Jesus Christ of Latter Day Saints INSTR 5995035 OR 5885 PG 3848
THIS INSTRUMENT PREPARED BY&RETURN TO: RECORDED 2I3/2021 9:21 AM PAGES 8
NAME:
CLERK OF THECOUN CIRCUITFLORIDA COURT AND COMPTROLLER
Thompson Lewis Law Finn,PLLC COLLIER TY
CODOC@.70$0.70 REC$69.50
ADDRESS: 850 Park Shore Drive
Suite 201-A
Naples,Florida 34103
PARCEL I.D. #00073480000
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
CONSERVATION EASEMENT
(This document is executed and recorded to replace an identical Conservation Easement executed by Grantor and dated May 22,2009
which has not been recorded)
THIS CONSERVATION EASEMENT given this Z.,3 day of 0 co.aest,2020, by Corporation of
the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, a Utah corporation sole n/k/a The
Church of Jesus Christ of Latter-day Saints, a Utah corporation sole, as Grantor, whose mailing address is 50
E. North Temple 12th Floor, Salt Lake City, Utah 2375, to Collier County,Florida, a political subdivision of the
State of Florida (hereinafter called "Collier County" or "Grantee"). Grantor and Grantee may hereafter be
collectively referred to as the"parties."
WITNESSETH:
WHEREAS, Grantor is owner of certain tract of land located in Collier County, Florida, described in
Exhibit"A"attached hereto and made a part hereof(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 Exhibit "B" attached hereto and made a part hereof(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 Easement Property.
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 Easement 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 Easement 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 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, the Grantor has hereunder set its hand and seal the day and year first above
written.
GRANTOR:
Signed, sealed and delivered in
the presence of:
WITNESSES: Corporation of the Presiding Bishop of the Church of Jesus
Christ of Latter-day Saints,a Utah corporation sole n/k/a
The Churc f Jesus Christ of Latter-day Saints,a Utah
corpora ' n sole
By:
Print Name: Name: TFRRY F Minn
Title: Authorized Agent
P i t Name:U0 e,
STATE OF UTAH )
)ss:
COUNTY OF SALT LAKE )
� The foregoing instrument was acknowledged before me this e3 day of Oc.T Q- �1 2020, by
.
1,� `r ? R=vp53. , as Authorized Agent for Corporation of the Presiding Bishop of the
Church of Jesus Christ of Latter-day Saints, a Utah corporation sole, n/k/a The Church of Jesus Christ of Latter-
day Saints, a Utah corporation sole, on behalf of said corporation sole, who (t personally known to me,eta{—}
we. • • •
'''
D. TODD EVANS NOTARY PUB IC:
n
Notary Public. State of Utah Printed Name: P. 7po re4-•,1
` Commission#713439 7!3 cj39
Commission No.:,..• My Commission Expires On MyCommission Expires:September 06.2024 I l p 09 ^op
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
ifrili,gYX.,,,,ee
By: at al, . _ . _.s. __ A C....,. By:
OtaNe gt 111.6 ill Burt L. Saunders , Chairman
igti tu.re only`
Approved as to form and legality:
�� THIS CONVEYANCE ACCEPTED BY
J�Pe THE BOARD OF COUNTY
er k rr7► COMMISSIONERS , COLLIER COUNTY,
Assistant County Attorney FLORIDA, PURSUANT TO AGENDA
ITEM 16 .B.1 , DATED 2/23/2010,
RESOLUTION NO. 2010-39 .
APPROVED PURSUANT TO RESO. 2010-39
EXHIBIT A
A PARCEL OF PROPERTY BEGINNING AT IRON STAKE AT THE INTERSECTION OF STATE
ROAD 29 AND THE SOUTH CORNER OF GLIDDEN PROPERTY, SOUTH A DISTANCE OF
370.56 FEET; THENCE WEST 1226.48 FEET;NORTH 665.64 FEET,EAST 931.48 FEET; SOUTH
295 FEET; EAST 295 FEET TO THE POINT OF BEGINNING. ALL LYING AND BEING IN THE
NE 1/4 OF THE NE 1/4 OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER
COUNTY,FL. '
MORE PARTICULARLY DESCRIBED AS:
A PARCEL OF PROPERTY BEGINNING AT IRON STAKE AT THE INTERSECTION OF STATE
ROAD 29 AND THE SOUTH CORNER OF GILDDEN PROPERTY,THENCE SOUTH 00°53'41"
EAST A DISTANCE OF 370.33 FEET, THENCE SOUTH 89°02'05" WEST A DISTANCE OF
1226.95 FEET, THENCE NORTH 00°56'02" WEST A DISTANCE OF 655.55 FEET, THENCE
NORTH 89°04'05" EAST A DISTANCE OF 932.76 FEET,THENCE SOUTH 00°49'35" EAST A
DISTANCE OF 294.32 FEET, THENCE NORTH 89°06:19" EAST A DISTANCE OF 295 FEET TO
THE POINT OF BEGINNING. ALL LYING AND BEING IN THE NE 1/4 OF THE NE 1/4 OF
SECTION 32, TOWNSHIP 46 SOUTH,RANGE 29 EAST, COLLIER COUNTY,FLORIDA.
BEARINGS BASED UPON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 29 AS
BEING SOUTH 00°53'41" EAST.
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Exhibit "B"
OR BOOK
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Poc
DESC.
NE CORNER AS EDESCRIBEDOFPARCEL
IN
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PAGE 3032 1211
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0 15 30 60
a 1 I
n 1"=60' PARCEL ID: 00073480000
U. ADDRESS: 1335 N 15TH ST WEST
O (OR BOOK 3032, PAGE 1211) RIGHT-OF-WAY LINE
OF STATE ROAD 29
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PAGE 1450) w
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PERMANENT NATIVE w SOUTH LINE OF
VEGETATION in PARCEL AS
r In PRESERVE in DESCRIBED IN
in j, OR BOOK 3032,
iN Ln PAGE 1211
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S89'02'05'W 290.00' S89'02'04'W 926.95'
0
SE CORNER
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O- DESC DESCRIBED IN
h OR BOOK 3032,
• PAGE 1211
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chi
• LEGEND %- P . W /.
• e\ ar
Ei UE = UTILITY EASEMENT • a . a •
• DESC. = DESCRIPTION : G�.'••t. atG ^^•'''••
INST. = INSTRUMENT NUMBER �$��• •N\�' 'VO'•
OR = OFFICIAL RECORDS BOOK - * ; Qj •
o PG = PAGE = `U 5301 . O -
POC = POINT OF COMMENCEMENT
POB = POINT OF BEGINNING 'b• ��
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NOTES: 't, tered l-aS-` �0
1. THIS SKETCH IS NOT A SURVEY. - i i t i s d � �t t
2. BEARINGS SHOWN ARE BASED ON STATE PLANE COORDINATES,
EL FLORIDA ZONE EAST, NORTH AMERICAN DATUM OF 1983 (2011 ( /' - '
NSRS) WHEREIN THE WEST RIGHT—OF—WAY LINE OF STATE /_ ',
ROAD 29 BEARS S00'53'41"E. (Q
0 3. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO MI HAEL A. WARD DATE
vi ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT PROFESSIONAL SURVEYOR AND MAPPER
PARCEL. FLORIDA CERTIFICATE NO. LS 5301
a
THE SEAL APPEARING ON THIS DOCUMENT WAS
AUTHORIZED BY MICHAEL A. WARD, PLS.
PERMANENT NATIVE VEGETATION PRESERVE lilk 6610 Willow
aple,Flordra3410ive, u9e200
N
LYING IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST Phone:(239)597-0575
FAX: (239)597-0578
COLLIER COUNTY, FLORIDA LB No.:6952
ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
170076.00.00 0 32 46S 29E 1"=60' 3/30/18 CLS PRESERVE S&D 1 OF 2
Exhibit "B"
0 0
DESCRIPTION
A TRACT OR PARCEL OF LAND LYING SECTION 32, TOWNSHIP 46
SOUTH, RANGE 29 EAST, COLLIER COUNTY FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
0
COMMENCING AT THE NORTHEAST CORNER OF THE PARCEL AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3032 PAGE 1211, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON
THE WEST RIGHT—OF—WAY LINE OF STATE ROAD 29, THENCE
S.00'53'41"E. ALONG SAID WEST RIGHT—OF—WAY LINE FOR 370.33
FEET TO THE SOUTHEAST CORNER OF SAID PARCEL;
THENCE S.89'02'04"W. ALONG THE SOUTH LINE SAID PARCEL FOR
926.95 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL;
THENCE S.89'02'05"W. CONTINUING ON SAID SOUTH LINE, FOR
290.00 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 10
FOOT WIDE UTILITY EASEMENT AS DESCRIBED IN OFFICIAL RECORDS
BOOK 913, PAGE 1450, SAID PUBLIC RECORDS
THENCE N.00'57'55"W. ALONG THE SAID EAST LINE FOR 100.00
FEET;
0
THENCE N.89'02'05"E. DEPARTING SAID EAST LINE FOR 290.00
FEET;
THENCE S.00'57'55"E., FOR 100.00 FEET TO THE POINT OF
BEGINNING OF THE PARCEL DESCRIBED HEREIN;
CONTAINING 29,000 SQUARE FEET OR 0.67 ACRES, MORE OR LESS. \t\t t 1 1•g g
♦♦r , 1 A. Li/
♦ e •I
BEARINGS HEREIN ABOVE MENTIONED ARE BASED ON STATE PLANE .,\G••• •••.a�..•.:CY i
COORDINATES, FLORIDA ZONE EAST, NORTH AMERICAN DATUM OFF* •• ,�\�Gaf 4•.
1983 (2011 NSRS) WHERE IN THE WEST RIGHT—OF—WAY LINE OF: 1�� 0 •
•
STATE ROAD 29 BEARS S.00'53'41"E. •
5301 •
• •
• •
0• O
'red Laid
,,/flllll\\\
'
3 10
MICHAEL A. WARD DATE
PROFESSIONAL SURVEYOR AND MAPPER
;, FLORIDA CERTIFICATE NO. LS 5301
THE SEAL APPEARING ON THIS DOCUMENT WAS
AUTHORIZED BY MICHAEL A. WARD, PLS.
PERMANENT NATIVE VEGETATION PRESERVE 1JmA41 6610 iDoePFkDn e4109
Phone:(239)597-0575
Suite200
LYING IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 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
170076.00.00 0 32 46S 29E N/A 3/30/18 CLS PRESERVE S&D 2 OF 2