Beraca Baptist Church, Inc. THIS INSTRUMENT PREPARED BY&RETURN TO:
NAME: BERACA BAPTIST CHURCH,INC.
ADDRESS: P.O.BOX 922
IMMOKALEE,FL 34143
INSTR 5909679 OR 5803 PG 555
RECORDED 8/17/2020 4:43 PM PAGES 9
PARCEL I.D. #00071840008& 00072800005 CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
DOC@.70$0.70 REC $78.00
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
)
THIS CONSERVATION EASEMENT given this I lv day of July, 2020, by
BERACA BAPTIST CHURCH, INC., a Florida not-for-profit corporation, (hereinafter
Beraca), as Grantor, whose address is P.O. Box 922, Immokalee, FL 34143, 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, Beraca 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
Beraca; 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. Beraca, 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.
1
Revised 2/13/2019
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. Beraca, 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.
2
Revised 2/13/2019
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:
WITN SES: BERACA BAPTIST CHURCH, INC.
a Florida not-for-profit corporation
Prin d Name: Ma+"i ' I)e5)-joe
A,QA , • By 4M j /A
Printed Name: ererc ,i1 C I4r - EVENS SAINT L O U I S ,
Pastor/President
3
Revised 2/13/2019
STATE OF FLORIDA )
COUNTY OF C--GE-LIE-R )
i4cND2�'�
The forego foregong instrument was subscribed, sworn and acknowledged before me by
means of [ physical presence or [ ] online notarization, this 1 Li day of
1-(41y , 2020, by EVENS HINT LOUIS, as Pastor/President for
BERACA BAPTIST CHURCH, INC., who is personally known to me or [ ] who
produced as identific tion.
4RY PU
�•e. KERENSA M. CLARK
>
_° „`�i Notary Public-State of i del
`//�
•: �! n •@ Commission# FF 985208 i. f 4, .t _
ob p,` My Comm.Expires Aug 14,2020' NOTARY PUBLIC
i :":"4:4Tmi,\I(*Isss..,(tded..throfhlati...on,allolar_y Assn. + /$ _ Printed Name: )� erelsa Ah - C .�.rii—
My Commission Expires:
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K.'KINZEL,,CLERK COLLIER COUNTY, FLORIDA
r .
By: Caw
i s- t0�' . Ass."7:„.": "...4,1„,,..-
_ .
Dip. , , lad , , 'bud_ L. iltic krS , Chairperson
Attest as- a an s
signature only.
Approved as to form and
Qal sufficie y:
rekfl. Perry
Assistant County Attor ey
CP\11-ENS-00442\4
4
Revised 2/13/2019
EXHIBIT "A"
Section 31 , Township 46 South, Range 29 East,
Collier County, Florida. .
SITE 3702 Lake Trafford Road, Immokalee, Florida 34142
LEGAL DESCRIPTION :
Parcel 1: (O.R.B. 5337, Pg. 1374)
Commencing at the Northwest corner of Section 31, Township 46 South, Range 29 East,
Collier County, Florida, run South 84 degrees 45 minutes 30 seconds East 987.00 feet along
the North line of said Section; thence South 00 degrees 49 minutes 30 seconds East 2160.96
feet to the Point of Beginning; thence continue South 00 degrees 49 minutes 30 seconds East
400.00 feet to the North right of way line of Lake Trafford Road (C-850); thence North 87
degrees 57 minutes 00 seconds West 200.00 feet along said right of way; thence North 00
degrees 49 minutes 30 seconds West 400.00 feet; thence South 87 degrees 57 minutes 00
seconds East 200.00 feet to the Point of Beginning.
Parcel 2: (O.R.B. 5337, Pg. 1374)
Commencing at the Northeast corner of Government Lot 1 of Section 31, continue along the
Northerly boundary line of Section 31 South 84 degrees 45 minutes 30 seconds East 30.17
feet to a concrete monument; thence South 00 degrees 49 minutes 30 seconds East 2160.96
feet parallel with the East line of said Government Lot 1 to a concrete monument, said
monument being 400 feet North of the North boundary line of State Road S-850, said point
being the Point of Beginning; thence continuing along the same line South 00 degrees 49
minutes 30 seconds East 400 feet to a concrete monument on the Northerly boundary line of
State Road S-850; thence South 87 degrees 57 minutes 00 seconds East along said Northerly
boundary line of State Road S-850 150 feet to a point; thence North 00 degrees 49 minutes 30
seconds West 400 feet to a point; thence North 87 degrees 57 minutes 00 seconds West 150
feet to a concrete monument and the Point of Beginning. The above described parcel being a
part of the Northwest 1/4 of Section 31, Township 46 South, Range 29 East.
ABBREVIATIONS AND LEGEND:
N_ NORTH SITE(PARCEL 1 and PARCEL 2, BOUNDARY LINE)
S_ SOUTH
E_ EAST CONSERVATION EASEMENT, BOUNDARY LINE
W_ WEST
AC._ ACRES CREEK
O.R.B._ OFFICIAL RECORD BOOK
P.G._ PAGE CONSERVATION EASEMENT
P.O.B._ POINT OF BEGINNING
Sq.Ft._ SQUARE FEET
Page 1 of _Z.
EXHIBIT "A"
Section 31 , Township 46 South, Range 29 East,
Collier County, Florida. .
SITE 3702 Lake Trafford Road, Immokalee, Florida 34142
VICINITY MAP
STI CI C E`�4
0
Z_Li_ < c, �_IIIII ...
IIIIIIIIIIIII
0 to ...
OO ...
,_
, ..
Lu...
... _,, IN1111
PP- QPc� Q P .(211111111~� R �\ I
Q� �� 3 Vill R;11i1a11111/
,«<< Q_A «,4,,,,, /r \."-Q1 *
,Pc,O �� Q
�Q� —w ¢ Q�G O o_'PC�
g� Q� G
w a O� �O J Q'
C J
1111 6 U
SITE- - _ -TAKE 1RAFFRO
�O ARROWHEADF ESER E T T T 1
Q� Os LAKE TRAFFORDP E
u PGA P.B.42, PAGE 94 r
\
P
SURVEYOR'S NOTES:
THE NORTH ARROW AND BEARINGS AS SHOWN HEREON ARE BASED OF BEARINGS VALUE S84°45'30"E,ALONG THE NORTH LINE OF
SECTION 31,TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA.
THE DESCRIPTION,SKETCH AND REPORT ARE NOT VALID UNLESS SIGNED AND SEALED BY FLORIDA LICENSED PROFESSIONAL LAND
SURVEYOR.
THIS SKETCH IS PREPARED FOR THE CONSERVATION EASEMENT PURPOSES AND CANNOT BE USED FOR ANYTHING ELSE.
THE SIDE LINE OF ABOVE DESCRIBED EASEMENT SHOULD BE EXTENDED OR SHORTENED TO CLOSE AT ALL ANGLE POINTS OF
CENTERLINE OR TO THE EXTENSION TO THE INTERSECTION TO LOTS OR RIGHT-OF•WA Y LINES AND AS SHOWN ON THE SKETCH.
SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY: THAT THE"SKETCH OF VICINITY MAP"AND REPORT RESULTING
THEREFOR WAS PERFORMED UNDER MY DIRECTION AND IS TRUE AND CORRECT TO "
THE BEST OF MY KNOWLEDGE AND BELIEF AND FURTHER, THAT IT MEETS THE By: u.�-��i
APPLICABLE PROVISIONS OF THE"STANDARDS OF PRACTICE FOR LAND SURVEYING Migue
IN THE STATE OF FLORIDA", PURSUANT TO SECTION 5J-17.050 THROUGH 5J-17.052 OF Professional Surve • . • Mapper
THE FLORIDA ADMINISTRATIVE CODE AND IT'S IMPLEMENTING LAW,CHAPTER No. 6594 State of Florida
472.027 OF THE FLORIDA STATUTES. Page Z Of Z.
EXHIBIT "B"
Section 31 , Township 46 South, Range 29 East,
Collier County, Florida. .
CONSERVATION EASEMENT AREA
LEGAL DESCRIPTION :
Beginning at the Northwest corner of Parcel 1, in Section 31, Township 46 South,
Range 29 East, according to Official Recorded Book 5337 at Page 1374 of the Public
Record of Collier County, Florida;
thence run South 88 degrees 05 minutes 29 seconds East,
along the North line of said Parcel 1, for 157.11;
thence run South 33 degrees 38 minutes 25 seconds East for 11.94 feet;
thence run South 08 degrees 00 minutes 16 seconds West for 7.83 feet;
thence run South 25 degrees 30 minutes 14 seconds West for 10.17 feet;
thence run South 74 degrees 43 minutes 48 seconds West for 11.21 feet;
thence run North 85 degrees 13 minutes 40 seconds West for 27.81 feet;
thence run South 66 degrees 04 minutes 12 seconds West for 9.09 feet;
thence run South 08 degrees 10 minutes 00 seconds West for 9.04 feet;
thence run South 19 degrees 44 minutes 06 seconds East for 22.49 feet;
thence run South 02 degrees 56 minutes 57 seconds East for 10.00 feet;
thence run South 35 degrees 27 minutes 06 seconds West for 15.27 feet;
thence run South 74 degrees 25 minutes 48 seconds East for 14.41 feet;
thence run North 88 degrees 09 minutes 21 seconds East for 19.13 feet;
thence run South 00 degrees 10 minutes 58 seconds East, being a line 76 feet East
and parallel to West line of said Parcel 1, for 89.43 feet;
thence run North 88 degrees 05 minutes 29 seconds West, being a line 179 feet South
and parallel to North line of said Parcel 1, for 76.05 feet;
thence run North 00 degrees 10 minutes 58 seconds West, along the West line of said
Parcel 1 for 179.12 feet to the Point of Beginning.
Lying and being in Collier County, Florida.
Containing 18287 square feet, or 0.42 Acres, more or less.
ABBREVIATIONS AND LEGEND:
N_ NORTH PARCEL 1, BOUNDARY LINE
S_ SOUTH
E_ EAST CONSERVATION EASEMENT, BOUNDARY LINE
W_ WEST
AC._ ACRES CREEK
O.R.B._ OFFICIAL RECORD BOOK
P.G._ PAGE CONSERVATION EASEMENT
P.O.B._ POINT OF BEGINNING
Sq.Ft._ SQUARE FEET
Page I of 3.
EXHIBIT "B"
Section 31 , Township 46 South, Range 29 East,
Collier County, Florida . .
CONSERVATION EASEMENT AREA
VICINITY MAP
~ r` :�IIIIIIIII CIR L 11�
Z CD Ii�I'll
NM CI
O<QP' QQ� ¢ OZ E sTh
4 ,, , _ p UJ (),1111!�s11E3111111/
b• a
Et CO
Q,P �Q_ �-- w 1-1-1< (� ----
�� � P, cn
z <c°'��\d- PGQ`�P
w p F y
0 ---Y r) _-------\ 0\/ ''' ‘'('
co
�J OJ w a i
1,...
N J co P-Cw��
d U U C�
� � CL a 0
SITE —TAKETRAFF ORD ROAIT
� ARROWHEA SERE T
Q' LAKE TRAFFOR E
°Q ��P GQ- G P.B.42, PAGE 94 r
IP P
SURVEYOR'S NOTES:
THE NORTH ARROW AND BEARINGS AS SHOWN HEREON ARE BASED OF BEARINGS VALUE S84°45'30"E,ALONG THE NORTH LINE OF
SECTION 31,TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA.
THE DESCRIPTION, SKETCH AND REPORT ARE NOT VALID UNLESS SIGNED AND SEALED BY FLORIDA LICENSED PROFESSIONAL LAND
SURVEYOR.
THIS SKETCH CANNOT BE CONSTRUED AS A BOUNDARY OR RIGHT OF WAY SURVEY, IT IS PREPARED FOR THE CONSERVATION
EASEMENT PURPOSES AND CANNOT BE USED FOR ANYTHING ELSE.
THE SIDE LINE OF ABOVE DESCRIBED EASEMENT SHOULD BE EXTENDED OR SHORTENED TO CLOSE AT ALL ANGLE POINTS OF
CENTERLINE OR TO THE EXTENSION TO THE INTERSECTION TO LOTS OR RIGHT-OF•WA Y LINES AND AS SHOWN ON THE SKETCH.
SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY:THAT THE"SKETCH TO ACCOMPANY CONSERVATION EASEMENT
AREA"AND REPORT RESULTING THEREFOR WAS PERFORMED UNDER MY DIRECTION
AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND By:
FURTHER, THAT IT MEETS THE APPLICABLE PROVISIONS OF THE"STANDARDS OF Mi
PRACTICE FOR LAND SURVEYING IN THE STATE OF FLORIDA", PURSUANT TO Professional Surveyor and Mapper
SECTION 5J-17.050 THROUGH 5J-17.052 OF THE FLORIDA ADMINISTRATIVE CODE AND No. 6594 State of Florida
IT'S IMPLEMENTING LAW, CHAPTER 472.027 OF THE FLORIDA STATUTES. Page z Of 3 .
EXHIBIT "B"
Section 31 , Township 46 South, Range 29 East,
Collier County, Florida. Scale: 1 "=50'
CONSERVATION EASEMENT AREA
SKETCH ACCOMPANY DESCRIPTION :
P.O.B. Conservation Easement N
NW corner Parcel 1 (ORB 5337 PG 1374)
x_504728.05' y_763870.02' \ E
4-7
,/--- S88°05'29 "E 157. 1 S33°38'25"E 11.94'
3 S08°00'161W 7.83'
I--S25°30'141W 10.17'
CONSERVATIO --_ l S74°43'40W 11.21'
N EASEMENT \ / N85°13'401'W 27.81'
v (18287 Sq.Ft OR 0.42 Ac. \ ` — S66°04'12"W 9.09'
�' \___ i S08°10'00"W 9.04'
c? ( -- /
S19°44'06"E 22.49'
— - / S02°56'57'E 10.00'
Co F in
: S35°27'06'W 15.27'
o co_c v i S74°25'48'W 14.41' Q
z — 76.00' ' d � ; N88°09'21"W 19.13'
_ 6' LANDSCAPE
I EASEMENT
1 25' PRESERVE
NB 0 gilt 7-6.-05 SETBACK LINE cv M
x_504804.63' J
0
J .) M
i ~o y_763688.36' C.)
xM OCaR re
w0- a' LUo
U�/ MM
ice. N j W
a c, PARCEL 1
(ORB 5337 PG 1374)
SE corner
SW corner Parcel 2
Parcel 1 '
LAKE TRAFFORD ROAD ��
Page 3 of 3 .