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Eden Garden 1685 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 ~ the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceotion of the Chairman's signature, draw a line throul!il routinl! lines #1 throul!h #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinl! order) 1. Sue Filson, Executive Manager Board of County Commissioners 2. Minutes and Records Clerk of Court's Office 3. 4. PRIMARY CONTACT INFORMATION (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 information. 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 Claudia Piotrowicz Contact Agenda Date Item was 6/22/04 A roved b the BCC Type of Document Attached Phone Number Agenda Item Number conservati~t Number of Original Documents Attached 239-213-5882 16B5 1 Yes (Initial) X N/ A (Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. 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 ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip 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! The document was approved by the BCC on (enter date) and aU 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. X X 1: Formsl County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. 1685 THIS INSTRUMENT PREPARED BY & RETURN TO: NAME: F. VERNON BENNETT ADDRESS: 390 NORTH ORANGE AVENUE SUITE 1400 ORLANDO, FL 32801 PARCEL # I.D. SPACE ABOVE TillS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this 22nd day of February 2007, by Eden Gardens II, LLC, a Florida limited liability company, whose address is 19308 SW 380th Street, Florida City, FL 33034 ("Grantor") 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 reqUITIng 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 described in the attached Composite Exhibit "B" (the "Easement Property"). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Grantor their successors, heirs, assigns and/or transferees, hereby grants a non- exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or 1 ORL 1\REALEST\728727.2 32054/0011 FVB dxr 218/2007 12:09 PM 1685 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. 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 ofthe Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement Property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 2 ORL 1\REALEST\728727.2 32054/0011 FVB dxr 2/8/2007 12:09 PM 1685 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: EDEN GARDENS II, LLC, a Florida limited liability company . Name:~. "'<.. -tt Print Name: a,LA1~.v LClf ", i';4 3 ORL 1\REALEST\728727.2 32054/0011 FVB dxr 2/8/2007 12:09 PM 1685 STATE OF FLOlYDA COUNTY OF ,rr/I//II),. /)1PE The foregoing instrument was acknowledged before me this >>,I,/cI day of February, 2007, by Steven Kirk, as President of Eden Gardens II, LLC, a Florida limited liability company on behalf of t~ company. He/she are personally known to me or have produ~--- .... ..... .f.-..'') ;f as identification. C~ljw' L / Notary Public My Commission Expires: ~~:'l : ~~. ... tVl.... i I. ~DFfI,~ .....IlIu(lDO)a2.4a: ~III".,.. PIartdIi : .........................~(.=;.~.i 4 ORL 1\REALEST\728727.2 32054/0011 FVB dxr 2/8/200712:09 PM Acceptance by Grantee: ATTEST: DWIGHT E. BROCK, Clerk Hff7:" - . .' ."'~:- ,:~' .".-:.,~ ~. ,""':By: . ...... >. ' Deput~ Clirk :::---\"'- ,",-; --'>; ,/ ,At~S:~I~.t9; Chi fnaan I 'i 1 gIlatur.On 1 . .... ~. ~\ . ~ . Approved as to form and legal sufficiency: By: J f. right A . tant County Attorney 16 B 5f "~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~I/H J.AMi!S COLETTA, CHAIRMAN 5 OR: 4157 PG: 1893 For Recording Purposes Only 1685 EXHIBIT "A" LEGAL DESCRIPTION A tract of land lying within the Northeast one-quarter of Section 31, Township 46 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Commencing at the Northwest corner of said Northeast one-quarter, thence South 01018'44" east, along the West line thereof, 440.04 feet, to the South line of the North 440.00 feet of said Northeast one-quarter, and to the point of beginning of the land herein described: Thence continue South 01018'44" East, along said West line of the Northeast one-quarter, 422.98 feet, to the North line of the South 440.00 feet, of the North one-half, of said Northeast one-quarter; Thence South 89055'02" East, along said North line, 1636.41 feet; Thence North 89029'13" East, 338.42 feet, to the West line, of the East one-half, of the Northeast one-quarter, of the Northeast one-quarter, of said Section 31; Thence North 01001'29" West, along said West line, 439.97 feet, to the South line, of the North 440.00 feet, of the Northeast one-quarter, of said Section 31; Thence South 89029'13" West, along said South line, 1976.72 feet, to the point of beginning. LESS the following described: A tract of land lying within the Northeast one-quarter of Section 31, lownship 46 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Commencing at the Northwest corner of said Northeast one-quarter, thence South 01018'44" East, along the West line thereof, 440.04 feet, to the South line of the North 440.00 feet of said Northeast one-quarter; thence North 89029'13" East, along said South line, 1325.64 feet, to the Point of Beginning of the land herein described: Thence continue North 89029'13" East, along said South line, 651.08 feet, to the West line, of the East one-half, of the Northeast one-quarter, of the Northeast one-quarter, of said Section 31; Thence South 01001'29" East, along said West line, 439.97 feet; Thence South 89029'13" West 338.42 feet, to the North line of the South 440.00 feet, of the North one-half, of said Northeast one-quarter; Thence North 89055'02" West, along said North line, 563.90 feet; Thence North 00057'21" East, 52.13 feet; Thence North 22013'58" West, 58.81 feet; Thence North 26014'31" West, 46.63 feet; Thence North 38053'14" West, 50.35 feet; Thence North 59001'49" West, 2.34 feet; Thence East, 219.00 feet; Thence South, 18.33 feet; Thence North 89029'02" East, 100.00 feet; Thence North, 264.94 feet, to the Point of Beginning. (Cont'd on next page) L'U--:l:5!i__A Page ___, of :J. Pagers) 3 ORL 1 IREALEST\832995.2 32054/0041 FVB dxr 12/5/2006 2:53 PM 1685 *** OR: 4157 PG: 1894 *** For Recording Purposes Only (EXHIBIT "A" CONT'D) LEGAL DESCRIPTION (phase Three Development) Together With: A TRACT OF LAND LYING WITHIN THE NORTHEAST ONE-QUARTER OF SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST ONE- QUARTER, THENCE SOUTH 01018'44" EAST, ALONG THE WEST LINE THEREOF, 440.04 FEET, TO THE SOUTH LINE OF THE NORTH 440.00 FEET OF SAID NORTHEAST ONE- QUARTER; THENCE NORTH 89029'13" EAST, ALONG SAID SOUTH LINE, 1976.72 FEET, TO THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31; THENCE SOUTH 01001 '29" WEST, 158.58 FEET, ALONG SAID WEST LINE TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT: THENCE SOUTH 89027'14" WEST, 497.70 FEET; THENCE SOUTH 00058'20" EAST, 279.44 FEET, TO THE NORTH LINE OF THE SOUTH 440.00 FEET OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 31; THENCE SOUTH 890~5'02" EAST, ALONG SAID NORTH LINE, 159.56 FEET; THENCE NORTH 89029'13" EAST, LEAVING SAID NORTH LINE, 338.42 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31; THENCE NORTH 01001 '29" WEST, ALONG SAID WEST LINE, 281.39 FEET, TO THE POINT OF BEGINNING. SAID TRACT CONTAINING 3.21 ACRES EXHIBIT Page ~ of ~ Pa.ltl) A 4 ORL 1\REALEST\832995.2 32054/0041 FVB dxr 12/512006 2:53 PM 1685 Consul'lech Surveying &- Mapping, Inc. Coneu1tln9 Engineers Land Planner. Land SUrve)'O"l 24831 Old 41 Rood Bonita Springs. n. 34135 Phone (239) 947-0266 rail (239) 947-1323 CERTIFICATE Of' AUTHQKllAnON ILBf121 -- LEGAL DESCRIPTION AND SKETCH - NOT A BOUNDARY SURVEY ~ _ WE~TCLOCK STREET _ %" ~ POINT OF COMIIENCFIIFNT NORTHWEST CORNER OF THE NORTHEAST 1/4. Of SECTION JI-46-29 ~I :1 I I;; o I; I J;I ... ~I ~ I I GRAPHIC SCALE ~ (lHPRr) 1 IDoh - eo It. :r .... :> &l I ~l" o ... z . io r ;; III 2.46 ACRES. . r~. 1 . POINT or BEGINNING THE SOUTH UNE. OF THE NORTH 440'. ~THF NF !ft.O':...!!.CT~.l1~_'!l 589'29 lJ W 119.77 io '" ,.; ... - z ... :; ~ F' U ~ ... ...... r- Ut LINE TABLE UN[ BEARING LENOlH L1 L2 589'55'02"E 4 ' l4 N4 4 . L5 4' 4 . 7' CONSUL- TECH SURVEYING '" IIAPPINC. INC. SHEET ONE OF' TWO SEE SHEET TWO FOR DESCRIPTION owe # EDEN../EASEaAENT-PRESERVE ~A Cttr---- 4/25/06 R'(;.,Flr::I BILLS PSIA 46\18 O^ Tt EXHIBIT A EXHIBIT Page . } A of ;J.. Pase(s~ 7 6 o. ... l).C .,.1,/,. Ii' ""-/f ,1;,,:,'(;;1 Consul'Iech Surveying &- Mopping, Inc. Consulting Engineers Land Planners Land Surveyors 24831 Old 41 Rood BonIto Springs, Fl. 34135 Phone (239) 947-0266 fox (239) 947-1323 (;l~IIHCAll O~ AUIHOHIZAIION ILlilIl;l1 .....-- LEGAL DESCRIPTION AND SKETCH - NOT A BOUNDARY SURVEY LEGAL DESCRIPTION A TRACT Ot LAND LYING WITHIN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE-QUARTER, OF" SAID SECTION 31; THENCE SOUTH 01'18'44" EAST, ALONG THE WEST LINE OF SAID NORTHEAST ONE-QUARTER, 445.04 FEET, TO THE POINT OF BEGINNING OF THE LAND HEREIN DESCRIBED: THENCE CONTINUE SOUTH 01,,8'44" EAST, 417.98 FEET, TO THE NORTH LINE OF THE SOUTH 440 FEET, OF THE NORTH ONE-HALF, OF SAID NORTHEAST ONE-QUARTER; THENCE SOUTH 89'55'02" EAST, ALONG SAID NORTH LINE, 234.52 FFFT: THENCE NORTH 33'55'38" EAST, 28.36 FEET; THENCE NORTH 39'53'42" EAST, 42.32 FEET; THENCE NORTH 48'48'10" EAST, 54.60 FEET; THENCE NORTH 42'06'58" CAST, 33.46 reeT; THENCE NORTH 02'04'49" WEST, 35.07 FEET; THENCE NORTH 40'38'25" WEST, 352.45 FEET; THENCE SOUTH 89'29'13" WEST, 119.77 FEET, TO THE POINT OF BEGINNING. CONTAINING 2.46 ACRES. SHEET TWO OF TWO SEE SHEET ONE rOR SKETCH UW(; # EOEr~../E"Sf"'ENT-PIlESEIlVf: EXHIBIT A Page ~ of ~ Page(s) 1685 Consul'lech Surveying & Mopping, Inc. Conwltlng Engineers Land Planner. Land SUrveyors 24831 Old 41 Road BonIta Springe, R. 34135 Phon. (239) 947-0266 rail (239) 947-1323 CERTIFICATE IX AUlHOKllAlION I\.BI1Z1 -- LEGAL DESCRIPTION AND SKETCH - NOT A BOUNDARY SURVEY K. - WE~TCLOCK STREET - %" ~ POINT Of COMIIENCfllfNl NORTHWEST CORNER OF THE NORTHEAST 1/4, OF ~ I SECllON 31-45-29 :1 I I~ o I; I GRAPHIC SCALE ~ ~I ... ~I ~ I I (lNrD:l') 1 Inob - 80 It. :r .... ::l :il I ~,.. o . z ... ~ o III 2.46 ACRES' . r~. i . POINT or BEGINNING THE SOUTH UNE. OF THE NORTH 440'. ~TH~ ~Ol'~r.~."~-'Il 589'2913 W 119.77 1rl '" ,.; ~~ :; z o r:: o 111 . "' ~ UNE TA8lE UN[ BEARING LENClH L1 l2 589'55'02"[ l4 L5 CONSUL- TECH SURVEYING '" lIAPPING. INC. SHEET ONE OF TWO SEE SHEET TWO FOR DESCRIPTION DWG # EOEN../EASEWENT-PR[SERIIE i' A Ctlr--- 4/25/06 R~ BillS PSIA 4611B O^ TE EXHIBIT Page J. of ~ Page(s) 1685 Consul'lech Surveying &- Mopping, Inc. Consulting Engineers Land Plonners Land Surveyors 24831 Old 41 Rood Bonito Springs, Fl. 34135 Phone (239) 947-0266 fax (239) 947-1323 Cl:.KllflCAIl:. Of AUIH()f{I,lAIION ,Ll:l/l;/l --- LEGAL DESCRIPTION AND SKETCH - NOT A BOUNDARY SURVEY LEGAL DESCRIPTION A TRACT OF LAND LYING WITHIN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE:-OUARTE:R, or SAID SECTION 31; THENCE SOUTH 01'18'44" EAST, ALONG THE WEST LINE OF SAID NORTHEAST ONE-QUARTER, 445.04 FEET, TO THE POINT OF BEGINNING OF THE LAND HEREIN DESCRIBED: THENCE CONTINUE SOUTH 01'18'44" EAST, 417,98 FEET, TO THE NORTH LINE OF THE SOUTH 440 FEET, OF THE NORTH ONE-HALF, OF SAID NORTHEAST ONE-QUARTER; THENCE SOUTH 89'55'02" EAST, ALONG SAID NORTH LINE, 234.52 FFFT: THENCE NORTH 33'55'38" EAST, 28.36 FEET; THENCE NORTH 39'53'42" EAST, 42.32 FEET; THENCE NORTH 48'48'10" EAST, 54.60 FEET; THENCE NORTH 42'06'58" CAST, 33.46 reCTo THENCE NORTH 02'04'49" WEST, 35.07 FEET; THENCE NORTH 40'38'25" WEST, 352.45 FEET; THENCE SOUTH 89'29'1.3" WEST, 119.77 FEET, TO THE POINT OF BEGINNING. CONTAINING 2.46 ACRES. SHEET TWO Of TWO SEE SHEET ONE fOR SKETCH lJW(; II EOEN../EA3EIIIENT-P"ESE"VE EXHIBIT B Page ;;l, of:it g!:ll......I..\ Prepared By and Return To: 1 6B5 3949053 OR: 4157 PG: 1891 RECORDED in OPFICIAL RBCORDS of COLLIER COUNTY, FL 12{20/2006 at 02:04PM DWIGHT E. BROCK, CLERK CONS 240000,00 RBC FiB 35,50 DOC-.70 1680.00 /l r ....... '\ ,) . f \/ ~; \ ;..' v F. Vernon Bennett Broad and Cassel NationsBank Center P.O. Box 4961 Orlando, Florida 32802-4961 Retn: PIRST AMBRICAN TITLE 2233 LBI RD #101 WINTBR PARK FL 32789 For Recording Purposes Only SPECIAL WARRANTY DEED .fh THIS SPECIAL WARRANTY DEED, made and executed this /5 day of December, 2006, by BENEFICIAL INVESTMENTS, LLC, an Ohio limited liability company, whose mailing address is 6455 Gateway Avenue, Suite A, Sarasota, Florida 34231 ("Grantor") to EDEN GARDENS II, LLC, a Florida limited liability company, whose mailing address is 19308 SW 380th Street, Florida City, FL 33034 ("Grantee") and whose tax identification number is 204732901. WITNESSETH: THAT Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain real property located in Collier County, Florida ("Property"), which is more particularly described as follows: See Legal Description attached as Exhibit "A" Parcel Identification Number: 00072160004 TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND Grantor hereby covenants with said Grantee that they are lawfully seized of said land in fee simple; that they have good right and lawful authority to sell and convey said land; that they hereby warrant the title to said land and will defend the same against the lawful claims of all persons claiming by or through the Grantor; and that the Property is free of all encumbrances, except taxes accruing subsequent to December 31, 2005, and mortgages, easements and restrictions of record, if any. 1 ORL 1\REALESTI832995.2 3205410041 FV8 d", 12/512006 2:53 PM 1685 OR: 4157 PG: 1892 For Recording Purposes Only IN WITNESS WHEREOF, Grantor has executed and delivered this instrument the day and year first above written. Signed, sealed and delivered In the presence 0 BENEFICIAL INVESTMENTS, LLC, an Ohio limited lia .. company %~5'Vt t\~Ni Print Name: 'b'na.,o n. {..."\~..~ By: Name: onald W. Paxton Date: Manager \a..t\5 \~l9. STATE OF FLORIDA COUNTY OF ~ASdTA; The foregoing instrument was acknowledged before me this \i[)--vn 2006, by Donald W. Paxton, as Manager of Beneficial Investments L Ohio limited liability company on behalf of the company. He/she are ersonally known to me r have produced as identi cation. ~ th-m..t. otary Public My Commission Expires: \ \ \ O~ t 8-0 \0 ~ AMANDA HAZEL ~'-~'if. MY COMMISSION #00613155 EXPIRES: Novoa, 2010 Bonded through 1 sl Slale Insurance 2 ORL 1\REALEST\832995.2 32054/0041 FVB dxr 12/5/20062:53 PM 1685 SITE VISIT REPORT PROJECT NAME: Eden Garden CONDUCTED BY: Claudia Piotrowicz DATE OF SITE VISIT: 7/20/07 FINDINGS: The preserve area is free and clear of buildings, structures, power lines, fences, dikes, garbage, offensive material, abandoned vehicles, petroleum products and any other contamination. The site shows no signs of dredging or removal of soil. The northern part of the preserve has been cleared to recreate this portion of the preserve the applicant has to apply for a SDPI and provide a planting plan to be reviewed by the Environmental Services Department. It is recommended that the area to be recreated shall be planted with gopher tortoises' foraging species, since three gopher tortoises were relocated into the preserve area. Exotic vegetation has to be removed from the preserve by hand and the vegetation shall be appropriately managed, by hand, to provide adequate habitat.