Standard Pacific of Florida INSTR 5048710 OR 5091 PG 3446
RECORDED 11/5/2014 9:46AM PAGES 9
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
DOC @.70$0.70 REC$78.00
THIS INSTRUMENT PREPARED BY&RETURN TO:
Name: Davidson Engineering,Inc.
Address: 4365 Radio Road, Suite 201
Naples,FL 34104
Parcel No. 00394880004, 61835840005,6183552008,
00395320000, 00388360006
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this a^a day of
2014, by "Standard Pacific of Florida, a Florida general
partnership" (hereinafter Standard Pacific of Florida, a Florida general partnership), as
Grantor, whose address is 1536 Barranca Parkway, Ivine, CA 92618 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, Standard Pacific of Florida, a Florida general partnership, 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
Standard Pacific of Florida, a Florida general partnership, 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. Standard Pacific of Florida, a Florida general partnership, 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
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,
Revised 7/15/13 1
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. Standard Pacific of Florida, a Florida general partnership, 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.
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.
Revised 7/15/13 2
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: Standard Pacific of Florida, a Florida
general partnership
By: Standard Pacific of FL GP, Inc., its
general partner
Pri► i)Name:'-- -7-P-4) ,0 4e '
i.__ / I ' AC' an AII■ Michael C. DeBock, Vice President
rin ed Name: l ', '_ c' Z$.
Revised 7/15/13 3
STATE OF
COUNTY OF
The foregoing instrtgnent was subscribed, sworn and acknowledged before me this
day of J2 --m , 2014, by Michael C. DeBock as Vice
President for Standard Pacific of FL GP, Inc. general partner of Standard Pacific of
Florida, a Florida general partnership, and who is(personally knowto me.
)7Y/
TARY PUBLIC
Printed Name: 6(.SeL A ,R o 6-E k C
My Commission Expires: oc-f-,d7,,4017
17
1 1 ',,'t,;PV P o :. GISELA ROGC_RS
Notary Public-State of Florida
4 .4 My Comm.Expires Oct 27,2017 I
'•.!,t,: Mfr Commission M FF 066358
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
B
Atte ac 40-ctbakRits j om Henning, Cha• ••an
sictiature only.
Approved as to form and
Legality
Scott A. Stone
Assistant County Attorney
APPROVED PURSUANT TO RESO. 2010-39
Revised 7/15/13 4
Stantec
3200 Bailey Lane,Suite 200, Naples FL
EXHIBIT A
PAGE 1 OF 2
Legal Description
Of part of the Northwest 1/4 of Section 14, and part of the Southwest 1/4 of Section 11,
Township 50 South, Range 25 East,the West 330'of Lot 42,
and the West 140'of Lot 47, Naples Groves and Truck Co's Little Farms No. 2,
as recorded in Plat Book 1, page 27,of the public records of Collier County, Florida,
less and except the North 30'of Lot 47
(Overall Haldeman's Landing Legal Description)
Beginning at the North quarter corner of said Section 14;
Thence along the west boundary of the plat of Gulf Shores as recorded in Plat Book 4, page 50,of the public records
of Collier County, Florida, said line also being the North and South quarter section line of Section 14, South 00°13'02"
East 1028.84 feet to the North line of the West 140'of said Lot 47 less and except the north 30'thereof also being a
point on the South right-of-way line of Lakeview Drive;
Thence along said line North 89°32'45" East 140.00 feet to the East line of the West 140'of said Lot 47;
Thence along said East line South 00°13'02" East 302.68 feet to the South line of said Lot 47;
Thence along said South line South 89°34'08"West 140.00 feet to the southwest corner of said Lot 47 and a point on
the boundary of the plat of Windstar as recorded in Plat Book 14, pages 11 through 15 of the public records of Collier
County, Florida;
Thence along the boundary of said plat of Windstar in the following Six(6)described courses;
1. South 89°35'14"West 330.45 feet;
2. North 00°13'07"West 462.39 feet;
3. North 89°35'11" East 30.47 feet;
4. North 00°13'07"West 1389.23 feet;
5. South 89°34'18"West 314.39 feet;
6. South 68°04'16"West 50.12 feet to the west line of the southeast quarter of the southeast quarter of the
southwest quarter of said Section 11;
Thence along said west line North 00°13'07"West(197.00 feet more or less to the south bank of Haldeman Creek
per deed) 163.84 feet measured;
Thence meander along said south bank to its intersection with the North and South quarter section line of said
Section 11, and the West boundary of the plat of Demere Landing as recorded in Plat Book 4, page 14 of the public
records of Collier county, Florida. Said meander line being subtended by a tie line bearing North 73°43'39" East
686.46 feet;
Thence along said line South 00°18'15" East(164.00 feet more or less the southwest corner of said Demere Landing
and the Northwest corner of said Lot 42 per deed) 180.78 measured;
Thence along the north boundary of said Lot 42, North 89°30'34" East 330.00 feet to the east line of the West 330
feet of said Lot 42;
Thence along said East line South 00°18'15" East 337.30 feet to the South line of said Lot 42 and the North boundary
of the plat of said Gulf Shores;
Thence along said line South 89°27'51"West 330.00 feet to the Southwest corner of said Lot 42,the Northwest
corner of the plat of said Gulf Shores and the North and South quarter section line of said Section 11;
Thence South 00°18'15" East 334.79 feet to the POINT OF BEGINNING.
Containing 20.51 acres more or less.
Subject to easements and restrictions of record.
Bearings are based on the East line of Tract"B",of the plat of said Windstar, being North 00°13'07"West.
Certificate of authorization #LB-7866.
Stantec Consulting Services, Inc.
Registered.Engineers and Land Surveyors
By: Date: May 20, 2014
John . Mal ney, Profess onal Surveyor and Mapper#LS4493
Ref:2D-9
Not valid unless emb ed with the Professional's seal.
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Stantec
3200 Bailey Lane,Suite 200,Naples FL
EXHIBIT B
PAGE 1 OF 3
Legal Description
Of part of the Northwest 1/4 of Section 14,
and part of the Southwest 1/4 of Section 11,
Township 50 South, Range 25 East,
Collier County, Florida,
(Conservation Easement)
Beginning at the North quarter corner of said Section 14;
Thence along the west boundary of the plat of Gulf Shores as recorded in Plat Book 4, page 50,
of the public records of Collier County, Florida, said line also being the North and South quarter
section line of Section 14, South 00°13'02" East 376.23 feet;
Thence leaving said line South 89°46'58" West 17.84 feet;
Thence North 18°46'05" West 43.98 feet;
Thence South 89°46'53" West 12.87 feet;
Thence South 38°36'19" West 21.40 feet;
Thence South 85°47'45"West 1.29 feet;
Thence North 84°01'54" West 24.39 feet;
Thence North 82°59'51" West 29.03 feet;
Thence North 13°04'52" West 21.42 feet;
Thence North 01°00'17" East 10.79 feet;
Thence North 63°31'06" West 71.16 feet;
Thence North 54°18'15" West 85.73 feet;
Thence North 00°13'07" West 351.41 feet;
Thence 57.91 feet along the arc of a non-tangential circular curve concave southeast having a
radius of 47.40 feet through a central angle of 70°00'21" and being subtended by a chord which
bears North 34°46'53" East 54.38 feet;
Thence 85.96 feet along the arc of a non-tangential circular curve concave northwest having a
radius of 210.43 feet through a central angle of 23°24'19"and being subtended by a chord
which bears North 58°04'43" East 85.36 feet;
Thence 22.89 feet along the arc of a non-tangential circular curve concave northwest having a
radius of 117.74 feet through a central angle of 11°08'19" and being subtended by a chord
which bears North 40°48'31" East 22.85 feet;
Thence North 39°03'24" East 0.25 feet;
Thence North 67°04'44" East 4.18 feet;
Thence South 72°55'16" East 51.26 feet;
Thence South 79°57'34" East 5.31 feet;
Thence South 88°11'16" East 3.61 feet;
Thence North 80°09'01" East 9.55 feet;
Thence North 69°17'30" East 6.59 feet;
Thence North 59°30'26" East 6.88 feet;
Thence North 26°31'45" East 5.46 feet;
Thence North 88°45'34" East 5.58 feet;
Thence North 81°04'37" East 3.22 feet;
Thence North 44°27'24" East 13.16 feet;
Thence North 31°27'36" East 9.63 feet;
Thence North 89°41'45" East 21.99 feet to a point on the North and South quarter section line of
said Section 11;
Stantec
3200 Bailey Lane,Suite 200, Naples FL
EXHIBIT B
PAGE 2 OF 3
Thence along said line South 00°1815" East 242.88 feet to the POINT OF BEGINNING.
Containing 2.95 acres or 128,607.31 square feet, more or less.
Subject to easements and restrictions of record.
Bearings are based on the North and South quarter section line of said Section 14 being
South 00°13'02" East .
Certificate of authorization #LB-7866.
Stantec Consulting Services, Inc.
Registered Engineers and Land Surveyors
By: � �/
Date: June 27, 2014
J. 'n P aloney, Prof•ssion Surveyor and Mapper#LS4493
Ref: 2D-92A
Not valid unless embossed )}with the Professional's seal.
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