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Watercrest INSTR 5942917 OR 5834 PG 1345 RECORDED 10/23/2020 9:46 AM PAGES 8 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA THIS INSTRUMENT PREPARED BY&RETURN TO: DOC@.70$0.70 REC$69.50 NAME: Harold J. Webre, Esq. Coleman,Yovanovich &Koester, P.A. ADDRESS: 4001 Tamiami Trail N., Suite 300 Naples, FL 34103 PARCEL I.D. portion of 00417760001 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this day of &✓C.V' , 2020, by Tract L Development, LLC, a Florida limited liability company, as "Grantor", whose address is 7742 Alico Rd., Fort Myers, FL 33912, 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 described in the attached composite Exhibit"B" (the "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 property described in Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. Revised 2/13/2019 [20-ENS-00648/1526927/1] 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. 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 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 2/13/2019 [20-ENS-00648/1526927/1] 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 Easement 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: Tract L Development, LLC, a Florida limited liability company 44Ata 4)". WT,L ✓ P ' -• Ni e: ukuLr(atbz m, ezttap or (1---j / a .` —A"" By: Prin ird Name: ' ( David orres, as its Manager Revised 2/13/2019 [20-ENS-00648/1526927/1] 3 STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was subscribed, sworn and acknowledged fore me by means [4 physical presence or [ ] online notarization, this V' day of .4i c*- , 2020, by David E. Torres, as Manager of Tract L Dev opme , LLC, a Florida limited liability company, on behalf of said company, and who is [ r personally known to me or [ ] who produced as identification. NO Y PUBLIC i Prin ed Name: -AZ/44 :4-".. My Commission Expires:/* -' _0G °We Notary Public State of Florida Maritza Aguiar �7,,y My Commission GG 145859 �?orw Expires 12/08/2021 Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA y -) By \..I U - DeputyCtèrk/ Burt L. Saunders, Chairman Attest as to`Chairman's �-,�. vj Approved as to form and legali Sally . Ashkar Assistant County Attorney CP\1 l-ENS-00442\4 Revised 2/13/2019 [20-ENS-00648/1526927/1] 4 E3 H 151T A Trask Surveying, P.A. Land Surveyors A PARCEL LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (OVERALL PARCEL) A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER, LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 5516, PAGE 1366, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT R-1, HACIENDA LAKES OF NAPLES, PLAT BOOK 55, PAGE 10, SAID PUBLIC RECORDS; THENCE 5.87°37'31"W. ALONG THE NORTH LINE OF SAID TRACT R-1 AND THE SOUTH LINE OF SAID SECTION 14, FOR 147.95 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 14 ON THE BOUNDARY OF TRACT FD- 2, SAID HACIENDA LAKES OF NAPLES; THENCE N.00°48'00"E. ALONG THE BOUNDARY OF SAID TRACT FD-2 AND THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 14, FOR 41.95 FEET TO THE NORTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 5201, PAGE 2129,SAID PUBLIC RECORDS AND THE POINT OF BEGINNING; THENCE S.80°46'57"W. ALONG SAID RIGHT OF WAY LINE, FOR 99.80 FEET; THENCE S.87°37'31"W. ALONG SAID RIGHT OF WAY LINE, FOR 1158.68 FEET TO THE WEST BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 5516, PAGE 1366, BEING THE EAST LINE OF THE WEST 80.00 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE LEAVING SAID RIGHT OF WAY LINE, N.00°48'45"E. ALONG SAID BOUNDARY AND FRACTIONAL LINE, FOR 640.25 FEET TO THE NORTH BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 5516, PAGE 1366 AND THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SA►D SECTION;THENCE N.87°36'13"E. ALONG SAID BOUNDARY AND FRACTIONAL LINE, FOR 1256.99 FEET TO SAID BOUNDARY OF TRACT FD-2 AND SAID NORTH-SOUTH QUARTER SECTION LINE; THENCE S.00°48'00"W. ALONG SAID TRACT BOUNDARY AND FRACTIONAL LINE, FOR 628.81 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 803287.93 SQUARE FEET OR 18.44 ACRES, MORE OR LESS. BEARINGS ARE BASED ON SOUTH LINE OF SECTION 14 AS BEARING N.87°37'31"E. TRASK SURVEYING, P.A. FEBRUARY 25, 2020 FLORIDA LICENSED BUSINESS LB8082 KENNETH E.TRASK PROFESSIONAL LAND SURVEYOR FLORIDA LICENSE LS4684 SHEET 1 OF 2 12345 Blasingim Road • Fort Myers, FL 33966 5 SKETCH TO ACCOMPANY N DESCRIPTION OF A PARCEL LYING IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. O.R. 5331, PG. 1521 N. LINE O.R. 5516, PG 1366 & 1 S.1/2—S.E.1/4—S.W.1/4 SECTION 14 IN87'36'13'E 1256.99' 1 1 I 1n Z N Z J 0Z. F OF(D ZO O U1 N N H�j'l NL-- w U to I O N1 M N ¢Z pNO_ 0 3j a N SUBJECT PARCEL z� a5'� M vi o O.R. 5516, PG 1366 i-co m a 11 '' ,W't C a 0 O w. �ia 000 Qt. O O DUI = Z• gZ 0l J1 m Z. : I Z J I Li j P.O.B.-\ 1 L3 N 1 _ _ ./ .. S87'37'31'W 1158.68' L1 _ - SOUTH LINE SECTION 14 - _�_—__--- T RATTLESNAKE HAMMOCK RO & LINE N. TRACT R-1 O.R RIGHT IOF WAY 29J HACIENDA LAKES OF NAPLES CORNER P.B. 55, PG. 10 SECTION 14 LINE TABLE P.O.C. LINE BEARING DISTANCE N.E. CORNER u 587'3729"w 147.95' TRACT R-1 HACIENDA LAKES L2 N00'48'00"E 41.95' OF NAPLES L3 S80'46'STw 99.60' P.B. 55, PG. 10 LEGEND THIS IS NOT A BOUNDARY SURVEY P.O.C. POINT OF COMMENCEMENT P.0.8. POINT OF BEGINNING Trask Surveying, P.A. LS LICENSED SURVEYOR �.L�' LB LICENSED BUSINESS �� Land Surveyors O.R. OFFICIAL RECORDS BOOK �i -e`i a.� 2_25 2Q Florida Licensed Business No. LB8082 12345 Blasingim Rood P.B. PLAT BOOK KENNETH E. TRASK DATE Fort Myers, Florida 33966 PG. PAGE (239)980-1495 PROFESSIONAL LAND SURVEYOR FLORIDA LICENSE NO. LS4684 date dey scale Ice# sheet 2-25-20 ' 17-23% 1"=150' I 17-23 I 2 OF 2 E-Y+-t l B IT 3 Trask Surveying, P.A. Land Surveyors AN EASEMENT LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (CONSERVATION EASEMENT) AN EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING OVER,ACROSS AND THROUGH THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 5516,PAGE 1366, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT R-1, HACIENDA LAKES OF NAPLES, PLAT BOOK 55, PAGE 10, SAID PUBLIC RECORDS; THENCE S.87°37'31"W. ALONG THE NORTH LINE OF SAID TRACT R-1 AND THE SOUTH LINE OF SAID SECTION 14, FOR 147.95 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 14 ON THE BOUNDARY OF TRACT FD- 2, SAID HACIENDA LAKES OF NAPLES; THENCE N.00°48'00"E. ALONG THE BOUNDARY OF SAID TRACT FD-2 AND THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 14, FOR 41.95 FEET TO THE NORTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 5201, PAGE 2129 AND OFFICIAL RECORDS BOOK 5201, PAGE 2138, SAID PUBLIC RECORDS; THENCE CONTINUE N.00°48'00"E. ALONG SAID QUARTER SECTION LINE, SAID TRACT BOUNDARY AND THE BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 5516, PAGE 1366, FOR 486.32 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID PARCEL AND TRACT BOUNDARY AND FRACTIONAL LINE, 5.87°36'13"W. FOR 338.50 FEET; THENCE N.43°09'50"W. FOR 72.62 FEET; THENCE S.87°47'56"W. FOR 867.86 FEET TO THE WEST BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 5516, PAGE 1366, BEING THE EAST LINE OF THE WEST 80.00 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N.00°48'45"E. ALONG SAID BOUNDARY AND FRACTIONAL LINE, FOR 84.44 FEET TO THE NORTH BOUNDARY OF SAID PARCEL AND THE NORTH LINE OF THE SOUTH HALF OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER;THENCE N.87°36'13"E.ALONG SAID BOUNDARY AND FRACTIONAL LINE FOR 1256.99 FEET TO SAID PARCEL AND TRACT BOUNDARY AND SAID NORTH-SOUTH QUARTER SECTION LINE; THENCE S.00°48'00"W. ALONG SAID PARCEL AND TRACT BOUNDARY AND NORTH-SOUTH QUARTER SECTION LINE FOR 142.49 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 128420.28 SQUARE FEET OR 2.95 ACRES, MORE OR LESS. BEARINGS ARE BASED ON SOUTH LINE OF SECTION 14 AS BEARING N.87°37'31"E. TRASK SURVEYING, P.A. JANUARY 21, 2020 FLORIDA LICENSED BUSINESS LB8082 KENNETH E.TRASK PROFESSIONAL LAND SURVEYOR FLORIDA LICENSE LS4684 SHEET 1 OF 2 12345 Blasingim Road • Fort Myers, FL 33966 SKETCH TO ACCOMPANY -AD- DESCRIPTION Y OF A PARCEL LYING IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. O.R. 5331, PG. 1521 N. LINE O.R. 5516, PG 1366 & S.1/2-S.E.1/4-S.W.1/4 SECTION 14 N87'36'13"E 1256.99' --- I SUBJECT EASEMENT n d- J -----� P.O.B. i ti-" ��--M— -87'47'56"W 867.86'�~ CS a 687'36'13"W 338.50' w J a In z. a. o C zo 0 F. N N NLL� _ Z I to 1 N" o 0 o<v 0 U a - 3 1Via- tr) 1 (-) ¢SoM viIof O.R. 5516, PG 1366 a w'd• c � 4 x z Faroa0\ ' W LOZ a _ ;: u' Lu a wo " d Wo a w o o ra.,00 = zi a;z a 3 3 z cri w O1 0]Z. I tv I I _ - - L1 — — SOUTH LINE SECTION 14 RATTLESNAKE HAMMOCK ROAD & LINE N. TRACT R-1 O.R. 5201, PG. 2129 &J TRACT R-1 S. 1/4 O.R. 5201, PG. 2138 HACIENDA LAKES OF NAPLES CORNER RIGHT OF WAY P.B. 55, PG. 10 SECTION 14 LINE TABLE P.O.C. LINE BEARING DISTANCE N.E. CORNEA TRACT R-1 u $87'37'29°W 147.95' HACIENDA LAKES L2 N00.48'00"E 41.95' OF NAPLES L3 S00'48'00'W 142.49' P.B. 55, PG. 10 L4 N00'48'45"E 84.44' L5 N43'09'50°W 72.62' LEGEND THIS IS NOT A BOUNDARY SURVEY P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING Trask Surveying, P.A. LS LICENSED SURVEYOR Land Surveyors 4).'-- LB LICENSED BUSINESS 44'%� Florida Licensed Business No. L88082 O.R. OFFICIAL RECORDS BOOK /� Z 25 �� 12345 Blasingim Road P.B. PLAT BOOK KENNETH E. TRASK DATE fort Myers, Florida 33966(239)980-1495 PG. PAGE PROFESSIONAL LAND SURVEYOR FLORIDA LICENSE NO. LS4684 date dry scale poN sheet 1-21-20 17-239( 11"=150' I 17-23 I 2 OF 2 S