AP Towers Naples FL-1029THIS INSTRUMENT PREPARED BY & RETURN TO:
NAME: DEBORAH L. AIARTOHUE, ESQ
ADDRESS: 3030 N. ROCKYPOINT DR. W
SUITE 150
TAMPA FI, 33607
PARCH LD. # 00734160009
INSTR 5036385 OR 5081 PG 3278
RECORDED 10/2/2014 2A0 PM PAGES 6
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
DOC@.70 $0.70 REC $52 50
SPACE ABOVE THIS LINE FOR PROCESSING DATA I SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this day of
Se,',e fc„n ie - -- 1c, /1Y , 20141 by Collier 951, LLC (hereinafter Collier 951 LLC),
as Grantor, whose address is 700 Savage Road, Ste 7, Northampton, PA 18067, 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, Collier 951, LLC is the owner of that certain tract of land located in
Collier County, Florida described in Exhibit "A" [include a Plat Book and Page reference
in Exhibit "A'] attached hereto (hereinafter referred to as the "property'; and
WHEREAS, Collier County is requiring that this Conservation Easement
("Easement's be entered into and recorded in the land records of Collier County to bind
Collier 951, LLC; 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. Collier 951, LLC, 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
Revised 7/15/13 1
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 3.05.07.1-1 of the Collier County Land
Development Code. In accordance with LDC Section 3.05.07.H. i.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. Collier 951 LLC, 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
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:
WITNESSES:
Collier 951, LLC
Printed Name:v"�
4Pnted
By: ame: L`+S A LJ I Title: M e
Revised 7/15/13 3
STATE OF 0-)
COUNTY OF t�&4ham
Thte foregoing instrument w s subscribed, sworn and acknowledged before me this
day of % 2014, by [authorized signor of
Grantor entity] L.as [title]
ft'o0- for [entity] I LLQ , and who is [ ]
pe son ly known to me or [ ] who produced L- as identification.
My Commission Expires: Qom- i5. a0L-1
Acceptance by Grantee:
ATTEST:
DWIGHT E. BROCK, CLERK
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6Attest asRM*flgjfjk
signature only.
Approved as to form and
legality
Scott Stone
Assistant County Attorney
C�.
NOTARY PUBLIC
Printed Name: nc ' 6-f Y) e-Izs�C,
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sandra Meleski, Notary Public
Allen Twp„ Northampton County
My Commission Expires Dec. 15, 2017
'+n'+iik 45SO{IATION OF MOT�RJF
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
CP\11-ENS-00442\4 APPROVED PURSUANT TO RESO. 2010-39
Revised 7/15/13 4
EXHIBIT A
PARENT TRACT
COMMENCING AT A MONUMENT (AN IRON PIN) AT THE SOUTHWEST CORNER OF SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE
NORTHERLY ALONG THE DIVISION LINE OF SECTIONS 9 AND 10, NORTH 00°04'10" WEST, 110.03 FEET TO A CONCRETE MONUMENT BEING THE POINT OR PLACE OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE CONTINUING ALONG SAID DIVISION LINE BETWEEN SECTION 9 AND 10, NORTH 00°04'10" WEST, 330.11 FEET TO
A CONCRETE MONUMENT; THENCE LEAVING SAID DIVISION LINE AND PASSING THROUGH OTHER LANDS OF SAID SECTION 10, NORTH 88°36'13" EAST, 673.67 FEET TO A
CONCRETE MONUMENT; THENCE ALONG OTHER LANDS OF FLORIDA POWER & LIGHT COMPANY, SOUTH 00°24'05" WEST, 330.18 FEET TO A CONCRETE MONUMENT;
THENCE STILL ALONG OTHER LANDS OF FLORIDA POWER & LIGHT COMPANY, SOUTH 88°36'13" WEST, 670.96 FEET TO THE POINT OR PLACE OF BEGINNING OF THE
PARCEL HEREIN DESCRIBED BEING A PART OF SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 5.09 ACRES, MORE OR LESS.
TOGETHER WITH THE NORTHERLY 40 FEET OF A PART OF THE EASTERLY 660 FEET OF THE BELOW DESCRIBED PROPERTY:
A PARCEL OF LAND LYING AND BEING IN SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT A
MONUMENT (BEING AN IRON PIN) AT THE SOUTHWEST CORNER OF SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN THE
DIVISION LINE OF SECTIONS 10 AND 15 AND THE SOUTHERLY LINE OF A FLORIDA POWER & LIGHT COMPANY EASEMENT NORTH 88°36'13" EAST, 1,246.38 FEET TO A
POINT ON THE WESTERLY RIGHT OF WAY LINE OF COLLIER BOULEVARD; THENCE NORTH 00022'56" EAST, 440.22 FEET ALONG THE SAID RIGHT OF WAY LINE TO AN IRON
PIN LB 6569, BEING THE POINT OR PLACE OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY LINE, SOUTH 88136'13" WEST 576.54 FEET TO A CONCRETE MONUMENT;
THENCE SOUTH 00°24'05" WEST, 40.02 FEET TO AN IRON PIN #2463; THENCE NORTH 88036'13" EAST, 576.60 FEET TO AN IRON PIN LB 6569, A LINE THAT INTERSECTS
THE WESTERLY RIGHT OF WAY LINE OF COLLIER BOULEVARD; THENCE ALONG SAID RIGHT OF WAY LINE, NORTH 00022'56" EAST, 40.02 FEET TO THE POINT OR PLACE OF
BEGINNING.
0 100 200 300 400 500
P.O.C. POINT OF COMMENCEMENT `
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THIS SKETCH IS NOT A SURVEY
SCALE: 1"=200'
BOOK/PAGE 5/3 his map prepay : S -- 1"''�..(,E a� !lam' 1".200'.:
STONECYPHER DRAWN-'�-� -�
DWS ^ 1 DAT.F,., ww A Si 22,:2019
DAVID W. STONECYPWER
SURVEYINGINC• CHECKED DWS PROFESSIONAL SURVEYOR & MAPPER FLA LICENSE NO. 6391 PROJECT # 13 19 +
1221 NW 16TH AVENUE GAINESVILLE, FLORIDA 32601n < i) (+►�
Tel.: (352) 379-0948 COMMUNICATION TOWER -SITE;. NAPLES. FL 1aZ�'
Email: dstonecypher@att.net
Professional Surveying & Mapping Certificate of DRAWING # SHEET u
Authorization No.: LB 7810 13-0019.DWG AP TOWERS 1 OF 1
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TAX PARCEL: 00732720001
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OWNER: COLLIER 951 LLC;
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OWNER: FLORIDA POWER & LIGHT COMPANY
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SECTION 10-51-26
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SOUTH LINE OF SECTION 10-51-26
NORTH LINE OF
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OWNER: GOLD MILL STORAGE HOLDINGS LLC
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OWNER: LEE COUNTY ELEC COOP INC
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0 100 200 300 400 500
P.O.C. POINT OF COMMENCEMENT `
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THIS SKETCH IS NOT A SURVEY
SCALE: 1"=200'
BOOK/PAGE 5/3 his map prepay : S -- 1"''�..(,E a� !lam' 1".200'.:
STONECYPHER DRAWN-'�-� -�
DWS ^ 1 DAT.F,., ww A Si 22,:2019
DAVID W. STONECYPWER
SURVEYINGINC• CHECKED DWS PROFESSIONAL SURVEYOR & MAPPER FLA LICENSE NO. 6391 PROJECT # 13 19 +
1221 NW 16TH AVENUE GAINESVILLE, FLORIDA 32601n < i) (+►�
Tel.: (352) 379-0948 COMMUNICATION TOWER -SITE;. NAPLES. FL 1aZ�'
Email: dstonecypher@att.net
Professional Surveying & Mapping Certificate of DRAWING # SHEET u
Authorization No.: LB 7810 13-0019.DWG AP TOWERS 1 OF 1
NATIVE VEGETATION RETENTION
PRESERVE AREA
A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER
OF SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 10,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA; THENCE N00° 04' 10"W ALONG THE WEST LINE
OF SAID SECTION 10 FOR 110.03 FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PRESERVE AREA
PARCEL; THENCE CONTINUE N001 04' 10"W ALONG SAID
WEST LINE FOR 330.11 FEET; THENCE N880 36' 13"E FOR
110.88 FEET; THENCE S00° 04' 10"E FOR 330.11 FEET;
THENCE S880 36' 13"W FOR 110.88 FEET TO THE POINT
OF BEGINNING. SAID PARCEL OF LAND SITUATE, LYING
AND BEING IN COLLIER COUNTY, FLORIDA, CONTAINING
36,593 SQUARE FEET OR 0.84 ACRE, MORE OR LESS.
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