D & A Enterprises of Collier County, Inc. THIS INSTRUMENT PREPARED BY&RETURN TO:
Thomas K. Boardman, P.A.
1400 N 15th Street, Suite 201
Immokalee, FL 34142
INSTR 6187786 OR 6069 PG 1153
PARCEL I.D. # RECORDED 1/11/2022 8:20 AM PAGES 7
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
DOC@.70$0.70 REC$61.00
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this j If day of February,
2011, by D & A Enterprises of Collier County, Inc., as Grantor, whose address is
1213 Lee Street, Immokalee, Florida 34142, 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, D & A Enterprises of Collier County, Inc. 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 D & A Enterprises of Collier County, Inc.; 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. D & A Enterprises of Collier County, Inc., 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 vegetation with the exception
Revised 10/14/05 1
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.
3. D & A Enterprises of Collier County, Inc., 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
Revised 10/14/05 2
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:
WIT ,(� D & A Enterprises of Collier County, Inc.
Printed Name: c+oK�r K� (,.C„-_ 41..�r By:
"�
Jes yala, President
��c.0,2 in ' Liz
Printed Name: KPce,�,4 ;h _ ��,ta;-A- Attest: _ it
Andres De La Rosa, III, Se retary
Revised 10/14/05 3
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing instrument was subscribed, sworn and acknowledged before
me this I L 4- day of February, 2011, by Jesus Ayala and Andres De La
Rosa, as President and Secretary, respectively, of D & A Enterprises of Collier
County, Inc., who are [ ] personally known to me or [. ] who have produced
as identification.
LL -- m -
NOTARY PUBLIC
_ _ __ _ _
�, ti KERENSA M.CLARK Printed Name:
rU�1.Sq (;��JL
4 s�P� -A z Notary Public-State of Florida
's• •' a My Comm.Expires Aug 14,2012 `
=- Commission#DD 808471
II '''4.4„„:i:sss bonded Through National Notary Assn.
Revised 10/14/05 4
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
'."1/1---thiL LA). ( 18AQ.,
By:
Deputy Cler fiCet \4. CCY LE
Attest is to Choi CHAIRPERSON
stouter, NO.
Approved as to form and
Legal sufficiency:
Ste,ueet :1(;awo
Assistant County Attorney
Revised 10/14/05 5
EXHIBIT "A"
WOD: 02-2357E 14 FEB II P O C
FN&T AT EAST
THIS IS NOT A BOUNDARY SURVEY QUARTER CORNER
OF SECTION 36,
LEGEND: TOWNSHIP 46 SOUTH,
POB = POINT OF BEGINNING RANGE 28 EAST,
POC = POINT OF COMMENCEMENT COLLIER COUNTY.
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By' �`� . POB-k ,
John S. Burns. Sr.. PS&M-LS#5583 or N 89°40'20" E 120.00'
Robert K. Burns. PS&M-LS#4603 or 'x,
Stacey A. Basham. PS&M-LS#5883 ',
R. K. Burns Surveying. Inc. Licensed Survey Business # 6133 ;
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NOTES
0 0 b
OCD -..s
I) DIMENSIONS ARE IN FEET AND DECIMALS THEREOF EXCEPT AS SHOWN. •`0° •o .;
2) NO UNDERGROUND UTILITIES OR STRUCTURES WERE LOCATED EXCEPT NEW -� gP,
717,
AS SHOWN.
3) NO TITLE RESEARCH WAS DONE BY THIS COMPANY. NO ABSTRACT P. PRESERVATION o
OF TITLE WAS PROVIDED. EASEMENT m
0
v
O N
y
R . K . BURNS SURVEYING , INC .
S 89°00'40"W 120.01 '
3507 LEE BLVD. SUITE 206-D S K_ETCH TO
LEHIGH ACRES. FL. 33971
(239) 303-0764 ACCOMPANY LEGAL
(239) 303-0832 (FAX) I DESCRIPTION SHEET 1 OF 1
INFO@BURNSSURVEYING.COM
EXHIBIT "B"
WO#: 02-2357E I'+ FEB II
THIS IS NOT A BOUNDARY SURVEY
LEGEND,
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
S 89°01 ' 11 "W
1014 . 25 ' POC r�
FN&T AT EAST
QUARTER CORNER
OF SECTION 36 ,
o TOWNSHIP 46 SOUTH ,
° RANGE 28 EAST ,
COLLIER COUNTY ,
FLORIDA .
O
REMAINDER OF THE WEST 120 FEET
OF THE EAST 470 FEET OF THE
NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER ca
OF SECTION 36 , TOWNSHIP 46 SOUTH , ou
RANGE 28 EAST , COLLIER COUNTY ,
FLORIDA .
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•
A PART OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 436 , AT
PAGE 1377 , PUBLIC RECORDS OF COLLIER COUNTY , FLORIDA , BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE EAST QUARTER CORNER OF SECTION 36 , TOWNSHIP 46
SOUTH , RANGE 28 EAST , COLLIER COUNTY , FLORIDA ; THENCE S 89°01 ' II "W ALONG
THE NORTH LINE OF SAID SOUTHEAST QUARTER , 1014 . 25 FEET TO THE NORTHEAST
CORNER OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 436 , AT
PAGE 1377 , PUBLIC RECORDS OF COLLIER COUNTY , FLORIDA ; THENCE ALONG THE
EAST SIDE OF SAID PARCEL S 00° 19 '40"E 553 .89 FEET TO A POINT 110 . 72 FEET
NORTH OF THE SOUTHEAST CORNER OF SAID PARCEL AND THE POINT OF BEGINNING
OF THE PARCEL HEREIN DESCRIBED ; THENCE CONTINUE S 00° 19 '40"E 110 . 72 TO THE
SOUTHEAST CORNER OF SAID PARCEL ; THENCE ALONG THE SOUTH SIDE OF SAID
PARCEL S 89°00 '40"W 120 . 01 ' TO THE SOUTHWEST CORNER OF SAID PARCEL ; THENCE
ALONG THE WEST SIDE OF SAID PARCEL N 00° 19 '40"W 112 . 10 FEET ; THENCE
N 89°40 '20"E 120 . 00 FEET TO THE POINT OF BEGINNING .
PARCEL CONTAINS 0 . 31 ACRES MORE OR LESS .
BEARINGS ASSUMED BASED ON THE NORTH LINE OF THE SE QUARTER OF SECTION
36 , TOWNSHIP 46 SOUTH , RANGE 28 EAST AS BEARING S 89°01 ' 11 "W
NOTES
I ) DIMENSIONS ARE IN FEET AND DECIMALS THEREOF EXCEPT AS SHOWN.
21 NC UNDERGROUND UTILITIES OR STRUCTURES WERE LOCATED EXCEPT
AS SHOWN.
3) NO TITLE RESEARCH WAS DONE BY THIS COMPANY. NO ABSTRACT
OF TITLE WAS PROVIDED.
IR . K . BURNS SURVEYING , INC . By, r_ �
3507 LEE BLVD. SUITE 206-0 SKETCH TO John S. Burns, Sr.. PS&M-LS05583 or
LEHIGH ACRES, FL. 33971 Robert K. Burns, PS&M-LSe4603 or
(239) 30.E-0764 ACCOMPANY LEGAL Stacey A. Boshom, PS&M-LS#5883
(239) 303-0832 (FAX) DESCRIPTION SHEET I OF I R. K. Burns Surveying, Inc. Licensed Survey Business # 6133
INFO®BURNSSURVEYING.COM