Naples Botanical Garden
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #1 throul!b #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFO~TION 10 kc. l-i,.....(}(tl~
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff Stephen Lenberger
Contact
Agenda Date Item was June 22, 2004
A roved b the BCC
Type of Document
Attacned
Phone Number
252-2915
Agenda Item Number
16B5
INSTRUC IONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossib1 State Officials.
2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the N/A
document or the [mal ne otiated contract date whichever is a licab1e.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SL
si ature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip N/A
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on June 22. 2004 (enter date) and all SL
changes made during the meeting have been incorporated in the attached document.
The Coun Attorne's Office has reviewed the chan es, if a licable.
Number of Original
Documents Attached
1 with exhibits
I: Forms/ County Forms/ BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
OFFICE OF THE COLLIER COUNTY
ENVIRONMENTAL SERVICES DEPARTMENT
INTEROFFICE MEMORANDUM
TO:
Board of County Commissioners of Collier County
FROM:
./
Stephen Lenberge~/1f
Engineering and Environmental Services Department
DATE:
July 10, 2008
RE:
Acceptance of Conservation Easement
Attached is a Conservation Easement from Naoles Botanical Garden, Inc.. In
accordance with Resolution No. 2004-209, approved by the Board of County
Commissioners on June 22, 2004 under Agenda Item No. 16B5, I am requesting
that if this Conservation Easement is acceptable, please sign or stamp as to
approval of this Conservation Easement, and forward it, along with the
attachments, to the Clerk for attestation and recording.
Thank you for your consideration of this matter. If you have any questions,
feel free to contact me at 252-2915 .
Attachments
OFFICE OF THE COLLIER COUNTY
ENVIRONMENTAL SERVICES DEPARTMENT
INTEROFFICE MEMORANDUM
FROM:
Clerk to the Board, Board Minutes and Records
Stephen Lenberger/1Y'
Engineering and Environmental Services Department
TO:
DATE:
July 10, 2008
RE:
Attestation and Recording of Conservation Easement
Attached is a Conservation Easement for Naples Botanical Garden, Inc.,
which has been approved by the Board of County Commissioners. Please attest
as usual, and forward it with the attached check to the Recording Department.
Thank you for your assistance in this matter. Please send me a copy of the
receipt via interoffice mail. If you have any questions, feel free to contact me at
(239) 252-2915.
Attachments
Dwight E. Brock
Clerk of Courts
ii&-;~pty_'~ofeollier
CLERK OF tFfE GIRCUIT COURT
COLLIER COUNTY ~OURT~OUSE
3301 TAMIAMI T2AIL EAsT
P.O. BOX 4~044 \"
NAPLES, FLORlDA~;4101-364-4
~~}
~.
/:::-,.~..;&
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Information Sheet for Deeds and other documents
transferring interest in Real Property.
From: Naples Botanical Garden, Inc.
(Grantor/Seller)
To: Collier County
(Grantee/Buyer)
Date of Sale/Transfer: July 1, 2008
Consideration for this transfer was $ $0.00
Signature of Grantor, Grantee or Agent: 2-----~
(The following Recording information to be completed by Clerk of Circuit Court's Office)
OR Book:
Page #:
Date Recorded:
DEED OF CONSERVATION EASEMENT
NOT TO BE
RECORDED
UNTIL COUNTY
ISSUANCE OF
SDP-AR-12283
A T~I~ DEED OF CONSERVATION EASEMENT is given
of~, 2008, by Naoles Botanical Garden. Inc.
(address) 4820 Bavshore Drive
Naoles. Florida 34112
this zz..
day
("Grantor") to Collier County ("Grantee"). As used herein, the term Grantor shall include
any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the
"Property" (as hereinafter defined) and the term Grantee shall include any successor of
Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Collier County,
Florida, and more specifically described in Exhibit A attached hereto and incorporated
herein ("Property"); and
WHEREAS, the Grantor desires to construct the Naples Botanical Garden
("Project") at a site in Collier County, which is subject to the regulatory jurisdiction of South
Florida Water Management District ("District") and Collier County; and
WHEREAS, District Permit No. 11-02285-P ("Permit") authorizes certain activities
which affect surface waters in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve and/or mitigate wetlands
under the District's jurisdiction; and
WHEREAS, the Grantor has developed and proposed as part of the permit
conditions a conservation tract and maintenance buffer involving preservation of certain
wetland and/or upland systems on the Property; and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is
agreeable to granting and securing to the Grantee a perpetual, non-exclusive conservation
easement as defined in Section 704.06, Florida Statutes (2000), over the Property, subject
to the terms and conditions contained herein.
NOW, THEREFORE, in consideration of the issuance of the Permit to construct and
operate the permitted activity, and as an inducement to Grantee in issuing the Permit,
together with other good and valuable consideration, the adequacy and receipt of which is
hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual, non-
exclusive conservation easement for and in favor of the Grantee upon the Property which
shall run with the land and be binding upon the Grantor, and shall remain in full force and
effect forever.
The scope, nature, and character of this conservation easement shall be as follows:
. 1. It is the purpose of this conservation easement to retain land or water areas
in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and
to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or
upland areas included in the conservation easement which are to be enhanced or created
pursuant to the Permit shall be retained and maintained in the enhanced or created
conditions required by the Permit.
To carry out this purpose, the following rights are conveyed to Grantee by this
easement:
a. To enter upon the Property at reasonable times with any necessary
equipment or vehicles to enforce the rights herein granted in a manner that will not
unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the
time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent
with this conservation easement and to enforce the restoration of such areas or features of
the Property that may be damaged by any inconsistent activity or use.
2. Except for restoration, creation, enhancement, maintenance and monitoring
activities, or surface water management improvements, which are permitted or required by
the Permit and all other activities not expressly prohibited hereunder or permitted under
paragraph three below, the following activities are prohibited in or on the Property:
a. Construction or placing of buildings, roads, billboards or other
advertising, utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or
dumping or placing of trash, waste, or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation, except
for the removal of exotic or nuisance vegetation in accordance with a District approved
maintenance plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or
other material substance in such manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to
remain in its natural condition;
3/5/2008 - 197886 - Vor: 1 - JBROWN
03448-005-001 - ECOR - 31323
f. Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservation including, but not
limited to, ditching, diking and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or
water areas;
h. Acts or uses which are detrimental to the preservation of any features
or aspects of the Property having historical or archaeological significance.
3. Passive Recreational Facilities. Grantor reserves all rights as owner of the
Property, including the right to engage in uses of the Property that are not prohibited herein
and that are not inconsistent with any District or Collier County rule, criteria, the Permit and
the intent and purposes of this Conservation Easement. Notwithstanding the foregoing,
Grantor expressly reserves the right to conduct the following activities on the Property and
such uses are expressly approved by Grantee:
a. The Grantor may conduct limited land clearing for the purpose of
constructing, maintaining and utilizing such pervious facilities as docks,
boardwalks and related over looks, or mulched walking trails.
b. The construction and use of the approved passive recreational
facilities shall be subject to the following conditions:
i. Grantor shall minimize and avoid, to the fullest extent possible,
impact to any wetland or upland buffer areas within the Conservation
Easement Area and shall avoid materially diverting the direction of the
natural surface water flow in such area;
ii. Such facilities and improvements shall be constructed and
maintained utilizing Best Management Practices;
iii. This conservation easement shall not constitute permit
authorization for the construction and operation of the passive
recreational facilities. Any such work shall be subject to all applicable
federal, state, District or local permitting requirements.
4. No right of access by the general public to any portion of the Property is
conveyed by this conservation easement.
5. Grantee shall not be responsible for any costs or liabilities related to the
operation, upkeep or maintenance of the Property.
6. Grantor shall pay any and all real property taxes and assessments levied by
competent authority on the Property.
3/512008 - 197886 - Vor: 1 - JBROWN
03448-00S-ll01 - ECOR - 31323
7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions
and restrictions of this conservation easement shall be borne by and recoverable against
the non prevailing party in such proceedings.
8. 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 their rights hereunder in the event of any breach hereof by Grantor,
shall not be deemed or construed to be a waiver of Grantee' rights hereunder.
9. Grantee will hold this conservation easement exclusively for conservation
purposes. Grantee will not assign their rights and obligations under this conservation
easement except to another organization qualified to hold such interests under the
applicable state laws.
10. If any provision of this 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.
11. 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.
12. This conservation easement may be amended, altered, released or revoked
only by written agreement between the parties hereto or their heirs, assigns or
successors-in-interest, which shall be filed in the public records in Collier County.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions,
restrictions and purpose imposed with this conservation easement shall be binding upon
Grantor, and shall continue as a servitude running in perpetuity with the Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
Property in fee simple; that the Property is free and clear of all encumbrances that are
inconsistent with the terms of his conservation easement and all mortgages have been
joined or subordinated; that Grantor has good right and lawful authority to convey this
conservation easement; and that it hereby fully warrants and defends the title to. the
conservation easement hereby conveyed against the lawful claims of all persons
whomsoever.
3/5/2008 - 197886 - Ver: 1 - JBROWN
03448-005-001 - ECOR - 31323
IN WITNESS WHEREOF, 6(ZtAJ..} J.Wu...e-l
authorized hand this 2 Z day of Apr2.1 L.
has hereunto set its
,20~.
Signed, sealed and delivered tJAPu:3S ~orAI-) (CJIr{...- 6Aeba-J, I ~c.,
in our presence as witnesses: A Florida corporation
~
~~\\k~ ~y:,-~~
Pri~ Name: ' rint Name: _ ~ f\oW!H
~ ~ Tolle: lO'U3Cu-n \Ie 'bl1!eC!-~
Prin me: JJJ'l~::J r..Jfl f(aT{
STATE OF FLORIDA
) ss:
COUNTY OF CoW6e.
On this 2.2.. day of APeU.... , 20~ before me, the
undersigned notary public, personally appeared .-1>e&~ ~u..e.t , personally
known to me to be the person who subscribed to the foregoing instrument and did not take
an oath, as the (position) 6~-rI\Je l>1~1"ol2 ' of
(corporation) ~APLE6~tlAL-~, a Florida corporation, and acknowledged that he
executed the same on behalf of saidC1S'iporation and that he was duly authorized to do so.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC, S.TATE OF FLORIDA
~~);(-~
Print Name: ~l L. :'f>~J.\--rot-J
My Commission Expires: (PIZiP/toot:;
1) 1> 0 4-3el/1D
............................................,
: CHRISTIE L. BRIGHTON I
: .~'''1 Comlnl'Dl:XM3II70
: "'" EllpiIW II2II2OOt :
i ~1i ~ BoncMd lhN (100)432-42141
: ,~~,~J' Florida NoIMy MIn., InG i
i............ .... .. ..... ..... ... ..... ... .....
3/512008 - 197886 - Vor: 1 - JBROWN
03448-005-001 - ECOR - 31323
Acceptance by Grantee:
ATTEST:
DWIGHT E. BROCK, Clerk
')
0(.
Approved as to form and legal sufficiency:
By:
right
stant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Toi~b
WilsOnMillel~
,..
New Directions In Planning, Design & Engineering
Description of Conservation Easement "0"
Being a part of Lots 62 and 66 through 67, Naples Grove and Trucking Company's
Little Farms No.2 Plat Book 1, page 27 and also being a part of Section 23, Township
50 South, Range 25 East, Collier County, Florida
~I:, A
NextiiO.
"read
All that part of Lots 62 and 66 through 67, Naples Grove and Trucking Company's Little
Farms No.2, Plat Book 1, page 27 and part of Section 23, Township 50 South, Range
25 East, Collier County, Florida being more particularly described as follows;
Commencing at the North Quarter (1/4) corner of said Section 23:
Thence South 00032'06"East, a distance of 50.04 feet to a point on the south right of
way line of Thomasson Drive;
Thence along said south right of way line, South 89016'52" West 50.02 feet;
Thence leaving said south right of way line of Thomasson Drive, South 00043'08" East
10.00 feet to the POINT OF BEGINNING of the easement herein described;
thence S.00037'40"E., a distance of 650.39 feet;
thence N.89038'59"E., a distance of 111.35 feet;
thence S.28017'08"W., a distance of 77.51 feet;
thence S.08013'09"W., a distance of 185.98 feet;
thence S.00045'18"E., a distance of 11.19 feet;
thence S.45004'20"W., a distance of 5.95 feet;
thence S.39053'55"W., a distance of 23.93 feet;
thence S.190 18'48"W'J a distance of 73.26 feet;
thence S.02030'24"W., a distance of 75.29 feet;
thence northwesterly 156.90 feet along the arc of a circular curve concave to the
northeast, having a radius of 125.00 feet through a central angle of 71055'07" and
being subtended by a chord which bears North 39040'49" West 146.80 feet;
thence N.03043'15"W., a distance of 104.72 feet;
thence northwesterly 181.46 feet along the arc of a circular curve concave to the
southwest having a radius of 160.32 feet through a central angle of 64050'59" and
being subtended by a chord which bears North 34027'55" West 171.93 feet;
thence N.080Q2'25"E., a distance of 367.07 feet;
thence northwesterly 114.57 feet along the arc of a circular curve concave to the
southwest having a radius of 64.41 feet through a central angle of 101 054'59ft and
being subtended by a chord which bears North 35001'37" West 100.06 feet;
thence N.78005'49"W., a distance of 368.31 feet;
thence S.89045'48"W., a distance of 514.91 feet;
thence S.16054'30"W., a distance of 237.50 feet;
thence S.02004'34"W., a distance of 336.31 feet;
thence S.4r54'58"E., a distance of 138.55 feet;
thence southerly 207.40 feet along the arc of a circular curve concave to the west
having a radius of 232.56 feet through a central angle of 51005'49ft and being
subtended by a chord which bears North 06001 '20" East 200.59 feet to a point of
reverse curvature;
thence southerly 135.30 feet along the arc of a circular curve concave to the east
having a radius of 123.20 feet through a central angle of 62055'26ft and being
subtended by a chord which bears South 00006'32" West 128.60 feet;
thence S.30051 '03" E., a distance of 11.49 feet;
thence N.83006'40"E., a distance of 266.47 feet;
thence S.02012'24"E., a distance of 99.05 feet;
thence S.31011'01"E., a distance of 165.33 feet;
EXHIBIT
~?L-~,.1JJ .
A . .
II1Il12OO8 - 198289 - VIII;: 1 - KRIMES
~fA7cforporate Office 3200 Bailey Lane, Suite 200 . Naples, Florida 34105 . 239.649.4040 . Fax 239.643.5716
wllsonmiller.com . 800.649.4336
Wil.nMillers
New Directions In Planning, Design & Engineering
thence S.7r53'26"E., a distance of 415.62 feet;
thence N.80037'16"E., a distance of 136.85 feet;
thence S.Or24'22"E., a distance of 212.43 feet;
thence S.75054'21"E., a distance of 170.99 feet;
thence S.02041'51"E., a distance of 275.07 feet;
thence S.8r49'40"E., a distance of 244.73 feet;
thence S.31010'39'W., a distance of 390.81 feet;
thence S.89032'00"W., a distance of 980.34 feet;
thenceN.00042'04"W., a distance of 59.86 feet;
thence S.89020'44"W., a distance of 289.89 feet;
thence N.00021'10"W., a distance of 235.40 feet;
thence N.89038'50"E., a distance of 32.70 feet;
thence N.71040'02"E., a distance of 94.77 feet;
thence N.00022'24"E., a distance of 58.21 feet;
thence N.Or21'04"W., a distance of 107.49 feet;
thence N.15011'14"W., a distance of 117.54 feet;
thence N.1r11'18"W., a distance of 61.94 feet;
thence N.08013'30'W., a distance of 70.13 feet;
thence N.53014'56"W., a distance of 32.81 feet;
thence S.89038'50"W., a distance of 26.68 feet;
thence N.00025'48"W., a distance of 403.80 feet;
thence N.00037'54" W., 1140.68 feet;
thence northeasterly 62.68 feet along the arc of a circular curve concave to the
southeast having a radius of 40.00 feet through a central angle of 89046'35" and
being subtended by a chord which bears North 44015'23" East 56.46 feet;
thence N.89016'52"E., a distance of 1,172.50 feet to the POINT OF BEGINNING.
Containing 37.82 acres, more or less.
Subject to easements and restrictions of record.
Bearings are based on south right of way line of Thomasson Drive being North
89016'52" East.
f ~ ~ 1/ 2a?B
Date
Not valid unless embossed with the Professional's seal.
Ref. 4D-127C
pc. .. . EXHIBIT
I.. z,~
... A,,., If
1/1012008 - 198289- VOl: 1 - KRIMES
19l199 999 999 - - 0
WilsOnMillel~
...
New Directions In Planning, Design & Engineering
Description of Conservation Easement "E"
Being a part of Lots 62 through 63, Naples Grove and Trucking Company's little
Farms No.2 Plat Book 1, page 27 and also being a part of Section 23, Township 50
South, Range 25 East, Collier County, Florida
~I:. A
IexttiO.
yy..,.
All that part of Lots 62 through 63, Naples Grove and Trucking Company's little Farms
No.2, Plat Book 1, page 27 and part of Section 23, Township 50 South, Range 25
East, Collier County, Florida being more particularly described as follows;
Commencing at the North Quarter (1/4) comer of said Section 23:
Thence South 00032'06"East, a distance of 50.04 feet to a point on the south right of
way line of Thomasson Drive;
Thence leaving said south right of way line of Thomasson Drive, along the North-South
~ Section line of said Section 23, South 00042'32"East, a distance of 936.46 feet;
Thence leaving said North-South ~ Section line, North 89017'28"East, a distance of
24.00 feet a point on Conservation Easement "B" as recorded iri Official Records Book
3801, pages 2423-2432, Public Records of Collier County, Florida, and the POINT OF
BEGINNING;
Thence along said Conservation Easement "B" in the following two (2) described
courses;
1) South 18037'40" East 91.50 feet;
2) South 31019'55" East 35.17 feet;
Thence leaving said Conservation Easement "B", South 45056'32" West 9.51 feet;
Thence southwesterly 97.26 feet along the arc of a circular curve concave to the
north having a radius of 125.00 feet through a central angle of 44034'56" and being
subtended by a chord which bears South 68014'01" West 94.83 feet;
Thence North 02030'24" East 73.45 feet;
Thence North 19018'48" East 63.38 feet;
Thence North 390~ East 17.12 feet;
Thence North 45004'20 "East 17.27 feet to the POINT OF BEGINNING.
Containing 0.20 acres more or less.
Subject to easements and restrictions of record.
Bearings are based on south right of way line of Thomasson Drive being North
89016'52" East.
Thomas J. And rson, P.S.M. LS# 5804
(- 3 I,.. 2,0 () 8
Date
Not valid unless embossed with the Professional's seal.
Ref. 4D-127C
EXHIBIT
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111012008 -197585 - Vo<: 1 - KRII.ES
UffJjft3'frc8rporate Office 3200 Bailey Lane, Suite 200 . Naples, Florida 34105 . 239.649.4040 . Fax 239.643.5716
wllsonmlller.com . 800.649.4336
INSTR 6086317 OR 5972 PG 2871
RECORDED 6/28/2021 4:48 PM
CLERK OF THE CIRCUIT COURT PANDS 17
O
ROLLER
COLLIER COUNTY F COMPTROLLER Return to: Doc@ 70$0 LORIDA
70
SFWMD REC$146 00
33301 Gun Club Road
West Palm Beach, FL 33406
AMENDMENT OF CONSERVATION EASEMENT
This Amendment Conservation Easement ("Amendment of Conservation Easement")
is made this 13 day of , 2021 by Naples Botanical Garden, Inc., a Florida
not-for-profit corporation, ("Grantor") having an address of 4820 Bayshore Drive, Naples, FL
34112 with the concurrence of the South Florida Water Management District ("District") having
an address of 3301 Gun Club Road, West Palm Beach, Florida 33406, and Collier County,
having an address of 3335 Tamiami Trail East, Suite 101,Naples, FL 34112 ("County").
Ow
O
WITNESSETH:
a
WHEREAS, Grantor granted in favor of the District and County that certain Deed of
z Conservation Easement dated February 18, 2005 and recorded May 18, 2005 in Official Record
a Q Book 3801 at Page 2423 of the Public Records of Collier County, Florida (hereinafter referred to
Q2 Ili as the "Conservation Easement") encumbering the real property described on Exhibit "A"
a o ° o attached hereto and made a part hereof(hereinafter referred to as the "Original Premises"); and
co0 ~ o
CO
o ( Li_ WHEREAS, Grantor hereby grants to the District and County a perpetual conservation
— >-
Q w Z easement as defined in Section 704.06, Florida Statutes, over the property described on Exhibit
o Doo `B" attached hereto and made a part hereof (hereinafter referred to as "Additional Premises").
Lr)Lf2o o The Grantor is the fee simple owner of the lands described on Exhibit"B"; and
w Y w_
Ce O
HOw -JU
z 1/10 IL WHEREAS, the Conservation Easement over the Additional Premises described in
Exhibit "B" shall be subject to all the provisions and restrictions of the Conservation Easement
recorded in Official Record Book 3801 at Page 2423 of the Public Records of Collier County,
Florida; and
WHEREAS, Grantor requests the District and County amend the Conservation Easement
to release the Conservation Easement with respect to only that portion of the Original Premises
described on Exhibit "C" attached hereto and made a part hereof(hereinafter referred to as the
"Release Parcel"); and
WHEREAS, the District and County are amenable to release the Conservation Easement
only with respect to the Release Parcel.
NOW, THEREFORE, for good and valuable consideration, consisting of the addition
by Grantor of certain property to the Conservation Easement and relinquishment by District and
County of certain property formerly encumbered by the Conservation Easement (as more
specifically described in this Amendment to Conservation Easement)the adequacy and receipt of
Page 1 of 3
which are hereby acknowledged, the District and County hereby amend the Conservation
Easement to discharge, terminate and release the Conservation Easement with respect to only the
Release Parcel, without impairing the operation and effect of the Conservation Easement as to
the remainder of the original premises which are not contained within the Release Parcel, (the
original Premises less and except the Release Parcel is hereinafter referred to as the "Remainder
Premises"). The District and County are also agreeable to accept a conservation easement over
the Additional Premises shown on Exhibit "B". The Conservation Easement shall remain in full
force and effect with respect to the Remainder Premises and shall remain unaffected by this
Amendment of Conservation Easement. All references in the Conservation Easement to
"Property" shall hereafter mean and refer to the Remainder Premises and Additional Premises.
IN WITNESS WHEREOF, the Grantor and District have caused this instrument to be
executed the day and year first above written.
Naples Botan. .1 Garden, Inc., a Florida not-
for-profit co e ora
By: 1��I
DonnPresi e; O
STATE OF FLORIDA )
COUNTY OF CO((i
The foregoing instrument was acknowledged before me by means of El-physical presence or ❑
online notarization this day of , 2021, by Donna McGinnis, as President&
CEO, on behalf of Naples Botanical Garden Inc., a Florida not-for-profit corporation.
Signature of Notary Public
v
7,4Y u ANNETTE MARIE WINKLER
t rhrbiu. Stott- f Fim Ida
rmsnpel N Prin 'd oabrEntame
My Comm.Expires Jul 28,2022
Bonded through National Notary Assn.
My
Personally Known ✓OR Produced Identification
Type of Identification Produced
(signatures continued on next page)
Page 2 of 3
SOUTH FLORIDA WATER
MANAGEMENT DISTRICT
By: .iti.k.ir,A __
Print/Type Name:it.e\',ssc,,VA, Q,A....“--1 S
Title: te0•;\e \\ekvwxyn:s .,r
J
STATE OF FLORIDA )
COUNTY OF i_ )
The foregoing instrument wa�spacknowle ged before me by means of J�physica resence or CI
online notarization this 3 r 'ay of , 2021, by
(name of person acknowledging).
‘344.4.44,10
BARBARA FIELDS Signa ure of Notary Public
'.il< ' N°""Public-State of 11214a
: Commission 4 HH 4621
% '�? My Commission Expires
�'%�' fir October 09, 2024
'�������� Printed, Typed or Stamped Name
My Commission Expires:
Personally Known J OR Produced Identification
Type of Identification Produced
DATED: J(AKte,_ zb. 3'D. . 1
„. „,-,3c,,
ATTEST: , BOARD F UNTY COMMISSIONERS
CRYSTAL K, KINZEL, Clerk COLLI NTY, FLO
13(j c., ,,,- :.;,, .4 :-.:-:._.
By:
• .. ;,.•� Clerk
al Penny Taylor, Chairperson
signature only. ,,
Legal Form Approved
May 2020 Approved as to form and legality
Document re recorded to add exhibits ne � '2 12�, ._.
B and C which were erroneously lJ� ~^'..-•.^,-
omitted from the Amendment of Assistant County mile), Page 3 of 3
Conservation recorded in OR 5973 PG
903.
Bata: 3620625 OR: 3801 PG: 2423 ne m u.ss
Ct;OR !a TO sad mono is the man wow 1t COiiuR C M, n Ne-.71 .71
onsmnci ITn WAR 15/11/2106 at 11:11Y 1R1R I. OOCt;, COM Cans 11,11
UT 72l1 A
/ C7..jo.._
14
T,I-IIS DEED OF CONSERVATION EASEMENT Is given this 1� day
f-A(address)
—.. •Licsabee0/1,- by ivies Refs hl GarrI n_ Ir�r„
hlaplan Finrid.341 1 2
("Granbr") to the
("Gra n ees"). As used herein, the ten Grantor shall include any and al heirs,
successors or assigns of the Grantor, and ail subsequent owners of the `Property' (as
hereinafter defined)and the term Grantees shall include any successor of Grantees.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Paw County,
Florida. )'spedficalty desaibed in Exhibit A attached hereto and incorporated
Prcperbje and
.)iR CPU
WHEREAS, the G
("Project') at a sie in • ' 7nty, which is to e n .
rr regulatory jurisdic�lon of
South Florida Water Mai , 1,m•is « L• ;-+ and •• - County;and
WHEREAS, �: - ..
which affect sumacs . ' of 1' „ j...
- ! certain activitl�ra
WHEREAS, this i • requires that .•1111,
• -rve and/or mitigate
wetlands under the • •r - Ilion;and :'
WHEREAS, the omof developed • G pert of the permit
conditionsc0nors a conservation t ' • 1 ;�' '1 • ng preservation of certain
wetland and/or'upland systems on :��•_ , J-i.
WHEREAS,the Grantor, In consideration of the consent granted by the Permit, is
agreeable to granting and securing to the Grantees a perpetual, non-exclusive
conservation eesernsnt as defined in Section 704.08, Florida Statutes (2000), over the
Property,subject to the terms and conditions contained herein..
NOW, THEREFORE, In consideration of the issuance of the Permit to construct
and operate the permitted activity, and as an Inducement to Grantees in issuing the
Permit,together with other good and valuable consideration,the adequacy and receipt of
which is hereby acknowledged, Grantor hereby grants. aieatss, and establishes a
perpetual, non-exclusive conservation easement for and in few of the Grantees upon
the Property which shall run with the land and be binding upon the Grantor, and shall
remain in full force and effect forever. .
swam WINS M.r.r.J�MM
! . . .r �c4' •. A...._ OR: 3801 PG. 2424
__0 ..L
The scope, nature, and character of this corwrvetlon eeement shall be as
follows:
1. It is the purpose of this conservation easement to retain Mind or water arse
In their natural,vegetative, hydrologic,scenic,open, agricultural or wooer concillion and
to retain such arras as suitable habitat for fish, plants or wildlife. Those wetland and/or
upland areas included in the conservation easement which are to be enhanced or created
pursuant to the Permit shall be retained and maintained in the enhanced or crested
conditions required by the Permit.
To carry out this purpose, the following rights are conveyed to Grantees by this
easement
a. To enter upon the Property at reasonable times with any necessary
equipment or vehicles to enforce the rights herein granted In a manner that will not
unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the
time of such entry,and Wit COU
b. �r Property that is inconsistent
with this conservatio To• , - . �; • to enforce the - • of such areas or features
of the Property that may . -. • .,. i tent' or use.
2. Except for /ihirk
- `- ti 1, race and monibring
activities, or surfaceiiii a ISM
by the Permit and all •
. !M� - crammed or
.
����,y i required
t� r..� y._ _.L or permitted
under paragraph three . the . • • . .,fi ` . in or on the Property;
a. Con ., r .• or placing of • • , • • • s, billboards or other
advertising, utilities,or other. . . on or above - • •;
b. Dumping or . ' • . r substance or material as landlil,
or dumping or placing of trash,waste,or une 7 V or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetardon, except
for the removal of exotic or nuisance vegetation In accordance with a District approved
maintenance plan;
d. Excavation, dredging, or removal of loan,peat, gravel,soil,rock,or
other material substance in such manner as to affect the surface; .
e. Surface use=apt for purposes that permit the land or water area to
remain in its natural condition;
mow mu we as.mom
MINM-F•1
A_.. . OR: 3801 PG: 2425
. 3 • . /0
f. Activities detrimental to drainage, flood control, water conservation,
erosion control, soli conservation, or fish and wildlife habitat preservation including, but
not limited to,ditching,dildng and fencing; •
g. Acts or uses detrimental to such aforementioned retention of lend or
water areas;
h. Acts or uses which are detrimental to the preservation of any
features or aspects of the Property having historical or archaeological significance.
3. Passive Recreational Facilities. Grantor reserves al rights as owner of the
Property, including the right to engage in uses of the Property that are not prohibited
herein and they are not inconsistent with any District or Collier County rule, criteria, the
Permit and the intent and purposes of this Conservation Easement. Notwithstanding the
foregoing, Grantor expressly reserves the right to conduct the following activities on the
Property and such uses are expressly approved by Grantees:
a. The Gra •• •• ', • • clearing for the purpose of
w '
�.�,, • and • •.� . pervious facilities as docks,
boardwalks walking trails.
b. The •• or.• se • the a, ► . • passive recreational
0.
i• , V... , to the fullest
eo�cterht
• impact to any buffer areas within the
Easements�. • materially diverting the
d r:.'r . natural surface r'n such area;
II. Sono , shall be constructed and
.� r47:'�.
maintained • '. ••;. ,1•� -. Practices;
iii. This conservation easement shall not constitute permit
authorization for the construction and operation of the passive
recreational facilities. Any such wort shall be subject to ati
applicable federal,state,District or local permitting requirements.
4. No right of access,by the general public to any portion of the Property Is
conveyed by this conservation easement.
5. Grantees dial not be responsible for any cosh or liebittles related to the
operation,upkeep or maintenance of the Property.
6. Grantor shalt pay any and all real property taxes and assessments levied by
competent authority on the Property.
wow WPM%WM MOM
e
L OR: 3801 PG: 2426
r)� s_:I i /!'.1
7. • Any costs incurred In enforcing,Judicially or otherwise,the terms,provisions
and reshrctions of this conservation easement shall be borne by and rsoovmable against
the nonprevaling party In such proceedings.
8. Enforcement of the terms, provisions and restrictions of this conservation
easement shall be at the reasonable discretion of Grantees, and any forbearance on
behalf of Grantees to excerdes their rights hereunder In the event of any breach hereof by
Grantor,shall not be deemed or construed to be a waiver of Grantees'rights hereunder.
9. Grantees will hold this conservation easement exclusively for conservation
purposes. Grantees will not assign their rights and obligations under this conservation
easement except to another organization qualified to hold such interests under the
applicable state laws.
10. If any provision of this conservation easement or the application thereof to
any person or circumstances is • •• . „. .• the remainder of the provisions of this
conservation easement shall • : • ,-.- r 1 ; as long as the purpose of the
Con easement is • -. AllplljhL
4101"
11. ' All notices, ,ii r. n hereunderbe in writing and shall • . ed shell
+�I��• :fie 17NtiQed rTl�,
return receipt requested . • •vs
!T:• , • • „12. This ►• , i Yi
„ _ _._ .
released or revoked
only by written : • - ALL;
eir heirs, assigns or
successors-in-interest, 1, all be flied in theh 7: .'In�Q
r 0.111sj County.
TO HAVE 'AND TO ' ti°'4r
conditions, restrictions and pu ••. ':'• I It.r. The ~'
' conservation easement shag be
binding upon Grantor, and shall continue as a servitude running in perpetuity with the
Property.
Grantor hereby covenants with said Grantees that Grantor is lawfully seised of
said Property in fee simple; that the Property is free and clear of all encumbrances that
are inconsistent with the tems of his conservation easement and a1 mortgages have
been Joined or subordinated; that Grantor has good right and lewfiul authority to
convey
this conservation easement; and that it hereby fullywarrants and defends the Wetobe
conservation easement hereby conveyed against the lawful claims of all persons
whomsoever.
MOM IONS Van OM•a110.IM
wwls.f
• io OR: 3801 PG: 2427
IN WITNESS WHEREOF, �Dr1�/1a.. Y k' 7 has hereunto set Its
authorized hand this / `y day of ��e hrp r� , 20
� Y AT"
Signed,sealed and delivered JVo/2/r'S /`.7+7it!//?l/ Ard--,e/v, c
in our presence as witnesses: A Flofida corporation
1 L, � � ._&4_ By: 1r'.- .
Riff- `!a cite E. 2,4ter Print Name: . , .
-_'..i.'44- •Arle4.- -11(
Title:�� ids 1 a
Print Name: Elm E ti M . Sc O en DT
STATE OF FLORIDA
)se:
COUNTY OF Cot-uE2 ,,VaR COU
On this I ' ��of F&. prz• , 2005 before me,
the undersigned notary pu• , - • s • . ►:_ Laths , personally
known to me to be the • �� ; * the . • • ng instrument and did not
fetes an Oath, as the •,j) '.. • +v`•Y10
ip
of
(corporation)MAP .. :� �! «.1. • .and acknowledged thatshe
mewed the same on . T'mr :1`.�,• . . 1 woes duty authorized to do
so.
,�
IN WITNESS WHER , hereunto set my f Q. official seal.
NOTARY PUBLIC, STATE OF FLO- • C
ektUre, .Nif4at• CHUM L IOUGHTON
Print Name: CN'I�IS rrr L. �5t�4f ttbrJ NOTnnrnaucarATICCILORs�
0:11100MoN NO.DDp17314
My CommissionC COMMON EXP.JUNR 26,2005
Expires: 3uNr Vol2io 2oe5
•
iMMF um Nr.4 ar o1M1
awl
} PG: 2428�
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
. c..r..r,;z.
,n
4'. :f.,,..ai f.
11LOC By: ' `�4- W.
• .: ,, p . <: FEED P1.CO'ILE, CHAT
▪ t+sfras,,tan's
s 'gpraturt'bir' ,
Approved as to form and
Legal sufficiency:
/ - . V,R COux
i ill , 1 i -11-i,,
PII. ar jorie- M. Student a►
Assistant County Attar -
r n PV l.J
o
T c1 '
• A
i : 10•. OR: 3801 PG: 2429
.--
I
4 ` r
li
�d
C
rw
c1 .ww..w in.c.r,
0.
I I I I I I
I i. I .
I I \A I
1
c i i i �i ''r
n 7),..f. „.,
.._... .__-_i ____
i • Tr
G9
4.
o i,J tilrg;°R '
CV gi
*I ]jj313]]2]: 3!:.! #Atdiltil
ilt:t 4 r.: = :..iiiglii / ell I r
jjjji3W gill'illiigillittlitil lifilA CI
t
{ V �q
III : :
jInBtllhiiItI.
1
�•...
:�.T•,¢t. .• 'Ity,,..'..�,.:•••J-•+ifs - {' ,' �*r-, ,-
•
•
•
• "' .-ag6 2 of 4 ,,;.�^ °4Ya..;,
LEGAL DESCRIPTION OF CONSERVATION EASEMENT"A" (•7..•i•.•+ "•i S<:••1 t A_
• Being a Part of Section 23.Collar County:Florida. ,I:4TI . 8 : ,,,f Q ..
Commencing at the North 1/4 corner of Section 23.Township 50 South.Range 25 East,Collier
County.Florida;
Thence South 00612151"East 49.97 feet to a point on the South right-of-way of Thomason Drive;
Thence along said South right-of-way line South 8016'30"West 1,222.48 feet;
Thence 78.46 feet along the arc of a circular curve concave southeast having a radius of 50.00
feet through central angle of 89'54'49"and being subtended by a chord which bears South
44'19'05"West 70.66 feet;
Thence along the East right-of-way line of Fern Street South.00•38'1 sr East 1,111.30 feet;
Thence leaving said right-of4vay line South 78'41'53"East 147.61 feet to the POINT OF
BEGINNING;
Thence 11.49 feet along the arc of a circular curve concave southwest having a radius of 065.34
e feet through central angle of 01'00'17"and being subtended by a chord which bears North
wise 30'51104"West 11.49 feet to a point of reverse curvature;
Thence 135.30 feet along the arc of a circular curve concave east.having a radius of 123.20 feet
through a central angle of 62'55'28'subtended by a chord which beers North 00'06'32'East
128.60 feet to a point of reverse curvature;
._.I Thence 207.40 feet along the arc of a -••. • •'. - e west,having a radius of 232.56 feet
+�! _A .
CO� through a centrel angle of 51.05'4'" . .. - , •`• fah bears North 06801120"East
eh 200.59 feet: ibit\ 1111
Thence North 47'54'58"Wes •. -• •
a Thence North 02'04'34"
Cr Thence North 16'54'30" - t 2 =I
Thence North 89'45'48"• t .
Thence South 78'05'49" • , r • ill -alp, Ipoi./ .,
Thence 114.57 feet along the i r��a,T�T�r*r', ..r southwest having a
radius of 64.41 feet • •4 • yy�r . .1:'4 _ , .. . • blended by a chord which
bears South 35'0T37"E e t.... . • •
Thence South 08'0225" :7.07 feet; 4.
Thence 287.61 feet along t -'a •• a non-tango ,, - • 1r concave south having a
radius of 240.11 feet through • angle of 68'3T50.. .!' . subtended by a chord which
bears South 78'24'59"West 2 ; 1v')
radius of 235.38 feet through a ce , .". i . (.,. • ' being subtended by a chord which
bears South 63'59'21"West 285.88 - . ,
Thence 196.14 feet along the arc of a non-tangential circular curve concave southeast having a
radius of 179.80 feet through a central angle of 62'3426"and being subtended by a chord which
bears South 52'48'01"West 188.54 feet;
Thence South 22'20'03"East 152.65 feet;
Thence South 83'06'40"West 266.48 feet to the POINT OF BEGINNING.
Containing 15.34 acres more or less.
Subject to easements and restrictions of record.
Bearings are based on the South right-of-way of Thomaseon Drive,being South 89'1810"West.
Certificate of authorization#LB-43.
WilsonMiller, Inc. .
Registered nginee and
yore • . .
rs
By • Data 1 ; 2 5 r•� -n
Thomas J. ,Professional Surveyor and Mapper#LS5804
Ref:4D-127 _
Not valid unless embossed with the Professional's seal. . • • ......•
Naples • Fort Myers • Sarasota • Tampa • Panama City leash • Tallahassee
O NH
3200 Ba eylane,Srdb200•Merge,fladdt 34105.239.649-4040 :-- 239 649-57f6 tg
www.w nlari:wn
WI/.onMIMu Inc.-FL Lic.I LC-0000I70 GI 43
•
.Exhibit•A . . . f .:x .'rz..':><: . '
Page 4 of 4 ---
• LEGAL DESCRIPTION OF CONSERVATION EASEMENT'C ••-.,:.., ..... . /�....
BMngPart of Lot 60 of Naples Grove And Truddng Company's Utils Fenn*N.O.2,Plet
Book 1, Page 27 of Collier County. Florida.
Commenting at the North 1/4 comer of Section 23,Township 50 South,Range 25 East,
Collier County, Florida;
Thence South 00'12151"East 49.97 feet to a point on the South right-of-way of
Thomason MVO;
Thence along said South right-of-way line North 89•4623"East 290.11 feet to the
.._41 POINT OF BEGINNING;Thence continue along said South right-of-way line North
ow89'48'23"East 449.02 feet;
sy Thence leaving said South right-of-way line South 12.30134"West 14.80 feet;
•• Thence South 42601'1 T West 125.62 feet;
2 Thence South 56.22'39"West 127.55 feet;
�, Thence North 89"44'36"West 123.
Thence North 791'04'54"West - y ,� CO�'7
c crs Thence North 1r35'3T W �' fr set; ' •
Thence North 39.24'53"W- ,l. .!7 feet to the POI`- • :EGINNING.
O1
Containing 1.30 acres • - •
Subject to easements a • ' • -,r►
Bearings are based on I - r , �� • -I`ii , 17�•n a being South
89'16'30"West. l�/ I. E,
Certificate of authorize i , , b. K. ,L4 .
-
'11
WAsonMAler, Inc. r 1 0 • '°:;_r'
Registered Engineers and -urveyors �� ;
. � C Date
Thomas J. rson, Prof-. . -• -nd Mapper#LS5804 ��
Ref,4D-127 -,• ..r.‘.
•
Not veld unless embossed with the Professional's seal.
Naples • Fart Myers • Sarasota • Tampa • Passers City teach • Tallahassee
3200 Bailey Lane,Suite 200•Naples,Florida 34105.239.849-4040'r 239-543 5716 X
www.wMpaparwYt:oan
I W/HonAtilbr•lnc.—FL[lc./LC-0000ITU CA 43
pyir
' •Exhibit•A J - y ,:,1."_,, k� :;. — 4.. .:r ' —••• 1,
•
• '. Page 3 v... r.. . I of 4 ,�•
LEGAL DESCRIPTION OF CONSERVATION EASEMENT"B".
Being Parts of Lots 62&63 of Naples Grove And Trucking Company's Little Fanns NO.
2 Plat Book 1. Page 27 of Collier County. Florida.
.. __/O l0.._
Commencing at the North 1/4 corner of Section 23,Township 50 South, Range 25 East,
Collier County, Florida .
Thence South 00°12'51"East 49.97 feet to a point on the South right-of-way of
Thomasson Drive;
ios Thence leaving said South right-of-way South 00'42'31"East 627.27 feet;Along the
it
North-South 1/4 Section Line of said Section 23.
N Thence leaving North-South 1/4 Section line of said Section 23,
' North 89'41'12"East 95.04 feet;
av Thence South 00'18'48"East 33.06 feet to the POINT OF BEGINNING;
6Thence North 89'40'40"East 136.63 feet;
a Thence South 83°08'15"East 113.26 feet
Thence South 21°16'10"West 18.3, : .,
c Thence 184.55 feet along the a r' . : I. '- .: *. i ••rcutar curve concave east having
co a radius of 339.02 feet thro • v -- I -I angle o * • "and beingsubtended bya
chord which bears South r : . West 182.28 fee ,
• o Thence 126:63 feet alo • . •n-ta •• : tial .. •• : curve concave northwest
having a radius of 80.02 -: I .•• - .:., _ -* le of • 9 • 57"and being subtended
it by a chord which bears .• Ir , . ' 1,_i` Thence 154.21 feet alo • , � . r. 1 r '1 : rve concave southeast
having a radius of 189. , , ),. • .' , an • . r'41"and being subtended
by a chord which bears :! I 48 t.9 :•. I
Thence South 45°56'32 t 41.26 feet;
Thence North 31°19'55" :". 5.17 feet; _ Q
Thence North 18'3T40" -' • 0 feet; G
Thence North 00'45'18"Wes 'r'A -,: • .\-
. Thence North 08613'09" East 1 : • . _ I, G�
Thence North 28'1T08"East 88.83 =•: : ,i-: - •INT OF BEGINNING.
Containing 1.98 acres more or less.
Subject to easements and restrictions of record.
Bearings are based on the South right-of-way of Thomasson Drive, being South
89`16'30"West.
Certificate of authorization#LB-43. ••
•
WilsonMiller, Inc. • . :. ,
Registered Engineers and nd Surveyors •
By: i _ Date (-12."p�j
Thomas J.An erson, Professional Surveyor and Mapper#.S5804 •
Ref: 4D-127 ,
Not valid unless embossed with the Professional's seal..
•
Maplas • Fort Myers • Sarasota • Tampa • Panama City Iaae* • Tailahasps•
3200 Bailey Lane,,Sulle 2W•Naples,Florida 34105.239-649-4040 Sir 239-643-5716(V
www.wilsoruniiior.com
Wl4OnM#irinc.—F1 llc./LC-0000170 CA 4J
DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY AS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 23;
THENCE S.00'32'06"E., FOR 50.04 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF THOMASSON
DRIVE; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE S.89'16'52"W., FOR 50.02 FEET;
THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE, S.00'43'08"E., FOR 10.00 FEET; THENCE
S.89'16'52"W., FOR 1,172.50 FEET PARALLEL TO SAID SOUTH RIGHT-OF-WAY LINE TO A POINT
ON A CURVE; THENCE SOUTHWESTERLY 62.68 FEET ALONG THE ARC OF A TANGENTIAL CURVE
TO THE LEFT HAVING A RADIUS OF 40.00 FEET THROUGH A CENTRAL ANGLE OF 89'46'49"
AND BEING SUBTENDED BY A CHORD WHICH BEARS S.44'15'23"W. FOR 56.46 FEET PARALLEL
TO THE EAST RIGHT-OF-WAY LINE OF HAMILTON AVENUE; THENCE S.00'37'54"E., PARALLEL TO
SAID EAST RIGHT-OF-WAY LINE FOR 1140.68 FEET; THENCE S.00'25'47"E., FOR 403.79 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE N.89'38'50"E., FOR 26.68 FEET;
THENCE S.53'14'56"E., FOR 32.81 FEET;
-- THENCE S.08'13'30"E., FOR 70.13 FEET;
THENCE 5.17'11'18"E., FOR 61.94 FEET;
THENCE S.15'1 1'14"E., FOR 117.54 FEET;
THENCE S.07'21'04"E., FOR 13.10 FEET;
.z: THENCE S.89'38'50"W., FOR 112.08 FEET;
THENCE N.00'21'10"W., FOR 275.17 FEET TO THE POINT OF BEGINNING OF THE PARCEL
DESCRIBED HEREIN;
• CONTAINING 21,316 SQUARE FEET OR 0.49 ACRES, MORE OR LESS.
I
I
8
it
MICHAEL A. WARD DATE
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. LS 5301
NOT VALID WITHOUT THE SIGNATURE AND THE
SEE SHEET 2 FOR ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SKETCH OF DESCRIPTION SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
A PARCEL OF LAND 6610 Willow Park Dr.,Suite 200
LYING IN IJIak Naples,Florida 34109
SECTION 23,TOWNSHIP 50 SOUTH, RANGE 25 EAST Phone(239)597-0575
Fax:(2391597 0576
COLLIER COUNTY, FLORIDA ENGINEERING LBNo.:6952
JOB NUMBER REVISION SECTION I TOWNSHIP RA'; . SCALE DATE DRAWN BY FILE NAME SHEET
200025.00.00-06 23 I 50 _I 25 _ =20 12/10/20_ WF _ 002 SD-4 _ 1 OF 2
NORM R/W — — — — .._ — —.
THOMASSON DRIVE — _ _ _
— — — (STATE ROAD 185B)
100' RIGHT-OF-WAY L3- ' 7
SOUTH R/W _ _ — _ _ _ —
/ — L4 C.
NORTH 1/4
CORNER OF
SECTION 23,
I TOWNSHIP 50 S.,
RANGE 25 E.
-03
tp
I I'
Z CURVE TABLE
I La�J I la.1-co CURVE 1 LENGTH RADIUS DELTA CHORD BEARING CHORD
< I' I C1 62.68' 40.00' 89'46'49" S44'15'23"W 58,46'
p of w.gs . N
i LINE TABLE
LINE. BEARING LENGTH
> I
1 (THE BOTANICAL GARDENS) Lt S00'32'OB"E 50.04'
I PARCEL NO. 00395560200 L2 S89'16'52"V/ 50.02' c'4
n L3 S00'43'08"E I 10.00'
0
'r L4 S89'16'S2"W 1172.50'
I w A
na r POB L5 NB9'38'50"E 26.68'
it
.i IS 1 / I L6 S53'14'56"E 32.81' W
i
1 I g g/ L7 S08'13'30"E 70.13'
1
f L8 S1r11'1s"E 61.94'
5 I I r I. L9 S15'11'14"E 117.54'
i I s
r L10 S0T21'04"E 13.10'
I I
, \,' L11 S89'38'50"W 112.08'
\ L12 NO0'21'10"W 275.17'
�\
R '\�\
\\\\
i 1\ \\ r
I L11 O ' 3Z 75 150
f 1"=150'
NOTES:
1. BEARINGS SHOWN HEREON ARE BASED ON THE PARALLEL LINE TO LEGEND
THE EAST R/W LINE OF• HAMILTON AVENUE TO BEAR SOO'37'54"E. • = CHANGE IN DIRECTION
OR = OFFICIAL RECORDS BOOK
PG = PAGE
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
SEE SHEET 1 FOR DESCRIPTION R/W RIGHT OF WAY
P
A PARCEL OF LAND Vi 8810 Willow Park Dr.,sate 200
LYING IN Napke,Florida 34109
Phone(238)597-0575
SECTION 23,TOWNSHIP 50 SOUTH, RANGE 25 EAST Fax:(239)597.0578
COLLIER COUNTY, FLORIDA ENGINEERING LB No.:5952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
200025.00.00.06 0 __ 23 50 _ 25 1"=150' 12/10/20 WF _ 002 SD-4 2 OF 2
DESCRIPTION / _Li
711
A PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY AS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 23;
THENCE S.00'32'06"E., FOR 50.04 FEET TO THE SOUTH RIGHT—OF—WAY LINE OF THOMASSON
DRIVE; THENCE ALONG SAID SOUTH RIGHT—OF—WAY LINE S.89'16'52"W., FOR 50.02 FEET;
THENCE LEAVING SAID SOUTH RIGHT—OF—WAY LINE, S.00'43'08"E., FOR 10.00 FEET; THENCE
S.89'16'52"W., FOR 1,172.50 FEET PARALLEL TO SAID SOUTH RIGHT—OF—WAY LINE TO A POINT
ON A CURVE; THENCE SOUTHWESTERLY 62.68 FEET ALONG THE ARC OF A TANGENTIAL CURVE
TO THE LEFT HAVING A RADIUS OF 40.00 FEET THROUGH A CENTRAL ANGLE OF 89'46'49"
AND BEING SUBTENDED BY A CHORD WHICH BEARS S.44'15'23"W. FOR 56.46 FEET PARALLEL
TO THE EAST RIGHT—OF—WAY LINE OF HAMILTON AVENUE; THENCE S.00'37'54"E., PARALLEL TO
SAID EAST RIGHT—OF—WAY LINE FOR 866.32 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL;
I'
51 THENCE N.60'55'29"E., FOR 31.81 FEET;
8
! THENCE N.77'15'06"E., FOR 28.05 FEET;
s THENCE N.88'57'56"E., FOR 19.48 FEET;
ITHENCE N.53'50'02"E., FOR 55.12 FEET;
I THENCE N.82'34'38"E., FOR 35.55 FEET TO A POINT ON A CURVE;
THENCE SOUTHERLY 52.21 FEET ALONG THE ARC OF A NON—TANGENTIAL CURVE TO THE RIGHT
I HAVING A RADIUS OF 232.56 FEET THROUGH A CENTRAL ANGLE OF 12'51 '45" AND BEING
SUBTENDED BY A CHORD WHICH BEARS S.11'55'25"E. FOR 52.10 FEET;
§ THENCE S.86'17'49"W., FOR 30.58 FEET;
8 THENCE S.62'33'13"W., FOR 73.04 FEET;
i THENCE S.75'10'06"W., FOR 71.71 FEET;
i THENCE N.00'37'54"W., FOR 45.85 FEET TO THE POINT OF BEGINNING OF THE PARCEL
DESCRIBED HEREIN;
8
CONTAINING 8,292 SQUARE FEET OR 0.19 ACRES, MORE OR LESS.
8
8
I
" PROFESSIONAL SURVEYORDDATE
AND MAPPER
FLORIDA CERTIFICATE NO. LS 5301
SEE SHEET 2 FOR NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
A SKETCH OF DESCRIPTION SURVEYOR AND MAPPER. THIS IS NOT A SURVEY
A PARCEL OF LAND 6610 Willow Park Dr.,Suite 200
LYING IN Naples,Florida 34109
JEW
SECTION 23,TOWNSHIP 50 SOUTH, RANGE 25 EAST Phone(239)
Fax:(239)597-057897-0578
COLLIER COUNTY, FLORIDA ENGINEERING
LBNo.:6952
JOB NUMBER REVISION SECTION TOWNSHIP RANG SCALE DATE DRAWN BY FILE NAME SHEET
200025.00.00-06 00 _ 23 50 25 _ 1"a20' 12/10/20 WF 002 SD 1 OF 2
— — — —
NORTH R/W
J — — THOMASSON DRIVE — ____ — — —
(STATE ROAD f 858)
100' RIGHT-OF-WAY L3 y �-i
_ SOUTH R/W — _ `�_\,_
— —
// `" — L4 ` — POC.
INORTH 1/4
CORNER OF
SECTION 23.
RANGEH25 TOWNSE. S.,
I I
I CURVE TABLE
``' I
I CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD
< i C1 62.88' 40.00' 189'46'49" S44'15'23"W 56.46'
o C2 52.21' 232.56' 12'51'45" N11'55'25"W 52.10'
I I ? 8 I
SE I I LINE TABLE
8 iv LINE BEARING I LENGTH
Rclig ,
L1 SO0'32'06"E 50.04' c4 c'�f•
I CD CD L2 S89'16'52"W 50.02' .72
I VI111010,
(THE BOTANICAL GARDENS) L3 SO0'43'08"E 10.00' '
I
I §2 PARCEL NO. 00395560200
L4 S89'16'52"W 1172.50' j IMO
Vf ►.
toLS S60'S5'29"W 31.81' e.C;! /1
1 1
ge
L6 S77'15'06"W 28.05'
I 1
L7 S88'57'56"W 19.48'
I I
.1 L8 S53'50'02"W 55.12'
I
I
1 ir P09 L9 S82'34'38"W 35.55'
/ L10 N86'17'49"E 30.58'
L11 i N62'33'13"E 73.04'
---- _
L9\ L12 N75'10'06"E 71.71'
I I 0 L7
.�\\\\\ N 0 L13 N00'37'54"W 45.85'
LA
S s 0.2
il
N
I 014140
NOTES: —
• 1. BEARINGS SHOWN HEREON ARE BASED ON THE PARALLEL LINE TO LEGEND
THE EAST R/W LINE OF HAMILTON AVENUE TO BEAR S00'37'54"E. • = CHANGE IN DIRECTION
OR = OFFICIAL RECORDS BOOK
PG = PAGE
POB = POINT OF BEGINNING
POC — POINT OF COMMENCEMENT
R/W = RIGHT OF WAY
SEE SH FOR C' 3CCRIPTION
A PARCEL OF LAND 8810 Willow Park Dr.,Suite 200
LYING IN Naples,Florida 34109
SECTION 23,TOWNSHIP 50 SOUTH, RANGE 25 EAST Fax:(239)597-0578
COLLIER COUNTY,FLORIDARmIWI Phone(239)597-0575
N0 8952
ENGINEERING
JOB NUMBER REVISION SECTION I TO RANGE SCALE DATE DRAWN BY FILE NAME SHEET
200025.00.00.06_ 0 _ 23 50 _ 25 1"-150' 12/10/20 WF _ 002 SD 2 OF 2
DESCRIPTION 3 u' ^�-
A PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY AS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 23;
THENCE S.00'32'06"E., FOR 50.04 FEET TO THE SOUTH RIGHT—OF—WAY LINE OF THOMASSON
DRIVE; THENCE ALONG SAID SOUTH RIGHT—OF—WAY LINE 5.89'16'52"W., FOR 50.02 FEET;
THENCE LEAVING SAID SOUTH RIGHT—OF—WAY LINE, S.00'43'08"E., FOR 10.00 FEET; THENCE
S.89'16'52"W., FOR 1,172.50 FEET PARALLEL TO SAID SOUTH RIGHT—OF—WAY LINE TO A POINT
ON A CURVE; THENCE SOUTHWESTERLY 62.68 FEET ALONG THE ARC OF A TANGENTIAL CURVE
TO THE LEFT HAVING A RADIUS OF 40.00 FEET THROUGH A CENTRAL ANGLE OF 89'46'49"
AND BEING SUBTENDED BY A CHORD WHICH BEARS S.44'15'23"W. FOR 56.46 FEET PARALLEL
TO THE EAST RIGHT—OF—WAY LINE OF HAMILTON AVENUE; THENCE S.00'37'54"E., PARALLEL TO
SAID EAST RIGHT—OF—WAY LINE FOR 1140.68 FEET; THENCE N.89'59'48"E., FOR 134.43 FEET
i TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE N.83'06'40"E., FOR 266.48 FEET;
i THENCE S.02'12'24"E., FOR 49.16 FEET;
8 s THENCE S.83'06'40"W., FOR 262.47 FEET;
THENCE N.06'53'20"W., FOR 49.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL
DESCRIBED HEREIN;
I
1" CONTAINING 12,959 SQUARE FEET OR 0.30 ACRES, MORE OR LESS.
I
i
8
B
I
i
4
i
8
8
1
N
t
o MICHAEL A. WARD DATE
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. LS 5301
SEE SHEET 2 FOR NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
A SKETCH OF DESCRIPTION SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
A PARCEL OF LAND 6610 Willow Park Or.,Suite 200
LYING IN Naples,Florida 34109
SECTION 23,TOWNSHIP 50 SOUTH, RANGE 25 EAST Phone(239)597-0575
Fax:(239)597-0578
COLLIER COUNTY, FLORIDA 9 i 1& LBNo.:6952
ENGINEERING
JOB NUMBER 1 REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN P. FILE NAME SHEET
200025.00.00-06 00 I
23 _ 50 _ 25 _ 1".20' 12/10/20 _ WF _ 002 SD-3 _ 1 OF 2
NORTH R/W - _ — — — — _ _
_ — _ THQMASSON DRIVE _ — — —
(STATE ROAD / 858)
100' RIGHT-OF-WAY ..,
SOUTH RfW -
L4
I POC.
6;\
NORTH 1/4
CORNER OF
SECTION 23.
I TOWNSHIP 50 S.,
RAKE 25 E.
I I
I r CURVE TABLE
,� I a CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD
I Qg"`i Cl 62.68' 40.00' 89'46'49" S44'15'23"W 56.46'
wagz
f I2 `g l
I I LINE TABLE
irr
g LINE BEARING LENGTH .a
$V L1 SO0'32'06"E 50.04'
gg
W m L2 I S89'16'52"W 50.02' %.:
II
I i 6 L3 S00'43'08"E 10.00' -' . ..x
I.92 (THE BOTANICAL GARDENS) + 4
I •
I 1 ig PARCEL NO. 00395560200 L4 S89'16'52"W 1172.50'
Li l L5 N89'59'48"E 134.43'
rr L6 N83'06'40"E 266.48'
Ii 1 L7 S02'12'24"E 49.14'
I I I L8 S83'06'40"W ' 262.47'
I L9 NO6'53'20"W 49.00'
-FOB
I
iH1
L6 ,\\\\\�N.
0 37.5 75 150
r
1"s 150•
NOTES:
1. BEARINGS SHOWN HEREON ARE BASED ON THE PARALLEL LINE TO LEGEND
Til THE EAST R/W LINE OF HAMILTON AVENUE TO BEAR S00'37'54"E. • = CHANGE IN DIRECTION
1 OR = OFFICIAL RECORDS BOOK
PG = PAGE
. FOB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
I SEE SHEET 1 FOR DESCRIPTION R/w = RIGHT OF WAY
A PARCEL OF LAND 8810 Witow Park Dr„Suns 200
LYING IN Illarakti Naples,Florida 34109
Phone(289)597-0575
SECTION 23,TOWNSHIP 50 SOUTH, RANGE 25 EAST Fax:(239)597 o57e
COLLIER COUNTY;FLORIDA Ls No.:s952
ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
200025.00.00.06_ 0 23 50 _ 25 _ 1"-150' 12/10/20 _ WF __ 002 SD-3 2 OF 2