Orchid Run Apts, LLC INSTR 5037269 OR 5082 PG 2077
RECORDED 10/6/2014 9.13 AM PAGES 6
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
DOC @.70$0.70 REC$52.50
THIS INSTRUMENT PREPARED BY&RETURN TO:
NAME: LEE SMITH
HOLLAND&KNIGHT
ADDRESS: 200 SOUTH ORANGE AVENUE
SUITE 2600
ORLANDO,FL 32801
PARCEL I.D. #00267080009
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
th
THIS CONSERVATION EASEMENT given this �y day of
v\ , 2014, by Sea Investments, LLC (hereinafter "SEA"), as
Grantor, w lise address is 10350 Bren Road West, Minnetonka, MN 55343, 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, SEA 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
SEA; 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. SEA, 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.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. SEA, 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: A Wade Lau
4� / Vice Presiders
,#) _!1 _ Sea Inv- �ts, LLC
Printe• Name: Phi ace_t
oktt a4 By:
Printed Nam : 1l1{k 4N !ueL
Revised 7/15/13 3
l
Vlt ul/L tie ta,
STATE OVA )
COUNTY OF- )
The foregoing instrument was subscribed, sworn and acknowledged before me this
/1- day of , 20 I , by [authorized signor of
Grantor entity] ( k, '' Xa.�t. , as [title]
V P for [entity] , L it 41 ut* , C .C .C . , and who is [X]
personally known to me or [ ] who produced as identification.
i '-S KATHERINE M MOORE IlitilatLie-OR- i!
3O` NOTARYPUBLIC—MINNESOTA NOTARY PUBLIC
$„� My Commission Expires Jan.31,2015
Printed Name:Kalitalki-a Rilxre-
My Commission Expires:
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
■� /
By: A ■
i �.�li■ _ _
Deputy Clerk �'� Tom E rt N >��� rh iSStc71J R
Attest as to Chairman'. CHAIRMAN
signature only.
Approved as to form and
to \V:\-y
54:0kA. A. AQA
Assistant County Attorney
CP\11-ENS-00442\4
Revised 7/15/13 4
APPROVED PURSUANT TO RESO. 2010-39
EXHIBIT A N
THIS IS
GOLDEN GATE PARKWAY NOT A
O.R. 2445, PG. 314744'28'39"E ■ /
4.48' SURVEY W , E
589'42'23"E / r
351.37' 0 150' 300'
SO0'25'08"W GRAPHIC SCALE
132.43' 1"=300' S
DESCRIPTION:
L=374.20' Ln ALL THAT PART OF SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
R=6905.46' N COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
5=3'O6'17" ZIZ FOLLOWS:
C6=501'08'01"E _i O
C=374.16' w w COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 25; THENCE
co• ALONG THE SOUTH LINE OF SAID SECTION 25, SOUTH 89'54'53" WEST 10.00
FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
THENCE CONTINUE ALONG SAID SECTION LINE, SOUTH 89'54'53" WEST 500.02
S10'16'23"W FEET; THENCE LEAVING SAID SECTION LINE, NORTH 00'25'08" EAST 2,095.15
65.58' FEET TO THE SOUTH RIGHT—OF—WAY LINE OF GOLDEN GATE PARKWAY AS
RECORDED IN OFFICIAL RECORDS BOOK 2445, PAGE 3147, PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID RIGHT—OF—WAY LINE,
L=376.15' SOUTH 89'42'23" EAST 351.37 FEET; THENCE SOUTH 44'28'39" EAST 84.48
R=6920.46' FEET; THENCE SOUTH 00'25'08" WEST 132.43 FEET; THENCE SOUTHEASTERLY
A=3'06'51" 374.20 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO
CB=SO4'46'10"E THE EAST HAVING A RADIUS OF 6,905.46 FEET THROUGH A CENTRAL ANGLE
C=376.10' I OF 03'06'17" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH
01'08'01" EAST 374.16 FEET; THENCE SOUTH 10'16'23" WEST 65.58 FEET;
w THENCE SOUTHEASTERLY 376.15 FEET ALONG THE ARC OF A NON—TANGENTIAL
L=84.17' N84'22'24"E CIRCULAR CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 6,920.46 FEET
-co - R=6890.46' 15.00' THROUGH A CENTRAL ANGLE OF 03'06'51" AND BEING SUBTENDED BY A
'n 6
N uD A=0'42'00" CHORD WHICH BEARS SOUTH 04'46'10" EAST 376.10 FEET TO A POINT OF
b ° C6=SO5'58'42"E REVERSE CURVATURE; THENCE SOUTHEASTERLY 84.17 FEET ALONG THE ARC
z C=84.17' OF A NON—TANGENTIAL CIRCULAR CURVE CONCAVE TO THE WEST HAVING A
RADIUS OF 6,890.46 FEET THROUGH A CENTRAL ANGLE OF 00'42'00" AND
BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05'58'42" EAST 84.17
FEET; THENCE NORTH 84'22'24" EAST 15.00 FEET; THENCE SOUTHERLY
728.33 FEET ALONG THE ARC OF A NON—TANGENTIAL CIRCULAR CURVE
CONCAVE TO THE WEST HAVING A RADIUS OF 6,905.46 FEET THROUGH A
L=728.33' CENTRAL ANGLE OF 06'02'35" AND BEING SUBTENDED BY A CHORD WHICH
R=6905.46' BEARS SOUTH 02'36'10" EAST 727.99 FEET; THENCE SOUTH 00'25'08" WEST
A=6'02'35" 96.61 FEET; THENCE NORTH 89'08'24" WEST 5.56 FEET; THENCE SOUTH
C6=S02'36'10"E 00'45'03" WEST 180.45 FEET TO THE POINT OF BEGINNING OF THE PARCEL
C=727.99' HEREIN DESCRIBED.
CONTAINING 954,345 SQUARE FEET OR 21.9 ACRES, MORE OR LESS.
S00'25'08"W
96.61'
N89'08'24"W
5.56' ABBREVIATIONS
500'45'03"W O.R. = OFFICIAL RECORDS BOOK
180.45' PG. = PAGE .
POINT OF I.POINT OF COMMENCEMENT ` Z
BEGINNING SE CORNER
SECTION 25l14
S. LINE
SECTION 25 DENNIS A. MILLER DATE SIGNER
S89'54'53"WI S89'54'53"W FLORIDA CERTIFICATE OF AUTHORIZATION LS5626
500.02' 10.00' NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND
MAPPER.
DATE: CLIENT:
7/23/14
6610 Willow Park Drive, SCALE: ORCHID RUN APARTMENTS, LLC
W Suite 200
Naples,Florida 34109(239) DRAWN D BY: TITLE: LEGAL DESCRIPTION
597-0575 FAX:(239)597-0578 DM
www.consult-rwa.com Florida CHECKED BY: & SKETCH
ENGINEERING Certificates of Authorization MW W
EB 7663 LB 6952
SEC: TWP: RGE: PROJECT 130035.00.01 SHEET 1 1 FILE . 0005 SD OA
25 49S 25E NUMBER: NUMBER: OF NUMBER.
f An ba} 12)
N SKETCH AND LEGAL DESCRIPTION
THIS IS NOT A SURVEY
W I� E
' �� ORCHID RUN
APARTMENTS, L.L.C.
S I-
0 50 100
GRAPHIC SCALE Z
1"= 100' 0
V)
L3 —I
0
PANTHERS GREY Z
OAKS, INC. .4-
O.R. 2501, P.G. 1216 CONSERVATION EASEMENT -' X
Iv 38768.4 SQUARE FEET OR 0.89 ACRES O
in
L1 CD
P.O.B.
CONSERVATION
EASEMENT z XJ
0
O
CO
M
U1 W
J
■ J
fv
0
N3
Du
SOUTH LINE OF SECTION 25 — BEARING BASIS
S89°08'03"W 32.58
MBC PARTNERSHIP P.O.C.
O.R. 1134, P.G. 1523 FOUND NAIL WITH
DISK LB 3114 AT THE
SOUTHEAST CORNER
OF SECTION 25
LEGAL DESCRIPTION
(CONSERVATION EASEMENT)
A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER (1/4) OF SECTION 25, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
LINE TABLE
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 LINE BEARING LENGTH
L1 587'52'44"W 365.75
EAST, COLLIER COUNTY, FLORIDA; L2 N00'22'22"W 105.05
THENCE ALONG THE SOUTH LINE OF SAID SECTION 25, 5.89'08'03"W., FOR 32.58 FEET; L3 N87'52'44"E 373.53
THENCE LEAVING SAID SECTION LINE, N.00'51'57"W. FOR 202.81 FEET;TO THE POINT OF L4 504'08•13"W 98.91
BEGINNING OF THE PARCEL HEREIN DESCRIBED; L5 S00"21'04"E 6.68
THENCE S.87'52'44"W. FOR 365.75 FEET;
THENCE N.00'22'22"W. FOR 105.05 FEET;
THENCE N.87'52'44"E. FOR 373.53 FEET;
THENCE 5.04'08'13"W. FOR 98.91 FEET;
THENCE S.00'21'04"E. FOR 6.68 FEET; TO THE POINT OF BEGINNING OF THE EASEMENT
DESCRIBED HEREIN.
ABBREVIATIONS:
CONTAINING 38,787 SQUARE FEET OR 0.89 ACRES, MORE OR LESS. O.R. = OFFICIAL RECORDS BOOK
P.G. = PAGE
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. P.O.C. = POINT OF COMMENCEMENT
P.O.B. = POINT OF BEGINNING
BEARINGS ARE BASED ON THE SOUTH LINE'5F SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25
EAST, AS BEING S.89'08'03"W., IN THE,FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE,
19 DRTH AMERICAN DA (19 9) ADJUSTMENT,
B .:
--�
DENNIS• f A. MILLER, PROFESSIO L SURVEYOR AND MAPPER LS# 5626
DATE: `I)d I 1st .
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER. ■
•
DATE CLIENT:
D\1 TA>NC. 7,10,14
Planning SCALE ORCHID RUN APARTMENTS, LLC
Visualization 1" = 100'
CONSULTING TI V A. 1 Civil En. ring Mapping DRAWN TITLE: SKETCH AND DESCRIPTION OF
Surveying apping MAS
6610 Willow Park Drive,Suite 200 CHECKED BY: CONSERVATION EASEMENT
Naples,Florida 34109 DAM
Phone:(239)597-0575 SEC: TWP. RGE: PROJECT SHEET FILE
FAX:(239)597-0578 25 49S 25E NUMBER: 30035.00.01 NUMBER: 1 0L � NUMBER: 0002