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Beraca Baptist Church, Inc. THIS INSTRUMENT PREPARED BY&RETURN TO: NAME: BERACA BAPTIST CHURCH,INC. ADDRESS: P.O.BOX 922 IMMOKALEE,FL 34143 INSTR 5909679 OR 5803 PG 555 RECORDED 8/17/2020 4:43 PM PAGES 9 PARCEL I.D. #00071840008& 00072800005 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@.70$0.70 REC $78.00 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT ) THIS CONSERVATION EASEMENT given this I lv day of July, 2020, by BERACA BAPTIST CHURCH, INC., a Florida not-for-profit corporation, (hereinafter Beraca), as Grantor, whose address is P.O. Box 922, Immokalee, FL 34143, 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, Beraca 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 Beraca; 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. Beraca, 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. 1 Revised 2/13/2019 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. Beraca, 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. 2 Revised 2/13/2019 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, sealed and delivered in the presence of: WITN SES: BERACA BAPTIST CHURCH, INC. a Florida not-for-profit corporation Prin d Name: Ma+"i ' I)e5)-joe A,QA , • By 4M j /A Printed Name: ererc ,i1 C I4r - EVENS SAINT L O U I S , Pastor/President 3 Revised 2/13/2019 STATE OF FLORIDA ) COUNTY OF C--GE-LIE-R ) i4cND2�'� The forego foregong instrument was subscribed, sworn and acknowledged before me by means of [ physical presence or [ ] online notarization, this 1 Li day of 1-(41y , 2020, by EVENS HINT LOUIS, as Pastor/President for BERACA BAPTIST CHURCH, INC., who is personally known to me or [ ] who produced as identific tion. 4RY PU �•e. KERENSA M. CLARK > _° „`�i Notary Public-State of i del `//� •: �! n •@ Commission# FF 985208 i. f 4, .t _ ob p,` My Comm.Expires Aug 14,2020' NOTARY PUBLIC i :":"4:4Tmi,\I(*Isss..,(tded..throfhlati...on,allolar_y Assn. + /$ _ Printed Name: )� erelsa Ah - C .�.rii— My Commission Expires: Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K.'KINZEL,,CLERK COLLIER COUNTY, FLORIDA r . By: Caw i s- t0�' . Ass."7:„.": "...4,1„,,..- _ . Dip. , , lad , , 'bud_ L. iltic krS , Chairperson Attest as- a an s signature only. Approved as to form and Qal sufficie y: rekfl. Perry Assistant County Attor ey CP\11-ENS-00442\4 4 Revised 2/13/2019 EXHIBIT "A" Section 31 , Township 46 South, Range 29 East, Collier County, Florida. . SITE 3702 Lake Trafford Road, Immokalee, Florida 34142 LEGAL DESCRIPTION : Parcel 1: (O.R.B. 5337, Pg. 1374) Commencing at the Northwest corner of Section 31, Township 46 South, Range 29 East, Collier County, Florida, run South 84 degrees 45 minutes 30 seconds East 987.00 feet along the North line of said Section; thence South 00 degrees 49 minutes 30 seconds East 2160.96 feet to the Point of Beginning; thence continue South 00 degrees 49 minutes 30 seconds East 400.00 feet to the North right of way line of Lake Trafford Road (C-850); thence North 87 degrees 57 minutes 00 seconds West 200.00 feet along said right of way; thence North 00 degrees 49 minutes 30 seconds West 400.00 feet; thence South 87 degrees 57 minutes 00 seconds East 200.00 feet to the Point of Beginning. Parcel 2: (O.R.B. 5337, Pg. 1374) Commencing at the Northeast corner of Government Lot 1 of Section 31, continue along the Northerly boundary line of Section 31 South 84 degrees 45 minutes 30 seconds East 30.17 feet to a concrete monument; thence South 00 degrees 49 minutes 30 seconds East 2160.96 feet parallel with the East line of said Government Lot 1 to a concrete monument, said monument being 400 feet North of the North boundary line of State Road S-850, said point being the Point of Beginning; thence continuing along the same line South 00 degrees 49 minutes 30 seconds East 400 feet to a concrete monument on the Northerly boundary line of State Road S-850; thence South 87 degrees 57 minutes 00 seconds East along said Northerly boundary line of State Road S-850 150 feet to a point; thence North 00 degrees 49 minutes 30 seconds West 400 feet to a point; thence North 87 degrees 57 minutes 00 seconds West 150 feet to a concrete monument and the Point of Beginning. The above described parcel being a part of the Northwest 1/4 of Section 31, Township 46 South, Range 29 East. ABBREVIATIONS AND LEGEND: N_ NORTH SITE(PARCEL 1 and PARCEL 2, BOUNDARY LINE) S_ SOUTH E_ EAST CONSERVATION EASEMENT, BOUNDARY LINE W_ WEST AC._ ACRES CREEK O.R.B._ OFFICIAL RECORD BOOK P.G._ PAGE CONSERVATION EASEMENT P.O.B._ POINT OF BEGINNING Sq.Ft._ SQUARE FEET Page 1 of _Z. EXHIBIT "A" Section 31 , Township 46 South, Range 29 East, Collier County, Florida. . SITE 3702 Lake Trafford Road, Immokalee, Florida 34142 VICINITY MAP STI CI C E`�4 0 Z_Li_ < c, �_IIIII ... IIIIIIIIIIIII 0 to ... OO ... ,_ , .. Lu... ... _,, IN1111 PP- QPc� Q P .(211111111~� R �\ I Q� �� 3 Vill R;11i1a11111/ ,«<< Q_A «,4,,,,, /r \."-Q1 * ,Pc,O �� Q �Q� —w ¢ Q�G O o_'PC� g� Q� G w a O� �O J Q' C J 1111 6 U SITE- - _ -TAKE 1RAFFRO �O ARROWHEADF ESER E T T T 1 Q� Os LAKE TRAFFORDP E u PGA P.B.42, PAGE 94 r \ P SURVEYOR'S NOTES: THE NORTH ARROW AND BEARINGS AS SHOWN HEREON ARE BASED OF BEARINGS VALUE S84°45'30"E,ALONG THE NORTH LINE OF SECTION 31,TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. THE DESCRIPTION,SKETCH AND REPORT ARE NOT VALID UNLESS SIGNED AND SEALED BY FLORIDA LICENSED PROFESSIONAL LAND SURVEYOR. THIS SKETCH IS PREPARED FOR THE CONSERVATION EASEMENT PURPOSES AND CANNOT BE USED FOR ANYTHING ELSE. THE SIDE LINE OF ABOVE DESCRIBED EASEMENT SHOULD BE EXTENDED OR SHORTENED TO CLOSE AT ALL ANGLE POINTS OF CENTERLINE OR TO THE EXTENSION TO THE INTERSECTION TO LOTS OR RIGHT-OF•WA Y LINES AND AS SHOWN ON THE SKETCH. SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY: THAT THE"SKETCH OF VICINITY MAP"AND REPORT RESULTING THEREFOR WAS PERFORMED UNDER MY DIRECTION AND IS TRUE AND CORRECT TO " THE BEST OF MY KNOWLEDGE AND BELIEF AND FURTHER, THAT IT MEETS THE By: u.�-��i APPLICABLE PROVISIONS OF THE"STANDARDS OF PRACTICE FOR LAND SURVEYING Migue IN THE STATE OF FLORIDA", PURSUANT TO SECTION 5J-17.050 THROUGH 5J-17.052 OF Professional Surve • . • Mapper THE FLORIDA ADMINISTRATIVE CODE AND IT'S IMPLEMENTING LAW,CHAPTER No. 6594 State of Florida 472.027 OF THE FLORIDA STATUTES. Page Z Of Z. EXHIBIT "B" Section 31 , Township 46 South, Range 29 East, Collier County, Florida. . CONSERVATION EASEMENT AREA LEGAL DESCRIPTION : Beginning at the Northwest corner of Parcel 1, in Section 31, Township 46 South, Range 29 East, according to Official Recorded Book 5337 at Page 1374 of the Public Record of Collier County, Florida; thence run South 88 degrees 05 minutes 29 seconds East, along the North line of said Parcel 1, for 157.11; thence run South 33 degrees 38 minutes 25 seconds East for 11.94 feet; thence run South 08 degrees 00 minutes 16 seconds West for 7.83 feet; thence run South 25 degrees 30 minutes 14 seconds West for 10.17 feet; thence run South 74 degrees 43 minutes 48 seconds West for 11.21 feet; thence run North 85 degrees 13 minutes 40 seconds West for 27.81 feet; thence run South 66 degrees 04 minutes 12 seconds West for 9.09 feet; thence run South 08 degrees 10 minutes 00 seconds West for 9.04 feet; thence run South 19 degrees 44 minutes 06 seconds East for 22.49 feet; thence run South 02 degrees 56 minutes 57 seconds East for 10.00 feet; thence run South 35 degrees 27 minutes 06 seconds West for 15.27 feet; thence run South 74 degrees 25 minutes 48 seconds East for 14.41 feet; thence run North 88 degrees 09 minutes 21 seconds East for 19.13 feet; thence run South 00 degrees 10 minutes 58 seconds East, being a line 76 feet East and parallel to West line of said Parcel 1, for 89.43 feet; thence run North 88 degrees 05 minutes 29 seconds West, being a line 179 feet South and parallel to North line of said Parcel 1, for 76.05 feet; thence run North 00 degrees 10 minutes 58 seconds West, along the West line of said Parcel 1 for 179.12 feet to the Point of Beginning. Lying and being in Collier County, Florida. Containing 18287 square feet, or 0.42 Acres, more or less. ABBREVIATIONS AND LEGEND: N_ NORTH PARCEL 1, BOUNDARY LINE S_ SOUTH E_ EAST CONSERVATION EASEMENT, BOUNDARY LINE W_ WEST AC._ ACRES CREEK O.R.B._ OFFICIAL RECORD BOOK P.G._ PAGE CONSERVATION EASEMENT P.O.B._ POINT OF BEGINNING Sq.Ft._ SQUARE FEET Page I of 3. EXHIBIT "B" Section 31 , Township 46 South, Range 29 East, Collier County, Florida . . CONSERVATION EASEMENT AREA VICINITY MAP ~ r` :�IIIIIIIII CIR L 11� Z CD Ii�I'll NM CI O<QP' QQ� ¢ OZ E sTh 4 ,, , _ p UJ (),1111!�s11E3111111/ b• a Et CO Q,P �Q_ �-- w 1-1-1< (� ---- �� � P, cn z <c°'��\d- PGQ`�P w p F y 0 ---Y r) _-------\ 0\/ ''' ‘'(' co �J OJ w a i 1,... N J co P-Cw�� d U U C� � � CL a 0 SITE —TAKETRAFF ORD ROAIT � ARROWHEA SERE T Q' LAKE TRAFFOR E °Q ��P GQ- G P.B.42, PAGE 94 r IP P SURVEYOR'S NOTES: THE NORTH ARROW AND BEARINGS AS SHOWN HEREON ARE BASED OF BEARINGS VALUE S84°45'30"E,ALONG THE NORTH LINE OF SECTION 31,TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. THE DESCRIPTION, SKETCH AND REPORT ARE NOT VALID UNLESS SIGNED AND SEALED BY FLORIDA LICENSED PROFESSIONAL LAND SURVEYOR. THIS SKETCH CANNOT BE CONSTRUED AS A BOUNDARY OR RIGHT OF WAY SURVEY, IT IS PREPARED FOR THE CONSERVATION EASEMENT PURPOSES AND CANNOT BE USED FOR ANYTHING ELSE. THE SIDE LINE OF ABOVE DESCRIBED EASEMENT SHOULD BE EXTENDED OR SHORTENED TO CLOSE AT ALL ANGLE POINTS OF CENTERLINE OR TO THE EXTENSION TO THE INTERSECTION TO LOTS OR RIGHT-OF•WA Y LINES AND AS SHOWN ON THE SKETCH. SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY:THAT THE"SKETCH TO ACCOMPANY CONSERVATION EASEMENT AREA"AND REPORT RESULTING THEREFOR WAS PERFORMED UNDER MY DIRECTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND By: FURTHER, THAT IT MEETS THE APPLICABLE PROVISIONS OF THE"STANDARDS OF Mi PRACTICE FOR LAND SURVEYING IN THE STATE OF FLORIDA", PURSUANT TO Professional Surveyor and Mapper SECTION 5J-17.050 THROUGH 5J-17.052 OF THE FLORIDA ADMINISTRATIVE CODE AND No. 6594 State of Florida IT'S IMPLEMENTING LAW, CHAPTER 472.027 OF THE FLORIDA STATUTES. Page z Of 3 . EXHIBIT "B" Section 31 , Township 46 South, Range 29 East, Collier County, Florida. Scale: 1 "=50' CONSERVATION EASEMENT AREA SKETCH ACCOMPANY DESCRIPTION : P.O.B. Conservation Easement N NW corner Parcel 1 (ORB 5337 PG 1374) x_504728.05' y_763870.02' \ E 4-7 ,/--- S88°05'29 "E 157. 1 S33°38'25"E 11.94' 3 S08°00'161W 7.83' I--S25°30'141W 10.17' CONSERVATIO --_ l S74°43'40W 11.21' N EASEMENT \ / N85°13'401'W 27.81' v (18287 Sq.Ft OR 0.42 Ac. \ ` — S66°04'12"W 9.09' �' \___ i S08°10'00"W 9.04' c? ( -- / S19°44'06"E 22.49' — - / S02°56'57'E 10.00' Co F in : S35°27'06'W 15.27' o co_c v i S74°25'48'W 14.41' Q z — 76.00' ' d � ; N88°09'21"W 19.13' _ 6' LANDSCAPE I EASEMENT 1 25' PRESERVE NB 0 gilt 7-6.-05 SETBACK LINE cv M x_504804.63' J 0 J .) M i ~o y_763688.36' C.) xM OCaR re w0- a' LUo U�/ MM ice. N j W a c, PARCEL 1 (ORB 5337 PG 1374) SE corner SW corner Parcel 2 Parcel 1 ' LAKE TRAFFORD ROAD �� Page 3 of 3 .