Immokalee Fair Housing Alliance Conservation Easement (recorded) THIS INSTRUMENT PREPARED BY&RETURN TO: INSTR 6049229 OR 5937 PG 3854
NAME: SARAH GRIEB,ESQ. RECORDED 4/30/2021 11:18 AM PAGES 9
ADDRESS: ROETZEL &ANDRESS,LPA CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COWER COUNTY FLORIDA
850 PARK SHORE DRIVE DOC@.70$0.70 REC $78.00
THIRD FLOOR
NAPLES,FLORIDA 34103
239-649-6200
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is given this f 0 day of C.? < < .
202( , by Immokalee Fair Housing Alliance, Inc., a Florida not-for-profit corporation
("Grantor") whose mailing address is: 208 Boston Avenue, Immokalee, Florida 34142, to Collier
County, Florida, a political subdivision of the State of Florida ("County").
WITNESSETH
WHEREAS, Grantor is the owner of certain lands situated in Collier County, Florida, and
more specifically described on Exhibit "A" attached hereto and incorporated herein (the
"Property"); and
WHEREAS, County is requiring that this Conservation Easement (this "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 on Exhibit "B" attached
hereto and incorporated herein(the "Easement Property").
NOW, THEREFORE, for good and valuable consideration, the adequacy and receipt of
which are hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual
conservation easement for and in favor of County over and upon the Easement Property which
shall run with the land and be binding upon Grantor, and shall remain in full force and effect
forever.
The scope, nature, and character of this Easement shall be as follows:
1. Recitals. The recitals hereinabove set forth are true and correct and are hereby
incorporated into and made a part of this Easement.
2. Grant of Easement. Grantor, its successors, heirs, assigns and/or transferees,
hereby grants a non-exclusive easement to County over and across the Easement Property for the
purpose of conservation.
3. Restrictions. 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 County; or
b. Uses as permitted by Section 3.05.07.H of the Collier County Land
Development Code ("LDC"). 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.
4. Maintenance. 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. County shall have
no responsibility for maintenance of the Easement Property. The Easement Property shall at all
times be maintained in accordance with applicable requirements of the LDC. Grantor shall pay
any and all real property taxes and assessments levied by competent authority on the Easement
Property.
5. Public Access. No right of access by the general public to any part of the
Easement Property is being conveyed. County shall have the right to access and use of the
Easement property for the purpose of making inspections; however, County shall have no
obligation to maintain the Easement Property, nor shall County have the right to use the
Easement Property for any purpose inconsistent with the terms of this Easement.
6. Reservation by Grantor. 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 Easement.
7. Future Transfers. Grantor shall insert the terms and restrictions of this Easement
in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in
the Property.
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8. Notice. 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. Amendment. This 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. Easement Running with the Land. This 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 Grantor that this
Easement be perpetual.
11. Severability. If any provisions of the Easement or the application thereof to any
person or circumstances is found to be invalid, the remainder of the provisions of this Easement
shall not be affected thereby, as long as the purpose of the Easement is preserved.
12. No Waiver. Enforcement of the terms, provisions and restrictions of this
Easement shall be at the reasonable discretion of County, and any forbearance on behalf of
County 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 County's rights hereunder.
13. Enforcement. The terms and conditions of this Easement may be enforced by
County 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 County
prevails, County 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 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.
3
IN WITNESS WHEREOF, Grantor has executed this Easement as of this /Oday of
ingi2C y , 202 1 .
WITNESSES: IMMOKALEE FAIR HOUSING ALLIANCE,
INC., a Florida not for profit corporation
/ By.�n. Cifrefii-6 „,,t,-
Name: `f Mil aD U C 6D'1201-e? (Signature)
(Print)
Print NamelA4, APa( L_ BOr :2wj1)
(Signature) Title: C A 1i- /J / Ct O
Name:` 1l\ I.6\ �— A00,Yl l j ?f
(Print)
By: ' - o LS
(Signature)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was ackn ledged before me by means of physical presence
or 0 online notarization, this 16 da of {C A , 202 I by /2po I built-Z mC!0, as Ula,l v14h of Immokalee Fair Housing
Alliance. Inc., a Florida not-for-profit corporation, on behalf of the corporation. He/She is
ersonally known to meD or has produced_ as
identification.
•
(Seal)
Signature of ry
5 a z .
n
Printed Name
Itr�a.ry Est a Notary Expires: `1 712/
My Corn.zit n GG 115185
Expires 06/17Y2021
4
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIEI CO NTY, FLORIDA
By: 4 ���..�_ By:
--14 ty Clerk Permy Tayl Chairman
Attest as to irm. 's
signature only.
Approved as to form and legality:
D.
Derek D. Perry
Assistant County Attorney
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
PURSUANT TO AGENDA DATED
2/23/2010, ITEM NO. 16.B. 1,
RESOLUTION NO. 2010-39 .
APPROVED PURSUANT TO RESO. 2010-39
[20-EIS-04379/1585789/11
5
15166000 1 PERSON.312 .
EXHIBIT "A"
The Southwest V4 of the Southwest '/4 of the Northeast V4 of Section 32, Township
46S, Range 29E, lying North of S.R. 850 (also known as Lake Trafford Road) and
West of N. 19th Street Collier County, Florida
Pare 1 of 1
EXHIBIT "B"
A CONSERVATION EASEMENT LYING IN THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP
46 SOUTH, RANGE 29 EAST, COLLIER COUNTY FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP
46 SOUTH, RANGE 29 EAST, COLLIER COUNTY FLORIDA, RUN NORTH 89°17'30"
EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION FOR
462.78 FEET; THENCE SOUTH 00°40'50" EAST FOR 83.99 FEET; THENCE SOUTH
62°32'46" WEST FOR 64.25 FEET; THENCE SOUTH 89°27'39" WEST FOR 47.46 FEET;
THENCE SOUTH 89°16'16" WEST FOR 171.26 FEET TO A POINT OF CURVATURE;
THENCE 103.11 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE
SOUTHEASTERLY; HAVING A RADIUS OF 79.20 FEET, A CENTRAL ANGLE OF
74°35'27", AND A CHORD WHICH BEARS SOUTH 51°58'32" WEST FOR 95.98 FEET;
THENCE SOUTH 89°18'30" WEST FOR 15.45 FEET; THENCE SOUTH 00°45'22" EAST
FOR 29.49 FEET; THENCE SOUTH 89°13'03" WEST FOR 94.63 FEET TO THE WEST LINE
OF THE SOUTHWEST QUARL'ER OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION; THENCE NORTH 00°46'49" WEST ALONG
SAID WEST LINE FOR 200.62 FEET TO THE POINT OF BEGINNING.
BEARINGS ARE GRID BEARINGS BASED UPON THE NORTH AMERICAN DATUM OF
1983, 2011 ADJUSTMENT (NAD83/NSRS 2011)FLORIDA EAST ZONE.
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