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Habitat for Humanity THIS INSTRUMENT PREPARED BY&RETURN TO: NAME: W. Jeffrey Cecil,Esq. ADDRESS: 9132 STRADA PLACE INSTR 5840711 OR 5737 PG 2558 THIRD FLOOR RECORDED 3/10/2020 4:54 PM PAGES 9 NAPLES,FL 34108 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA PARCEL I.D. PART OF#00428200408 DOC@.70$0.70 REC $78.00 SPACE ABOVE THIS LINE FOR PROCESSING DATA I SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this E day of February 2020, by Habitat for Humanity of Collier County, Inc., a Florida not-for-profit Corporation (hereinafter "Habitat"), as Grantor, whose address is 11145 Tamiami Trail East, Naples, FL 34113, 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, Habitat 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 Habitat; 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. Habitat, 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. 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, Revised 2/13/2019 1 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. Habitat, 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. 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 2/13/2019 2 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: Habitat for Humanity of Collier County, Inc. a Florida not-for-profit Corporation Print • . It4AVA Fiat By: Printed Name: ,16x0 0li- 2ocCt Nicholas Kouloheras, President Revised 2/13/2019 3 STATE OF • ♦_ k .... COUNTY OF w_ ' i SWORN TO and subscribed before me by,means ofr2 physical presence or 111online notarization this day of -V Q.5pf v.cAr-v , 2020, by ‘(--V, \0\4. KOkA\c - c U . Such person(s) Notary Public must check applicable box: Mare personally known to me. ❑ produced her current driver license. ❑ produced as identification. -... --(iAr-i (Notary C)\________ NQ E., AMY ELIZABETH LEVITRE NotaryPublic 1.-e-;.,--N-.\ Notary Public-State of Florida � Commission:GG 193799 Printed Name of Notary: M ..1ti� "'Fo o My Comm.Expires Jul 4,2022 Commission Number: GG (�'3r]�a Bonded through National Notary Assn. ( �(, 130:) ,.. STATE My Commission Expires: I or STATE OF COUNTY O The foregoing in ument was acknowledged before me by means of❑physical presence ❑online notarization this day of , 2020, by . Such person(s) Notary Public must chec' plicable box: AELare personally known to me. N 111prod ed her currentdriver license. 111 produced. ' as identification. (Notary Seal) Notary Publi Printed Name o • otary: Commission Numbe My Commission Expires. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYS'Ab KrIrKINZEL, CLERK COLLIER COUNTY, FLORIDA 6,1 •, - By: _�L� � r QST�S "� ,Clerk Burt L. Saunders, Chairman (e)1,,: ;Sig nafu#a AppXep asocxrn and legality: S. ar, Assistant County Attorney l ct 1 0J' a EXHIBIT "A" The NW 1/4 of the NW 1/4 of the NE 1/4, less the South 30 feet, in Section 17, Township 50South, Range 26 East, Collier County, Florida. , . ., a ! ;.if- il! a ,:-.. i i ; f i il4 li ii i!-: fii i I 1 , /5 • ;;I, '-d5 1 5 1 1 1‘'' .-. ; d, , d -,t4 ill :, 1 1, I if a .,i t iv =it l• .. t. ,1 ,,, i t i,.= a .v.-!-! - i i.•.. ii :-.. ;0. iv,,e 1! i- • = , ? i ...1 • it !a! ,If- - .,,, , Hi , 2! : -,1 ,,,,,, q , , i F, f, . i5 i.. ..:0 ; ';4:., i, " ,, 1400.191919 437.2elto " .,•:L,, a; ° li ; •I ...5 337 I ; • i 3 g: % '. E: '1 ' i(/ .... q ' ' -.; =I , 1 11 il 'f' . i '''. 1 ! !( i 13, 1 a; a ' 1\": -%-' 1 ' •''',`,- - -•:, 1, z 1 = -, a ':.! ik sf ; . li'. 1, d -.,7„. i" t • f.; ; i...,7 a i - ' ; I ' , --,.',,,, 1 s IA .,1 iz : $ ;; „t ,,. , 1 , . --_-. . ,.., a,. 1a i ! t. _ , c . .11 'I iih!,..s;-', ;-1-, r-i• ‘, ' , , - -• . - 1 [ 3lasOD 532353 ', , S':• 1 3 ' . , ' ;31335' '' It ! !, , ri ;.s, 1 ,! ,q. 13 • 3.,•1 i Tr., ; ',' 5 ' ,373 PW ! WW S t ,; iii ...4 755t .g . 1 1 ,-, ' ' .. ;1 V ''.i ' —l• 33 i 1! f '„ ( ' k:1 g ' I '--I3 , 3...• , . ,. ._ __ L J _ ii 01 , III' •: - , ' ...,.. 01 4.1... ra,...,_ .. .__ -'- :''' . :„.."P '_!, . •a., 0,. 331 I. 4, I i ,, .,, _:',...,'• , ' ' a', - ' , ,,, , • • ! 71-4 i 1 t — — a / — - / 1 0!: ,! - - , / - co ! " ! ' 1 , . ro . ! il/ I . t -•. ' ' t 1 .. t•k 4 'i -- 4- jt.r-.'„ r 70.' ',- II J., :: \i : a. I NI I . I >) . , 0 I ;! ' qy. 'I -r- - ar: $q“ t ''l k- ,': 'PARC° ''', p*,,- "•55 5 .3: 5 • 1'33'3 •Te.. 1 '''',3F5 SK.,I5 1.3, SS, 53 li - P V•5,]19: .r055113..-7-K- •• Iz:;33. •1111r •41 '35;;','S .,1 §., !",..c. t! r.,.. t ., 'bi;idd'e !" 5 ,' 5 7 .. • —If S5 365 ' .I3,3K' 05'. 55: 5' ' 7 7 50.701.1a19 03319'(C) . III --I/A1 '3;2- i.-. ''' •531 ','; Ss ' • . „ 55' p '353.341:33, 'j5-- C 13, SI '35 '' 333. I IS3 a , — I5 §., 37-33Z7 13.• .3,_ 3.55 51 ,i i, I . 0,,,, E- 5 ,3:.'3, .---•155555--- 51,— ---.,-,.„..., . —`- '5I•1x3. -535. 353, 3 . 35 SS 33 I - '•3',E_`,-.' - 5P 0. :V. , ...II!L ,-•,01I `--,,;I: ' ;I•ill.• .11[ -• , --1,,.. 0,!,..i...—_ A , H'. ,:':'Z *-4.,! , •n N. •5 CxUiy►T a Puy_ 1 1a Description Being a portion of the Northwest 14 of the Northwest 14 of the Northeast 14 of Section 17, Township 50 South, Range 26 East, Collier County, Florida being more particularly described as follows: Beginning at the North Quarter Corner of Section 17, Township 50 South, Range 26 East, Collier County, Florida; thence run South 88'57'23" East, along the North line of the Northeast 14 of said Section 17, for a distance of 484.09 feet; thence run South 00'19'39" East a distance of 167.84 feet; thence southeasterly along the arc of a tangential curve to the left with a radius of 10.00 feet, having a chord bearing of South 45'19'39" East and a chord distance of 14.14 feet, having a central angle of 90'00'00" and an arc length of 15.71 feet; thence run North 89'40'21" East, for a distance of 14.75 feet; thence southeasterly along the arc of a tangential curve to the right with a radius of 10.00 feet, having a chord bearing of South 45'19'39" East and a chord distance of 14.14 feet, having a central angle of 90'00'00" and an arc length of 15.71 feet; thence run South 00'19'39" East, for a distance of 41.49 feet; thence southwesterly along the arc of a tangential curve to the right with a radius of 10.00 feet, having a chord bearing of South 25'19'53" West and a chord distance of 8.66 feet, having a central angle of 51'19'04" and an arc length of 8.96 feet; thence southwesterly along the arc of a reverse tangential curve to the left with a radius of 62.00 feet, having a chord bearing of South 25'19'53" West and a chord distance of 53.69 feet, having a central angle of 51'19'04" and an arc length of 55.53 feet; thence run South 00'19'39" East, for a distance of 341.42 feet to its intersection with the northerly line of those lands described in Official Records Book 4566 at Page 2018 of the Public Records of Collier County, Florida; thence run North 89'00'48" West, along the northerly line of said described lands for a distance of 491.83 feet to its intersection with the West line of the Northeast 14 of said Section 17; thence run North 00'19'39" West, along the West line of the Northeast 14 of said Section 17 for a distance of 627.26 feet to the Point of Beginning. Containing 308,861.53 square feet or 7.09 acres more or less. Notes: 1. This is not a survey 2. Bearings shown hereon are based on the North line of the Northeast 1/4 of Section 17, Township 50 South, Range 26 East as being South 88'57'23" East as located in State Plane Coordinate System, Florida East Zone, NAD 83, 2007 adjustment. 3. No easement search or abstracting was done by the surveyor and note should be taken that this property is subject to any facts that may be revealed under a full and accurate title search. 4. All dimensions are in feet and decimals thereof, unless otherwise noted. 5. Subject to easement, reservation and restrictions of record. 6. This sheet is part of a 2 sheet set and should be considered incomplete without sheet 1 of 2. 1 JEYING Sketch and Description J� o ' y A Portion of Section 17 ��� ,, H Township 50 South Range 26 East a ILilirr•F- Z Collier County, Florida 41 MARCO SURVEYING & MAPPING CLIENT: Hogan Engineering 3825 BECK BOULEVARD SUITE 725 PROJECT#: P116 SUB PROJECT: Preserve Description NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER SHEET# DRAWING NO. \ WWW MARCO 026 OSUR VEYS.COM DJH 5/2018 N/A 18-328 2 of 2 1-106} FxNIahT "f?i I CURVE TABLE I CURVE RADIUS DELTA LENGTH 1 CHORD BEARING CHORD I CI 10.00' 90'00'00" 15.71' S45'19'39 E 14.14' C2 10.00' 90'00'00" 15.71' S45'19'39"E 14.14' POINT OF BEGINNING PARCEL NO. North 1/4 corner 00405320000 I C3 10.00' 51'19'04" 8.96' S25'19'53"W 8.66' of Section 17, Township 50 South, C4 62.00' 51'19'04" 55.53' S25'19'53"W 53.69' PARCEL Na /8Ran a 26 East 00402880006 9 S88°57'23"E 484.09' PARCEL NO. 00403480007 17 BASIS OF BEARING — — — — — — GRAPHIC SCALE v 0 50 100 200 coMMI co LL co ( IN FEET ) 1 1 inch = 100 ft. — 1 6 +I0 Za 0 0 0 Z N n 0 c, 02 0 UPLAND co. 2 (0.46 Ac.t) I N87°' 21"E I 14.75' I `N S00° 19'39"E ---/‘C.) CV 41.49' -co NW 1/4 OF T E NW 1/4 OF THE cn a, NE 1/4 LESS THE SOUTH 30 FEET I OF SECTION 1 TOWNSHIP 50 SOUTH, ED R' GE 26 EAST I Z (VACANT) I 57:6 WHITAKER ROAD P'RCEL: 00427040008 v PARCEL NO. pyo 00427240003 WETLAND No. 1 W s (5.92 Ac.±) M 1 1 O 0 I co I 1 I UPLAND No. 4 UP ND No. (0.29 Ac.t) 0.20 Ac.f) -- 10'D.E., AE, &M.E. r 1 0.R. 4566, PG. 2018 N89°00'48"W 491.83' Revisions: WHITAKER ROAD 11. Revised to show upland area breakdown 5-28-2018 D.J.H. 60'RIGHT-OF-WAY For the Exclosive Use Of: Hagan Engineering J�vEYIJVG Sketch and Description _ti. 1, A Portion of Section 17 t Township 50 South Range 26 East n a Iii -,c a Collier County, Florida ft ; I DavidJ. hij�a� P� 'Y � Florida Licen No. 5834 MARCO SURVEYING do MAPPING CLIENT: Hogan Engineering Not valid without the signature and 3825 BECK BOULEVARD #:1p116 SUB PROJECT: Preserve Description seal of the Florida Licensed SUITE 725 PROJECT Professional Surveyor and Mapper NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER SHEET if DRAWING N0. (239) 389-0026 Certificate of Authorization #7705. WWWMARCOSURVEYS.COM DJH 5/2018 1"=100' 18-328 1 of 2 1-106J