Watercrest INSTR 5942917 OR 5834 PG 1345
RECORDED 10/23/2020 9:46 AM PAGES 8
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
THIS INSTRUMENT PREPARED BY&RETURN TO: DOC@.70$0.70 REC$69.50
NAME: Harold J. Webre, Esq.
Coleman,Yovanovich &Koester, P.A.
ADDRESS: 4001 Tamiami Trail N., Suite 300
Naples, FL 34103
PARCEL I.D. portion of 00417760001
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this day of
&✓C.V' , 2020, by Tract L Development, LLC, a Florida limited
liability company, as "Grantor", whose address is 7742 Alico Rd., Fort Myers, FL 33912,
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 "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; 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, its successors, heirs, assigns and/or transferees, hereby grants a non-
exclusive easement to Collier County over and across the property described in Exhibit
"B" for the purpose of conservation. Collier County shall have no responsibility for
maintenance of the conservation easement.
Revised 2/13/2019 [20-ENS-00648/1526927/1] 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, 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 2/13/2019 [20-ENS-00648/1526927/1] 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 Easement
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: Tract L Development, LLC, a
Florida limited liability company
44Ata 4)". WT,L ✓
P ' -• Ni e: ukuLr(atbz m, ezttap or (1---j /
a
.` —A"" By:
Prin ird Name: ' ( David orres, as its Manager
Revised 2/13/2019 [20-ENS-00648/1526927/1] 3
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing instrument was subscribed, sworn and acknowledged fore me by
means [4 physical presence or [ ] online notarization, this V' day of
.4i c*- , 2020, by David E. Torres, as Manager of Tract L
Dev opme , LLC, a Florida limited liability company, on behalf of said company, and
who is [ r personally known to me or [ ] who produced as
identification.
NO Y PUBLIC i
Prin ed Name: -AZ/44 :4-"..
My Commission Expires:/* -'
_0G °We Notary Public State of Florida
Maritza Aguiar
�7,,y
My Commission GG 145859
�?orw Expires 12/08/2021
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
y
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By \..I U -
DeputyCtèrk/ Burt L. Saunders, Chairman
Attest as to`Chairman's
�-,�. vj
Approved as to form and
legali
Sally . Ashkar
Assistant County Attorney
CP\1 l-ENS-00442\4
Revised 2/13/2019 [20-ENS-00648/1526927/1] 4
E3 H 151T A
Trask Surveying, P.A.
Land Surveyors
A PARCEL LYING IN
SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
(OVERALL PARCEL)
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER, LYING IN SECTION 14,TOWNSHIP
50 SOUTH, RANGE 26 EAST, BEING THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 5516, PAGE 1366, COLLIER
COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF TRACT R-1, HACIENDA LAKES OF NAPLES, PLAT BOOK 55, PAGE 10, SAID
PUBLIC RECORDS; THENCE 5.87°37'31"W. ALONG THE NORTH LINE OF SAID TRACT R-1 AND THE SOUTH LINE OF SAID
SECTION 14, FOR 147.95 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 14 ON THE BOUNDARY OF TRACT FD-
2, SAID HACIENDA LAKES OF NAPLES; THENCE N.00°48'00"E. ALONG THE BOUNDARY OF SAID TRACT FD-2 AND THE
NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 14, FOR 41.95 FEET TO THE NORTH RIGHT OF WAY LINE OF
RATTLESNAKE HAMMOCK ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 5201, PAGE 2129,SAID PUBLIC RECORDS AND
THE POINT OF BEGINNING; THENCE S.80°46'57"W. ALONG SAID RIGHT OF WAY LINE, FOR 99.80 FEET; THENCE
S.87°37'31"W. ALONG SAID RIGHT OF WAY LINE, FOR 1158.68 FEET TO THE WEST BOUNDARY OF SAID PARCEL AS
DESCRIBED IN OFFICIAL RECORDS BOOK 5516, PAGE 1366, BEING THE EAST LINE OF THE WEST 80.00 FEET OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE LEAVING SAID RIGHT OF WAY LINE,
N.00°48'45"E. ALONG SAID BOUNDARY AND FRACTIONAL LINE, FOR 640.25 FEET TO THE NORTH BOUNDARY OF SAID
PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 5516, PAGE 1366 AND THE NORTH LINE OF THE SOUTH HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SA►D SECTION;THENCE N.87°36'13"E. ALONG SAID BOUNDARY
AND FRACTIONAL LINE, FOR 1256.99 FEET TO SAID BOUNDARY OF TRACT FD-2 AND SAID NORTH-SOUTH QUARTER
SECTION LINE; THENCE S.00°48'00"W. ALONG SAID TRACT BOUNDARY AND FRACTIONAL LINE, FOR 628.81 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 803287.93 SQUARE FEET OR 18.44 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON SOUTH LINE OF SECTION 14 AS BEARING N.87°37'31"E.
TRASK SURVEYING, P.A. FEBRUARY 25, 2020
FLORIDA LICENSED BUSINESS LB8082
KENNETH E.TRASK
PROFESSIONAL LAND SURVEYOR
FLORIDA LICENSE LS4684
SHEET 1 OF 2
12345 Blasingim Road • Fort Myers, FL 33966
5
SKETCH TO ACCOMPANY
N DESCRIPTION
OF A PARCEL LYING IN
SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
O.R. 5331, PG. 1521
N. LINE O.R. 5516, PG 1366 & 1
S.1/2—S.E.1/4—S.W.1/4 SECTION 14 IN87'36'13'E 1256.99'
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RIGHT IOF WAY 29J HACIENDA LAKES OF NAPLES CORNER
P.B. 55, PG. 10 SECTION 14
LINE TABLE P.O.C.
LINE BEARING DISTANCE N.E. CORNER
u 587'3729"w 147.95' TRACT R-1
HACIENDA LAKES
L2 N00'48'00"E 41.95' OF NAPLES
L3 S80'46'STw 99.60' P.B. 55, PG. 10
LEGEND THIS IS NOT A BOUNDARY SURVEY
P.O.C. POINT OF COMMENCEMENT
P.0.8. POINT OF BEGINNING Trask Surveying, P.A.
LS LICENSED SURVEYOR �.L�'
LB LICENSED BUSINESS �� Land Surveyors
O.R. OFFICIAL RECORDS BOOK �i -e`i a.� 2_25 2Q Florida Licensed Business No. LB8082
12345 Blasingim Rood
P.B. PLAT BOOK KENNETH E. TRASK DATE Fort Myers, Florida 33966
PG. PAGE (239)980-1495
PROFESSIONAL LAND SURVEYOR
FLORIDA LICENSE NO. LS4684 date dey scale Ice# sheet
2-25-20 ' 17-23% 1"=150' I 17-23 I 2 OF 2
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Trask Surveying, P.A.
Land Surveyors
AN EASEMENT LYING IN
SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
(CONSERVATION EASEMENT)
AN EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 14, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, BEING OVER,ACROSS AND THROUGH THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 5516,PAGE
1366, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF TRACT R-1, HACIENDA LAKES OF NAPLES, PLAT BOOK 55, PAGE 10, SAID
PUBLIC RECORDS; THENCE S.87°37'31"W. ALONG THE NORTH LINE OF SAID TRACT R-1 AND THE SOUTH LINE OF SAID
SECTION 14, FOR 147.95 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 14 ON THE BOUNDARY OF TRACT FD-
2, SAID HACIENDA LAKES OF NAPLES; THENCE N.00°48'00"E. ALONG THE BOUNDARY OF SAID TRACT FD-2 AND THE
NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 14, FOR 41.95 FEET TO THE NORTH RIGHT OF WAY LINE OF
RATTLESNAKE HAMMOCK ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 5201, PAGE 2129 AND OFFICIAL RECORDS
BOOK 5201, PAGE 2138, SAID PUBLIC RECORDS; THENCE CONTINUE N.00°48'00"E. ALONG SAID QUARTER SECTION LINE,
SAID TRACT BOUNDARY AND THE BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 5516, PAGE
1366, FOR 486.32 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID PARCEL AND TRACT BOUNDARY AND
FRACTIONAL LINE, 5.87°36'13"W. FOR 338.50 FEET; THENCE N.43°09'50"W. FOR 72.62 FEET; THENCE S.87°47'56"W. FOR
867.86 FEET TO THE WEST BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 5516, PAGE 1366,
BEING THE EAST LINE OF THE WEST 80.00 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 14; THENCE N.00°48'45"E. ALONG SAID BOUNDARY AND FRACTIONAL LINE, FOR 84.44 FEET TO THE NORTH
BOUNDARY OF SAID PARCEL AND THE NORTH LINE OF THE SOUTH HALF OF SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER;THENCE N.87°36'13"E.ALONG SAID BOUNDARY AND FRACTIONAL LINE FOR 1256.99 FEET TO SAID
PARCEL AND TRACT BOUNDARY AND SAID NORTH-SOUTH QUARTER SECTION LINE; THENCE S.00°48'00"W. ALONG SAID
PARCEL AND TRACT BOUNDARY AND NORTH-SOUTH QUARTER SECTION LINE FOR 142.49 FEET TO THE POINT OF
BEGINNING.
SAID EASEMENT CONTAINS 128420.28 SQUARE FEET OR 2.95 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON SOUTH LINE OF SECTION 14 AS BEARING N.87°37'31"E.
TRASK SURVEYING, P.A. JANUARY 21, 2020
FLORIDA LICENSED BUSINESS LB8082
KENNETH E.TRASK
PROFESSIONAL LAND SURVEYOR
FLORIDA LICENSE LS4684
SHEET 1 OF 2
12345 Blasingim Road • Fort Myers, FL 33966
SKETCH TO ACCOMPANY
-AD- DESCRIPTION
Y OF A PARCEL LYING IN
SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
O.R. 5331, PG. 1521
N. LINE O.R. 5516, PG 1366 &
S.1/2-S.E.1/4-S.W.1/4 SECTION 14
N87'36'13"E 1256.99'
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O.R. 5201, PG. 2129 &J TRACT R-1 S. 1/4
O.R. 5201, PG. 2138 HACIENDA LAKES OF NAPLES CORNER
RIGHT OF WAY P.B. 55, PG. 10 SECTION 14
LINE TABLE P.O.C.
LINE BEARING DISTANCE N.E. CORNEA
TRACT R-1
u $87'37'29°W 147.95' HACIENDA LAKES
L2 N00.48'00"E 41.95' OF NAPLES
L3 S00'48'00'W 142.49' P.B. 55, PG. 10
L4 N00'48'45"E 84.44'
L5 N43'09'50°W 72.62'
LEGEND THIS IS NOT A BOUNDARY SURVEY
P.O.C. POINT OF COMMENCEMENT
P.O.B. POINT OF BEGINNING Trask Surveying, P.A.
LS LICENSED SURVEYOR Land Surveyors
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LB LICENSED BUSINESS 44'%� Florida Licensed Business No. L88082
O.R. OFFICIAL RECORDS BOOK /� Z 25 �� 12345 Blasingim Road
P.B. PLAT BOOK KENNETH E. TRASK DATE fort Myers, Florida 33966(239)980-1495
PG. PAGE PROFESSIONAL LAND SURVEYOR
FLORIDA LICENSE NO. LS4684 date dry scale poN sheet
1-21-20 17-239( 11"=150' I 17-23 I 2 OF 2
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