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Caracara Prairie Preserve (w/CREW & FFWCC) Q CARACARA PRAIRIE PRESERVE CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given this 1�` day of A 201f,by COLLIER COUNTY,a political subdivision of the State of Florida, (herein er referred to as"County"), whose mailing address is 3299 Tamiami Trail East,Naples,FL 34112,and CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST, INCORPORATED, a Florida non-profit corporation, (hereinafter referred to as "CREW"), whose mailing address is 23998 Corkscrew Road, Estero, FL 33928, (hereinafter collectively referred to as the "Grantors" and individually as the "Grantor"), to the Florida Fish and Wildlife Conservation Commission, an agency of the State of Florida ("Grantee"), whose mailing address is 620 South Meridian Street, Tallahassee, FL 32399-1600 (collectively referred to as the "Parties"). As used herein, the term "Grantors" shall include any and all heirs,successors or assigns of the County and of CREW and all subsequent owners of the "Property"(as hereinafter defined). The term "Grantee" shall include any successor or assignee of Grantee. WITNESSETH WHEREAS,the County and CREW are owners in fee simple of certain lands situated in Collier County, Florida ("Property"), as more specifically described in Exhibit "A" attached hereto and incorporated herein, with the County holding an undivided ninety-four point four (94.4%) percent interest in the Property and CREW holding an undivided five point six (5.6%) percent interest in said Property;and WHEREAS,the United States Fish and Wildlife Service("Service"), an agency of the United States Department of Interior, has jurisdiction over the conservation, protection, restoration,enhancement,and management of fish,wildlife,native plants,and habitat pursuant to various federal laws, including the Endangered Species Act, 16 U.S.C. Section 1531, et seq. ("ESA"), the Fish and Wildlife Coordination Act, 16 U.S.C. Sections 661-666c, the Fish and Wildlife Act of 1956, 16 U.S.C.Section 742(f)et seq.,and other provisions of Federal law;and WHEREAS, the Service maintains that the Property possesses or is capable of possessing ecological and habitat values that benefit endangered, threatened, or other species including the federally-listed Florida Panther(Puma concolor coryi) (collectively "Conservation Values")of great importance to the people of the State of Florida and the United States;and WHEREAS, the Service issue a biological opinion letter with exhibits(the"Biological Opinion Letter"), dated r R o the U.S. Army Corps of Engineers (the "USACOE") after formal consultation under ection 7 of the Endangered Species Act of 1973,as amended,on the USACOE's issuance of a Section 404 permit to the County for impacts to the federally-listed Florida Panther. The impacts will result from development of the Collier County Resource Recovery Park. The conditions of the Biological Opinion Letter provide,among other things, for the preservation of approximately 367.7 acres of habitat suitable for the Florida Panther and located at latitude 26°26'40.2"N, longitude 81°33'30.35" W in the County (the"Compensation Parcel" or "Property") to compensate for impacts to approximately 344.25 acres of Florida panther habitat. The conditions further provide for the placement of a conservation easement on the Compensation Parcel, and for the easement to be held by the Florida Fish and Wildlife Conservation Commission. The Biological Opinion Letter (Service Activity Code 41420-2012- CPA-0176\Service Consultation Code 41420-2012-F-0324) and the associated Management Plan (the"Management Plan")are incorporated herein by reference and on file with the Service; and WHEREAS, the Conservation Values of the Property are documented in the Biological Opinion Letter and the Management Plan;and WHEREAS, the County and CREW acknowledge that one of the conditions of the Biological Opinion Letter is the recording of a Conservation Easement on the Property in accordance with Section 704.06,Florida Statutes,which Conservation Easement shall burden the Property in perpetuity for the conservation and protection of the Florida panther and its habitat in accordance with the Biological Opinion Letter and the provisions herein;and WHEREAS, CREW is not a party to the Biological Opinion Letter, but has agreed to grant this Conservation Easement as to its five point six (5.6%) percent undivided interest in the Property thereby subjecting its interest in the Property to the terms and conditions of the Biological Opinion Letter and this Conservation Easement. CREW has further agreed to transfer and assign to the County exclusive rights to all panther habitat units, created on the Property as described in the"Agreement for Sale and Purchase,"between Marilyn H.Adkins,Joan H.Bickel, Hugh E. and Judy A. Starnes, and the Grantors, effective July 5, 2007, and recorded in the Official Records of Collier County on March 4,2013,OR Book:4891 Page:2907;and WHEREAS, the Grantee is authorized to hold a conservation easement pursuant to Section 704.06,Florida Statutes NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein, together with other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, Grantors hereby grant, create and establish a perpetual conservation easement upon the Property for and in favor of the Grantee, which conservation easement shall run with the land and be binding upon the Grantors and 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 part of this Conservation Easement. 2. Purpose. The purpose of this Conservation Easement is to ensure that the Property shall be protected forever and used as a conservation area,consistent with the Biological Opinion Letter. The Parties intend that this Conservation Easement shall confine the use of the Property to such uses as are consistent with the purpose of this Conservation Easement and the Biological Opinion Letter. 3. Grantee and the Service's Rights. To carry out the purpose of this Conservation Easement,the Grantors convey the following rights to Grantee and the Service: a. To enter upon the Property at any time after giving twenty-four(24) hours prior notice to the County, in order to monitor Grantors' compliance with this Conservation Easement and the Biological Opinion Letter, to monitor and survey the Property for use by the Florida panther and to otherwise enforce the terms of this Conservation Easement and the Biological Opinion Letter; b. To enjoin any activity on or use of the Property that is inconsistent with this Conservation Easement and the Biological Opinion Letter,to require restoration of such areas or features of the Property that may be damaged by any act, failure to act or any use or activity that is inconsistent with the purpose of this Conservation Easement and to preserve the Conservation Values of the Property; c. To preserve, protect and sustain the biological resources and Conservation Values of the Property; and d. To enforce the terms,provisions and restrictions of this Conservation Easement. 4. Prohibited Use. Except as otherwise provided herein, the following activities are prohibited on the Property: a. Construction, reconstruction or placement of any road, billboard or other advertising, utilities or any other building or structure on, above, or below the ground, except for maintenance roads, trails, directional/educational signage, informational kiosks, benches, picnic tables and pedestrian gates through cattle fences within the Property or as otherwise approved by the Service and the Grantee; b. Dumping or placing of soil or other substance or material as landfill, or dumping of trash,waste,biosolids or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation except as necessary for maintenance roads, trails, directional/educational signage, informational kiosks, benches, picnic tables and pedestrian gates through cattle fences within the Property or as otherwise approved by the Service and the Grantee; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock or other material substance in such manner as to affect the surface; e. Mineral exploration, except to the extent authorized by the "Oil, Gas, and Mineral Lease" dated March 15, 2007 (appended to the Management Plan as Appendix D), and recorded in the Official Records of Collier County at OR Book: 4250 PG: 1445, excavation, draining or dredging; f. Surface use except for purposes that permit the land or water areas to remain in their existing natural conditions; g. 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, except installation, repair or replacement of fencing necessary for securing the Property or proper management of grazing cattle; h. Acts or uses detrimental to such aforementioned retention of land or water areas in their existing natural condition; i. Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties on the Property having historical, architectural, archaeological, or cultural significance; j. Alteration of the general topography of the Property or any portion thereof; k. Planting,introduction or dispersal of exotic plant or animal species; 1. Commercial or industrial uses; and m. Manipulation, impoundment or alteration of any natural watercourse, body of water or water circulation on the Property. 5. Grantors' Reserved Rights. Grantors reserve unto themselves, their successors and assigns,and all successor owners of the Property or any portion thereof: a. All rights accruing from the County and CREW's ownership interests in the Property, including the right to engage in or to permit or invite others to engage in all uses of the Property that are neither expressly prohibited herein, inconsistent with the purpose of this Conservation Easement and the Biological Opinion Letter nor likely to negatively impact the Conservation Values and quality of the Property as habitat for the Florida panther; b. The right to conduct activities on the Property, including, but not limited to, maintenance and monitoring activities,as set forth in the Biological Opinion Letter; c. The right to maintain historical drainage on the Property in accordance with the Biological Opinion Letter; d. Subject to subparagraph "a" of this section, the right to hunt, fish, hike, and engage in wildlife viewing, nature photography, natural history study, plant and wildflower identification, environmental education, primitive camping, and equestrian use upon the Property in accordance with the Biological Opinion Letter and Management Plan; and e. The right to graze cattle upon the Property to the extent allowed in the Cattle Lease Agreement of July 24, 2007, between the County and Hugh E. Starnes (appended to Management Plan as Appendix E) and thereafter in accordance with any subsequent cattle lease agreements provided the rights and extent of such future lease agreements do not exceed those of the existing lease agreement of July 24, 2007, and are not inconsistent with the purpose of the Biological Opinion Letter and the Conservation Easement nor likely to negatively impact the Conservation Values and quality of the Property as habitat for the Florida panther. 6. Grantee and the Service's Duties. Neither Grantee nor the Service shall unreasonably interfere with Grantors or their invitees, guests, and agents' use and quiet enjoyment of the Property. Grantee and the Service agree that neither Grantors nor any affiliate, subsidiary or other related party of Grantors shall be liable for or obligated for any liability, penalty, cost, loss, damage, expense, cause of action, claim, demand, or judgment arising from or in any way connected with Grantee's or Service's conduct and/or negligence on or about the Property. 7. Grantors' Duties. Grantors shall undertake all reasonable actions to prevent the unlawful entry and trespass upon the Property by persons whose activities may degrade or harm the Conservation Values of the Property. The Grantors also shall be responsible for control of public access to the Property through measures including, but not limited to, the gating and locking of access points and the marking of entry points with signs explaining approved and prohibited access and activities on the Property. 8. No Dedication. No right of access, ingress, or egress by the general public to any portion of the Property is conveyed by this Conservation Easement. 9. Obligations of Ownership. Subject to paragraph 22, below, Grantors retain all responsibilities and all obligations related to the ownership, operation, upkeep, and maintenance of the Property. Grantors shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantors. Grantors shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority, and shall furnish Grantee and the Service with satisfactory evidence of payment upon written request. Grantors remain solely responsible for obtaining any applicable permits and approvals required for any activity or use permitted on the Property by this Conservation Easement, and any such activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency laws, statutes, ordinances,rules,regulations,orders and requirements. 10. Enforcement. Grantee and/or the Service have the right to enforce the terms,provisions and restrictions of this Conservation Easement. Any forbearance on behalf of Grantee and/or the Service to exercise its right of enforcement hereunder shall not be deemed or construed to be a waiver of either of their rights hereunder. 11. Remedies for Violation and Corrective Action. If Grantee, Grantors or the Service determines there is a violation of the terms of this Conservation Easement or that a violation is threatened, written notice of such violation and a demand for corrective action sufficient to cure the violation shall be given to the putative violator as well as to the Service. In any such instance, measures to cure the violation shall be reviewed and approved by the Service. If a violation is not cured within thirty (30) days after receipt of written notice and demand, or where the cure reasonably requires more than thirty(30)days to complete and there is failure to initiate action to cure the violation within the 30-day period or to diligently engage in actions to cure the violation, Grantee, Grantors and/or the Service may bring an action at law or in equity in a court of competent jurisdiction (1) to enforce compliance with the terms of this Conservation Easement; (2) to recover any damages to which Grantee, Grantors and/or the Service may be entitled for violation of the terms of this Conservation Easement or for any damage to the Conservation Values of the Property; or (3) for other equitable relief, including, but not limited to, the restoration of the Property to the condition in which it existed prior to the violation or damage. Without limiting the violator's liability, any damages recovered may be applied to the cost of undertaking any corrective action on the Property. 12. Acts Beyond Grantors' Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee or the Service to bring any action against a Grantor for any injury to or change in the Property resulting from natural causes beyond the Grantor's control, including, without limitation, fire, flood, storm and earth movement or from any necessary action taken by a Grantor under emergency conditions to prevent, abate or mitigate significant injury to the Property or to persons resulting from such causes. 13. Hold Harmless. Each Party shall be liable for its own actions and negligence and, to the extent permitted by law, Grantors shall indemnify, defend and hold harmless Grantee and the Service as well as their members, directors, officers, employees, agents and contractors and the heirs, personal representatives, successors, and assigns (collectively "Indemnified Parties") from and against any actions, claims or damages, including reasonable attorney's fees, arising from a Grantors' negligence in connection with this Conservation Easement, and Grantee shall indemnify, defend and hold harmless Grantors against any actions, claims, or damages arising out of Grantee's negligence in connection with this Conservation Easement. The foregoing indemnifications shall not constitute a waiver of the County's or the Grantee's sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement by the Parties to indemnify the other for such other Parties' negligent,willful or intentional acts or omissions. 14. No Hazardous Materials Liability. Each Grantor represents and warrants that it has no knowledge of any release or threatened release of hazardous materials or products that could be deemed hazardous materials in, on, under, about or affecting the Property. Without limiting the obligations of Grantors as otherwise provided in this Conservation Easement, Grantors agree to indemnify, protect and hold harmless the Indemnified Parties, as defined in Paragraph 13, above, against any and all claims arising from or connected with any hazardous materials present, released in, on, from, or about the Property at any time, or with any substance now or hereafter defined, listed,or otherwise classified pursuant to any federal,state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, unless caused solely by any of the Indemnified Parties. 15. Assignment. Grantee will hold this Conservation Easement exclusively for conservation purposes and for the purpose set forth in Paragraph 2 of this Conservation Easement. 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 and federal laws and that is committed to hold this Conservation Easement exclusively for the purposes set forth herein. Grantee may not assign this Conservation Easement without the written consent of Grantors and the Service. 16. Subsequent Property Transfer. Either Grantor may transfer or convey its interest(s) in the Property with the prior written concurrence of the other Grantor and the written approval of the Service and to the extent authorized by the County's "Conservation Collier Exceptional Benefits Ordinance" (Ordinance No. 2006-58) adopted on November 28, 2006 as it may be amended. Grantor agrees, however,to provide the other Grantor and the Service written notice of its intent to transfer or convey its interest at least thirty (30) days prior to the date of such transfer or conveyance. Each successor in interest must agree in writing to assume all obligations set forth in the Conservation Easement, Biological Opinion Letter and Management Plan as well as assure and demonstrate to the satisfaction of the Service that the successor has the financial capacity to implement all of the measures set forth in the Biological Opinion Letter, Management Plan and Conservation Easement. Such financial assurances, which must be approved by the Service, may be provided through, including but not limited to, a trust fund or letter of credit. Each Grantor further agrees to either refer to this Conservation Easement or, alternatively, incorporate and insert the terms and restrictions of this Conservation Easement in any deed or other legal instrument by which the Grantor divests itself of any interest in all or a portion of the Property, including,without limitation, a leasehold interest. Grantee and/or the Service shall have the right to prevent any transfer in which the prospective subsequent claimants or transferees are not given notice of the terms, covenants, conditions and restrictions of this Conservation Easement. Grantee and/or the Service also shall have the right to prevent any such transfer whenever the transfer would result in a merger of the Conservation Easement and the Property in a single Property owner (thereby extinguishing the Conservation Easement) where there is no method or mechanism deemed adequate by law to preserve, protect and sustain the Property in perpetuity. The failure of a Grantor to perform any act required by this paragraph shall not impair the validity of this Conservation Easement or limit its enforcement in any way. 17. Subdivision. There shall be no subdivision of the Property. 18. Condemnation. If the Conservation Easement is taken, in whole or in part, by exercise of the power of eminent domain,Grantee shall be entitled to compensation in accordance with applicable law. 19. Severability. If any provision of this Conservation Easement or the application thereof to any person or circumstance is found to be invalid, the remaining provisions of this Conservation Easement shall not be invalidated or affected thereby as long as the purpose of the Conservation Easement is preserved. 20. Recordation. The County shall record this Conservation Easement in the Official Records of Collier County, Florida, within five (5) days of the signing of this Conservation Easement by the signatories below and shall re-record this Conservation Easement at any time the Grantee or the Service may require to preserve their respective rights. The County shall pay all costs, including but not limited to recording costs and taxes necessary to record this Conservation Easement in the public records. Grantors will hold Grantee harmless from any such costs necessary to record this Conservation Easement in the public records. 21. Modifications. This Conservation Easement may be amended, altered, released or revoked only by the written agreement of the Parties hereto or their heirs, assigns or successors-in-interest and with the written approval of the Service. Any such amendment or alteration ("modification") shall be consistent with the purpose of this Conservation Easement and the Biological Opinion Letter and shall not affect the perpetual duration of this Conservation Easement. The County shall promptly record any written modification in the public records of Collier County, Florida and thereafter promptly provide a conformed copy of the recorded modification to CREW,Grantee and the Service. 22. Written Notice. All notices, consents, approvals or other communications hereunder shall be in writing and delivered personally or sent by facsimile or by a recognized overnight delivery service. Notice by either of the previous methods shall be deemed given upon delivery. Notice also may be sent by United States mail, certified, return receipt requested and postage prepaid. Such notice shall be deemed given five (5) days after deposit in the United States mail. Notice shall be addressed as follows or to such other address as either Party or the Service may from time to time specify in writing: To Grantor: Collier County Board of County Commissioners 3299 Tamiami Trail East Naples,Florida 34112 Telephone number: (239)252-2961 Facsimile number: (239)252-6713 To Grantor: Corkscrew Regional Ecosystem Watershed Land &Water Trust,Inc. 23998 Corkscrew Road Estero,FL 33928 Telephone number: (239)657-2253 Facsimile number: (239)867-3259 To Grantee: Florida Fish and Wildlife Conservation Commission Habitat and Species Conservation Division Director 620 South Meridian Street Tallahassee,FL 32399-1600 Telephone number: (850)488-3831 Facsimile number: (850)921-7793 To the Service: Field Supervisor United States Fish and Wildlife Service South Florida Ecological Services Office 1339 20th Street Vero Beach,Florida 32960-3559 Facsimile number: (772)562-4288 23. Subordination of Liens. Each Grantor hereby covenants with said Grantee and the Service that Grantor is lawfully seized of its undivided interest in said Property in fee simple; that its undivided interest in the Property is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement; that all mortgages and liens on its undivided interest in the Property have been subordinated to this Conservation Easement; that Grantor has good right and lawful authority to convey this Conservation Easement; and that Grantor hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. 24. Funding. Funding for the management, maintenance, and monitoring activities required to occur on the Property pursuant to this Conservation Easement and the Biological Opinion Letter shall come from the Caracara Prairie Preserve Parcel Endowment Fund Trust, a perpetual trust created in accordance with the Biological Opinion Letter, and by any other means specified in the Biological Opinion Letter. 25. No Merger or Release. This Conservation Easement provides specific and substantial rights to the Service as provided herein and in accordance with the Biological Opinion Letter. These rights, among other things, prohibit the release or assignment of the rights, obligations and encumbrances established by this Conservation Easement in any fashion, except upon written approval of the Service. It is the intent of the Grantors, the Grantee and the Service that this Conservation Easement shall be a covenant running with title to the Property and that this Conservation Easement shall be binding upon subsequent owners of the Property. The Parties covenant and agree that this Conservation Easement may not be assigned, terminated or released in any manner without the consent and written agreement of the Service. Subject to paragraph 16,above, in the event that either Grantor or any subsequent owner of an interest in the Property shall convey fee title to the Property to the Grantee or to any successor of the Grantee, the Parties expressly covenant and agree that this Conservation Easement shall not be terminated or extinguished by operation of law pursuant to the doctrine of merger or any similar or dissimilar doctrine or rule of law. 26. Management. Grantors hereby covenant that the management of the Property shall be undertaken in accordance with the Biological Opinion Letter, Management Plan and this Conservation Easement. Such management may be undertaken by the County directly or, with the written consent of the Service, by another party, including CREW. When management is undertaken by an entity other than the County, prior to any such undertaking, the County must obtain the entity's written consent and agreement to undertake such management and to do so in accordance with the Biological Opinion Letter, Management Plan and this Conservation Easement. The County further agrees to provide funding for such management in accordance with the Caracara Prairie Preserve Parcel Endowment Trust Agreement and from the Endowment Fund created thereunder. 27. Preserving Perpetual Rights. In accordance with Chapter 712 of the Florida Annotated Statutes or the laws then in effect,the County agrees to record a notice, as provided in Fla. Stat. 712.06, of this Conservation Easement once during the 30-year period beginning from the date this easement is first recorded and, thereafter, during each 30-year period of the Conservation Easement. The County further agrees to provide a copy of each such recorded notice to the Grantee and the Service between the 28th and 29th year of each 30-year period. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions, and purpose imposed with this Conservation Easement shall be binding upon each Grantor and shall continue as a servitude running in perpetuity with the Property. IN WITSS WHEREOF,Gr tors have hereunto set their authorized hands this -�-� day of ,20 1L GRANTOR: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BWK, Clerk COLLIER COUNTY,FLORIDA i rll . ►eputy Clerk Tom Henning,Chairman get'arbqc A.4@ftetzliredgItYrm and legality: Jennifer A.Belpedio Q7 Assistant County Atto y per" Crs�r�k col\\ex- The foregoing instrument was acknowledged before me this \7.\ day of ex�bex , 201L\by Tom Henning, as Chairman of the Collier County Boar of County Commissioners,on behalf thereof. He is personall known to me. .,L=1 • .0411404,, VIRGINIA A.MEET No • , ' blic,State of Flori (4-7-iv% Notary Public•State o1 Florida Print Name: L11.=My Comm.Expires Jun 23.2017 My Commission E sires: _® Commission#r FF 11938 ;.. „'' Bonded Through National Notary Man. GRANTOR: DATED: WITNESSES: CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST, INCORPORATED,a Florida non- profit corporation (Signature) (Printed Name) BY: Ben Nelson,Chairman (Signature) (Printed Name) STATE OF FLORIDA COUNTY OF COLLIER STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 201_ by , as Chairman of the Corkscrew Regional Ecosystem Watershed Land and Water Trust, Incorporated, a Florida non-profit corporation on behalf thereof. He is personally known to me. Notary Public,State of Florida Print Name: My Commission Expires: GRANTEE'S ACCEPTANCE The Florida Fish and Wildlife Conservation Commission hereby accepts and agrees to the conditions of the foregoing Conservation Easement. The Florida Fish and Wildlife Conservation Commission By: Title: Date: Approved: The U.S.Fish and Wildlife Service By: Print Name: Title: EXHIBIT"A" LEGAL DESCRIPTION OF PROPERTY PROPERTY TAX IDENTIFICATION NUMBER: 00053080006 LEGAL DESCRIPTION: WEST HALF (W1/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST,OF COLLIER COUNTY,FLORIDA. AND PROPERTY TAX IDENTIFICATION NUMBER: 00053080200 LEGAL DESCRIPTION: NORTHWEST QUARTER (NW1/4) OF NORTHEAST QUARTER (NE1/4) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY,FLORIDA.