Carman Dr. 15, LLC -PI #00451200006 THIS INSTRUMENT PREPARED BY&RETURN TO:
NAME: DAVID E. TORRES INSTR 6436254 OR 6274 PG 1756
C/O CARMAN DRIVE 15, LLC RECORDED 8/3/2023 3:04 PM PAGES 10
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
ADDRESS: 7742 ALICO ROAD COLLIER COUNTY FLORIDA
FORTMYERS,FL 33912 DOC@.70$0.70 REC$86.50
PARCEL I.D. # 00451200006
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this 12th day of July, 2023, by Carman
Drive 15, LLC, as Grantor, whose address is 7742 Alico Road, Fort Myers, Florida 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] Carman Drive 15, LLC. is the owner of that certain tract of
land located in Collier County, Florida described in Exhibit "A" [include a Plat Book and
Page reference in Exhibit "Al 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
Carman Drive 15, 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. Carman Drive 15, 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
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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. Carman Drive 15, 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.
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�P.
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, Grantor has hereunder set its hand and seal the day
and year first above written.
Sign, sealed and delivered in the presence of:
WITNESSES: Carman Drive 15, LLC
-�fire��JL si11_ �--
intOd .me:"C"carre\o. MSch.rade-�
nieliNIE I I) By:
P ,tzs ame:MINA t2' -David E. Torres
Manager
Revised 2/13/2019 3
tik
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing instrument was subscribed, sworn and acknowledged before me this
12 day of U kt , 20 23 , by [authorized signor of
Grantor entity] `D a iI t�1 � -7.Cj t' _ , as [title]
YY1 rtaoer for [entity] 3 '.me►-t L2rtvc / , fie,. , and who is,kj
personalty known to me or [ ] who produced as identificatidn.
NOTARY PUBLIC
Printed Name: I'arn e(a t-LSekn,roa eC
My Commission Expires:
ip` �Pi TAMELAM.SCHRODER
.:•. , ;t'_ MY COMMISSION#HH 121444
:ta..)4,,k-ii EXPIRES:Apn125,2025
.4. :?r; gamed TTru Notary Public Underwriters
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
...;.......-AL . 'By: '�' .
be. ty Clerk Rick LoCastro, Chairperson
,.:s`LU dhalrman's
sigtfure only
THIS CONVEYANCE ACCEPTED BY THE BOARD OF
COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA, PURSUANT TO AGENDA DATED 2/23/2010,
ITEM NO. 16.B.1, RESOLUTION NO. 2010-39
Appr•.i-d as to form and
Leg. fficiency: I
K /'it(L`,'
L)EK'EJc 0. Pe-RR
Assistant County Attorney
CP\l 1-ENS-00442\4
Revised 2/13/2019 4 9
0
EXHIBIT A
K. E. TRASK, P.A.
LAND SURVEYORS
A PARCEL LYING IN
SECTION 6,TOWNSHIP 50 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA.
(CARMAN DRIVE OFFSITE PARCEL-PARCEL NO.00451200006)
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER, LYING IN SECTION 6,TOWNSHIP
50 SOUTH, RANGE 27 EAST, BEING A PART OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 5621, PAGE 1985,
COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 50 SOUTH,
RANGE 27 EAST.
SAID PARCEL CONTAINS 1021577.78 SQUARE FEET OR 23.45 ACRES, MORE OR LESS.
K.E.TRASK, P.A. NOVEMBER 8, 2021
FLORIDA LICENSED BUSINESS LB8450
Kenneth E. Digitally signed by Kenneth
E.Trask
Trask Date:2023.01.1911:38:30
05.00.
KENNETH E.TRASK
PROFESSIONAL LAND SURVEYOR
FLORIDA LICENSE LS4684
SHEET 1 OF 2
12345 BLASINGIM ROAD • FORT MYERS, FL 33966
.4_
\-N.W. CORNER
SECTION 6
INTERSTATE 75
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N84'03'46W 1520.41'
E.—W. QUARTER SECTION LINE
LEGEND
LS LICENSED SURVEYOR
LB LICENSED BUSINESS
OR OFFICIAL RECORDS BOOK
PG PAGE
NOTE:
THIS SKETCH PREPARED BASED ON A FRACTIONAL
BREAKDOWN USING INFORMATION FROM CERTIFIED CORNER
RECORDS FROM LABINS.ORG.
SKETCH TO ACCOMPANY THIS IS NOT A BOUNDARY SURVEY K.E. Trask, P.A.
DESCRIPTION Land Surveyors
0,g1z11y signed by Kenne{h E. Florida Licensed Business No. L88450
OF A PARCEL LYING IN Kenneth E.Trask Task 12345 Blasingim Road
SECTION 6,TOWNSHIP 50 SOUTH, Date.z°'°'19138:49-0soo Fort Myers, Florida 33966
RANGE 27 EAST, KENNETH E. TRASK DATE (239) 980-1495
PROFESSIONAL LAND SURVEYOR dote aeg •ca• lob, Mie.t
COLLIER COUNTY,FLORIDA. FLORIDA LICENSE NO. LS4684 11-8-21 I 2P-18y9( I 1•=400� I 20-169 I 2 OF 2
EXHIBIT B
K. E. TRASK, P.A.
LAND SURVEYORS
A PARCEL LYING IN
SECTION 6,TOWNSHIP 50 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA.
(CARMAN DRIVE OFFSITE PARCEL-PARCEL NO.00451200006)
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER, LYING IN SECTION 6,TOWNSHIP
50 SOUTH, RANGE 27 EAST, BEING A PART OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 5621, PAGE 1985,
COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 50 SOUTH,
RANGE 27 EAST.
SAID PARCEL CONTAINS 1021577.78 SQUARE FEET OR 23.45 ACRES, MORE OR LESS.
K.E. TRASK, P.A. NOVEMBER 8, 2021
FLORIDA LICENSED BUSINESS LB8450
Kenneth E. Digitally signed by Kenneth
ETrask
Trask Date:2023.01.1911:38:30
-05'00'
KENNETH E.TRASK
PROFESSIONAL LAND SURVEYOR
FLORIDA LICENSE LS4684
SHEET 1 OF 2
12345 BLASINGIM ROAD • FORT MYERS, FL 33966
\—N.W. CORNER
SECTION 6
INTERSTATE 75
0
N
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PART OF OR 5621 PG 1985
S85'01'00"E 1482.75'
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ao PART OF OR 5621 PG 1985 a?
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SECTION 6 co
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N84'03'46"W 1520.41'
E.—W QUARTER SECTION LINE
LEGEND
LS LICENSED SURVEYOR
LB LICENSED BUSINESS
OR OFFICIAL RECORDS BOOK
PG PAGE
NOTE:
THIS SKETCH PREPARED BASED ON A FRACTIONAL
BREAKDOWN USING INFORMATION FROM CERTIFIED CORNER
RECORDS FROM LABINS.ORG.
SKETCH TO ACCOMPANY THIS IS NOT A BOUNDARY SURVEY K.E. Trask, P.A.
DESCRIPTION Land Surveyors
Digitally signed by Kenneth E. Florida Licensed Business No. LB8450
OF A PARCEL LYING IN Kenneth E.Trask Trask 12345 Blaeinglm Road
SECTION 6,TOWNSHIP 50 SOUTH, Dam:zoza.ot.t9l cse:+g osoo Fort Myers, Florida 33986
RANGE 27 EAST, KENNETH E. TRASK DATE (239) 980-1495
PROFESSIONAL LAND SURVEYOR date awg Seale Job,D/ sheet
COLLIER COUNTY,FLORIDA. FLORIDA UCENSE NO. LS4684 11-8-21 zo 16ss( Iw 1 =400' I 20-169 I 2 of 2 '7)