Avalon of Naples INSTR 5323740 OR 5324 PG 1019
Prepared By and Return To: RECORDED 10/18/2016 8:20 AM PAGES 7
Vogler Ashton,PLLC DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
241 I-A Manatee Ave.W. COLLIER COUNTY FLORIDA
Bradenton FL 34205
DOC@.70$0.70 REC$61.00
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT, (the "Easement"), is given this .3/ day of
�, 2016, by AVALON OF NAPLES, LLC, a Florida limited liability company, as
Granto , whose address is 5800 Lakewood Ranch Blvd., Sarasota, Florida, 34240, 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 is the owner of that certain tract of land located in Collier County, Florida
described in Exhibit "Al" attached hereto and incorporated herein, (hereinafter referred to as the
"Property"); and,
WHEREAS, Collier County is requiring that this 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 Exhibit "B," attached hereto and
incorporated herein,(the"Easement Property").
NOW, THEREFORE, Grantor hereby conveys this Easement for conservation purposes to
Collier County as follows:
1. Grantor, its successors, heirs, assigns and/or transferees, hereby grants a non-exclusive
easement to Collier County over and across the Easement Property, as described on Exhibit"B," for the
purpose of conservation. Collier County shall have no responsibility for maintenance of the Easement.
2. The following acts are prohibited on the Easement Property without the prior consent of
Collier County:
a. No buildings, structures or impediments of any nature may be constructed,
placed or permitted on,over or across the Easement Property.
b. No dumping or placing of soil or other substances such as trash or unsightly or
offensive materials shall be permitted on the Easement Property.
c. There shall be no removal or destruction of trees, shrubs or other vegetation with
the exception of exotic/nuisance vegetation removal.
d. 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.
e. No dikes or fencing shall be permitted on the Easement Property.
1
f. 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.
g. The Easement Property shall be in no way altered from its natural or permitted
state;provided however, the following exceptions apply and are permitted:
i. Archaeological surveys or excavations are permissible for areas
designated as archaeological sites by the State or Federal governments or by Grantee; and/or,
ii. Uses as permitted by Section 3.05.07.11 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
Easement Property described herein, provided it is an allowable use in the underlying zoning district.
3. Grantor, 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 Easement.
5. Grantor reserves all rights as owner of the Easement Property, including the right to
engage in uses of the Easement Property that arc not prohibited herein and which are not inconsistent with
any County ordinance,regulation or development permit, and the intent and purposes of this 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 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.
9. This 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 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 Easement Property and their successors and/or
assigns, it being the intention of the Grantor that this Easement be perpetual.
11. If any provisions of the Easement or the application thereof to any person or
circumstances is found to be invalid, the remainder of the provisions of this Easement shall not be
affected thereby, as long as the purpose of the Easement is preserved.
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12. Enforcement of the terms, provisions and restrictions of this 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
costs 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:
AVALON OF NAPLES, LLC,a Florida limited
.,� liability company
Witness
SHERRY S.DODDEMA
By: Neal Communities of Southwest Florida,LLC,
Pr' Name of Witess a Florida limited liability company
Z �,�/!?�-� Its: Manager
rtness Priscilla G.Heim By: NCDG Manag ent, LLC,a Florida
limited habil' ompany
Its: Manager
Print Name of Witness
By:
mes R. Schier, its Manager
STATE OF FLORIDA
COUNTY OF SARASOTA
The foregoing instrument was acknowledged before me thisL day of I I 2016,by James R.Schier,as
Manager of NCDG Management, LLC, a Florida limited liability company, as Manager f Neal Communities of Southwest
Florida,LLC,a Florida limited liability comps /,'as Manager of Avalon of Naples,LLC,a Florida limited liability company,for
and on behalf of the Companies, ( tt// ) who is personally known to me or ( ) who has produced
as identification.
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Acceptance by Grantee:
ATTEST.:ST.: BOARD OF COcJNTY COMMISSIONERS
DW CJH E. BROCK,CLERK COLLIER CO NTY, FLORID
aikitbl
eput estrkt - Donna iala, Chairman
signature only.
Approved s to forand
legality:
II
Scott A. Stone, Assistant County Attorney
APPROVED PURSUANT TO RESO. 2010-39
4
Exhibit"A"
The Property
A TRACT OR PARCEL OF LAND, LYING IN SECTION 8, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH ONE QUARTER CORNER OF THE
AFOREMENTIONED SECTION 8, THENCE SOUTH 00°46'20" EAST FOR 75.00 FEET TO
A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF DAVIS ROAD (S.R. 84), SAID
POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
PARCEL;
THENCE CONTINUE SOUTH 00°46'20" EAST ALONG THE EAST LINE OF THE EAST
ONE HALF OF THE NORTHEAST ONE QUARTER OF THE NORTHEAST ONE
QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 8, A DISTANCE OF
602.79 FEET; THENCE CONTINUE SOUTH 00°46'20" EAST ALONG THE EAST LINE OF
THE NORTHEAST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF THE
NORTHEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER A DISTANCE OF
339.23 FEET; THENCE NORTH 89°48'36" WEST ALONG THE SOUTHERLY LINE OF
THE NORTHEAST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF THE
NORTHEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER A DISTANCE OF
332.43 FEET; THENCE CONTINUE NORTH 89°48'36" WEST ALONG THE SOUTHERLY
LINE OF THE NORTHWEST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF
THE NORTHEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER A DISTANCE
OF 332.58 FEET; THENCE NORTH 00°45'38" WEST ALONG THE WESTERLY LINE OF
THE NORTHWEST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF THE
NORTHEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER A DISTANCE OF
337.47 FEET; THENCE NORTH 89°55'34" WEST ALONG THE SOUTHERLY LINE OF
THE NORTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF THE
NORTHWEST ONE QUARTER A DISTANCE OF 614.54 FEET TO AN INTERSECTION
WITH THE EASTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD; THENCE
NORTH 00°43'20" WEST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 600.30
FEET TO AN INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF
DAVIS ROAD; THENCE NORTH 89°56'40" EAST EASTERLY ALONG SAID RIGHT OF
WAY LINE, BEING PARALLEL TO, AND 75.00 FEET SOUTHERLY OF THE NORTH
LINE OF THE NORTHWEST ONE QUARTER OF SECTION 8, A DISTANCE OF 1,278.89
FEET TO THE POINT OF BEGINNING.
CONTAINING 994,499 SQUARE FEET OR 22.83 ACRES, MORE OR LESS.
5
(EXHIBIT "B" POC DESC.
NORTH 1/4 CORNER
OF SECTION 8
DAVIS ROAD (S.R. 84)
150' PUBLIC RIGH I OF WAY
SOO°46'20"E 75.01' --..
L9 _
N89'56'40"E 267.69
-- — - -- SOUTH L8
I� LEGEND RIGHT-OF-WAY POB DESC.
< C = CHORD LENGTH LINE Iv
<1., CH = CHORD BEARING
0 0ZI1- DESC. = AARCCRLENGTH IPTION I C4 I
2 NORTH-BOUT(
cC o OR OFFICIAL RECORDS BOOK I I t E;
`'� C3 PG = PAGE QUARTER
SECTION LINE
m (.2 POB. = POINT OF BEGINNING rn
Z m POC. = POINT OF COMMENCEMENT PARCEL NO. 00404520005 O
w z S.R. = STATE ROAD OR 3391, PG 2148 PARCEL NO. 0040456n07r N
0. OR 3391, PG 2176 M o
oOro R = RADIUS N
O A = DELTA ANGLE o '
�� _ I I N W
'
b
I N
5 O (0
o I z d
O
NO
o U)
c
-- v
c
e WEST LINE OF THE
N1/2 OF THE SE 1/4 OF CLC,
o THE NE 1/4 OF THE NW 1/4 0
OF SECTION 8 o' L2 L3 L
c O I
-CeN PARCEL NO. 00405560006
LINE TABLE OR 3391, PG 2176
-- - - PARCEL NO. 00406560005
LINE BEARING LENGTH (0 OR 3391, PG 2148 SOUTH LINE OF THE
rn
2 --- -- In N1/2 OF THE SE 1/4 OF THE
n. L1 S75°43'05"E 216.98' .* NE 1/4 OF THE NW 1/4 OF
--- o I SECTION 8
Q L2 S86°28'06"E 110.00' z
oN89°48'36"W 665.00'
o L N89'37'57"E 80.22'
______
CURVE TABLE
L4 N70°25'27"E 68.36' —
6 .
o CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD I
kJ
L5 N30°09'05"E 69.20'
L6 S89°13'40"W 142.94' _Cl 151.12' 215.00' 40°16'22" N50°17'16"E 148.03' I
02 55.85' 88.00' 36°21'59" N71°52'20"W 54.92' I
0. L7 S89'56'40"W 56.22'
2C3 6.56' 72.00' 5°13'19" N87°26'40"W 6.56'
L8 NOO°03'20"W 20.20' 0 5010 200
a C4 18.15' 10.00' 104'00'33" N32'49'44"W 15.76' 1"=200'
N L9 N44°58'20"E 41.24'
M C5 104.05' 310.00' 19°13'52" N09°33'36"E 103.56'
g NOTES:
1. BEARINGS SHOWN HEREON ARE BASED ON STATE PLANE
8 COORDINATES, FLORIDA ZONE EAST, NORTH AMERICAN DATUM
Y OF 83 WHEREIN THE NORTH-SOUTH QUARTER SECTION LINE OF � O c
oo
SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST BEARS
A S.00°46'20"E. TIMOTHY
J. DEVRIES DATE
2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO PROFESSIONAL SURVEYOR AND MAPPER
ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT FLORIDA CERTIFICATE NO. LS 6758
N PARCEL. NOT VALID WITHOUT THE SIGNATURE AND THE
3. PARCEL CONTAINS 241,385 SQUARE FEET OR 5.54 ACRES, ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
Qa. MORE OR LESS. SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
CONSERVATION EASEMENT 12.1W16610 Willow Park Dr.,Suite 200
Nap , 34109
LYING IN Ph nle(239)r'da 597-0575
SECTION 8,TOWNSHIP 50 SOUTH, RANGE 26 EAST Fax:(239)597-0578
COLLIER COUNTY, FLORIDA LB No.:6952
ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
140013.00.02 2 8 50 26 1"=200' 04/17/15 TJD CONS EASE 1 OF 2
EXHIBIT "B"
DESCRIPTION
A TRACT OR PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, TRACT OR PARCEL IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 8 THENCE 5.00'46'20"E. ON THE
NORTH --SOUTH QUARTER SECTION LINE FOR 75.01 FEET TO AN INTERSECTION WITH THE SOUTH
RIGHT-OF-WAY LINE OF DAVIS ROAD (STATE ROAD 84)(150 FEET WIDE) AND THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUE S.00'46'20"E., ON SAID NORTH-SOUTH QUARTER SECTION LINE FOR 942.02 FEET TO THE
SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 8;
THENCE N.89'48'36"W. ON SAID SOUTH LINE FOR 665.00 FEET TO THE WEST LINE OF THE NORTH HALF OF
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8;
THENCE N.00'45'38"W. ON SAID WEST LINE FOR 270.90 FEET;
g THENCE S.7643'05"E.. DEPARTING SAID WEST LINE, FOR 216.98 FEET;
0
THENCE S.86'28'06"E., FOR 110.00 FEET;
0
THENCE N.89'37'57"E., FOR 80.22 FEET;
THENCE N.70'25'27"E., FOR 68.36 FEET TO A POINT OF CURVATURE;
THENCE NORTHEASTERLY 151.12 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A
RADIUS OF 215.00 FEET THROUGH A CENTRAL ANGLE OF 40'16'22" AND BEING SUBTENDED BY A CHORD
WHICH BEARS N.50'17'16"E. FOR 148.03 FEET;
THENCE N.30'09'05"E., FOR 69.20 FEET;
0
THENCE N.00'46'20"W., FOR 370.95 FEET;
THENCE S.89°13'40"W. FOR 142.94 FEET TO A POINT ON A CURVE;
THENCE WESTERLY 55.85 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT HAVING A
RADIUS OF 88.00 FEET THROUGH A CENTRAL ANGLE OF 3621'59" AND BEING SUBTENDED BY A CHORD
WHICH BEARS N.71'52'20"W. FOR 54.92 FEET;
g THENCE S.89'56'40"W., FOR 56.22 FEET TO A POINT OF CURVATURE;
THENCE WESTERLY 6.56 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF
72.00 FEET THROUGH A CENTRAL ANGLE OF 05'13'19" AND BEING SUBTENDED BY A CHORD WHICH BEARS
N.87'26'40"W. FOR 6.56 FEET TO A POINT OF COMPOUND CURVATURE;
THENCE NORTHWESTERLY 18.15 FEET ALONG THE ARC OF A COMPOUND CURVE TO THE RIGHT HAVING A
RADIUS OF 10.00 FEET THROUGH A CENTRAL ANGLE OF 104'00'33" AND BEING SUBTENDED BY A CHORD
WHICH BEARS N.32'49'44"W. FOR 15,76 FEET TO A POINT OF REVERSE CURVATURE;
THENCE NORTHERLY 104.05 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF
310.00 FEET THROUGH A CENTRAL ANGLE OF 19'13'52" AND BEING SUBTENDED BY A CHORD WHICH BEARS
g N.09'33'36"E. FOR 103.56 FEET;
o THENCE N.00'03'20"W. FOR 20.20 FEET;
0
THENCE N.44'58'20"E. FOR 41.24 FEET TO INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID
DAVIS BOULEVARD;
THENCE N.89'56'40"E. ON SAID SOUTH RIGHT-OF-WAY LINE FOR 267.69 FEET TO THE POINT OF BEGINNING
0, OF THE PARCEL DESCRIBED HEREIN;
CONTAINING 241,385 SQUARE FEET OR 5.54 ACRES, MORE OR LESS.
BEARINGS HEREINABOVE MENTIONED ARE BASED ON STATE PLANE COORDINATES, FLORIDA ZONE EAST, NORTH
AMERICAN DATUM OF 83 WHEREIN THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 8 BEARS
S.00'46'20"E.
CONSERVATION EASEMENT 6610 Willow Park Dr.,site 200
Naples,Florida 34109
LYING IN Phone(239)597-0575
SECTION 8,TOWNSHIP 50 SOUTH, RANGE 26 EAST Fax:(239)597-0578
COLLIER COUNTY, FLORIDA LB No.:6952
ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
140013.00.02 2 8 50 26 04/17/15 TJD CONS EASE 2 OF 2