Northside Medical Plaza Conservation Easement THIS INSTRUMENT PREPARED BY&RETURN TO:
Joshua D. Rudnick INSTR 5073702 OR 5112 PG 1333
Woods,Weidenmiller,Michetti &Rudnick,P.L. RECORDED 1/15/2015 8 56 AM PAGES 9
9045 Strada Steil Court DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
Suite 400 COLLIER COUNTY FLORIDA
Naples, Florida 34109 DOC @.70$0.70 REC$78.00
PH: (239)325-4070
FX: (238)325-4080
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this \ \ day of \ m\IRS ,20A by
TJSS,LLC,a Florida Limited Liability Company(hereinafter TJSS, LLC), as Grantor,whose address is
1879 Veterans Park Drive, Suite 1201,Naples,FL 34109,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, TJSS, 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 to bind TJSS,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:
I. TJSS, 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, place 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 of fish and
wildlife habitat conservation or preservation permitted on the Easement Property.The
Easement Property shall be in no way be 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.I.d,oil extraction and related
processing operations are sues 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. TJSS, LLC its herein, 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 divest 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,release 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. The 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 is preserved.
11. If any provisions of the Conservation Easement of 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 enforces 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 WITTNESS 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:
TJSS, LLC
A Florida Limited Liability Company
Pr 1' a •• MIRY'r1G
By:
f !/IK'(�� i, Name:Thomas Ma dino
PrintName: " 0111111110,R0 Title: Manager
P int ame: no r _r._
xi_ 1 Name: Steven Bello
Print Name: j /ijlW/eJi Title: Manager
(STATE OF FLORIDA)
(COUNTY OF COLLIER)
The foregoing instrument was ubscribed,sworn and acknowledged before me this 1
day of fS9in ,2O ,by Thomas Ma ardino and Steven Bello as managers of TJSS,
LLC,a Florida Limited Liability Company,aii who are personally known to me or[]who
produced as identification.
JESSICA ffAfaftsoN
• •TARP P•BLIC
.��4'4� : t :i Printed Name:t S\CO. jIr11i,
• ` •I My Comm.Expires May it 2011 My Commission Expires: ��iaO�la
";- commission N FF 019254
Acceptan.
""ss Med Taro*Naimoli Notary Man.
ATTEST: BOARD OF C s TY COMMISSIONERS
DWIGHT E. BROCK,CLERK COL R C � Y,FLORIDA
By: r ',.i ,C
Dep ty CI.i.111 / Chairperson
Attest as ham's ate-, niNIA)
signature only. J
pprov as to form and legality
Scott A.Stone, A5515t- 'cc 6 ic1� Aktorn
APPROVED PURSUANT TO RESO. 2010-39
BBLS
SURVEYORS,INC.
1502-A RAILHEAD BLVD.
NAPLES, FLORIDA 34110
TELEPHONE: 239-597-1315
FAX: (239) 597-5207
EXHIBIT A
LEGAL DESCRIPTION
NORTHSIDE MEDICAL CENTER
THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 LYING SOUTH OF HORSE CREEK, LESS THE EAST 73 FEET,
SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA.
EXHIBIT A
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•
BBLS
SURVEYORS,INC.
1502-A RAILHEAD BLVD.
NAPLES,FLORIDA 34110
TELEPHONE: 239-597-1315
FAX: (239) 597-5207
EXHIBIT B
LEGAL DESCRIPTION
NORTHSIDE MEDICAL PLAZA
PRESERVE
A PORTION OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID NORTHWEST
QUARTER; THENCE RUN S.89°55'38"W. ALONG THE NORTH LINE OF SAID
NORTHWEST QUARTER,FOR A DISTANCE OF 1,397.98 FEET; THENCE RUN
S.00°32'30"E. FOR A DISTANCE OF 783.58 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
CONTINUE S.00°32'30"E, FOR A DISTANCE OF 30.33 FEET; THENCE RUN
N.47°30'46"W. FOR A DISTANCE OF 39.03 FEET; THENCE RUN N.53°09'46"W.
FOR A DISTANCE OF 15.73 FEET; THENCE RUN S.84°47'29"W. FOR A
DISTANCE OF 2.81 FEET; THENCE RUN S.28°54'43"W. FOR A DISTANCE OF
0.81 FEET; THENCE RUN N.80°35'17"W. FOR A DISTANCE OF 2.65 FEET;
THENCE RUN S.84°47'29"W. FOR A DISTANCE OF 22.32 FEET TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE
NORTH; THENCE RUN WESTERLY,ALONG THE ARC OF SAID CURVE TO
THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL
ANGLE OF 51°15'45", SUBTENDED BY A CHORD OF 21.63 FEET AT A
BEARING OF N.69°34'38"W.,FOR A DISTANCE OF 22.37 FEET TO THE END OF
SAID CURVE.; THENCE RUN N.43°56'46"W. FOR A DISTANCE OF 2.52 FEET;
THENCE RUN N.80°35'17"W. FOR A DISTANCE OF 7.32 FEET; THENCE RUN
N.39°34'12"W. FORA DISTANCE OF 36.31 FEET; THENCE RUN N.50°23'33"W.
FOR A DISTANCE OF 12.63 FEET; THENCE RUN N.67°34'34"W. FOR A
DISTANCE OF 36.71 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE
TO THE SOUTH, OF WHICH THE RADIUS POINT BEARS S.43°31'01"W., A
DISTANCE OF 5.00 FEET; THENCE RUN WESTERLY,ALONG THE ARC OF
SAID CURVE TO THE LEFT, HAVING A RADIUS OF 5.00 FEET,THROUGH A
CENTRAL ANGLE OF 73°31'25", SUBTENDED BY A CHORD OF 5.98 FEET AT
A BEARING OF N.83°14'42"W., FOR A DISTANCE OF 6.42 FEET TO A POINT
OF REVERSE CURVE; THENCE RUN WESTERLY ALONG THE ARC OF SAID
CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET, THROUGH A
CENTRAL ANGLE OF 95°59'36", SUBTENDED BY A CHORD OF 29.72 FEET AT
A BEARING OF N.72°00'36"W., FOR A DISTANCE OF 33.51 FEET TO THE END
OF SAID CURVE; THENCE RUN N.24°00'48"W. FOR A DISTANCE OF 18.84
EXHIBIT B
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FEET; THENCE RUN S.89°24'15"W. FOR A DISTANCE OF 52.35 FEET; TO THE
WEST LINE OF THE EAST 'A OF THE EAST 1/2 OF THE NW 1/4 OF THE NW 1/4 OF
SAID SECTION 26, THENCE RUN N.00°31'06"W., ALONG SAID WEST LINE,
FOR A DISTANCE OF 121.71 FEET TO A POINT ON A CIRCULAR CURVE,
CONCAVE TO THE NORTH, OF WHICH THE RADIUS POINT BEARS
N.24°08'23"E.,A DISTANCE OF 10.02 FEET; THENCE RUN EASTERLY,ALONG
THE ARC OF SAID CURVE TO THE LEFT,HAVING A RADIUS OF 10.02 FEET,
THROUGH A CENTRAL ANGLE OF 05°35'20", SUBTENDED BY A CHORD OF
0.98 FEET AT A BEARING OF S.68°39'17"E., FOR A DISTANCE OF 0.98 FEET
TO THE END OF SAID CURVE; THENCE RUN S.71°27'07"E. FOR A DISTANCE
OF 24.18 FEET; THENCE RUN S.70°37'57"E. FORA DISTANCE OF 41.56 FEET;
THENCE RUN S.71°54'39"E. FOR A DISTANCE OF 4.48 FEET; THENCE RUN
S.71°54'35"E. FOR A DISTANCE OF 3.41 FEET; THENCE RUN S.59°40'48"E. FOR
A DISTANCE OF 22.98 FEET; THENCE RUN S.34°03'55"E. FOR A DISTANCE OF
21.34 FEET; THENCE RUN S.11°53'54"E. FOR A DISTANCE OF 25.06 FEET;
THENCE RUN S.02°12'17"E. FOR A DISTANCE OF 15.80 FEET TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE
EAST; THENCE RUN SOUTHERLY,ALONG THE ARC OF SAID CURVE TO
THE LEFT, HAVING A RADIUS OF 10.00 FEET, THROUGH A CENTRAL
ANGLE OF 23°23'52", SUBTENDED BY A CHORD OF 4.06 FEET AT A
BEARING OF S.13°54'13"E., FOR A DISTANCE OF 4.08 FEET TO THE END OF
SAID CURVE.; THENCE RUN S.25°36'09"E. FOR A DISTANCE OF 25.60 FEET
TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO
THE NORTHEAST; THENCE RUN SOUTHEASTERLY,ALONG THE ARC OF
SAID CURVE TO THE LEFT, HAVING A RADIUS OF 10.00 FEET, THROUGH A
CENTRAL ANGLE OF 15°47'23", SUBTENDED BY A CHORD OF 2.75 FEET AT
A BEARING OF S.33°29'50"E., FOR A DISTANCE OF 2.76 FEET TO THE END OF
SAID CURVE.; THENCE RUN S.41°23'31"E. FOR A DISTANCE OF 31.30 FEET
TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO
THE NORTHEAST; THENCE RUN SOUTHEASTERLY,ALONG THE ARC OF
SAID CURVE TO THE LEFT, HAVING A RADIUS OF 5.00 FEET, THROUGH A
CENTRAL ANGLE OF 09°00'02", SUBTENDED BY A CHORD OF 0.78 FEET AT
A BEARING OF S.45°53'32"E., FOR A DISTANCE OF 0.79 FEET TO THE END OF
SAID CURVE.; THENCE RUN S.50°23'33"E. FOR A DISTANCE OF 14.52 FEET;
THENCE RUN S.39°34'12"E. FOR A DISTANCE OF 30.72 FEET; THENCE RUN
S.80°35'17"E.FOR A DISTANCE OF 6.46 FEET; THENCE RUN S.43°56'46"E. FOR
A DISTANCE OF 9.14 FEET TO THE BEGINNING OF A TANGENTIAL
CIRCULAR CURVE, CONCAVE TO THE NORTH; THENCE RUN EASTERLY,
ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 5.00
FEET, THROUGH A CENTRAL ANGLE OF 51°15'45", SUBTENDED BY A
CHORD OF 4.33 FEET AT A BEARING OF S.69°34'38"E., FOR A DISTANCE OF
4.47 FEET TO THE END OF SAID CURVE.; THENCE RUN N.84°47'29"E. FOR A
DISTANCE OF 35.84 FEET; THENCE RUN S.53°09'46"E. FOR A DISTANCE OF
42.90 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 16,249
SQUARE FEET OR 0.373 ACRES,MORE OR LESS
EXHIBIT B
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•
BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED BEARING OF
S89°55'38"W. ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF
SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND
RESERVATIONS OF RECORD.
-5 � 09/12/14
STEPHEN E. BERRY, STATE OF FLORIDA, (L.S. #5296)
BBLS SURVEYORS &MAPPERS INC., (L.B. #6753)
PROOFED BY
(SEE ATTACHED SKETCH-SHEET 4 OF 4)
EXHIBIT B
SHEET 3 OF 4
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