Avow Hospice INSTR 5203303 OR 5220 PG 3768
RECORDED 12/7/2015 2'.53 PM PAGES 9
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
DOC @.70$0.70 REC$78 00
THIS INSTRUMENT PREPARED BY&RETURN TO:
NAME:Davidson Engineering,Inc.
ADDRESS:4365 Radio Road,Suite 201
Naples,FL 34104
PARCEL I.D. # 00286560005
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT /
THI CONSERVATION EASEMENT given this L/ day of
/ '�f'z°-mber , 2015, by AVOW Hospice, Inc. (hereinafter AVOW
Hospice, Inc . , as Grantor, whose address is 1095 Whipporwill Lane, Naples, FL 34105,
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, AVOW Hospice, Inc. is the owner of that certain tract of land located
in Collier County, Florida described in Exhibit "A" [include a Plat Book and Page
reference in Exhibit "A"] attached hereto (hereinafter referred to as the "property");
and
WHEREAS, Collier County is requiring that this Conservation Easement
("Easement") be entered into and recorded in the land records of Collier County to bind
AVOW Hospice, Inc.; 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] AVOW Hospice, Inc., its 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.
Revised 7/28/14 1
2. No buildings, structures or impediments of any nature may be constructed,
placed or permitted on, over or across the Easement Property. No dumping or placing
of soil or other substances such as trash or unsightly or offensive materials shall be
permitted on the Easement Property. There shall be no removal or destruction of trees,
shrubs or other vegetation with the exception of exotic/nuisance vegetation removal.
Excavation, dredging or removal of soil material, peat, rock or other material substance
in such a manner as to affect the surface shall be prohibited on the Easement Property.
No dikes or fencing shall be permitted on the Easement Property. There shall be no
other activities detrimental to drainage, flood control, water conservation, erosion
control or fish and wildlife habitat conservation or preservation permitted on the
Easement Property. The Easement Property shall be in no way altered from its natural
or permitted state. The following exceptions apply:
a. Archaeological surveys or excavations are permissible for areas designated as
archaeological sites by the State or Federal governments or by Grantee; or
b. Uses as permitted by Section 3.05.07.H of the Collier County Land
Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and
related processing operations are uses which are exempt from the restrictions herein
and shall remain allowed uses on the lands described herein, provided it is an allowable
use in the underlying zoning district.
3. [Grantor] AVOW Hospice, Inc., its heirs, successors or assigns shall
bear the responsibility for maintaining the Easement Property, including, but not limited
to, regular maintenance as may be required by any governmental agency having
jurisdiction relative thereto. The Easement Property shall at all times be maintained in
accordance with applicable requirements of the Collier County Land Development Code.
4. No right of access by the general public to any part of the Easement Property is
being conveyed. Collier County shall have the right to access and use of the Easement
property for the purpose of making inspections; however, Collier County shall have no
obligation to maintain the Easement Property, nor shall Collier County have the right to
use the Easement Property for any purpose inconsistent with the terms of this
Conservation Easement.
5. Grantor reserves all rights as owner of the Easement Property, including the
right to engage in uses of the Easement Property that are not prohibited herein and
which are not inconsistent with any County ordinance, regulation or development
permit, and the intent and purposes of this Conservation Easement.
6. Grantor shall pay any and all real property taxes and assessments levied by
competent authority on the property.
7. Grantor shall insert the terms and restrictions of this Conservation Easement in
any subsequent deed or other legal instrument by which Grantor divests itself of any
interest in the property.
Revised 7/28/14 2
8. All notices, consents, approvals or other communications hereunder shall be in
writing and shall be deemed properly given if sent by United States certified mail, return
receipt requested, addressed to the appropriate party or successor in interest.
9. This Conservation Easement may be amended, altered, released or revoked
only by written agreement between the parties hereto or their heirs, successors or
assigns, which shall be filed in the public records of Collier County.
10. This Conservation Easement shall run with the land and shall be binding upon
and inure to the benefit of all present and future owners of any portion of the Property
and their successors and/or assigns, it being the intention of the Grantor that this
Conservation Easement be perpetual.
11. If any provisions of the Conservation Easement or the application thereof to
any person or circumstances is found to be invalid, the remainder of the provisions of
this Conservation Easement shall not be affected thereby, as long as the purpose of the
Conservation Easement is preserved.
12. Enforcement of the terms, provisions and restrictions of this Conservation
Easement shall be at the reasonable discretion of Grantee, and any forbearance on
behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by
Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder.
13. The terms and conditions of this Conservation Easement may be enforced by
the Grantee by injunctive relief and other appropriate available remedies, and Grantor
consents that venue of such enforcement actions shall lie exclusively in the Circuit Court
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: AVOW Hospice, Inc.
7g- "-oJ
Printed Name:/4^4-71.174-l /1.0°.K[,�
I��i%!-�''tai.P-t/L 1;, ►0 itL By:
Printed Name: k tl-Nure`'Le loev-ecu aysen 'o. ' 0
Revised 7/28/14 3
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing instrument was subscrib�, sworn and acknowledged before me this
L(\-� day of fl�eYri ( -' 2015, by Jaysen Roa,
as CEO for W Hospice, Inc., and who is kpersonally known to me
o [ ] who produced as identification.
IRENE CUNNINGHAM
1,t MY COMMISSION N FF 911487
`� +., EXPIRES:November 14,2019 �V v'l ft?__ ,Irk
F4°.p' Bonded Thn;Notary Public Underwriters NOTARY PUBLICf
Printed Name: 't 1/e!/Ie � L1 1 ✓19j k& 1f
My Commission Expires:
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: - _
y �:: 5,
Deputy Clerk i'' T•r ' , Chairperson
Attest as to Chairman's
signature only.
App ved as to form and
leg
c, o-tt A IN 0--
Assistant County Attorney
CP\11-ENS-00442\4 APPROVED PURSUANT TO RESO. 2010-39
Revised 7/28/14 4
EXHIBIT A
RHODES&RHODES LAND SURVEYING, INC.
28100BON1TA GRANDE DRIVH SUITE#107 BONITA SPRINGS,FL 34135
PHONE(239)405.8166 FAX(239)405-8163
PROPERTY DESCRIPTION (BY OTHERS)
PARCEL 13.1
NORTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
AND
THE SOUTH 60 FEET OF THE EAST 1/2 OF THE NE 1/4 OF THE NW 1/4, SECTION 18,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
AND
PARCEL 13.2
SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA;
AND
PARCEL 13.3
NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
SUBJECT EASEMENT, RESTRICTION AND RESERVATIONS OF RECORD.
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EXHIBIT B
RHODES ct-RHODES LAND SURVEYING; INC
28100BON1TA GRANDE DRIVA SUITE#107 BON1TA SPRINGS,FL 34135
PHONE(239)40:.8166 FAX(239)406-8163
PROPERTY DESCRIPTION
Parcel of land lying in the northwest quarter of Section 18, Township 49 South, Range 26 East,
Collier County, Florida, being more particularly described as follows:
Commencing at the north quarter corner of said Section 18 township 49 south, range 26 east,
collier county, Florida; thence south 00°25'52" east, a distance of 1,650.00 feet; thence south
89°34'08" west, a distance of 10.00 feet; thence South 00°08'38" East, a distance of 165.13 feet;
thence South 89°34'08" West, a distance of 1,227.05 feet to the POINT OF BEGINNING of the
parcel of land herein described; thence continue South 89°34'08" West, a distance of 59.09 feet;
thence North 00°08'38" West, a distance of 161.13 feet; thence North 89°34'08" East, a distance
of 68.44 feet to a point on a non-tangential curve; thence northeasterly, 15.16 feet along the arc
of a circular curve, concave southeasterly, having a radius of 31.00 feet, through a central angle
of 28°01'29" and being subtended by a chord which bears North 54°36'53" East, 15.01 feet;
thence North 68°37'38" East, a distance of 30.76 feet; thence North 01°13'42" East, a distance of
37.31 feet to a point of curvature; thence northerly, 4.66 feet along the arc of a circular curve,
concave easterly, having a radius of 31.00 feet, through a central angle of 08°36'58" and being
subtended by a chord which bears North 05°32'11" East, 4.66 feet; thence North 09°50'40" East,
a distance of 13.34 feet to a point of curvature; thence northeasterly, 13.74 feet along the arc of a
circular curve, concave southeasterly, having a radius of 31.00 feet, through a central angle of
25°23'27" and being subtended by a chord which bears North 22°32'24" East, 13.63 feet; thence
North 35°14'08" East, a distance of 5.98 feet to a point of curvature; thence northeasterly, 8.08
feet along the arc of a circular curve, concave southeasterly, having a radius of 31.00 feet,
through a central angle of l4°55'55" and being subtended by a chord which bears North
42°42'05" East, 8.06 feet to a point on a non-tangential curve; thence northerly, 10.39 feet along
the arc of a circular curve, concave easterly, having a radius of 31.00 feet, through a central
angle of 19°12'29" and being subtended by a chord which bears North 04°04'53" East, 10.34
feet; thence South 38°26'07" East, a distance of 28.62 feet; thence South 51°33'53" West, a
distance of 6.23 feet to a point on a non-tangential curve; thence southwesterly, 13.21 feet along
the arc of a circular curve, concave southeasterly, having a radius of 28.66 feet, through a central
angle of 26°24'20" and being subtended by a chord which bears South 32°46'23" West, 13.09
feet; thence South 09°24'32" West, a distance of 14.84 feet; thence South 01°13'42" West, a
distance of 31.78 feet; thence South 10°13'43" West, a distance of 11.71 feet to a point of
curvature; thence southwesterly, 5.26 feet along the arc of a circular curve, concave
northwesterly, having a radius of 10.00 feet, through a central angle of 30°09'17" and being
subtended by a chord which bears South 25°18'22" West, 5.20 feet; thence South 40°23'00"
West, a distance of 6.99 feet to a point of curvature; thence southwesterly, 4.93 feet along the arc
of a circular curve, concave northwesterly, having a radius of 10.00 feet, through a central angle
of 28°14'38" and being subtended by a chord which bears South 54°30'19" West, 4.88 feet;
thence South 68°37'38" West, a distance of 31.47 feet to a point of curvature; thence
southwesterly, 3.39 feet along the arc of a circular curve, concave southeasterly, having a radius
of 10.00 feet, through a central angle of 19°24'11" and being subtended by a chord which bears
South 58°55'32" West, 3.37 feet; thence South 49°13'27" West, a distance of 17.86 feet to a point
of curvature; thence southwesterly, 5.53 feet along the arc of a circular curve, concave
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EXHIBIT B
RHODES&RHODES LAND SURVEYING, INC.
28100 B O N1 T A GRANDE D R I VF.y SUITE#I07 B O N I T A SPRINGS,FL 34135
PHONE(239)405-8106 FAX(239)405.8163
southeasterly, having a radius of 10.00 feet, through a central angle of 31°39'51" and being
subtended by a chord which bears South 33°23'31" West, 5.46 feet; thence South 17°33'36"
West, a distance of 25.67 feet; thence South 01°44'54" West, a distance of 30.36 feet; thence
South 05°15'17" East, a distance of 60.79 feet to a point of curvature; thence southerly, 5.20 feet
along the arc of a circular curve, concave westerly, having a radius of 10.00 feet, through a
central angle of 29°48'47" and being subtended by a chord which bears South 09°39'06" West,
5.14 feet; thence South 24°33'29" West, a distance of 13.13 feet to the POINT OF BEGINNING.
Containing 13,306 square feet or 0.305 acres, more or less.
Subject to easements, restrictions and/or reservations of record.
Bearings are based on the centerline of Whippoorwill Road as being South 00°25'52" East.
RHODES & RHODES LAND SURVEYING, INC.
FLORIDA BUSINESS AUTHORIZATION NO. LB 6897
Thomas E. Rhodes, Sr.
Professional Surveyor and Mapper
State of Florida, License Number 5854
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
R&R FILE NO. 2006-1463SKETCH PRESERVE2
DATE: 06/25/15
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