HSC Orangetree LLC - Folio #3711980009 !NSTR 6495343 OR 6320 PG 1279
RECORDED 1/9/2024 2:32 PM PAGES 8
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
DOC@.70$0.70 REC$69.50
THIS INSTRUMENT PREPARED BY&RETURN TO:
NAME: JAMES It DICKENS,JR,ESQ.
ADDRESS: 184 COMMERCE STREET
MONTGOMERY,AL 36104
PARCEL I.D. #37119800009
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this Z O rH day of
DEC E7'11Ec<. , 2023, by HSC Orangetree, LLC, an Alabama limited
liability company (hereinafter "Grantor"), whose address is 805 Trione Avenue, Daphne,
Alabama 36526, 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 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
Grantor; and
WHEREAS, the parties wish to establish their respective rights and responsibilities
relative to the use and maintenance of the conservation area located on that portion of
the Property described in the attached Exhibit "B" attached hereto (the "Easement
Property").
NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier
County as follows:
1. Grantor, its successors, assigns and/or transferees, hereby grants a non-
exclusive easement to Collier County over and across the Easement Property 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
Revised 2/13/2019 1
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 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.
Revised 2/13/2019 2
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 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.
[EXECUTION ON FOLLOWING PAGES]
Revised 2/13/2019 3
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:
WITN SES: _ HSC Oranget ee, LLC,
an Alabam. ,ited li ,bill company
Prin Name: tid eol., 9. 1/4-rie.
By: I _ .L iS
Printed Na e: Evii c Vc, Mil teX H. 'ay Hix, .
Its Member
STATE OF ALABAMA )
COUNTY OF BALDWIN )
The foregoing instrument was subscribed, sworn and acknowledged before me this
90 day of Z 2.C_ Q' , 2023, by H. Ray Hix, Jr., as Member
of HSC Orangetree, LLC, an Alabama limited liability company, and who is [X]
personally known to me or [ ] who produced as identification.
®.elN.eo,,,°e I I
��,:.........
- �1B .. ' �- it I 1 W 1
_Q•; PS.v . �%1OTARY PUBLIF�
q: ®� ® '-,IIlinted Name: / Al . 6 Wail.
My Commissio Expires: 0 : ,f' c,
N-A c A ---„,,,-......po....,..<7"
'1MAe. S.°/
.....oo.0000000
Revised 2/13/2019 4
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
i .- fil ' '-.),
Ar
/24Z.
By: _4 — � Rv 1 --
D=a,fi CJe .. Rick I..Castr , Chairman
-,Attes --to Ctrrnan's
signet&r$.bnlys
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
Approved as to form and
Les. sufficiency:
/ / / AK 4.41
►'.re)< II t Pc
Assistant County Attorney
CP\11-ENS-00442\4
23 -ENS- o67z7
Revised 2/13/2019 5
Exhibit"A"
Property
The South 180 feet of Tract 142, Golden Gate Estates Unit No. 11, according to the plat
thereof as recorded in Plat Book Page 4, Pages 103 and 104, Public Records of Collier
County, Florida.
Parcel No. 37119800009
Revised 2/13/2019
Exhibit"B"
Easement Property
(Attached.)
Revised 2/13/2019 7
SKETCH AND LEGAL DESCRIPTION OF A PORTION OF TRACT 142, GOLDEN GATE
ESTATES,UNIT NO. 11, PLAT BOOK 4, PAGES 103 AND 104, COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION:
A PORTION OF TRACT 142, GOLDEN GATE ESTATES UNIT NO. 11, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 4, PAGES 103 AND 104, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID TRACT 142, THENCE RUN N00°19'10"E
ALONG THE WESTERLY LINE OF SAID TRACT 142 FOR A DISTANCE OF 105.00 FEET TO A POINT;
THENCE RUN S89°40'50"E FOR A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY LINE OF
A 60' WIDE ROAD EASEMENT ALSO BEING THE POINT OF BEGINNING; THENCE RUN N00°19'10"E
ALONG SAID EASTERLY LINE FOR A DISTANCE OF 75.00 FEET TO A POINT; THENCE RUN
S89°40'50"E FOR A DISTANCE OF 567.00 FEET TO A POINT; THENCE RUN S00°19'10"W FOR A
DISTANCE OF 75.00 FEET TO A POINT; THENCE RUN N89°40'50"W FOR A DISTANCE OF 567.00
FEET TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING AN AREA OF 0.976 ACRES, MORE OR LESS.
SURVEYOR'S NOTES:
1. BEARINGS SHOWN ARE REFERENCED TO THE PLAT OF GOLDEN GATE ESTATES UNIT NO. 11, AS PER PB
4, PG 103 AND 104.
2. THIS IS NOT A SURVEY: NO FIELDWORK WAS PERFORMED IN THE PREPARATION OF THIS EXHIBIT.
3. ALL COORDINATES AND DIMENSIONS ARE U.S. SURVEY FEET(12 METERS = 39.37 FEET)
4. THIS EXHIBIT CONSISTS OF 2 PAGES, AND IS NOT VALID WITHOUT ALL PAGES.
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THIS EXHIBIT HAS BEEN
MADE UNDER MY DIRECTION,AND COMPLIES WITH
STANDARDS OF PRACTICE AS SET FORTH BY THE
FLORIDA BOARD OF PROFESSIONAL SURVEYORS WILLIAM J WRIGHT,PhD,P.S.M.
LICENSE NO.6868,STATE OF FLORIDA
AND MAPPERS CONTAINED IN CHAPTER 5J-17.051,
FLORIDA ADMINISTRATIVE CODE,AND IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF.
WrightPSM, LLC SCALE: 'DATE: 03/30/2023
PROFESSIONAL SURVEYING AND MAPPING
1248 SE 12TH AVE DEERFIELD BEACH.FL 33441 PAGE
(772)538-1858 www.wrightpsm.com JOB NO. 22-0118 1 OF
CERTIFICATE OF AUTHORIZATION NO.L.B.8186
SKETCH AND LEGAL DESCRIPTION OF A PORTION OF TRACT 142, GOLDEN GATE
ESTATES, UNIT NO. 11, PLAT BOOK 4, PAGES 103 AND 104, COLLIER COUNTY, FLORIDA
0
o,
N O
112 I I 110 00' 0
I 160.00' 141 I I o O
_
50.00' 50.00' i._i
30.00' - I _1.` 3 N LINE
0.00' TRACT 142 0— In
6
S89'40'50"E 680.00'(P) 1
W LINE TRACT 142 IH E LINE
N00'19'10"E I o 142 0 ��TRACT 142
75.00' F -
I I
S89'40'50"E 567.00' 83 00,0 1
S89'40'50"E ,// //J///
F // F 30.00' "
N89'40'50"W 567.00' o
5001910 W
N00'19'10"E I POB S LINE TRACT 142 o I 75.00'
_ 105.00' 680.00' I I
I I 330.00' I 350.00'
SW CORPO R GOLDEN GATE ESTATES Z I^
TRACT 142 ci
k UNIT O. 11 a
Zw (PB 4, P 103-104) ELJ
X
dal Ia � N
w
WW8I I8JIW
110 l < g 143 0 144 F2 01
w o wCO
W
O
0a, -a) O 3
e.' 1co o( 1 o V) o
z z �J
I I 1 k-I
0
I
0
u)
_ 0 , 330.00' I 350.00'
o
GOLDEN GATE BOULEVARD WEST
i
0 100' WIDE ROAD EASEMENT (P)
0
a
Ln
ABBREVIATIONS LEGEND LB =LICENSED BUSINESS
POC=POINT OF COMMENCEMENT PSM=PROFESSIONAL SURVEYOR&
POB=POINT OF BEGINNING MAPPER
(P)=PLAT DATA
PB =PLAT BOOK
PG=PAGE
WrightPSM, LLC SCALE: 1"=200' DATE: 03/30/2023
PROFESSIONAL SURVEYING AND MAPPING
1248 SE 12TH AVE DEERFIELD BEACH,FL 33441 PAGE
(772)538-1858 www.wrightpsm.com JOB NO. 22-0118 2 OF 2
CERTIFICATE OF AUTHORIZATION NO.L.B 8186