Habitat for Humanity THIS INSTRUMENT PREPARED BY&RETURN TO:
NAME: W. Jeffrey Cecil,Esq.
ADDRESS: 9132 STRADA PLACE INSTR 5840711 OR 5737 PG 2558
THIRD FLOOR RECORDED 3/10/2020 4:54 PM PAGES 9
NAPLES,FL 34108 CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
PARCEL I.D. PART OF#00428200408 DOC@.70$0.70 REC $78.00
SPACE ABOVE THIS LINE FOR PROCESSING DATA I SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this E day of February 2020, by
Habitat for Humanity of Collier County, Inc., a Florida not-for-profit Corporation
(hereinafter "Habitat"), as Grantor, whose address is 11145 Tamiami Trail East, Naples,
FL 34113, 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, Habitat 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
Habitat; 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. Habitat, 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 2/13/2019 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. Habitat, 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 2/13/2019 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: Habitat for Humanity of Collier County, Inc.
a Florida not-for-profit Corporation
Print • . It4AVA Fiat
By:
Printed Name: ,16x0 0li- 2ocCt Nicholas Kouloheras, President
Revised 2/13/2019 3
STATE OF • ♦_ k ....
COUNTY OF w_ ' i
SWORN TO and subscribed before me by,means ofr2 physical presence or 111online notarization this day of
-V Q.5pf v.cAr-v , 2020, by ‘(--V, \0\4. KOkA\c - c U . Such person(s)
Notary Public must check applicable box:
Mare personally known to me.
❑ produced her current driver license.
❑ produced as identification.
-... --(iAr-i
(Notary
C)\________
NQ
E., AMY ELIZABETH LEVITRE
NotaryPublic
1.-e-;.,--N-.\ Notary Public-State of Florida �
Commission:GG 193799 Printed Name of Notary: M ..1ti�
"'Fo o My Comm.Expires Jul 4,2022 Commission Number: GG (�'3r]�a
Bonded through National Notary Assn. ( �(, 130:) ,..
STATE
My Commission Expires: I or
STATE OF
COUNTY O
The foregoing in ument was acknowledged before me by means of❑physical presence ❑online notarization
this day of , 2020, by . Such person(s)
Notary Public must chec' plicable box:
AELare personally known to me.
N
111prod ed her currentdriver license.
111 produced. ' as identification.
(Notary Seal)
Notary Publi
Printed Name o • otary:
Commission Numbe
My Commission Expires.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYS'Ab KrIrKINZEL, CLERK COLLIER COUNTY, FLORIDA
6,1 •, - By:
_�L� �
r QST�S "� ,Clerk Burt L. Saunders, Chairman
(e)1,,:
;Sig nafu#a
AppXep asocxrn and legality:
S. ar,
Assistant County Attorney
l ct 1 0J' a
EXHIBIT "A"
The NW 1/4 of the NW 1/4 of the NE 1/4, less the South 30 feet, in Section
17, Township 50South, Range 26 East, Collier County, Florida.
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CxUiy►T a Puy_ 1 1a
Description
Being a portion of the Northwest 14 of the Northwest 14 of the Northeast 14 of Section 17, Township
50 South, Range 26 East, Collier County, Florida being more particularly described as follows:
Beginning at the North Quarter Corner of Section 17, Township 50 South, Range 26 East, Collier
County, Florida; thence run South 88'57'23" East, along the North line of the Northeast 14 of said
Section 17, for a distance of 484.09 feet; thence run South 00'19'39" East a distance of 167.84 feet;
thence southeasterly along the arc of a tangential curve to the left with a radius of 10.00 feet,
having a chord bearing of South 45'19'39" East and a chord distance of 14.14 feet, having a central
angle of 90'00'00" and an arc length of 15.71 feet; thence run North 89'40'21" East, for a distance
of 14.75 feet; thence southeasterly along the arc of a tangential curve to the right with a radius of
10.00 feet, having a chord bearing of South 45'19'39" East and a chord distance of 14.14 feet,
having a central angle of 90'00'00" and an arc length of 15.71 feet; thence run South 00'19'39" East,
for a distance of 41.49 feet; thence southwesterly along the arc of a tangential curve to the right
with a radius of 10.00 feet, having a chord bearing of South 25'19'53" West and a chord distance of
8.66 feet, having a central angle of 51'19'04" and an arc length of 8.96 feet; thence southwesterly
along the arc of a reverse tangential curve to the left with a radius of 62.00 feet, having a chord
bearing of South 25'19'53" West and a chord distance of 53.69 feet, having a central angle of
51'19'04" and an arc length of 55.53 feet; thence run South 00'19'39" East, for a distance of 341.42
feet to its intersection with the northerly line of those lands described in Official Records Book 4566
at Page 2018 of the Public Records of Collier County, Florida; thence run North 89'00'48" West, along
the northerly line of said described lands for a distance of 491.83 feet to its intersection with the
West line of the Northeast 14 of said Section 17; thence run North 00'19'39" West, along the West line
of the Northeast 14 of said Section 17 for a distance of 627.26 feet to the Point of Beginning.
Containing 308,861.53 square feet or 7.09 acres more or less.
Notes:
1. This is not a survey
2. Bearings shown hereon are based on the North line of the Northeast 1/4 of Section 17, Township
50 South, Range 26 East as being South 88'57'23" East as located in State Plane Coordinate
System, Florida East Zone, NAD 83, 2007 adjustment.
3. No easement search or abstracting was done by the surveyor and note should be taken that this
property is subject to any facts that may be revealed under a full and accurate title search.
4. All dimensions are in feet and decimals thereof, unless otherwise noted.
5. Subject to easement, reservation and restrictions of record.
6. This sheet is part of a 2 sheet set and should be considered incomplete without sheet 1 of 2.
1 JEYING Sketch and Description
J�
o ' y A Portion of Section 17
��� ,, H Township 50 South Range 26 East
a ILilirr•F- Z Collier County, Florida
41
MARCO SURVEYING & MAPPING CLIENT: Hogan Engineering
3825 BECK BOULEVARD
SUITE 725 PROJECT#: P116 SUB PROJECT: Preserve Description
NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER SHEET# DRAWING NO.
\ WWW MARCO
026
OSUR VEYS.COM DJH 5/2018 N/A 18-328 2 of 2 1-106}
FxNIahT "f?i
I CURVE TABLE
I CURVE RADIUS DELTA LENGTH 1 CHORD BEARING CHORD
I
CI 10.00' 90'00'00" 15.71' S45'19'39 E 14.14'
C2 10.00' 90'00'00" 15.71' S45'19'39"E 14.14'
POINT OF BEGINNING PARCEL NO.
North 1/4 corner 00405320000 I C3 10.00' 51'19'04" 8.96' S25'19'53"W 8.66'
of Section 17,
Township 50 South, C4 62.00' 51'19'04" 55.53' S25'19'53"W 53.69'
PARCEL Na /8Ran a 26 East
00402880006 9 S88°57'23"E 484.09' PARCEL NO.
00403480007
17 BASIS OF BEARING — — — — — —
GRAPHIC SCALE
v
0 50 100 200 coMMI co
LL
co
( IN FEET ) 1
1 inch = 100 ft. — 1
6 +I0
Za 0
0
0
Z N
n 0 c, 02
0 UPLAND co. 2
(0.46 Ac.t) I
N87°' 21"E I
14.75' I
`N S00° 19'39"E ---/‘C.)
CV 41.49'
-co NW 1/4 OF T E NW 1/4 OF THE
cn
a, NE 1/4 LESS THE SOUTH 30 FEET I
OF SECTION 1 TOWNSHIP 50 SOUTH,
ED R' GE 26 EAST I
Z (VACANT) I
57:6 WHITAKER ROAD
P'RCEL: 00427040008 v
PARCEL NO. pyo
00427240003 WETLAND No. 1 W s
(5.92 Ac.±) M 1
1
O 0
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co
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1
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UPLAND No. 4
UP ND No. (0.29 Ac.t)
0.20 Ac.f) -- 10'D.E., AE, &M.E.
r
1 0.R. 4566, PG. 2018
N89°00'48"W 491.83'
Revisions: WHITAKER ROAD
11. Revised to show upland area breakdown 5-28-2018 D.J.H. 60'RIGHT-OF-WAY
For the Exclosive Use Of:
Hagan Engineering J�vEYIJVG Sketch and Description
_ti. 1, A Portion of Section 17
t Township 50 South Range 26 East
n a Iii
-,c a Collier County, Florida
ft ; I
DavidJ. hij�a� P� 'Y �
Florida Licen No. 5834 MARCO SURVEYING do MAPPING CLIENT: Hogan Engineering
Not valid without the signature and 3825 BECK BOULEVARD #:1p116 SUB PROJECT: Preserve Description
seal of the Florida Licensed SUITE 725 PROJECT
Professional Surveyor and Mapper NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER SHEET if DRAWING N0.
(239) 389-0026
Certificate of Authorization #7705. WWWMARCOSURVEYS.COM DJH 5/2018 1"=100' 18-328 1 of 2 1-106J