FPL Golden Gate Service Center THIS INSTRUMENT PREPARED BY&RETURN TO:
NAME: SETH S. SHEITELMAN, ESQ.
ADDRESS:
FLORIDA POWER&LIGHT COMPANY INSTR 5393111 OR 5384 PG 953
RECORDED 4/19/2017 8:26 AM PAGES 8
700 UNIVERSE BOULEVARD DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
JUNO BEACH, FL 33408 COLLIER COUNTY FLORIDA
DOC@.70$0.70 REC$69.50
PARCEL I.D. #:A PORTION OF 37931160008
SPACE ABOVE THIS LINE FOR RECORDING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this 31't day of Aw yy as f, 2016,
by Florida Power & Light Company, a Florida corporation (herein6fter "FPL" or
"Grantor"), whose address is 700 Universe Boulevard, Juno Beach, Florida 33408,
Attention Corporate Real Estate Department, 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 depicted on the attached
Exhibit"B" ("Easement Property").
NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier
County as follows:
1. Grantor, its successors, heirs, assigns and/or transferees, hereby grants a non-
exclusive easement to Collier County over and across the Easement Property described
on attached Exhibit "B" for the purpose of conservation. Collier County shall have no
responsibility for maintenance of the Easement Property.
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
Revised 7/28/14 1
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 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 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 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.
Revised 7/28/14 2
9. This 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 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 Easement be
perpetual.
11. If any provision of this Easement or the application thereof to any person or
circumstances is found to be invalid, the remainder of the provisions of this Easement
shall not be affected thereby, as long as the purpose of this Easement is preserved.
12. Enforcement of the terms, provisions and restrictions of this 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 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 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: Florida Power & Ligh ornp ,
a Florid c porati•
if
frl By:
Pr' ted Name: Sam in Name: Dea Girard
C, c, Title:
Printed Name: c, isc= 4. Oo^-'O --r-I
Revised 7/28/14 3
STATE OF FLORIDA )
COUNTY OF COLLIER )
Thi foregoing nstrument was subscribed, sworn and acknowledged before me this
' day of �luo , 2016, by Dean J.Girard
as DkNOCOMOtateReal for Florida Power & Light Company, a Florida
corporation, and who is V] personally known to me or [ ] who produced
as identification.
raper°Oa Notary Public State of Florida<F. tta R
^ ai4.1* -*°°
Michelle M Kahmann U ,/
@Q W1yCe;O$/1 /2O1on 1483 NOTARY PUBLIC
�ornd'' Expires 09/18/2019
Printed Name: Michelle M.Kamm
My Commission Expires:
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
4
; Ci'S Pen•• l a '�
iCeetitt 4
A m�
, ChairmanRO ' °lgl14ia
Approved as to form and 1o.yoi +Y
&,,o* A. S+o,ng
Assistant County Attorney
CPA 1-ENS-00442\4 TO RESO. 2010-39
APPROVED PURSUANT
Revised 7/28/14 4
Exhibit"A"
Legal Description and Sketch (survey) of the Property_
The East 180 feet of Tract 102 and all of Tracts 121 and 122, GOLDEN GATE
ESTATES, UNIT NO. 26 according to the Plat thereof, as recorded in Plat Book 7,
Pages 15 and 16, of the Public Records of Collier County, Florida, LESS AND EXCEPT
therefrom those portions of Tracts 121 and 122 as described on the Order of Taking by
Collier County, as recorded in Official Records Book 4944, Page 1678, of the Public
Records of Collier County, Florida.
Revised 7/28/14 5
Exhibit "A"
Sketch (survey) of the Property
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Exhibit "B"
Legal Description and Sketch of the Easement Property
SKETCH AND DESCRIPTION
CONSERVATION EASEMENT
F.P.L.GOLDEN GATE SERVICE CENTER
(P.B.7,PG.15,C.C.R.)
NAPLES,COLLIER COUNTY,FLORIDA
LEGAL DESCRIPTION:
A portion of the East 180 feet of Tract 102 and Tract 121, GOLDEN GATE ESTATES, UNIT NO.
26 according to the Plat thereof, as recorded in Plat Book 7, Pages 15 and 16, of the
Public Records of Collier County, Florida, described as follows:
BEGIN at the Northwest corner of said Tract 121, said corner also being the Northeast corner
of aforesaid Tract 102; thence N89'30'49"E along the North line of said Tract 121, a
distance of 8.68 feet; thence S50'48'58"W, 8.05 feet; thence S65'06'27"W, 23.12 feet;
thence S48'40'11"W, 42.51 feet; thence S89'00'14"W, 51.00 feet: thence S72'58'07"W, 31.44
feet; thence S89-57'55"W, 48.06 feet to the West line of the East 180 feet of said Tract
102; thence N0029'07"W along said West line of the East 180 feet of said Tract 102, a
distance of 51.40 feet to the North line of said Tract 102; thence N89'30'27"E, along said
North line of Tract 102, a distance of 180.00 feet to the POINT OF BEGINNING.
Said lands situate and being in Naples, Collier County, Florida and containing 7,216 square
feet (0.1657 acres), more or less.
SURVEYOR'S REPORT:
1. Reproductions of this Sketch are not valid without the signature and the original raised
seal of a Florida licensed surveyor and mapper.
2. No Title Opinion or Abstract to the subject property has been provided. It is possible
that there are Deeds, Easements, or other instruments (recorded or unrecorded) which
may affect the subject property. No search of the Public Records has been made by
the Surveyor.
3. The land description shown hereon was prepared by the Surveyor.
4. Data shown hereon was compiled from instrument(s) of record and does not constitute
a boundary survey.
5. Abbreviation Legend: B.C.R. = Broward County Records; C.C.R, = Collier County
Records; F.P.L. = Florida Power & Light Company, Lot = Latitude; Long = Longitude;
NAD = North American Datum; P.B. = Plat Book; PG. = Page; P.L.S. = Professional
Land Surveyor; P.O.B. = Point of Beginning.
CERT IF(CATION:
I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property
is true and correct to the best of my knowledge and belief as prepared under my direction.
I FURTHER CERTIFY that this Sketch and Description meets the Standards of Praci;gp,,, t •
forth in Chapter 5J-17.050 through 5J-17.052, Florida Administrative Code. pub •.,
Section 472.027, Florida Statutes. ;*
Date: 8/27/2016
MICHAEL D. AVIROM, P.L.S.
Florida Registration No. 3268 :,, ;
AVIROM & ASSOCIATES, INC. "Wxctir;�
L.B. No. 3300
REVISIONS AVIROM&ASSOCIATES,INC. JOB 9835-3
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Revised 7/28/14 7
Exhibit "B"
Sketch of the Easement Property
SKETCH AND DESCRIPTION
-'‘.-
CONSERVATION EASEMENT
F.P.L.GOLDEN GATE SERVICE CENTER
(P.B.7.PG.15,C.C.R.)
NAPLES.COLLIER COUNTY.FLORIDA
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GOLDEN GATE ESTATES UNIT 26 m¢
GRAPH �SCCALE" _I FEET PLAT BOOK 730' , PAGE. 15, G.C.R.SCAN$$30'48'E C7d
8.58' ' NORTH
KO.B � LINE OF
.
TRACT 121
NORTHWEST CORNER TRACT 121
NORTHEAST CORNER TRACT 102 1
N8230'27"E 180.00' V
LL._m
o NORTH LINE 's.5048 5B W
'n OF TRACT 102 8.05
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—548.4011"W N
42.51' •
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31.44' 51.00'
EAST 180' I 0W�
OF TRACT 102 uo
0
Um
TRACT 102 w1.
GOLDEN GATE ESTATES UNIT 26 oa
CERTIFICATION' PLAT BOOK 7, PAGE. 15, C.C.R.
I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property
is true and correct to the best of my knowledge and belief as prepared under my direction.
I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set
forth in Chapter 5J-17.050 through 5J-17.052, Florida Administrative Code, pursuo5t„1.4
Section 472.027, Florida Statutes.
8272016 QQliF '-- .
Date: f f ---- t�""'� 4 ..
. i'='= ::
MICHAEL D. AVIROM, P.L.S. '"'` `32r '-•
Florida Registration No. 3268 '; 4,,Z:"7..i.a,.-
AVIROM & ASSOCIATES, INC. •....' ; 4. :.,
L.B. No. 3300 : .: `:
REVISIONS AVIROM&ASSOCIATES,INC. JOBIA 9835-3
R04 to Oma East 0,/27/2010 :As 3.00 SURVEYING&MAPPING SCALE: 1'`97
Q. '4. 50 S.W..2nd AVENUE,SL4TE4 02 DATE: 0fi1171EQTB
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Revised 7/28/14 8