Church of Jesus Christ of Latter-Day Saints 2_0130000050 REV
PARCEL I.D. #
THIS INSTRUMENT PREPARED BY&AFTER
RECORDING RETURN TO:
INS T R 5222675 OR 5237 PG 1567
Stephen E. Thompson, Esquire RECORDED 1/29/2016 9:06 AM PAGES 7
Roetzel&Andress, LPA DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
850 Park Shore Drive, 3rd Floor COLLIER COUNTY FLORIDA
Naples, FL 34103 DOC @.70$0.70 REC$61.00
(239) 649-6200
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this 3 day of DEGEt.A ER-
, 2015, by the Corporation of the Presiding Bishop of The Church of Jesus Christ of
Latter-day Saints, a Utah corporation sole (hereinafter "Grantor"), whose address is 50 East
North Temple Street, Salt Lake City, Utah 84150, 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 requiring 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 Exhibit "B"
(the "Easement Property").
NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier
County as follows:
1. Grantor, its successors, assigns and/or transferees, hereby grants a non-exclusive
easement to Collier County over and across the Easement 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 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 on the
Easement Property 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, its 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.
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
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.
Signed, sealed and delivered in Corporation of the Presiding Bishop of The
the presence of: Church of Jesus Christ of Latter-day Saints,
a Utah corpo tion sole 1/.
4 P i ° i Name: -}-}alit 1 e.vtd.Vv-}- _ Name: 2 f -P ..:
CTitle: AUTH.RIZEDAGENT
Pri d ame: t`�
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STATE OF UTAH )
COUNTY OF SALT LAKE )
The foregoing instrument was subscribed, sworn and acknowledged before me this 3
day of jcew..Lo.2r , 2015, by-lit/1i F. j ac_ as AUTHORIZED AGENT
for Corporation of the Presiding Bishop of Thd Church of Jesus Christ of Latter-day Saints, a
Utah corporation sole, and who is personally known to me or [ ] who produced
as identification.
I am a Notary Public in the State of Utah and my commission expires: 0 9
D. TODD EVANS '��
(I . NOTARY PUBLIC-STATE OF UTAH
j•� )',r My Comm.E . 9/ 201
Commission xp 00 657751 06/ 16 NOTARY PUBLIC Printed Name: P.V(IA 5Vccvtz
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E ,. ;OCK, CLERK COLLIER COUNTY, FLORIDA
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IU ■ _ - `4� 4 / �' ' " r JA.47x4...-
TXO ,iit '�Clerk ,Do cs r F a l c , Chairperson
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, Attest.as to i ainnan's
signaturd"only.,
Approved as to form and
legality:
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9991959 1 103972.0008
APPROVED PURSUANT TO RESO. 2010-39
4
LEGAL DESCRIPTION OF THE PROPERTY
Parcel I:
All of Tract 115, Unit 69, GOLDEN GATE ESTATES, according to the Plat thereof, as recorded
in Plat Book 7, Page 65, of the Public Records of Collier County, Florida.
Parcel II:
East 150 feet of Tract No. 116, of GOLDEN GATE ESTATES UNIT NO. 69, according to the
Plat thereof, as recorded in Plat Book 7, at Page 65, of the Public Records of Collier County,
Florida.
Exhibit "A"
Exhibit B
CONSERVATION EASEMENT
SECTION 19&30,TOWNSHIP 48 SOUTH, RANGE 28 EAST
TRACTS 115& 116 UNIT 69,GOLDEN GATE ESTATES
DESCRIPTION: A parcel of land lying in Sections 19 and 30, Township 48 South, Range 28 East, also being a
portion of the East 150 feet of Tract 116, and a portion of Tract 115, of Unit 69 of Golden Gate Estates as
recorded in Plat Book 7,at page 65, of the Public records of Collier County, Florida.
Commencing at the Northwest corner of the East 150 feet of Tract 116, Unit 69, Golden Gate Estates,
thence 5.00°19'10"W. along the West boundary of the East 150 feet of said Tract 116, 265.91 feet to the
Point of Beginning; thence S.89°40'20"E., 52.08 feet to a point of curvature; thence Southeasterly, 16.04
feet along the arc of a curve to the right having a radius of 10.00 feet and a central angle of 91°54'30"
(chord bearing 5.43°43'06"E., 14.38 feet)to a point of reverse curvature; thence Southeasterly, 131.99 feet
along the arc of a curve to the left having a radius of 82.00 feet and a central angle of 92°13'40" (chord
bearing 5.43°52'41"E., 118.20 feet) to a point of tangency; thence 5.89°59'30"E., 94.02 feet to a point of
curvature; thence Southeasterly, 7.85 feet along the arc of a curve to the right having a radius of 5.00 feet
and a central angle of 90°00'00" (chord bearing 5.44°59'30"E., 7.07 feet) to a point of tangency; thence
5.00°00'30"W., 14.84 feet to a point of curvature; thence Southerly, 15.38 feet along the arc of a curve to
the right having a radius of 35.00 feet and a central angle of 25°11'05" (chord bearing S.12°36'02"W., 15.26
feet);thence N.61°35'20"W.,4.46 feet;thence 5.28°24'40"W.,8.42 feet;thence 5.61°35'21"E., 3.91 feet to a
point on a curve;thence Southwesterly, 15.11 feet along the arc of said curve to the right having a radius of
35.00 feet and a central angle of 24°43'42" (chord bearing 5.51°24'12"W., 14.99 feet)to a point of tangency;
thence S.63°46'03"W., 125.38 feet to a point of curvature;thence Southwesterly, 75.09 feet along the arc of
a curve to the left having a radius of 89.00 feet and a central angle of 48°20'38" (chord bearing
5.39°35'44"W., 72.89 feet); thence N.89°43'58"W., 66.00 feet; thence N.00°19'51"E., 258.41 feet to the
POINT OF BEGINNING.
Containing 0.771 acres,more or less.
Bearings are based on the plat of Unit 69,Golden Gate Estates.
Prepared by;
DIVERSIFIED SURVEYING INC.
1939 Dana Drive
Fort Myers, FL 33907
Phone:239.8 185
5/18/2014
Ra PSM 6091
Florida Profegoat,Surveyorrand Mapper
DESCRIPTION SKETCH o eo 120 N
• CONSERVATION EASEMENT I. (►i,
SCALE 1- - 80' \'f I/
POINT OF COMMENCEMENT
pi t NORTHWEST CORNER OF THE EAST 150'
co ...f.; OF TRACT 116 In
g i N
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I S.89°40'20"E.
POINT OF BEGINNING I C',\
52.08'
TRACT //6 TRACT //5
7i S.89°59'30"E. 0
ti
cO 94.02' S.00°00'30"W.
"I N.61°35'20"W. 14.84'
4.46'
1 S.28°24'40"W. U
v" CONSERVATION EASEMENT 8.42' S.61°35'21"E.3.91'
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_ _ _ SECT1ON_ 1_9
(J SECTION 30
N.89°43'58"W.
66.00'
l EAST 150' OF TRACT 116
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RANDALL BLVD. CURVE DATA TABLE
LEGEND NO. RADIUS DELTA ARC TANGENT CHORD BEARING
1 1 0.00 91'54'30- 16.04 I 1 0.34 14.36 S.43'43'061.
P.U.E. - PUBLIC UTILITY EASEMENT 2 82.00 8213'40- 131.99 85.25 118.20 $.4312.411.
PB - PLAT BOOK 3 5.00 90'00'00- 7.85 5.00 7.07 S.4419'30"E.
PG - PAGE 4 35.00 25'11`05- 15.38 7.82 15.26 S.12.36'02"W.
5 35.00 24'43'42- 15.11 7.67 14.99 S.51'2412'16.
NOTE: 8 89.00 4810'38' 75.09 39.95 72.89 S.38'35'44'W.
I. SURVEY NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ,
,,.�. � : ���ki� y, 2 OF 2
SECTION 19 8 30,TOWNSHIP 48 SOUTH,RANGE 28 EAST DATE:5118%2V14 " A SURVEY
Ag '' FILL CE-LOS-IGL
REVISIONS: DRAWN DESCRIPDON DATE •
DIVIERSIFIED SLMVEYNG 1 RLH REVISED ENiD"! !/30/4013 .
4 RUI MEWED SIRRND3T SNORT 5/18/4014
1939 DANA DRIVE, FORT MYERS, FL 33907 ;y.
FLORIDA PROFESSIONAL SURVEYO}i AND.^ZAPPER
PHONE: 239.895.1053 LB # 7935 •. „� _