 .. day of , 2014, by Rev. Paul Foslien as President for Living Word Family Church, Inc. and who is [ ] personally known to me or [ ] who produced F as identification. JOTARY UBLIC J /Printed Name: /9-(1 r1 - I"4 ) C My Commission Expires: ••iiaY Pue'�•,, ANNE-MARIE POKIER • PO, °�: Notary Public-State of Florida _ +:' Comm.Expires Mar 31,2015 .';; '!`' ;• My Commission di EE 79506 Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA atef- kif"'-c' ,'xs By: •r Of_ - 4 - - Deputy Clerk P om Henning, Chair an Attest as to Chairman J signature only. Approved as to Form and l6gality Scott A. Stone Assistant County Attorney C P\11-EN S-00442\4 Accepted on behalf of Collier County pursuant to Resolution 2010-039 Revised 7/15/13 4 ('AO EXHIBIT A NORTH 1/4 CORNER — - - OF SECTION 30 NORT_H�INE OF NE 1/4 OF SECTION 30 _ �- - -- 8 '29"E64374' IMMOKALEE ROAD o SO2'10'24"E 178.47' STATE ROAD M6 —0 — _ --——_ RIGHT-OF-WAY TAKING FORMER-RIGHT-OF_WAY LINE __RIGHT-OF-WAY TAKING RIGHT-OF-WAY I (OR 3302, ————'- L1 ��OR 3252.L5 230) (OR 3302, PG 3248) ——— I L7 PG 3248) III —I — --------- — L6 PARCEL NO. — L3 L4 00218000009 o I (OR 747, co PG 377) J J 150' PARCEL NO. 00215000002 co I (OR 4247, PG 3860) o r1 L9 EAST PARCEL E5 NORTH I O co 1/2 OF THE NE 1/4 OF THE I N M I NW 1/4 OF THE NE 1/4 N 0 d LESS NORTH 188.20' AND I I 0 a 0 d LESS THE WEST 150' PARCEL NO. 00215080006 p r OZ N. N (OR 4807, PG 1236) Z N J N-1 ° PARCEL 3 p Up �o CV I EAST 1/2 OF THE SOUTH 1/2 41 a� cc av o OF THE NE 1/4 OF THE NW u7 co I a I 1/4 OF THENE1/4 co LESS THE EAST 30' •c- > I PARCEL 1 PARCEL NO. 00218040001 w I re WEST 1/2 OF THE EAST 1/2 I (OR 3967, PG 3016) 19 E 322.08' OF THE WEST 1/2 OF THE Ngg°04' NE 1/4 LESS THE SOUTH 10' I M p — AND THE NORTH 10' PARCEL 10 0 — PARCEL NO. 00214920002 NE 1/4 OF THE SE 1/4 OF wire (OR 3841, PG 2873) I THE NW 1/4 OF THE NE 1/4 I� LESS EAST 30' FOR ROAD I D RIGHT-OF-WAY I O F- PARCEL 2 PARCEL NO. 00219040000 ry EAST 1/2 OF THE SW 1/4 OF (OR 4016, PG 2007) I rn THE NW 1/4 OF THE NE 1/4 a SECTION 30, TOWNSHIP 48 E SOUTH, RANGE 27 EAST LESS THE SOUTH 20' FP&L EASEMENT 30' \ .-- (OR 4510, PG 2050) o I PARCEL NO. 00216720006 o (OR 4105, Pc lsoo) PARCEL6 \\I Z THE SE 1/4 OF THE SE 1/4 10' OF THE NW 1/4 OF THE NE 1/4 LESS EAST 30 FEET FOR INGRESS AND EGRESS E J PARCEL NO. 00217960001 H MATCHLINE SEE SHEET 2 - (OR 2555, PG 2231) co 0 N. 0 C IN r r - LINE TABLE LINE TABLE LINE TABLE v 0 N LINE BEARING DISTANCE LINE BEARING DISTANCE LINE BEARING DISTANCE a L1 N86'03'29"E 29.01' L5 N86'03'29"E 129.75' L9 N86'03'54"E 150.07' T L2 S03'56'31"E 19.81' L6 SO3'56'31"E 10.00' L10 NO2'11'31"W 146.44' 0 c L3 N86'03'29"E 109.21' L7 N86'03'29"E 53.66' L11 N86'03'29"E 141.85' m• 0 50 100 200 L8 802'11'31"E 146.42' L4 NO3'S6'31"W 19.99' E (INTENDED DISPLAY SCALE:1"=200') 0 v '6 NOTES: • 1. BEARINGS SHOWN HEREON ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE, NORTH AMERICAN DATUM OF 1983 (NSRS 2007), WHEREIN THE NORTH LINE OF NORTHEAST QUARTER (NE-1/4) OF 1 SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST BEARS s NORTH 86' 03' 29" EAST. a, 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO ZONING N OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL. 1 3. OR = OFFICIAL RECORDS BOOK 0 4. PG = PAGE THIS IS NOT A SURVEY 0 5. DESC. = DESCRIPTION M 6. PARCEL CONTAINS 1,648,729 SQUARE FEET OR 37.85 ACRES, MORE • o OR LESS. j T.., y 7. DESCRIPTION ATTACHED. `, srw.i.Jia, BARRY E. YREN '(FQ�•'1 FIRM 6�4�) i i PROFESSIONAL SURVE „Qc1�1 MXP R`f? "I, N FLORIDA CERTIFICATE`�NE/536Gr'V '']' ..` NOT VALID WITHOUT SHEETS 2&3 OF 3 °n DATE SIGNED: ( ' e.,04 r ° ro LIVING WORD FAMILY CHURCH NOT VALID WITHOUT THE IGNATURE AND T,HIE !:: 5 LYING IN THE NORTHEAST QUARTER(NE-1/4) N SECTION 30,TOWNSHIP 48 SOUTH,RANGE 27 EAST ORIGINAL RAISED SEAL OF A FLORIDA LICEN SURVEYOR AND MAt? zi a-0 COLLIER COUNTY,FLORIDA P�3a'a ""4''� s° �, SKETCH TO AC(�'1�!i l `'-`N``�� JOHNS 2350 STANFORD COURT NAPLES, FLORIDA 033 DESCRIPTION - ,,.�'' PHONE (239) 434-0333 FAX (239) 434-9320 ENGINEERING E.B. #642 DATE 05/30/14 IPR20139505 IF130N48-27 ISCILE 200 ISHE1 OF 3 5 0 EXHIBIT A MATCHLINE -SEE SHEET 1 PARCEL 8 IQ c0 THE SOUTH 20 FEET OF THE EAST THE SE 1/4 OF THE SE 1/4 1/2 OF THE SW 1/4 OF THE Nw OF THE NW 1/4 OF THE NE O TOWNSHIPS 4N8E SOUTH, RANIGE 320i 1/4 LESS EAST 30 FEET I�PARCEL NO. 00218400007,,t0 EAST AS RECORDED IN OFFICIAL FOR INGRESS AND EGRESS to (OR 3976, PG 3714) p RECORDS BOOK 4874, PAGES PARCEL NO. 00217960001 WZ 1750-1753 OF THE PUBLIC RECORDS (OR 2555, PG 2231 RAMSEY STREET OF COLLIER COUNTY, FLORIDA ( ) — PARCEL1 — PARCELB 4— N86°05'09"E 322.29' ' WEST 1/2 OF THE EAST 1/2 amp N_ 4 S86°05'09'W 322.30' t OF THE WEST 1/2 OF THE THE EAST 1/2 OF THE NORTH NE 1/4 LESS THE SOUTH 10' 1/2 OF THE NE 1/4 OF THE W AND THE NORTH 10' SW 1/4 OF THE NE 1/4 LESS FII PARCEL NO. 00214920002 THE EAST 30 FEET FOR N 0o (OR 3841, PG 2873 PARCEL 9 ry ( 2873) INGRESS AND EGRESS ,,r I THE SOUTH 20 FEET OF THE CO PARCEL 7 PARCEL NO. 00217960001 WEST 1/2 OF THE SOUTHWEST 1.13 THE NORTH 20 FEET OF THE (OR 2555, PG 2231) g I 1/4 OF THE NORTHWEST 1/4 OF EAST 1/2 OF THE NW 1/4 OF THE NORTHEAST 1/4 OF THE SW 1/4 OF THE NE 1/4 OF \L SECTION 30, TOWNSHIP 48 SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST AS 30 SOUTH, RANGE 27 EAST, RECORDED IN OFFICIAL RECORDS COLLIER COUNTY, FLORIDA AS o BOOK 4874, PAGES 1750-1753 RECORDED IN OFFICIAL RECORDS p OF THE PUBLIC RECORDS OF S86°05�34„W 292.39' BOOK 4874, PAGES 1750-1753 Z COLLIER COUNTY, FLORIDA _ - OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA I I PARCEL 4 I I EAST 1/2 OF THE NW 1/4 OF EY THE SW 1/4 OF THE NE 1/4 W OF SECTION 30, TOWNSHIP 48 (OR 4609, PG 520) I r IIp PARCEL NO. 00216800007 (OR 1044, PG 1541) SOUTH, RANGE 27 EAST PARCEL NO. 00218600001 LESS THE NORTH 20' I 1 PARCEL NO. 00218440009 (OR 4407, PG 4143) _ — — --�— — — ---1-J\ — �Ir — 1 S86°05'59 VH 322.51' DEED OF CONSERVATION EASEMENT EASEMENT FOR ROAD (OR 4408, PG 1400) RIGHT-OF-WAY I I I CONSERVATION EASEMENT EAST 10' OF THE 10' (OR 4410, PG 3358) 0) WEST 3/4 OF I Iiii SECTION 30 I (OR 16, PG 47 4) N EASEMENT FOR ROAD o RIGHT-OF-WAY M WEST 10' OF THE 1\--*--: E 6 E1/4 OF SECTION 30 (OR 16, PG 474) I PARCEL NO. 00216400009 I (OR 4550, PG 1782) N o o I PARCEL NO. 00216000001 I N N (OR 4415, PG 514) 0 o Z PARCEL NO. 00217920009 I III (OR 1680, PG 2259) I III n I I PROPOSED COLLIER N I EASEMENT L . b ,,02'09'18"W 10.00' • CENTER OF S86°06'49"W 322.72' — — _� — — T SECTION 30 o S86'06'49_W 645.44_ _ — v — — �-- c o' O m O U) 0 a �� 3 N Z' I .5 iii LINE TABLE 0 N LINE BEARING DISTANCE 1 o L12 NO2'O8'12"W 20.01' I n N 0 50 100 200 N r (INTENDED DISPLAY SCALE:1"=200') U m (1) NOT VALID WITHOUT SHEETS 1&3 OF 3 non LIVING WORD FAMILY CHURCH "' 5 LYING IN THE NORTHEAST QUARTER(NE-1/4) N SECTION 30,TOWNSHIP 48 SOUTH,RANGE 27 EAST GS COLLIER COUNTY,FLORIDA JOHNS 2350 STANFORD COURT S KETCH TO ACCOMPANY NAPLES, FLORIDA 34112 DESCRIPTION PHONE (239) 434-0333 FAX (239) 434-9320 ENGINEERING E.B. #642 DATE 05/30/14 PROJECT 20139505 IF130N48- 27 ISCALE 200 'SHEET 3 6 0 EXHIBIT A DESCRIPTION PARCEL 1: THE WEST 1/2 OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 LESS THE SOUTH 10 FEET THEREOF, THE NORTH 10 FEET THEREOF AND THE PROPERTY CONVEYED TO COLLIER COUNTY BY DEEDS RECORDED IN BOOK 3252, PAGE 226 AND BOOK 3252, PAGE 230 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. PARCEL 2: THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4, LESS THE SOUTH 20 FEET THEREOF, SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. PARCEL 3: THE EAST ONE—HALF OF THE SOUTH ONE—HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, LESS THE EAST 30 FEET (30') THEREOF, SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. PARCEL 4: THE EAST ONE—HALF OF THE NORTHWEST ONE QUARTER (NW 1/4) OF THE SOUTHWEST ONE—QUARTER (SW 1/4) OF THE NORTHEAST ONE—QUARTER (NE 1/4) OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST LESS THE NORTH 20 FEET THEREOF, COLLIER COUNTY, FLORIDA. PARCEL 5: THE EAST 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPT THE NORTH 188.20 FEET FOR RIGHT—OF—WAY; LESS THE EAST 30 FEET THEREOF FOR EGRESS AND INGRESS, AND LESS THE WEST 150 FEET THEREOF. PARCEL 6: THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4), LESS THE EAST 30 FEET THEREOF, FOR INGRESS AND EGRESS AND THE EAST ONE HALF (E 1/2) OF THE NORTH ONE HALF (N 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE E SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST QUARTER (NE 1/4), LESS THE EAST 30 FEET THEREOF, FOR aS INGRESS AND EGRESS. ALL IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. PARCEL 7 THE NORTH 20 FEET OF THE EAST ONE—HALF OF THE NORTHWEST ONE QUARTER (NW 1/4) OF THE SOUTHWEST o ONE—QUARTER (SW 1/4) OF THE NORTHEAST ONE—QUARTER (NE 1/4) OF SECTION 30, TOWNSHIP 48 SOUTH, c RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (OFFICIAL RECORDS BOOK 4874, PAGES 1750-1753) y PARCEL 8 . THE SOUTH 20 FEET OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4, SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (OFFICIAL RECORDS BOOK 4874, PAGES 1750-1753) 0 0 PARCEL 9 o THE SOUTH 20 FEET OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 0 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (OFFICIAL RECORDS BOOK 4874, PAGES 1750-1753) rn PARCEL 10 THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA: LESS THE EAST 30 . FEET FOR ROAD RIGHT OF WAY. rn 0 N rn 0 N V n L C) NOT VALID WITHOUT SHEETS 1&2 OF 3 0 LIVING WORD FAMILY CHURCH LYING IN THE NORTHEAST QUARTER(NE-1/4) SECTION 30,TOWNSHIP 48 SOUTH,RANGE 27 EAST COLLIER COUNTY,FLORIDA JOHNStal 2350 STANFORD COURT DESCRIPTION NAPLES, FLORIDA 34112 PHONE (239) 434-0333 FAX (239) 434-9320 ENGINEERING E.B. #642 DATE OJECT NO. 05/30/14 IPR20139505 IF13E0N04.8-27 (SCALE ISHE2 OF 3 7 EXHIBIT B it II POC DESC. NE CORNER OF THE NE 1/4 OF THE NE 1/4 NORTH LINE OF THE I I OF THE SW 1/4 OF THE NE 1/4 OF THE NE 1/4 NE 1/4 OF SECTION 30 in OF THE SW 1/4 OF THE 'r? SW 1/4 OF SECTION 30 — — - --- rI — — �� -- _ — 1 , S02°12'377 17.56' N86°05'097 292.29'POB DESC. II S86°05'09"W 30.01' I cn ..F4 \ \ WEST LINE OF THE NE 1/4 OF THE NE 1/4 C.'-' I I EAST LINE OF THE OF THE SW 1/4 OF THE PARCEL NO. 00217960001 ' NE 1/4 OF THE NE 1/4 NE 1/4 OF SECTION 30 :� (OR 4801, PG 286) W I OF THE SW 1/4 OF THE c~, ,--I � I NE 1/4 OF SECTION 30 C\/ o I L=117.41' 30 R=75.00' 4=89°41'33" I I CB=N42°39'04"E CD=105.78' S86°05'34"W 367.02' SOUTH LINE OF THE I I 1 PARCEL NO. 00214920002 N 1/2 OF THE NE 1/4 (OR 4874, PG 1750) I OF THE SW 1/4 OF THE I I I NE 1/4 OF SECTION 30 EASEMENT RIGHT-OF-FOR WAY ROAD EASEMENT FOR ROAD WEST 10' OF THE EAST 1/4 E EAST 10' OF THE I OF SECTION 30 a E WEST 3/4 OF I (OR 16, PG 471` SECTION 30 - (OR 16, PG 474) I I i a o I PARCEL NO. 00218600001 I N (OR 4692, PG 1535) o o T 1 0 25 50 100 (INTENDED DISPLAY SCALE: 1"=100') N w 1 I o 0' A v E NOTES: w 1. BEARINGS SHOWN HEREON ARE BASED ON STATE o PLANE COORDINATES, FLORIDA EAST ZONE, NORTH ._o AMERICAN DATUM OF 1983 (NSRS 2007), WHEREIN E THE EAST LINE OF THE NORTHEAST QUARTER OF • THE NORTHEAST QUARTER OF THE SOUTHWEST 0 QUARTER OF THE NORTHEAST QUARTER OF r SECTION 30 BEARS SOUTH OZ 12' 37" EAST. . 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO Ti; ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL. THIS IS NOT A SURVEY 3. POC = POINT OF COMMENCEMENT. o 4. POB = POINT OF BEGINNING. °i M 5. DESC. = DESCRIPTION 3 6. C = CHORD LENGTH i 7. CB = CHORD BEARING ��••'""''+,r. L 8. L = ARC LENGTH BARRY E.'S REN (F'QR T14( FORM 4'442) ▪ 9. R = RADIUS PROFESSIONAL SURVEYOR AO pli P,l N 10. A= DELTA ANGLE FLORIDA CERTIFICATE NO. 5365't' 4)..p�4,}�S+ N 11. PARCEL CONTAINS 93,804 SQUARE FEET (2.15 ACRES) o MORE OR LESS. DATE SIGNED: S � �4 'a U, EL° 12. DESCRIPTION ATTACHED. NOT VALID, WITHOUT HE„SIGNATURE'AND 1HE w o ORIGINAL RAISED SEAL OF Av TIDF}D��ICFJJ E[ N N NOT VALID WITHOUT SHEET 2 OF 2 SURVEYOR AND MA RD, ° d' 0 �, 2350 STANFORD COURT SKETCH TO ACCOMP'AN i SSc� ;ibN JOHNS NAPLES, FLORIDA 34112 CONSERVATION EASEMEN T`r PHONE (239) 434-0333 FAX (239) 434-9320 ENGINEERING E.B. #642 DATE OJECT NO. 05/2014 IPR20139505 IF130N48-27 ISCA1"=100 ISHE1T OF 2 70 8 EXHIBIT B DESCRIPTION CONSERVATION EASEMENT LYING IN THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA A PARCEL OR TRACT OF LAND LYING IN THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, WHICH PARCEL OR TRACT OF LAND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30 THENCE SOUTH 02'12'37" EAST ON THE EAST LINE OF SAID FRACTION FOR 17.56 FEET TO AN INTERSECTION WITH A LINE 17.55 FEET SOUTH OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE NORTH LINE OF SAID FRACTION; THENCE SOUTH 86'05'09" WEST ON SAID PARALLEL LINE FOR 30.01 FEET TO AN INTERSECTION WITH A LINE 30 FEET WEST OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE EAST LINE OF SAID FRACTION AND THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING THENCE SOUTH 02'12'37" EAST ON SAID PARALLEL LINE FOR 317.19 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE SOUTH 86'05'34" WEST ON SAID SOUTH LINE FOR 367.02 FEET TO THE POINT OF CUSP OF A NON-TANGENT CURVE; THENCE NORTHEASTERLY ALONG SAID CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 75.00 FEET (DELTA 89'41'33") (CHORD BEARING NORTH 42'39'04" EAST) (CHORD 105.78 FEET) FOR 117.41 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE NORTH 02'11'31" WEST ON SAID WEST LINE FOR 244.39 FEET TO AN INTERSECTION WITH A LINE 17.55 FEET SOUTH OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE NORTH LINE OF NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE NORTH 86'05'09" EAST FOR 292.29 FEET ON SAID PARALLEL LINE TO THE POINT OF BEGINNING. PARCEL CONTAINS 93,804 SQUARE FEET (2.15 ACRES), MORE OR LESS. M BEARINGS SHOWN HEREON ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST I ZONE, NORTH AMERICAN DATUM OF 1983 (NSRS 2007), WHEREIN THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER N OF THE NORTHEAST QUARTER OF SAID SECTION 30 BEARS SOUTH 02' 12' 37" EAST. 0 T O m U)4) sa 0 O .0. U 2 0) O I w U 0' 3 V c E E 0 2 0 w c 0 0 Z d N 0 0 0 L 0> N I N 0 III M 0 N , 0 L U I Y 0 0 0) O) M i NOT VALID WITHOUT SHEET 1 OF 2 6 O T INS �, 2350 STANFORD COURT CONSERVATION EASEMENT 1 lr NAPLES, FLORIDA 34112 DESCRIPTION `r PHONE STANFORD D COURT FAX (239) 434-9320 ENGINEERING E.B. #642 DATE 05/2014 IPR20139505 IFl 0 NO. 'SCALE ISHEET OF 2 c) 9 JOINDER AND CONSENT TO EASEMENT CAPITAL BANK, N.A. (the "Bank") the holder of that certain Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of November 5, 2012 (the Mortgage") recorded in Official Records Book 4853, at Page 251, of the Public Records of Collier County, Florida, and that certain UCC-1 Financing Statement recorded in Official Records Book 4835, at Page 269, of the Public Records of Collier County, Florida (the "UCC"), which encumber the Property described in Exhibit A, does hereby join in and consent to the Easement ("Easement"), to which this Joinder and Consent is attached. Notwithstanding the execution of this Joinder and Consent, nothing herein shall be construed to render Bank responsible or liable for the performance of any of the covenants or undertakings of the Easement. Bank makes no warranty or representation of any kind or nature concerning said Easement or any of its terms or provisions or the legal sufficiency thereof and disavows any such warranty or representation. None of the representations contained in the Easement shall be deemed to have been made by the Bank. The undersigned consents to the recordation of the Easement and agrees that the lien and effect of the Mortgage and UCC shall be subject and subordinate to the terms of the Easement. Except only as expressly provided herein, this Joinder and Consent shall not in any way affect or diminish the rights, benefits and remedies of Bank as set forth in the Mortgage, the UCC or any of the other loan documents as described therein IN WITNESS WHEREOF, the undersigned has executed this Joinder and Consent on this a 7 day of au ry e, , 2014. CAPITAL BANK, N.A. Print N me. -.. : ••ce►� By: f lliil,,,,,- .,oC -a remL Cd.„ Name: 1 r-Ier-vt.. /�l(J0X (- __ I Title: S V P Name: u.JG� [SEAL] STATE OF FLORIDA COUNTY OF COLLIER no�11� The foregoing instrument was acknowledged before me this a-7441day of.Aflri1 29#3 by 11- ; - t. ,.::►.iu'k■.- as S t/ of CAPITAL BANK, N.A., who is sersonally known to me or ho produced as identification, on behalf Print or Stamp Name: CA\P rl11_} rd �o`�`r"��% CHERYL A.HUBBARD�•: Notary Public, State of Florida at Large ,1 Notary Public-State of Florida Commission No: E� IS- I -1 � � fi=r My Comm. Expires Jan 26,2016 ••;F O,1 � Commission#EE 157177 My Commission Expires: Prolaw: 994009 6 EXHIBIT "A" DESCRIPTION CONSERVATION EASEMENT LYING IN THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA A PARCEL OR TRACT OF LAND LYING IN THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, WHICH PARCEL OR TRACT OF LAND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30 THENCE SOUTH 0712'37" EAST ON THE EAST LINE OF SAID FRACTION FOR 17.56 FEET TO AN INTERSECTION WITH A LINE 17.55 FEET SOUTH OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE NORTH LINE OF SAID FRACTION; THENCE SOUTH 86'05'09" WEST ON SAID PARALLEL LINE FOR 30.01 FEET TO AN INTERSECTION WITH A LINE 30 FEET WEST OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE EAST LINE OF SAID FRACTION AND THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING THENCE SOUTH 0712'37" EAST ON SAID PARALLEL LINE FOR 317.19 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE SOUTH 8605'34" WEST ON SAID SOUTH LINE FOR 367.02 FEET TO THE POINT OF CUSP OF A NON-TANGENT CURVE; THENCE NORTHEASTERLY ALONG SAID CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 75.00 FEET (DELTA 89'41'33") (CHORD BEARING NORTH 4739'04" EAST) (CHORD 105.78 FEET) FOR 117.41 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE NORTH 0711'31" WEST ON SAID WEST LINE FOR 244.39 FEET TO AN INTERSECTION WITH A LINE 17.55 FEET SOUTH OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE NORTH LINE OF NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE NORTH 86'05'09" EAST FOR 292.29 FEET ON SAID PARALLEL LINE TO THE POINT OF BEGINNING. PARCEL CONTAINS 93,804 SQUARE FEET (2.15 ACRES), MORE OR LESS. N BEARINGS SHOWN HEREON ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE, NORTH AMERICAN DATUM OF 1983 (NSRS 2007), WHEREIN THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER H OF THE NORTHEAST QUARTER OF SAID SECTION 30 BEARS SOUTH 07 12' 37" EAST. 0 U 0 c U N 0 N O Ny N VI O N M NOT VALID WITHOUT SHEET I OF 2 EIMER 2350 STANFORD COURT CONSERVATION EASEMENT NAPLES, FLORIDA 34112 DESCRIPTION PHONE (239) 434-0333 ENGINEERING FAX (239) 434-9320 E.B. #642 DATE 05/2014 IPR20139505 IFl 0-48-27 'SCALE 'SHEET 2 OF 2 W II II POC NE CORNER DESC.OF THE I NE OF THE NE 1/4 NORTH LINE OF THE I I OF THE SW 1/4 OF THE NE 1/4 OF THE NE 1/4 NE 1/4 OF SECTION 30 In OF THE SW 1/4 OF THE n SW 1/4 OF SECTION 30 I _ _ _ 1 _-- - _ — — - - S02°12'37"E 17.56' N86°05'09"E 292.29' POB DESC. S86°05'09"W 30.01'--I I I M II WEST LINE OF THE , NE 1/4 OF THE NE 1/4 N 7: EAST LINE OF THE I OF THE SW 1/4 OF THE .k PARCEL NO. 00217960001 Cr; NE 1/4 OF THE NE 1/4 j j NE 1/4 OF SECTION 30 0'D (OR 4801, PG 286) W I OF THE SW 1/4 OF THE Is. I NE 1/4 OF SECTION 30 Iv c5 N L L=117.41' R=75.00' H 4=89°41'33" I 1 CB=N42°39'04"E 1 CD=105.78' S86°05'3411' 367.02' SOUTH LINE OF THE I PARCEL NO.O. 00214920002 N 1/2 OF THE NE 1/4 I (OR 4874, PG 1750) OF THE SW 1/4 OF THE I I 1 NE 1/4 OF SECTION 30 1 .--EASEMENT FOR ROAD RIGHT-OF-WAY EASEMENT FOR ROAD i WEST 10' OF THE EAST 1/4 E RIGHT-OF-WAY OF SECTION 30 3 EAST 10' OF THE WEST 3/4 OF I I (OR 16, PG 47NI N SECTION 30 I ) I (OR 16, PG 474) I I 1 III N PARCEL NO. 00218600001 I $ (OR 4692, PG 1535) o r II , ; I 1 2 I I I I 0 25 50 N I (INTENDED DISPLAY SCALE:1'=100') rn s a E NOTES: 1. BEARINGS SHOWN HEREON ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE, NORTH 2 AMERICAN DATUM OF 1983 (NSRS 2007), WHEREIN THE EAST LINE OF THE NORTHEAST QUARTER OF S THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30 BEARS SOUTH O2' 12' 37" EAST. ... 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO ;;, ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT 1 PARCEL• THIS IS NOT A SURVEY 3. POC = POINT OF COMMENCEMENT. O 4. P08 = POINT OF BEGINNING. ( 5. DESC. = DESCRIPTION E 6. C = CHORD LENGTH • 7. CB = CHORD BEARING i 8. L = ARC LENGTH BARRY E. SYREN (FOR THE FIRM LB-642) • 9. R = RADIUS PROFESSIONAL SURVEYOR AND MAPPER N 10. A= DELTA ANGLE FLORIDA CERTIFICATE NO. 5365 N 11. PARCEL CONTAINS 93,804 SQUARE FEET (2.15 ACRES) ° MORE OR LESS. DATE SIGNED: • 12. DESCRIPTION ATTACHED. NOT VALID WITHOUT THE SIGNATURE AND THE N ORIGINAL RAISED SEAL OF A FLORIDA LICENSED iri NOT VALID WITHOUT SHEET 2 OF 2 SURVEYOR AND MAPPER. EIMER 2350 STANFORD COURT SKETCH TO ACCOMPANY DESCRIPTION NAPLES, FLORIDA 34112 CONSERVATION EASEMENT PHONE (239) 434-0333 FAX (239) 434-9320 ENGINEERING E.B. 642 DA 05/2014 IPN20139505 IR ON48-27 ISCALE=100 'SHEET OF 2 G