Roers Naples Apartments Owner II, LLC THIS INSTRUMENT PREPARED BY&RETURN TO:
NAME: Winthrop& Weinstine, P.A.
Jordan J. Hogness INSTR 6562022 OR 6372 PG 3348
RE2024 9:17 AM
ADDRESS: 225 South Sixth Street CLERKCORDED OF THE6/21/CIRCUIT COURT ANDPAGES COMPTROLLER11
Suite 3500 COLLIER COUNTY FLORIDA
Minneapolis, Minnesota 55402 DOC@.70$0.70 REC$95.00
PARCEL I.D. # 00194920009
SPACE ABOVE TIIIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this 30th day of May, 2024, by Roers
Naples Apartments Owner II LLC, a Delaware limited liability company (hereinafter
"Owner", as Grantor, whose address is Two Carlson Parkway, #400, Plymouth,
Minnesota 55447, 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, Owner 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
Owner; 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
Exhibit"B" (the "Easement Property").
NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier
County as follows:
1. Grantor, its successors, heirs, assigns and/or transferees, hereby grants a non-
exclusive easement to Collier County over and across the Easement Property described
as Exhibit "B" for the purpose of conservation. Collier County shall have no
responsibility for maintenance of the conservation easement.
1
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 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 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.
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. Notices
shall be addressed as follows:
a. To the Grantor:
Roers Naples Apartments Owner II LLC
c/o Roers Companies
2 Carlson Parkway
Suite 400
Plymouth, Minnesota 55447
Attention: General Counsel
b. To the Grantee:
Collier County
Collier County Governmental Center
3299 Tamiami Trail East
Naples, Florida 34112
Attention: County Attorney
A party may change its notice address by written notice, delivered in accordance
with this Section 8, to the other party.
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
3
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.
[Remainder of page intentionally left blank.]
4
IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and
year first above written.
ROERS NAPLES APARTMENTS OWNER II LLC,
a Delaware limited liability company
r
By: ��
Thomas W. Cronin
Authorized Signatory
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me by means of physical presence
or _ online notarization on May 28 , 2024, by Thomas W. Cronin, Authorized
Signatory of Roers Naples Aparti`nents Owner II LLC, a Delaware limited liability
company, on behalf of said limited liability company. He is jX1 personally known to me
or [ ] has produced a valid driver's license as identification.
6\-V7" .
Notary
) VD%
- PAIGE CATHERINE WEBSTER 1
WITNESSED BY: i I► 1 NOTAR PPUBUC-MINNESOTA
1 MENNEPINCOUNTY
Name: +l' Name: I rfG My Commission Erpiret.lin.31.2025
Address: Ca kw Address: P
P
LP-. 1
Sig •.tuhe of ness #1 g ture of itn ss #2
[Acceptance by grantee is on subsequent page.]
i
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: By:
464
Deputy Clerk Chris all, Chairman
Attest O.-to Chairman's
signature only
Approved as to form and legality:
ft, ,11/f/A_ e‘ -
Derek D. Perry
Assistant County Attorney
24i-EN5 Oo `75S
THIS CONVEYANCE ACCEPTED BY
THE BOARD OF COUNTY
COMMISSIONERS , COLLIER
COUNTY , FLORIDA, PURSUANT
TO AGENDA DATED APRIL 9 ,
2024 , AGENDA ITEM NO. 17 . C .
CONSENT TO CONSERVATION EASEMENT
The undersigned, the (i) mortgagee in that certain Mortgage, Security Agreement,
Assignment of Leases and Rents, and Fixture Filing dated April 4, 2024, and recorded April 9,
2024, in Official Records Book 6347, Page 2701, of the Public Records of Collier County,
Florida, (ii) assignee with respect to that certain Assignment of Leases and Rents dated April 4,
2024, and recorded April 9, 2024, in Official Records Book 6347, page 2725, of the Public
Records of Collier County, Florida„ and (iii) secured party with respect to that certain UCC
Financing Statement recorded April 9, 2024, in Official Records Books 6347, page 2737, all of
the foregoing embracing land located within Collier County, Florida, legally described as
follows:
Parcel 1:
The West 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 28,
Township 48 South, Range 26 East, Collier County, Florida, LESS AND EXCEPT that portion
in Stipulated Order of Taking recorded in Official Records Book 2587, Page 2742 and by
Stipulated Final Judgment recorded in Official Records Book 2748, Page 3354, of the Public
Records of Collier County, Florida.
Parcel 2:
The West 1/2 of the Southwest 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 28,
Township 48 South, Range 26 East, Lying and Being in Collier County, Florida.
does hereby consent to the foregoing Reciprocal Easement Agreement and to the dedications
made thereon and agrees that in the event of a foreclosure of any mortgage, all easements as
memorialized therein shall survive and be enforceable.
[Remainder of page intentionally left blank; signature on subsequent page.]
IN TESTIMONY THEREOF, the undersigned has hereunto executed this instrument this
at day of , 2024.
NAPLES 7576 MULTIFAMILY KCD,LLC,
a Delaware limited liability company
By: A.,
Name: Russell M. Reiter, Esq.
Title: Vice President and Authorized Signatory
STATE OFflo'iaa )
ss.
COUNTY OF'' jam, P40(41
The foregoing instrument was acknowledged before me by means of ✓physical presence
or _ online notarization this ?10 day of A , 2024, by Russell M. Reiter, Esq., the
Vice President and Authorized Signatory of Nap es 7576 Multifamily KCD, LLC, a Delaware
limited liability company, for and on behalf of the same. He is [Li personally known to me or [ ]
has produced a valid driver's license as identification.
Nota ublic •— ----AM.- - -..• .
;40�i'+• ERIKA YESS
Notary Public-State of Florida
WITNESSED BY: :'� �' Commission N 63 33
a � My Comm.ExpiresHH May 2622,2026
(� `�� Br,nded through National Notary Assn.
Name: G1 C� Name: Pa V1 ► 1 0(C CSC
Address: 300 Address: 7uw i CvHi'y {261.5tt
12 3pd
ins F�33Nf(� bout >�'..ta� FL 33(.4gp
Signature of Witn 1 Signature of Witness#2
[Consent signatures end]
Exhibit A
Legal Description of the Property
The West 1/2 of the Southwest 1/4 of the Northeast 1/4 of the Northwest 1/4 of
Section 28, Township 48 South, Range 26 East, Lying and Being in Collier County,
Florida.
Page of_ i
Exhibit B
Legal Description and Depiction of the Easement Property
Attached.
28827695v5
Page 1 of
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