Conservation Easement
MEMORANDUM
TO:
Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
FROM:
Gary Bigelow, Property Acquisition Specialist
Real Estate Services
DATE:
August 9, 2006
RE:
ASR Well Site - Conservation Easement
Please find attached One (1) Conservation Easement for the above referenced project.
The Board of County Commissioners of Collier County, Florida approved the
recordation of same on September 14, 2004, as Item 16C9.
Please contact me if you have any questions or comments at X8780.
Thank you.
Attachments as stated
cc: Tax Appraiser's Office w/attachment
Tax Collector's Office w/attachment
Inventory File w/attachment
Retn:
RBAL BSTATB SBRVICBS
INTBROFFICB
A'fTN: TONI
3522215 OR: 3694 PG: 1158
RBCORDBD in the OFFICIAL RBCORDS of COLLIBR COUNTY, FL RBC FBB
12/10/2004 at 09:43AK DWIGHT B. BROCK, CLBRK DOC-.70
COPIES
35.50
.70
4.00
CONSERV ATION EASEMENT
STATE OF FLORIDA
COUNTY OF COLLIER
KNOW ALL PERSONS BY THESE PRESENTS THAT in consideration for the
issuance of State of Florida Department of Environmental Protection Permit Number 11-
0229854-001 issued pursuant to the requirements of Chapter 373, Part IV, FIOlida Statutes, and
Section 62-343, Florida Administrative Code to the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY
OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT (hereinafter referred to as "Grantor") on
this (lt1"\ day of ~m;~~~ It , 2004 has granted to the State of Florida Department of
Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida (Grantee), a
Conservation Easement in accordance with Section 704.06, Florida Statutes (1987), in and over
the real property in Collier County, Florida, as set forth in the legal description attached hereto as
Exhibit A.
As used herein, the term Grantor shall include any successor or assignee of the Grantor,
and the term Grantee shall include any successor or assignee of the Grantee.
It is the purpose and intent of this Conservation Easement to assure that the subject lands
will be retained and maintained, forever predominantly in the natural vegetative and hydrologic
condition existing at the time of execution of this Conservation Easement. The included
wetlands which are to be enhanced or created shall be maintained or retained, forever in the
enhanced or created conditions required by the aforementioned permit.
Except for such specific activities as authorized pursuant to Department of Environmental
Protection Permit No. 11-0229854-001, including but not limited to creation, enhancement and
maintenance of wetlands as specified mitigation in said permit, the following activities are
prohibited on the property subject to this Conservation Easement:
1. Construction or placing of buildings, roads, signs, debris, billboards or other
advertising, utilities, or other structures on or above the ground;
2. Dumping or placing of soil or other substances or material as landfill, or
dumping or placing of trash, waste, or unsightly or offensive materials;
3. Removal or destruction of trees, shrubs, or other vegetation; with exception of
nuisance and exotic plant species. The easement shall be maintained free of
nuisance and exotic plant species in perpetuity;
4. Excavation, dredging or removal of loam, peat, gravel, soil, rock or other
material substance in such manner as to affect the surface;
5. Surface use except for purposes that permit the land or water area to remain
predominantly in its natural condition;
6. Activities detrimental to drainage, flood control, water conservation, erosion
control, soil conservation or fish and wildlife habitat preservation;
7. Acts or uses detrimental to such aforementioned retention and maintenance of
land or water areas; and
8. Acts or uses detrimental to the preservation of any features or aspects of the
property having historical, archaeological or cultural significance.
1
THJS CONVEYANCE APPROVED BY THE
BOARD OF COUNlY COMM1SS1ONERS.
COLL.teR COUNTY, FlORIDA,
PURSUANT TO THE PROVI8toN8 .
Of A6lNbf\ 'C-Q.k ~ C1 ,..-f l(--I..LL-
fltC-Ci
OR: 3694 PG: 1159
It is understood that the granting of this Conservation Easement entitles the Grantee or its
authorized representatives to enter the above-described land in a reasonable manner and at
reasonable times to assure compliance.
The Grantor on behalf of itself and its successors or assigns hereby agrees to bear all costs
and liability relating to the operation and maintenance of the lands subject to this Conservation
Easement in the natural vegetative and hydrologic condition existing at the time of execution of
this Conservation Easement, including the maintenance of enhanced or created wetlands in the
vegetative and hydrologic condition required by the aforementioned permit, and Grantor does
hereby indemnify and hold harmless the Grantee from same. The Conservation Easement hereby
granted and the obligation to retain and maintain the land forever predominantly in the vegetative
and hydrologic condition as herein specified shall run with the land and shall be binding upon the
Grantor and its successors and assigns, and shall inure to the benefit of the Grantee and its
successors and assigns.
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 for
such enforcement actions shall lie exclusively in the circuit court of the Second Judicial Circuit,
in Leon 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 vegetative and
hydrologic condition required by the aforementioned permit. These remedies are in addition to
any other remedy, fine or penalty which may be applicable under Chapters 373 and 403, Florida
Statutes.
Any forbearance on behalf of the Grantee to exercise its rights in the event of the failure
of Grantor to comply with the provisions of this Conservation Easement shall not be deemed or
construed to be a waiver of the Grantee's rights hereunder in the event of any subsequent failure
of the Grantor to comply.
l}\ WITN.ESS WHEREOF, Grantor has hereunto set Grantor's hand and seal on this 1 It..
day of ~ 2004.
,,\~' ,,,. i ld IlIlf "t,
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.......:... . .."':;....'-
BOARD OF COUNTY COMMlsSlONERSOF "~.
COLLIER COUNTY, FLORIDPf, AS THE "
GOVERNING BODY OF COLlJ~R COUNTY AND
AS EX-OFFICIO THE GOVER~JNG BOARD OF
THE COLLIER COUNTY WATE~-SEWER~.
:~STRICT ~~ ~~
DONNA IALA, CHAIRMAN
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",'.\\' ,/
~ ed as to forti' lt911 suffic1enc:J
tI.I- \::t u./~
~ Assistant CountJ Attorney
, Ellen T. Chadwell
2
OR: 3694 PG: 1160
WILLOUGHBY ACRES
ASR WELL PRESERVE
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*****NOT A FIELD :SURVEY*****
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DESCRIPTION: ASR WEll PRESERVi;;,"SRETS:;H AND DESCRIPTION
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CLIENT: COLLIER COUNTY
30AUG04
15SEP04
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55555513RUNDAGE,IIIC, D.E.R - SOUTH DISTRICT
Professional engineers. planners, & land surveyors
cow.. CoWllt,y: Sulto 200, 7~ TamIamI Troll. NorII>; Napl.., PI. 84108 (N1)GII7-S111
LH COWllt,y: Sulto 101, 111211 H""dry street. Fort 1f7en. PI. SSU01 (N1)SS7-S111
Cert.I1Io.to of ~uthorlAUo.. No.. LB _ ...4 BII see~ Fu: (U~1)ll84I-220S
SEP 1 5 2004
DA"T€': JULY 7. 1504
7969
NO: 8683
- _.~---~--
*** OR: 3694 PG: 1161 **~
LEGAL DESCRIPTION
ALL THAT PART OF THE NORTHWEST 1/4 OF SECTION 19 TOWNSHIP 48 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A NORTHWEST CORNER OF TRACT LB4 (L.B,E.) OF CARL TON LAKES
UNIT 3 ACCORDING TO THE PLAT THEREOF AND AS RECORDED IN PLAT BOOK 34
PAGES 66 THROUGH 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA SAID
CORNER ALSO LYING ON THE WEST LINE OF THE NORTHWEST 14 OF SAID SECTION 19;
THENCE NORTH 89' 00'54" EAST ALONG THE NORTHERLY LINE OF SAID TRACT LB4
(L.B.E.) A DISTANCE OF 32.37 FEET;
THENCE LEAVING SAID LINE NORTH 0'59'06" WEST A DISTANCE OF 20,09 FEET TO THE
POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE NORTH 88'59'55" EAST A DISTANCE OF 229.08 FEET;
THENCE NORTH 52'26'48" EAST A DISTANCE OF 21,61 FEET;
THENCE NORTH 01'19'42" WEST A DISTANCE OF 226.91 FEET;
THENCE NORTH 26'16'06" WEST A DISTANCE OF 75.96 FEET;
THENCE NORTH 57"27'25" WEST A DISTANCE OF 53.40 FEET;
THENCE SOUTH 77"20'34" WEST A DISTANCE OF 8,58 FEET;
THENCE SOUTH 89'08'07" WEST A DISTANCE OF 129,52 FEET;
THENCE NORTH 0'51'53" WEST A DISTANCE OF 18,61 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 3.00 FEET;
THENCE NORTHERLY NORTHWESTERLY WESTERLY AND SOUTHWESTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 119'16'40" AN ARC DISTANCE OF 6.25
FEET;
THENCE SOUTH 59'51'27" WEST A DISTANCE OF 55,31 FEET;
THENCE SOUTH 0'49'46" EAST A DISTANCE OF 166,35 FEET;
THENCE NORTH 89'03'40" EAST A DISTANCE OF 26.72 FEET;
THENCE SOUTH 42'41'01" EAST A DISTANCE OF 19.38 FEET;
THENCE SOUTH 0'54'18" EAST A DISTANCE OF 28.00 FEET;
THENCE SOUTH 41'46'24" WEST A DISTANCE OF 23.73 FEET;
THENCE SOPUTH 0'43'22" EAST A DISTANCE OF 104,60 FEET TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 1.92 ACRES OF LAND MORE OR LESS, (83505 S,F.);
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
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CARL TON LAKES BOULEVARD
(TRACT "R")
CARL TON LAKES UNIT NO. 2
TRACT "LB4"
SOO'S9'06"E IS.00
N89'OO'S4"E 400.00
EXISTING SAMPLE PROPOSED
POINTS )
PROPOSED WELL (TYP.
2" PVC WA TER
SERVICE (TYP.)
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L2
L3
L4
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L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
PRESERVE
(1.92 ACRES ::1:)
L6 <'~
EXISTING WELL
(FENCED)
L1
LINE TABLE
LENGTH
32.37
20.09
18.61
5S.31
166,35
26.72
19,38
28.00
23.73
104.60
229.08
21.61
226.91
75.96
53.40
8.58
129.52
CHORDBEARING
N60'30 13 W
BEARING
N89'OO'S4"E
NOO'59'06"W
NOO'SI'53"W
S59'51'27"W
500'49'46"E
N89'03'40"E
S42'41'OI"E
SOO'S4'18"E
S41'46 '24"W
SOO'43'22"E
N88'59'55"E
N52'26 '48 "E
N01'19'42"W
N26'16'06"W
N5T27'25"W
S7T20'34"W
S89'OB'07"W
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GENERAL NOTES:
1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF,
2, BEARINGS ARE BASED ON THE WE5TERL Y LINE OF THE
NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
BEARING NORTH 00'59'06" WEST.
r EXISTING MONITOR
. WELL (TYP.)
P.D.B.
L11
TRACT "LB4" (15' L.B.E.)
P.O,C, ,,, POINT OF COMMENCEMENT
""'\.
P,O.B. = POINT OF, BEGINNING
. SHEET 20f 2
****r*NOT A FIELD'SURVEY*****
DESCRIPTION: A$R WELL PRESERVE SKtTCH AND DESCRIPTION
CLIENT: COLI,.IER COUNTY
.'
S89'00 54 W 440.00
P.D.C.(NW CORNER OF TRACT "LB4")
PREPARED BY:
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=====iDARBER &
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...... UNDAGE,lIlc.
Professional engineers, 1t\xB.ea Jc~~11'T
Cow... CoUDt:f: llu1to 200, 7400 ~If;.oll. Mhr."~, WN~I7-al11
Leo COUDt:f: llu1to 101, U2D Honc1r7 _to rort 1I;1oro, FL aallOl (1H1)aa7-a1l1
CorWloato of ~uthorlu.Uo" No.. UI _ oncI lIB _. rox: (8u)DOll-220a
30AUG04
15SEP04
/Il~ .
W. :HACK.N . , P,S.M. NO. 5606
1" = 150', DATE: JULY 7. 1504
DRAWN 'BY: GWH PROJECT NO.: 7969
ACAD NO: 8683 . SDi FILE NO: 8683
SEP 1 5 2004
BY:
R~~I~~~D
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