Westview LLC INSTR 5055182 OR 5097 PG 130
RECORDED 9 444 AG
DWIGHT E. BROCK11/24/2014, CLERK OF AM THPE CIRES 7 CUIT COURT
COLLIER COUNTY FLORIDA
PREPARED BY&RETURN TO: DOC @.70$0.70 REC$61 00
Conrad Willkomm,Esq.
Law Office of Conrad Willkomm,P.A.
3201 North Tamiami Trail
Naples,FL 34103
239-262-5303
File Number: 14R-642
Parcel Identification No.: 81570160004
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this day of,_.SepteriIber 2014, by
3603 Westview, LLC, a Florida Limited Liability Company, hereinafter "Westview, LLC", as
Grantor, whose address is 1111 Galleon Drive, Naples, Florida 34102, 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, Westview, LLC 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 Grantor
; 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, 3603 Westview, LLC, hereby conveys a Conservation Easement to
Collier County as follows:
1. 3603 Westview, 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 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. 3603 Westview, 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 3603 Westview, LLC 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.
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:
3603 WESTVIEW, LLC, a Florida Limited
Liability Company
al By:
Witness Na ,&g ,fft g / Wolfgang Liebig, Manager
Witness Name: 1l
State of
County of 6, U r
The foregoing instrument was acknowledged before me this day of--Se tember, 2014 by
Wolfgang Liebig, Manager of 3603 WESTVIEW, LLC, who Ig is personally known or [] has
produced a as identification.
;2ai7dd?9d
[Notary Seal] ,��Pp WILCi�� ; Notary Pub is
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Acceptance by Grantee:
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.r,BROCK, CLERK COLLIER COUNTY, FLORIDA
///
Dep'A e l . o thaimian'S Tom Henning, Chairm
sinn.atu, only.
Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
APPROVED PURSUANT TO RESO. 2010-39
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