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Jasper Flats INSTR 6057249 OR 5945 PG 2440 RECORDED 5/12/2021 1:33 PM PAGES 8 CLERK OF THE CIRCUIT COURT AND COMPTROLLER THIS INSTRUMENT PREPARED BY&RETURN TO: COLLIER COUNTY FLORIDA Richard D.Lyons,Esq. DOC@.70$0.70 REC$69.50 LYONS&LYONS I Attorneys at Law Waterford Executive Centre 27911 Crown Lake Boulevard,Suite 201 Bonita Springs,FL 34135 (239)948-1823 PARCEL I.D. #00426120001 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORIDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this Z)' uay of December, 2020, by JASPER NAPLES, LLC, a Florida limited liability company, (hereinafter"Jasper Naples, LLC" or "Grantor"), whose address is 2238 IMMOKALEE ROAD, SUITE 158, NAPLES, FL., 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, Jasper Naples, LLC 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 Jasper Naples, LLC; 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. Jasper Naples, LLC, 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, shrubs or other CONSERVATION EASEMENT Page 1 of 4 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. Jasper Naples, LLC, 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. 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 CONSERVATION EASEMENT Page 2 of 4 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: Witne s s: JASPER NAPLES,LLC,a Florida limited liabi 'ty company Printed Name: By: ji/()/ Thies Pickenpack Its: Manager Printed Name: Z-rj wv\. 'off e-k STATE OF TEXAS) COUNTY OF J\I C.C.S ) The foregoing instrument was subscribed, sworn and acknowledged before me this day of December, 2020, by THIES PICKENPACK, the Manager of JASPER NAPLES, LLC, a CONSERVATION EASEMENT Page 3 of 4 Florida limited liability company, and who is [ ] personally known to me or[—] who produced 73 c=yer-s k-=(u,h,c,e as identification. ,.• �r':P�Q., NO�ARY PUBz" — . 4 M DN CHERRY Printed Name: Ake ilk" Cke-n.� i\ My Notary ID#131017095 7(�J ; a.4 Expires February 23,2021 My Commission Exp es: UZ/�3 Acceptance by Grantee: ATTEST: BOARD F COUNTY COMMISSIONERS CRYSTAL K.KINZEL, CLERK COLLIE TY,FLORI . -.-. , 00418 • Deputy Clerk P.nny Taylor Chairperson Attest as to Chairman's Signature only. Approved as to form and Legal sufficiency: D� D. f Derek D. P.rry Assistant County Attorney THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA, PURSUANT TO AGENDA DATED 2/23/2010, ITEM NO, 1A .B.1 , RESOLUTION NO. 2010-39 CONSERVATION EASEMENT Page 4 of 4 u"4, ee < < xi, 4. s a j $ b d s 2 a a @ H gm b" l b bii € '� "R Hi g,4 "3 bb � "' H 3 �'•.a 8 be `az� I_ lm. I. �„ 8 a e - g. ? ". „-2 g Ng ,e re w �� baggy E m i 1. 21 a yya�gegg g �'�� e$ e'.�' €p= a A F akDili W �' 5� � z' 1 p� h r °e gg;4�s" gi:' Es�f, p q i db Q'a Hi7 p im@@}spaa. '� 8€A �� {g33 51bo €*,, ggopg44a gg @331�}qq gp@ d % 4 7 e46.6 9 lgi@g e @ s' S€" b"d Z $ a`b PaIY ffigill 10611 i 19/.'SII14I Ia 1'2' ab5 $ b11 �'6 $z a� $ o.so § GSYg {Y{ Y 9 h Dx i.- z�b�� i w 6Y \� 3 �:w $era ®�� 11 S "< . pn g� _ 5g`�� yej" I � 2 �4 � A A Al_fie$a��:a a9i. ce a �$"4b 1 _ ame`I in p & bX mho A e e c.W.o.om wa R uil p¢p IqR4 A l 1- ,. X „a,Au Hoed Y, ppp 9 44 v+ y ti Imo?'`:. 1 R f -,,,,,,I,--- s o r�d W I Xy 0 kY 1/ I $I S i ' i I t y ' .;""''y .. 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R U S 9 ,d ; EXHIBIT B BBLS SURVEYORS,INC. 8860 TERRENE COURT, BONITA SPRINGS, FLORIDA 34135 TELEPHONE: (239) 597-1315 FAX: (239) 597-5207 LEGAL DESCRIPTION JASPER FLATS PRESERVE AREA A PORTION OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA; THENCE RUN S.00°13'38"E., ALONG THE WEST LINE OF SAID NORTHEAST QUARTER, FOR A DISTANCE OF 667.38 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE CONTINUE S.00°13'38"E, ALONG SAID WEST LINE, FOR A DISTANCE OF 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF WHITAKER ROAD (A 60 FOOT WIDE RIGHT OF WAY); THENCE RUN S.88°55'09"E., ALONG SAID SOUTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 277.20 FEET; THENCE RUN S.01°04'51"W., FOR A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.88°55'09"E., FOR A DISTANCE OF 225.26 FEET; THENCE RUN S.00°06'30"E., FOR A DISTANCE OF 54.00 FEET; THENCE RUN N.88°55'19"W., FOR A DISTANCE OF 226.58 FEET; THENCE RUN N.01°17'26"E., FOR A DISTANCE OF 54.00 FEET TO THE POINT OF BEGINNING. PARCEL DESCRIBED CONTAINS 12,198.23 SQUARE FEET OR 0.2800 ACRES, MORE OR LESS. BEARINGS REFER TO THE WEST LINE THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, HAVING A BEARING OF S.00°13'38"E. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. SHEET 1 OF 3 \\nas\data\Projects\2020\20.07 WHITAKER\20.07-JASPER FLATS-PRESERVE EASEMENT.docx EXHIBIT B _ ��NE.N��E. i3 ,11111 FR III ? co ease Nun? �'l-��j `' 5296 6`�' 0' ono 40 00 Digitally signed by Stephen E.Berry / Stephen E. O STATE OF Q E. DN:cn=Stephen E.Berry,o=BBLS Q SURVEYORS,INC.,ou=L.S.5296, � sS �.m�FLORIDA B e r r email=Sberry@bblsinc.net,c=US i n d Y Date:2020.72.1075:48:35-05'00' 12/10/20 I'Ila/SurveyD a;�� STEPHEN E. BERRY, STATE OF FLORIDA, (L.S. #5296) 11IIillim••• BBLS SURVEYORS, INC., (L.B. #8033) PROOFED BY SEB REVISE LOCATION OF PRESERVE AREA 12/10/20 SEE ATTACHED SKETCH (SHEET 3 OF 3) SHEET 2 OF 3 \\nas\data\Projects\2020\20.07 WHITAKER\20.07-JASPER FLATS-PRESERVE EASEMENT.docx -_.-._-...__._._..._--......—.._._._..._._...._.r......_......- .. ---.-.-0MTV3av-3na3S-3ad-HCriamS-zP 1vo3-Ff00A83NVIIHM io•oz\0303\sLo3Poad\VIVO\SV#-\A-...------_... el o I . I -•*-"\-- 6 N 1 CO \ Li_ o (O II I a L Z o � � to W CC o cisco I 3„02,90.00S r1 ..' W W W p .0Q'b5.' tV., CC rn S J 0 m00 w I o I z 4 4 cn Z w ; , z Q'�. .'. 3 _ w o O ',�'O w z P cc 00 LI.1 in lig O� J aawH OW Wa-co z Ia W (n2=Q o J W F-fA W - OCIWo U Oq m cc z OD �w 00 �' (n z � 03N �CO I0 �' 0_ CO WF-o0 V)\N I L , ti F- cc Fwci I1S + Jz�W Z Z M W00 J w oN Iv � .00,ir5. a W ZU O Z z o st a 1 I r \ 3„9Z,L ION // CC N O Q wW U _Ti ��31 3 ¢ IL o0 � °O Zo ( \ N L Q Z W w \ Ne H I I O^ 1 N cc W - -, . D oz/tiz/so o J CO 0 '31V0 >- Q zo dINV±SAV0 33S Zo 83S V I U) V) :03AOaddV > i _ v3s o Lo w z w 1 ! o0Q Z-z \ �x 0w a 3 _ 0Nw JN 0ON � Ice r• Ji, 140 'n V)i _ _N OO W d ce Z N CO N' ' o WzN DwO-vJ°� N�O wr0w OJ 1,► ,8CL99 0 ^ w Ix Li o LT) — 3„8C,CL.0 < z mw CO N wo " l-w o0I I mI- i - te OwWoZ �3(n n ('1W0 =•j< INSTR 6057250 OR 5945 PG 2448 RECORDED 5/12/2021 1:33 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER THIS INSTRUMENT PREPARED BY&RETURN TO: COLLIER COUNTY FLORIDA Richard D. Lyons,Esq. REC$27.00 LYONS&LYONS I Attorneys at Law Waterford Executive Centre 27911 Crown Lake Boulevard,Suite 201 Bonita Springs,FL 34135 (239)948-1823 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA PROJECT: JASPER FLATS PARCEL NO: 201900001318 SUBORDINATION, CONSENT AND JOINDER THIS SUBORDINATION, CONSENT AND JOINDER is made this /1it'day of pi f Z G H 2021 by Gulf View Townhomes,LLC, a Florida limited liability company, its successors or assigns, having a business address of 6001 Pelican Bay Boulevard Apartment 1203, located in Naples, Florida 34108 (hereinafter referred to as the"Mortgagee"), in favor of Collier County, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples Florida 34112 (hereinafter referred to as the"County"). WITNESSETH WHEREAS, Mortgagee is the owner and holder of that certain Mortgage by and between Jasper Naples, LLC, a Florida limited liability company, having a business address of 2388 Immokalee Road Suite 158, Naples, Florida 34110, as Mortgagor, and by Gulf View Townhomes, LLC, a Florida limited liability company, having a business address of 6001 Pelican Bay Boulevard Apartment 1203, located in the City of Naples, County of Lee and State of Florida 34108, as Mortgagee, recorded in the Official Records Book 5672, Page 2746 on 9/11/2019 3:00 PM. of the Public Records of Collier County, Florida (hereinafter referred to as the "Mortgage"), encumbering the premises legally described therein (hereinafter referred to as the"Encumbered Property"). WHEREAS, the County has requested from the fee simpler owner of the Encumbered Property, a perpetual non-exclusive easement for the purpose of conservation, maintenance and use, over, under, on and across a portion of the encumbered premises legally described in Schedule "A" attached hereto and incorporated herein by virtue of this reference (which premises is hereinafter referred to as the"Easement Property"); and WHEREAS, the County has requested that the Mortgagee, consent to, join in and subordinate its Mortgage to the interest that the County has in the Easement Property, to which Mortgagee has agreed. NOW THEREFORE, in consideration of TEN DOLLARS ($10.00)and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Mortgagee does hereby consent to, join in, and subordinate the lien of its Mortgage to the grant of that certain easement described herein, over, under, on and across the Easement Property for the purpose of conservation, maintenance and use. Except as subordinated to the easement described herein over, under, on and across the Easement Property for purpose of conservation, maintenance and use, said Mortgage shall remain in full force and effect. This Subordination is effective whether the County acquires the property through donation, negotiated sale, or by eminent domain. /I9 IN WITNE W�H R E O F, the Mortgagee has caused these presents to be executed this // day of , 2021. Signed, Sealed and Delivered: GULF VIEW TOWNHOMES, LLC, a Florida limited liability company 1 f LIMA- (IL ess N . 1 Signature By: Jer L. Radtke W YVAL f t( OS eniItr.( Its: anager itness No. 1 Printed Name L Witness No.2 Signa Witness No.2 Printed Nam STATE OF c=;:fd-tl-144--) COUNTY OF ( iz:a_ The f r going Subordi ation, onsent and Joinder of Easement was acknowledged before me this / day of , 2021 by Jerald L. Radtke, as Manager of GULF VIEW T OMES, LL , authorized, who is personally known to me OR who has produced AL K—L as proof of identity. (affix notarial seal) .� _,.� SARAt B.SANCHEZ elbrTh Qv �. 1 Notary Public,state of Florida (Signatur of Notary ic) —: Commission#GG 909112 B /��y. ehr My oomm.expires Oct.04,2023 (Print Name of Notary Public) Schedule"A" Legal Description A PORTION OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00°13,38', E., ALONG THE WEST LINE OF SAID NORTHEAST QUARTER, FOR A DISTANCE OF 667.38 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE CONTINUE S.00o13,38"E, ALONG SAID WEST LINE, FOR A DISTANCE OF 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF WHITAKER ROAD(A 60-FOOT-WIDE RIGHT OF WAY); THENCE RUN S.88°55>09,E.,ALONG SAID SOUTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 275.20 FEET; THENCE RUN S.01°04, 51„W., FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.SSAS'OP'T., FOR A DISTANCE OF 225.26 FEET, THENCE RUN S.00°06,30ME., FOR A DISTANCE OF 54.00 FEET, THENCE RUN N.SSAS'WW., FOR A DISTANCE OF 226.58 FEET,THENCE RUN N.01°17,26, E.,FOR A DISTANCE OF 54.00 FEET TO THE POINT OF BEGINNING. BEARINGS REFER TO THE WEST LINE THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, HAVING A BEARING OF S.00°13,38ME,