Oaks Park-SFWMD DEED OF CONSERVATION EASEMENT
STANDARD
Return recorded document to:
Collier County Minutes& Records INSTR 4924802 OR 4992 PG 3587
3299 Tamiami Trail E., 4th Floor RECORDED 12/17/2013 8:38 AM PAGES 11
Naples, FL 34112 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
DOC @.70$0.70 REC$95.00
THIS DEED OF CONSERVATION EASEMENT is given this 1 0Th day of December, 2013, by Collier County,
a political subdivision of the State of Florida, ("Grantor") whose mailing address is c/o 3335 Tamiami Trail East,
Suite 101, Naples, FL 34112 to the South Florida Water Management District ("Grantee"). As used herein, the
term "Grantor" shall include any and all successors or assigns of the Grantor, and all subsequent owners of the
"Conservation Easement Area" (as hereinafter defined) and the term "Grantee" shall include any successor or
assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the fee simple owner of certain lands situated in Collier County, Florida, and
more specifically described on the location map in Exhibit "A" attached hereto and incorporated herein
("Property"); and
WHEREAS, Permit No. 11-02737-P ("Permit") and any modifications thereto issued by the Grantee auThorizes
certain activities which could affect wetlands or other surface waters in or of the State of Florida; and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit or other good and valuable
consideration provided to Grantor, is agreeable to granting and securing to the Grantee a perpetual
Conservation Easement as defined in Section 704.06, Florida Statutes (F.S.), over the area of the Property
described on Exhibit "B" ("Conservation Easement Area"); and
WHEREAS, Grantor grants this Conservation Easement as a condition of the Permit, solely to off-set or
prevent adverse impacts to natural resources, fish and wildlife, and wetland functions; and
WHEREAS, Grantor desires to preserve the Conservation Easement Area in perpetuity in its natural
condition, or, in accordance with the Permit, in an enhanced, restored, or created condition; and
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 provided to the Grantor, the adequacy and receipt of which are hereby acknowledged,
Grantor hereby voluntarily grants, creates, conveys, and establishes a perpetual Conservation Easement for
and in favor of the Grantee upon the area of the Property described on Exhibit "B" 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. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and
made a part of this Conservation Easement.
2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in their existing,
natural, vegetative, hydrologic, scenic, open or wooded condition and to retain such areas as suitable habitat
Form 62-330.301(8)—Deed of Conservation Easement—Standard
Incorporated by reference in paragraph 62-330.301(6)(a), F.A.C. (October 1, 2013)
for fish, plants or wildlife in accordance with Section 704.06, F.S. Those wetland and upland areas included in
this Conservation Easement which are to be preserved, enhanced, restored, or created pursuant to the Permit
(or any modification thereto) and any Management Plan attached hereto as Exhibit "C" ("Management
Plan") which has been approved in writing by the Grantee, shall be retained and maintained in the preserved,
enhanced, restored, or created condition required by the Permit (or any modification thereto).
To carry out this purpose, the following rights are conveyed to Grantee by this easement:
a. To enter upon the Conservation Easement Area at reasonable times with any necessary equipment
or vehicles to inspect, determine compliance with the covenants and prohibitions contained in this easement,
and to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet
enjoyment of the Conservation Easement Area by Grantor at the time of such entry; and
b. To proceed at law or in equity to enforce the provision of this Conservation Easement and the
covenants set forth herein, to prevent the occurrence of any of the prohibited activities set forth herein, and to
require the restoration of such areas or features of the Conservation Easement Area that may be damaged by
any activity or use that is inconsistent with this Conservation Easement.
3. Prohibited Uses. Except for activities that are permitted or required by the Permit (or any modification
thereto) (which may include restoration, creation, enhancement, maintenance, and monitoring activities, or
surface water management improvements) or other activities described herein or in the Management Plan (if
any), any activity on or use of the Conservation Easement Area inconsistent with the purpose of this
Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following activities
are expressly prohibited in or on the Conservation Easement Area:
a. Construction or placing of buildings, roads, signs, 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. Removing, destroying or trimming trees,shrubs, or other vegetation, except:
i. The removal of dead trees and shrubs or leaning trees that could cause damage
property is authorized;
ii. The destruction and removal of noxious, nuisance or exotic invasive plant species as
listed on the most recent Florida Exotic Pest Plant Council's List of Invasive Species is
authorized;
iii. Activities authorized by the Permit or described in the Management Plan or otherwise
approved in writing by the Grantee are authorized; and
iv. Activities conducted in accordance with a wildfire mitigation plan developed with the
Florida Forest Service that has been approved in writing by the Grantee are authorized.
No later than thirty (30) days before commencing any activities to implement the
approved wildfire mitigation plan, Grantor shall notify the Grantee in writing of its intent
to commence such activities. All such activities may only be completed during the time
period for which the Grantee approved the 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, restored,
enhanced, or created condition;
Form 62-330.301(8)—Deed of Conservation Easement—Standard
Incorporated by reference in paragraph 62-330.301(6)(a), F.A.C. (October 1, 2013)
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, clearing, and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or water areas; and
h. Acts or uses which are detrimental to the preservation of the structural integrity or physical
appearance of sites or properties having historical, archaeological, or cultural significance.
4. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Conservation Easement Area, including
the right to engage or to permit or invite others to engage in all uses of the Conservation Easement Area that
are not prohibited herein and which are not inconsistent with the Permit (or any modification thereto),
Management Plan, or the intent and purposes of this Conservation Easement.
5. No Dedication. No right of access by the general public to any portion of the Conservation Easement Area
is conveyed by this Conservation Easement.
6. Grantee's Liability. Grantee's liability is limited as provided in Subsection 704.06(10) and Section 768.28, F.S.
Additionally, Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or
maintenance of the Conservation Easement Area.
7. Enforcement. 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. Grantee shall not be obligated to Grantor, or to any other person or entity, to
enforce the provisions of this Conservation Easement.
8. Taxes. When perpetual maintenance is required by the Permit, Grantor shall pay before delinquency any
and all taxes, assessments, fees, and charges of whatever description levied on or assessed by competent
authority on the Conservation Easement Area, and shall furnish the Grantee with satisfactory evidence of
payment upon request.
9. Assignment. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee
will not assign its rights and obligations under this Conservation Easement except to another organization or
entity qualified to hold such interests under the applicable state laws.
10. Severability. If any provision of this Conservation Easement or the application thereof to any person oa
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. Terms and Restrictions. 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 Conservation
Easement.
12. Written Notice. 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.
13. Modifications. 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.
14. Recordation. Grantor shall record this Conservation Easement in timely fashion in the Official Records of
Collier County, Florida, and shall rerecord it at any time Grantee may require to preserve its rights. Grantor shall
Form 62-330.301(8)—Deed of Conservation Easement—Standard
Incorporated by reference in paragraph 62-330.301(6)(a), F.A.C. (October 1, 2013)
CA
pay all recording costs and taxes necessary to record this Conservation Easement in the public records.
Grantor will hold Grantee harmless from any recording costs or taxes necessary to record this Conservation
Easement in the public records.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and
purposes imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a
servitude running in perpetuity with the Conservation Easement Area.
Grantor hereby covenants with Grantee that Grantor is lawfully seized of said Conservation
Easement Area in fee simple; that the Conservation Easement Area is free and clear of all encumbrances that
are inconsistent with the terms of this Conservation Easement; all mortgages and liens on the Conservation
Easement Area, if any, have been subordinated to this Conservation Easement; that Grantor has good right
and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends
record title to the Conservation Easement Area hereby conveyed against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, Collier County (Grantor) has hereunto set its authorized hand this IO day of
December, 2013.
rr
ATTEST: '? - t BOARD OF COUNTY COM STONERS
DW HT E. RO f rK t . 4 COLLI '' 4 OUN , F •RID•
�`►' i ` BY:
ti 'ir' gi r I q., Chairwoman
Attest as' 0 t, . ,,,, Clerk Geor i�.
signature only:
Approved as to form and legality:
JEA , FE A, gE_ L ?E ' '
Assistant County At rney
>►3
►
This Conveyance Approved By
The Board Of County
Commissioners
Collier County Florida,
Pursua t o Agenda
Date:la jnj�3 -Item No: lbba3
Form 62-330.301(8)—Deed of Conservation Easement—Standard
Incorporated by reference in paragraph 62-330.301(6)(a), F.A.C. (October 1, 2013)
CA
EXHIBIT A
PROPERTY LOCATION MAP
OAKES NEIGHBORHOOD PARK located at 1981 Oakes Blvd., Naples, FL 34117
east of 1-75, north of Vanderbilt Beach Road and south of Immokalee Road
The Property is 5.22 acres +1-of which 3.2 acres+1- • set aside
for preserve. The neighborhood park which includes a
small playground, park area and pathway is located on the west side of the Property.
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Folio Number: 41930520004
Legal Description: GOLDEN GATE EST UNIT 97 TR 10 OR 1257 PG 794-803
Form 62-330.301(8)—Deed of Conserve lion Easement—St indard
Incorporated by reference in paragraph 2-330.301(6)(a), F. a.C. (October 1, 2013)
PORTELLA & ASSOCIATES, LLC
Land Surveyors
Dennis M. Portella, Sr. PLS PHONE:239-775-6511 MAILING ADDRESS:
FAX: 239-775-6465 2384 Linwood Avenue
Email: Dportella@aol.com Naples, Florida, 34112
March 23, 2007
DESCRIPTION OF "PRESERVE AT OAKES PARK" BEING IN TRACT 10, GOLDEN
GATE ESTATES UNIT NO. 97.
A PARCEL OF LAND LYING AND BEING IN TRACT 10, GOLDEN GATE ESTATES
UNIT NO. 97, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
7, PAGES 95 AND 96 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT ON THE WEST RIGHT-OF-WAY LINE OF OAKES
BOULEVARD (100' RNV) AND THE SOUTH LINE OF TRACT 10, GOLDEN GATE
ESTATES UNIT NO. 97, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 7, PAGES 95 AND 96 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE ALONG SAID SOUTH LINE OF SAID TRACT 10, RUN N 89°40'50"
W, A DISTANCE OF 562.04 FEET TO A POINT; THENCE LEAVING SAID SOUTH
LINE OF TRACT 10, RUN N 01°21'17" W, A DISTANCE OF 93.15 FEET; THENCE N
37°15'26" W, A DISTANCE OF 10.69 FEET; THENCE RUN N 00°47'41" W, A
DISTANCE OF 9.56 FEET; THENCE RUN N 33°23'12" E, A DISTANCE OF 31.33 FEET;
THENCE RUN N 17°06'59" W, A DISTANCE OF 32.62 FEET; THENCE RUN N 30°45'45"
E, A DISTANCE OF 12.21 FEET; THENCE RUN N 71°00'48" E, A DISTANCE OF 87.58
FEET; THENCE RUN N 81°09'09" E, A DISTANCE OF 25.38 FEET; THENCE RUN N
34°48'33" E, A DISTANCE OF 47.28 FEET; THENCE RUN N 80°46'29" E, A DISTANCE
OF 62.97 FEET; THENCE RUN S 87°57'46" E, A DISTANCE OF 62.69 FEET; THENCE
RUN N 86°43'30" E, A DISTANCE OF 99.83 FEET; THENCE RUN N 88°07'09" E, A
DISTANCE OF 99.83 FEET; THENCE RUN S 87°01'00" E, A DISTANCE OF 16.33
FEET; THENCE RUN S 74°26'01" E, A DISTANCE OF30.68 FEET; THENCE RUN S
83°40'34" E, A DISTANCE OF 54.13 FEET TO A POINT OF THE WEST RIGHT-OF-
WAY LINE OF SAID OAKES BOULEVARD.(100' RNV); THENCE RUN S 00°28'21" W, A
DISTANCE OF 255.17 FEET TO THE POINT OF BEGINNING.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS CONFORM TO THE SOUTH LINE OF TRACT 10, BEING N 89°40'50" W,
PER PLAT AS RECORDED IN PLAT BOOK 7, PAGES 95 AND 96.
CONTAINING 3.20 ACRES, MORE OR LESS.
I41 rilek
Dennis M. Portglla, Sr. PLS
Florida Certificate PLS#4504
Not valid signed and sealed with
a raised Florida Surveyors'embossed Seal
EXHIBIT
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EXHIBIT .A
Page . . of A
LAND MANAGEMENT PLAN
OAKES PARK
Introduction
The following outlines a management plan for the preserve area at Oakes Park. The
project site is located within Section 29,Township 48 S, Range 26 E in Collier County,
Florida. The project site is south of Immokalee Road and on the west side of Oakes Blvd.
The parcel is physically located along the south side of Spanish Oaks Lane. The
following management plan is required as per GMP Policy 6.1.1 (6).
Preserve
The applicant is proposing to preserve a wetland area as one large contiguous tract. The
total preserve area is approxi:nately of 2.76 acres of wetlands. All exotics were treated
and/or.removed. Exotic vegetation removal increased the ecological value and overall
esthetics of this preserve. The preserve will be maintained in its natural state and kept
free of refuse and debris.
On-Site Management Plan
Exotic vegetation removal and maintenance shall require that all Category 1 exotics be
removed from the preserve. All exotics will be physically removed, or cut to grade and
the stump will be treated with an approved herbicide.
All exotic vegetation will be poison with an approved herbicide(poison)and a tracer dye.
Exotic control will be conducted on a yearly basis. This will be done under the.
supervision of an Environmental Professional.
Environmental Professional Qualifications
Marco A. Espinar
Collier Environmental Consultants (hereinafter referred to CECI)
3880 Estey Ave.
Naples, Florida 34104
(239)263-2687
Fax(239) 263-6616
EXHIBIT C,
Page I of y
Owner Of Project Site
Collier County Parks and Rccreation
300 Santa Barbara Blvd.
Naples,Florida 34116-6601
Responsibility Of Preserve
Responsibility for the criteria set forth will be that of Collier County Parks and
Recreation.This park by this contract is employing the services of CECI to act as
preserve manager on the owner's behalf A Conservation Easement will be established
and recorded in the public records of Collier County over all areas designated as
preserve. CECI's responsibility as preserve manager is limited to the duties set forth
herein and in the Conservation Easement. CECI's responsibility as preserve manger is
only in effect for so long as this contract exists between CECI and Collier County Parks
and Recreation and has not been terminated by either party.
Maintenance/Management
Following the completion of the initial exotic removal effort,regular inspections of the
preserve area will occur. Exotic plant control treatments will occur annually and/or as
needed. During these inspections,the entire preserve area will be traversed by a qualified
Biologist. Locations of all exotic vegetation species will be noted for immediate
treatment. During construction a silt fence shall protect the preserve area The silt fence
will be placed along the outer perimeter of the preserve. The preserve will be maintained
in a natural state and kept free of refuse and debris.
Signage
A sign denoting the preserve will be placed along the preserve boundary. The sign will be
in compliance with Section 2.5.6 of the Land Development Code.
Habitat Management Plan
All exotic vegetation will be poison with an approved herbicide(poison)and a tracer dye.
Exotic control will be conducted on a yearly basis and/or as needed.This will be done
under the supervision of an Environmental Professional.
Following the completion of the initial exotic removal effort, regular inspections of the
preserve area will occur. Exotic plant control treatments will occur annually and/or as
needed. During these inspections, the entire preserve area will be traversed by a qualified
Biologist. Locations of all exotic vegetation species will be noted for immediate
treatment. During construction a silt fence shall protect the preserve area. The silt fence
EXH I BIT_
Page a of
will be placed along the outer perimeter of the preserve. The preserve will be maintained
in a natural state and kept free of refuse and debris.
Any Supplemental PIantings will comply with Collier County Land Development Code
and/or as approved on the Site Development Plan.
EXHIBIT C.
Page_ _of 9
- PROTECTED AREA , .
PRESERVE BOUNDARY
"r- NO FILM, NO DIGGING •
AND
NO VEGETATION REMOVAL . •
•
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PRESERVE BOUNDARY SIGN DETAIL
SCALE 1" = 7'
NOTE;
• SIGH & POST SI-IALL IE OF A DURABLE MATERIAL AND
' AND SHALL Be CONSTRUCTED TO MEET TIE RESEED
Wes? LOADING. SKIS SHALL BE MAINTAINED IN PERPETUITY. •
EXHIBIT C-
Page._1.of L( -