Collier Charter School PL 2015 0 0 0 2 0 8 9 REV 2
INSTR 5301340 OR 5304 PG 130
RECORDED 8/15/2016 1 06 PM PAGES 9
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
THIS INSTRUMENT PREPARED BY&RETURN TO: R EC$78.00
NAME:
ADDRESS:
PARCEL I.D. #
SPACE ABOVE THIS LINE FOR PROCESSING DATA I SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this 10 day of
February 20 16 , by [Name of Grantor]
TBD Land Ventures, LLC (hereinafter [short
name] TBD Land Ventures, LLC ), as Grantor, whose address is [address of Grantor]
9115 Galleria Ct. Ste 105, 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, [Grantor] TBD Land Ventures, 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") be entered into and recorded in the land records of Collier County to bind
[Grantor] TBD Land Ventures, 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. [Grantor] TBD Land Ventures, 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.
Revised 7/28/14 1
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. [Grantor] TBD Land Ventures, 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 7/28/14 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:
S ES:LOz_ [NAME OF GRANTOR]
Printed Name: Arlene Sanchez
c �
r � ru 7/,—�.� :y: .� < ��r�� Qq,v�cNfr�
Printed Name: kcarx'-1, ,hbc�; r ai ma.--� �n�v�rc�ue ,�c
Revised 7/28/14 3
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing instr ent was subscribed, sworn and acknowledged before me this
/6 day of -e.--/4, ti / , 20 /l� , by [authorized signor of
Grantor entity] Jt'�n /-�j1�e4 l as [title]
ictfor [entity] T v fc r'e� �1 , and who is D(
person to me or [ ] who produced as identification.
ARLENE SANCHEZ
•`= MY COMMISSION It EE849098 NO 'ARY PUBLIC
UBLIC
to EXPIRES November 05,2016 I Arlene Sanchez
(407)398-0153 FlorldallotaryServlce.com Printed Name:
My Commission xpires:
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
4.14/40
r;#e ,4 n'S Do sevfNek5 a'a , Chair mars
,P-tire only.
Ap•roved as • form and
le :lity:
s�o A•
Assistant County Attorney
CP\11-ENS-00442\4
APPROVED PURSUANT TO RESO. 2010-39
Revised 7/28/14 4
EXHIBIT A
[PROPERTY DESCRIPTION]
I /
I / I
1 O JOSEPH & KATHLEEN MANZELLA / TWIN EAGLES PHASE ONE
11534 AERIE LN / PB 80 PG 76 IPEGGY HARBACH-TENNANT
/ 11542 AERIE LN
N01°03'27"WN01°03'27"W /1016.48' i EAST LINE SECTION 20
352.40'
(B.O.B.) 30' DRAINAGE EASEMENT WEST LINE SECTION 21 30' DRAINAGE EASEMENT ——
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60' ROAD RIGHT OF WAY 8TH STREET NW
Cn O I 30' ROAD RIGHT OF WAY
RTN STREET NW 60' ROAD RIGHT OF WAY
d I — i — — S00°29'37"E 793.02' — S00°29'37"E 180.00'
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EXHIBIT B
[LEGAL DESCRIPTION AND SKETCH OF CONSERVATION EASEMENT AREA]
RHODES it RHODES LAND SURVEYING INC.
JOHN SCOTT RHODES,P8.11L THOMAS E RHODES,ES.11Z
PHONE(839)405-8166 FAX(239)405-8163
PRESERVE EASEMENT
A PARCEL OF LAND LYING IN SECTION 21,TOWNSHIP 48,SOUTH RANGE 27 EAST,COLLIER COUNTY,FLORIDA.BEING
A PART OF TRACTS 1 AND 2,GOLDEN GATE ESTATES,UNIT 21,AS RECORDED IN PLAT BOOK 7 PAGE 81 THROUGH 83,
OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21,TOWNSHIP 48 SOUTH,RANGE 27 EAST,COLLIER COUNTY,
FLORIDA;THENCE ALONG THE WEST LINE OF SAID SECTION 21,NORTH 01°03'27"WEST,A DISTANCE OF 352.40 FEET;
THENCE DEPARTING SAID WEST LINE OF SECTION 21,NORTH 88°56'33"EAST,A DISTANCE OF 256.57 FEET TO A POINT
ON A NON-TANGENTIAL CURVE AND TO THE POINT OF BEGINNING;THENCE NORTHWESTERLY,87.10 FEET ALONG
THE ARC OF A CIRCULAR CURVE,CONCAVE SOUTHWESTERLY,HAVING A RADIUS OF 173.00 FEET,THROUGH A
CENTRAL ANGLE OF 28°50'50"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 63°02'11"WEST,86.19 FEET
TO A POINT OF REVERSE CURVATURE;THENCE NORTHWESTERLY,87.33 FEET ALONG THE ARC OF A CIRCULAR
CURVE,CONCAVE NORTHEASTERLY,HAVING A RADIUS OF 75.00 FEET,THROUGH A CENTRAL ANGLE OF 66°42'54"
AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 44°06'10"WEST,82.48 FEET;THENCE NORTH 10°44'43"
WEST,A DISTANCE OF 42.99 FEET;THENCE NORTH 02°02'54"EAST,A DISTANCE OF 22.82 FEET;THENCE NORTH
13°37'08"EAST,A DISTANCE OF 35.90 FEET;THENCE NORTH 46°36'13"EAST,A DISTANCE OF 50.89 FEET;THENCE
NORTH 37°24'30"EAST,A DISTANCE OF 72.91 FEET;THENCE NORTH 30°02'33"EAST,A DISTANCE OF 93.90 FEET TO A
POINT ON A NON-TANGENTIAL CURVE;THENCE NORTHERLY,8.24 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE WESTERLY,HAVING A RADIUS OF 25.00 FEET,THROUGH A CENTRAL ANGLE OF 18°53'05"AND BEING
SUBTENDED BY A CHORD THAT BEARS NORTH 18°48'23"EAST,8.20 FEET;THENCE NORTH 09°21'50"EAST,A DISTANCE
OF 30.07 FEET TO A POINT OF CURVATURE;THENCE NORTHEASTERLY,69.94 FEET ALONG THE ARC OF A CIRCULAR
CURVE,CONCAVE SOUTHEASTERLY,HAVING A RADIUS OF 50.00 FEET,THROUGH A CENTRAL ANGLE OF 80°08'49"
AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 49°26'15"EAST,64.38 FEET;THENCE NORTH 89°30'39"EAST,
A DISTANCE OF 140.78 FEET TO A POINT OF CURVATURE;THENCE EASTERLY,35.18 FEET ALONG THE ARC OF A
CIRCULAR CURVE,CONCAVE SOUTHERLY,HAVING A RADIUS OF 50.00 FEET,THROUGH A CENTRAL ANGLE OF
40°19'01"AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 70°19'50"EAST,34.46 FEET;THENCE SOUTH
50°10'20"EAST,A DISTANCE OF 24.65 FEET TO A POINT OF CURVATURE;THENCE SOUTHERLY,23.69 FEET ALONG THE
ARC OF A CIRCULAR CURVE,CONCAVE WESTERLY,HAVING A RADIUS OF 15.00 FEET,THROUGH A CENTRAL ANGLE
OF 90°29'11"AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 04°55'44"EAST,21.30 FEET;THENCE SOUTH
40°18'51"WEST,A DISTANCE OF 36.96 FEET;THENCE SOUTH 11°29'30"WEST,A DISTANCE OF 47.05 FEET;THENCE
SOUTH 20°02'32"WEST,A DISTANCE OF 78.12 FEET;THENCE SOUTH 27°40'25"WEST,A DISTANCE OF 44.05 FEET;
THENCE SOUTH 42°03'52"WEST,A DISTANCE OF 33.43 FEET;THENCE SOUTH 52°25'33"WEST,A DISTANCE OF 76.85
FEET;THENCE SOUTH 18°52'59"WEST,A DISTANCE OF 65.41 FEET;THENCE SOUTH 09°54'03"WEST,A DISTANCE OF
40.58 FEET;THENCE SOUTH 37°18'49"WEST,A DISTANCE OF 52.64 FEET TO A POINT OF CURVATURE;THENCE
WESTERLY,24.63 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE NORTHERLY,HAVING A RADIUS OF 15.00
FEET,THROUGH A CENTRAL ANGLE OF 94°04'25"AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 84°21'01"
WEST,21.95 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 2.27 ACRES,OR 98,773 SQUARE FEET,MORE OR LESS.
BEARINGS ARE BASED ON THE WEST LINE OF SECTION 21,BEARING NORTH 01°03'27"WEST AND RELATE TO THE
STATE PLANE COORDINATE SYSTEM ESTABLISHED BY THE NATIONAL GEODETIC SURVEY FOR FLORIDA EAST ZONE,
1983 DATUM WITH 1990 ADJUSTMENT.
JOHN O RHODES,P.S.M.,NO.LS5739
PRO SSIONAL SURVEYOR&MAPPER,..
STATE OF FLORIDA
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TWIN EAGLES PHASE ONE I
N01°03'27"W PB 80 PG 78EAST LINE SECTION 20 _ — — — —.— — — — 1
352.40'_BASE — — — — —.— — — —— — — WEST LINE SECTION 21
BEARING T , _———
�' 30' DRAINAGE EASEMENT
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