Addies's Corner THIS INSTRUMENT PREPARED BY&RETURN TO:
NAME: Creekside West,Inc.
ADDRESS: 2600 Golden Gate Parkway
Naples, FL 34105 INSTR 5434432 OR 5419 PG 2730
RECORDED 7/27/2017 12:43 PM PAGES 8
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
PARCEL LD. # 00188360002 COLLIER COUNTY FLORIDA
00190040802 DOC@.70$0.70 REC$69.50
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this 15th day of
June 2017, by Creekside West, Inc. (hereinafter Creekside West), as Grantor, whose
address is 2600 Golden Gate Parkway, 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, Creekside West 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
Creekside West; 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. Creekside West, 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. Creekside West, 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, seal-d aIV
delivered in the presence of:
WITNE o •• ; - Creekside West, Inc.
i /Eoa Florida Corporation
r 4'y
Printed Name: TRIP ..CA
�`— ,`' By: 0.4..11,16,4% Ge l'''. ►
Printed N.me: RSow 11441r2l- Ar
Bradley A. Bo.'-, CFO Barron C•Hier
Management, LLC as Aut • . ed Agent for
Creekside West, Inc.
Revised 7/28/14 3
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing instrument was subscribed, sworn and acknowledged before me this
15th day of June, 2017, by Bradley Boaz, CFO of Barron Collier Management,
LLC as Authorized Agent for Creekside West, Inc., a Florida Corporation, and who is [kK
personally known to me or [ ] who produced as identification.
.Ya,7�y • SABINA E HARDY
,,,.V,;1 MY COMMISSION k FF 189689
r..' : EXPIRES:January 14,2019
PF Bonded ThruNotary PuWicUnderw9ers NOTARY PUBLIC
Printed Name: :.57Ns/14.4 E. W.skri
My Commission Expires:
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:� � -0,
p��r .. ei
Deputy CEOs,- Penny Taylor , ChaL,e2'rperson
Attest as to Chairman's t
signature only.
Approved as to form and
legs ity:
- ,,,i,\,..1
L.61-fi A• ,S40"4...
Assistant County Attorney
CP\11-ENS-00442\4
APPROVED PURSUANT TO RESO. 2010-39
Revised 7/28/14 4
EXHIBIT"A"
Stantec
5801 Pelican Bay Boulevard, Suite 300, Naples,FL 34108
Legal Description
Of part of Section 22, Township 48 South,
Range 26 East,
Collier County, Florida
(Addie's Corner Parcel as provided)
PARCEL 1:THE NORTH 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION
22,TOWNSHIP 48 SOUTH,RANGE 26 EAST, LESS AND EXCEPT THE SOUTH 100 FEET THEREOF,COLLIER
COUNTY,FLORIDA.
PARCEL 2:THE SOUTH 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION
22,TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA,LESS AND EXCEPTING THE SOUTH
100 FEET THEREOF.
PARCEL 3:THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST
1/4 OF SECTION 22,TOWNSHIP 48 SOUTH,RANGE 26 EAST,LESS AND EXCEPT THE SOUTH 100 FEET
THEREOF,COLLIER COUNTY,FLORIDA.
LESS AND EXCEPTING THE FOLLOWING DESCRIBED LANDS FROM SAID PARCELS 2 AND 3:A PARCEL OF
LAND LOCATED IN A PORTION SECTION 22,TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY,
FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCE AT THE SOUTHEAST
CORNER OF SECTION 22,TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA;THENCE
RUN N.89°57'31"W.,ALONG THE SOUTH LINE OF SAID SECTION 22 FOR A DISTANCE OF 660.31 FEET TO A
POINT ON THE EAST LINE OF THE WEST HALF OF THE SOUTH EAST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 22;THENCE RUN N.00°44'46'VV.,ALONG SAID EAST LINE FOR A DISTANCE OF
100.01 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF IMMOKALEE ROAD,A PUBLIC RIGHT-OF-
WAY OF VARYING WIDTH,THE SAME BEING A POINT 100.00 FEET NORTH OF AS MEASURED AT RIGHT
ANGLES TO THE SOUTH LINE OF SAID SECTION 22,THE SAME BEING THE POINT OF BEGINNING OF THE
PARCEL OF LAND HEREIN DESCRIBED;THENCE RUN N.89°57'31"W.ALONG THE NORTH RIGHT-OF-WAY
LINE OF SAID IMMOKALEE ROAD PARALLEL TO THE SOUTH LINE OF SAID SECTION 22,FOR A DISTANCE OF
824.90 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE EAST HALF OF
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 22;THENCE RUN N.00°38'21"
W.ALONG SAID WEST LINE,FOR A DISTANCE OF 43.75 FEET;THENCE RUN N.85°07'28"E.FOR A DISTANCE
OF 826.89 FEET TO A POINT ON SAID EAST LINE;THENCE RUN S.00°44'46"E.,ALONG SAID EAST LINE FOR A
DISTANCE OF 114.63 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
PARCEL 4:THE SOUTH 100 FEET OF THE NORTH 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 22,TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA.
CONTAINING 21.83 ACRES MORE OR LESS
Subject to easements and restrictions of record.
Bearings are based on State Plane Coordinate System NAD83, US Florida East.
c¢rtficate of authorization#LB-7866
Stanlec Consulting Services, Inc.
• ° 'Registered Engineers and Land Surveyors
By March 22, 2017
t';'• Larlce-T Miller Professional Surveyor and Mapper#LS5627
tjA/f-y
,Npt valid unless embossed with the Professional's seal.
Ref. 215613408-SK02
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EXHIBIT"B"
Stantec
5801 Pelican Bay Boulevard, Suite 300, Naples, FL 34108
Legal Description
Of part of Section 22, Township 48 South, Range 26 East
Collier County, Florida
Conservation Easement
All that part of Section 22, Township 48 South, Range 26 East, Collier County, Florida, being
more particularly described as follows:
COMMENCING at the Southeast corner of said Section 22, thence along the South line of said
Section 22, North 89°57'31"West 1,191.26 feet;
Thence leaving said South line, North 00°00'00"West 833.07 feet to the POINT OF
BEGINNING of the parcel herein described;
Thence North 90°00'00"West 178.94 feet;
Thence 6.00 feet along the arc of a tangential circular curve to the right, concave Northeast,
having a radius of 18.00 feet through a central angle of 19°05'28 being subtended by a chord
bearing North 80°27'16"West 5.97 feet to a point of reverse curvature;
Thence 27.32 feet along the arc of a circular curve to the left, having a radius of 82.00 feet
through a central angle of 19°05'28" being subtended by a chord bearing North 80°27'16"West
27.20 feet;
Thence North 90°00'00"West 55.99 feet;
Thence North 00°37'08"West 458.72 feet;
Thence North 89°54'10" East 127.90 feet;
Thence South 89°59'22" East 331.65 feet;
Thence South 00°00'00" East 145.54 feet;
Thence North 90°00'00"West 186.96 feet;
Thence South 00°00'00" East 318.81 feet to the POINT OF BEGINNING.
Containing 3.49 acres, more or less.
Subject to easements and restrictions of record.
Certificate of authorization#LB-7866
Sta+atec Consulting Services, Inc.
Registered Engineers and Land Surveyors
By October 18, 2016
Lane T Miller, Professional Surveyor and Mapper#LS5627
Not valid unless embossed with the Professional's seal.
Ref.,216613408-SK01
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