Barron Collier Parnership, LLLP (Folio #00063480007) THIS INSTRUMENT PREPARED BY& RETURN TO:
NAME: MICHAEL P. LEHNERT, ESQ.
PAVESE LAW FIRM INSTR 6188056 OR 6069 PG 1960
ADDRESS: 1833 HENDRY STREET RECORDED 1/11/2022 2:00 PM PAGES 10
FORT MYERS, FL 33901 CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
PARCEL I.D. #00063480007 DOC@.70$0.70 REC$86.50
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this 12t11, day of April, 2021, by
Barron Collier Partnership, LLLP, a Florida limited liability limited partnership
(hereinafter "Barron Collier" or "Grantor"), whose address is 2600 Golden Gate
Parkway, Naples, FL 34105, 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, Barron Collier 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
Barron Collier; 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. Barron Collier, 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. Barron Collier, 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 reai 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: Barron Collier Partnership, LLLP, a
Florida limited liability limited company
1444,tic r,14P0 By: Barron Collier Management, LLC, a
Printed Name: Vir4aces, E: s7ock+tIf� Florida limited liability company, its
General Partner
Aligtb AA By:
Printed Name: shay HeNAINAIA Name: T34 - 5a r•4 I1
Its: Cro
Revised 2/13/2019 3
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was subscribed, sworn and acknowledged before me by
means of [✓] physical presence or [ ] online notarization, this Ix"' day of April, 2021,
by JEFFPEy SO '4Qfl , as CFO for Barron
Collier Management, LLC, a Florida limited liability company, as General Partner of
Barron Collier Partnership, LLLP, a Florida limited liability limited partnership, on behalf
of the partnership, and who is [✓] personally known to me or [ ] who produced
as identification.
4.2iGi/rept-k.-. •
NOTARY PUBLIC i •
Printed Name: !7/a1/4/EL. Vi6A/& i
My Commission Expires: fuLy /3,?0d11
•��"•�" DIANE L.VIGNERI
r; :,i�_�. 1.: MY COMMISSION#HH 010873
=;,,7:*;. EXPIRES:July 13,2024
FOF..... Bonded Thru Notary Public Underwriters
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KIN7_EL, CLERK COLLIE COUNTY, FLORIDA
By: c .....34
v► r 1‘AVQL. BY c
D 1 r Penny Taylor, hairEan
Attest aslb t . ants
cignatt!!'Qottiy
Approved as to form and THIS CONVEYANCE ACCEPTED BY
L al sufficiency: THE BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
�� J� I
PURSUANT TO AGENDA DATED
l� 2/23/2010, ITEM NO. 16 .B.1 ,
Derek D. Perry RESOLUTION NO. 2010-39.
Assistant County Attorney
APPROVED PURSUANT TO RESO. 2010-39
CP\1 1-ENS-00442\4
Revised 2/13/2019 4
Exhibit A
Description: (Per OR Book 3502. Page 109)
Parcel I:
The South ) of Section 6, Township 46 South, Range 29 East and all that
portion of Section 7, Township 46 South, Range 29 East, lying North of State
Road 82, all lying and being in Collier County, Florida.
Porcel II:
The North ) of Section 6, Township 46 South, Range 29 East, Public Records of
Collier County, Florida; LESS and EXCEPT the following Parcel:
"LESS OUT"
A Tract of Land lying in Section 6, Township 46 South, Range 29 East, Collier
County: More fully described as follows:
Beginning at the Northeast corner of said Section 6, run South 00 degrees
02'22" East along the Easterly line of said Section 6 for 2,054.86 feet; thence
Northerly and Westerly the following 7 courses: North 87 degrees 57'10" West for
21.42 feet; North 54 degrees 23'39" West for 269.35 feet; North 34 degrees
39'42" West for 153.55 feet; North 09 degrees 5106" West for 261.69 feet;
North 42 degrees 05'18" West for 582.74 feet; North 15 degrees 29'56" West for
433.10 feet; North 39 degrees 51'23" West for 687.42 feet; thence run North 83
degrees 46'04" East for 1320.00 feet to the Point of Beginning.
Revised 2/13/2019
Pare 1 of 1
Exhibit B
Easement Property
(See attached)
Revised 2/13/2019
(-- Sketch &Description / N
Immokalee Sand Mine
.,
Conservation Easement "i
Section 7, Township 46 South, Range 29 East
i 1
Collier County, Florida u
N
a u W
ti a u
Conservation Easement: As Written by SurvTech Solutions i
A parcel of land being a portion of the lands described in Official Records Book 3502, Page
109, of the Public Records of Collier County, Florida, lying and being in Section 7, Township 46
South, Range 29 East, Collier County, Florida, and being more particularly described as follows:
COMMENCE of a point marking the intersection of the East boundary of the Southeast 1/4 of "i w. 1
Section 7, Township 46 South, Range 29 East, Collier County, Florida and the North 8
- +
Right-of-way boundary of State Road No. 82 per Florida Department of Transportation �, o
Right-of-way Mop Section No. 0305-101; thence coincident with said North Right-of-way o w -. IIil
boundary, N 73'58'12" W a distance of 4266.08 feet; thence departing said North Right-of-way s,ri °j k
boundary, N 15'48'57" E o distance of 12.00 feet to a point coincident with a line being 12.00 .,,0.
feet North of and parallel with said North Right-of-way boundary; said point being the POINT ,af
OF BEGINNING; thence coincident with said parallel line, N 73'58'12" W a distance of 893.92 t A R.
feet to a point coincident with a line being 12.00 feet East of and parallel with the West \\ „
boundary of the Northwest 1/4 of said Section 7; thence departing the line being parallel with the
said North Right-of-way boundary of State Road No. 82, coincident with the line parallel with li-
the West boundary of the Northwest 1/4 of said Section 7, N 00'13'13" W a distance of 621.95 I/ o ��
feet; thence deporting said parallel line, S 59'10'28" E o distance of 811.12 feet; thence S `r
el52'57'23" E a distance of 302.82 feet; thence S 15'48'57" W a distance of 281.38 feet to the a ^ E
POINT OF BEGINNING. N o
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Containing on area of 430118.30 square feet, 9.874 acres, more or less. -%
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Legend P by Stacy L �' `CD j
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6516 ° W O
��'Brown N N
3-a, .. ...i a) a1 U
PSM Professionalry Surveyor and Mapper STATE or Q'Date: r„J T
LB Licensed Business “,' FLORIDA •4 /j , ,
�' 'Su;;e;o;o ,,._ 10:43:46�04'00' = c° 6
OR Official Records
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4
Stacy L. Brown PSM No. 6516 c! 04• o , .o
THIS IS NOT A FIELD SURVEY SurvTech Solutions, Inc. LB No. 7340 /�/ 0 a
11.) Paper copies of this sketch ore not valid without the original \\ —%�/
signature and raised seal of a Florida Licensed Surveyor and
Mapper. Digital copies are not valid without the digital signature
of a Florida Licensed Surveyor and Mapper. . uR\riyiN( f olmy WI II I
2.) The bearing structure far this sketch is based on a Florida East "1� ,�1�.,OR.ltlN 'S'f `�
LCIIN�L< �,Y
State Plane grid bearing of N 73'58'12" W for the North
Right—of—way Boundary of State Road 82.
THIS IS NOT A BOUNDARY SURVEY. } '
Dote Plotted: 4/21/2021 3:32:44 PM By: Stacy Brown SHEET: I OF 4
Exhibit B
• Page I of
Sketch &Description fl'i-
THIS Immokalee Sand Mine
Conservation Easement
Section 7, Township 46 South, Range 29 East IS NOT A FIELD SURVEY Collier County, Florida
Now or Formerly Now or Formerly
Parcel #: Parcel #:
1-29-45-31-A00-0004.0000 North Boundary of 1-29-45-31-A00-0003.0000
(Hendry County) Section 6-46S-29E (Hendry County)
L12 �L24 _ Northeast Corner of
Northwest Corner ofL11 _,r,_. -���'' „��SS Section 6-46S-29E
Section 6-46S-29E(--
, ','\` OUt" East Boundary of NE 1/4
of Section 6-46S-29E
Jr L)` o
Now or Formerly "EBBS Out" in
O
Now or Formerly Parcel : 00063360004 ��5� '
# Now or Formally
Parcel #: 00050040007 O.R. Book 3502. Page 109) l�
( 9 VIA Parcel #: 00063400100
73) I (f`
West Boundary of NW 1/4 Northwest 1/4 of I Northeast 1/4 of L19
of Section 6-46S-29E Section 6-46S-29E Section 6-46S-29E o O
0
Northwest Corner of I _ _ Northeast Corner of a 1_
the Southwest 1/4 of - - - - I the Southeast 1/4 of ll
Section 6-46S-29E Section 6-46S-29E
Now or Formerly
West Boundary of SW 1/4---/ Southwest 1/4 of ' Southeast 1/4 of _ Parcel #: 00063320002 O ili
of Section 6-46S-29E Section 6-46S-29E Section 6-46S-29E 5 u')
-' „ --East Boundary of SE 1/4 `- ti)
of Section 6-46S-29E
Southwest Corner of Now or Formerly Southeast Corner of
the Southwest 1/4 of - - _ Parcel #: 00063480007 — - - the Southeast 1/4 of
Section 6-46S-29E 1 (O.R. Book 3502, Page 109 Section 6-46S-29E a
Now or Formerly i Northwest of 4 of Northeast 1/4 1#: 00050560008 I/ Now Formerly
Parcel
�) Section 7-46S-29E I Section 7-46S-29E Parcel #:: 00063720000
J cN
Conservation
West Boundary of NW 1/4- Easement
of Section 7-46S-29E See Sheet 3 for I /—East Boundary of NE 1/4
Detail of Section 7-46S-29E
I
L7 See Detail "A" Southeast Corner of
Sheet 4 - - the Northeast J4 of
Point of Be innin .,. -4) Section 7-46S-29E
N 7 ' rn Now or Formerly
Conservation St J ar.12, W L26 Li rl Parcel 00063840003
Easement North 20o, po at 5n169.
9.0 '-- #:
Per"19ht Fe 'of� • Obi. Odd 82 4 East Boundary of SE 1/4
Conservation R/ght ° a D par$oundoRi9ht_rY of or, of Section 7-46S-29E
Easement way Mop eat 93,
t n N° -Aortae. d ,,. Point of Commencement
NOTE: See Sheet 3 for Conservation Detail o. o
See Sheet 4 for Line Information DJas~lpi Conservation Easement ]
i \`
i., SLIKV l ii(J I SOW IIO NS, INC. SLIRv'EYORS AND NtAppi RS
PROJECT NO.: 20060015
PHASE: 95 . 10220 U.S. Highway 92 East, Tampa, FL 33610
LAST FIELD DATE: N/A �� phone: (813)-621-4929, fax: (813)-621-7194, Licensed Business #7340
email: sbrownasurvtechsolutions.com http://www.survtechsolutions.com /f
Drawing Name: 200600 f 95_9S_1 SK SHEET: 2 OF 4
Exhibit B
Page z Of -1
I- Sketch &,Description
Immokalee Sand Mine Ln
Conservation Easement
Section 7, Township 46 South, Range 29 East Q
Collier County, Florida
r_West Boundary of NW 1E/4 .y
of Section 7-46S-29 a rj p
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rn 811
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12.00' S S?
Conservation Easement Sj,
Total Acreage F
430118.30 Square Feet
9.874 Acres °?e?,
12.00'
——
-—
1-
--- N Pain! of Beginning
.,�35a 12' w Conservation Easement
North Rr N ?38 12 ``3'92'
per 8ht'of,. W 9p ,----Right Florid D oY 8 �n 2 95.
of_ ° ePo ° do — _
p on Of Skit. o0 73'
20a S�atewlT MoP Se t�enf No, p orto•oR 82 58 12" W 5 6 —�'``...�„ L27
�'ubi Oad 8 °5-1p1 s.o¢ ''—..
'c Rr9ht 2 12g--..,,,,.
'of�way
THIS IS NOT A FIELD SURVEY NOTE: See Sheet 4 for Line Information
/f \\
� SURVTECI-1 SOLUI IONS, INC. SLIRVEYOla AND MAPPERS
PROJECT NO.: 20060015 ,
PHASE 95 10220 U.S. Highway 92 East, Tampa, FL 33610
LAST FIELD DATE: N/A phone: (813)-621-4929, fox: (813)-621-7194, Licensed Business #7340
" email: sbrown@survtechsolutions.com http://www.survtechsolutions.com J/
Drawing Name: 200600195_9S_1 SK SHEET: 3 OF 4
Exhibit B
Page 3 of y
i Sketch &Description
Irnmokalee Sand Mine
Conservation Easement
Section 7, Township 46 South, Range 29 East a
Collier County, Florida <r
Y
0
Line Information:
LINE BEARING DISTANCE C2
L1 N 73'58'12" W 2316.47' 0
L2 N 16'01'48" E 17.00' o rei L
L3 N 73'58'12" W 540.00'
L4 N 16'01'48" E 3.00' II
L5 N 73'58'12" W 70.00'
L6 S 16'01'48" W 20.00' '-
L7 N 73'58'12" W 2242.57' �;
L8 N 00'13'13" W 2150.57' , o
L9 N 00'10'03" W 2528.12' ,- v
L 10 N 00'12'06" W 2528.43'
L11 N 83'02'54" E 2282.02'
L12 N 83'06'56" E 1317.16'
L13 S 40'30'55" E 678.19'
L14 S 16'09'33" E 433.07'
L15 S 42'43'34" E 582.97' p
L16 S 10'32'55" E 261.46'
L17 S 35'22'31" E 152.81'
L18 S 54'54'41" E 269.95'
L19 N 89'23'56" E 21.63'
L20 S 00'41'16" E 769,74'
L21 S 00'42'16" E 2751.88'
L22 S 00'38'28" E 2749.55'
L23 S 00'39'31" E 901.46'
L24 N 83'06'56" E 1319.62'
L25 S 00'42'30" E 205413'
L26 N 73'58'12" W 4266.08'
L27 N 15'48'57" E 12.00'
L28 S 15'48'57" W 281.38'
DETAIL "A"
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ghi
Rgh1..01arDe: eo�i o 'Of-.4,
v
_way oP Sect onf Noa QPort Qc/ 82
o5_ioT J
THIS IS NOT A FIELD SURVEY ,
PROJECT NO.: 20060015 " Sui v L�`"I I '01.LI I IONS, INC. 5lIR VI".YL Ft",ANI)MAPPL Rs
PHASE 95 10220 U.S. Highway 92 East, Tampa, FL 33610
LAST FIELD DATE: N/A phone; (813)-621-4929, fax: (813)-621-7194, Licensed Business #7340
,, email: sbrown@survtechsolutions.com http://www.survtechsolutions.com
Drawing Name: 200600195_9S_1 SK SHEET: 4 Of 4 �i'
Exhibit B
Page i...of j